Friday, October 02, 2009
Blame where due
Of course, it's entirely George W. Bush's fault that Chicago didn't get the 2016 Olympic Games.
UPDATE (Fri Oct 2 @ 12:32 p.m.): I wrote the one-sentence post above as a joke, based just on reading a news headline on my Blackberry over lunch. But when I turned to the New York Times' report on the International Olympic Committee's decision — which reportedly left the U.S. bidders "stunned" and refusing comment, Chicago having been considered "a favorite" and certainly unlikely to be eliminated in the first round of voting — I found that our chattering classes are already hard at work laying the groundwork for the finger-pointing that I thought would be only parody (italics mine):
The 10-person Chicago bid team, led by the president and Mrs. Obama, put on a presentation heavy on emotion and visual images without getting too deep into he details of the bid.
“To host athletes and visitors from every corner of the globe is a high honor and a great responsibility,” Mr. Obama whose Chicago home is a short walk from the prospective Olympic Stadium. “And America is ready and eager to assume that sacred trust.”
In the official question-and-answer session following the Chicago presentation, Syed Shahid Ali, an I.O.C. member from Pakistan, asked the toughest question. He wondered how smooth it would be for foreigners to enter the United States for the Games because doing so can sometimes, he said, be “a rather harrowing experience.”
Mrs. Obama tapped the bid leader Patrick G. Ryan, so Mr. Obama could field that question.
“One of the legacies I want to see is a reminder that America at its best is open to the world,” he said, before adding that the White House and State Department would make sure that all visitors would feel welcome.
And from the Chicago Tribune's telling of the same tale (italics again mine):
The city's presentation ended at 2:52 a.m., with President Obama answering a final question from the floor.
The question: Sometimes foreigners entering the United states can go through a rather harrowing experience. With the influx of so many thousands of people during the Games period, how do you intend to deal with this?
Obama responded: "One of the legacies I want to see is a reminder that America at its best is open to the world."
He pledged the "full force of the White House and the State Department to make sure not only that these are successful Games but that visitors all around the world will feel welcome and will come away with a sense of the incredible diversity of the American people."
Perhaps with the Bush administration in mind, he added: "One of the legacies, I think, of this Olympic games in Chicago would be a restoration of that understanding of what the United States is all about and the United States' recognition of how we are linked to the world."
Yes, in the Gospel According to Barack, all in America before The One was darkness and evil, but now all is hopey-changitudinous goodness. Even direct intervention by The One Himself wasn't enough to overcome the lingering poison of Boooooosh!
From the first NYT article quoted above, however, we can find an entirely sufficient factual rebuttal to this particular "Blame Dubya" argument: "New York’s bid was eliminated in the second round of voting for the 2012 Olympics." Even in 2005, then — post 9/11, with Dubya still at the helm nationally, and with both Hillary Clinton and Michael Bloomberg leading the presentation — the U.S. fared better in the I.O.C.'s deliberations, at least making it to the second round of voting.
UPDATE (Sat Oct 3 @ 7:45 a.m.): One of Rich Lowry's email correspondents complied a fabulous "Top Ten" list of reasons why Chicago didn't get the Olympics, and guess what's Number One? Elsewhere, InstaPundit links Dana Loesch, who links CMR.com quoting disgraced U.S. Senator Roland Buris as saying "that the image of the U. S. has been so tarnished in the last 8 years that, even Barack Obama making an unprecedented pitch for the games could not overcome the hatred the world has for us as a result of George Bush." Examiner.com also attributed the same statements to Burris, but someone on Burris' staff had the good sense to scrub the Bush-blaming from his official press release congratulating Rio de Janeiro for winning the competition. (Jokingly or not, the WaPo's Dana Milbank in turn blames ... Burris!)
Posted by Beldar at 12:14 PM in Current Affairs, Humor, Obama, Politics (2009), Sports | Permalink | Comments (10) | TrackBack (0)
Tuesday, September 29, 2009
NY appellate court throws Gunga Dan vs. CBS lawsuit out of court in its entirety
Just before last Christmas, in my most recent post about Dan Rather's much-publicized lawsuit against CBS, I explained that CBS' lead lawyer — my former law partner Jim Quinn — was operating under an unfortunate set of circumstances, as a result of which it was virtually certain that the case wouldn't shed any further or more definitive light on the Rathergate saga:
The problem ... — as I noted at length when Rather first filed his case, here ["The complaint that Sonnenschein's New York office has filed on Dan Rather's behalf ... is a nicely buffed and polished piece of garbage"] and here ["individual decision-makers within CBS may have overwhelming vested interests in ensuring that the facts are not thoroughly probed in court"] — is that Quinn's hands are effectively tied by the fact that his client was spectacularly gutless in its dealings with the psychotic prima donna who for so long occupied its anchor chair. Quinn's defense for CBS News won't be that Rather and Mapes and their entire team were incompetent, biased frauds who committed the worst kind of journalistic malpractice to change the outcome of a presidential election and then, when caught, tried to cover it up. CBS had ample, compelling, even glorious "good cause" to fire Rather no matter what time term remained on his contract or what other terms it contained to guarantee his preeminence at the network.
But CBS didn't do that. Instead, it convened the Thornburgh-Boccardi Panel, whose ultimate report was far from a bare-knuckled or clear-eyed assessment of the culpability of Rather and CBS News' top brass. CBS News eased Rather out, rather than immediately throwing his sorry butt on the street.
And now, instead of defending itself against Rather by using the awesome mechanisms of the law to prove, once and for all, the essential truths of Rathergate — including the indisputable fact that the Killian memos were pathetically obvious forgeries — CBS News' defense is not that Rather is a crazed scoundrel and a national disgrace, but that CBS fully performed its contractual obligations to Rather.
When I wrote that, Quinn had already persuaded the trial judge in New York state court to throw out major portions of Rather's claims without letting them go to a jury trial. New York procedural law permitted Rather to appeal that partial victory by CBS, and for CBS to cross-appeal the trial judge's refusal to throw out the rest of the case. Today, the intermediate New York appellate court, known as the Appellate Division (First Department), turned the trial judge's knockdown into an outright knockout — agreeing with Quinn (and Weil Gotshal & Manges partner Mindy J. Spector and associate Yehudah L. Buchweitz) that all of Rather's claims must be thrown out without a trial.
