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Thursday, November 02, 2006

The other day, after waiting as late as possible, I mailed in my Pennsylvania absentee ballot. With regret, I cast no vote in the Senate race. It was never a question of voting for the obnoxious twit, Senator Santorum. Instead, I've been searching for any sort of evidence that the Democrat, Bob Casey, has taken a stance on the important constitutional issues of the day. This, I thought, would permit me to cast a vote for him despite his mediocrity in so many respects.

I never did find any such evidence, despite hours of poking around the internet's cobwebs, so its absence was glaring. The Casey campaign ignored repeated queries; it was as if my concerns did not even register with his staff—though I advised them that if they continued not to respond, I would take them to task about it on line. In the end, I decided it wasn't enough that Casey is not a Republican. I'm looking for scruples, and all he's offering is piffle.

For me, this election is first about restoring constitutionalism and the rule of law. Plenty of other issues take second place, and all the important ones require casting a vote against the Republicans who have dragged the nation through the mud. But upholding and defending the Constitution is not an "issue", in the sense that tinkering with Social Security or even extracting ourselves from the quagmire in Iraq are issues for debate. The Cheney administration has used the Constitution as its doormat, and I can't trust any candidate who doesn't care about stopping it. What's more to the point, I won't pretend to trust a candidate who ducks this, the most important question of our time.

Bob Casey has always given me the impression that he's trying to evade the issue. So I began searching for evidence that Casey has taken a public stance on the Military Commissions Act—the new law that eliminates Habeas Corpus. That is about as clear cut an issue as anybody could wish.

Yet Casey's web site has nothing. My search engine located not a single news account in which Bob Casey addressed the subject. And as I said, although I repeatedly emailed and called his campaign asking whether Casey would have voted for this latest monstrosity of Republican government, never once did I receive the courtesy of a reply.

On that basis, I concluded that I could not in conscience vote for this man. At best, his campaign's silence was a mark of arrogance or disarray. More likely, I supposed, Casey just didn't want voters to discover his views about the rule of law. And who wants send another timid Democrat to Washington? He might turn out to be on the side of all things decent and sane, but then he probably won't ever let on.

To hell with Bob Casey, then. I'll let him know forcefully, I decided, that I'm still waiting for him to stand up for the rule of law, and to stand up against those who make a practice of trampling the Constitution.

Two days after I mailed my ballot—with a clear conscience, mind you—I discovered an audio recording of a recent interview with Casey, which confirmed my worst suspicions and then some. The Editorial Board of the Philadelphia Inquirer sat down to talk to Casey on October 17. In the second installment of the interview, Casey was asked about both the Cheney administration's warrantless wire-tapping and the Military Commissions Bill.

His response about the 'Torture Bill' is appalling. Casey endorses it because, he says, John McCain is serious about making sure that interrogations are as tough as possible (!). Not a word about Habeas Corpus. Not a word about torture, the presumption of innocence…or anything that really matters about the new law. In his dismissive treatment of this constitutional crisis, here is everything I need to know about Mr. Casey.

And I defy anybody to figure out where Bob Casey stands on the illegal wire-tapping that Bush continues to authorize. Casey's comments are so incoherent that at one stage a member of the Editorial Board laughs as he's trying to pin Casey down. Here is a full transcript of the relevant section of the interview:

Philadelphia Inquirer Editorial Board Interviewer: Let me ask you to shift gears to the anti-terrorism initiatives. Last night in the debate, I think you said that you'd support warrantless wiretapping. How does that square with your suspicion about this White House? Why would you be willing to let them do that without judicial oversight? And on the Military Commissions Act, was…would that have been something you would have supported? In general, your outlook on anti-terrorism initiatives….

Bob Casey: Yeah, I think going backwards the, uh, with regard to detainees and interrogation: Look, we've had people like John McCain, and you could give other examples as well, but people who have looked at this for a long time who have been very serious about making sure that we are very tough in our interrogation, that we get as much information as possible from those we detain and interrogate. And also John McCain, showing the kind of independence that Rick Santorum never seems to show, took on the administration and I think they, based upon their experience, I think they got it right and I think we should support, I would have supported that.

Secondly, on the question of wiretaps, my position all along has been we've got to do everything possible and give every tool that government agencies need, intelligence, law enforcement, give them the tools they need to fight this war on terror. And I think we, in terms of wire tapping, whether its terrorists, known terrorists, or suspected terrorists, we've got to, we've got to give this government all the tools it can. And I think what we've seen in the past is that the system that has been setup when its operated according to the law, and when the administration goes and puts a wiretap in place and then comes back later and gets a warrant after the fact, the system that has been set up is a pretty solid system, but they often don't comply with it. You can support having a lot of tough wiretapping, but also support the kind of tough oversight of the administration, which I think has been lacking. And I think we can have the two in balance and right.

Philadelphia Inquirer Editorial Board Interviewer: Well, it might have been misreported this morning, but it certainly seemed to me as if you were endorsing the NSA program which is warrantless wiretapping, without court oversight.

