This Could Get Very Ugly

by hilzoy

The news about Fannie Mae and Freddie Mac sounds terrifying to me:

“Shares of Fannie Mae and Freddie Mac, the beleaguered mortgage finance companies, plummeted again on Friday morning, as senior Bush administration officials consider a plan to have the government take over one or both of the companies and place them in a conservatorship if their problems worsen, according to people briefed about the plan.

Fannie Mae stock was down 36 percent in early trading compared with Thursday’s closing price; Freddie Mac stock was down 41 percent.”

And that was after big previous losses. As of right now, Freddie Mac is down over 87% from a year ago; Fannie Mae is down over 85%.

The FT has a nice, short summary of the problem:

“As house prices have fallen and foreclosures have soared across the US, the two institutions have suffered deep losses, which they have tackled by raising more capital. Many observers believe that a collapse of Fannie Mae and Freddie Mac could bring the US mortgage market to a complete standstill, with severe repercussions for the financial sector and the economy as a whole.

Many investors in Fannie Mae and Freddie Mac have come to assume that the government would eventually come to their rescue because of their importance to the system. However, concern has risen recently that contingency plans for a government bail-out might involve wiping out public shareholders to minimise the cost to taxpayers, while confidence that senior debt would be protected has held up.”

Bringing “the US mortgage market to a complete standstill” does not sound like a very good idea. What are the alternatives? One is a conservatorship:

“Under a conservatorship, the shares of Fannie and Freddie would be worth little or nothing, and any losses on mortgages they own or guarantee — which could be staggering — would be paid by taxpayers.”

The shares that would be wiped out presently amount to about $18billion. But the liabilities we, the taxpayers, might have to assume are staggering:

“What Americans need to know is how damaging such a failure would be. This wouldn’t merely be a matter of the Federal Reserve guaranteeing $29 billion in dodgy mortgage paper, a la Bear Stearns. Fannie and Freddie are among the largest financial companies in the world. Their liabilities – mortgage-backed securities (MBSs) and other debt – add up to some $5 trillion.

To put that in perspective, consider that total U.S. federal debt is about $9.5 trillion, compared to a total U.S. GDP of $14 trillion. About $5.3 trillion of that debt is held by the public (in the form of Treasury bonds and the like), while $4.2 trillion is intragovernment debt such as Social Security IOUs. This is the liability side of America’s federal balance sheet, and its condition influences how much the government can borrow and at what rates.

The liabilities of Fan and Fred are currently not on this U.S. balance sheet. But one danger is a run on the debt of either company, putting pressure on the Treasury and Federal Reserve to publicly guarantee that debt to prevent a systemic financial collapse. In an instant, what has long been an implicit taxpayer guarantee for both companies would be made explicit – committing American taxpayers to honoring as much as $5 trillion in new liabilities. U.S. debt held by the public would more than double, and the national balance sheet would look very ugly.”

$5 trillion dollars in liabilities is a staggering amount, even when you consider that not all many of the loans we would guarantee would not go bad*, and so we would almost certainly not be on the hook for the entire amount. But if Fannie and Freddie become insolvent, it would beat the alternative, which is, as best I can tell, more or less shutting down the market for mortgages.

***

Which leads me to an important point. Unlike Bear Stearns, Fannie and Freddie really are too big to fail. What this means, as far as I’m concerned, is that we need to take steps to ensure that they won’t fail. This, to me, was one of the huge lessons of the S&L crisis (and, for that matter, of plain common sense): when the government is on the hook when things go bad, the government should take steps to ensure that things don’t.

Mark Thoma quotes Robert Reich:

“Here we have another example of socialized capitalism. The executives of Fannie and Freddie have been among the best paid in all of corporate America. We’re talking tens of millions a year in CEO pay alone. Fannie and Freddie are treated like giant investor-driven entities as long as they’re healthy and their investors and executives are doing well. But when they start to go down the tubes they become public entities with public responsibilities, the rest of us have to bail them out.”

And adds:

“If failure of these firms endangers the broader economy, and hence threatens to impose large costs on people who had nothing to do with creating the problems, then policymakers need to step in and do what they can to prevent a downward economic economic spiral. In addition, they need to change the rules and regulations that allowed the problem to emerge in the first place, and add new rules and regulations as needed to lower the moral hazard worries going forward.”

Exactly.

(NB: it’s worth noting that the housing bill, which the Senate is considering today, would do just this. Better late than never. But it should have been done years ago.)

