Furlough Journal: We don’t negotiate with terrorists

There has been a small amount of entertainment value so far from the “partial government shutdown,” and I don’t just mean the fun I’ve had during the time away from the office.  On top of watching my bosses devise legitimate projects we can all work on outside of our government-provided offices and away from our government-provided equipment so no one will miss a check or a part of one, and taking care of my own projects both at home and on the driving range, I’ve had time to consider the silliness that our members of Congress have been reduced to while simultaneously trying to end the “crisis” they created and make sure they won’t be blamed for it once it’s over.

Today, after a failed series of attempts to pass laws to fund small slivers of government operations which proponents argued “everyone was for,” the House passed a bill to guarantee that furloughed workers will get full back pay for the furlough period, whenever it finally ends.  The Senate and the president have also expressed sympathy for the poor, innocent government workers who could be facing serious financial trouble if they start missing paychecks as a result of a standoff that they had no part in starting (or ending, apparently).  But this approach raises an interesting point.

…even as Congress and the White House rallied around the bill, one outside group said it “demonstrates the stupidity of the shutdown.”

Making the shutdown less painful for 800,000 federal employees will encourage Congress and the White House to extend it even longer, driving up the cost, said Steve Ellis of Taxpayers for Common Sense.

Ellis said “essential” federal workers who stayed on the job “will feel like suckers because they’ve been working while the others essentially are getting paid vacations.”

Whatever the negative effects of this partial government shutdown are, all of the victims are innocent ones.  Those responsible for the shutdown weren’t aiming at World War II veterans and their memorial in Washington any more than they meant to harm children or poor people or the space program or home loans or anything else.  Regrettably, they don’t care about any of that, because they are hysterically blind to everything but their true goal: the only target of the intransigence on the part of the extremist Republicans in the House is President Obama.  They want to prevent him from implementing his plans, and they don’t care that he’s already won on the health care reform issue three times: in Congress when it was approved, by the people when he was re-elected, and at the Supreme Court when the law was ruled to be constitutional.

One important difference about this Washington pissing contest as compared to those of the past few years (remember “the fiscal cliff”?) is that Democrats are not taking the bait: so far they haven’t given in to any urge to negotiate with the terrorists, and they should be commended for that.  As Dave Weigel reports in Slate, the Democrats have learned a few things lately about how to hold the line.

“Dealing with terrorists has taught us some things,” said Washington Rep. Jim McDermott after voting no on one of Thursday’s GOP bills. “You can’t deal with ’em. This mess was created by the Republicans for one purpose, and they lost. People in my district are calling in for Obamacare—affordable health care—in large numbers. These guys have lost, and they can’t figure out how to admit it.” Why would House Democrats give away what the Supreme Court and the 2012 electorate didn’t? “You can’t say, OK, you get half of Obamacare—this isn’t a Solomonic decision,” McDermott said. “So we sit here until they figure out they fuckin’ lost.”

UPDATE OCT. 6: But Pat, some may say, surely this whole partial government shutdown thingy isn’t as simple as just the conservatives still fighting with the president, there must be more to it than that.  No, there isn’t: they’ve been planning a government shutdown aimed at Obamacare for months and months, and this morning The New York Times laid it all out, including quotes from the proud perpetrators:

To many Americans, the shutdown came out of nowhere. But interviews with a wide array of conservatives show that the confrontation that precipitated the crisis was the outgrowth of a long-running effort to undo the law, the Affordable Care Act, since its passage in 2010 — waged by a galaxy of conservative groups with more money, organized tactics and interconnections than is commonly known.

(snip)

The current budget brinkmanship is just the latest development in a well-financed, broad-based assault on the health law, Mr. Obama’s signature legislative initiative. Groups like Tea Party Patriots, Americans for Prosperity and FreedomWorks are all immersed in the fight, as is Club for Growth, a business-backed nonprofit organization. Some, like Generation Opportunity and Young Americans for Liberty, both aimed at young adults, are upstarts. Heritage Action is new, too, founded in 2010 to advance the policy prescriptions of its sister group, the Heritage Foundation.

