You don't like having no ability to speak out!  Watch these 2 short videos, 
particularly one on Obama and George Stephanopolous and CALL IN!!!!! ARHATA








We scored an amazing mass media victory this week, which we must immediately 
build on and expand, when first Keith Olbermann took note of the fact that the 
number one question on the Obama "change" site was asking about a special 
prosecutor for the torture and wiretap crimes of the Bush administration.

http://www.youtube.com/watch?v=tPTHvMJYKLY 

Then George Stephanopoulos asked Obama himself to answer the question directly 
on This Week on Sunday.   First, Obama tried to duck the
 question with a talking point that could have come straight out of Karl Rove's 
twisted mouth, that he was "looking forward not backward".   But, when pressed 
by Stephanopoulos, Obama also suggested that
 it would largely be up to Eric Holder, his attorney general nominee.

http://blogs.abcnews.com/george/2009/01/obama-leaves-do.html 

Bingo, that's it.   We must now literally FLOOD the phones of key selected 
members of the Senate Judiciary Committee with calls for Eric Holder to answer 
how he will uphold the rule of law with respect to the crimes of the outgoing 
administration.  
 The confirmation hearing starts this Thursday at 9:30 AM, so we have to jump 
all over this in the couple days between now and then.

You can reach any Senator tollfree by calling either 800-828-0498 or 
800-473-6711 and asking to be connected to them by name.

During the confirmation hearings for Mukasey, and especially in subsequent 
hearings, Democrats on the Senate Judiciary Committee had some pointed and 
pithy things to say about accountability, and we need to remind them of the 
arguments they made before, and to hold Eric Holder to at least the same 
standard.   Based on these past statements, the best prospects we have are 
these in roughly this order.

1) Senator Sheldon Whitehouse (RI)

2) Senator Dick Durbin (IL)

3) Senator Patrick Leahy (VT)

4) Senator Russ Feingold (WI)

Please call each of the four above if you can, and do some other Democrats if 
you have time.   Other possible good advocates
 are Senator Ted Kennedy (MA), and even maybe Senator Chuck Schumer (NY).   
Though you will recall that the only Democrats who voted for Mukasey in 
committee were Schumer and Feinstein, otherwise he never would have made it to 
a vote in the full Senate, where he barely squeaked though with the smallest 
margin ever.   And this was despite the fact that any fool could tell up front 
he would be nothing but a made man for the Bush crime family.   Don't even 
bother calling the Republicans.

OK, so here's the plan.   Because the members of the Judiciary Committee 
represent the whole country you have every right to ask them to represent your 
concerns, even if you are not from their own state (but all the better if you 
are).   We call each of the above, with SPECIFIC REFERENCE to their own past 
statements, as detailed in each of the sections further below, and appeal to 
them to simply make the same points they made in opposing
 Mukasey, and then Holder WILL be confirmed by standing for the proposition 
that nobody is above the law.

Beside the points specific to each senator, our two general talking facts are 
that

1) the number one question on Obama's own site was a special prosecutor for 
torture and wiretapping by the Bush Administration, and

2) Obama said in response (to Stephanopoulos) that Eric Holder was "the 
people's lawyer" and that "his job is to uphold the Constitution."

So we need to lead in with, and find a way to weave both of these talking facts 
into ALL of our communications this week, in some paraphrase or another.   The 
corporate media is already working to marginize both, so we must REPEAT them as 
much as possible.   In this way we create a powerful mantra vibration.

THIS LAST POINT IS ABSOLUTELY DROP DEAD CRITICAL

If we can get at least one Senator to simply STATE these two facts on the 
record during the
 confirmation in their own questioning we are on our way to victory.   If you 
are really motivated, call progressive radio shows and propagate the talking 
facts there too.

If you click on the link for the Stephanopoulos interview above you will notice 
that the third section (about Eric Holder) has been CUT off the video, even 
though it is still on the page in the transcript.   This is no accident.   The 
whole thing was there in the video when first posted, and then it got cut 
short.   Why?   Because our the sworn enemies of the people in the corporate 
media will try to propagate only the "look forward not backward" talking point.

But OUR talking fact from that Obama response is the Eric Holder responsibility 
thing, and we must emphasize and focus on that.

Now for the specifics you will need to know Senator by Senator to talk to their 
offices.   REMIND them of what they said before.   We encourage
 you to watch the YouTube clips linked below if you want lots of good stuff to 
use in your conversation, but just the excerpts below are certainly adequate to 
adapt into your own words, which is also important to do.

***********************

SHELDON WHITEHOUSE (RI)

***********************

This is a beauty situation because Whitehouse specifically lambasted Mukasey 
about the idea that we shouldn't look backward (the evil talking point) at the 
"Oversight of the U.S.  Department of Justice" hearing of July 9, 2008 as 
follows from this YouTube clip:

http://www.youtube.com/watch?v=6xye-zsfeEs&feature=related 

"In the eight months you have been in office, have you had occasion yet to 
determine whether waterboarding is torture."

When Mukasey said no, he had not bothered, Whitehouse said.