The 19-page opinion is dry and dull, which I'm sure is exactly what CBS and its lawyers preferred. After its introductory paragraphs, it contains essentially nothing about Bush, the Killian Memos, or the Rathergate controversy. Instead, the appellate court systematically demolished each of Rather's contract and tort claims, one after another, on what appear to be solid if unexciting grounds compelled by prior New York state-law precedents. At bottom, the appellate court concluded that it is indisputable that CBS lived up to its contractual obligations, and likewise indisputable that Rather couldn't show any damages of a sort recognized by New York law.
(Prof. Reynolds again justified his net moniker when he linked Volokh conspirator Jim Lindgren's post on the ruling with the summary "Loser Loses Again." Yes, that's it, in exactly three words.)
Rather's lawyers will doubtless seek rehearing in the Appellate Division, and when that is refused, they'll seek further review by the top appellate court in the New York state-court system, the New York Court of Appeals. I haven't read all of the briefing that led up to today's decision, and the briefs attacking and defending it haven't been drafted yet, but my educated guess at this point is that today's ruling will almost certainly hold up.
Thus (probably) ends the only lawsuit that could, under different circumstances (i.e., if CBS hadn't been so gutless), have given Dan Rather the thorough-going and definitive public crucifixion that he so richly deserved. I'm certainly not displeased to see my former colleagues so decisively win this case even before it went to trial, and I'm happier still that Rather undoubtedly spent a decent-sized fortune on paying his own lawyers. But as with the near-contemporaneous SwiftVets controversy from 2004, I'll always wish there had been an opportunity for the underlying facts to have been thoroughly and methodically probed through the civil justice system — by well-resourced and highly motivated parties, well-represented by superb counsel, each armed with the power to compel the production of documents and testimony, all under oath and in the harsh disinfecting glare of open court proceedings. John Kerry never made good on his or his surrogates' threats of litigation, and the target of Rather's malice, President Bush, would never have sued Rather, Mapes, or CBS even if their conspiracy had succeeded in tipping the election.
Sound arguments can be made that — my appetite for courtroom combat notwithstanding, and my belief that the civil justice system could have produced numerous significant "Perry Mason moments" in both — it's for the best that these two national controversies largely remained political, rather than spilling over into the courts. In any event, as the current publicity over Roman Polanski's re-arrest and possible extradition proves to all who have any moral compass whatsoever, there's a portion of the American public, mainly on the American left, who will essentially ignore even a sworn in-court confession by a monster who drugged and then raped (vaginally and anally) a child. Similarly, not even Rather or Kerry 'fessing up under oath could have persuaded some, or perhaps most, of the Bush-haters, because they long since had stopped being amenable to any evidence or any rational argument.
Posted by Beldar at 08:20 PM in Law (2009), Mainstream Media, Politics (2009) | Permalink | Comments (7) | TrackBack (0)
Friday, September 25, 2009
In the Obama Administration, closing "Guantanamo was everyone's part-time job"
If you need another reason to question the Obama Administration's basic ability to provide the single most important function of the federal government — keeping America safe from foreign enemies — read this WaPo story.
The SpinTrue to form, the WaPo's writers and editors carefully withhold the screamingly obvious judgment that drips from the facts they report, and indeed, they try hard to spin things in a pro-Obama way. Thus, the article starts with a gentle bit of chin-rubbing:
With four months left to meet its self-imposed deadline for closing the U.S. military prison at Guantanamo Bay, Cuba, the Obama administration is working to recover from missteps that have put officials behind schedule and left them struggling to win the cooperation of Congress.
Mere "missteps" — does that kind of imply something mild, like an uneven sidewalks problem? Well, back in WW2, the good soldiers of the American military came up with an acronym for the kinds of "missteps" described in the WaPo article: "Let's recover from this situation," our soldiers would say very politely, "because at present, the situation is FUBAR'd." In this exact same sense, the Battle of the Bulge was a "misstep."
The facts reported by the WaPo go on to show that when the White House senior officials acknowledge that they're "behind schedule" on closing down Gitmo, that's actually a nice euphemism for "everything's totally screwed up and there is no actual 'schedule,' just a ridiculous, arbitrary deadline that's going to be missed and that may never be met at all, ever."
And as for the "struggle for cooperation" with Congress — wouldn't "struggle" imply something whose outcome was at least close? Readers have to dig down to paragraph 24 to be reminded that "in May, the Senate decided, by an overwhelming vote of 90 to 6, to block funding for shutting Guantanamo Bay — Obama's first major legislative setback as president."
The Fall Guy Goes Under the Great Bus of StateThe WaPo gamely repeats — without comment or the Bronx cheers it actually deserves — White House counsel Gregory B. Craig's insistence that
some of his early assumptions were based on miscalculations, in part because Bush administration officials and senior Republicans in Congress had spoken publicly about closing the facility. "I thought there was, in fact, and I may have been wrong, a broad consensus about the importance to our national security objectives to close Guantanamo and how keeping Guantanamo open actually did damage to our national security objectives," he said.
Got that? Dubya is responsible both for creating all problems and for misleading the poor Obamites into thinking that they'd be easy to solve. But nothing — nothing — is ever the fault of The One and his minions, at least not to hear them tell it.
But despite the fact that this and all other evils are obviously all Dubya's fault, lest someone else — like, uh, everyone else in America who's not part of the First Family or the White House staff — become interested in assigning responsibility for events subsequent to January 20, 2009, the good angels of the Obama Administration have demonstrated, once again, that they do know very well how to throw one of their own under the wheels of the bus:
Craig oversaw the drafting of the executive order that set Jan. 22, 2010, as the date by which the prison must be closed.
"It seemed like a bold move at the time, to lay out a time frame that to us seemed sufficient to meet the goal," one senior official said. "In retrospect, it invited a fight with the Hill and left us constantly looking at the clock."
"The entire civil service counseled him not to set a deadline" to close Guantanamo, according to one senior government lawyer.
Thus Craig is clearly being set up — with or without his consent, and it's quite possible that he's been importuned to fall on his sword and is doing so willingly — as the fall guy. And where will he land?
Three administration officials said they expect Craig to leave his current post in the near future, and one said he is on the short list for a seat on the bench or a diplomatic position. Craig has long made clear his desire to be involved in foreign policy, but he declined to comment on his plans.
How likely is it that Roger Craig will be the next Ambassador to, say, China, the United Kingdom, or Bermuda? I'd say only slightly better than the odds that the Obama Administration will meet President Obama's own the outgoing White House counsel's own self-imposed deadline for closing Gitmo:
Still Holding Your Breath for Gitmo to Be Closed?After the congressional setbacks, Craig orchestrated the release of four of the Uighurs, flying with them and a State Department official from Guantanamo Bay to Bermuda, a self-governing British territory whose international relations are administered by Britain.
