This Week in Political News -- 12/1/11

DEMOCRATS PAVE WAY FOR INDEFINITE DETENTION: On Tuesday, the Senate -- the Democratically-controlled Senate, mind you -- took a giant leap forward toward enacting seriously terrible, morally repugnant legislation on detainee policy. By a 60-38 vote, it defeated an amendment, introduced by Colorado’s own Mark Udall, that would have stripped the two most odious provisions of the National Defense Authorization Authorization. The first provision would require military detention rather than civil detention for terrorist suspects, unless the President grants a special, politically-toxic waiver. The second provision enacts a law authorizing indefinite military detention -- without trial -- of anyone suspected of having ties to al Qaeda or any other group affiliated with them. Both provisions would apply to suspects picked up in the United States (ie, not “on the battlefield”), though the first one, requiring military detention, would not apply to American citizens. The part allowing indefinite detention of terrorism suspects, by contrast, has no exception for American citizens. As Dahlia Lithwick explains, “So forget the presumption of innocence. Forget the protections of the Constitution. If you are suspected of terrorism, you may be held indefinitely, maybe even shipped off to Guantanamo.” Go read Dahlia’s whole piece. It’s a barnburner. (One paritcularly excellent point she makes is that we are stupid if we think these vast new military police powers will be limited to terrorism. Remember that the Patriot Act, supposedly enacted to ensure that another terrorist attack never happens, has been used to investigate and prosecute drug 1,600 cases, versus only 15 terrorism cases.)

FEDERAL JUDGE SCORES ONE FOR THE 99%: Earlier this year, the SEC sued Citigroup for fraud, “alleging that the bank sold investors mortgage-bank securities that the bank knew would default, while claiming that the securities were safe and had been ‘rigorously selected by an independent investment adviser.’” As is typical for SEC suits, the agency quickly reached a settlement with Citi that allowed the bank to escape admissions of guilt and pay a quick $250 million fine -- and to keep the details of what actually happened under wraps. But the case didn’t come out as planned, when a federal judge earlier this week refused to enact the settlement agreement. Judge Rakoff said that allowing the bank to settle without admitting guilt “is neither reasonable, nor fair, nor adequate, nor in the public interest.” YLS Professor John Macey examines the opinion: “Adopting the language of the Occupy Wall Street movement, Rakoff ruled that if judges do not have enough information on which to base their decisions, then the deployment of judicial power ‘serves no lawful or moral purpose and is simply an engine of oppression.’ ‘In any case like this,’ Rakoff wrote, ‘that touches on the transparency of financial markets whose gyrations have so depressed our economy and debilitated our lives, there is an overriding public interest in knowing the truth.’” The judge told the parties to be ready for trial by July. Here’s a great video of Eliot Spitzer (yes, yes, I know) talking about the case and other economic issues. (Is it possible to watch that and not think, What an absurd waste of political talent?)

WELL FOLKS, THIS IS HAPPENING: I don’t really know what to say. Newt Gingrich -- Newt Gingrich -- is currently leading the GOP presidential field. I know, I know -- we’ve been here before. First it was Perry. Then it was Cain. Both have disintegrated so catastrophically it’s almost incredible. And so perhaps I am being naive or engaging in semi-wishful, semi-terrified thinking, but this Newt surge feels different. First, there’s the extent of it: Newt currently tops the field nationally with 38% to Romney’s 17%. That’s a 21-point lead, the largest that has been recorded in this cycle so far. And yes, national polls are silly. But check out Florida, where Gingrich leads Romney by a whopping 24 points; and South Carolina, where he leads Romney by 23 points; and Iowa, where he has an 8 point lead. These are real numbers! Second, there’s the timing. Surging now, with only a five short weeks before the Iowa caucuses, is pretty idea. There’s not that much time for Gingrich to screw up, especially since voters will be paying less attention around the holidays. On the other hand, this year there’s an unusually enormous time lage between the earliest primaries and Super Tuesday, leading Nate Silver to suggest there could be something like a “Buyer’s Remorse Primary,” in which, by March, GOP voters have gotten their Romney-hatred out of their system and come to their senses that the Mittster is their only chance at winning this thing. So if Newt wins some early states, Mitt has time not only to re-sell himself to the voters and fight against the “momentum” that would otherwise carry an early victor, but also the advantage of a better ground game and deeper pockets. Which all means this think likely won’t be over anytime soon.

FAREWELL BARNEY, AND THANKS FOR THE FUN: This week, Rep. Barney Frank (D-MA) announced that this will be his last term in the House -- his 16th term in office. Like many lefties, I will be very sad to see Frank go. Not only is he sharp, witty, and eminently entertaining, he is by far one of the smartest people on the Hill, and has a deep interest and comfort with the gritty details of policy. Not to mention the fact that he was and is a pathbreaker for gay rights and the gay community. (Here he is discussing with pride his coming out in 1987.) There’s also concern that, without his strong stewardship, there’s a chance that his final flagship policy -- the Dodd-Frank financial reform bill -- could be significantly weakened. Anyway, enjoy some of his best YouTube moments here. And here is he in his press announcement, gleefully anticipating a Gingrich nomination and what it will mean for the debate on gay rights. And here are some of his best insults to reporters.

GOOD NEWS -- Marine Commandant Changes Mind on DADT: Marine Commandant Gen. James Amos was one of the few military leader who strongly supported the DADT policy and advocated forcefully against its repeal. He suggested that allowing gays to serve openly could be a deadly “distraction” to Marines that could endanger their lives. But in an interview with the AP earlier this week, Amos stated that he is “very pleased” with how repeal is going, and said that he’s received almost no concerns or complaints about the change in policy. I’m glad Amos has seen the light, but will he and the other bigots who fought tooth and nail against repeal (I’m looking at you, John McCain) ever be called to account for how insanely wrong they were? Here’s Tom Ricks quoting an active duty major: “At what point in time should journalists, bloggers, etc ... hold those who made wildly inaccurate predications on the lifting of the ban accountable? All the retired generals and officers (LTG Mixon, Merrill A. McPeak and Col. Dave Bedey for example) who predicted that soldiers would leave the military by the thousands, or John McCain and other politicians describing how it would affect us as a fighting force? At some point I feel that the public should be reminded of their predictions so the next time they make predictions that are way off the mark, fewer people will give them credence.” Hold politicians accountable for their miserable, bigoted, totally false predictions? You still have so much to learn, young grasshopper.

Chart of the Week: The era of corporate profits.
Must Reads of the Week: These two companion pieces were published last week, and they’re both quite long, but they’re really, really worth a read. In the first, Jonathan Chait goes through the history of liberals’ disenchantment with Democratic presidents -- no matter who they are or what they do. (Note: Even though the headline is pretty aggressive, the article is not that way at all.) In the second, ex-Bushie David Frum lays out exactly how the GOP has lost its marbles. It’s an excellent piece. Take 20 minutes and enjoy them both! (But if you have time for only one, do Frum’s.)
Another Must Read: An absolute moron’s guide to the European debt crisis.
Fun Video of the Week: Fox News’ freak-out about Obama’s God-less Thanksgiving video.