This is another case, unfortunately, of a self-inflicted Embed, or perhaps something worse.
The trail starts with this recent item at Scott Horton's
No Comment blog, entitled "
Obama's War on Whistleblowers":
As a young lawyer, Obama represented a whistleblower; as a presidential candidate, he pledged to “strengthen whistleblower laws to protect federal workers who expose waste, fraud, and abuse of authority in government.” But as president, Obama has unleashed the most aggressive assault on whistleblowers Washington has ever seen—surpassing even George W. Bush. The latest example comes in a remarkable prosecution of Steven Kim, a well-known scholar of North Korea’s nuclear program.
Steven Kim is, among other things, a consultant with the State Dept. His crime? Speaking to Fox News about likely North Korean reactions, in a report that, according to former prosecutor and current professor
Ruth Wedgwood, “contains completely unremarkable observations about what a country would do if it was sanctioned for its poor behavior.”
Horton makes
all the appropriate points about why this prosecution, by the Obama DOJ, should
never have been brought. And he's clearly right. But I'd like to focus here:
Assistant Attorney General David Kris brought the charges.
So there are roughly two explanations for these charges — either (1) the Obama administration wants them brought as part of its explicit policy, or (2) someone in the DOJ is acting Bush–like, draped in the Obama flag. (You know how that goes; convince your boss that an action is reasonable, then pursue it unreasonably, hoping to stay under the radar.)
The key, of course, is
David Kris. And it didn't take much checking to tell part of the tale. Kris was in the Bush DOJ as "
Associate Deputy Attorney General for national security issues" from 2000 to 2003, when he left to become a VP at Time Warner.
While at Bush Justice, he was considered a
strong advocate of the administration's positions regarding the Foreign Intelligence Surveillance Act (FISA) and the USA PATRIOT Act. He appeared before Congress, while at DOJ and after leaving, to express those views.
It's also true that David Kris is respected as a careful lawyer and noted for his public 2006 opposition, on legal grounds, to the NSA domestic spying program. (See
Marty Lederman's discussion for more on that; and note that Lederman is currently in the Obama DOJ as well.)
Nevertheless, Kris remains true to his muscular FISA and PATRIOT Act views.
So which is it? An overly aggressive Bush lawyer re-embedded by Obama during one of his team-of-rivals moments? Or an Obama lawyer doing just what the boss wants done?
I don't have an answer; it depends on why you think Kris was hired. On the one hand, David Kris is the inverse of someone as servile as David Woo. On the other hand, Kris has a Bushian track record, balking only where many others balked — at that still-undetailed NSA spying program.
And frankly, I'm not sure either answer does our guy many favors, unless you like Bush's idea of muscular. Embed? It's getting hard to tell.
GP
Read More......