The transfer produced a diplomatic rift. British and U.S. officials said the Obama administration gave Britain two hours' notice that the Uighurs were being sent to Bermuda. "They essentially snuck them in, and we were furious," said a senior British official.
The move also caused friction between Britain and China, which seeks the Uighurs for waging an insurgency against the Chinese government.
And so how close, then, did the Obama Administration come to meeting its goal before Mr. Craig became tire fodder for the Great Bus of State?
In coming weeks, officials say, they expect to complete the initial review of all the files of those held at Guantanamo Bay.
(Italics mine.)
The scariest part of all this is that these are facts revealed by the Washington Post. If the pro-Obama WaPo can't put any better face on what's going on inside the Obama Administration's prosecution of the Global War on Terror (whatever they've renamed it to this week), how much chaos must there really be behind the scenes?
My absolute favorite quote could be expanded beyond the Guantanamo Bay closure difficulties to describe the entire Obama Presidency to date:
"Guantanamo was everyone's part-time job," said a senior official, one of several interviewed for this article who spoke on the condition of anonymity to discuss internal deliberations.
Amateurs. Incompetents. Ideologues. Full-time politicians turned half-wit government officials. Brilliant leftists who, confronted with the real world, are exposed as clueless idiots and children.
It's going to be a long time until January 2013. Will the millions of American voters who should have known better, but who were taken in by Obama's sham, have stopped thinking 'Wow!' by at least November 2012?
Posted by Beldar at 01:22 AM in Current Affairs, Global War on Terror, Obama, Politics (2009) | Permalink | Comments (9) | TrackBack (1)
Wednesday, September 23, 2009
End legislative malpractice by amending the Constitution
From University of Tennessee constitutional law professor Glenn Reynolds, aka InstaPundit, an item with which I fiercely agree (ellipsis his):
DAVID POST: Should Lawmakers, Um, Read the Laws They’re Voting On?
Sounds like something you’d ask in a third-grade civics class. But an odd editorial in today’s Washington Post takes to task “a group of well-meaning professional activists — and, so far, over nearly 60,000 online petitioners” who have demanded that members of Congress sign a pledge “never to vote on any bill unless they have read every word of it.” While the activists “have a point,” the Post concedes, their “proposal would bring government to a standstill.”
That’s not a bug, it’s a feature ....
Every time I deal with a federal statute in the context of giving legal advice to a client — which is an utterly basic function of being a lawyer — I have to actually read and then understand the statute. My failure to do so would be malpractice per se — something absolutely indefensible, something never excusable under any circumstances. As soon as I admitted or it was otherwise proven that I didn’t read and understand the statute, the only question in a malpractice case would be the size of the damage award against me.
But if that’s an utterly basic function of being a lawyer who merely advises private clients on how the law may or may not apply, shouldn’t it be an even more basic function of a law-maker, a legislator, who creates the laws that apply to an entire country?
By no means am I saying that all legislators therefore must be lawyers. (They certainly already have staff lawyers to help them if they need or want such help.) But if an educated layman, with careful and close study, still can’t parse through the language of a bill and figure out what it does, and how it does what it does, then that says something awful and disqualifying about the legislator, the bill, or both.
A simple pledge, though, would be about as credible and enforceable as Obama’s promises that health care reform won’t add a single dime to the budget — which is to say, a cruel and illusory farce capable of taking in only the most simpleminded and naïve.
Accordingly: I would genuinely support a Constitutional amendment which required every Congressman and Senator, upon casting every vote, to swear under penalty of perjury — with existing perjury criminal penalties, PLUS instant disqualification from office — that he or she had read every word of everything he or she voted upon. Not just a summary (although they could read summaries too, if they chose) or a recommendation (again, fine as a supplement, but not as a replacement). Enforcement to be by a mechanism where 10% of either chamber’s members could indict and prosecute any member of either chamber for an alleged violation, trial to be held within 30 days on national TV, finder of fact to be a jury of 51 randomly selected voters (one from each state plus the District of Columbia), conviction and expulsion (without appeal) to be based on a simple majority vote.
For a bullet-proof practical defense — and indeed, perhaps even a prophylactic "safe harbor" provision written into the amendment or its enabling legislation to guard against unfair and untrue accusations — every legislator only needs a video camera to record him or her with an over-the-shoulder view of the text he or she is reading and the pages he or she is turning, perhaps with a side-shot of the notes he or she is taking too. The videos can be posted on C-SPAN or YouTube along with congress.gov.
Note well: This is, and should be, a completely non-partisan "good government" issue. But I'm relatively sure which party's politicians would bitch and moan the loudest and fight the hardest.
Posted by Beldar at 09:47 PM in Congress, Current Affairs, Law (2009), Politics (2009) | Permalink | Comments (39) | TrackBack (0)
Sunday, September 20, 2009
Mike Leach's misplaced pique
Texas Tech head football coach Mike Leach threw a middle-sized fit Saturday night during Tech's 34-24 loss to the Texas Longhorns, insisting that the officials had improperly frustrated an attempted trick play by the Red Raiders. According to the Dallas Morning News:
Texas Tech coach Mike Leach was upset with the officials at halftime.
On the final play of the first half, Tech quarterback Taylor Potts pretended to take a knee before dropping back for a pass. Replays showed Potts' knee never touched the turf, but the officials blew the play dead.
"We never took the knee, and they whistled it down," Leach told ABC as he left the field.
Coach Leach could also be seen berating the officials immediately after the call, although the exact wording of his shouts wasn't audible on ABC Sports' broadcast sound feed, and I don't know if there was profanity to go along with his arm-waving. And Leach's fussing, combined with the replay, apparently convinced at least some observers that the refs had treated the Raiders unfairly. The Houston Chronicle's David Barron wrote, for example, that the "Red Raiders were waylaid by a potential borderline call by the officials that short-circuited an attempted trick play in the final seconds of the first half." Don Williams of the Lubbock Avalanche-Journal's RedRaiders.com website likewise noted that the "Red Raiders were irritated with the way the first half ended," and at least implicitly blamed the refs by pointing out that "a television replay showed Potts’ knee never touched the ground." Tech trailed Texas 10 to 3 at the half, so if the trick play had gone for a touchdown, that presumably would have resulted in a half-time tie and an even closer second half than that which actually ensued (the 'Horns didn't put the game away until the final 90 seconds).