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Make Him Stop!

by hilzoy I really don’t want to write about all McCain gaffes all the time. I have lots of interesting ideas for other posts. But if he keeps saying these things, what am I supposed to do — especially since the media doesn’t seem all that interested in covering them? In his interview with the … Read more

More Disgrace

by hilzoy Ezra Klein manages to find the perfect analogy for McCain’s comments on Social Security: “There are criticisms that people make of Social Security, most of them relating to a mismatch between the program’s revenue and its future obligations. But McCain’s comment is very different. It’s like if lots of people made fun of … Read more

Whining

by hilzoy Phil Gramm, McCain’s “Econ Brain” said this in an interview published yesterday: “”You’ve heard of mental depression; this is a mental recession,” he said, noting that growth has held up at about 1 percent despite all the publicity over losing jobs to India, China, illegal immigration, housing and credit problems and record oil … Read more

Diplomacy 101

by hilzoy Looking around at the reaction to Bush’s parting remarks at the G8, I find, not to my surprise, some responses like this, from Samizdata: “Apparently, the humourless twerps who lead many of the world’s main industrial nations got a touch of the vapours over these parting remarks from the President as he left … Read more

FISA

by hilzoy I hate, hate, hate the FISA bill. I hate, hate, hate that Obama voted for it and its cloture motion. The fact that he voted for the three amendments (1, 2, 3) is some consolation, but not nearly enough. (McCain didn’t even show up. The last time he voted in the Senate was … Read more

McCain’s Economists

by hilzoy When John McCain released his economic plan (pdf) the day before yesterday, he also released a statement, signed by 300 economists, in support of his economic plan. I was curious about it — for one thing, the economists’ statement does not mention some central aspects of the plan released the same day, like … Read more

Even More McCain

by hilzoy Honestly, I don’t want to be writing about McCain’s various displays of economic ignorance all the time. But he keeps coming up with statements that are just so jaw-droppingly awful that I have to. The latest is a CNN interview from this morning, which is posted, with its transcript, here. Rather than go … Read more

McCain: Deceptive Or Stone Cold Ignorant

by hilzoy I was watching CSPAN yesterday, while I was eating dinner, and who should I see but John McCain. And he said the most extraordinary thing. It’s the second paragraph of the excerpt that follows; I’ve included the rest so that you can see that there was no context that made it seem more … Read more

Slavery!

by hilzoy Jonah Goldberg strikes again: “There’s a weird irony at work when Sen. Barack Obama, the black presidential candidate who will allegedly scrub the stain of racism from the nation, vows to run afoul of the constitutional amendment that abolished slavery. For those who don’t remember, the 13th Amendment says: “Neither slavery nor involuntary … Read more

Candidates Diverge

by hilzoy

This is a very puzzling article. Here’s the lede:

“Sens. Barack Obama and John McCain are both proposing dramatic changes to Social Security, taking on the financially fragile “third rail of American politics” that Congress and recent presidents have been unable to repair.”

Here’s Matt Yglesias’ comment on it:

“This is a great lead except for the fact that Obama is not proposing dramatic changes to Social Security. Well, there’s also the fact that the projected deficits for Social Security are smaller and more manageable than those projected for the other entitlement programs (Medicare and Medicaid) and that the non-entitlement portion of the budget is running a huge deficit right now. Under the circumstances, Social Security would seem to be the least financial fragile aspect of the federal budget. And one more thing — to say “that Congress and recent presidents have been unable to repair” Social Security implies that recent presidents and Congresses have been trying to repair it when, in fact, George W. Bush’s Social Security proposals were, like John McCain’s, aimed at phasing the program out.

I think I’m afraid to read past the lede of that particular story.”

I, however, am willing to rush in where even Matt fears to tread:

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Thank You, Haley Barbour

by hilzoy CNN: “Prisons in Mississippi got coffee makers, pillowcases and dinnerware — all intended for victims of Hurricane Katrina. The state’s Department of Wildlife, Fisheries and Parks took more coffee makers, cleaning supplies and other items. Plastic containers ended up with the Mississippi Department of Finance and Administration. Colleges, volunteer fire departments and other … Read more

Lie To Me Some More

by hilzoy

Item 1, from Jared Bernstein:

“When it comes to taxes, Obama has drawn a firm line in the sand at $250,000. He cuts taxes for the vast majority of families — more than 95% — and raises taxes only on those with incomes above $250,000. Whether its income taxes, payroll taxes, capital gains, or stock dividends, his plan does not raise taxes on anyone below $250,000. He articulated this point today: “…if you’re a family making less than $250,000, my plan will not raise your taxes — not your income taxes, not your payroll taxes, not your capital gains taxes, not any of your taxes.”

