Friday, July 23, 2010

Big surprise -- no prosecutions in U.S. attorney firings

News out of Washington that the U.S. Justice Department has decided not to prosecute former Bush administration officials for improperly firing nine U.S. attorneys in 2006 is disheartening to Americans who believe the country needs to understand what went so terribly wrong when George W. Bush was president, but it is no shocker. The timidity with which the Obama administration has approached the question has not inspired any confidence in the new president's leadership -- in fact, the contrary is true. The breathtaking damage done to the basic law of the United States by the last administration and the acquiescence by the very officials who had taken solemn oaths to defend the Constitution demands action, not further timidity. The people of the United States have the right to have confidence in their government, not the persistent sense that their leaders are willing to sacrifice the country's founding principles to preserve their own lives of privilege. At the very least, the people should demand to know why civil liberties were curtailed, why the country's treasure was compromised by wars without end, why the White House was allowed to amass virtually unlimited power and why almost no one in office is talking about how to start putting things back to the way they should be. The legal system is a very good place to start this re-examination, especially if the White House is not willing or able to lead a process that will surely lead to limitations on presidential authority. President Obama should reject the decision by Attorney General Eric Holder not to prosecute former Bush administration officials in the U.S. attorneys case, as Cable News Network (CNN) reported, and rethink his earlier reluctance to pursue other officials. Obama seems destined to be a one-term president no matter what he does at this point; at least he can leave a legacy we will always remember and be proud of.

Wednesday, July 21, 2010

City of Oakland OKs large medical marijuana farms

News that the San Francisco Bay Area city of Oakland had approved large-scale medical marijuana farming for medical use was met by silence by opponents of such cultivation and by U.S. authorities who have eased up on enforcement of a federal ban since the 2008 presidential election. The city council of Oakland, a city of 350,000 across the bay from San Francisco, passed a provision Tuesday legalizing "industrial" marijuana cultivation and agreed to issue as many as four permits for large operations next year, according to the Reuters international news service. Medical marijuana has been legal in California under a state law approved by voters in 1996, but it is still illegal under federal law and cultivation has only been allowed by individuals in small garden operations. But Oakland officials said the city would profit by allowing and taxing large-scale cultivation. "This is going to grow as an industry," City Councilwoman Jean Quan said during the debate. "And someone is going to have a high-tech producer." The city plans to impose an array of new taxes on growers and sellers next year, Reuters said. The council approval has no relation to a ballot initiative on the November ballot that would, if passed, make California the first state to legalize marijuana use. But law enforcement officials complain that underground marijuana cultivation in California have been dominated by criminals.

Monday, July 19, 2010

Troubled border with Mexico gets White House attention

News that hundreds of U.S. National Guard soldiers and border protection agents have been sent to the Mexico border to prevent illegal immigrants and illicit cargo from crossing into the United States is both welcome and unwelcome at the same time. While a stronger U.S. response to rising reports of drug-related violence in border regions is long overdue, excessive reliance on the military to resolve the nation's problems is extraordinarily ill-advised. Nobody can seriously oppose using soldiers to stop violence from heavily armed drug gangs that is spilling over into U.S. border cities, as the Reuters international news service is reporting, but using soldiers to do what diplomats should have been doing in talks with the Mexican government should be prevented. The United States has plenty of leverage with Mexico City to pressure that government to better its border enforcement and to direct more of its oil wealth to better the lives of its citizens so they won't be forced by economics to flee. That people are forced to leave their country and live second-class lives in another place to provide food for their families should be an issue of paramount importance to countries around the world. But excessive reliance on the military has taken an unacceptable toll on the United States both economically and philosophically. This country has compromised some of its most basic principles in pursuit of military dominance in other parts of the world. The historic changes in Washington have so far been unable to reverse that trend, and we will all be a lot worse for it.

Friday, July 16, 2010

Former Bush adviser defends decision to abuse detainees

Anyone -- including, unfortunately, U.S. President Barack Obama -- who thinks the long nightmare that was the George W. Bush administration is behind us should consider what the former official who approved brutal interrogations of terror suspects said the other day. According to transcripts released Thursday, Judge Jay Bybee, who headed the Office of Legal Counsel from 2001 to 2003 and recommended the use of "enhanced" interrogation techniques, told Congressional investigators that he stood by his advice. “We took a muscular view of presidential authority,” Bybee said, according to the New York Times. “We were offering a bottom line to a client who wanted to know what he could do and what he couldn’t do. I wasn’t running a debating society, and I wasn’t running a law school.” Bybee's deputy, John Woo, now a law professor at the University of California in Berkeley, wrote the infamous memos approving the use of waterboarding and other invasive techniques and Bybee approved them. Bybee made his comments in closed-door testimony before the House Judiciary Committee, which is still investigating the conduct of the Central Intelligence Agency during the Bush administration. Bybee was appointed to the U.S. 9th Circuit Court of Appeals in San Francisco after he left the White House but before the contents of the torture memos were revealed publicly. Many of the memos were withdrawn by the government after the contents were leaked to the media. Bybee and Yoo were accused of misconduct after a Justice Department investigation, but its conclusions also were withdrawn. Of course, the point is not only that Bybee was in the middle of some of the worst abuses of power in the nation's history -- it's also that he still thinks he was right. Bush and Vice President Dick Cheney also believe they were right to erode respect for the rule of law that has made the United States a great nation, as if ruining the country's great traditions and sacrificing its founding principles could ever be the way to keep it safe.