But while Coach Leach was right that Potts' knee never quite touched the turf, he was dead wrong to fault the officials for blowing the play dead. There can be no doubt whether this was a deliberately called trick play — Tech telegraphed that by taking a timeout with one second left in the half before they tried it, and Leach could be seen giving detailed instructions to Potts that were clearly too complicated to be "Take a knee and let's go to the locker room, son." And as it was in fact executed, there likewise was no doubt whatsoever that Potts was deliberately trying to make it look to the 'Horn defenders like he was merely taking a knee to run out the clock, and the rest of Potts' teammates were cooperating in that farce. Based on the simulated kneel-down, the refs made exactly the right call:
From the NCAA Football 2009-10 Rules and Interpretations manual, Rule 4, Article 3, entitled "Ball Declared Dead," provides in pertinent part as follows (at pages FR-79 to -80, corresponding to pages 82-83 of the .pdf version):
A live ball becomes dead and an official shall sound his whistle or declare it dead:
....
o. When a ball carrier simulates placing his knee on the ground.
During the third quarter of the Tech vs. Texas game, the ABC announcers said they'd been informed by a representative of the officiating crew that the ruling was based on a Big 12 Conference rule, but so far I've been unable to find anything online to support that; I suspect they meant to reference the NCAA rule, which would be binding upon the Big 12 Conference anyway. The NFL also has a similar rule for simulated kneel-downs during the last two minutes of each half according to the most recent version of the Official NFL Rulebook that I could find online (from 2006). See Rule 7, Section 4, Article 1(b) (at page 45, corresponding to page 53 of the .pdf file).
It's not hard to understand why both the NCAA and NFL rules forbid the kind of trick Coach Leach was trying to pull. Certain types of deception are fundamental to football — the man in motion, the shifting formations; the disguised blitz; the pump-fake before a handoff to a running back, or the play-action pass preceded by a fake hand-off; the double-reverse, the halfback pass, and the flea flicker; the onside kick and the fake punt. All of these deceptive moves prior to or during plays, and many more, have their place. Indeed, we saw many of them at one point or another during this very game.
But when defenders reasonably believe the QB is taking a knee, they also reasonably expect to be penalized if they even touch him. It's fundamentally unfair to let the QB claim immunity from a normal hit while leaving him free to throw a touchdown; and if QBs who genuinely are taking a knee aren't protected while doing so, they will be much more likely to be injured. Moreover, defensive players all over the field relax and let down their guards when they have good cause to believe a play is over and that the ball is dead; players are, in general, far more vulnerable to injury when taken by surprise; and the same downfield block that might have merely knocked a prepared player off his feet becomes a career-ending spinal cord injury on the wholly unprepared player who's walking back to the defensive huddle (or to the locker room). We penalize the team whose punt returner tries to advance a punt after signaling "fair catch" for similar reasons — not because the rules are trying to crush all excitement and deception from the game, but because certain types of exciting deception are both unfair and unreasonably dangerous.
Of course, I'm a Longhorn loyalist and alum, but I'm generally a fan of Coach Leach and the Raiders when they're not playing Texas. Overall, they played a great game again this year, for which I congratulate them. Still, one might reasonably expect all NCAA Division 1 head football coaches to know what's in the rulebook. One might reasonably expect such a coach not to unfairly blame the refs on national TV for properly enforcing the rules as written. And those expectations might be especially appropriate for an NCAA Division 1 head football coach who's also a lawyer: Mike Leach earned his Juris Doctor degree from Pepperdine University School of Law in 1986.
Coach Leach owes a public apology to the referees from this game.
Posted by Beldar at 04:33 AM in Sports | Permalink | Comments (5) | TrackBack (1)
Obama's arrogance hits new heights, with no limit in sight
The President of the United States and his senior staff have bragged to the New York Times that they have asked the sitting governor of the State of New York, David Paterson, to drop out of the 2010 New York gubernatorial race.
Speaking for attribution but not under their own names, "two senior administration officials and a New York Democratic operative with direct knowledge of the situation" have executed this attempted political assassination of their co-partisan from the East Coast's most populous blue state. And they made clear that they are not acting on some sort of frolicsome detour from their official duties, nor as power-drunk and -mad rogues acting without knowledge of their principal. Rather, their symbolic kiss of death to Paterson's campaign was, they insisted, "proposed by political advisers to Mr. Obama, but approved by the president himself."
The Times, of course, ran the story at the top of its Sunday front page in the featured right-column slot on both its NYC and national editions. The headline is "Obama Requests That Paterson Drop Campaign." As I write this, the online version is also the lead story on the main page of the Times' website.
The sub-headline reveals the lame, sad, but honest basis for Obama's decision: "Governor Lags in Polls." Yes, Paterson has committed the ultimate sin among the present day's "pragmatically progressive" Democrats, one far worse than his predecessor's well-publicized indiscretions with high-priced callgirls. Therefore commandeth The One, through his holy minions: "Now get thee under the bus, Paterson!"
I am no fan of Gov. Paterson's. I can't argue with the crass political calculations that may have prompted Barack Obama and his senior advisers to conclude that Paterson's continued presence in the 2010 race would harm the political fortunes of the Democratic Party and, most especially, the nation's Top Democrat.
But the sheer presumptuousness of this bit of overtly manipulative kabuki theater — the unmitigated arrogance, the craven Constitutional malice this ugly scheme encompasses — simply stuns me.
They are shameless, in the most literal sense of that word.
Posted by Beldar at 02:23 AM in Obama, Politics (2009) | Permalink | Comments (11) | TrackBack (0)
Wednesday, September 09, 2009
Beldar summarizes Obama's health care address to Congress
Once upon a time — on a magic day when the calendars all said "Oh, nine! Oh, nine! Oh nine!" — King Canute rode on his Magic Pony down the aisle of the Wizards' Castle until he reached the pretty blue carpet at the bottom. Even though he wasn't at the seashore, when he climbed down from his pony, the waves and waves of applause made King Canute think he was. So he ordered the sea to cease its lapping at the shore, for its waves to stop rolling, and for the government operation of health care — through Medicare and through the King's "public-option plan," and through all the other ways that government has regulated and will regulate the rest of the health care industry — to be perfectly efficient and effective. Perfect! Yay! The Democrats all cheered and gave him many standing ovations to demonstrate their belief that indeed, the sea will soon go absolutely still, and our government will now and forever after do superbly that which no government before, including our own, has managed to do even adequately even for one day.