Yet, from McCain’s speech today: “If you believe you should pay more taxes, I am the wrong candidate for you. Senator Obama is your man. The choice in this election is stark and simple. Senator Obama will raise your taxes.””

Here’s McCain’s speech. Read it for yourselves: it says exactly what Bernstein says it does. Here’s a quick summary of McCain’s and Obama’s tax proposals, and here (pdf) is the longer Tax Policy Center Report. See for yourselves: Obama does not propose to raise taxes on people making under $250,000 a year.

So unless McCain was addressing an audience made up entirely of people who make over $250,000 a year in his Denver Town Meeting, he was lying.

More lies below the fold.

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Just For Giggles

by hilzoy From NRO’s Campaign Spot (h/t Attackerman): “So, the recent news out of the Obama camp is that they’re planning a huge rally with thousands of people in a stadium, want to create a mandatory youth corps for national service, and are thinking about a big dramatic speech in Berlin. It’s like they’re trying … Read more

Lie To Me, Baby

by hilzoy From Politico: “Sen. John McCain (R-Ariz.) plans to promise on Monday that he will balance the federal budget by the end of his first term by curbing wasteful spending and overhauling entitlement programs, including Social Security, his advisers told Politico. The vow to take on Social Security puts McCain in a political danger … Read more

Conservatives And Jesse Helms

by hilzoy

I haven’t written anything about Jesse Helms’ death, since I don’t like speaking ill of the dead. However: every so often, conservatives wonder: why oh why do people think that the Republican party, and/or the conservative movement, is bigoted? I think that the conservative response to Helms’ death ought to settle that debate once and for all.

[UPDATE: I’m talking about about the Republican Party as an institution, not its individual members. Of course there are bigots and non-bigots in both parties. Ditto “the conservative movement”: I meant to refer to it as an organized force, not to all its members. Sorry not to have said this more clearly. END UPDATE.]

More below the fold. Note that I have largely restricted myself to conservatives’ own words (and not random bloggers, but people and magazines with some standing in conservative circles), and to Helms’ words and actions.

For my part, I’ll just echo Matt:

“Conservatives are taking a line that I might have regarded as an unfair smear just a week ago, and saying that Helms is a brilliant exemplar of the American conservative movement.

And if that’s what the Heritage Foundation and National Review and the other key pillars of American conservatism want me to believe, then I’m happy to believe it. But it reflects just absolutely horribly on them and their movement that this is how they want to be seen — as best exemplified by bigotry, lunatic notions about foreign policy, and tobacco subsidies.”

And Ezra:

“Some of my conservative friends often complain about the difficulty of constructing a “usable history” out of the movement’s recent past, and I sympathize with their plight. When leading exemplars of your political tradition were trying to preserve segregation less than four decades ago, it’s a bit hard to argue that your party, which is now electorally based in the American South, is really rooted in a cautious empiricism and an acute concern for the deadweight losses associated with taxation. That project would really benefit, however, if more of them would step forward and say that Helms marred the history of their movement and left decent people ashamed to call themselves conservative. The attempt to subsume his primary political legacy beneath a lot of pabulum about “limited government and individual liberty” (which did not apparently include the liberty of blacks to work amongst whites or mingle with other races) is embarrassing. But if it goes unchallenged, what are those of us outside the conservative movement to think?”

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Isn’t This Reassuring?

by hilzoy Via Effect Measure, the AJC: “At the Centers for Disease Control and Prevention’s new $214 million infectious disease laboratory in Atlanta, scientists are conducting experiments on bioterror bacteria in a room with a containment door sealed with duct tape. The tape was applied around the edges of the door a year ago after … Read more

Happy Fourth Of July

by hilzoy Lincoln’s Lyceum Address, 1838: “We find ourselves in the peaceful possession, of the fairest portion of the earth, as regards extent of territory, fertility of soil, and salubrity of climate. We find ourselves under the government of a system of political institutions, conducing more essentially to the ends of civil and religious liberty, … Read more

Much Ado About Nothing

by hilzoy

(I see that publius just posted on this, but since mine is slightly different…)

Today, Barack Obama gave a speech on veterans that was instantly drowned out by the furor over this statement:

“I continue to believe that it is a strategic error for us to maintain a long-term occupation in Iraq at a time when the conditions in Afghanistan are worsening, Al Qaeda has been able to establish bases in the areas of northwest Pakistan, resources there are severely strained, and we’re spending $10 to $12 billion a month in Iraq that we desperately need here at home, not to mention the strains on our military.

