How Obama Became a Civil Libertarian's Nightmare

AlterNet.org

AlterNet / By Steven Rosenfeld

How Obama Became a Civil Libertarian's Nightmare

Obama has expanded and fortified many of the Bush administration's worst policies. 

 

April 18, 2012  |  

 

 

 

When Barack Obama took office, he was the civil liberties communities’ great hope. Obama, a former constitutional law professor, pledged to shutter the military prison at Guantanamo Bay, Cuba, and run a transparent and open government. But he has become a civil libertarian’s nightmare: a supposedly liberal president who instead has expanded and fortified many of the Bush administration’s worst policies, lending bipartisan support for a more intrusive and authoritarian federal government.

It started with the 9/11 attacks. Within a week, Congress, including many liberals, gave the White House blanket authority to wage a war on the terrorists. A month after that, Congress passed the USA Patriot Act, authorizing many anti-terrorism measure including expanded surveillance. By mid-November, the White House ordered creation of military tribunals to try terrorists who were not U.S. citizens.

Bush quickly expanded covert operations, creating a shadow arrest, interrogation and detention system based at Guantanamo that violated international law and evaded domestic oversight. While the Supreme Court eventually ruled that detainees have some rights, the precedent that the Constitution does not restrict how a president conducts an endless war against a stateless enemy was firmly planted. In response, groups like the American Civil Liberties Union proposed reforms the newly elected president could make. What few anticipated was how he would embrace, expand and institutionalize many of Bush’s war on terror excesses.

President Obama now has power that Bush never had. Foremost is he can (and has) order the killing of U.S. citizens abroad who are deemed terrorists. Like Bush, he has asked the Justice Department to draft secret memos authorizing his actions without going before a federal court or disclosing them. Obama has continued indefinite detentions at Gitmo, but also brought the policy ashore by signing the National Defense Authorization Act of 2012, which authorizes the military to arrest and indefinitely detain anyone suspected of assisting terrorists, even citizens. That policy, codifying how the Bush treated Jose Padilla, a citizen who was arrested in a bomb plot after landing at a Chicago airport in 2002 and was transferred from civil to military custody, upends the 1878’s Posse Comitatus Act’s ban on domestic military deployment.

Meanwhile, more than a decade after the 9/11 attacks, Washington’s wartime posture has trickled down into many areas of domestic activity—even as some foreign policy experts say the world is a much safer place than it was 20 years ago, as measured by the growth in free-market economies and democratic governments. Domestic law enforcement has been militarized—as most visibly seen by the tactics used against the Occupy protests and also against suspected illegal immigrants, who are treated with brute force and have limited access to judicial review before being deported.

One of Bush’s biggest civil liberties breaches, spying on virtually all Americans via their telecommunications starting in 2003, also has been expanded. Congress authorized the effort in 2006. Two years later, it granted legal immunity to the telecom firms helping Bush—a bill Obama voted for. The National Security Agency is now building its largest data processing center ever, which Wired.com’s James Bamforth reports will go beyond the public Internet to grab data but also reach password-protected networks. The federal government continues to require that computer makers and big Web sites provide access for domestic surveillance purposes. More crucially, the NSA is increasingly relying on private firms to mine data, because, unlike the government, it does not need a search warrant. The Constitution only limits the government searches and seizures.

The government’s endless wartime footing is also seen in its war on whistleblowers. Obama has continued cases brought by Bush, such as going after the "leaker" in the warrantless wiretapping story broken by the New York Times in 2005, as well as the WikiLeaks case, prosecution of Bradley Manning, and others for allegedly mishandling classified materials related to the war on terrorism. Its suppression of war-related information given to journalists extends overseas, where the State Department this month has blocked a visa for a Pakistani critic from speaking in the U.S. The White House also recently pressured Yemen’s leader to jail the reporter who exposed U.S. drone strikes. Meanwhile, the administration has stonewalled Freedom of Information Act requests, particularly the Justice Department, which has issued the secret wartime memos.

How bad is it? Anthony Romero, the ACLU executive director, exclaimed in June 2010 that Obama “disgusted” him. Meanwhile, the most hawkish Bush administration officials have defended and praised Obama.

Last summer, liberal lawyer-journalist Glenn Greenwald tallied a list of Bush warrior endorsements. Jack Goldsmith, the former DOJ officials who approved the torture and domestic spying efforts, wrote in The New Republic in May 2009 that Obama actually was waging a more effective war on terror than Bush.

“The new administration has copied most of the Bush program, has expended some of it, and has narrowed only a bit,” Goldsmith wrote. “Almost all of the Obama changes have been at the level of packaging, argumentation, symbol and rhetoric.” Bush’s final CIA director, General Michael Hayden—whose confirmation Obama opposed as a senator—told CNN there was a “powerful continuity between the 43rd and 44th presidents.” And in early 2011 Vice-President Dick Cheney told NBC News, “He’s learned that what we did was far more appropriate than he ever gave us credit for while he was a candidate.”
All of these civil liberties issues—executive authority to order assassination of citizens, unlimited detention without charges at Guantanamo, authority to deploy the military domestically to arrest and indefinitely detail terrorism suspects, a parallel "due process" that is outside the judicial branch, the expansion of the surveillance state, the increased militarization of local police and federal agencies especially ICE, the increasingly punitive treatment of protesters including strip searches, the war on whistleblowers, and others—are very complicated. The details are filled with shades of gray.

Bradley Manning’s harsh treatment, for example, is thought to be tied to the White House’s fear that the vast WikiLeaks cache contained references to the pursuit of Osama Bin Laden before his assassination—and could have alerted Al Qaeda. Better data mining and analysis could have detected the 9/11 attacks, the Patriot Act’s defenders past and present have repeatedly argued. But from a civil liberties perspective, Obama has more than chipped away at freedom from federal intrusion. The underlying problem is the tactics and values forged in foreign war have seeped into domestic policing.