The King announced that henceforth, because he and his Magic Pony are very smart and will show us how, everyone can get more of everything, and everything will be better than it is now, but it will all cost less money than even just some of us are spending now. Brave, clever King Canute! No King will ever again have to worry about the sea moving, or about health care. Why didn't we make him the King way back when Good King Ronny was getting old? Oh yeah, now I 'member: It's 'cause King Canute was still doing cocaine back then, when he was just Prince Barry. It's good that he stopped that, and that he learned to think and speak so clearly now, especially about how to save money! Yay! Nobody is more believable than King Canute when he promises to save money and cut government spending!
King Canute said that there are "details still to be worked out" — drawing an appreciative laugh from the other politicians present, who sympathized with the King for his gigantic mistake of accidentally going off-script to tell the truth for a moment. But the TelePrompter of the United States regained control over the scene and the speech, and so there were no further accidental encounters with reality. Thank goodness for the TOTUS!
And the King's "public-option plan" will be especially clever, since it will be better and cheaper than everything the private companies offer ('cause the Magic Pony will pay all its expenses and won't take away any profits). But don't worry — the King promised that the public-option plan will only be available to those without insurance! Thus did the King solve the old problem of those who complain when others pee in the pool. Now surely only people who really feel the need to pee will decide to pee in the pool, and now surely no companies or individuals that are having trouble paying for insurance will decide to become "without insurance" so they can get into the government-subsidized public-option plan. Therefore, no one in the pool needs to worry about ever being touched by pee, nor to worry about the public-option plan turning into a government health-care monopoly with single-payer socialized medicine like they have in Merrie Olde Englande. "Whee whee whee!" shouted the happy Democrats, "Slippery slopes are fun!" ("Pee pee pee," muttered the grumpy Republicans, "We see where this is going.")
Thereupon King Canute did a happy dance to make everyone feel happy, and then he acknowledged the many cheers, and he remounted his Magic Pony and rode back up the aisle. Most of those on the right side of the aisle, and even a few of them on the left, noticed that the Magic Pony had left behind a steaming, fragrant gift on the pretty blue carpet. Most of them on the left thought the gift was dessert, so they gobbled it up while insisting that it was really, really yummy. But they saved a piece for you. Do you want it?
Posted by Beldar at 08:37 PM in Congress, Current Affairs, Obama, Politics (2009) | Permalink | Comments (10) | TrackBack (0)
Monday, August 31, 2009
You know you're an SOB when ...
Funniest quote I've read in the Houston Chronicle in some time:
“It doesn't matter if you have a snowsuit on — if you're touching customers, they're touching you — they're a sexually oriented business,” Geffin told the judge. “You can call yourself a restaurant, you can call yourself an ice cream truck, but if your drawing card is topless dancers, you're an SOB, and you have to comply with the rules.”
Ice cream trucks actually do good business in Houston in August even without snowsuits or topless dancers. The tips may not quite match up, though.
Of course, this injunction hearing is all just another boring day at the office for State District Judge Randy Wilson. I'm reasonably sure he hasn't asked for the litigants to arrange a "premises view" on-site during business hours: The Harris County Civil District Courts' budget contains no money for dry-cleaning judicial robes to get the glitter and make-up off.
Assistant Harris County Attorney Geffin is probably right, of course. But trying to enforce these particular laws is like trying to bail the oceans using a tea-cup. (Or, perhaps, a DD-cup.) Although I've never been there, I'm told that this particular strip joint entertainment venue is outside the City of Houston, well away from churches, schools, or family neighborhoods, and indeed that it's quite literally out in the middle of the woods. One has to wonder whether the Sheriff and Harris County Attorneys don't have other, more (ahem) pressing matters to investigate and prosecute with their limited resources.
Posted by Beldar at 05:44 PM in Current Affairs, Law (2009), Mainstream Media | Permalink | Comments (4) | TrackBack (0)
Wednesday, August 26, 2009
Thoughts on the death of Edward M. Kennedy (1932-2009)
I extend my condolences to the family and friends and partisans and allies and admirers of Sen. Edward M. ("Ted") Kennedy (D-MA) upon his passing.
Alas, my first two reactions to the news were not flattering to him, and indeed they are likely to annoy many of those to whom I've just extended my condolences.
My first thought (premised on Christian faith) was that Teddy Kennedy's four decades of dodging his proper responsibility for the death of Mary Jo Kopechne — however slight or (as I suspect) culpable that responsibility actually was — are finally over. May justice finally be done, whatever that may be, by Him to whom such final judgments are ultimately reserved.
My second thought involves a comparison with the current occupant of the executive mansion at 1600 Pennsylvania Avenue — an address at which brother John famously lived, and to which father Joseph and brothers Joe Jr., Bobby, and Teddy all famously aspired.
Teddy's most serious run at the presidency, against Jimmy Carter in 1980, represented a deliberate and thoughtful rejection by a majority of the Democratic Party of a candidate who was all bi-coastal style and sizzle, a media favorite wrapped in romance and dynasty, but whose actual record was still then pitifully thin and whose character had already been repeatedly proven to be deeply flawed. One line from Teddy's convention speech — "For all those whose cares have been our concern, the work goes on, the cause endures, the hope still lives, and the dream shall never die" — is still remembered over anything said by the Democrats' actual nominee from that campaign. And of course said nominee, the Dems' incumbent — who had already, in my judgment, become the worst American President of the 20th Century — went on to a well-deserved crushing defeat by Ronald Reagan.
Although it could still be prompted to go on the occasional drunken bender by that kind of vaguely poetic but ultimately content-free rhetoric from someone like him, however, as of 1980 the Democratic Party still had better sense than to entrust the country's fate to a shallow scoundrel like Teddy Kennedy, no matter how much that went against the media's romantic "Camelot restored" narrative and the fervent desires of the Hard/Angry Left. Yet by 2008 — their decency and sensibilities having been fatally compromised in the meantime by a serial liar and sexual predator who they also rallied to defend — the Dems had become utterly shameless, utterly irresponsible, and utterly besotted with another shallow but romantic scoundrel who had only a fraction of the governmental experience that even Ted Kennedy ca. 1980 could claim.