So my position has not changed, but keep in mind what that original position was. I’ve always said that I would listen to commanders on the ground. I’ve always said the pace of withdrawal would be dictated by the safety and security of our troops and the need to maintain stability. That assessment has not changed. And when I go to Iraq and have a chance to talk to some of the commanders on the ground, I’m sure I’ll have more information and will continue to refine my policies.”

After the media went into a frenzy, he held another press conference at which he said that one of the points that was not up for refining was his commitment to ending the war as soon as possible.

I have a hard time seeing what the big deal is here.

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And Speaking Of Smug …

by hilzoy The inimitable Victor Davis Hanson considers the question: why do rich people support Barack Obama: “After talking to and observing lots of Bay Area affluent and staunch Obama supporters, I think the key to reconciling the apparent paradoxes is done in the following ways. Many enjoying the good life worry that their own … Read more

Obama As A Manager

by hilzoy Barack Obama’s campaign has been a complete surprise to me. I knew Obama was a good candidate — that’s why I supported him. But I had no idea what he would be like as a manager: after all, he hasn’t managed that much. I’ve been astonished by it. And not just by the … Read more

Oh Noes! My Freedoms!

by hilzoy Just in case publius’ quote from Michael Gerson didn’t provide your full quota of amusement for the day, here’s Jeffrey Lord, “a former political director in the Reagan White House”, in The American Spectator: “Remember this gem a while back from Barack Obama? “We can’t drive our SUVs and, you know, eat as … Read more

Posting Rules Change

by hilzoy We have decided to add something to the posting rules. Here it is: “We have no desire to censor people whose views we disagree with. However, there is a difference between stating and defending an unpopular position on the one hand, and repeated drive-by insults on the other, and the fact that we … Read more

Clark

by hilzoy On Sunday Wes Clark said this: “CLARK: Because in the matters of national security policy-making, it’s a matter of understanding risk. It’s a matter of gauging your opponents, and it’s a matter of being held accountable. John McCain’s never done any of that in his official positions. I certainly honor his service as … Read more

Obama And Affordable Housing

by hilzoy

While I was away, the Boston Globe had a story on Obama and some Chicago affordable housing projects that sound pretty bad. If you read the article carefully, the actual story seems to come down to this:

First:

“As a state senator, the presumptive Democratic presidential nominee coauthored an Illinois law creating a new pool of tax credits for developers. As a US senator, he pressed for increased federal subsidies. And as a presidential candidate, he has campaigned on a promise to create an Affordable Housing Trust Fund that could give developers an estimated $500 million a year.

But a Globe review found that thousands of apartments across Chicago that had been built with local, state, and federal subsidies – including several hundred in Obama’s former district – deteriorated so completely that they were no longer habitable.”

Second, some of these failed projects were developed by Obama associates, supporters, and contributors. Third, some of them are in Obama’s old State Senate district, and he doesn’t seem to have done much about them.

I have no interest in defending Obama on the second and third points. I don’t know much about them. Some blog coverage of this story is wrong: contrary to some summaries of this article, Obama did not “run” these projects, and Grove Parc, the development the Globe story focusses on, was redeveloped by a public-private partnership in 1990, while Obama was still in law school. After citing a description of this project, Rick Moran writes: ” Obama pushed hard to finance these projects back in the 1990’s.” Projects with this legal structure, yes. This project, no.

The story here, to my mind, is not: Obama got support for the projects the article describes. It’s: Valerie Jarrett, one of his close advisors, let this continue after her group took over management of the project in 2001. It’s worth noting, though, that Jarrett and the company she now heads, Habitat, did not need Obama’s help to get into this business: when the Chicago Housing Authority was put into receivership in 1987 (before Obama went to law school), they were appointed its receivers. When Jarrett met Obama, and for quite a while afterwards, he would have been the one needing her help, not the other way around. That in no way excuses her allowing this property to deteriorate, or Obama’s not doing anything about it. I mention it only because when I read the blog coverage, a lot of people seemed to think that this story was about Obama getting contracts for his buddies. And I really don’t think that’s accurate. When a lot of the contracts mentioned in the story were given out, Obama was not in a position to do any such thing, nor were some of the buddies in question in need of his help.