Bob Casey: Well, I think, look, my position all along has been you've got to have the ability to wiretap known or suspected terrorists, and I'm going to make sure that everything I do in this area is focused on anti-terrorism and making sure that we're being as tough as possible to ferret out any kind of plot or any kind of terrorist activity.

Philadelphia Inquirer Editorial Board Interviewer: Bob, it's real simple…hah…and it seems to me you are dancing around it. Either you believe that the President or his designees need to go to the FISA court and provide some probable cause for the wiretapping, or you don't. They say they don't. They say they can do it on their own say so and there's no oversight of whether the person they're wiretapping is actually credibly a terrorist suspect or not. That's the issue. Do they have to go through the FISA court or not? Nobody's debating that we need to wiretap suspected terrorists.

Bob Casey: You know very well that Senator Specter has worked very hard on this, to try to get this right and I think with bi-partisan cooperation, working with people like Senator Specter, as I know I can, that we can get this right. I don't, I don't, I don't see what the...

Philadelphia Inquirer Editorial Board Interviewer: It's a real simple question. Do they need to go through the FISA Court as the FISA law has said since 1973 or don't they? They say they don't. We say they do. What do you say?

Bob Casey: I think it's worked well.

Philadelphia Inquirer Editorial Board Interviewer: WHAT has worked well?

Bob Casey: I think it's worked well when you use that system and you use it in the context of making sure that we are doing everything possible to, to...

Philadelphia Inquirer Editorial Board Interviewer: So, are you saying that the President has been breaking the law since 2002, or whenever the NSA program started?

Bob Casey: I'm saying that people like Senator Specter have a lot of questions about whether or not the law was broken. I don't think anyone has made a determination about that. I think that's pretty clear.

This is Bob Casey at his most wishy-washy. You won't be surprised to learn that his model for an ideal Senator, as Casey says repeatedly, is Arlen Specter.

Comments

10 comments

[1]
So for the next 6 years, you'll be able to feel good about yourself for maintaining your purity.

I just hope that for the next 6 years, the rest of us don't have to put up with Santorum.

Posted by BobB at Friday, November 03, 2006 11:32:27

[2]
Bob,

As I indicated, it's not about purity. It's about the Constitution. If Casey joins the Republicans in acting as if the Constitution is just a scrap of paper, then he's going to make a horrific Senator.

The time to make the point is before the election, not afterwards when Casey is safely ensconced. That is why I've been trying to make this point to Casey for a month now, and to all appearances his staff couldn't give a damn.

Posting a public dissent is a last resort to make an impression upon his thinking before it is too late to budge him. Surely if he can't even be forced during an election to explain his position on a fundamental issue, then his arrogance while in office is likely to become that much greater.

I suspect that Democrats will come to regret his election, if his statements to the Philadelphia Inquirer are an accurate reflection of his thinking. Santorum is dangerous, but he's also a laughing-stock. I fear that a Senator Casey will provide cover to Republicans for many of their most obnoxious projects.

"Raising the alarm about state-sponsored torture, are you? Well, Senator Casey agrees we need tough interrogations of terrorists."

If that's what Casey stands for, then he'll have to count me out.

Posted by smintheus at Friday, November 03, 2006 11:55:56

[3]
It's all well and good to withold a vote for Casey because he's not good enough for you. But what have you accomplished? You know the expression, "letting the perfect be the enemy of the good"?

For me, elections are about damage control: doing whatever it takes to get rid of people like Santorum, Congresswoman Musgrave, etc.

You said, "If Casey joins the Republicans..". He may or may not. But you know Santorum will.

You said the time to make your point is before the election. Wrong. The time to make your point was in the primaries when a better candidate could have been chosen.

My strategy would have been this: threaten his campaign that if he doesn't demonstrate a respect for the Constitution, I'll vote against him. Then, hold my nose and pick the lesser of two evils.

This is the same discussion everyone had about voting for Nader in 2000. Have people learned nothing?

Posted by BobB at Friday, November 03, 2006 12:57:53

[4]
Bob, when did Al Gore turn against the Constitution? I see no comparison between my position and the dissatisfaction with Gore's candidacy. Casey has endorsed extremist Republican positions. What evidence is there that he'll foreswear those positions once elected? And if he did, would you be satisfied that you've elected a Senator who does the opposite of what he says he'll do? I'm taking Casey at his word.

I did threaten Casey that I want to see some respect for the Constitution. His campaign ignored the threat. I think you've got to be prepared to follow through on threats, otherwise you have no leverage over politicians. None.

And I do not make threats, idle or otherwise, about mere "issues". It is not about demanding 'perfection' of a candidate who is merely 'good'. It is a question of upholding the Constitution--or the opposite, shredding it. The Military Commissions Act was not an issue at the time of the primary, and Casey gave no indication at that time that he would be willing to wipe his boots on the Constitution.