More than mourning the man who's just passed from the living, then, I mourn the passing of those times. Contrasting the Dems' rejection of Ted Kennedy in 1980 to their embrace of Barack Obama in 2008 makes me mourn the end of the time when the Democratic Party was a party of mostly grown-ups instead of mostly idolaters and haters, the time when as a party the Dems could soberly and seriously reject a glamorous media-hyped figure as its national candidate. I know not when or if we shall ever see the return of such responsible men and women to a position of power in the Democratic Party. (In the meantime, they'll be the few but perhaps vital minority of Democrats who are muttering to themselves, with entirely justified and increasing panic: "But nine trillion in deficits? Seriously?")
Posted by Beldar at 05:08 PM in Congress, Current Affairs, History, Obama, Politics (2009) | Permalink | Comments (23) | TrackBack (0)
Tuesday, July 07, 2009
"Sotomayor & Associates" ... meh, who cares?
Nothing has happened since May 26 to make me change my initial take on Pres. Obama's nomination of U.S. Circuit Judge Sonia Sotomayor to fill Justice Souter's seat on the Supreme Court. (That take, in short, was this: Obama would never nominate anyone of whom I approved, and Judge Sotomayor, if confirmed, will vote the same way as Souter has, but be no more effective than Souter was (and perhaps less so) at swaying the Court's swing vote, Kennedy, in close cases. Republicans should use every opportunity to demonstrate how disastrous it is for the country and the Constitution to have liberal Democrats like Obama in a position to pick politically liberal and judicially activist SCOTUS Justices. But expecting to defeat Sotomayor's nomination is unrealistic unless something big and new comes up from her past, and I'm very grateful Obama didn't nominate someone who'd be much more effective.)
Now it appears from a NYT story that between 1983 and 1986, on behalf of some friends or friends of friends, Sotomayor wrote a few wills, incorporated a few businesses, or helped skim the closing documents for a few condo sales under the exaggerated firm name of "Sotomayor & Associates" while she was really a full-time employee of the Manhattan D.A.'s office or another law firm.
I agree with my blogospheric friend and fellow lawyer Andrew McCarthy that it doesn't take a sophisticated legal analysis for anyone, lawyer or layman, to recognize that claiming to be "Sotomayor & Associates" — when you really don't have any associates — is stupid and misleading. It ought not be done. (On this topic more generally, see also Eric Turkewitz, Jim Lindgren, Glenn Reynolds, John Steele, and the Washington Times,)
I very, very seriously doubt, however, that lawyer Sotomayor's transgression in exaggerating the size of her firm ever actually misled anyone. As small potatoes go, this one is pea-sized or smaller. And as misrepresentations with disastrous public consequences go, this one is utterly microscopic in comparison with, for example, almost any one of Obama's presidential campaign promises, or his own claims to have had significant experience to prepare him for that office.
(Personal disclosure: My own solo law firm — likewise an unincorporated sole proprietorship whose name is only a d/b/a (albeit one duly registered with Harris County) — is carefully designated "Law Office of William J. Dyer" on my letterhead, pleadings, website, and elsewhere to avoid implying more than one regular place of business, more than one lawyer, or any incorporated status that would potentially limit or complicate my personal liability for debts of the law practice. It's a traditional name, but terribly stuffy and boring. I'd rather simply use "Dyer Legal" to correspond with my business internet URL, but the State Bar of Texas — for reasons that are entirely opaque and directly contrary to the square holding (at footnote 12 & accompanying text) of at least one federal district court opinion adopted by the Fifth Circuit — considers that to be an impermissible "trade name" which might mislead the public into thinking that I'm making some representation about the quality of my legal services as compared to other lawyers, which Texas lawyers are forbidden to do. I think state bars in general, including my own, have historically done pathetically bad jobs of preventing genuinely misleading information about lawyers and their services from being spread in the marketplace. I also think that they've almost completely defaulted in their obligations to instead ensure that meaningful and accurate information — information which would help promote informed consumer decisions, and which would tend to drive out misinformation — is constantly available to the public in usable forms. There ought to be no commercial market for an advertising-sponsored legal information-gathering and -distributing service like Avvo.com, for example, because state bars, individually or (better) collectively, ought to have already done all that and more, and have done it much better, via the internet. Which is to say, on this set of legal ethics/public interest issues, I'm a self-interested, grumpy curmudgeon, but not entirely a traditionalist. I do care about these issues, in other words, but I don't think they matter much in the context of the Sotomayor nomination.)
Posted by Beldar at 10:01 PM in Congress, Law (2009), Politics (2009), SCOTUS & federal courts, Web/Tech | Permalink | Comments (6) | TrackBack (0)
Monday, June 22, 2009
In memorium: James Dillard Dyer, Jr. (12/24/22 to 6/22/09)
[As written and released for publication in the Lamesa [Texas] Press-Reporter, Lubbock Avalanche-Journal, and other west Texas publications, by his family:]
Lamesa native and life-long resident James Dillard Dyer, Jr. — a World War II veteran who became a long-time merchant and civic leader — died peacefully in his sleep during the early morning hours of Monday, June 22, 2009. He was 86 years old.
Born on Christmas Eve of 1922, J.D. Dyer, Jr. was the oldest son of prominent Lamesa school-teacher, postmaster, and merchant J.D. Dyer, Sr. and his wife Emma Lee Dyer. As a 1940 graduate of Lamesa High School, young Dyer — sometimes known to friends as “Jo-Do” due to his initials — had been president of his senior class and active in the high school band and debate. Dyer volunteered for the Naval Reserve Officer Training Corps at the University of Texas even before the attack on Pearl Harbor, and through an accelerated curriculum, he earned both his Bachelor of Business Administration degree and his commission as an Ensign in the United States Naval Reserve on the same day — February 29, 1944.
Dyer was immediately activated to duty and assigned to the U.S.S. Zeilin (APA-3), an amphibious attack transport which served as a relief flagship for the Commander Amphibious Force, Pacific Fleet. Dyer caught up to the ship in March 1944, and he commanded one of its landing craft, putting troops ashore under fire, during the Battle of Guam in July 1944. “Tex” Dyer was among the junior officers on the bridge on February 13, 1945 — when the Zeilin survived a kamikaze strike that left dozens killed and wounded — and his service included both the invasion of Luzon in January and the landing of reinforcements at the Battle of Iwo Jima in March 1945. Slated to participate in the invasion of Japan, Dyer and the Zeilin were at Eniwetok in the Marshall Islands in August when the atomic bombs ended the war. After further service on the Zeilin moving troops from various Pacific bases to Okinawa and Korea, Dyer was released from active duty in February 1946 as a Lieutenant (Junior Grade). He attended several happy reunions of the crew and extended family of the “Mighty Z” during the 1980s and 1990s as America belatedly began to recognize properly what Tom Brokaw has called “The Greatest Generation.”