But I do know a little about housing stuff, enough to find the idea that there’s something suspect about supporting public/private partnerships for low-income housing development a little odd. To get a hint of what bugged me about the Globe story’s presentation of this point, consider this quote:

“Under Mayor Richard M. Daley, who was elected in 1989, the city launched a massive plan to let private companies tear down the projects and build mixed-income communities on the same land.

The city also hired private companies to manage the remaining public housing. And it subsidized private companies to create and manage new affordable housing, some of which was used to accommodate tenants displaced from public housing.

Chicago’s plans drew critics from the start. They asked why the government should pay developers to perform a basic public service – one successfully performed by governments in other cities. And they noted that privately managed projects had a history of deteriorating because guaranteed government rent subsidies left companies with little incentive to spend money on maintenance.”

Chicago’s public housing had been, for decades, a symbol of nightmarish dysfunction:

“Planned for 11,000 inhabitants, the Robert Taylor Homes housed up to a peak of 27,000 people. Six of the poorest US census areas with populations above three people were found there. Including children who are not of working age, at one point 95 percent of the housing development’s 27,000 residents were unemployed and listed public assistance as their only income source, and 40 percent of the households were single-parent, female-headed households earning less than $5,000 per year. About 99.9 percent were African-American. The 28 drab, 16-story concrete high-rises, many blackened with the scars of arson fire, sat in a narrow two-block by 2.5-mile (300 m by 3 km) stretch of slum. The city’s neglect was evident in littered streets, poorly enforced building codes, and scant commercial or civic amenities.

Police intelligence sources say that elevated number of homicides was the result of gang “turf wars,” as gang members and drug dealers fought over control of given Chicago neighborhoods. Its landlord, the Chicago Housing Authority (CHA), has estimated that $45,000 in drug deals took place daily. Former residents of the Robert Taylor Homes have said that the drug dealers fought for control of the buildings. In one weekend, more than 300 separate shooting incidents were reported in the vicinity of the Robert Taylor Homes. Twenty-eight people were killed during the same weekend, with 26 of the 28 incidents believed to be gang-related.”

I do not know much about the Chicago Housing Authority. For all I know, every single person who ever worked for it was as wise as Solon and a saint to boot, and all its problems were the result of disastrous coincidences that were utterly beyond its control. But given the actual history of government-run housing in Chicago, when I read the Globe article citing “critics” who “asked why the government should pay developers to perform a basic public service – one successfully performed by governments in other cities”, I thought: who are these critics? And why isn’t the answer to their question obvious? Namely: whatever works or doesn’t work in other cities, letting the CHA manage public housing in Chicago seems like a really, really bad idea. Maybe it would be less bad now — for all I know, the CHA might have improved a lot. But back in 1990 or so, the question “why not let the government run public housing in Chicago?” would have been like asking “why not let Michael Brown run FEMA?” right after Hurricane Katrina. Maybe Brownie was a great guy, but the appearances were certainly against him.

So if straight public housing was out, what were the alternatives to public-private partnerships?

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McCain, Russia, And The G-8

by hilzoy

Matt Corley of ThinkProgress caught this bit from the end of a Reuters article. Quoting one of McCain’s advisors:

“He also dismissed McCain’s comment last October on Russia and the G-8 as “a holdover from an earlier period,” adding: “It doesn’t reflect where he is right now.””

Matt also noted that McCain didn’t just say he wanted to kick Russia out of the G-8 in October; he said it at the end of last March in his last major foreign policy speech. As I have noted earlier, Fareed Zakaria called this “the most radical idea put forward by a major candidate for the presidency in 25 years.” So: what’s the big deal, and why does it matter if no one knows what McCain’s position on it is?

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Returning To The Battlefield: Abdullah Salih al Ajmi

by hilzoy

Bill Roggio has a story today called “Released Guantanamo detainee behind March suicide truck bombing at Combat Outpost Inman in Mosul”. The bombing itself is a few months old, and got some press at the time. From the Boston Globe:

“Pentagon officials yesterday said Ajmi, who was among more than 500 former Guantanamo inmates who have been released or transferred to other countries, was a dramatic reminder of the danger in releasing those who are avowed terrorists – even to US allies who promise to ensure they will not pose a future threat.”

