Tag Archives: Jay Rockefeller

Murkowski Part II Rears Its Ugly Head

On June 10th, we all celebrated the defeat of the Murkowski resolution, which would have gutted the EPA's ability to regulate carbon dioxide pollution.  Why we needed to defeat Murkowski was explained well by NRDC Action Fund Executive Director, Peter Lehner, who wrote the following prior to the vote:

EPA's proactive lead in greenhouse gas regulation is a critical aspect of the effort to reduce our rampant, destabilizing, and destructive dependence on foreign and offshore oil.  While the endangerment finding does not, in itself, prescribe regulations, it provides the legal basis for critical standards: EPA's proposed CAFE efficiency standard for light-duty vehicles is projected to save over 455 million barrels per year, and an anticipated standard for heavy-duty vehicles will save billions more.  Stripping EPA of its authority to implement these protections would increase our nation's dependence on oil and send hundreds of billions of dollars overseas.  We cannot afford this big step backward, especially as we watch more oil gush into the Gulf each day.

In the end, the Senate didn't take that “big step backward” on June 10th, as the Murkowski resolution failed by a 47-53 vote.   Many of us probably figured that was the end of this issue, and that the Senate would now move on to passing comprehensive, clean energy and climate legislation.  Unfortunately, as is often the case in Washington, DC, it isn't that simple (let alone logical).

Today, clean air and public health are once again under an assault that constitutes, essentially, “Murkowski Part II.”  The Wall Street Journal reported on June 22:

As U.S. Senate lawmakers attempt to determine the fate of energy legislation, an influential Democrat is boosting efforts to suspend a controversial greenhouse-gas rule passed earlier this year by the U.S. Environmental Protection Agency.

After introducing a bill to impose a two-year halt on the new EPA rule, Sen. Jay Rockefeller, a Democrat from coal-rich West Virginia, is now working to round up supporters for his legislation.

It should go without saying that this is completely unacceptable.  As we all know, the public was outraged at Senator Murkowski's Big Oil Bailout bill.  They understood that this moved the country backward, not forward, and that it was exactly the wrong way to go given the energy and environmental challenges we face.  Through all our efforts, our phone calls and emails (and blog posts and tweets, etc.), we helped to kill Murkowski Part I.  Now, unfortunately, Sen. Jay Rockefeller is pushing Murkowski Part II, yet there's far less attention being paid to this effort than to the Murkowski's EPA Castration Resolution Part I.   People have a lot of other things on their minds, and they thought this fight was over back in June.  But, once they find out that this effort is baaaaack, like a monster in a cheesy horror movie, they are not going to respond positively.  

Of course, why would the public – which overwhelmingly supports taking action to promote clean energy and deal with climate change – ever respond positively to a proposal aimed at throwing away one of our key tools to cut pollution and protect public health?  And why would they respond positively now of all times, as oil continues to spew into the Gulf of Mexico, as record heat waves scorch the United States, and as climate science is strengthened every day that goes by?  Last but not least, why would they support an effort to protect the corporate polluters and not all of us who are being hurt by that pollution?

The bottom line is simple: instead of wasting its time on legislation that will only move the country backwards – towards dirty energy forever – the Senate should be busy passing a bill that moves the country forward towards a bright future of green energy, clean tech jobs, energy security and climate protection.   Once our Senators hear that message loud and clear from all of us, Rockefeller's Murkowski Part II will be rejected by the Senate, just as Murkowski Part I was before it.

Boxer Finally Jumps Aboard, Insisting On A Strong Public Option In Final Senate Bill

I’m hearing from sources about a letter to Harry Reid from a collection of liberal Senators, led by Sens. Jay Rockefeller and Sherrod Brown, insisting that Reid publicly commit to putting a public option in any health care bill that reaches the Senate floor.  There’s a big difference between having a public option in the bill before the fact or trying to get it in by amendment.  It’s likely that amendments to the bill will require a 60-vote threshold, therefore it would take 60 votes to get a public option into the bill if it’s absent, or 60 to get one out of the bill if it’s present.  Nobody has said that there are those numbers of votes to do either of those actions.  So whether the bill comes to the Senate floor with a public option or not is a crucial decision.  The four people in that room making that decision are Max Baucus of the Finance Committee, Tom Harkin of the HELP Committee, Harry Reid and someone from the White House.  A lot of this will depend on the White House’s inclination, and they certainly floated their support over the weekend.  But Reid’s public statements have been noncommital.