“We are witnessing the bipartisan normalization and legitimization of a national security state,” Jack Balkin, a liberal Yale University Law School professor, told the New Yorker in a 2011 feature about a prominent NSA whistleblower. “The question is not whether we will have a surveillance state in the years to come, but what sort of state we will have,” he wrote in a prescient law review article published early in Obama’s presidency.

The larger dangers, Balkin said, was that the government is creating a “parallel track of preventative law enforcement that bypasses traditional protections in the Bill of Rights.” Moreover, he worries “traditional law enforcement and social services will increasingly resemble the parallel track.” And because the Constitution only restricts government actions, not “private parties, government has increasing incentives to rely on private enterprise to collect and generate information for it.”

“The major defining feature of the Obama administration on this issue is the eagerness with which it embraced the stunning evisceration of civil rights and liberties that was a hallmark of the Bush administration, and then deepened those outrageous programs,” said Mara Verheyden-Hilliard, executive director of the Partnership for Civil Justice Fund, who is an attorney representing many Occupy protesters swept up in last fall’s mass arrests. “He has successfully counted on the acquiescent silence of the liberals.”

Eric Holder, the Defender

The biggest difference between Bush and Obama on civil liberties and the war on terror is the Obama administration is more attuned to the optics of trying to appear reasonable as it conducts much of the same policies. To be fair, Obama has not kidnapped innocent people en masse in Afghanistan and warehoused them in Cuba, as Bush did. But he has launched drone strikes in numerous counties, where the victims include children.

In 2010, the ACLU and New York-based Center for Constitutional Rights, which has represented many Guantanamo detainees, filed a suit asking a federal court to set legal standards when the government could use lethal force against a U.S. citizen who was overseas but not on an active battlefield. That suit was dismissed. But Eric Holder, perhaps giving a victory to critics who have condemned the administration’s secrecy, gave an speech this March at Chicago’s Northwestern University School of Law explaining Obama’s wartime actions and authority. The speech was exactly what Goldsmith had described a year earlier in The New Republic—nearly identical on substance to Bush administration policy, but with more attention to the packaging for the public.
“In the long history of the world, only a few generations have been granted the role of defending freedom in its hour of maximum danger,” Holder began, quoting President John F. Kennedy’s inaugural at the height of the Cold War. “But just as surely as we are a nation at war, we are also a nation of laws and values,” Holder continued, saying, “Our actions must always be grounded on the bedrock of the Constitution.”

Holder explained the challenge for government was what to do after someone is found who is suspected of participating in a terrorist plot against the United States. He said the federal courts have done an excellent job in dealing with suspected terrorists since 9/11—and those who claim otherwise “are simply wrong.” But then Holder built the case for using a “reformed” military commission system—granting foreign detainees a right to counsel, a right to see evidence against them, and a right to cross-examine witnesses.

Moreover, Holder defended the administration’s right to transfer a terrorism suspect from civilian courts to military custody “based on the considered judgment of the President’s senior national security team.” And he said that in a “war with a stateless enemy” that the federal government has a right an obligation “to target specific senior operational leaders of Al Qaeda and associated forces,” just as the military shot down the plane with the top Japanese Admiral who led the Pearl Harbor attacks in World War II. “It is important to explain these legal principles publicly,” Holder said. “The Constitution does not require the President to delay action until some theoretical end stage of planning—when the precise time, pace and manner of an attack become clear.”

Holder then said there is no constitutional requirement that the President “get permission from a federal court before taking action against a United States citizen who is a senior operational leader of Al Qaeda or associated forces. This is simply not accurate. ‘Due process’ and ‘judicial process’ are not one and the same, particularly when it comes to national security. The Constitution guarantees due process, not judicial process.”

Holder’s arguments sound reasonable until you stop and ask where it ends up. The U.S. is still involved in dubious warfare efforts overseas—particularly Afghanistan. But the full wartime powers invoked by Obama to endlessly fight stateless terrorists, which are on par to Franklin Delano Roosevelt’s suspension of civil liberties in World War II, arguably are disproportionate to the scope of military actions. Moreover, people like Obama who are schooled in constitutional law know there are reasons why the foundation of American democracy is based on being a nation of laws—not arbitrary decisions by men—and are expected to respect that distinction govern with due deference and restraint.

Those who understand Obama’s civil liberties failing best include lawyers serving in the military, like David Frakt, a lawyer in the Air Force and Barry University School of Law professor. He recently wrote on Jurist.org that Obama’s targeted assassinations—a word Holder rejected in the speech—was the foreign policy equivalent of the domestic "Stand Your Ground" laws that led to Trayvon Martin's killing.

“During the Bush administration, we developed the rule of ‘we can kill you, but you can’t kill us,’” Frakt wrote. “Now, under the Obama administration, we have added a corollary… namely, ‘you can’t kill us, only we can kill us,’” referring to killing U.S. citizens abroad where “capture is not feasible.” The Stand Your Ground laws “are the logical domestic criminal counterpart to our nation’s aggressive pre-emptive self defense doctrine, under which we have gone to war on the same flimsy suspicions that George Zimmerman acted upon.”

The problem—as seen with more than 600 innocent people taken to Guantanamo—is that the White House can make mistakes. Cheney famously called them “the worst of the worst,” but by 2009 only one in seven were seen as being enemy combatants. Sen. Ron Wyden, D-OR, responding to Holder’s talk, said that, “Based on what I’ve heard so far, I can’t tell whether or not the Justice Department’s legal arguments would allow the president to order intelligence agents to kill an American inside the United States.”

Domestic civil liberties are fragile. They are not the same as a World War II battlefield where a grunt shoots first and asks questions later. Civil liberties take years to create and accrue, whereas a domestic terrorist attack can occur in a flash and then unwind those protections quickly and for many years. What started under Bush and has continued under Obama are battlefield values that have been conflated with domestic policing.
Just as Stand Your Ground laws turn every American going about their lives into a threat that needs to be measured, so too does a growing surveillance state encroach on privacy and specific constitutional rights, such as freedom from warrantless searches, judicial review and other constitutional checks and balances.