Several months ago, I hadn’t just read the Seton Hall report on released detainees. But now that I have, I recognized the story. It’s a bit more complicated than those Pentagon officials make it sound.

“While Justice Scalia is clearly wrong about the number of detainee recidivists, his larger point seems to be that the Government, not the courts, should be trusted with separating the sheep from the goats. However, one of the greatest ironies of the whole recidivism debate is that not a single detainee has been released as a result of habeas corpus. All recidivists have been released by the Department of Defense, which has never explained why it released such individuals to “return to waging war” against us. Any assessment of the relative strengths of judicial and political processes should be made with full awareness of the story of ISN 220 [Ajmi], who “returned to the fight” not as the result of any judicial ruling but rather because of a decision made by the political appointees at the Department of Defense who released him despite the objections of the military. (…)

The Combat Status Review Tribunal (CSRT) declared ISN 220 to be an enemy combatant. See Appendix 2. The Tribunal held that he was a “fighter for” the Taliban who engaged in “hostilities” against either the United States or its coalition partners. The Tribunal based its first finding that ISN 220 was a Taliban fighter on two incidents. First, he went AWOL from the Kuwaiti military so that he could travel to Afghanistan to participate in the Jihad. Second, the Taliban issued ISN 220 an AK-47, ammunition, and hand grenades. With respect to the latter finding, the Tribunal considered allegations of five events to conclude that ISN 220 engaged in hostilities: he admitted that he fought with the Taliban in the Bagram area of Afghanistan; the Taliban placed him in a defensive position to block the Northern alliance; he spent eight months on the front line at the Aiubi Center in Afghanistan; he participated in two or three fire fights against the Northern Alliance; and he retreated to the Tora Bora region, and was later captured while attempting to escape to Pakistan.

Less than a year after ISN 220’s CSRT, on May 11, 2005, the Administrative Review Board of the Department of Defense affirmed the CSRT assessments and decided that ISN 220 should be further detained. See Appendix 3. Even with the extraordinary redaction of the Review Board’s report, ample evidence apparently existed for these assessments and the recommendation for continued detention. Specifically, a Government memorandum prepared for the ARB identified three factors that favored continued detention for ISN 220: (1) he is a Taliban Fighter; (2) he participated in military operations against the coalition; and (3) he is committed to Jihad. Moreover, the ARB primarily relied upon two factual bases for its conclusion that ISN 220 was committed to Jihad:

1. [ISN 220] went AWOL [from the Kuwaiti military] because he wanted to participate in the jihad in Afghanistan but could not get leave from the military.

2. In Aug 2004, [ISN 220] wanted to make sure that when the case goes before the Tribunal, they know that he is a Jihadist, an enemy combatant, and that he will kill as many Americans as he possibly can. (Emphasis added). (…)

While the documents which have been released strongly suggest that ISN 220 should still be detained, there are no available records indicating why he was released or who is responsible for the release. The only thing that can be said with assurance is that, Justice Scalia to the contrary notwithstanding, no federal judge is responsible. Perhaps if the process were more transparent, such a grave mistake would not have been made.”

So: Ajmi was captured on a battlefield. He said he was there because he wanted to join the jihad. He also said that if released, he would kill as many Americans as possible. That means that the government had plenty of evidence that he was an enemy combatant, as alleged. And this evidence wasn’t somehow suspect; it was his very own statements.

All that habeas motions give a detainee is the right to ask: is the government holding me for a good reason? If the answer is ‘yes’, then the detainee goes back to jail. (That’s why there’s no problem with allowing Osama bin Laden habeas rights: there’s more than enough evidence to hold him either as an enemy combatant or on any number of straightforward criminal charges, like murder.) In Ajmi’s case, the military seems to have had excellent reasons for thinking that Ajmi was an enemy combatant. Had he been allowed to file a habeas motion, he would probably have been sent back to jail.

The only reason why he might have been released is if all the evidence against him was produced under torture. That seems unlikely, given that some of the evidence that he was an enemy combatant was his having been captured at Tora Bora. But even if that were true, it would indicate not a problem with our legal system, but with this administration’s use of torture, which defied not only basic moral norms, but also the requirements the government should have followed if it wanted to convict actual terrorists in a court of law.