After brief stints with the Texas-New Mexico Pipeline Co. and the State Reserve Life Insurance Co., Dyer returned to Lamesa to take over his father’s business, then known as Dyer Hardware & Auto Supply. Over the next 30-odd years and at several locations, that business evolved to become Dyer Appliance and then Dyer Furniture & Appliance — selling iconic American brands like Zenith, Frigidaire, Maytag, and Sealy to generations of Dawson County families under the motto “We Service What We Sell.” Along with Karl Cayton and Paul Edgmon, Dyer was also a founding principal in the original Lamesa Cable T.V. Company.
Dyer married Lamesa native Helen F. Pope in 1947, and together they reared their daughter and two sons before they divorced. In 1974, Dyer married Odessa L. Williamson of Levelland. Before her death in 2003, J.D. and Odessa led an active retired life that included many international tours with the “Flying Longhorns” of the U.T. Ex-Students’ Association (of which they were both Life Members). Dyer’s hobbies in his later years included the planting and care of what became the formidable orchard surrounding his home on Skyline Drive.
Service — through city government, and through civic and charitable organizations — played a continuous and vital part of J.D. Dyer’s life. He served on the Lamesa City Council from 1955-1958 and as Mayor of Lamesa from 1958-1959. A multi-decade member of the Lamesa Chamber of Commerce, Dyer served as its President in 1969. Dyer also served in leadership roles over the years in various local and regional organizations to promote the development of U.S. Highway 87 and to secure clean, safe drinking water for Lamesa and its surrounding area. Dyer was also among the original organizers and continual supporters of the Lamesa High School Golden Tornado Jubilee Reunions, and he served as chairman of the 1975 Jubilee.
In high school, Dyer had earned the rank of Eagle Scout and was inducted into the Order of the Arrow in what was first known as “Troop 1,” then “Troop 22,” and then “Troop 722” — the Boy Scout troop founded by his father in 1921 and then led for many years thereafter by the late Joseph N. Spikes. Dyer’s lifelong support of and contributions to Scouting were recognized by the South Plains Council of the Boy Scouts of America with the Silver Beaver Award in 1964. Dyer also was a multi-decade member and leader of the Lamesa Noon Lions Club and Lions Club International. He served many terms in various offices (including President) in the local club, and as District Governor of Lions District 2-T2 in 1960-1961. With his family, he attended many state, national, and international Lions Club conventions across the U.S. and abroad, and he was an active supporter of such programs as the Texas Lions Camp at Kerrville.
Dyer was raised as a member of the First Christian Church of Lamesa, and he served among its deacons and elders while married to Helen. Later, he and Odessa were joyous and proud members of the First Presbyterian Church of Lamesa, where funeral services will be held at 11:00 a.m. on Thursday, June 25.
J.D. Dyer, Jr. was preceded in death by his parents and by his younger sister and brother, Mrs. Tennie Marie Dyer Lengel of Dallas and Dr. Royce Dyer of Lamesa. He is survived by his younger sister, Mrs. Jean Dyer Brower of Lamesa, and by three children — his daughter, Mrs. Gwen Dyer Johnson of Austin (and her husband Jimmy); his son, Dr. James R. Dyer of Argyle (and his wife Shelli); and his son, William J. Dyer of Houston. He is also survived by eight grandchildren (Jeffrey, Liana, David, Grace, Kevin, Sarah, Adam, and Molly), four great-grandchildren (Jared, Laura, Price, and Jemma), and many other cherished relatives and life-long friends. For anyone inclined toward making a charitable donation in J.D. Dyer’s memory, the family has suggested the Boy Scouts of America (www.scouting.org), the Texas Lions Camp in Kerrville (www.lionscamp.com), or the Dal Paso Museum in Lamesa.
Posted by Beldar at 05:33 PM in Family | Permalink | Comments (46)
Thursday, June 04, 2009
POTUS as the Great Defender of the Faith
Did you have the same reaction that I did back in 2001 when — in an official speech specifically directed to the Christian world during one of his trips to the Middle East, a speech whose official theme was "A New Beginning" — President George W. Bush firmly rejected the constitutional separation of church and state, and instead proclaimed that his official duties included the defense and promotion of one religion (emphasis mine):
So I have known Christianity on three continents before coming to the region where it was first revealed. That experience guides my conviction that partnership between America and Christianity must be based on what Christianity is, not what it isn't. And I consider it part of my responsibility as President of the United States to fight against negative stereotypes of Christianity wherever they appear. (Applause.)
Except ...
That was actually today, not 2001. It was President Obama, not President Bush. And it was Islam, not Christianity.
It's fine for an American President to try to understand, respect, and avoid giving unnecessary offense to Muslims, in or outside of America. But pandering to them is unseemly. And pretending that "fight[ing] against negative sterotypes of Islam wherever they appear" is "part of [the] responsibility [of the] President of the United States" is grotesque. Did our self-proclaimed former professor of constitutional law actually read this speech before he delivered it from his teleprompter? If he did, then that raises the question: Has he actually read his present job description, or the rest of the Constitution and its amendments?
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UPDATE (Mon Jun 8 @ 7:40pm): As commenter K~Bob mentioned below, Houston-based talk-radio host (and AM Operations Manager for Clearchannel AM stations KTRH, KPRC, and KBME) Michael Berry, guest-hosting for Mark Levin on his syndicated national radio show last Friday, twice referenced and read approvingly from this post on the air. Mr. Berry was kind enough to phone me today and also to send me a link to a podcast of the broadcast, for all of which I'm genuinely grateful!
Posted by Beldar at 10:25 PM in Current Affairs, Law (2009), Obama, Politics (2009), Religion | Permalink | Comments (22)
Tuesday, May 26, 2009
Beldar's initial take on the Sotomayor nomination
Elections have consequences and, as he's prone to remind us, Obama won. I firmly believe that the President of the United States has the right to choose who he wants as his nominees to the Supreme Court, and that the Senate, in its advice and consent role, ought to confirm those nominees unless they're objectively unqualified. Of course that is not the rule Obama, Biden, or Clinton followed as senators; but notwithstanding their perfidy, and the fact that such perfidy is more typical of their party than of the GOP, I still think the GOP senators did the right thing when, for instance, the Senate approved President Clinton's nomination of Ruth Bader Ginsburg by a vote of 96 to 3 in 1993. And yes, of course John Roberts ought to have been confirmed as Chief Justice by at least that kind of margin, and yes the Dems who voted against him are unprincipled hyper-partisan bastards. So what else is new?