"I
 detect a very pronounced reluctance to look backward into the problems at the 
Department of Justice."

And he continue at length on this subject adding,

"It is highly inadequate to have this only look going forward approach that I 
detect.   It is very important I think that we also be prepared to look 
backwards, find out exactly what went wrong and clean it up."

To put this in context, at Mukasey's original confirmation (July 18, 2008, 2nd 
day, afternoon session), he had expressly demanded to know if Mukasey 
considered waterboarding to be torture saying.

http://www.washingtonpost.com/wp-srv/politics/documents/transcript_mukasey_hearing_day_two_101807.html
 (transcript of entire 2nd day)

WHITEHOUSE:  "So is water-boarding constitutional?"

MUKASEY:  "I
 don't know what's involved in the technique.  If water-boarding is torture, 
torture is not constitutional."

WHITEHOUSE:  "If water-boarding is constitutional is a massive hedge."

MUKASEY:  "No, I said, if it's torture.  I'm sorry.  I said, if it's torture."

WHITEHOUSE:  "If it's torture?  That's a massive hedge.  I mean, it either is 
or it isn't.   Do you have an opinion on whether water-boarding, which is the 
practice of putting somebody in a reclining position, strapping them down, 
putting cloth over their faces and pouring water over the cloth to simulate the 
feeling of drowning -- is that constitutional?"

MUKASEY:  "If it amounts to torture, it is not constitutional."

WHITEHOUSE:  "I'm very disappointed in that answer.  I think it is purely 
semantic."

But at the end Mukasey had promised him,

MUKASEY:  "I'm going to pledge to undertake to
 review the practices."

So you can understand how outraged Whitehouse was when Mukasey tried to play 
totally dumb on this same subject eight months later.

Obama has already stated himself that waterboarding is torture.   Bush and 
Cheney have now both admitted to authorizing waterboarding.   So it MUST be 
prosecuted.   This is not optional.   And no attorney general of the people can 
have any other response and still uphold the law and the Constitution they are 
sworn to protect and defend.

****************

DICK DURBIN (IL)

****************

>From the same transcript just above Dick Durbin also jammed Mukasey about 
>torture practices.

DURBIN:  "We had questions yesterday about the issue of torture under the 
Geneva Conventions.  The techniques which have been attributed to this 
administration involve painful stress positions, threatening detainees with 
dogs, forced nudity,
 water-boarding -- that is, simulated drowning -- and mock execution.

When we had the judge advocates general testify, I asked, point blank, whether 
they believed that these techniques violated the Geneva Conventions.  They said 
yes.

And I asked if they felt if those techniques were used against an American 
detainee, they would be violative of the Geneva Convention.  And they answered 
in the affirmative.

What is your opinion?"

Mukasey gave a totally evasive answer.

Then eight months later at the "Oversight of the U.S.  Department of Justice" 
hearing of July 9, 2008, Durbin emphasized in this YouTube clip that

http://www.youtube.com/watch?v=6xye-zsfeEs&feature=related 

"I have written several letters, Senator Whitehouse joined me in those letters, 
to you and to others, asking if you
 were going to investigate whether there was any criminal wrongdoing by members 
of this administration, relative to the establishment of standards for the 
treatment of detainees and the use of torture."

Durbin referenced various reports that concluded that torture HAD occurred, and 
further demanded that Mukasey "make a clear break and initiate this 
investigation."

Durbin clearly believes there cannot be a clear break from past practices 
without prosecuting those who committed these crimes in the past.   Not a thing 
has changed.   Neither can the Obama administration nor its new attorney 
general just skate past all these crimes like they never happened.

******************

PATRICK LEAHY (VT)

******************

Tagged on the front of the YouTube clip just above was a snippet of Leahy 
talking about wiretapping in very blunt terms at follows:

"I want someone to go to jail, if they're snooping on
 Senator McCain's passport or Senator Obama's passport, I don't care who it is 
the fact that they're doing this, or they're snooping on John Jones' passport".

Another YouTube clip (starting at about 5:45) from the same hearing has the 
rest of what he said, asking if someone should go to jail for the widespread 
electronic privacy invasion they were getting reports of.

http://www.youtube.com/watch?v=LC6H2srOosY&feature=related 

Mukasey responded that,

"If somebody committed a crime, we are going to do our level best to make sure 
that somebody goes to jail, because that is a deterent, it is the ultimate 
deterrent, it's one of the better deterrents .  .  .  we're going to follow and 
prosecute that case, a prosecutable case."

But obviously Mukasey did no such thing.   There never was a
 prosecution any kind, without which there can be NO deterrence.   And we 
cannot allow the same total disregard for enforcing the law to continue any 
longer.   Eric Holder must commit to prosecuting the crimes which have been so 
long neglected, starting upon his confirmation.

On the subject of torture, Leahy was quoted by NPR at the Senate Judiciary 
Committee vote of Mukasey on Nov 6, 2007 (three weeks after the confirmation 
hearings), as saying,

"The president says we do not torture, but had his lawyers redefine torture 
down in secret memos in fundamental conflict with American values and law."

http://www.npr.org/templates/story/story.php?storyId=16053182 

So what's the deal now?   A mere six months ago Leahy very vociferously wanted 
people to go to jail.   Are those people still criminals or
 not?   That has not changed, and neither can the just result required.