The question, as Balkan noted at the start of the Obama presidency, is not whether we will have a growing surveillance and police state, but what that state will be like. Obama has begun to wind down the wars in Iraq and Afghanistan. But he hasn’t begun to roll back the most extreme civil liberties abuses tied to the earliest phases of that war. Liberals expected otherwise from a former constitutional law professor and candidate who campaigned against the excesses of the Bush administration.  

Steven Rosenfeld covers democracy issues for AlterNet and is the author of "Count My Vote: A Citizen's Guide to Voting" (AlterNet Books, 2008).

Obama Echoes Bush, Sets Plan for Polar Bear Extinction

Published on Wednesday, April 18, 2012 by Common Dreams

Obama Echoes Bush, Sets Plan for Polar Bear Extinction

“President Obama’s proposal for these magnificent and imperiled animals is a gift to Big Oil"

- Common Dreams staff 

 

The Obama Administration issued a proposed rule yesterday that disregards the effects of greenhouse gases on polar bear habitat leading one conservation group to say that the rule echoes former President George W. Bush's plan, and that it will lead to the extinction of polar bears.

 

Kassie Siegel from the Center for Biological Diversity: “President Obama’s proposal for these magnificent and imperiled animals is a gift to Big Oil and an affirmation of the pro-industry policies of the Bush government. (photo: Subhankar Banerjee) Noting that polar bears are only on the endangered species list precisely because of loss of habitat caused by greenhouse gases generated from activities outside the Arctic, the proposed rule excluding activities outside the range of polar bears from regulations will lead to the bears' demise.

Brendan Cummings of the Center for Biological Diversity called the rule "complete doublespeak," the Associated Press reports.  "It's saying, 'Here is a rule necessary for the conservation of the polar bear,' yet the only thing it does is exempt from regulation the overwhelming threat to the species."

“If polar bears are to survive we have to directly confront the greatest threat to them: our greenhouse gas emissions,” said Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute.
“With their sea-ice habitat rapidly disappearing, polar bears need the full protection of the Endangered Species Act,” said Siegel. “President Obama’s proposal for these magnificent and imperiled animals is a gift to Big Oil and an affirmation of the pro-industry policies of the Bush government. When it comes to saving urgently endangered polar bears, the only ‘change’ Obama has delivered is more climate change.”
The rule, released by the U.S. Fish and Wildlife Service, has 60-day public comment period.

* * *

Center for Biological Diversity: Obama Administration Again Proposes Polar Bear Extinction Plan
New Rule Echoes Bush Plan Ignoring Polar Bears’ Plight Against Global Warming

WASHINGTON - April 17 - The Obama administration announced today that it is reissuing a Bush-era regulation that sharply limits protections for polar bears under the Endangered Species Act. Both the current proposal and the previous Bush rule exclude activities occurring outside the range of polar bears — such as the greenhouse gas emissions of industrial polluters like coal plants — from regulations that could help stop the bear’s extinction. Today’s announcement comes as a result of a court order that struck down the Bush rule in October 2011.

Polar bears were the first species added to the endangered and threatened species list solely because of threats from global warming. Regulations issued under the Endangered Species Act must provide for the “conservation” of threatened species. Notably, the press release issued by the U.S. Fish and Wildlife Service announcing the new proposed rule today did not mention greenhouse gases or climate change at all, while the very purpose of the rule is to exempt greenhouse emissions from the reach of the Act.

“If polar bears are to survive we have to directly confront the greatest threat to them: our greenhouse gas emissions,” said Kassie Siegel, director of the Center for Biological Diversity’s Climate Law Institute. “But the Obama administration seems to be living in a fantasy world where the way to solve a difficult problem is to deny its existence.”

The proposed rule severely undermines protection for polar bears by exempting from portions of the Endangered Species Act all activities that occur outside of the bears’ range. But the species is endangered precisely because of activities occurring outside the Arctic — namely the emission of greenhouse gases and resulting warming that is leading to the rapid disappearance of summer sea ice.

“With their sea-ice habitat rapidly disappearing, polar bears need the full protection of the Endangered Species Act,” said Siegel. “President Obama’s proposal for these magnificent and imperiled animals is a gift to Big Oil and an affirmation of the pro-industry policies of the Bush government. When it comes to saving urgently endangered polar bears, the only ‘change’ Obama has delivered is more climate change.”

The special rule also reduces the protections the bear would otherwise receive in Alaska from oil-industry activities in its habitat.

When the polar bear was listed as a threatened species in May 2008 (following a petition by the Center), the Bush administration simultaneously issued a special rule under section 4(d) of the Endangered Species Act. A similar rule was finalized in December 2008 and defended by the Obama administration in court. On Oct. 17, 2011, a federal district court judge struck it down owing to the Fish and Wildlife Service’s failure to conduct an environmental review of the rule’s impacts.

The challenge was brought by the Center for Biological Diversity, Natural Resources Defense Council, Greenpeace and Defenders of Wildlife. Today’s proposal, in response to the 2011 court order, triggers a 60-day public comment period, with the rule scheduled for finalization by the end of 2012.

Obama Turns Super-Hawk

Published on Sunday, April 8, 2012 by Common Dreams

Obama Turns Super-Hawk

by Danny Schechter

 

Back in the last Century, when Bill Clinton was running for re-election in the "permanent campaign" he, with the advice of the smarmy Dick Morris chose to co-opt Republican positions to pre-empt their using them against him.It was called "triangulation" but also disguised a clear strategic shift to the right that has now surfaced in the Obama campaign. It appears that Team Obama does not take the concerns or values of its liberal support base seriously. They think they can be mesmerized by selective symbolic stands and they have nowhere else to go.

The Black Community has pledged itself to his re-election despite criticisms by black leaders who privately feel abandoned by him.