The liberal faction in the Senate, led by Rockefeller and Brown but also for the first time including Sen. Barbara Boxer, want a real commitment.  According to sources, Sen. Reid will meet with this faction at 5pm ET.  Senator Reid’s office confirms that this meeting will be held today.  So presumably, some kind of accommodation will be offered, although the liberal Senators in the meeting will seek a definitive commitment, I’m told.

There have been various talks from public option supporters in the Senate about wanting to see it in the final bill, but this is the furthest it has gone, to my knowledge.  Some Senators, like Sen. Boxer, are going on the record insisting a public option for the first time.  Of course we don’t know what form this “public option” will take – the Wall Street Journal reports today that Tom Carper’s state-based approach is gaining support among Senate moderates, and Debbie Stabenow in a press conference today confirmed that this is a possibility:

In a press conference this morning with other Democratic senators, Sen. Debbie Stabenow (D-MI) — member of the Senate Finance Committee and a supporter of a robust public option — says it’s a “broad definition.”

“The states are one way to go,” she said

Sen. Robert Menendez (D-NJ), who also sits on Finance and supports a public option as enthusiastically as Stabenow does, added, “There are state options that are devised in such a way that only a region of the state is included, in which case that’s not really a significant public option.”

“If the whole state is included in a public option — they have that option — well that’s a much more significant standard than some that have been proposed,” Menendez told reporters.

I would assume that Reid may offer this as a compromise inclusion in the bill.  We’ll see if the Brown-Rockefeller faction will take the deal.  Certainly they are pushing very hard for a higher standard than that.  And with the House of Representatives close in getting majority support for a public option using Medicare +5% rates, perhaps that gives them some leverage too.

DiFi’s Problem With Panetta

It’s more than a little surprising to me that the choice for CIA Director of Leon Panetta, who I considered a card-carrying Villager if there ever was one, is ruffling such feathers inside official Washington, particularly official Democratic Washington.  At first blush this looked like whining about not being informed, but it seems like there’s more there.  Here’s the relevant section from the LA Times:

Sen. Dianne Feinstein (D-Calif.), who this week begins her tenure as the first female chair of the Senate Intelligence Committee, said today that she was not consulted on the choice and indicated she might oppose it.

“I was not informed about the selection of Leon Panetta to be the CIA director,” Feinstein said. “My position has consistently been that I believe the agency is best served by having an intelligence professional in charge at this time.” […]

A senior aide to Sen. John D. Rockefeller IV (D-W.Va.), outgoing chairman of the Senate Intelligence Committee, said that the senator “would have concerns” about a Panetta nomination.

Rockefeller “thinks very highly of Panetta,” the aide said. “But he’s puzzled by the selection. He has concerns because he has always believed that the director of CIA needs to be someone with significant operational intelligence experience, and someone outside the political realm.”

Most of the intelligence professionals at the top over the past eight years had plenty of “experience” and that didn’t work out too well.  The one who came from the political arena, Porter Goss (who was a former spy), wasn’t so objectionable to Dianne Feinstein – I mean she voted to confirm him, after all.  Of course, he was a Republican, which makes everything OK.  

But I don’t think this is about Panetta’s lack of experience; it’s his wealth of it, which presages a change in culture inside  the agency.

Panetta’s selection suggests that Obama intends to shake up the agency, which has had little public accounting of its role in detaining top terror suspects and transferring others to regimes known to use torture, a procedure known as extraordinary rendition.

The CIA, which denies subjecting detainees to torture, is part of a 16-agency intelligence community whose annual budget now exceeds $47.5 billion. The agency keeps its own budget and number of employees secret. Its successes, too, are mostly kept secret while some of its failures reach front pages.

Panetta has suggested that Obama could do much to signal a break with Bush administration policies by signing executive orders during his first 100 days that ban the use of torture in interrogations and close the Guantanamo Bay prison.

“Issuing executive orders on issues such as prohibiting torture or closing Guantanamo Bay would make clear that his administration will do things differently,” Panetta wrote Nov. 9 in a regular column he published in his local newspaper, the Monterey (Calif.) County Herald […]

“He will be an outsider and I think the president wants an outsider’s perspective on the CIA,” said Lee Hamilton, a former Indiana congressman and a former chairman of the House Permanent Select Committee on Intelligence who heads the Woodrow Wilson Center in Washington. “The intelligence community has lost a lot of confidence with the American people and the Congress. I’m talking about 9/11, the Iraq war.”