******************

RUSS FEINGOLD (WI)

******************

At the original Mukasey confirmation hearings (July 18, 2008, 1st day, morning 
session), Senator Feingold was especially concerned about warrantless 
wiretapping abuses, stating,

http://www.washingtonpost.com/wp-srv/politics/documents/attorney_general_hearing_101707.html
  (transcript of entire first day)

"When we met a few weeks ago, I asked about your view of the legality of the 
NSA's warrantless wiretapping program, as described by the president.  You said 
that you were, quote, 'Agnostic,' unquote, about whether the president can 
authorize violations of a statutory criminal prohibition and both Senator Leahy 
and Senator Hatch have brought
 this up.

But this was a key issue in my consideration of the nomination of the last 
attorney general, so I want to return to it.  I agree with you.  We're, of 
course, better off if we don't have conflicts in this hearing.  But conflicts 
do arise, conflicts have arisen.  And the United States Supreme Court has 
serious and detailed jurisprudence in this area.

I don't think it's simply a matter of there being gray areas.  I think there is 
a record and there are cases that help inform us, and I'm sure you, in your 
experience and excellent record, would agree with that.

Now, you've had several weeks to consider the question I asked you, so I'll ask 
you again.  Do you believe that the president has the constitutional power to 
authorize violations of the criminal law when acting as commander in chief?"

Mukakey again pretended ignorance.

So wiretapping, one of the two big crimes referred to in the
 top question on Obama's own site, is certainly one of Senator Feingold's great 
personal concerns.   He needs to raise this again with Holder and ask what will 
be done to hold people accountable for any crimes committed.

******************

CHUCK SCHUMER (NY)

******************

Perhaps Schumer feels guilty about being one of only two Democrats to allow 
Mukasey to slide through at the original Judiciary Committee level.   But he 
certainly expressed his total disgust eight months later (by the end of this 
YouTube clip), when Mukasey would not even concede that Karl Rove ought to be 
interviewed about the gross abuse in the prosecution of the Siegelman case.

http://www.youtube.com/watch?v=m4nl3Beb69A&feature=related 

This is not specific to either torture or wiretapping, but if accountability is
 important to Senator Schumer, he must at the same time agree that there is 
much still left unaccounted for, and criminally so, from the bad Bush years.   
He described his feelings as being very "troubled".   How is he to be 
untroubled unless the new attorney general now enforces the law for a change?

**************

OTHER SENATORS

**************

At the vote on Mukasey in the Senate Judiciary Committee, Senator Ted Kennedy 
(MA) asked why, in essence, the Senate should trust Mukasey's assurance about 
enforcing a new law when laws on the books already prohibit waterboarding.   He 
had not participated in the original confirmation hearings because he was in 
surgery at that time.

http://www.npr.org/templates/story/story.php?storyId=16053182 (same link as 
above)

As to Senator Kennedy, if you have
 time to call him as well, and the other Democratic Senators on the Judiciary 
Committee, Herb Kohl (WI), Dianne Feinstein (CA), Benjamin Cardin (MD), and for 
the next week only Joe Biden (DE), you can just make the general arguments that 
we cannot in any way have rule of law for the future unless the crimes of the 
past are prosecuted to the full extent of that law.   Again, don't bother with 
the Republicans.   They have already been instructed by Karl Rove to set their 
own "markers", which is why it is all the more critical that we set OURS, for 
accountability.

We hope this email was not too awfully long in trying to cover this ground.   
And we hope you appreciate the work required to compile all this stuff..   We 
have tried here to extract the most relevant and compelling segments.   For 
those interested in further exploration, here again are the links to the 
original Mukasey confirmation hearing transcripts (two days),
 and the corresponding videos (two clips of about 2 hours each, AM and PM from 
each day).

http://www.washingtonpost.com/wp-srv/politics/documents/attorney_general_hearing_101707.html
 

http://www.washingtonpost.com/wp-srv/politics/documents/transcript_mukasey_hearing_day_two_101807.html
 

http://www.cspan.org/Watch/watch.aspx?MediaId=HP-A-7382 (day 1 AM)

http://www.cspan.org/Watch/watch.aspx?MediaId=HP-A-7386 (day 1 PM)

http://www.cspan.org/Watch/watch.aspx?MediaId=HP-A-7393 (day 2 AM)

http://www.cspan.org/Watch/watch.aspx?MediaId=HP-A-7394 (day 2 PM)

Now, go get 'em folks.   We want our Senators loaded for bear this Thursday.   
And we can hardly wait until the first one says for the record, "As I 
understand it, the top voted question on the President-Elect's site at 
change.gov was whether there should be a special prosecutor for torture, 
wiretapping and other possible crimes committed by the past administration, and 
President-Elect Obama had deferred to you, Mr.  Holder, on that."

Please take action NOW, so we can win all victories that are supposed to be 
ours, and forward this alert as widely as possible.

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