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Making Eye Babies

by hilzoy The DoJ Inspector General’s report (pdf) on politicizing hiring at DoJ, which I wrote about here, mentioned one Esther Slater McDonald, and claimed that she had violated DoJ policy and federal law by taking people’s political affiliation into account in hiring decisions. She’s the one who did Google searches on candidates, circled things … Read more

With A Broomstick

by hilzoy I read this report last week, but it has taken me a while to blog it. It’s too awful. It’s by Physicians for Human Rights. They found and interviewed eleven detainees, held in Guantanamo, Iraq, and Afghanistan, about their treatment. They then gave them medical exams to see whether their various claims about … Read more

“Unless A Soldier Has A Personal Fortune …”

by hilzoy From the Army Times, via VetVoice: “His lifelong dream of becoming a soldier had, in the end, come to this for Isaac Stevens: 28, penniless, in a wheelchair, fending off the sexual advances of another man in a homeless shelter. Stevens’ descent from Army private first class in 3rd Infantry Division began in … Read more

Politicizing the Department Of Justice

by hilzoy

When I first saw this story, about how “Justice Department officials improperly used political and ideological factors to screen applicants for the agency’s prestigious honors and summer intern programs”, I didn’t immediately flag its importance. I suspect that this was because of the phrase “the agency’s prestigious honors and summer intern programs”, which suggested small, unimportant programs, a sort of DoJ analog to the Congressional Page program. It was only when I sat down to read the DOJ Inspector General’s report (pdf) that the story is based on that I realized that I was wrong.

According to the report (p. 3), “The Attorney General’s Honors Program is the exclusive means by which the Department hires recent law school graduates and judicial law clerks who do not have prior legal experience.” That is: it’s not some minor program; it’s one of the main ways in which DoJ lawyers get hired. Their appointments are permanent. Moreover, the people who are hired under this program are career, not political, appointees, which means that it is against the law to take politics into account when hiring them. But according to the report, for two of the five years it covers, political considerations were huge:

“The documentary evidence and witness interviews also support the conclusion that two members of the 2006 Screening Committee, Esther Slater McDonald and Michael Elston, took political or ideological affiliations into account in deselecting candidates in violation of Department policy and federal law. For example, the evidence showed that McDonald wrote disparaging statements about candidates’ liberal and Democratic Party affiliations on the applications she reviewed and that she voted to deselect candidates on that basis.

We also found that Elston, the head of the 2006 Committee, failed to take appropriate action when he learned that McDonald was routinely deselecting candidates on the basis of what she perceived to be the candidates’ liberal affiliations. The evidence also showed that Elston himself deselected some candidates – and allowed the deselection of others – based on impermissible considerations.” (p. 99)

Or, to quote the member of the screening committee whom the IG found to have acted in good faith:

“I’m still kind of reeling from the résumés that you . . .showed me . . . people from Harvard, Yale, Stanford who were deselected. There were a lot of them. And I am shocked and very disappointed about that. . . . I didn’t know that this was going on. I thought that this was being conducted in good faith. I was conducting my reviews in good faith and making my recommendations based on merits and what I thought were the people [who] were going to be the most qualified candidates for the Department. And I’m sickened by this. And I’m not happy that I’m associated with this.” (p. 75)

If you read the whole report, or even just the part that focusses on 2006 (the worst year), it is sickening. You can see some of the data from the report here; it’s really worth looking at. (Percentages of identifiably liberal vs. identifiably conservative candidates who were rejected, etc.) Some other highlights below the fold.

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Still More Lobbyists …

by hilzoy TPM cites Roll Call: “For almost two years former Homeland Security Secretary Tom Ridge failed to register a nearly half-million-dollar lobbying contract that he had with the government of Albania. Ridge filed a registration statement on behalf of the country earlier this month after being contacted by the Department of Justice. … Ridge’s … Read more

Returned To The Battlefield

by hilzoy In his dissent in Boumedienne (pdf), Justice Scalia wrote: “At least 30 of those prisoners hitherto released from Guantanamo Bay have returned to the battlefield.” When I read this, I wondered about the word ‘returned’, since it seems to assume that these detainees were enemy combatants when they were captured. But I didn’t … Read more

You Rang? (Ambinder On Hume)

by hilzoy Publius asks: what on earth does Marc Ambinder mean when he writes: “Let’s put aside our Humean selves and ask: is Black right? Regrettably, despite being a philosopher and all, I have absolutely no idea. I do know a few things that he couldn’t possibly mean, though. For starters, Ambinder couldn’t be referring … Read more