Commentary Magazine


Topic: Dianne Feinstein

Feinstein vs. the CIA

Sen. Dianne Feinstein, chairwoman of the Senate Intelligence Committee, made headlines yesterday with a speech accusing the CIA of a host of improprieties. As the New York Times account noted, Feinstein, normally a defender of the intelligence community, claimed “the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.”

Nothing offends members of Congress more than an infringement of their own authority, so naturally Feinstein’s charges led to a predictable chorus of anger on Capitol Hill. Yet key members of the Senate Intelligence Committee, including Republicans Saxby Chambliss and Richard Burr, are refusing to back up Feinstein, which suggests the case may not be as clear-cut as Feinstein alleges. Certainly CIA Director John Brennan denies her charges.

On closer examination the controversy becomes murkier and turns on legalities such as who owned the database used by Feinstein’s staff which was located at a facility in northern Virginia. She claims it was Senate property and therefore everything on it was privileged; the CIA seems to be claiming it was owned by the intelligence agency which granted shared access to the Senate gumshoes, thereby making it lawful for the CIA to move documents on the database or to check access logs in order to determine how the Senate got its hands on an internal CIA investigation of interrogation practices which the CIA claims is privileged information.

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Sen. Dianne Feinstein, chairwoman of the Senate Intelligence Committee, made headlines yesterday with a speech accusing the CIA of a host of improprieties. As the New York Times account noted, Feinstein, normally a defender of the intelligence community, claimed “the C.I.A. had removed documents from computers used by Senate Intelligence Committee staff members working on a report about the agency’s detention program, searched the computers after the committee completed its report and referred a criminal case to the Justice Department in an attempt to thwart their investigation.”

Nothing offends members of Congress more than an infringement of their own authority, so naturally Feinstein’s charges led to a predictable chorus of anger on Capitol Hill. Yet key members of the Senate Intelligence Committee, including Republicans Saxby Chambliss and Richard Burr, are refusing to back up Feinstein, which suggests the case may not be as clear-cut as Feinstein alleges. Certainly CIA Director John Brennan denies her charges.

On closer examination the controversy becomes murkier and turns on legalities such as who owned the database used by Feinstein’s staff which was located at a facility in northern Virginia. She claims it was Senate property and therefore everything on it was privileged; the CIA seems to be claiming it was owned by the intelligence agency which granted shared access to the Senate gumshoes, thereby making it lawful for the CIA to move documents on the database or to check access logs in order to determine how the Senate got its hands on an internal CIA investigation of interrogation practices which the CIA claims is privileged information.

Based on the limited information publicly available, it’s impossible for an outsider to judge the merits of the charges and counter charges. The only thing we can say for sure is that it’s a critical blow to the CIA to lose Feinstein’s support. The rupture in her relationship with John Brennan threatens the agency’s effectiveness, at least as long as she stays chairwoman, which may be less than a year if Republicans pick up the Senate in November.

But let’s not be so caught up in the current charges that we lose sight of the underlying dispute, which concerns the CIA’s use of renditions, “enhanced interrogation techniques,” black sites, and the like in the years after 9/11. Feinstein is simmering in essence because the CIA has tried to slowroll and possibly even obstruct her staff investigation into these interrogation practices. Her staff has produced a 6,300-page report, which is still going through the declassification process and is said to be critical of the CIA.

It is important to get to the truth about interrogations, but it is also important not to scapegoat the CIA for controversial practices that, by all accounts, were approved by the most senior officials of the Bush administration and briefed, at least in some form, to Congress. There is no suggestion that the CIA was a rogue operation. It was simply doing what most Americans–and what its political bosses–wanted done in the wake of 9/11 to prevent another spectacular attack on the United States. What it did obviously worked, although there is controversy about how much of an intelligence payoff the coercive interrogations, which (let’s be frank) included the use of torture, produced.

It is not productive now to embarrass and shame the agency, much less to put individual intelligence operatives in the hot seat, for practices that were fully authorized by their superiors. That will only lead to the demoralization of the agency and a lack of the kind of risk-taking we need to keep us safe in the future. Of course the agency is not justified in obstructing justice to protect itself. But it’s far from clear yet that’s what it did. Sensational headlines about the CIA “spying” on Congress don’t help. We need to examine this controversy calmly and wait for more facts to emerge before making any judgment.

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Reid Tries to Save Liberals from Themselves

President Obama and Senator Dianne Feinstein are not happy with Harry Reid. The feeling is mutual. And no one is hiding it very well. The three Democratic leaders are reacting to the announcement that Feinstein’s ban on certain so-called “assault weapons” will not be included in the final Senate gun-control bill and will not be voted on. The assault-weapons ban was always going to end this way; the votes were never there for it.

And while Feinstein believes she was promised a vote and Obama isn’t thrilled about elevating this issue only to have it bow to political reality, there is something disingenuous in focusing their ire on Reid. After all, Reid’s strategy of grinding the Senate to a halt, locking out the opposition from getting votes or amendments, and obstructing even basic Senate business and responsibilities has always been about protecting Democrats from having to vote on their very unpopular, ill-considered policy ideas that the voters would surely hate.

In other words, fully aware of the absurdity of the Democratic policy agenda, Reid’s leadership has always been geared toward saving liberals from themselves–and the voters. And that is exactly what he’s doing on the gun bill. What’s more, while the White House says it’s not giving up on the ban, Reid is telling them to drop it. The Washington Post reports on Reid’s admission that a possible Republican filibuster of the bill is not the cause of its demise:

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President Obama and Senator Dianne Feinstein are not happy with Harry Reid. The feeling is mutual. And no one is hiding it very well. The three Democratic leaders are reacting to the announcement that Feinstein’s ban on certain so-called “assault weapons” will not be included in the final Senate gun-control bill and will not be voted on. The assault-weapons ban was always going to end this way; the votes were never there for it.

And while Feinstein believes she was promised a vote and Obama isn’t thrilled about elevating this issue only to have it bow to political reality, there is something disingenuous in focusing their ire on Reid. After all, Reid’s strategy of grinding the Senate to a halt, locking out the opposition from getting votes or amendments, and obstructing even basic Senate business and responsibilities has always been about protecting Democrats from having to vote on their very unpopular, ill-considered policy ideas that the voters would surely hate.

In other words, fully aware of the absurdity of the Democratic policy agenda, Reid’s leadership has always been geared toward saving liberals from themselves–and the voters. And that is exactly what he’s doing on the gun bill. What’s more, while the White House says it’s not giving up on the ban, Reid is telling them to drop it. The Washington Post reports on Reid’s admission that a possible Republican filibuster of the bill is not the cause of its demise:

Reid (D-Nev.) is preparing to move ahead with debate on a series of gun-control proposals when the Senate returns from a two-week Easter recess in early April. Although he has vowed to hold votes on measures introduced after the Sandy Hook Elementary School massacre in Newtown, Conn., in December, Reid told reporters Tuesday that the proposed assault-weapons ban isn’t holding up against Senate rules that require at least 60 votes to end debate and move to final passage.

The proposed ban, “using the most optimistic numbers, has less than 40 votes. That’s not 60,” Reid said.

No, 40 is not 60. More importantly, it’s not 50, which means a straight up-or-down vote on the assault weapons ban would see Democrats knock the bill down. That’s Reid’s message to the White House (and to Feinstein). Reid doesn’t want to force Democrats to vote on the gun ban because the ensuing result would be both more damaging to the Democratic Party and more embarrassing for the White House, as enough Democrats went on record opposing the ban to publicly reject the president.

Obama may bristle at getting a brushback pitch from Reid, but electorally this strategy is better than the approach taken by Nancy Pelosi in the House. Reid represents a moderate state that leans conservative on some issues (like guns), which tempers his Senate leadership with a measure of reality. Not so with Pelosi. She hails from a very liberal district in the liberal state of California. The legislative agenda that comes out of the leftmost fringe of a Democratic Party already without moderates makes life even more difficult for lawmakers who aren’t as liberal as Pelosi. As such, when Democrats had the majority in the House and Pelosi served as speaker, she forced the House to vote on bills that were sure to go nowhere in the Senate and never be enacted but which put them on record in support of bad policy. That was the case, for example, with the cap-and-trade global warming bill back in 2009.

“We passed transformational legislation which takes us into the future,” Pelosi said after voting on legislation everyone knew would never become law. The following November, as Democrats approached a shellacking in the midterm elections, the New York Times reported that “House Democrats are bracing for tough losses across the country today, and the controversial cap-and-trade climate bill is sure to be part of any post-election analysis.” The Times added that the bill “has haunted” those who voted for it.

So the White House and Feinstein may want to lay off Reid. But they’re not. The Post adds:

White House Chief of Staff Denis McDonough said in an interview with CNN on Tuesday that Senate Democrats’ decision is not a setback for Obama’s gun-control efforts. He said that the bill can still be brought up as an amendment and that there should be a concerted effort to pass it.

“We’re going to work on this. We’re going to find the votes,” McDonough said, according to a transcript. “It deserves a vote, and let’s see if we can get it done.”

The Times reports that Feinstein is “angry” over the exclusion of the gun ban. But that anger is misdirected. There are two parties in the U.S. Congress, and neither of them wants the gun ban. Most of the Senate Democrats seem to have learned a lesson from the 2010 midterms, even if Obama and Feinstein have not.

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A Ted Cruz Response

In response to my post on Senator Ted Cruz’s confrontation with Senator Dianne Feinstein, I heard from an adviser to Senator Cruz, who believes I provided an inaccurate and incomplete account of Senator Cruz’s views.

What Senator Cruz believes, I was told, is that (a) the weapons Senator Feinstein wants to ban fall under the category of “common use of the time,” which would make her ban unconstitutional; (b) that the itemized list Feinstein proposes raises serious constitutional issues; and (c) the Texas senator is fully aware of the meaning and implications of the Heller decision. I’m happy to relay those clarifications, as well as a link to an appearance on Fox News by Senator Cruz.

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In response to my post on Senator Ted Cruz’s confrontation with Senator Dianne Feinstein, I heard from an adviser to Senator Cruz, who believes I provided an inaccurate and incomplete account of Senator Cruz’s views.

What Senator Cruz believes, I was told, is that (a) the weapons Senator Feinstein wants to ban fall under the category of “common use of the time,” which would make her ban unconstitutional; (b) that the itemized list Feinstein proposes raises serious constitutional issues; and (c) the Texas senator is fully aware of the meaning and implications of the Heller decision. I’m happy to relay those clarifications, as well as a link to an appearance on Fox News by Senator Cruz.

People can read my original post, watch the link I provided to the Cruz v. Feinstein confrontation, and then watch Senator Cruz’s post-hearing interview and decide for themselves how clear and effective his line of questioning was and the merits of my critique. I simply wanted to convey the views of Senator Cruz, to be sure readers were aware of them.