It’s that he’s an outsider with enough institutional power to actually make changes, and the moral compass to make those decisions based not on burying the past but rooting it out.  THAT’S what has DiFi and Jello Jay spooked.  In fact, they wanted Michael Hayden’s right-hand man to take over (on the flip…)

NBC News has learned that Senate Democrats — including Dianne Feinstein and Jay Rockefeller, who are the incoming and outgoing Intelligence chairmen — have privately recommended a career CIA officer to head the agency.

Democratic sources indicate that both have recommended deputy CIA Director Steve Kappes, a veteran CIA intelligence officer who is widely credited with getting the Libyans to give up their nuclear program. Kappes also was former Moscow station chief […]

One potential downside for Kappes: Like former counter-terror chief John Brennan, some critics says he had line authority over controversial decisions involving interrogation and detention. Brennan was taken out of contention for the CIA job after criticism on the Web on that issue, even though he says he privately objected to the policies and was not in the chain of command at the time.

Panetta isn’t going to be sneaking through the Middle East collecting human intelligence; he’s going to be managing a large bureaucracy.  But moral lepers like DiFi value “experience” that will lock in the status quo over experience that will reveal the agency’s sins, and by extension her own.  They don’t want to risk any culpability on their part from becoming public, so they’d rather “keep it in the family.”  By the way, the resultant fight suggests that “liberal bloggers” were only the excuse for the Obama transition to disqualify John Brennan; in fact, they wanted a strong manager with a spine who would follow the rules.  That is distasteful to those Senate Dems who don’t want the family secrets spilling out.

And lest this become abstract, read today’s New York Times:

When Muhammad Saad Iqbal arrived home here in August after more than six years in American custody, including five at the military prison at Guantánamo Bay, Cuba, he had difficulty walking, his left ear was severely infected, and he was dependent on a cocktail of antibiotics and antidepressants.

In November, a Pakistani surgeon operated on his ear, physical therapists were working on lower back problems and a psychiatrist was trying to wean him off the drugs he carried around in a white, plastic shopping bag.

The maladies, said Mr. Iqbal, 31, a professional reader of the Koran, are the result of a gantlet of torture, imprisonment and interrogation for which his Washington lawyer plans to sue the United States government […]

Mr. Iqbal was never convicted of any crime, or even charged with one. He was quietly released from Guantánamo with a routine explanation that he was no longer considered an enemy combatant, part of an effort by the Bush administration to reduce the prison’s population.

“I feel ashamed what the Americans did to me in this period,” Mr. Iqbal said, speaking for the first time at length about his ordeal during several hours of interviews with The New York Times, including one from his hospital bed in Lahore.

Mr. Iqbal was arrested early in 2002 in Jakarta, Indonesia, after boasting to members of an Islamic group that he knew how to make a shoe bomb, according to two senior American officials who were in Jakarta at the time.

Mr. Iqbal now denies ever having made the statement, but two days after his arrest, he said, the Central Intelligence Agency transferred him to Egypt. He was later shifted to the American prison at Bagram Air Base in Afghanistan, and ultimately to Guantánamo Bay.

Much of Mr. Iqbal’s account could not be independently corroborated. Two senior American officials confirmed that Mr. Iqbal had been “rendered” from Indonesia, but could not comment on, or confirm details of, how he was treated in custody. The Pentagon and C.I.A. deny using torture, and American diplomatic, military and intelligence officials agreed to talk about the case only on the condition of anonymity because the files are classified.

There are hundreds of human beings like this – at least the ones who are alive – who really don’t care if Dianne Feinstein or Jay Rockefeller will be “embarrassed”.  They were flown around the world, interrogated and tortured, and in the process, America not only created thousands of new terrorists while receiving no actionable intelligence, but lost its soul.  The road to restoration has nothing to do with the delicate sensibilities of Senate Democrats.

Harman Speaks to Westside Progressives in Los Angeles

My post about Jane Harman’s remarks at a town hall meeting yesterday about the secret “torture memos” revealed this week by the New York Times is up at Think Progress, submitted through their Blog Fellows Program, which I can’t recommend enough.  Let me contextualize those remarks a bit more, and add some of the other interesting things Rep. Harman had to say.