(snip)

On Capitol Hill, the advocates found willing partners in Tea Party conservatives, who have repeatedly threatened to shut down the government if they do not get their way on spending issues. This time they said they were so alarmed by the health law that they were willing to risk a shutdown over it.

(snip)

In the three years since Mr. Obama signed the health measure, Tea Party-inspired groups have mobilized, aided by a financing network that continues to grow, both in its complexity and the sheer amount of money that flows through it.

A review of tax records, campaign finance reports and corporate filings shows that hundreds of millions of dollars have been raised and spent since 2012 by organizations, many of them loosely connected, leading opposition to the measure.

The story is full of details about the groups and people behind the effort, and the enormous sums of money they’re spending to stick it to the president.  Check it out for yourself.

SCOTUS dumps DOMA: fair, simple, American

Brown v. Board of Education; United States v. Windsor: do they belong together?  Yes they do: today’s U.S. Supreme Court ruling in the Windsor case is just that historic.  In a very specific and non-technical way Justice Anthony Kennedy’s opinion makes clear what the 5-4 court ruling says the Constitution requires: the “[Defense of Marriage Act] is unconstitutional as a deprivation of the equal liberty of persons that is protected by the Fifth Amendment.”  You can read the professional reports on the decisions announced today here and here, and elsewhere, but here’s my take:

All people deserve equal treatment under the law.  If the federal government grants certain legal privileges to dual-sex couples who are legally married under the laws of their state, the same privileges must be available to single-sex couples who are legally married under the laws of their state.  Equal treatment; fairness.  The court did not rule on the constitutionality of gay marriage today; it ruled on an issue of equality before the law.  In refusing to rule on the Hollingsworth case regarding California’s Proposition 8, which outlawed gay marriage in the state, it sidestepped ruling one way or another on the constitutionality of gay marriage…perhaps another day.  But that decision does have the effect of re-legalizing gay marriage in California, making it state #13.

In practical terms the Windsor ruling means same-sex couples should be treated the same way as opposite-sex couples when it comes to federal tax law and Social Security and insurance and immigration, all that federal stuff.  In fact there are more than a thousand benefits coming into play here, and McClatchy does a good job summarizing that here.  And for fun, TV Guide summarizes the celebrity reaction to the rulings here.

This is not about what one religion or another teaches about homosexuality; this is about how the civil law treats American citizens regardless of their religious belief, or their gender or their race or national origin.  A religion is free to believe and teach what it wants about the morality of homosexual behavior or same-sex marriage, and its teachings and laws are important to the members in good standing of that particular faith.  But those teachings are not binding on Americans who are not members of that denomination.  The civil law, which orders how we all deal with one another in the secular society outside the confines of our many private clubs, is blind to such moral questions.  States have the right to decide who can “marry” and who can’t, and the federal government has to treat all “married” couples in the same way, regardless of the gender of the spouses.  Simple, really.  Fair.  American.  Congratulations, U.S.A., on another successful day at the office.

Where do we go from here

It’s been an amazing couple of days.  Thanks to leaks of government documents and the hard work of some reporters, we’ve learned that the government has been collecting data on our telephone calls—three billion phone calls a day—and essentially watching from inside our computers while we work on the Internet.  Government officials say this is for our own protection, that it’s a good way for them to gather information that can prevent terrorist attacks.  The programs began while George W. Bush was president, and have continued under Barack Obama.

I’ve tried to get my head wrapped around the rapid-fire revelations of the government’s massive system of spying on its citizens; not a rogue operation, but a system pursued by the administration and authorized by Congress and the special Foreign Surveillance Intelligence Courts.  I see that the stories are falling off of the front pages, but we need to fight becoming complacent about this Patriot-(Act)-ic intrusion into our privacy.