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Ted Cruz v. Dianne Feinstein

In a confrontation that has received a fair amount of attention, Republican Senator Ted Cruz pressed Democratic Senator Dianne Feinstein on her bill to reinstate a ban on assault weapons. Mr. Cruz argued that the starting point of the discussion should be the Constitution–and then pressed Ms. Feinstein on whether she would apply regulations to the First and Fourth Amendments (dealing with freedom of speech and the protection against unlawful search and seizure) similar to those she is seeking on the Second Amendment (the right to bear arms).

“The Second Amendment and the Bill of Rights provides that the right of the people to keep and bear arms shall not be infringed,” Cruz said–and then asked whether the First Amendment should “only apply” to certain books or the Fourth Amendment should only protect certain people from unreasonable searches. 

Senator Feinstein reacted sharply, saying, “I’m not a 6th grader. I’m not a lawyer, but after 20 years I’ve been up close and personal with the Constitution. I have great respect for it.” She later said she felt “patronized” by Senator Cruz, whom she called “arrogant.”

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In a confrontation that has received a fair amount of attention, Republican Senator Ted Cruz pressed Democratic Senator Dianne Feinstein on her bill to reinstate a ban on assault weapons. Mr. Cruz argued that the starting point of the discussion should be the Constitution–and then pressed Ms. Feinstein on whether she would apply regulations to the First and Fourth Amendments (dealing with freedom of speech and the protection against unlawful search and seizure) similar to those she is seeking on the Second Amendment (the right to bear arms).

“The Second Amendment and the Bill of Rights provides that the right of the people to keep and bear arms shall not be infringed,” Cruz said–and then asked whether the First Amendment should “only apply” to certain books or the Fourth Amendment should only protect certain people from unreasonable searches. 

Senator Feinstein reacted sharply, saying, “I’m not a 6th grader. I’m not a lawyer, but after 20 years I’ve been up close and personal with the Constitution. I have great respect for it.” She later said she felt “patronized” by Senator Cruz, whom she called “arrogant.”

Let me take these claims in reverse order. Having watched Senator Cruz from a distance, I can see why people view him as arrogant. If I were a close adviser, I would tell him so directly and counsel him to keep that tendency in check. It’s not necessary, it can be off-putting and eventually get him into trouble.

That said, I don’t think Cruz’s questions were either inappropriate or patronizing. He was pressing Senator Feinstein in the hopes of trapping her into an inconsistent application of constitutional rights. The problem is she didn’t handle the question well from a substantive point of view–and it took Senator Dick Durbin to make the obvious rejoinder, which is that our constitutional rights are not absolute.

For example, people don’t have a right, in the name of the First Amendment, to libel people, to yell “fire” in a crowded theater, to incite people to violence, and to sell child pornography at a public library (or anywhere else, for that matter).

As for the issue of firearms, the question can easily be thrown back at Senator Cruz. Does he believe in an absolute right to bear any arms at any time for any reason? What about fully automatic weapons (which are heavily restricted)? How about a rocket-propelled grenade launcher? A bazooka? An M-1 tank? Would Senator Cruz draw the line at any of these? Of course he would, and he would be right to do so. And in doing so, he would answer his own question. He would be conceding that there is no absolute right to bear arms, just like there’s no absolute right when it comes to freedom of speech. Justice Antonin Scalia, a conservative icon, rightly pointed out in United States v. Heller that, like most rights, the Second Amendment right is not unlimited. It leaves room to regulate guns.

It seems to me, then, that the philosophical issue is pretty clear: in America we have a right, but not an absolute right, to bear arms. What we’re talking about is a prudential application of restrictions on guns. The debate is precisely where to draw the lines. What separates wise lawmakers from foolish ones is where and how you draw the lines.

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Feinstein Could Subpoena Petraeus’s Report on Benghazi

After the Benghazi attack and before the Paula Broadwell scandal exploded, David Petraeus made a trip to Libya to conduct his own investigation of the attack. Now the CIA is denying the existence of a trip report Petraeus may have written afterward, and Senate Intelligence Committee Chair Dianne Feinstein is threatening a subpoena:

The chairwoman of the Senate Intelligence Committee says she will seek testimony from former CIA Director David Petraeus, who resigned Friday as CIA director after acknowledging an extramarital affair, about the September attack on the consulate in Benghazi, Libya, that left four Americans dead. …

[Feinstein] also may subpoena reports on a trip Petraeus took to Libya in the last year.

“I believe that Director Petraeus made a trip to the region shortly before this (Petraeus affair) became public,” Feinstein said on “Andrea Mitchell Reports.” “We have asked to see the trip report. One person tells me he’s read it, and then we try to get it and they tell me it hasn’t been done. That’s unacceptable.”

“It may have some very relevant information to what happened in Benghazi,” Feinstein said.

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After the Benghazi attack and before the Paula Broadwell scandal exploded, David Petraeus made a trip to Libya to conduct his own investigation of the attack. Now the CIA is denying the existence of a trip report Petraeus may have written afterward, and Senate Intelligence Committee Chair Dianne Feinstein is threatening a subpoena:

The chairwoman of the Senate Intelligence Committee says she will seek testimony from former CIA Director David Petraeus, who resigned Friday as CIA director after acknowledging an extramarital affair, about the September attack on the consulate in Benghazi, Libya, that left four Americans dead. …

[Feinstein] also may subpoena reports on a trip Petraeus took to Libya in the last year.

“I believe that Director Petraeus made a trip to the region shortly before this (Petraeus affair) became public,” Feinstein said on “Andrea Mitchell Reports.” “We have asked to see the trip report. One person tells me he’s read it, and then we try to get it and they tell me it hasn’t been done. That’s unacceptable.”

“It may have some very relevant information to what happened in Benghazi,” Feinstein said.

If the report does exist, the CIA’s reaction suggests there is something interesting in it. If it doesn’t exist, that’s yet another reason Petraeus should still testify and provide details about what he saw on his trip. According to ABC, Petraeus wants to avoid that:

But now Petraeus is telling friends he does not think he should testify.

Petraeus has offered two reasons for wanting to avoid testifying: Acting CIA Director Morell is in possession of all the information Petraeus gathered in conducting his review and he has more current information gathered since Petraeus’ departure; and it would be a media circus.

The first point is irrelevant. Morell is going to testify anyway, so it’s not as if Congress has to choose between Morell and Petraeus. Morell may have all the information from Petraeus’s trip to Benghazi, but he can’t give a firsthand account of it. As for the media circus, the hearing would likely be closed to the public and press anyway. The hallways would be staked out, but it’s not like Petraeus has never been at the center of a media storm before.

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The White House Shows Fear About Leaks

Though the press largely dropped the story weeks ago, no controversy has the potential to do as much long-term damage to the Obama presidency as the White House leaks investigation. That’s why Mitt Romney’s ringing denunciation of the administration’s fast and loose approach to classified information in his address to the Veterans of Foreign Wars yesterday had to scare the administration silly. In response, they not only prompted Senator Dianne Feinstein, the head of the Senate Intelligence Committee, to try to walk back her accusation that the White House was the source of the leaks about cyber warfare, targeted assassinations of terrorists, Iran and other national security topics that Romney cited in his speech. They also sent out campaign honcho David Axelrod to make the rounds of the morning news shows today to reassure the American people that President Obama played no role in the flow of secrets to the front page of the New York Times and other media outlets friendly to the president.

But Axelrod’s assurances ring false. Obama’s problem here is that the White House’s fingerprints were all over these stories. It’s not just that secrets were spilled, but that they were leaked in a manner intended to make the president look like he was actively involved in the details of national security matters. The Times stories in particular — served up as they were to fill the front page of a number of Sunday editions of the paper — were more than background material about the nuts and bolts of how the nation is pursuing terrorists and attempting to stop Iran’s nuclear program but crafted so as to make the president look good. Moreover, they were sourced in such a way as to make it obvious it came from the White House. That is why Romney’s call for a special prosecutor had to make the president and his senior advisers squirm.

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Though the press largely dropped the story weeks ago, no controversy has the potential to do as much long-term damage to the Obama presidency as the White House leaks investigation. That’s why Mitt Romney’s ringing denunciation of the administration’s fast and loose approach to classified information in his address to the Veterans of Foreign Wars yesterday had to scare the administration silly. In response, they not only prompted Senator Dianne Feinstein, the head of the Senate Intelligence Committee, to try to walk back her accusation that the White House was the source of the leaks about cyber warfare, targeted assassinations of terrorists, Iran and other national security topics that Romney cited in his speech. They also sent out campaign honcho David Axelrod to make the rounds of the morning news shows today to reassure the American people that President Obama played no role in the flow of secrets to the front page of the New York Times and other media outlets friendly to the president.

But Axelrod’s assurances ring false. Obama’s problem here is that the White House’s fingerprints were all over these stories. It’s not just that secrets were spilled, but that they were leaked in a manner intended to make the president look like he was actively involved in the details of national security matters. The Times stories in particular — served up as they were to fill the front page of a number of Sunday editions of the paper — were more than background material about the nuts and bolts of how the nation is pursuing terrorists and attempting to stop Iran’s nuclear program but crafted so as to make the president look good. Moreover, they were sourced in such a way as to make it obvious it came from the White House. That is why Romney’s call for a special prosecutor had to make the president and his senior advisers squirm.

Feinstein’s backtracking was so unconvincing, especially after her frank admission on Monday that the White House was the obvious culprit. She may regret that her remarks “are being used to impugn President Obama or his commitment to protecting national security secrets,” but that was the obvious implication of the facts as she originally laid them out.

The problem here is not merely a bad news cycle in which Romney got the better of the president. The leaks investigation is the sort of thing that can and will haunt the president and his senior staff long after the election. The current investigations being conducted by two prosecutors appointed by President Obama have the potential to drag a second term — if he is lucky enough to have one — down in scandal. That should make their anxiety about the outcome in November even greater. Should, as Romney rightly suggests, a special prosecutor be appointed, there’s little doubt that some of Obama’s senior staffers are going to spend the next few years defending their reputations in a scandal that will tarnish the president’s historic legacy. Re-electing the president and keeping Attorney General Eric Holder in office so as to keep the Justice Department from pursuing these charges too zealously is their only hope.

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Romney Blasts Obama on Intel Leaks

Mitt Romney’s foreign policy speech to the VFW today hit the right marks, but was unfortunately sparse on details and lacked an overarching vision. It was definitely more of a political speech than an ideological one; he mentioned President Obama by name 14 times, and many of his positions were framed in terms of his opposition to Obama.

But Romney’s speech did get an assist from Democratic Sen. Dianne Feinstein. He quoted her while criticizing the administration’s intelligence leak investigation:

Lives of American servicemen and women are at stake. But astonishingly, the administration failed to change its ways. More top-secret operations were leaked, even some involving covert action in Iran.