I asked the question to Harman about the secret memos.  Earlier this week, the White House claimed that all relevant members of Congress had been fully briefed on the classified program sanctioning harsh interrogation techniques by the CIA.  At the time of the memos, Harman was a member of the “Gang Of Eight” routinely briefed on intelligence matters.  Harman was shaking her head as I asked the question if she was fully briefed, chuckling almost in disbelief.  Her answer:

We were not fully briefed. We were told about operational details but not these memos. Jay Rockefeller said the same thing, and I associate myself with his remarks. And we want to see these memos.

over…

Harman is now the third member of the Gang of Eight, joining Jay Rockefeller and Nancy Pelosi, to reject the White House’s claim that they were fully briefed about these memos.  The Administration is lying, again, and it is now incumbent upon Congress to make every effort to obtain those memos and to enshrine into law a full repudiation of the arguments therein described.  The follow-up question I wanted to ask Rep. Harman, but could not, was how she would go about pressuring the White House to get those documents.  Obviously the vehicle for this is through the confirmation of Attorney General nominee Michael Mukasey.  Considering that these memos came out of the Justice Department, there should simply be no movement on his confirmation without an exchange of the memos.

Let me add some additional information about the town hall.  I wrote in my Think Progress post this tidbit:

Harman later revealed that she was speaking with an unidentified Republican in her office, who told her that if President Bush were to attack Iran, then even he would vote for impeachment.

You have to understand the environment of this town hall meeting.  The audience included the hardcore progressives that made up the core of the Marcy Winograd primary challenge to Harman in 2006; in fact, Winograd was on a panel right before Harman’s arrival.  These people were SCREAMING for impeachment; the first two questions were about this issue.  And Harman could do nothing but reiterate that Nancy Pelosi, not her, had taken impeachment off the table.  She went on to describe her no votes against the Clinton impeachment and how MoveOn.org was born out of the impeachment debate (odd of her to approvingly cite MoveOn, considering she voted to condemn their remarks in the “General Betrayus” ad).  But when she brought up Iran, she said “this little anecdote should make you smile,” and mentioned the above exchange.

Here are some of the other notable tidbits in Harman’s meeting.

• She recommended Jack Goldsmith’s “The Terror Presidency” as the best source for understanding how the Bush Administration attempted to expand executive power through neutering the Office of Legal Counsel.  She had the book with her.

• She reiterated that “intelligence was politicized again” on the FISA bill, referring to the fake terror attack hyped by the White House designed to get wavering Democrats to sanction warrantless surveillance.  It was a cold-blooded tactic, and it should be heavily publicized.  I thanked Rep. Harman for speaking out on this, and I hope that she’ll continue as well as encourage other members to corroborate her allegations.  Harman said she is working to change the new FISA bill, which will “probably be introduced this week.”  The goals are that any surveillance must be done through the FISA court, with a warrant, and with minimization protocols if a US national is involved.

• Harman spoke about her legislation to close Guantanamo, restore habeas corpus, and end the use of national security letters outside their initial purpose.  She spoke glowingly about the vote this week to put Blackwater contractors under the auspices of US law, and thanked both Rep. Waxman and Rick Jacobs, who produced Iraq for Sale, with their efforts to get the word out about Blackwater’s numerous abuses and how they fell into the “legal black hole” regarding their activities.

• She recommended the Seymour Hersh article about developments with respect to Iran, and said that she has invited him to speak to the Congress.  Harman was adamant in saying that “targeted sanctions are working” with Iran, and that the government should “stop the saber rattling” that could lead us to another catastrophic war.

• She trumpeted her contribution to the House energy bill, a measure to retire the incandescent light bulb by 2012.

• On trade, she made a disappointing statement.  Despite voting against NAFTA and CAFTA and claiming that she was proven right on those votes, she said that some trade deals are admissable with proper labor and environmental standards as well as trade adjustment assistance, and referring to the current Peruvian Free Trade Agreement that will come up for vote in a couple weeks, she said that “It was approved by Charlie Rangel.”  Uh-oh.  We know that this bill, crafted in the dead of night to appease corporate interests, does not go nearly far enough to ensure labor and environmental standards, and would be nothing more than NAFTA-light.

• Someone asked Rep. Harman about the Walt-Mearshimer book “The Israel Lobby” and AIPAC’s support for endless war, including war with Iran.  Harman, who has been linked in the past to lobbies like AIPAC, said “I’m not a member of AIPAC… I support a two-state solution where Palestine can thrive economically with borders that are defensible to Israel.”  She pretty much dodged the question.

• On the still-unresolved EPA waiver that would allow California to make their own rules on tailpipe emissions that contribute to global warming, Harman said that she signed on to a letter protesting the slow-rolling from the EPA and the Department of Transportation, and she added that Gov. Schwarzenegger should work harder to get DoT to “back off” (they’ve been accused of lobbying lawmakers to pressure the EPA to block the California law).

• Finally, Harman asked for education activists to call her office and tell her about the reauthorization of No Child Left Behind.  While she said that Rep. Miller has claimed to her it has been improved, she said “I am prepared to oppose it” if the changes are not satisfactory.