Robert Scheer, who edits Truthdig, says liberals will have to embrace Obama by "default". "The Republicans are a sick joke and their narrow ideological stupidity has left rational voters no choice in the coming presidential election but Barack Obama," he writes.

He also recognizes that Obama has now "backed Republican initiatives", calling the president the "moderate" choice in the coming election, "defending centrist programs that Republicans in the past helped originate".

'Hopey to mopey'

Van Jones, who Obama appointed to a job advocating green energy solutions until attacks by the right led to his dumping him, calls his former boss a "post-hope" candidate. He said in an interview on MSNBC:

We went from 'hopey' to mopey… I saw the misfires: how the White House didn't really understand the grassroots movement; the grassroots movement certainly didn't understand the grassroots movement…and there was this 'hope' bubble that collapsed. (with) both sides not understanding each other.

For years now, the president, in what some analysts say is a deeply engrained fear/reaction to a total assault by Fox News, has sought to keep the messengers of patriotically correct banalities off guard with a slew of hawkish/hardline foreign policy initiatives.

He escalated the two big wars he inherited with "surges" in Iraq and Afghanistan as well as drone offensive associated with continuing collateral damage, i.e, civilian deaths. He turned General Petraeus from his counter-insurgency specialist into a hero spymaster and gave him more and more power, perhaps to prevent his running against him. He turned the covert-action Seals units into a Presidential-sanctioned assassination squad and, then, practically went steady with the Pentagon. The flag pin he avoided as a candidate is now a staple of his "uniform".

You can understand why: he can't really run on domestic issues. His economic policies have failed to create jobs or a recovery because he banked on the banks. Despite all the Republican banter about his alleged socialism, he's given the capitalists just about everything they want, including the new JOBS bill that will erode financial reform rules and open the door to more fraud. His Justice Department has not waged a jihad to put financial criminals in jail. They've settled complaints with major mortgage fraudsters paying fines instead being locked up.

Promises abandoned

His "so-called" Obamacare is a law embraced by the healthcare industry which will profit from it. Advocates of Medicare for All were stabbed in the back early on in the process.

So, now the president, who aroused so many hopes for a more just America, has abandoned most of his promises from shutting down Guantanamo to prosecuting Bradley Manning.

He has decided to be born again as a hawk in sheep's clothing.

Stealing George W Bush's playbook, he has decided to repackage himself as a tough guy in the war against terror after signing the new NDAA law in the middle of the night. His criticisms of Israel's rhetoric about bombing Iran is to caution them against being too hasty, promising that he has their "back" and that the US would act. Many of the harsh sanctions he imposed on that country can be considered acts of war, (like many sanctions, they hurt the people, not just their government!)

All of a sudden, war talk is surfacing to take our minds off the economic collapse, and Obama will soon show us the electorate how tough he is by going after Iran even as the right and the Israelis portray him as a softee on the Ayatollahs.

He claims to support negotiations, but his conditions demanding Iran shut down its nuclear enrichment facility first is an inflexible demand that they know the Iranians will consider an ultimatum, and have to reject, setting up a scenario for a war of aggression. "That negotiating position will be the opening move (emphasis mine) in what President Obama has called Iran's "last chance" to resolve its nuclear confrontation with the United Nations and the West diplomatically," reports the New York Times.

"The hard-line approach would require the country's military leadership to give up the Fordo enrichment plant outside the holy city of Qum, and with it a huge investment in the one facility that is most hardened against air-strikes."

Global drone warfare

He's also stepped up the use of global drone warfare with one report suggesting drones may soon go nuclear. More telling now that what's been covert is becoming more overt, as the New York Times reports with the headline, "Obama Embraces National Security as Campaign Issue":

With a Republican opponent all but chosen and the general election campaign about to start, President Obama is preparing to emphasize an issue that few Democratic candidates have embraced in the past: national security, long the domain of the Republican Party.

At the same time, the Obama campaign is seeking to portray Mitt Romney, the likely Republican nominee, as a national security neophyte whose best ideas are simply retreads of what the president is already doing, and whose worst instincts would take the country back to the days of President George W Bush: cowboy diplomacy, the Iraq war and America's lowest standing on the international stage.

In the coming weeks, Obama advisers plan to release a list of national security "surrogates" - high-profile Democrats like former Secretary of State Madeleine K Albright and Wesley K Clark, a retired general - who will write newspaper op-ed articles, give speeches and take Mr Romney to task every time he opens his mouth about foreign policy, Obama advisers said.

The plan is to draw a contrast between Mr Obama - who, his advisers say, kept his word on ending the Iraq war, going aggressively after al-Qaeda and restoring alliances around the world - and Mr Romney, who will be portrayed as playing both sides of numerous issues.

"He was for and against the removal of Gaddafi, for and against setting a timetable to withdraw our troops from Afghanistan, for and against enforcing trade laws against China, and while he once said he would not move heaven and earth to get Osama bin Laden, he later claimed that any president would have authorized the mission to do so," said Ben LaBolt, press secretary for the Obama campaign.

Playing the war card

He's planning to do to Romney what McCain's marauders tried to do to him by playing the war card. And the media keeps carrying stories urging him to be even tougher.

Two examples:

AP - The brother of a US soldier who was among three central Ohioans killed in an Afghan suicide bombing says Americans shouldn't forget "we are a nation at war".

Fox News is running the latest sermon on the mount by convicted Iran contra conspirator Colonel North who writes, "According to Matthew's Gospel, Judas Iscariot sold out Jesus of Nazareth for 30 pieces of silver. What is Barack Obama's fee for selling out Christians and Israelis?"

All of this sniping is unlikely to lead the president to pick a fight with the right even if a recent poll showed 69 per cent of all Americans want the US out of Afghanistan. The criticisms are just likely to encourage him to move further right to show his mettle and a posture that says he's ready to fight as a commander and chief who won't back down.

Haven't we heard all this before?