You may recall that before the Military Commissions Bill came up for a vote, I declared that I would not vote for any candidate who supported it. I communicated that to the Casey campaign in particular--or tried to, in so far as it's possible to communicate anything to them. Casey made the choice to ignore voters who scruple about the rule of law.

What have I accomplished by coming out publicly against Casey? Perhaps nothing, although I have at least notified the Casey campaign of my position.

What would I have accomplished if I'd voted for a man who doesn't give a damn about Habeas Corpus?

Posted by smintheus at Friday, November 03, 2006 14:10:44

[5]
"What would I have accomplished if I'd voted for a man who doesn't give a damn about Habeas Corpus?"

You would have helped prevent the election of someone who was even worse.

Posted by BobB at Saturday, November 04, 2006 13:38:15

[6]
I'm with you on this, smintheus. I live in NJ, and I'm not voting for Menendez, now or ever (unless he's reelected actually flip-flops on the MCA). I'm also not voting for Rob Andrews, though since there's no GOP nominee in the district that's not much of a threat. Interesting to note, however, that, without an opponent, Andrews had literally no "political" reason to vote for MCA -- he evidently supported it because he really wants the President to be able to kidnap me or my family and torture us, on his say-so, with no oversight or judicial review. He's always been a craven, visionless hack, but I never realized what an utter, principleless creep he was until this vote.

And I think you've hit on the enormous danger of people like Menendez, Casey, Ford, even Sherrod Brown, in the Senate -- torture and authoritarianism can become sick, twisted, Republican plots to destroy the Constitution, or they can become the moderate, centrist position that "responsible people" from both parties take when they're "serious about the War on Terror."

1/4 of the Dems in the Senate have already voted for this monstrosity. If you add a couple more to that, then you'll have a strong, bi-partisan "centrist" consensus in favor of torture and authoritarianism. There's no way the Party will want to play up the issue in 2008 with so little internal consensus -- in fact, they might argue that you should trust the Dem candidate more than his opponent with the Presidency's new, authoritarian powers.

The GOP already supports the "unitary executive" and ongoing, quasi-dictatorial presidential powers. We sure as hell don't need a second political party in DC fighting for the same thing.

Posted by Pesto at Saturday, November 04, 2006 19:41:27

[7]
Pesto, You've highlighted many of my worst fears, particularly that Democrats will give "bipartisan" cover to illegal and disgraceful policies invented by Bush and his band of nuts; and that ultimately the next Democratic president will embrace and even revel in the monarchical power that Bush and Cheney have carved out.

It is a rare thing, in the last half century, when a president has turned his back upon or given up some power, or abuse, that his predecessor invented. The inventions of Bush Co. have become so extremely dangerous that we are in grave peril of watching them turn into established practice in the next few years.

In this regard, extremist 'moderates' are much more dangerous, I believe, than the extremist extremists who now hold most of the reins of power. We've got to rattle the extremist 'moderates' out of their complacency, and there's really no time to lose.

Posted by smintheus at Saturday, November 04, 2006 23:12:41

[8]
Bob, I need my conscience more than Casey needs my vote.

Posted by smintheus at Saturday, November 04, 2006 23:17:40

[9]
Oh, I see: voting is all about making yourself feel good.

Since you've already thrown away your vote, I'm not going to spend much more time on this.

But for the next election, think about what you just did: You care deeply about the Constitution. But you helped elect a candidate who would hurt the Constitution even more than the one who didn't meet your high standards. How, exactly, did your action help to protect the Constitution?

Posted by BobB at Sunday, November 05, 2006 20:43:23

[10]
Would he indeed, Bob? Maybe you need to consider that I have thought about this.

Santorum is a widely ridiculed nut. He gives credibility to nothing that he favors, except among extremists. Further, there is a distinct possibility that even if he were re-elected, he'd be in the minority and relatively powerless.

Casey (still) has a reputation for "moderation". If elected, the media in particular are going to love to use him as the moderate voice of the Dem Party. By coming out in favor of unconstitutional things, he provides cover for the worst elements in the Republican Party; he provides cover for other Dems who would prefer to cave in on basic principles of the rule of law; he makes it very difficult for principled people to cast principled stances as questions of principle.

How does that advantage anybody? Casey is in a real position, if elected (which seems more probable than not) to do much more damage to the rule of law than a nut like Santorum could achieve.

The ONLY credible way to get Casey's notice is to take a stand like this before the election. After the election, you can mutter in his ear all you want; he doesn't need you any longer, so why should he care?

THAT is why I took this stand, not in order to preen or so I could feel good about myself. I thought I made that clear in my post.

As for the quotation you reacted so angrily to, that was borrowed from a Senator who early on took a stand against the Vietnam War. He was reviled at the time as well, for daring to cast his stand as one of principle.

How do you know that you're not going to come to regret Casey's embrace of illegality, later than me but no less intensely?

Posted by smintheus at Monday, November 06, 2006 17:43:37

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