On Wednesday news broke of a secret order to Verizon forcing it to turn over metadata of all of its customers calls…we think this includes business, residential and cellular, and we think there are probably similar orders for other telephone providers, but the orders themselves are so secret that the companies can’t acknowledge if it exists.  On Thursday we learned that the government has been tapping directly into the central servers of the major Internet companies to access emails, pictures and videos, etc.  Late Thursday night government officials confirmed the program but insisted it is targeted only at people outside of the United States.  They even claimed that the programs have succeeded in stopping terrorist attacks, although that claim seems dubious.

By Friday the president himself tried to assure American citizens that these programs were for their own good and that we have nothing to fear.  He said, “It’s important to recognize that you can’t have 100 percent security and also then have 100 percent privacy and zero inconvenience. We’re going to have to make some choices as a society. And what I can say is that in evaluating these programs, they make a difference in our capacity to anticipate and prevent possible terrorist activity.”

Really? Well, that’s a load off of my mind; thanks for clearing that up for me, B.

I wrote earlier this week, “We cannot be such a craven and cowardly people that we’re willing to let our government spy on us constantly and record our activities and our associations in the name of protecting us from terrorist threats.  If that’s true, then not only have the terrorists already won but the American example of an open and free society is lost.  What the hell would the Founding Fathers think of us if they knew we were willing to abandon our liberty to a government that assured us it is only looking over our shoulders and listening to our phone calls for our own good?”

Only the ignorant or the naïve have ever expected total security in this world, or absolute liberty and privacy.  That’s not the world we live in.  There are crazy religious extremists who are killing innocent people out of a deluded belief that they are doing God’s will, and nothing more than common sense is needed to know that we have to take reasonable measures to protect ourselves from them.  (There are crazy religious extremists who trying to turn our country into a theocracy of their own denomination out of a deluded belief that that is God’s will, and we need to step up and stop that attack, too.)  I have no doubt that these programs have some positive effect when it comes to gathering valuable information against potential terrorists; what I object to is that these effective programs are targeted at all Americans. Jack Shafer put it well: it’s not that I object to the government pursuing terrorists and suspected terrorists…

What’s breathtaking about these two government surveillance programs that the Guardian and the Washington Post have revealed is that they’re vast collections of data about hundreds of millions of people suspected of no wrongdoing and not part of any civil action.

And, “Ultimately, it will be about the government’s pursuit of all the digital breadcrumbs we produce as necessary by-products of day-to-day life—and phone records and Web data are just a small part.

Bank records, credit history, travel records, credit card records, EZPass data, GPS phone data, license-plate reader databases, Social Security and Internal Revenue Service records, facial-recognition databases at the Department of Motor Vehicles and elsewhere, even 7-Eleven surveillance videos comprise information lodes that are of equal or greater value to the national security establishment than phone and Web files. It doesn’t sound paranoid to conclude that the government has reused, or will reuse, the interpretation of the Patriot Act that it presented to the secret FISA court in its phone record and Prism data requests to grab these other data troves.

Warning: slippery slope ahead…

UPDATE: A short time after I posted I ran across this: the NSA suggested to the Bush White House that the government needed to reconsider how it could effectively spy on people in the Digital Age, although it promised to (of course) obey the law and respect the Fourth Amendment to the Constitution. Well, yeah…

There are also a couple of pertinent new tweets worth a look over there on the rail, too.

Maybe the guy in the tin foil hat was right

We should all be in line to take a whack at the idiots responsible for these completely avoidable exercises in governmental overreach and hubris.  All together now: what the hell were they thinking?  I can’t decide which is more disturbing: the government using its power to harass and tacitly threaten law-abiding citizens based on a perception of their political views, or the government using its power to harass and tacitly threaten journalists in the pursuit of their constitutionally-recognized role as government watchdog.  Both are abuses of government power that fly in the face of what this country is meant to stand for.

