leftchick
06-05-2009, 06:48 AM
Glenn Greenwald
Friday June 5, 2009 07:06 EDT
http://www.salon.com/opinion/greenwald/
Earlier this week, I noted that the Senate had passed -- with Obama's support -- a pernicious amendment to the spending supplemental bill, jointly sponsored by Sens. Lindsey Graham and Joe Lieberman, that empowers Obama and the Pentagon, at their sole discretion, to suppress any "photograph taken between September 11, 2001 and January 22, 2009 relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States." The amendment has no purpose other than to expressly allow the President to conceal evidence of war crimes (torture) and to block the Supreme Court from ruling (as two federal courts have already held) that the Freedom of Information Act compels disclosure of those photographs. For more on why this new secrecy law is so dangerous, see my post here; even The Washington Post Editorial Page excoriated the amendment and Obama's support for it.
When I wrote about this several days ago, the Senate had passed the Graham-Lieberman secrecy law as an amendment to the spending supplemental bill (which includes funding for Iraq and Afghanistan) without even bothering to take a formal roll call vote (on a voice vote). Although the House version of the supplemental bill did not contain this amendment, it was widely expected that it would simply be inserted in the House-Senate conference and then easily passed along with the final bill.
But passage of Graham-Lieberman now appears much less certain because of what appears to be the refusal of some key liberal House Democrats -- including Barney Frank -- to support it. The votes of liberal House Democrats actually matter (for once) because most House Republicans are refusing to support the overall supplemental bill due to their objections to a provision for $5 billion in funding to increase the IMF's lending capacity. To pass the supplemental spending bill, House leaders need the votes of numerous House Democrats who are currently refusing to vote for anything that contains the photo suppression amendment. If Congressional Democrats succeed in blocking enactment of this amendment, that would be a critical assertion for the first time of Congressional checks on Obama's desired powers and would, independently, prevent a truly odious new secrecy power from being enacted.
First there is this report, yesterday, from Congress Daily:
Democratic leaders postponed a House-Senate conference meeting they hoped would produce a compromise fiscal 2009 war supplemental spending bill Thursday after it appeared they might not have enough votes to pass the measure in the House. . . .
Democratic leaders are counting on convincing 18 of 51 self-described liberal or progressive Democrats who previously opposed the supplemental to now support it, enough Caucus members to ensure its passage. . . .
But liberal Democrats are threatening to withhold their support for the supplemental if it includes a provision in the Senate-passed bill that would allow Defense Secretary Robert Gates to withhold any "photograph relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States" if he certifies that the release of the photos could endanger citizens or the armed forces.
The provision, which is supported by President Obama, was offered as an amendment by Sen. Joseph Lieberman, I-Conn.
Rep. Barney Frank, D-Mass. -- who initially opposed the package and is now trying to help Democratic leaders raise support for it -- said he recently told Treasury Secretary Timothy Geithner that liberal Democrats would not likely support the package if it includes the Lieberman amendment.
"I made it clear to the administration that I believe that we can get liberals like myself who are against the war [to] vote for it because the IMF is so important, but not if the [Freedom of Information Act] exception is in it," Frank said.
Rep. Louise Slaughter, D-N.Y., previously supported the supplemental but said she would not vote for the bill if it includes the amendment.
"There is no reason in the world for us to vote to suspend" FOIA, Slaughter said.
While House Defense Appropriations Subcommittee Chairman John Murtha, D-Pa., conceded "we got big problems" with trying to pass the supplemental, he asserted that it would clear Congress by July 1. The military has said it needs the funding by July to avoid a disruption in other accounts, which would have to be raided to pay for the wars in Iraq and Afghanistan.
Friday June 5, 2009 07:06 EDT
http://www.salon.com/opinion/greenwald/
Earlier this week, I noted that the Senate had passed -- with Obama's support -- a pernicious amendment to the spending supplemental bill, jointly sponsored by Sens. Lindsey Graham and Joe Lieberman, that empowers Obama and the Pentagon, at their sole discretion, to suppress any "photograph taken between September 11, 2001 and January 22, 2009 relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States in operations outside of the United States." The amendment has no purpose other than to expressly allow the President to conceal evidence of war crimes (torture) and to block the Supreme Court from ruling (as two federal courts have already held) that the Freedom of Information Act compels disclosure of those photographs. For more on why this new secrecy law is so dangerous, see my post here; even The Washington Post Editorial Page excoriated the amendment and Obama's support for it.
When I wrote about this several days ago, the Senate had passed the Graham-Lieberman secrecy law as an amendment to the spending supplemental bill (which includes funding for Iraq and Afghanistan) without even bothering to take a formal roll call vote (on a voice vote). Although the House version of the supplemental bill did not contain this amendment, it was widely expected that it would simply be inserted in the House-Senate conference and then easily passed along with the final bill.
But passage of Graham-Lieberman now appears much less certain because of what appears to be the refusal of some key liberal House Democrats -- including Barney Frank -- to support it. The votes of liberal House Democrats actually matter (for once) because most House Republicans are refusing to support the overall supplemental bill due to their objections to a provision for $5 billion in funding to increase the IMF's lending capacity. To pass the supplemental spending bill, House leaders need the votes of numerous House Democrats who are currently refusing to vote for anything that contains the photo suppression amendment. If Congressional Democrats succeed in blocking enactment of this amendment, that would be a critical assertion for the first time of Congressional checks on Obama's desired powers and would, independently, prevent a truly odious new secrecy power from being enacted.
First there is this report, yesterday, from Congress Daily:
Democratic leaders postponed a House-Senate conference meeting they hoped would produce a compromise fiscal 2009 war supplemental spending bill Thursday after it appeared they might not have enough votes to pass the measure in the House. . . .
Democratic leaders are counting on convincing 18 of 51 self-described liberal or progressive Democrats who previously opposed the supplemental to now support it, enough Caucus members to ensure its passage. . . .
But liberal Democrats are threatening to withhold their support for the supplemental if it includes a provision in the Senate-passed bill that would allow Defense Secretary Robert Gates to withhold any "photograph relating to the treatment of individuals engaged, captured, or detained after September 11, 2001, by the Armed Forces of the United States" if he certifies that the release of the photos could endanger citizens or the armed forces.
The provision, which is supported by President Obama, was offered as an amendment by Sen. Joseph Lieberman, I-Conn.
Rep. Barney Frank, D-Mass. -- who initially opposed the package and is now trying to help Democratic leaders raise support for it -- said he recently told Treasury Secretary Timothy Geithner that liberal Democrats would not likely support the package if it includes the Lieberman amendment.
"I made it clear to the administration that I believe that we can get liberals like myself who are against the war [to] vote for it because the IMF is so important, but not if the [Freedom of Information Act] exception is in it," Frank said.
Rep. Louise Slaughter, D-N.Y., previously supported the supplemental but said she would not vote for the bill if it includes the amendment.
"There is no reason in the world for us to vote to suspend" FOIA, Slaughter said.
While House Defense Appropriations Subcommittee Chairman John Murtha, D-Pa., conceded "we got big problems" with trying to pass the supplemental, he asserted that it would clear Congress by July 1. The military has said it needs the funding by July to avoid a disruption in other accounts, which would have to be raided to pay for the wars in Iraq and Afghanistan.