Mediachannel’s News Dissector Danny Schechter investigates the origins of the economic crisis in his book Plunder: Investigating Our Economic Calamity and the Subprime Scandal (Cosimo Books via Amazon). Schechter has been covering the Occupy movement for his News Dissector.com blog and other websites including Al Jazeera. He has collected his reporting into a new book, available next week, with a preface by writer Greg Palast.
Comments to dissector@mediachannel.org

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NEWS & POLITICS  

AlterNet / By Guy Saperstein

What Obama's Willingness to Deal with the Right Means for Progressive Politics

Obama was willing to make substantial cuts to the crown jewels of liberalism--Social Security, Medicare and Medicaid--in order to get a deficit-reduction deal with Republicans.

April 4, 2012  |  

 

 

 

Recently, three articles have been published analyzing President Obama’s negotiations with Republicans about a deficit reduction deal (Peter Wallsten, et al., “Obama’s evolution: Behind the failed ‘grand bargain’ on the debt,” Washington Post; Jonathan Chait, “How Obama Tried to Sell Out Liberalism in 2011,” New York Magazine; Matt Bai, “Obama vs. Boehner:  Who Killed the Debt Deal?” New York Times Magazine).
All three articles come to essentially the same conclusion: Obama was willing to make substantial cuts to the crown jewels of liberalism---Social Security, Medicare and Medicaid---and get little in return, in order to get a deficit-reduction deal with Republicans.
The details of the proposed deal should be very disturbing to anyone who believes in Democratic core values and protecting the American Dream. In addition to substantial cuts to Social Security, Medicare, Medicaid and the domestic budget, Obama was willing to reduce top-end tax rates, maintain current tax rates on investment income (the reason millionaires like Mitt Romney pay such low tax rates) and prevent the expiration of the Bush tax cuts in return for increasing tax revenues by $800 billion.
That amount is less than half the amount of new revenues recommended by the co-chairs of the Bowles-Simpson Deficit Reduction Commission, but, as it turns out, the $800 billion in “new revenues” was mostly a mirage. The $800 billion mentioned by the Republican Speaker of the House, John Boehner, would not have come from increasing taxes on anyone, especially not the rich, who would have had their taxes cut even below the Bush tax cut levels, but from nebulous plans to “overhaul the tax code,” which may or may not have ever gotten through Congress, and from projecting new revenues based on the largely disproven assumption that lower tax rates would boost the economy and produce more revenues (the laughable Laffer Curve). As one of the authors, Jonathan Chait, characterized it, “The Republican position was that its higher revenue, in other words, had to be imaginary, theoretical revenue.”
Obama did not reject this proposal. In fact, according to the Washington Post article, “[W]hen Boehner brought up economic growth, arguing that his caucus would not accept tax increases under any other terms,” Treasury Secretary Tim Geithner said, “Yes, we accept that” and Obama’s Chief of Staff, Bill Daley, is quoted in the Washington Post article saying, “We walked away feeling that we were 80 percent there” [to achieving a deal].  Events intervened, including a proposal by a bipartisan group of senators for $2 trillion in higher revenues---real revenue increases, not the imaginary increases Obama apparently was willing to accept in a deal with Boehner.
In fact, the Gang of Six proposal, which was supported by some very conservative Republicans, including Senator Lamar Alexander, then the third-ranking member of the Republican Senate leadership team and senators Tom Coburn and Saxby Chambliss, contained $2 trillion in real revenue increases, including higher taxes and stronger protections for the poor than the deal Obama was negotiating. This caused Bill Daley to say, “We’d be beat up miserably by Democrats who thought we got out-negotiated” if Obama took the $800 billion of phony revenue projections, and no deal was concluded.
Nevertheless, with the prospects of a deal dimming and even with the embarrassment of the much better Gang of Six proposal in the background, two days later, according to the Post, “Working late into the evening, Obama asked someone to get Boehner on the phone. His message: I’ll take your last offer.” At this point. Boehner refused to reopen negotiations and Obama was left at the altar without a mate. But, the Post article reports that, “White House officials said this week [March 17] that the offer is still on the table.”
Obama’s willingness to bargain away core progressive values of the Democratic Party in a deficit-reduction deal comes after his meltdown on a large range of issues dear to progressives: His unconditional support for Bush's Wall Street bailout; his escalation of the Afghanistan War; his acceptance of Bush-era limits on civil liberties; his shift from supporting the healthcare public option and opposing individual mandates during the 2008 campaign to subverting the public option and backing individual mandates in 2009; his extension of the Bush tax cuts for the rich (in exchange for Republicans allowing an extension of unemployment benefits and aid to cash-strapped states); his withdrawal of strong EPA rules on clean air; his gratuitous attacks on “the professional Left.”
At times it has seemed that Obama went out of his way to attack progressives and undermine progressive programs in order to prove he was truly the post-partisan president he claimed to be. Indeed, as I and Andrew Sullivan have previously argued, the evidence is pretty conclusive that Obama has governed as a conservative.
So, the question for progressives is, “What do we do now?”
Obama supporters would answer that question by arguing that now is not the time to criticize the president because the alternative--electing a Republican--would be worse. Now is the time to mute criticism, because criticism can be embarrassing and dispiriting. Buck up, Dems, forget issues and actual performance, now is the time for cheerleaders, not critics. We can reconvene on the issues after Obama gets re-elected
I think exactly the opposite is true. The only leverage progressives have on Obama is now, not later, not after the election. After the election, what is most likely is that Obama will return to his vision of himself as someone standing above politics, capable of making a “Grand Bargain” with Republicans, as a serious deficit hawk, as someone willing to put Medicare, Medicaid and Social Security on the chopping block before he demands more sacrifices from the rich and well-connected.
The 2012 presidential election is going to be one of the most dismal and depressing presidential elections in American history. Morale among Democrats is low because Obama has not been the savior many people expected and because the 2008 Democratic mandate was squandered so quickly and for so little. Republicans, on the other hand, likely will be led by Mitt Romney, a guy who has been pulling an aggregate of 39 percent of votes in the Republican primaries and who has been strongly opposed by the Tea Party and conservative wings of the party; indeed, if the conservative Republican votes had not been split among conservative candidates, Romney would not be the nominee.
Voters also will be bombarded by $3 billion of negative advertising, which is not likely to increase voting enthusiasm; indeed, much of the Republican advertising will be designed to suppress voting. Low enthusiasm elections mean one thing, low turnout and in low-turnout elections, what do you do? You activate the base voters because base voters are more likely to vote than occasional voters.
Obama already has figured this out, which is why his State of the Union address was so populist and progressive (if you leave out the 15 minutes or so of pure pandering to the military). He is smart enough to realize that he can’t get re-elected talking austerity and cuts to important social programs that many people, especially his base, like. He may want to make a Grand Bargain with Republicans, but he can’t do that now, not with an election looming.
Obama has few progressive achievements to offer his base, but he knows he’s a skilled wordsmith of populist rhetoric. And this is what gives progressives power now that they haven’t had for 3-plus years: Obama needs progressives; he especially needs progressives to vote; he is reaching out to us; he is beginning to talk our talk.
So, now is the time to make demands on him, to push him to make promises and commitments--as MoveOn did recently by demanding that he promise to veto any extension of the Bush tax cuts for the rich and by protests of inaction about mortgage relief at Obama for America sites. This is also what Bill McKibben’s 350.org did on the Keystone Pipeline, putting pressure on the president to reverse a State Department decision to permit the pipeline from Canada and thereby reaching out to the environmental community, which heretofore he had largely ignored, but which he needs in November.
Between now and the election, we need to take the lead from actions like McKibben’s and MoveOn and drive Obama as far to the progressive side of politics as possible, because if we don’t, once he is freed of having to run for re-election again, the Grand Bargain will be back on the table and it will take 20 years, or more, to reverse the damage. Ironically, by pushing Obama to take more populist positions, we will be helping to make him more electable, so there is no conflict between pushing him on issues and re-electing him.
The progressive vehicle for this pressure may now be in sight with plans by The 99% Spring to train 100,000 people in nonviolent direct action April 9 to 15 to push a progressive agenda about foreclosure relief, student debt, protection of Social Security, Medicare and Medicaid, job creation, poverty, pollution, wealth inequality and the roll-back of tax cuts for the rich. Let us hope this potentially game-changing force puts its allegiance squarely behind real change, not protecting the president, or any other politician.