Today the attorney general ordered the FBI to investigate the Internal Revenue Service for apparently singling out for enhanced scrutiny the applications for tax-exempt status from what were perceived to be conservative political groups.  Yep, it looks like the party in power has been using the authority of the taxman to reward those with whom it agrees and punish those with whom it does not.  Is there any more textbook definition of abuse of power than that?

I’m not saying that the IRS shouldn’t be thorough in reviewing applications for tax-exempt status; the IRS should be exceedingly thorough in investigating such requests.  Wouldn’t we all be willing to believe there are those among us who would do whatever they could to reduce their tax bills, even lie about the true purpose of their organization?  There are entire political movements built on the effort to reduce taxes, but that doesn’t mean they deserve extra scrutiny.  Whatever’s determined to be the proper amount of review for gaining tax-exempt status should the bar for everyone to pass, and it’s just flat wrong for an arm of the government to single out persons or groups for extra scrutiny based on their actual or perceived political views, including their views about taxes!  (Is this a great country or what?)  The whole idea has conjured up in my imagination that happy visage of Richard Nixon and enemies lists.

It’s just as wrong, and just as dangerous to our liberty, for the Justice Department to seize phone records of journalists.  The DOJ notified The Associated Press last week that at some point earlier this year, and clearly without prior notice, it had seized records for 20 phone lines belonging to AP offices and journalists, including home phones and cell phones.  It did not state a reason why these records were seized; it’s believed to be in relation to an investigation into leaks about how the CIA disrupted a terrorist plot to bomb an airliner.

Our system envisions a strong press as a watchdog on government at all levels, acting as a representative of the people seeking out information that the government wants kept quiet…the stuff that the politicians and the bureaucrats don’t want you to know, that they’ve kept from you out of embarrassment or guilt.  There have been people in the government from the beginning who understood the importance of that role to the overall functioning of society, and who’ve provided sensitive information to reporters despite being told not to do so.  Today we call those people whistleblowers.  When that whistle gets blown the government’s first response is often to decide who will take the blame, and they devote a terrific amount of energy to learning who told the truth.  In some cases they ask a court to order the journalists who ran the story to tell where they got their information; in others, like this one, they just take private information without the knowledge of its owner in the hopes that they’ll be able to deduce who ratted them out.

We used to talk about the “chilling effect” that a variety of government actions would have on the newsgathering process, on the minds of the reporters who might think twice—or more than that—about pursuing a story when faced with the possibility, or the likelihood, that the government was going to fight back.  And this is that.

It’s inconceivable to me that all the people involved in these two growing scandals are merely misunderstood or made poor decisions about how to achieve a legitimate objective, but I don’t think the blame goes all the way to the top.  This president is neither that paranoid nor that stupid…although you’d think that a professor of constitutional law might have impressed on his subordinates some of his relevant thoughts about the proper use of governmental power.  If this news had come out while the last man was president, I would have accepted it as prima facie evidence of the evilness of his administration and its soulless pursuit of instituting theocratic capitalism as our new form of government.  I would have been wrong, but I admit I would have thought it.

When the government spies on reporters and appears to punish political enemies, it gives the tin foil hat crowd encouragement: “The government is spying on you—it’s keeping track of who you call and who calls you, it’s watching what you do and where you go and who you meet, it’s keeping information on your income and your taxes and your friends and who you associate with, and it’s using that information against you.”  Today that sounds a little less ridiculous that it did last week.

Unassigned additional reading:

Closing the barn door…after the horse has gotten out, moved to the big city, studied interior design but got his degree in business, used sweat equity to earn a small stake in an Internet startup, took his profit from the IPO and bought into an established breeding operation in central Kentucky where he could work when he pleased training promising new foals but mostly just took it easy and reflected on how lucky he was to escape the drudgery of the farm, and died a beloved figure at the ripe old age of 32

The Associated Press issues a correction about Manti Te’o’s girlfriend in all stories