Thursday, July 15, 2010

International alarm sounds on food inspections in China

Word from China that officials were stepping up food inspections in the wake of last week's seizure of 64 tons of milk powder contaminated by the flame retardant melamine sounds like too little, far too late. This is not the first time contaminated milk has gotten through China's vast and varied food regulatory system; residents have not forgotten the 2008 incident in which contaminated milk killed six kids and sickened hundreds of thousands. The milk seized last week could have resulted in a similar toll or worse -- China still does not have a uniform system of regulating food safety for the entire country. "China attaches great importance to food safety, particularly dairy quality and safety," Chen Rui, a top Ministry of Health official told reporters on Tuesday, according to Cable News Network (CNN). "The ministry will continue to organize the national dairy safety standards to track evaluations, listen to the food production companies and consumer opinion, and constantly revise and improve the national dairy safety standards." If only China's trading partners could believe that. China is usually extremely guarded about such matters and the health ministry did not offer much information beyond saying an investigation was under way. But investigations in China usually get results. In 2008, 21 people were convicted of criminal charges and two were executed in the aftermath of that tainted milk scandal.

Sunday, July 11, 2010

Palestinian rhetoric on Israeli settlements is just talk

Anybody can say anything about whatever they want to about anything, and it is with that understanding that Sunday's statement by former Palestinian Authority Prime Minister Ahmed Qurei about Israeli "settlements" in Jerusalem being a "time bomb" should be viewed. Qurei and Israeli opposition leader Tsipi Livni, the former foreign minister, urged moderates on both sides of the Israeli-Palestinian conflict to work harder to settle their differences. "The Jerusalem situation, I think, is a time bomb if it continues in this way," Qurei said a meeting of academics in Jerusalem, according to the Reuters international news service. "It has an impact on the Palestinian people . . . and on trust on both sides." Qurei was discussing Israel's continuing construction of housing for its citizens in formerly Jordanian-controlled East Jerusalem, often after demolishing Palestinian-owned housing. "It is 19 years since Oslo and things remain as is," Qurei said, referring to the historic agreement that recognized Palestinian sovereignty over the West Bank of the Jordan River, which Israel captured, along with East Jerusalem, in the 1967 Mideast war, and led to the return from exile of Yasir Arafat. Arafat, the Palestinian leader, and then-Israeli Prime Minister Yitzhak Rabin were awarded the Nobel Peace Prize for reaching the Oslo Accords. But the lasting peace that seemed within reach in 1993 no longer appears at hand, not after the years of violence and mistrust that supplanted what turned out to be naive optimism -- on both sides. If the Israelis assumed that their Arab enemies, with whom they had already fought three all-out wars, were now willing to accept their Jewish neighbors as equals, and if Palestinian leaders assumed they were on the fast-track to statehood without having to undo the hatred they had been planting in the hearts of their people and convince them to work for peace, they both were tragically mistaken. The repeated failure of all parties to accept these realities are responsible for the current situation.

Thursday, July 8, 2010

Appeals court does what oil industry wants in Louisiana

If you know what you're doing in the legal world and you have plenty of resources, you can pretty much always find a judge, or judges, willing to do whatever you want. So it was no surprise Thursday when a federal appeals court in New Orleans enjoined the Obama administration from implementing a six-month moratorium on deep-water oil drilling in the Gulf of Mexico. The three-judge panel upheld a judge's ruling last month that struck down the moratorium as too broad and unfair to the fishing industry, and agreed that it should not even be enforced during the months it will take for the U.S. Supreme Court to hear the case, according to the New York Times. Lawyers for the U.S. Department of the Interior had argued that the catastrophic BP oil rig explosion and massive leak made the moratorium necessary; industry representatives contended the suspension of drilling was crippling economically and should not be enforceable while their lawsuit challenging it was pending. Of course, ordinary people may find it impossible to imagine a situation where immediate and drastic government intervention is more appropriate -- a highly technical operation on a mass scale gone awry, causing incalculable and continuing environmental damage. Ordinary people might think that such a situation is precisely why the government is necessary. But the oil industry is not ordinary people; apparently, neither is Louisiana Gov. Bobby Jindal, who opposed the stay on economic reasons even though the leak has rendered the Louisiana coast virtually unusable and, apparently, destroyed the Gulf fishing industry. Then again, the appeals court ruled that the Interior Department had not proven that it would suffer irreparable injury if drilling operations were not halted like the administration was demanding. It's hard to argue against that proposition, even though the sea bottom drilling operation that blew up and killed a dozen workers has so far resisted all efforts at repair. After all, there are 3,000 drilling platforms in the Gulf, and only one of them has ever exploded and caused a catastrophic oil spill.