Democrats bow to ACLU agenda on war funding

Politico:

House-Senate negotiators reached agreement late Thursday on a $105.9 billion wartime spending bill after last-minute assurances from President Barack Obama that he will use all his powers to prevent the disclosure of controversial photographs depicting the treatment of detainees held by the U.S. military.

White House chief of staff Rahm Emanuel rushed to the Capitol in the evening to personally deliver this message after the talks began to unravel. The president participated by speaker phone, as senators gathered with Emanuel in the first floor offices of the Senate Appropriations Committee. And Chairman Daniel Inouye (D-Hawaii) later read aloud a letter from Obama pledging to use every “legal and administrative remedy” available to prevent the disclosure of the pictures.

The underlying bill is vital to Obama’s foreign policy agenda as well as major domestic needs such as advanced funding to cope with the threat of pandemic flu next winter. But the administration has stumbled repeatedly and more than ever has found itself whipsawed by not just Republicans but the Democratic left.

Central to Thursday’s drama was a Senate amendment adopted with little debate but designed to frustrate efforts by the American Civil Liberties Union in federal courts to force the release of the photos.

Democratic leaders had already decided that the provision should be dropped because of liberal opposition to any tampering with the Freedom of Information Act. And House negotiators upheld this position on a 5-3 vote.

But after caucusing with his colleagues, Inouye suddenly was hesitant to go forward when faced with a motion by Senate Republican Leader Mitch McConnell of Kentucky, insisting that the Senate hold firm.

The talks abruptly recessed, prompting Emanuel’s arrival soon after. And when they reconvened, Inouye came armed with the president’s letter—and solid Democratic votes to kill McConnell’s motion.

Addressed to Inouye and House Appropriations Committee Chairman David Obey (D., Wis.), the letter was significant at two levels. First, it marked the clearest statement yet by the White House recognizing the political problems posed by the Senate amendment—and the threat to the bill. Second, Obama left open the option that he could use his executive power to classify the photos as secret if things go badly for him in the courts.

In the letter, Obama begins by restating his opposition to the release of the photos, saying it won’t add “any additional benefit to our understanding of what happened in the past and the most direct consequence of releasing them would be to further inflame anti-American opinion and to put our troops in greater danger.”

...

I think Obama can settle this problem by classifying the photos so that they may not be released. It is not clear to me why he is dealing with the appeal process when he had the power to resolve it without risk. Perhaps he is saving that option, but that will only put more political pressure on him if the Supreme Court goes the wrong way. The liberals have really stepped in it with this vote and it should be an issue in 2010 and another good reason to vote against any Democrat who would vote for Pelosi as Speaker.