This isn’t a partisan issue; it’s a national security crisis. And yesterday, Democrat Senator Dianne Feinstein, chairman of the Senate Intelligence Committee, said, quote, “I think the White House has to understand that some of this is coming from their ranks.”

This conduct is contemptible. It betrays our national interest. It compromises our men and women in the field. And it demands a full and prompt investigation by a special counsel, with explanation and consequence. Obama appointees, who are accountable to President Obama’s attorney general, should not be responsible for investigating the leaks coming from the Obama White House.

Whoever provided classified information to the media, seeking political advantage for the administration, must be exposed, dismissed, and punished.  The time for stonewalling is over.

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Mitt Romney’s foreign policy speech to the VFW today hit the right marks, but was unfortunately sparse on details and lacked an overarching vision. It was definitely more of a political speech than an ideological one; he mentioned President Obama by name 14 times, and many of his positions were framed in terms of his opposition to Obama.

But Romney’s speech did get an assist from Democratic Sen. Dianne Feinstein. He quoted her while criticizing the administration’s intelligence leak investigation:

Lives of American servicemen and women are at stake. But astonishingly, the administration failed to change its ways. More top-secret operations were leaked, even some involving covert action in Iran.

This isn’t a partisan issue; it’s a national security crisis. And yesterday, Democrat Senator Dianne Feinstein, chairman of the Senate Intelligence Committee, said, quote, “I think the White House has to understand that some of this is coming from their ranks.”

This conduct is contemptible. It betrays our national interest. It compromises our men and women in the field. And it demands a full and prompt investigation by a special counsel, with explanation and consequence. Obama appointees, who are accountable to President Obama’s attorney general, should not be responsible for investigating the leaks coming from the Obama White House.

Whoever provided classified information to the media, seeking political advantage for the administration, must be exposed, dismissed, and punished.  The time for stonewalling is over.

Obama has had decent poll numbers on his national security performance, though that’s mainly because he’s flouted the left’s policy prescriptions and increased the use of drones and other covert operations. The Obama campaign has been trashing Romney’s foreign policy “platitudes” — yes, really — in an effort to show how much more serious Obama supposedly is on these issues.

But Feinstein really undermined that with her acknowledgment yesterday that the intelligence leaks probably came from the White House. This is the last story the Obama campaign wants to be discussing on a day when it’s trying to play up its national security achievements before Romney’s Israel trip. Apparently somebody passed that message along to Feinstein, who backpedaled on her assertion this afternoon:

“I stated that I did not believe the president leaked classified information,” Feinstein said in the statement on Tuesday. “I shouldn’t have speculated beyond that, because the fact of the matter is I don’t know the source of the leaks.”

Presumptive Republican presidential nominee Mitt Romney seized on Feinstein’s remarks in a speech at the Veterans of Foreign Wars convention Tuesday, accusing President Obama of not trying to find the source of the leaks until after the election.

Feinstein said that she regretted her comments were being used against Obama and said she was “disappointed” in Romney’s remarks.

It’s too bad Feinstein felt the need to backtrack, especially on something that’s so obvious. If some of the leaks were from the Presidential Daily Brief, this means there are a limited number of sources. The fact that the stories ended up benefiting the Obama White House politically gives you a good idea of the type of people who might have had a motive.

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Feinstein: Leaks Came From White House

Anyone with eyes and ears can figure out that some of the recent national security leaks most likely came from the White House, and yesterday Sen. Dianne Feinstein finally acknowledged the obvious:

“I think the White House has to understand that some of this is coming from its ranks. I don’t know specifically where, but they have to understand that and do something about it…

“To know what the president actually knows about this is difficult, because with respect to intelligence he is in a bubble. He has his [president’s daily brief] early every morning. And so he gets a briefing of intelligence. I don’t believe for a moment he goes out and talks about it. I don’t believe the briefers go out and talk about it. But who knows who else?”

Hmm. Was Feinstein suggesting in the second paragraph that the president might know the source of the leaks? That seems like a serious possibility. If the leaks came from the daily national security briefing as she indicates, clearly there is a finite number of people who could be the culprits. Feinstein rules out the briefers (Director of National Intelligence James Clapper), but suggests it could have been anybody else in the meeting.

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Anyone with eyes and ears can figure out that some of the recent national security leaks most likely came from the White House, and yesterday Sen. Dianne Feinstein finally acknowledged the obvious:

“I think the White House has to understand that some of this is coming from its ranks. I don’t know specifically where, but they have to understand that and do something about it…

“To know what the president actually knows about this is difficult, because with respect to intelligence he is in a bubble. He has his [president’s daily brief] early every morning. And so he gets a briefing of intelligence. I don’t believe for a moment he goes out and talks about it. I don’t believe the briefers go out and talk about it. But who knows who else?”

Hmm. Was Feinstein suggesting in the second paragraph that the president might know the source of the leaks? That seems like a serious possibility. If the leaks came from the daily national security briefing as she indicates, clearly there is a finite number of people who could be the culprits. Feinstein rules out the briefers (Director of National Intelligence James Clapper), but suggests it could have been anybody else in the meeting.

Remember, David Axelrod vehemently denied that the leaks came from the White House in June:

“In both cases, they quote members of the president’s national security team who were in the room,” [ABC News' George] Stephanopoulos said. “So somebody who was in the room with the president was giving out some of this information or at least discussing classified information.”

“I think the authors of all of this work have said that the White House was not the source of this information,” Axelrod replied. “I can’t say that there weren’t leaks. There were obvious leaks, but they weren’t from the White House.” …

“The last thing that he would countenance or anybody around him would countenance are leaks that would jeopardize the security of Americans on these secret missions, and the success of those missions.”

“So you’re confident this investigation’s not going to show White House involvement?” Stephanopoulos said.

“Yes,” Axelrod said.

Feinstein hasn’t yet called for a special prosecutor, but based on her comments, it seems like that has to be the next move. Does anyone really expect the Department of Justice to fairly investigate a leak within the president’s inner circle? Unless the White House gets serious on this on its own (which would require appointing a special prosecutor anyway), there will have to be outside pressure before it’ll take action.

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Senate Coming into Focus

The House outcome is no longer in dispute. As Jay Cost put it, it is either a tsunami or a “tsunami-to-end-all-tsunamis.” But in the Senate, with fewer seats up for grabs and the ones in play in Blue States, the question for the Senate is: 10 or fewer?

The surest pickups for the Republicans are North Dakota, Arkansas, and Indiana. Pat Toomey has re-established his lead (or it was never gone, depending on which poll you like). Sharron Angle, Mark Kirk (David Axelrod is already coming up with excuses), and Ron Johnson seem to be holding narrow but steady leads. Ken Buck, Dino Rossi, John Raese, and Carly Fiorina (“In the not to be missed category, Sen. Dianne Feinstein, stepped way out of the spin cycle yesterday, as she is often wont to do. Feinstein … was asked how things were going, and she replied, ‘bad’”) are each up or down a few, but within the margin of error. Connecticut and Delaware no longer appear competitive for the Republicans, but the GOP seems likely to hold Florida, Ohio, New Hampshire, Missouri, and Kentucky. Alaska is, well, confused. But we can assume that should Lisa Murkowski win, thanks to the good spellers of Alaska (who will have to write in her name correctly), she will caucus with the GOP.

So, yes, 10 of the seats currently held by Democrats could fall the Republicans’ way. If only nine of them did, the focus would shift to Joe Lieberman and Ben Nelson to see if they’d switch sides. Or we could wind up with a still remarkable seven- or eight-seat pickup.

Yes, the chairmanships and the balance on the committees depend on who has a majority. But neither side will have close to a filibuster-proof majority. From the GOP perspective, with the House virtually in the bag (and the subpoena power and chairmanships along with the majority), it might not be the worst of all things to have a slim Democratic majority (and some responsibility for governance) and watch Chuck Schumer duke it out with Dick Durbin to be the leader of the Democratic caucus.

The House outcome is no longer in dispute. As Jay Cost put it, it is either a tsunami or a “tsunami-to-end-all-tsunamis.” But in the Senate, with fewer seats up for grabs and the ones in play in Blue States, the question for the Senate is: 10 or fewer?

The surest pickups for the Republicans are North Dakota, Arkansas, and Indiana. Pat Toomey has re-established his lead (or it was never gone, depending on which poll you like). Sharron Angle, Mark Kirk (David Axelrod is already coming up with excuses), and Ron Johnson seem to be holding narrow but steady leads. Ken Buck, Dino Rossi, John Raese, and Carly Fiorina (“In the not to be missed category, Sen. Dianne Feinstein, stepped way out of the spin cycle yesterday, as she is often wont to do. Feinstein … was asked how things were going, and she replied, ‘bad’”) are each up or down a few, but within the margin of error. Connecticut and Delaware no longer appear competitive for the Republicans, but the GOP seems likely to hold Florida, Ohio, New Hampshire, Missouri, and Kentucky. Alaska is, well, confused. But we can assume that should Lisa Murkowski win, thanks to the good spellers of Alaska (who will have to write in her name correctly), she will caucus with the GOP.

So, yes, 10 of the seats currently held by Democrats could fall the Republicans’ way. If only nine of them did, the focus would shift to Joe Lieberman and Ben Nelson to see if they’d switch sides. Or we could wind up with a still remarkable seven- or eight-seat pickup.

Yes, the chairmanships and the balance on the committees depend on who has a majority. But neither side will have close to a filibuster-proof majority. From the GOP perspective, with the House virtually in the bag (and the subpoena power and chairmanships along with the majority), it might not be the worst of all things to have a slim Democratic majority (and some responsibility for governance) and watch Chuck Schumer duke it out with Dick Durbin to be the leader of the Democratic caucus.

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Feinstein: A Democratic Grown-Up

Sen. Diane Feinstein has certainly had her moments over the last year or so. She spoke out against the foolishness of a troop-withdrawal deadline in Afghanistan. She chaired a committee that came up with a 14-count indictment of the Obami’s handling of terror attacks. And now she’s giving her candid assessment of the White House class-warfare stunt — a pre-election tax vote:

On Tuesday, Democrats appeared to be making only slow progress in their efforts to resolve a range of lingering internal differences over the tax-cut extensions, and the possibility that Congress won’t vote on a plan before the November elections is rising.

“In my opinion, I don’t know who takes a tax vote, in their right mind, just before an election,” Sen. Dianne Feinstein (D., Calif.) complained. “But that’s just me.” Ms. Feinstein’s California colleague, Democrat Sen. Barbara Boxer, is in a difficult re-election fight where taxes are a hot topic; voting on a middle-class extension that allows rates to rise for higher earners could worsen her problems.

Priceless. Maybe if the president listened more closely to her and less to David Axelrod, the White House wouldn’t be in such a fix. But that’s just me.

