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	<title>Comments on: The White House Lawyers</title>
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	<description>Christopher Lydon in conversation on arts, ideas and politics</description>
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		<title>By: shoshm</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74545</link>
		<dc:creator>shoshm</dc:creator>
		<pubDate>Sun, 21 May 2006 08:52:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74545</guid>
		<description>Something that I think needs to be added to the discussion about the questionable right of the government to compile our phone numbers and the numbers we are calling is:  how is the government going to use this information.  Bush said that &#039;innocent&#039; Americans had nothing to fear about this program.  Who is going to define &#039;innocent&#039;?



Several years ago Rumsfeld and the administration was suing Greenpeace based on some law from, I think, the early 1800s, that had been passed because of pirate ships on the coast stopping and stealing from other ships.  The action by the government was largely seen as trying to backrupt Greenpeace, whom Rumsfield called a terrorist group.



So, if the Bush administration decides someone is not an &#039;innocent&#039; American, how is this phone database going to be used?</description>
		<content:encoded><![CDATA[<p>Something that I think needs to be added to the discussion about the questionable right of the government to compile our phone numbers and the numbers we are calling is:  how is the government going to use this information.  Bush said that &#8216;innocent&#8217; Americans had nothing to fear about this program.  Who is going to define &#8216;innocent&#8217;?</p>
<p>Several years ago Rumsfeld and the administration was suing Greenpeace based on some law from, I think, the early 1800s, that had been passed because of pirate ships on the coast stopping and stealing from other ships.  The action by the government was largely seen as trying to backrupt Greenpeace, whom Rumsfield called a terrorist group.</p>
<p>So, if the Bush administration decides someone is not an &#8216;innocent&#8217; American, how is this phone database going to be used?</p>
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		<title>By: Jon Garfunkel</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74544</link>
		<dc:creator>Jon Garfunkel</dc:creator>
		<pubDate>Wed, 17 May 2006 02:04:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74544</guid>
		<description>I missed this show-- and I forgot to press beforehand to push Francisco on the &quot;it&#039;s just a goddamned piece of paper&quot; philosophy, per &lt;a href=&quot;/presidential-signing-statements/&quot; rel=&quot;nofollow&quot;&gt;last week&#039;s show on signing statements&lt;/a&gt;. Did it come up?</description>
		<content:encoded><![CDATA[<p>I missed this show&#8211; and I forgot to press beforehand to push Francisco on the &#8220;it&#8217;s just a goddamned piece of paper&#8221; philosophy, per <a  href="/presidential-signing-statements/" rel="nofollow">last week&#8217;s show on signing statements</a>. Did it come up?</p>
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		<title>By: Larry West</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74543</link>
		<dc:creator>Larry West</dc:creator>
		<pubDate>Tue, 16 May 2006 05:09:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74543</guid>
		<description>Geoff--Thanks for the point about a pundit who repeats a &#039;talking point&#039; while not contributing to the dialogue.



I am most disturbed about using a &#039;war on terrorism&#039; as justification for chilling open discussion on policies and ethics. Wars are declared by Congress against specific enemy countries or at least real people. Wars on drugs, poverty, or crime are perennial challenges to societies, not meant to be taken as reality or the basis of rational thought.