Guy Saperstein is a former civil rights attorney and past-president of the Sierra Club Foundation. He is a board member of Brave New Films.

AlterNet.org

NEWS & POLITICS  

Washington Monthly / By Paul Glastris and Ryan Cooper and Siyu Hu

Top 50 Things Accomplished by President Barack Obama

A look back at Obama's first term.

April 4, 2012  |  

 

 

 

1. Passed Health Care Reform: After five presidents over a century failed to create universal health insurance, signed the Affordable Care Act (2010). It will cover 32 million uninsured Americans beginning in 2014 and mandates a suite of experimental measures to cut health care cost growth, the number one cause of America’s long-term fiscal problems.
2. Passed the Stimulus: Signed $787 billion American Recovery and Reinvestment Act in 2009 to spur economic growth amid greatest recession since the Great Depression. Weeks after stimulus went into effect, unemployment claims began to subside. Twelve months later, the private sector began producing more jobs than it was losing, and it has continued to do so for twenty-three straight months, creating a total of nearly 3.7 million new private-sector jobs.
3. Passed Wall Street Reform: Signed the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) to re-regulate the financial sector after its practices caused the Great Recession. The new law tightens capital requirements on large banks and other financial institutions, requires derivatives to be sold on clearinghouses and exchanges, mandates that large banks provide “living wills” to avoid chaotic bankruptcies, limits their ability to trade with customers’ money for their own profit, and creates the Consumer Financial Protection Bureau (now headed by Richard Cordray) to crack down on abusive lending products and companies.
4. Ended the War in Iraq: Ordered all U.S. military forces out of the country. Last troops left on December 18, 2011.
5. Began Drawdown of War in Afghanistan: From a peak of 101,000 troops in June 2011, U.S. forces are now down to 91,000, with 23,000 slated to leave by the end of summer 2012. According to Secretary of Defense Leon Panetta, the combat mission there will be over by next year.
6. Eliminated Osama bin laden: In 2011, ordered special forces raid of secret compound in Abbottabad, Pakistan, in which the terrorist leader was killed and a trove of al-Qaeda documents was discovered.
7. Turned Around U.S. Auto Industry: In 2009, injected $62 billion in federal money (on top of $13.4 billion in loans from the Bush administration) into ailing GM and Chrysler in return for equity stakes and agreements for massive restructuring. Since bottoming out in 2009, the auto industry has added more than 100,000 jobs. In 2011, the Big Three automakers all gained market share for the first time in two decades. The government expects to lose $16 billion of its investment, less if the price of the GM stock it still owns increases.
8. Recapitalized Banks: In the midst of financial crisis, approved controversial Treasury Department plan to lure private capital into the country’s largest banks via “stress tests” of their balance sheets and a public-private fund to buy their “toxic” assets. Got banks back on their feet at essentially zero cost to the government.
9. Repealed “Don’t Ask, Don’t Tell”: Ended 1990s-era restriction and formalized new policy allowing gays and lesbians to serve openly in the military for the first time.
10. Toppled Moammar Gaddafi: In March 2011, joined a coalition of European and Arab governments in military action, including air power and naval blockade, against Gaddafi regime to defend Libyan civilians and support rebel troops. Gaddafi’s forty-two-year rule ended when the dictator was overthrown and killed by rebels on October 20, 2011. No American lives were lost.
11. Told Mubarak to Go: On February 1, 2011, publicly called on Egyptian President Hosni Mubarak to accept reform or step down, thus weakening the dictator’s position and putting America on the right side of the Arab Spring. Mubarak ended thirty-year rule when overthrown on February 11.
12. Reversed Bush Torture Policies: Two days after taking office, nullified Bush-era rulings that had allowed detainees in U.S. custody to undergo certain “enhanced” interrogation techniques considered inhumane under the Geneva Conventions. Also released the secret Bush legal rulings supporting the use of these techniques.
13. Improved America’s Image Abroad: With new policies, diplomacy, and rhetoric, reversed a sharp decline in world opinion toward the U.S. (and the corresponding loss of “soft power”) during the Bush years. From 2008 to 2011, favorable opinion toward the United States rose in ten of fifteen countries surveyed by the Pew Global Attitudes Project, with an average increase of 26 percent.
14. Kicked Banks Out of Federal Student Loan Program, Expanded Pell Grant Spending: As part of the 2010 health care reform bill, signed measure ending the wasteful decades-old practice of subsidizing banks to provide college loans. Starting July 2010 all students began getting their federal student loans directly from the federal government. Treasury will save $67 billion over ten years, $36 billion of which will go to expanding Pell Grants to lower-income students.
15. Created Race to the Top: With funds from stimulus, started $4.35 billion program of competitive grants to encourage and reward states for education reform.
16. Boosted Fuel Efficiency Standards: Released new fuel efficiency standards in 2011 that will nearly double the fuel economy for cars and trucks by 2025.
17. Coordinated International Response to Financial Crisis: To keep world economy out of recession in 2009 and 2010, helped secure from G-20 nations more than $500 billion for the IMF to provide lines of credit and other support to emerging market countries, which kept them liquid and avoided crises with their currencies.