Sen. Diane Feinstein has certainly had her moments over the last year or so. She spoke out against the foolishness of a troop-withdrawal deadline in Afghanistan. She chaired a committee that came up with a 14-count indictment of the Obami’s handling of terror attacks. And now she’s giving her candid assessment of the White House class-warfare stunt — a pre-election tax vote:

On Tuesday, Democrats appeared to be making only slow progress in their efforts to resolve a range of lingering internal differences over the tax-cut extensions, and the possibility that Congress won’t vote on a plan before the November elections is rising.

“In my opinion, I don’t know who takes a tax vote, in their right mind, just before an election,” Sen. Dianne Feinstein (D., Calif.) complained. “But that’s just me.” Ms. Feinstein’s California colleague, Democrat Sen. Barbara Boxer, is in a difficult re-election fight where taxes are a hot topic; voting on a middle-class extension that allows rates to rise for higher earners could worsen her problems.

Priceless. Maybe if the president listened more closely to her and less to David Axelrod, the White House wouldn’t be in such a fix. But that’s just me.

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Wanted: Grown-Ups to Take On Obama’s Iran Policy

On Afghanistan, we have seen the emergence of a bipartisan, sober group of senators who understand the stakes and who aren’t shy about giving advice to the president. The same should be the case on Iran. Rather than platitudinous letters or resolutions, the most worthwhile endeavor at this point (one to three years from the time Iran has a nuclear weapon) would be to develop a bipartisan group that is candid on the administration’s deficiencies and vocal about the options we have for preventing Iran from going nuclear.

A fine starting point would be this, from Dan Coats, a candidate for the Senate, who explains the problem:

This is the most urgent national security issue America confronts today. Unfortunately, none of the actions taken, including inspections, reports and sanctions, has effectively challenged the Iranian regime’s nuclear ambitions. … Advocating an international group hug does nothing but encourage the enemy; all talk and no action emboldens bullies to be even more aggressive toward its neighbors and the world community.

He recommends three steps:

A much-enhanced international coalition devoted to the same objective: to prevent Iran from gaining nuclear weapons. A strong, ever-tightening sanctions track. The six UN Security Council sanctions resolutions over the past four years are far too weak to compel Iran to comply with the international community’s demands. Concrete military preparations. We are dealing with a regime that appears to respect little other than the genuine threat of force.

As to the first, we have done nothing to isolate and ostracize the Iranian regime diplomatically; to the contrary, we have welcomed the regime into UN bodies and afforded it the respect that the mullahs crave (and which will demoralize the internal opposition). But it is the third recommendation that is the most critical. Coats explains:

If it is true that a nuclear weapons-capable Iran is “unacceptable,” then our nation and the international community must understand what few options remain should the first two tracks fail. And Iran must be especially clear-eyed about those potential consequences. Indeed, to give the diplomatic and sanctions tracks the credibility they require, the military option must be genuinely credible.

It seems as though there is already a core group of grown-ups in the U.S. Senate — John McCain, Lindsey Graham, Dianne Feinstein, and Joe Lieberman immediately come to mind — who have the respect of their colleagues, the expertise, and the appropriate demeanor to take on this task. The administration is sleepwalking toward a national-security disaster, and the time for biting lips and pulling punches is over. It is time to tell the administration what it is doing wrong and how to fix it — before it is too late.

On Afghanistan, we have seen the emergence of a bipartisan, sober group of senators who understand the stakes and who aren’t shy about giving advice to the president. The same should be the case on Iran. Rather than platitudinous letters or resolutions, the most worthwhile endeavor at this point (one to three years from the time Iran has a nuclear weapon) would be to develop a bipartisan group that is candid on the administration’s deficiencies and vocal about the options we have for preventing Iran from going nuclear.

A fine starting point would be this, from Dan Coats, a candidate for the Senate, who explains the problem:

This is the most urgent national security issue America confronts today. Unfortunately, none of the actions taken, including inspections, reports and sanctions, has effectively challenged the Iranian regime’s nuclear ambitions. … Advocating an international group hug does nothing but encourage the enemy; all talk and no action emboldens bullies to be even more aggressive toward its neighbors and the world community.

He recommends three steps:

A much-enhanced international coalition devoted to the same objective: to prevent Iran from gaining nuclear weapons. A strong, ever-tightening sanctions track. The six UN Security Council sanctions resolutions over the past four years are far too weak to compel Iran to comply with the international community’s demands. Concrete military preparations. We are dealing with a regime that appears to respect little other than the genuine threat of force.

As to the first, we have done nothing to isolate and ostracize the Iranian regime diplomatically; to the contrary, we have welcomed the regime into UN bodies and afforded it the respect that the mullahs crave (and which will demoralize the internal opposition). But it is the third recommendation that is the most critical. Coats explains:

If it is true that a nuclear weapons-capable Iran is “unacceptable,” then our nation and the international community must understand what few options remain should the first two tracks fail. And Iran must be especially clear-eyed about those potential consequences. Indeed, to give the diplomatic and sanctions tracks the credibility they require, the military option must be genuinely credible.

It seems as though there is already a core group of grown-ups in the U.S. Senate — John McCain, Lindsey Graham, Dianne Feinstein, and Joe Lieberman immediately come to mind — who have the respect of their colleagues, the expertise, and the appropriate demeanor to take on this task. The administration is sleepwalking toward a national-security disaster, and the time for biting lips and pulling punches is over. It is time to tell the administration what it is doing wrong and how to fix it — before it is too late.

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Blindness to the Real Syrian Problem

Cliff May wonders whether Dianne Feinstein is dumb or just pretending to be. Feinstein on the shipment of missiles to Hezbollah and the potential for war, pronounces: “There’s only one thing that’s going to solve it, and that’s a two-state solution.” Thunk. As May observes, is it really possible that the “chair of the Senate Intelligence Committee, believes that Hezbollah, Iran, and Syria would be satisfied with a two-state solution — assuming that one of those states is Israel”? Well, to be honest, that is not far removed from the claptrap we hear from the administration, which has reduced every issue to a pretext for “focusing” (haven’t we focused for decades?) on the non-existent peace process.

For a saner take on what is really at issue in Syria, read Lee Smith’s compelling piece on the SCUDs and what the administration is doing about that situation. The contrast to the prior administration is stark:

This past week was a bad one for those eager to reach out to Syria. It was reported that Damascus is believed to have transferred to Hezbollah Scud missiles that would be able to reach any part of Israel. “The threat that Syria might transfer more advanced weapons to Hezbollah has existed for a long time,” says Elliott Abrams, who oversaw Middle East affairs in the George W. Bush White House and is now a fellow at the Council on Foreign Relations. “With respect to Scuds, it has been understood the Israelis would interdict such a shipment. I do not recall the Bush Administration ever expressing disagreement with that view.”

The Obama Administration seems to feel differently. Initial reports explained that the White House convinced the Israelis not to attack the arms shipment and promised that Kerry would deliver a strong message to Syrian President Bashar al-Assad during his visit to Damascus early this month. U.S. officials confirmed Kerry did indeed convey the Americans’ displeasure even as more recent reports suggest that the Obama Administration now believes that the actual transfer may not have occurred.

As Smith notes, the great danger here is that Syria and its senior partner Iran will once again perceive American weakness if we don’t respond (with something more meaningful than a tongue-lashing for the Syrian minister) to this latest act of aggression. (“If we let Syria off the hook for its proven acts of terror against U.S. military and diplomatic personnel, as well as U.S. allies in Israel, Lebanon, and Iraq, we have all but announced that in the event of future attacks on the U.S. homeland we will never retaliate against the states without which so-called stateless terrorist organizations cannot exist. We will have effectively disabled any deterrence we have against our adversaries and made our cities vulnerable to anyone who can lie his way past the Transportation Security Administration.”) But we should not be reassured that it is John Kerry delivering the message to Damascus, Smith says. He — and his wife, we learn — have a soft spot for Bashar al-Assad.

So Feinstein is not alone in her silliness. Unfortunately, the president and those carrying out his foreign policy are equally confused.

Cliff May wonders whether Dianne Feinstein is dumb or just pretending to be. Feinstein on the shipment of missiles to Hezbollah and the potential for war, pronounces: “There’s only one thing that’s going to solve it, and that’s a two-state solution.” Thunk. As May observes, is it really possible that the “chair of the Senate Intelligence Committee, believes that Hezbollah, Iran, and Syria would be satisfied with a two-state solution — assuming that one of those states is Israel”? Well, to be honest, that is not far removed from the claptrap we hear from the administration, which has reduced every issue to a pretext for “focusing” (haven’t we focused for decades?) on the non-existent peace process.

For a saner take on what is really at issue in Syria, read Lee Smith’s compelling piece on the SCUDs and what the administration is doing about that situation. The contrast to the prior administration is stark:

This past week was a bad one for those eager to reach out to Syria. It was reported that Damascus is believed to have transferred to Hezbollah Scud missiles that would be able to reach any part of Israel. “The threat that Syria might transfer more advanced weapons to Hezbollah has existed for a long time,” says Elliott Abrams, who oversaw Middle East affairs in the George W. Bush White House and is now a fellow at the Council on Foreign Relations. “With respect to Scuds, it has been understood the Israelis would interdict such a shipment. I do not recall the Bush Administration ever expressing disagreement with that view.”

The Obama Administration seems to feel differently. Initial reports explained that the White House convinced the Israelis not to attack the arms shipment and promised that Kerry would deliver a strong message to Syrian President Bashar al-Assad during his visit to Damascus early this month. U.S. officials confirmed Kerry did indeed convey the Americans’ displeasure even as more recent reports suggest that the Obama Administration now believes that the actual transfer may not have occurred.

As Smith notes, the great danger here is that Syria and its senior partner Iran will once again perceive American weakness if we don’t respond (with something more meaningful than a tongue-lashing for the Syrian minister) to this latest act of aggression. (“If we let Syria off the hook for its proven acts of terror against U.S. military and diplomatic personnel, as well as U.S. allies in Israel, Lebanon, and Iraq, we have all but announced that in the event of future attacks on the U.S. homeland we will never retaliate against the states without which so-called stateless terrorist organizations cannot exist. We will have effectively disabled any deterrence we have against our adversaries and made our cities vulnerable to anyone who can lie his way past the Transportation Security Administration.”) But we should not be reassured that it is John Kerry delivering the message to Damascus, Smith says. He — and his wife, we learn — have a soft spot for Bashar al-Assad.

So Feinstein is not alone in her silliness. Unfortunately, the president and those carrying out his foreign policy are equally confused.

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Jumping When Unions Holler

Obama’s promise of  a better, cleaner, and more transparent brand of politics has not been fulfilled. Not by a long shot. The president appoints the SEIU boss to the deficit commission. Congress behind closed doors churns out colorfully named sweetheart deals on ObamaCare. And then they really reveal the depths of their dependence on special-interest patrons.