I believe Professor Wilentz raised the point that if we must have some way of talking about the legitimacy and ethics of the Bush administration tactics. Lawyers are hired to advocate for their clients. Certainly, the white house lawyers are going to do whatever it takes to please their boss and deflect calls for accountability as long as they can get away with it.</description>
		<content:encoded><![CDATA[<p>Geoff&#8211;Thanks for the point about a pundit who repeats a &#8216;talking point&#8217; while not contributing to the dialogue.</p>
<p>I am most disturbed about using a &#8216;war on terrorism&#8217; as justification for chilling open discussion on policies and ethics. Wars are declared by Congress against specific enemy countries or at least real people. Wars on drugs, poverty, or crime are perennial challenges to societies, not meant to be taken as reality or the basis of rational thought.</p>
<p>I believe Professor Wilentz raised the point that if we must have some way of talking about the legitimacy and ethics of the Bush administration tactics. Lawyers are hired to advocate for their clients. Certainly, the white house lawyers are going to do whatever it takes to please their boss and deflect calls for accountability as long as they can get away with it.</p>
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		<title>By: Geoff Davenport</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74542</link>
		<dc:creator>Geoff Davenport</dc:creator>
		<pubDate>Tue, 16 May 2006 04:57:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74542</guid>
		<description>Post Script:  I&#039;m not suggesting that Chris was soft on Noel Francisco.  Chris did, after all, say that by his reckoning the NSA policies violate the law.  My point is to highlight how common it is for conservative pundits to repeat poorly substantiated views over and over, and how difficult and oncommon, yet important it is for journalists specifically to highlight the rhetorical tricks these guys are using.</description>
		<content:encoded><![CDATA[<p>Post Script:  I&#8217;m not suggesting that Chris was soft on Noel Francisco.  Chris did, after all, say that by his reckoning the NSA policies violate the law.  My point is to highlight how common it is for conservative pundits to repeat poorly substantiated views over and over, and how difficult and oncommon, yet important it is for journalists specifically to highlight the rhetorical tricks these guys are using.</p>
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		<title>By: Geoff Davenport</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74541</link>
		<dc:creator>Geoff Davenport</dc:creator>
		<pubDate>Tue, 16 May 2006 02:27:26 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74541</guid>
		<description>This has been brought up before, but I&#039;ll raise it again.  It&#039;s difficult to have a good discussion when you pit a partisan pundit against a moderate -- particularly a professor-type.  In case people didn&#039;t notice, Noel Francisco was the partisan talking head on this show.  By frequently repeating the same few phrases, such as &quot;narrowly tailored, &quot;well within the law,&quot; and &quot;modest proposals,&quot; he seems to be reading straight off of Karl Rove&#039;s talking points.  Brendan could probably do him up like he did McClellan (&quot;One Right Thing&quot;), with similar results.



I know it is hard to confront a guest when they fall into propagandistic rhetoric, but I was impressed recently when Jim Lehrer dealt with a similar problem.  On May 11 2006, he interviewed Sen. Kit Bond (Republican, MO) and Sen. Patrick Leahy (Democrat, VT) on the NSA phone database.  Bond repeatedly asserted that simply talking about the issue jeopardized US security, making us vulnerable to attack.



- Bond&#039;s answer to first question:  &quot;And the first point I would make is every time we have a leak of classified information like this, it makes us significantly less safe... The more we talk about it, the less safe we are.&quot;



- Bond&#039;s answer to second question:  &quot;First, every time we get something on the record, we are making our country less safe... So every time we talk more about it, then they know more about how to avoid it.&quot;



- Bond&#039;s answer to third question:  &quot;But the more we talk about it in public, the more our country is in danger. And we are much more likely to have a terrorist attack since the discussion of this program has begun.&quot;



Finally, Lehrer called him on it.  But he did so in an impressively graceful way.  First, he invited Leahy to respond directly to this rhetoric:  &quot;That&#039;s what I wanted to ask Senator Leahy. I wanted to -- Senator Leahy, what about Senator Bond&#039;s point? He&#039;s made this two or three times now that just talking about this, the public disclosure in the USA Today, and I guess even the discussion we&#039;re having now, is endangering U.S. security?&quot;  When Leahy didn&#039;t respond very strongly (to my own surprise), Lehrer pressed the point further:  &quot;But he&#039;s saying just the opposite. He&#039;s saying this is making it un-safer, the public disclosure.&quot;  Leahy&#039;s response was still weak.  But even if Leahy was incompetent at challenging the rhetoric, at least Lehrer made a point of bringing the rhetoric to the forefront of the discussion.



I would like to see more journalists call attention to the fact that many conservative interviewees end up repeating talking-points ad nauseum.  I understand the importance of being respectful to guests, but it is also important to point out that this type of propagandist rhetoric is disrespectful both to interviewers and to the listener/viewer/reader/public.