18. Passed Mini Stimuli: To help families hurt by the recession and spur the economy as stimulus spending declined, signed series of measures (July 22, 2010; December 17, 2010; December 23, 2011) to extend unemployment insurance and cut payroll taxes.
19. Began Asia “Pivot”: In 2011, reoriented American military and diplomatic priorities and focus from the Middle East and Europe to the Asian-Pacific region. Executed multipronged strategy of positively engaging China while reasserting U.S. leadership in the region by increasing American military presence and crafting new commercial, diplomatic, and military alliances with neighboring countries made uncomfortable by recent Chinese behavior.
20. Increased Support for Veterans: With so many soldiers coming home from Iraq and Iran with serious physical and mental health problems, yet facing long waits for services, increased 2010 Department of Veterans Affairs budget by 16 percent and 2011 budget by 10 percent. Also signed new GI bill offering $78 billion in tuition assistance over a decade, and provided multiple tax credits to encourage businesses to hire veterans.
21. Tightened Sanctions on Iran: In effort to deter Iran’s nuclear program, signed Comprehensive Iran Sanctions, Accountability, and Divestment Act (2010) to punish firms and individuals who aid Iran’s petroleum sector. In late 2011 and early 2012, coordinated with other major Western powers to impose sanctions aimed at Iran’s banks and with Japan, South Korea, and China to shift their oil purchases away from Iran.
22. Created Conditions to Begin Closing Dirtiest Power Plants: New EPA restrictions on mercury and toxic pollution, issued in December 2011, likely to lead to the closing of between sixty-eight and 231 of the nation’s oldest and dirtiest coal-fired power plants. Estimated cost to utilities: at least $11 billion by 2016. Estimated health benefits: $59 billion to $140 billion. Will also significantly reduce carbon emissions and, with other regulations, comprises what’s been called Obama’s “stealth climate policy.”
23. Passed Credit Card Reforms: Signed the Credit Card Accountability, Responsibility, and Disclosure Act (2009), which prohibits credit card companies from raising rates without advance notification, mandates a grace period on interest rate increases, and strictly limits overdraft and other fees.
24. Eliminated Catch-22 in Pay Equality Laws: Signed Lilly Ledbetter Fair Pay Act in 2009, giving women who are paid less than men for the same work the right to sue their employers after they find out about the discrimination, even if that discrimination happened years ago. Under previous law, as interpreted by the Supreme Court in Ledbetter v. Goodyear Tire & Rubber Co., the statute of limitations on such suits ran out 180 days after the alleged discrimination occurred, even if the victims never knew about it.
25. Protected Two Liberal Seats on the U.S. Supreme Court: Nominated and obtained confirmation for Sonia Sotomayor, the first Hispanic and third woman to serve, in 2009; and Elena Kagan, the fourth woman to serve, in 2010. They replaced David Souter and John Paul Stevens, respectively.
26. Improved Food Safety System: In 2011, signed FDA Food Safety Modernization Act, which boosts the Food and Drug Administration’s budget by $1.4 billion and expands its regulatory responsibilities to include increasing number of food inspections, issuing direct food recalls, and reviewing the current food safety practices of countries importing products into America.
27. Achieved New START Treaty: Signed with Russia (2010) and won ratification in Congress (2011) of treaty that limits each country to 1,550 strategic warheads (down from 2,200) and 700 launchers (down from more than 1,400), and reestablished and strengthened a monitoring and transparency program that had lapsed in 2009, through which each country can monitor the other.
28. Expanded National Service: Signed Serve America Act in 2009, which authorized a tripling of the size of AmeriCorps. Program grew 13 percent to 85,000 members across the country by 2012, when new House GOP majority refused to appropriate more funds for further expansion.
29. Expanded Wilderness and Watershed Protection: Signed Omnibus Public Lands Management Act (2009), which designated more than 2 million acres as wilderness, created thousands of miles of recreational and historic trails, and protected more than 1,000 miles of rivers.
30. Gave the FDA Power to Regulate Tobacco: Signed the Family Smoking Prevention and Tobacco Control Act (2009). Nine years in the making and long resisted by the tobacco industry, the law mandates that tobacco manufacturers disclose all ingredients, obtain FDA approval for new tobacco products, and expand the size and prominence of cigarette warning labels, and bans the sale of misleadingly labeled “light” cigarette brands and tobacco sponsorship of entertainment events.
31. Pushed Federal Agencies to Be Green Leaders: Issued executive order in 2009 requiring all federal agencies to make plans to soften their environmental impacts by 2020. Goals include 30 percent reduction in fleet gasoline use, 26 percent boost in water efficiency, and sustainability requirements for 95 percent of all federal contracts. Because federal government is the country’s single biggest purchaser of goods and services, likely to have ripple effects throughout the economy for years to come.
32. Passed Fair Sentencing Act: Signed 2010 legislation that reduces sentencing disparity between crack versus powder cocaine possessionfrom100 to1 to 18 to1.
33. Trimmed and Reoriented Missile Defense: Cut the Reagan-era “Star Wars” missile defense budget, saving $1.4 billion in 2010, and canceled plans to station antiballistic missile systems in Poland and the Czech Republic in favor of sea-based defense plan focused on Iran and North Korea.