Writing in the Washington Post, Kelly Amis and Joseph E. Robert Jr. explain that the $450 billion spending bill last year “effectively dismantled a small, successful education program benefiting low-income children in the nation’s capital.” All hope is not lost that a scholarship reviled by Big Labor as a threat to its education monopoly may disappear. But we’re getting close. Sen. Joseph Lieberman (I-Conn.) is trying to restore the program. Unfortunately, Senate Majority Leader Harry Reid (D-Nev.) may prevent the Senate from even voting on the measure. He has, it seems, little support from Democrats:

Who wants to vote against an effective program serving poor minority children?

Congress needed only to reauthorize the D.C. Opportunity Scholarship Program — as the local community asked it to do and as the research should have compelled it to do — but the members who mattered ignored the families outside their white marble offices, even rescinding scholarships to hundreds of hopeful students.

Where is Obama in all this? Nowhere to be found. They write:

Obama could have stood up for these children, who only want the same opportunities that he had and that his daughters now have. Instead, his education secretary, Arne Duncan, proffered an argument that would be funny if it weren’t so sad: Scholarships for poor students aren’t worth supporting because not enough of them are given out.

Note to Duncan: You could give out more.

The mayor and school chancellor support the scholarship plan but not the Democratic leadership. (“Unfortunately, congressional leaders — especially Rep. Jose Serrano (D-N.Y.), Del. Eleanor Holmes Norton (D-D.C.) and Sen. Richard Durbin (D-Ill.) — crumpled before teachers union threats, led by American Federation of Teachers (AFT) President Randi Weingarten, who declared everything open to negotiation ‘except vouchers.’”) Vouchers, of course, threaten to send students to schools with no teacher unions, and teacher unions are in the business of sustaining their unions, not in maximizing educational opportunities for students. So the union squawks, the Democrats jump, and the D.C. kids get the short end of the stick.

Amis and Robert note that there is a bipartisan group — which includes Sens. Dianne Feinstein (D-Calif.), Susan Collins (R-Maine), Robert Byrd (D-W.Va.), George Voinovich (R-Ohio), and John Ensign (R-Nev.) — seeking to save the program. But what the D.C. schoolchildren and their parents need is the president and Senate and House Democratic leadership. Too bad they’ve got Big Labor patrons to mollify.

Obama’s promise of  a better, cleaner, and more transparent brand of politics has not been fulfilled. Not by a long shot. The president appoints the SEIU boss to the deficit commission. Congress behind closed doors churns out colorfully named sweetheart deals on ObamaCare. And then they really reveal the depths of their dependence on special-interest patrons.

Writing in the Washington Post, Kelly Amis and Joseph E. Robert Jr. explain that the $450 billion spending bill last year “effectively dismantled a small, successful education program benefiting low-income children in the nation’s capital.” All hope is not lost that a scholarship reviled by Big Labor as a threat to its education monopoly may disappear. But we’re getting close. Sen. Joseph Lieberman (I-Conn.) is trying to restore the program. Unfortunately, Senate Majority Leader Harry Reid (D-Nev.) may prevent the Senate from even voting on the measure. He has, it seems, little support from Democrats:

Who wants to vote against an effective program serving poor minority children?

Congress needed only to reauthorize the D.C. Opportunity Scholarship Program — as the local community asked it to do and as the research should have compelled it to do — but the members who mattered ignored the families outside their white marble offices, even rescinding scholarships to hundreds of hopeful students.

Where is Obama in all this? Nowhere to be found. They write:

Obama could have stood up for these children, who only want the same opportunities that he had and that his daughters now have. Instead, his education secretary, Arne Duncan, proffered an argument that would be funny if it weren’t so sad: Scholarships for poor students aren’t worth supporting because not enough of them are given out.

Note to Duncan: You could give out more.

The mayor and school chancellor support the scholarship plan but not the Democratic leadership. (“Unfortunately, congressional leaders — especially Rep. Jose Serrano (D-N.Y.), Del. Eleanor Holmes Norton (D-D.C.) and Sen. Richard Durbin (D-Ill.) — crumpled before teachers union threats, led by American Federation of Teachers (AFT) President Randi Weingarten, who declared everything open to negotiation ‘except vouchers.’”) Vouchers, of course, threaten to send students to schools with no teacher unions, and teacher unions are in the business of sustaining their unions, not in maximizing educational opportunities for students. So the union squawks, the Democrats jump, and the D.C. kids get the short end of the stick.

Amis and Robert note that there is a bipartisan group — which includes Sens. Dianne Feinstein (D-Calif.), Susan Collins (R-Maine), Robert Byrd (D-W.Va.), George Voinovich (R-Ohio), and John Ensign (R-Nev.) — seeking to save the program. But what the D.C. schoolchildren and their parents need is the president and Senate and House Democratic leadership. Too bad they’ve got Big Labor patrons to mollify.

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Tom Campbell’s Record and the GOP Senate Primary

The headline in the Jewish Journal on the California Republican Senate primary bizarrely reads: “Campbell’s Pro-Israel Stance Could Be His Undoing in Run for U.S. Senate.” Well, actually it’s his anti-Israel and pro-Muslim record and associations that are at issue. The article does accurately recount that Campbell’s record has reached the attention of the mainstream media and become a key issue in the race. It also provides a useful reminder that this is not only a matter of his Israel stance but also of Campbell’s record on terrorism and Muslim extremism:

Long before [Campbell donor Sami] Al-Arian went to jail for supporting terror, he was a professor at the University of South Florida (USF) and a political activist with high-level contacts among American politicians. His brother-in-law, Mazen Al-Najjar, was imprisoned pending deportation based on secret evidence. Campbell took up the cause, visiting Al-Najjar in jail and introducing legislation critical of the government’s practice.

Campbell found himself on the side of Muslim-American civil rights groups. “The community that was most interested in this was the Muslim American community,” Campbell said in an interview last week, because 26 of the 28 people in jail under the secret evidence rule were Muslim. As a result of Campbell’s work, Al-Arian made campaign contributions totaling $1,300 to Campbell’s 2000 U.S. Senate run against Dianne Feinstein.

On May 23, 2000, Campbell testified before Congress in support of the “Secret Evidence Repeal Act,” mentioning Al-Najjar by name. Campbell shot down the government’s argument that barring secret evidence in immigration cases would lead to the release of terrorists, because the government would only need to forgo its use in immigration hearings. In his professorial style, Campbell compared the issue to other Constitutional abuses: “Why not give [suspected terrorists] truth serum, as long as they are in jail? If, like me, your stomach revolts at that thought, it must be because something in this Constitution prevents it.” That fall, Campbell lost the Senate election and left public office.

And, of course, Campbell then went on to write a letter on behalf of Al-Arian when the University of South Florida fired him. Campbell now claims it came at a time when he really was unaware of Al-Arian’s terrorist activities. (“‘A fellow law professor asked me as a matter of academic freedom to express concern about [Al-Arian],’ Campbell told The Jewish Journal. Campbell says that although he knew Al-Arian was an activist with controversial views on the Israeli-Palestinian conflict, he had no idea Al-Arian actually was under criminal investigation by the FBI.”)

Well, as others have detailed, there was much in the public record at the time about an investigation into Al-Arian’s terrorist activities. Campbell’s defense of carelessness — “If I’m asked to write a letter on behalf of a professor, I should find out all I can about him” — doesn’t sound at all like the smart, methodical academic his boosters claim him to be.  The Journal quotes Republican Jewish Coalition executive director Matt Brooks: “If he’s offering a mea culpa, then I think that’s a signal to the Jewish community that he maybe would have done things differently. … It’s up to the voters to decide whether to accept his change of heart or not.”

Additionally, voters will have to consider what Campbell truly believes when it comes to anti-terrorism policies. He claims now to “strongly favor keeping Guantanamo and keeping enemy combatants under a prisoner-of-war status until the war on terror is over” and says he now actually would support the position that “enemy combatants and their supporters do not have Miranda rights or the right to confront the evidence against them.” That’s quite a change of heart for the former congressman who carried water for Al-Arian at a congressional hearing.

Voters will decide if Campbell has had a few too many changes of heart and whether his willingness to turn a blind eye toward the views of people like Israel-basher Alison Weir and Muslim extremists in the 1990s are disqualifying factors. Should he win the primary, his general-election opponent will certainly make the case that they are.

The headline in the Jewish Journal on the California Republican Senate primary bizarrely reads: “Campbell’s Pro-Israel Stance Could Be His Undoing in Run for U.S. Senate.” Well, actually it’s his anti-Israel and pro-Muslim record and associations that are at issue. The article does accurately recount that Campbell’s record has reached the attention of the mainstream media and become a key issue in the race. It also provides a useful reminder that this is not only a matter of his Israel stance but also of Campbell’s record on terrorism and Muslim extremism:

Long before [Campbell donor Sami] Al-Arian went to jail for supporting terror, he was a professor at the University of South Florida (USF) and a political activist with high-level contacts among American politicians. His brother-in-law, Mazen Al-Najjar, was imprisoned pending deportation based on secret evidence. Campbell took up the cause, visiting Al-Najjar in jail and introducing legislation critical of the government’s practice.

Campbell found himself on the side of Muslim-American civil rights groups. “The community that was most interested in this was the Muslim American community,” Campbell said in an interview last week, because 26 of the 28 people in jail under the secret evidence rule were Muslim. As a result of Campbell’s work, Al-Arian made campaign contributions totaling $1,300 to Campbell’s 2000 U.S. Senate run against Dianne Feinstein.

On May 23, 2000, Campbell testified before Congress in support of the “Secret Evidence Repeal Act,” mentioning Al-Najjar by name. Campbell shot down the government’s argument that barring secret evidence in immigration cases would lead to the release of terrorists, because the government would only need to forgo its use in immigration hearings. In his professorial style, Campbell compared the issue to other Constitutional abuses: “Why not give [suspected terrorists] truth serum, as long as they are in jail? If, like me, your stomach revolts at that thought, it must be because something in this Constitution prevents it.” That fall, Campbell lost the Senate election and left public office.

And, of course, Campbell then went on to write a letter on behalf of Al-Arian when the University of South Florida fired him. Campbell now claims it came at a time when he really was unaware of Al-Arian’s terrorist activities. (“‘A fellow law professor asked me as a matter of academic freedom to express concern about [Al-Arian],’ Campbell told The Jewish Journal. Campbell says that although he knew Al-Arian was an activist with controversial views on the Israeli-Palestinian conflict, he had no idea Al-Arian actually was under criminal investigation by the FBI.”)