You can read a transcript of the Lehrer interview at http://www.pbs.org/newshour/bb/fedagencies/jan-june06/nsa_5-11.html.  Here, you can also stream audio or video of the interview.</description>
		<content:encoded><![CDATA[<p>This has been brought up before, but I&#8217;ll raise it again.  It&#8217;s difficult to have a good discussion when you pit a partisan pundit against a moderate &#8212; particularly a professor-type.  In case people didn&#8217;t notice, Noel Francisco was the partisan talking head on this show.  By frequently repeating the same few phrases, such as &#8220;narrowly tailored, &#8220;well within the law,&#8221; and &#8220;modest proposals,&#8221; he seems to be reading straight off of Karl Rove&#8217;s talking points.  Brendan could probably do him up like he did McClellan (&#8220;One Right Thing&#8221;), with similar results.</p>
<p>I know it is hard to confront a guest when they fall into propagandistic rhetoric, but I was impressed recently when Jim Lehrer dealt with a similar problem.  On May 11 2006, he interviewed Sen. Kit Bond (Republican, MO) and Sen. Patrick Leahy (Democrat, VT) on the NSA phone database.  Bond repeatedly asserted that simply talking about the issue jeopardized US security, making us vulnerable to attack.</p>
<p>- Bond&#8217;s answer to first question:  &#8220;And the first point I would make is every time we have a leak of classified information like this, it makes us significantly less safe&#8230; The more we talk about it, the less safe we are.&#8221;</p>
<p>- Bond&#8217;s answer to second question:  &#8220;First, every time we get something on the record, we are making our country less safe&#8230; So every time we talk more about it, then they know more about how to avoid it.&#8221;</p>
<p>- Bond&#8217;s answer to third question:  &#8220;But the more we talk about it in public, the more our country is in danger. And we are much more likely to have a terrorist attack since the discussion of this program has begun.&#8221;</p>
<p>Finally, Lehrer called him on it.  But he did so in an impressively graceful way.  First, he invited Leahy to respond directly to this rhetoric:  &#8220;That&#8217;s what I wanted to ask Senator Leahy. I wanted to &#8212; Senator Leahy, what about Senator Bond&#8217;s point? He&#8217;s made this two or three times now that just talking about this, the public disclosure in the USA Today, and I guess even the discussion we&#8217;re having now, is endangering U.S. security?&#8221;  When Leahy didn&#8217;t respond very strongly (to my own surprise), Lehrer pressed the point further:  &#8220;But he&#8217;s saying just the opposite. He&#8217;s saying this is making it un-safer, the public disclosure.&#8221;  Leahy&#8217;s response was still weak.  But even if Leahy was incompetent at challenging the rhetoric, at least Lehrer made a point of bringing the rhetoric to the forefront of the discussion.</p>
<p>I would like to see more journalists call attention to the fact that many conservative interviewees end up repeating talking-points ad nauseum.  I understand the importance of being respectful to guests, but it is also important to point out that this type of propagandist rhetoric is disrespectful both to interviewers and to the listener/viewer/reader/public.</p>
<p>You can read a transcript of the Lehrer interview at <a  href="http://www.pbs.org/newshour/bb/fedagencies/jan-june06/nsa_5-11.html" rel="nofollow">http://www.pbs.org/newshour/bb/fedagencies/jan-june06/nsa_5-11.html</a>.  Here, you can also stream audio or video of the interview.</p>
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		<title>By: oolitic</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74540</link>
		<dc:creator>oolitic</dc:creator>
		<pubDate>Tue, 16 May 2006 02:22:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74540</guid>
		<description>ebanning:



Interesting point.



I think perhaps we should constantly remind ourselves of this fact, and to a small degree inoculate ourselves against the constant KKKarl Rove War Drum. Pre-pend each statement about the &quot;war&quot; with, &quot;Since we are not at war, I think _____ is appropriate.&quot;</description>
		<content:encoded><![CDATA[<p>ebanning:</p>
<p>Interesting point.</p>
<p>I think perhaps we should constantly remind ourselves of this fact, and to a small degree inoculate ourselves against the constant KKKarl Rove War Drum. Pre-pend each statement about the &#8220;war&#8221; with, &#8220;Since we are not at war, I think _____ is appropriate.&#8221;</p>
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		<title>By: ebanning</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74539</link>
		<dc:creator>ebanning</dc:creator>
		<pubDate>Tue, 16 May 2006 00:18:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74539</guid>
		<description>actually, i&#039;ve been reminded recently that we are, in fact, _not_ in a state of war -- we are in no wars, congress has not declared war on anybody. It is true that in time of war the president can wield wide powers, and in light of that fact Congress _must_ declare approve his use of such powers by declaring war. An authorization to use force does not equal a declaration of war, and it scares me that the idea that it does has become so common in our public discourse ...</description>
		<content:encoded><![CDATA[<p>actually, i&#8217;ve been reminded recently that we are, in fact, _not_ in a state of war &#8212; we are in no wars, congress has not declared war on anybody. It is true that in time of war the president can wield wide powers, and in light of that fact Congress _must_ declare approve his use of such powers by declaring war. An authorization to use force does not equal a declaration of war, and it scares me that the idea that it does has become so common in our public discourse &#8230;</p>
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		<title>By: mlillich</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74538</link>
		<dc:creator>mlillich</dc:creator>
		<pubDate>Tue, 16 May 2006 00:12:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74538</guid>
		<description>The &quot;War on Terror&quot; is a metaphor - yes, it is only a metaphor - that the admistration has grasped, mangled and strangled to justify doing whatever the hell it wants to do, internationally and domestically. Pity the media that can&#039;t distinguish metaphor from fact at this point. The only wars we&#039;re in are Iraq and Afghanistan, and the  administration started both of them.