34. Began Post-Post-9/11 Military Builddown: After winning agreement from congressional Republicans and Democrats in summer 2011 budget deal to reduce projected defense spending by $450 billion, proposed new DoD budget this year with cuts of that size and a new national defense strategy that would shrink ground forces from 570,000 to 490,000 over the next ten years while increasing programs in intelligence gathering and cyberwarfare.
35. Let Space Shuttle Die and Killed Planned Moon Mission: Allowed the expensive ($1 billion per launch), badly designed, dangerous shuttle program to make its final launch on July 8, 2011. Cut off funding for even more bloated and problem-plagued Bush-era Constellation program to build moon base in favor of support for private-sector low-earth orbit ventures, research on new rocket technologies for long-distance manned flight missions, and unmanned space exploration, including the largest interplanetary rover ever launched, which will investigate Mars’s potential to support life.
36. Invested Heavily in Renewable Technology: As part of the 2009 stimulus, invested $90 billion, more than any previous administration, in research on smart grids, energy efficiency, electric cars, renewable electricity generation, cleaner coal, and biofuels.
37. Crafting Next-Generation School Tests: Devoted $330 million in stimulus money to pay two consortia of states and universities to create competing versions of new K-12 student performance tests based on latest psychometric research. New tests could transform the learning environment in vast majority of public school classrooms beginning in 2014.
38. Cracked Down on Bad For-Profit Colleges: In effort to fight predatory practices of some for-profit colleges, Department of Education issued “gainful employment” regulations in 2011 cutting off commercially focused schools from federal student aid funding if more than 35 percent of former students aren’t paying off their loans and/or if the average former student spends more than 12 percent of his or her total earnings servicing student loans.
39. Improved School Nutrition: In coordination with Michelle Obama, signed Healthy Hunger-Free Kids Act in 2010 mandating $4.5 billion spending boost and higher nutritional and health standards for school lunches. New rules based on the law, released in January, double the amount of fruits and vegetables and require only whole grains in food served to students.
40. Expanded Hate Crimes Protections: Signed Hate Crimes Prevention Act (2009), which expands existing hate crime protections to include crimes based on a victim’s sexual orientation, gender, or disability, in addition to race, color, religion, or national origin.
41. Avoided Scandal: As of November 2011, served longer than any president in decades without a scandal, as measured by the appearance of the word “scandal” (or lack thereof) on the front page of the Washington Post.
42. Brokered Agreement for Speedy Compensation to Victims of Gulf Oil Spill: Though lacking statutory power to compel British Petroleum to act, used moral authority of his office to convince oil company to agree in 2010 to a $20 billion fund to compensate victims of the Deepwater Horizon oil spill in the Gulf of Mexico; $6.5 billion already paid out without lawsuits. By comparison, it took nearly two decades for plaintiffs in the Exxon Valdez Alaska oil spill case to receive $1.3 billion.
43. Created Recovery.gov: Web site run by independent board of inspectors general looking for fraud and abuse in stimulus spending, provides public with detailed information on every contract funded by $787 billion American Recovery and Reinvestment Act. Thanks partly to this transparency, board has uncovered very little fraud, and Web site has become national model: “The stimulus has done more to promote transparency at almost all levels of government than any piece of legislation in recent memory,” reports Governing magazine.
44. Pushed Broadband Coverage: Proposed and obtained in 2011 Federal Communications Commission approval for a shift of $8 billion in subsidies away from landlines and toward broadband Internet for lower-income rural families.
45. Expanded Health Coverage for Children: Signed 2009 Children’s Health Insurance Authorization Act, which allows the Children’s Health Insurance Program (CHIP) to cover health care for 4 million more children, paid for by a tax increase on tobacco products.
46. Recognized the Dangers of Carbon Dioxide: In 2009, EPA declared carbon dioxide a pollutant, allowing the agency to regulate its production.
47. Expanded Stem Cell Research: In 2009, eliminated the Bush-era restrictions on embryonic stem cell research, which shows promise in treating spinal injuries, among many other areas.
48. Provided Payment to Wronged Minority Farmers: In 2009, signed Claims Resolution Act, which provided $4.6 billion in funding for a legal settlement with black and Native American farmers who the government cheated out of loans and natural resource royalties in years past.
49. Helped South Sudan Declare Independence: Helped South Sudan Declare Independence: Appointed two envoys to Sudan and personally attended a special UN meeting on the area. Through U.S. ambassador to the United Nations Ambassador Susan Rice, helped negotiate a peaceful split in 2011.
50. Killed the F-22: In 2009, ended further purchases of Lockheed Martin single-seat, twin-engine, fighter aircraft, which cost $358 million apiece. Though the military had 187 built, the plane has never flown a single combat mission. Eliminating it saved $4 billion.

Paul Glastris, Ryan Cooper, and Siyu Hu collaborated on this article. Glastris is the editor in chief of the Washington Monthly. Cooper and Hu are interns at the magazine.