Well, as others have detailed, there was much in the public record at the time about an investigation into Al-Arian’s terrorist activities. Campbell’s defense of carelessness — “If I’m asked to write a letter on behalf of a professor, I should find out all I can about him” — doesn’t sound at all like the smart, methodical academic his boosters claim him to be.  The Journal quotes Republican Jewish Coalition executive director Matt Brooks: “If he’s offering a mea culpa, then I think that’s a signal to the Jewish community that he maybe would have done things differently. … It’s up to the voters to decide whether to accept his change of heart or not.”

Additionally, voters will have to consider what Campbell truly believes when it comes to anti-terrorism policies. He claims now to “strongly favor keeping Guantanamo and keeping enemy combatants under a prisoner-of-war status until the war on terror is over” and says he now actually would support the position that “enemy combatants and their supporters do not have Miranda rights or the right to confront the evidence against them.” That’s quite a change of heart for the former congressman who carried water for Al-Arian at a congressional hearing.

Voters will decide if Campbell has had a few too many changes of heart and whether his willingness to turn a blind eye toward the views of people like Israel-basher Alison Weir and Muslim extremists in the 1990s are disqualifying factors. Should he win the primary, his general-election opponent will certainly make the case that they are.

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Tom Campbell Will Debate on Terrorism and National Security

There will be a radio debate with California Republican Senate candidates Carly Fiorina, Chuck DeVore and Tom Campbell on Friday. The topics will be national security, foreign affairs, and terrorism. Sure to come up will be Campbell’s record. The controversy concerning his past voting record, campaign donors, and positions on Israel and the Middle East certainly will not subside so long as new facts continue to come to light.

For example, in a 2000 report for the Forward (subscription required), Eli Lake, now a national security correspondent for the Washington Times, wrote:

The California Republican who hopes to unseat Senator Feinstein this fall in the general election raised $35,000 last month at a fundraiser in Brooklyn hosted by Arab American and Muslim grateful for his efforts to cut aid to Israel, ease sanctions on Iraq and weaken counterterrorism legislation.

The report quotes the event’s invitation: “In the name of God, the Merciful, the Mercy-Giving, the American Muslim Coordinating Council and the American Muslim Alliance of New York request the honor of your presence at the Support for Tom Campbell for Senate Fundraising Dinner. … Requested Donation $250 per person.” Lake explains that the invitation explicitly praised Campbell for “votes to cut aid to Israel and weaken anti-terrorism legislation. It also stressed his support for a Palestinian-Arab state and opposition to sanctions on Iraq.” Lake noted that the American Muslim Alliance website boasted that the event raised $35,000 for Campbell.

The report also says the groups represented in the Campbell fundraiser include those who held “such events as a protest organized by the Southern California chapter of CAIR in 1998 outside a special televised event marking Israel’s 50th anniversary.  According to the CAIR website, protestors held signs that said, ’50 years of Palestinian Blood’ and ’50 years of Palestinian Disposession.’  In 1996, the American Muslim Council took out a newspaper advertisement accusing the Israeli Defense Force of ‘genocide’ in Southern Lebanon for the bombing commissioned by Prime Minister Peres.”

At the time, the campaign manager of Campbell’s opponent made the argument that “Senator Feinstein’s votes on the Middle East are much more in the mainstream than Congressman Campbell’s, and I would like their records to be evaluated by the voters of California.” One can imagine Sen. Boxer’s campaign manager is readying the same spiel should Campbell be the Republican nominee.

But this, of course, was not an isolated event. Campbell was not rewarded with a lifetime achievement award by the American Muslim Alliance for nothing. He was there with the likes of Sami Al-Arian at rallies and advocated the position of these Muslim organizations in Congress. In October 2000, the Los Angeles Times reported:

Calling themselves a “sleeping giant,” Muslims gathered Saturday in Irvine to brainstorm ways to increase their clout in the U.S. political system and the November elections. . .

“When we first started this, no one stood with us,” said Sami Al-Arian, a professor at University of Southern Florida. He told the crowd of more than 100 people that the campaign against secret evidence took persistence and eventually generated more than 55 supportive editorials and 200 positive articles in U.S. newspapers that were instrumental in raising public awareness.

Campbell, delivering the keynote luncheon address, told the Muslim crowd that such political victories could be replicated–such as fighting to end sanctions on Iraq. Campbell, who is challenging Democrat Dianne Feinstein for a Senate seat, urged Muslims to set up volunteer networks to support candidates of both major parties in every congressional district.

While Campbell now says he was unaware of the extremism of his supporters, the facts suggest otherwise. Yesterday, Philip Klein had yet another report detailing a Campbell donor, “Abdurahman Alamoudi of the American Muslim Council, whose views in support of Hamas and Hezbollah were well known — and captured on videotape back in 2000. Yet Campbell was still defending him even as other politicians were running for cover.” Alamoudi appeared at a rally extolling the crowd: “We are all supporters of Hamas.  …  I am also a supporter of Hezbollah.” But as Phil notes, a week later, Campbell defended Alamoudi and refused to return the donation.

Campbell has yet to explain fully his connection to these Islamic organizations, from whom he took money and for whom he was a dependable advocate at a time when these groups did not bother to hide their extreme rhetoric and views. California voters will have to decide for themselves whether they feel comfortable with Campbell’s record. But I think there is little doubt that the portrait Campbell now paints of himself bears little resemblance to the one he was peddling up through 2001.

There will be a radio debate with California Republican Senate candidates Carly Fiorina, Chuck DeVore and Tom Campbell on Friday. The topics will be national security, foreign affairs, and terrorism. Sure to come up will be Campbell’s record. The controversy concerning his past voting record, campaign donors, and positions on Israel and the Middle East certainly will not subside so long as new facts continue to come to light.

For example, in a 2000 report for the Forward (subscription required), Eli Lake, now a national security correspondent for the Washington Times, wrote:

The California Republican who hopes to unseat Senator Feinstein this fall in the general election raised $35,000 last month at a fundraiser in Brooklyn hosted by Arab American and Muslim grateful for his efforts to cut aid to Israel, ease sanctions on Iraq and weaken counterterrorism legislation.

The report quotes the event’s invitation: “In the name of God, the Merciful, the Mercy-Giving, the American Muslim Coordinating Council and the American Muslim Alliance of New York request the honor of your presence at the Support for Tom Campbell for Senate Fundraising Dinner. … Requested Donation $250 per person.” Lake explains that the invitation explicitly praised Campbell for “votes to cut aid to Israel and weaken anti-terrorism legislation. It also stressed his support for a Palestinian-Arab state and opposition to sanctions on Iraq.” Lake noted that the American Muslim Alliance website boasted that the event raised $35,000 for Campbell.

The report also says the groups represented in the Campbell fundraiser include those who held “such events as a protest organized by the Southern California chapter of CAIR in 1998 outside a special televised event marking Israel’s 50th anniversary.  According to the CAIR website, protestors held signs that said, ’50 years of Palestinian Blood’ and ’50 years of Palestinian Disposession.’  In 1996, the American Muslim Council took out a newspaper advertisement accusing the Israeli Defense Force of ‘genocide’ in Southern Lebanon for the bombing commissioned by Prime Minister Peres.”

At the time, the campaign manager of Campbell’s opponent made the argument that “Senator Feinstein’s votes on the Middle East are much more in the mainstream than Congressman Campbell’s, and I would like their records to be evaluated by the voters of California.” One can imagine Sen. Boxer’s campaign manager is readying the same spiel should Campbell be the Republican nominee.

But this, of course, was not an isolated event. Campbell was not rewarded with a lifetime achievement award by the American Muslim Alliance for nothing. He was there with the likes of Sami Al-Arian at rallies and advocated the position of these Muslim organizations in Congress. In October 2000, the Los Angeles Times reported:

Calling themselves a “sleeping giant,” Muslims gathered Saturday in Irvine to brainstorm ways to increase their clout in the U.S. political system and the November elections. . .

“When we first started this, no one stood with us,” said Sami Al-Arian, a professor at University of Southern Florida. He told the crowd of more than 100 people that the campaign against secret evidence took persistence and eventually generated more than 55 supportive editorials and 200 positive articles in U.S. newspapers that were instrumental in raising public awareness.

Campbell, delivering the keynote luncheon address, told the Muslim crowd that such political victories could be replicated–such as fighting to end sanctions on Iraq. Campbell, who is challenging Democrat Dianne Feinstein for a Senate seat, urged Muslims to set up volunteer networks to support candidates of both major parties in every congressional district.

While Campbell now says he was unaware of the extremism of his supporters, the facts suggest otherwise. Yesterday, Philip Klein had yet another report detailing a Campbell donor, “Abdurahman Alamoudi of the American Muslim Council, whose views in support of Hamas and Hezbollah were well known — and captured on videotape back in 2000. Yet Campbell was still defending him even as other politicians were running for cover.” Alamoudi appeared at a rally extolling the crowd: “We are all supporters of Hamas.  …  I am also a supporter of Hezbollah.” But as Phil notes, a week later, Campbell defended Alamoudi and refused to return the donation.

Campbell has yet to explain fully his connection to these Islamic organizations, from whom he took money and for whom he was a dependable advocate at a time when these groups did not bother to hide their extreme rhetoric and views. California voters will have to decide for themselves whether they feel comfortable with Campbell’s record. But I think there is little doubt that the portrait Campbell now paints of himself bears little resemblance to the one he was peddling up through 2001.

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The End of the “Not Bush” Experiment?

The Hill reports:

Rep. Pete King (N.Y.), the ranking Republican on the Homeland Security Committee, said he would attempt to add language barring any money from being spent on trying alleged terrorists in civilian courts to the intelligence authorization bill. . . In the next week, King said, he will be fine-tuning the language to make it germane to the intelligence authorization bill. If he is unsuccessful or it doesn’t pass, he vowed to continue to offer the bill throughout the rest of the year whenever he sees an opportunity.

This seems like a fine idea. If, as Obama keeps declaring, we got “off track” during the Bush years (oh, except for the parts which the Obami claim were identical to what Obama is now doing) and betrayed our “values,” he should welcome a robust debate about the wisdom of trying jihadists in civilian courtrooms. Granted, a New York venue seems like a nonstarter now, but Eric Holder and Obama insist that that civilian trials are the way to go. They tell us that it’s going to prove (to whom?) the wonders of the American judicial system — before they absolutely, positively guarantee a conviction. (And such reasoning requires one to put aside, I suppose, that military tribunals authorized by Congress are part of that judicial system.)