Talk about our country needing to upgrade science education for the next generation. What about education in civics, government, language and rhetoric? We can mitigate technological competitiveness with an enlightened immigration policy. But how do we upgrade the critical thinking and intelligence of the citizenry?



If this administration is not criminal, what in the world does criminal mean?



I am very discouraged.</description>
		<content:encoded><![CDATA[<p>The &#8220;War on Terror&#8221; is a metaphor &#8211; yes, it is only a metaphor &#8211; that the admistration has grasped, mangled and strangled to justify doing whatever the hell it wants to do, internationally and domestically. Pity the media that can&#8217;t distinguish metaphor from fact at this point. The only wars we&#8217;re in are Iraq and Afghanistan, and the  administration started both of them.</p>
<p>Talk about our country needing to upgrade science education for the next generation. What about education in civics, government, language and rhetoric? We can mitigate technological competitiveness with an enlightened immigration policy. But how do we upgrade the critical thinking and intelligence of the citizenry?</p>
<p>If this administration is not criminal, what in the world does criminal mean?</p>
<p>I am very discouraged.</p>
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		<title>By: plaintext</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74537</link>
		<dc:creator>plaintext</dc:creator>
		<pubDate>Mon, 15 May 2006 23:59:04 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74537</guid>
		<description>Great show but I&#039;m still lost in enigmas within enigmas.  I think Prof. Wilentz has it right that perhaps this is not so much an over-reaching of the executive as a abdication by the congress.</description>
		<content:encoded><![CDATA[<p>Great show but I&#8217;m still lost in enigmas within enigmas.  I think Prof. Wilentz has it right that perhaps this is not so much an over-reaching of the executive as a abdication by the congress.</p>
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		<title>By: ebanning</title>
		<link>http://www.radioopensource.org/the-white-house-lawyers/#comment-74536</link>
		<dc:creator>ebanning</dc:creator>
		<pubDate>Mon, 15 May 2006 23:50:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.radioopensource.org/the-white-house-lawyers/#comment-74536</guid>
		<description>Recent polls do not support the statement that Americans 2-to-1 support having their phone records monitored, as far as I know only the first poll, conducted by the Washington Post/ABC News (http://www.washingtonpost.com/wp-dyn/content/article/2006/05/12/AR2006051200375.html) very shortly after the story broke, delivered that result. Two subsequent polls by USA Today/Gallup (http://www.usatoday.com/news/washington/2006-05-14-nsa-reax-poll_x.htm) and Newsweek (http://www.msnbc.msn.com/id/12771821/site/newsweek/) both indicate that at least half of Americans do not approve of this monitoring.</description>
		<content:encoded><![CDATA[<p>Recent polls do not support the statement that Americans 2-to-1 support having their phone records monitored, as far as I know only the first poll, conducted by the Washington Post/ABC News (<a  href="http://www.washingtonpost.com/wp-dyn/content/article/2006/05/12/AR2006051200375.html" rel="nofollow">http://www.washingtonpost.com/wp-dyn/content/article/2006/05/12/AR2006051200375.html</a>) very shortly after the story broke, delivered that result. Two subsequent polls by USA Today/Gallup (<a  href="http://www.usatoday.com/news/washington/2006-05-14-nsa-reax-poll_x.htm" rel="nofollow">http://www.usatoday.com/news/washington/2006-05-14-nsa-reax-poll_x.htm</a>) and Newsweek (<a  href="http://www.msnbc.msn.com/id/12771821/site/newsweek/" rel="nofollow">http://www.msnbc.msn.com/id/12771821/site/newsweek/</a>) both indicate that at least half of Americans do not approve of this monitoring.</p>
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