The Obami must sense they are on thin ice. Sens. Pat Leahy and Dianne Feinstein sent a letter to the White House (I’m sure it was requested) singing the praises of federal court trials for terrorists. But there is a groundswell of opposition building:

King and Rep. Frank Wolf (Va.), the top Republican on the subcommittee that funds the Justice Department, are leading the House drive to prevent any funds from being spent on prosecuting Guantanamo Bay detainees in U.S. federal courts. Sen. Lindsey Graham (R-S.C.) is leading a similar legislative initiative in the Senate. Sen. Blanche Lincoln (D-Ark.), who is in a tight reelection race, signed on as a co-sponsor to Graham’s bill. . . . Last week, two House Democrats, Reps. Jason Altmire (Pa.) and Mike McMahon (N.Y.), jumped onto King and Wolf’s bill as co-sponsors, a sign that support in the Democratic Caucus for Obama’s detainee policies has deteriorated in recent weeks amid growing concern about how voters will view the White House’s national security policies at the polls in November

The public in survey after survey opposes the criminal-justice model Obama still clings to. The president will have the chance to make his pitch and convince the public of the merits of his view. Indeed, snatching the decision-making process away from the hapless Eric Holder, who botched the New York trial roll-out, Obama declares that he will insert himself in the process and decide the locale of the KSM trial.

But I suspect the whole experiment is unraveling as those on the ballot this year sense that there is no appetite for this sort of thing. Even Holder seemed to leave the door open to trying KSM in a military tribunal. (“‘At the end of the day, wherever this case is tried, in whatever forum, what we have to ensure is that it’s done as transparently as possible and with adherence to all the rules,’ Holder said. ‘If we do that, I’m not sure the location or even the forum is as important as what the world sees in that proceeding.’”)

Well, perhaps it was the “not Bush” approach to terrorism that was seriously off track and flew in the face of the values and common sense of the American people. If Congress is stepping up to the plate and the administration is groping for an exit plan, we may finally arrive at a rational approach to fighting Islamic fascists — one that looks a whole lot like the Bush approach.

The Hill reports:

Rep. Pete King (N.Y.), the ranking Republican on the Homeland Security Committee, said he would attempt to add language barring any money from being spent on trying alleged terrorists in civilian courts to the intelligence authorization bill. . . In the next week, King said, he will be fine-tuning the language to make it germane to the intelligence authorization bill. If he is unsuccessful or it doesn’t pass, he vowed to continue to offer the bill throughout the rest of the year whenever he sees an opportunity.

This seems like a fine idea. If, as Obama keeps declaring, we got “off track” during the Bush years (oh, except for the parts which the Obami claim were identical to what Obama is now doing) and betrayed our “values,” he should welcome a robust debate about the wisdom of trying jihadists in civilian courtrooms. Granted, a New York venue seems like a nonstarter now, but Eric Holder and Obama insist that that civilian trials are the way to go. They tell us that it’s going to prove (to whom?) the wonders of the American judicial system — before they absolutely, positively guarantee a conviction. (And such reasoning requires one to put aside, I suppose, that military tribunals authorized by Congress are part of that judicial system.)

The Obami must sense they are on thin ice. Sens. Pat Leahy and Dianne Feinstein sent a letter to the White House (I’m sure it was requested) singing the praises of federal court trials for terrorists. But there is a groundswell of opposition building:

King and Rep. Frank Wolf (Va.), the top Republican on the subcommittee that funds the Justice Department, are leading the House drive to prevent any funds from being spent on prosecuting Guantanamo Bay detainees in U.S. federal courts. Sen. Lindsey Graham (R-S.C.) is leading a similar legislative initiative in the Senate. Sen. Blanche Lincoln (D-Ark.), who is in a tight reelection race, signed on as a co-sponsor to Graham’s bill. . . . Last week, two House Democrats, Reps. Jason Altmire (Pa.) and Mike McMahon (N.Y.), jumped onto King and Wolf’s bill as co-sponsors, a sign that support in the Democratic Caucus for Obama’s detainee policies has deteriorated in recent weeks amid growing concern about how voters will view the White House’s national security policies at the polls in November

The public in survey after survey opposes the criminal-justice model Obama still clings to. The president will have the chance to make his pitch and convince the public of the merits of his view. Indeed, snatching the decision-making process away from the hapless Eric Holder, who botched the New York trial roll-out, Obama declares that he will insert himself in the process and decide the locale of the KSM trial.

But I suspect the whole experiment is unraveling as those on the ballot this year sense that there is no appetite for this sort of thing. Even Holder seemed to leave the door open to trying KSM in a military tribunal. (“‘At the end of the day, wherever this case is tried, in whatever forum, what we have to ensure is that it’s done as transparently as possible and with adherence to all the rules,’ Holder said. ‘If we do that, I’m not sure the location or even the forum is as important as what the world sees in that proceeding.’”)

Well, perhaps it was the “not Bush” approach to terrorism that was seriously off track and flew in the face of the values and common sense of the American people. If Congress is stepping up to the plate and the administration is groping for an exit plan, we may finally arrive at a rational approach to fighting Islamic fascists — one that looks a whole lot like the Bush approach.

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Iran, Israel, and the GOP Senate Primary Race

Carly Fiorina, who is in a tough Republican primary race for the U.S. Senate in California, has raised a key foreign-policy issue. In a released statement, she notes:

President Ahmadinejad’s order yesterday to begin enriching uranium far past levels needed to power nuclear plants reveals the regime’s true intentions for its nuclear technology. Today’s news only further confirms that Iran is not serious about complying with the international nuclear nonproliferation treaty to which they are a party.

It is abundantly clear: engagement with Iran has failed. Negotiations have shown no progress. We cannot afford to talk any longer. We must act now to implement tough, crippling sanctions to persuade the Iranian regime to suspend its nuclear program and engage in serious negotiations.

Both the Senate and the House have passed strong versions of the Iran Refined Petroleum Sanctions Act. I urge our leaders in Congress to reconcile quickly their differences and present a bill to the President for his immediate signature and immediate implementation.

It will be interesting to see how significant an issue this becomes in the primary race. Her two opponents have yet to weigh in on this issue, but foreign policy — specifically, their stance toward Israel and the existential threat to the Jewish state’s existence posed by a nuclear-armed Iran — may well play a role in the race. One of her opponents, Chuck Devore, has in the past voiced strong support for Israel’s right of self-defense.

Tom Campbell, who has zipped into the lead in early polls, is quite another story. During his time in the House, Campbell was one of the few Republicans with a consistent anti-Israel voting record. In 1999, he introduced an amendment to cut foreign aid to Israel. This amendment, titled the Campbell Amendment, was defeated overwhelmingly on the House floor by a vote of 13-414. In 1999, Campbell was one of just 24 House members to vote against a resolution expressing congressional opposition to the unilateral declaration of a Palestinian state. In 1997, Rep. Tom Campbell authored an amendment (also titled the Campbell Amendment) to cut foreign aid to Israel. The resolution failed 9-32 in committee. In 1990, Campbell was one of just 34 House members to vote against a resolution expressing support for Jerusalem as Israel’s capital.  The resolution passed the House 378-34. But Campbell has taken positions on more than just aid that have raised concerns about his views on Israel. As the Los Angeles Times reported in 2000, Campbell, in his losing race against Dianne Feinstein, “told numerous crowds–including Jewish groups–that he believes Palestinians are entitled to a homeland and that Jerusalem can be the capital of more than one nation.”

By making Iran and foreign policy a focus of her campaign, Fiorina is most likely inviting comparisons with her opponents. We’ll see how California Republicans size up the candidates and whether their stance Iran and Israel become a major source of contention.

Carly Fiorina, who is in a tough Republican primary race for the U.S. Senate in California, has raised a key foreign-policy issue. In a released statement, she notes:

President Ahmadinejad’s order yesterday to begin enriching uranium far past levels needed to power nuclear plants reveals the regime’s true intentions for its nuclear technology. Today’s news only further confirms that Iran is not serious about complying with the international nuclear nonproliferation treaty to which they are a party.

It is abundantly clear: engagement with Iran has failed. Negotiations have shown no progress. We cannot afford to talk any longer. We must act now to implement tough, crippling sanctions to persuade the Iranian regime to suspend its nuclear program and engage in serious negotiations.

Both the Senate and the House have passed strong versions of the Iran Refined Petroleum Sanctions Act. I urge our leaders in Congress to reconcile quickly their differences and present a bill to the President for his immediate signature and immediate implementation.

It will be interesting to see how significant an issue this becomes in the primary race. Her two opponents have yet to weigh in on this issue, but foreign policy — specifically, their stance toward Israel and the existential threat to the Jewish state’s existence posed by a nuclear-armed Iran — may well play a role in the race. One of her opponents, Chuck Devore, has in the past voiced strong support for Israel’s right of self-defense.

Tom Campbell, who has zipped into the lead in early polls, is quite another story. During his time in the House, Campbell was one of the few Republicans with a consistent anti-Israel voting record. In 1999, he introduced an amendment to cut foreign aid to Israel. This amendment, titled the Campbell Amendment, was defeated overwhelmingly on the House floor by a vote of 13-414. In 1999, Campbell was one of just 24 House members to vote against a resolution expressing congressional opposition to the unilateral declaration of a Palestinian state. In 1997, Rep. Tom Campbell authored an amendment (also titled the Campbell Amendment) to cut foreign aid to Israel. The resolution failed 9-32 in committee. In 1990, Campbell was one of just 34 House members to vote against a resolution expressing support for Jerusalem as Israel’s capital.  The resolution passed the House 378-34. But Campbell has taken positions on more than just aid that have raised concerns about his views on Israel. As the Los Angeles Times reported in 2000, Campbell, in his losing race against Dianne Feinstein, “told numerous crowds–including Jewish groups–that he believes Palestinians are entitled to a homeland and that Jerusalem can be the capital of more than one nation.”

By making Iran and foreign policy a focus of her campaign, Fiorina is most likely inviting comparisons with her opponents. We’ll see how California Republicans size up the candidates and whether their stance Iran and Israel become a major source of contention.

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And This Isn’t a Tribute to Our Legal System

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

One of the sillier arguments that the Obami have made in favor of a KSM civilian trial is that it will impress others (whom exactly it will impress is less than clear) with the wonders of our judicial system. There are plenty of reasons why this is a perfectly awful argument. For starters, our judicial system is a system of constitutional law and statute — both of which permit military tribunals for trying enemy combatants. So if anything, the Obami insistence on a civilian trial conveys the wrong message — namely, that for the sake of  political posturing the administration can make up rules as they go along.

But there is another important reason to doubt the “wonders of the judicial system” argument. Bill Burck and Dana Perino make the case that the Obami are bollixing up the KSM trial by their understandable but highly prejudicial statements:

Attorney General Holder, the nation’s top law-enforcement officer, has said KSM is guilty and should die. Check. The president has said more or less the same. Check. The entire political leadership of New York has announced that they cannot support trying him in New York City because of the disruption to the city and the sheer danger of holding KSM in downtown Manhattan. Check. The chair of the Senate Intelligence Committee, California Democrat Dianne Feinstein, has disclosed that the threat environment is such that trying KSM in New York City is just too dangerous. Check. The president’s chief spokesperson has said that no matter where KSM is tried, he “is going to meet his maker.” Check. It’s difficult to imagine anyplace in the United States that would not be prejudiced by these types of statements.

So it seems that the our system of criminal justice isn’t well suited and wasn’t designed to try enemy combatants. Turning terrorists over to the courts both harms our national security and sullies the court system, which is properly reserved for ordinary criminals, for whom the presumption of innocence is fundamental and respected by elected officials. In short, civilian trials of terrorists is a terrible idea, unworkable, politically untenable, and harmful to the legal system the Obami pretend to tout.

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Flotsam and Jetsam

There’s a smart argument for building up Palestinian institutions and encouraging economic growth as a prelude to peace. But the Obami have reversed it, spreading poverty as they stagger through the “peace process.” Insisting on a settlement freeze has only put the squeeze on Palestinian workers: “These are skilled construction workers, men who actually rely on jobs in those ‘illegitimate’ settlements for their livelihoods, and they’ve been penalized harshly by the moratorium—they used to earn $40 a day; now, if they’re working at all, they’re getting $13.  ‘The settlement freeze has only brought more poverty,’ [says] Abdel Aziz Othman. … If you were of a sardonic cast of mind, you might call this the freeze to nowhere.”

Sen. Dianne Feinstein opposes the KSM trial. Sen. Kirsten Gillibrand wakes up and opposes it too. (Did they think it was a good idea up until the Massachusetts Senate race?) Who thinks this is still going to happen? Not Rep. John Boehner. But Obama does. It seems he’s outside the bipartisan consensus on this one.

Why didn’t Obama move to the center like Bill Clinton did? The New York Times explains: “So the gamble underlying Mr. Obama’s speech seems to be that he can muddle through the November elections with perhaps 20 or 30 lost seats in the House, and a handful in the Senate, and avoid the kind of rout that led Mr. Clinton to declare the end of the big government era.” That doesn’t look like such a great bet these days, especially since “Mr. Obama has seen the passion of his own political base wither.”

Obama’s attack on the Supreme Court may turn out to be as politically tone deaf as his Gates-gate comments: “A noted Supreme Court historian who ‘enthusiastically’ voted for President Obama in November 2008 today called President Obama’s criticism of the Supreme Court in his State of the Union address last night ‘really unusual’ and said he wouldn’t be surprised if no Supreme Court Justices attend the speech next year.” When Obama loses the law-professor vote, he’s in real trouble.

Ben Bernanke is confirmed for another term as Fed chairman by a 70-30 vote. A good warning for Obama, perhaps, of the dangers of letting populist, business-bashing rhetoric get out of hand.

Sen. Judd Gregg goes after the MSNBC hosts: “You can’t make a representation and then claim you didn’t make it. You know, it just shouldn’t work that way. You’ve got to have some integrity on your side of this camera, too.” Yowser.

Republicans are getting feisty. Sen. Jon Kyl on the SOTU: “First of all, I would’ve thought by now he would’ve stopped blaming the Bush administration for the mess that he inherited. And I don’t think that the American people want a whiner who says, woe is me. It was a terrible situation. And more than a year after he’s sworn in, he’s still complaining about the Bush administration.”

There’s a smart argument for building up Palestinian institutions and encouraging economic growth as a prelude to peace. But the Obami have reversed it, spreading poverty as they stagger through the “peace process.” Insisting on a settlement freeze has only put the squeeze on Palestinian workers: “These are skilled construction workers, men who actually rely on jobs in those ‘illegitimate’ settlements for their livelihoods, and they’ve been penalized harshly by the moratorium—they used to earn $40 a day; now, if they’re working at all, they’re getting $13.  ‘The settlement freeze has only brought more poverty,’ [says] Abdel Aziz Othman. … If you were of a sardonic cast of mind, you might call this the freeze to nowhere.”

Sen. Dianne Feinstein opposes the KSM trial. Sen. Kirsten Gillibrand wakes up and opposes it too. (Did they think it was a good idea up until the Massachusetts Senate race?) Who thinks this is still going to happen? Not Rep. John Boehner. But Obama does. It seems he’s outside the bipartisan consensus on this one.

Why didn’t Obama move to the center like Bill Clinton did? The New York Times explains: “So the gamble underlying Mr. Obama’s speech seems to be that he can muddle through the November elections with perhaps 20 or 30 lost seats in the House, and a handful in the Senate, and avoid the kind of rout that led Mr. Clinton to declare the end of the big government era.” That doesn’t look like such a great bet these days, especially since “Mr. Obama has seen the passion of his own political base wither.”

Obama’s attack on the Supreme Court may turn out to be as politically tone deaf as his Gates-gate comments: “A noted Supreme Court historian who ‘enthusiastically’ voted for President Obama in November 2008 today called President Obama’s criticism of the Supreme Court in his State of the Union address last night ‘really unusual’ and said he wouldn’t be surprised if no Supreme Court Justices attend the speech next year.” When Obama loses the law-professor vote, he’s in real trouble.

Ben Bernanke is confirmed for another term as Fed chairman by a 70-30 vote. A good warning for Obama, perhaps, of the dangers of letting populist, business-bashing rhetoric get out of hand.

Sen. Judd Gregg goes after the MSNBC hosts: “You can’t make a representation and then claim you didn’t make it. You know, it just shouldn’t work that way. You’ve got to have some integrity on your side of this camera, too.” Yowser.

Republicans are getting feisty. Sen. Jon Kyl on the SOTU: “First of all, I would’ve thought by now he would’ve stopped blaming the Bush administration for the mess that he inherited. And I don’t think that the American people want a whiner who says, woe is me. It was a terrible situation. And more than a year after he’s sworn in, he’s still complaining about the Bush administration.”

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Spender’s Remorse

Obama is reacting to the epic rebuff in Massachusetts with his usual mix of denial and detachment. It’s not really his fault. It’s the economy, which is Bush’s fault. The mob is angry. He understands anger, but never shows it. And so on. He may be attempting to project calm, but as in the aftermath of the Christmas Day bombing, you really wonder if there’s no one in the White House to bring him bad news and speak frankly to him.

Meanwhile, Democratic senators are experiencing a spasm of candor. Politico gives us a sample:

“If there’s anybody in this building that doesn’t tell you they’re more worried about elections today, you absolutely should slap them,” said Claire McCaskill (D-Mo.). …

“Every state is now in play,” said Sen. Barbara Boxer (D-Calif.), who faces the toughest reelection battle of her career — most likely against wealthy Republican Carly Fiorina. Boxer is pushing a cap-and-trade bill to control greenhouse gases, but her counterpart from California, Democratic Sen. Dianne Feinstein said a “large cap-and-trade bill isn’t going to go ahead at this time.”

There seems to be a grudging recognition that the president’s agenda — and their own — missed the mark. Sen. Kent Conrad (D-N.D.) confesses that Red State Democrats should be nervous:

“I think part of the problem is the agenda itself,” said Conrad, who doesn’t face voters again until 2012. Instead of spending so much time on health care reform, Conrad said Democrats should have focused first on reducing the national debt and a bipartisan energy bill — and that President Barack Obama should have done a better job of explaining that the economic situation he inherited was “far worse” than he’d originally thought.

So will they stop spending so much time on health-care reform now? It would seem like a good idea for all those Red State senators who could have stopped health care last year but simply went with the flow. Mary Landrieu got bribed … er … received a compromise deal for her state (“the Louisiana Purchase,” which begat the Cornhusker Kickback and Gator-Aid). But now she’s singing a different tune. (“Sen. Mary Landrieu (D-La.), one of the more conservative members of the caucus, said some in the Democratic Party were ‘overreaching’ and ‘advocating more government’ than her constituents want. She blamed House Democrats for advancing liberal proposals that skewed the public’s perception of more moderate measures moving through the Senate.”) So why didn’t she, you know, vote no last year?

It seems that Democrats were content to ignore the voters, run up the deficit, and create a monstrous health-care bill that no one but the Democratic leadership could defend. But only now, given that Scott Brown has won in a deep Blue State, do they regret it. We’ll see how forgiving the voters are in November and what, aside from some humble sentiments, Democratic lawmakers offer in the meantime. But give them some credit: they sound a lot less out to lunch than the White House political hacks.

Obama is reacting to the epic rebuff in Massachusetts with his usual mix of denial and detachment. It’s not really his fault. It’s the economy, which is Bush’s fault. The mob is angry. He understands anger, but never shows it. And so on. He may be attempting to project calm, but as in the aftermath of the Christmas Day bombing, you really wonder if there’s no one in the White House to bring him bad news and speak frankly to him.

Meanwhile, Democratic senators are experiencing a spasm of candor. Politico gives us a sample:

“If there’s anybody in this building that doesn’t tell you they’re more worried about elections today, you absolutely should slap them,” said Claire McCaskill (D-Mo.). …

“Every state is now in play,” said Sen. Barbara Boxer (D-Calif.), who faces the toughest reelection battle of her career — most likely against wealthy Republican Carly Fiorina. Boxer is pushing a cap-and-trade bill to control greenhouse gases, but her counterpart from California, Democratic Sen. Dianne Feinstein said a “large cap-and-trade bill isn’t going to go ahead at this time.”

There seems to be a grudging recognition that the president’s agenda — and their own — missed the mark. Sen. Kent Conrad (D-N.D.) confesses that Red State Democrats should be nervous:

“I think part of the problem is the agenda itself,” said Conrad, who doesn’t face voters again until 2012. Instead of spending so much time on health care reform, Conrad said Democrats should have focused first on reducing the national debt and a bipartisan energy bill — and that President Barack Obama should have done a better job of explaining that the economic situation he inherited was “far worse” than he’d originally thought.

So will they stop spending so much time on health-care reform now? It would seem like a good idea for all those Red State senators who could have stopped health care last year but simply went with the flow. Mary Landrieu got bribed … er … received a compromise deal for her state (“the Louisiana Purchase,” which begat the Cornhusker Kickback and Gator-Aid). But now she’s singing a different tune. (“Sen. Mary Landrieu (D-La.), one of the more conservative members of the caucus, said some in the Democratic Party were ‘overreaching’ and ‘advocating more government’ than her constituents want. She blamed House Democrats for advancing liberal proposals that skewed the public’s perception of more moderate measures moving through the Senate.”) So why didn’t she, you know, vote no last year?

It seems that Democrats were content to ignore the voters, run up the deficit, and create a monstrous health-care bill that no one but the Democratic leadership could defend. But only now, given that Scott Brown has won in a deep Blue State, do they regret it. We’ll see how forgiving the voters are in November and what, aside from some humble sentiments, Democratic lawmakers offer in the meantime. But give them some credit: they sound a lot less out to lunch than the White House political hacks.

Read Less




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