(An aside, apropos of very little: When I was puttering around my father's house during a visit to my hometown in January, I happened upon an unbound issue of the Texas Law Review — specifically, Volume 57, No. 6, dated August 1979. It was on my non-lawyer father's bookshelf — and it's certainly the only legal periodical to be found anywhere in the house — because it contains my one and only published law review article (or, more technically, my "student note" that I wrote as a second-year law student and new member of the Review). I hadn't looked at that issue, though, since some time in the early 1980s, and I had quite forgotten that one of the lead articles in that issue was entitled "Ratification of the Equal Rights Amendment: A Question of Time." The author? Ruth Bader Ginsburg, then a professor at Columbia Law School.)
In any event, there's never been any chance that President Obama would nominate a replacement for Associate Justice David Souter of whom I would thoroughly approve, or mostly approve, or even much like. Nor has there ever been a realistic chance that someone with the minimal objective qualifications could be effectively filibustered, much less defeated in an up-or-down confirmation vote, given the current composition of the Senate. As a practical matter, the most that conservative GOP senators could realistically hope for is to nudge whoever Obama nominated out onto some long and slender limbs during her confirmation hearings — possibly generating some pithy sound-bites that can legitimately become grist for the public mill when the GOP asks the American public again in 2010 and 2012, "Do you really want the Democrats to have such a free hand in putting this kind of person onto the federal bench?" And that's still a goal that's definitely worth pursuing, especially if the GOP members of the Judiciary Committee can treat their own rampant and chronic cases of "senatoritis" (that is, making speeches rather than actually asking pithy and comprehensible questions which will genuinely probe the nominee's beliefs and judicial temperament).
Based upon what I know of her so far, in U.S. Circuit Judge Sonya Sotomayor, Obama seems to have passed the "minimum objective qualifications" bar. This is no surprise, no more than the fact that this is a blatantly racist and sexist selection made to appease the Democratic Party's loathsome identity politics. However, Karl Rove made a good point on one of the Sunday talking head shows this weekend when he pointed out that the Obama Administration can't possibly have vetted her (or any of the other finalists) nearly as thoroughly as the Bush-43 Administration had vetted Roberts and Alito, so I reserve the right to change my opinion if some significant disqualifying facts pop out now that she's under everyone's microscope.
Beyond that, my main reaction to the Sotomayor nomination is actually a sigh of relief. This is guesswork on my part, mind you. But from what I know of them, my strong gut hunch is that either of the other two purported "finalists" whose names had been floated in the press — newly confirmed U.S. Solicitor General Elena Kagan or U.S. Circuit Judge Diane Wood of the Seventh Circuit — had significantly greater potential to become extremely effective in influencing Mr. Justice Anthony "Sweet Mystery of Life" Kennedy. (Indeed, the potential nominee I feared the most, and for that very reason, was Obama buddy Cass Sunstein, who I think would have absolutely owned Anthony Kennedy within his first six months on the Court.) Had Obama chosen someone likely to become particularly influential with Justice Kennedy, that could have made a significant, and oftentimes outcome-determinative, difference on some substantial portion of the very close decisions on the Court over the next several years, even if we assume that the new junior-most Justice will mostly vote as we expect Justice Souter would have done. I don't think Justice Souter has been especially effective in influencing Justice Kennedy, however, and I don't have any reason to believe that Judge Sotomayor, if confirmed to the SCOTUS, will be either.
Posted by Beldar at 07:15 PM in Congress, Law (2009), Obama, Politics (2009), SCOTUS & federal courts | Permalink | Comments (28)
Wednesday, May 20, 2009
Supermax prisons' no-escape record doesn't answer concerns about moving Gitmo terrorists onto U.S. soil
I'm already very tired of hearing the stupidest new talking point of the mainstream media: "Why worry about bringing terrorists from Gitmo to the mainland U.S., when we've never had a single escape from a federal 'Supermax' prison?" Duh. This is the sort of 9/10/01 thinking, the sort of "treat global terrorism like a domestic law enforcement problem," that is going to get people killed.
The risk isn't just, or even primarily, that the terrorists will escape, or that they'll misbehave while in custody, although those are indeed considerable risks that ought not be dismissed out of hand. Nor is the risk just, or even primarily, that being on U.S. soil will strengthen the prisoners' potential legal claims and defenses — although that's a considerable risk, too.
Rather, the most serious risk is that the same type of terrorist organization that mounted a simultaneous four-plane multi-state flying bomb assault on the Twin Towers and the Pentagon on 9/11/01 would welcome the opportunity to assault any holding facility on American soil, or whatever community was closest thereto, in an attempt to force the captured terrorists' release. Simply put, friends and neighbors: Any holding facility for radical Islamic terrorists on American soil would be a target and a potential "rescue mission" for which al Qaeda or its like would delightedly create dozens or hundreds of new "martyrs" from among their own ranks.
Right now — as has been continuously true since the first prisoners were shipped there after we began operating against the Taliban in Afghanistan — these terrorists' would-be "rescuers" can't assault Gitmo without first getting to Cuba and then defeating the U.S. Navy and Marine Corps at sea, on land, and in the air. That's not the kind of fight they want; those aren't the kind of logistical hurdles they can ever overcome. Keeping all the captured terrorists at Gitmo, in other words, has played directly to our strongest suit as a nation — our superb, unparalleled, and highly professional military strength as continuously projected in a place of our choosing without risk of collateral casualties among American civilians.
But once the scene shifts to American soil, we lose virtually all of that combination of power and flexibility, and surrender back to the terrorists all the advantages upon which they regularly depend. Getting into the U.S., or using "sleepers" already here? In a fight against some local sheriffs or prison guards armed mostly with revolvers and tasers (perhaps supplemented with shotguns or even a few assault rifles, but no heavy weaponry at all)? With the fighting to take place in or even near any American population center? Can the Obama Administration possibly be so stupid as to forfeit all of our own advantages, and give all of the terrorists' advantages back to them? Can they do that for no better reason than to placate the idiots on the Hard Left who still have failed to heed the warnings on those Viagra/Levitra commercials? (Their hard-ons for George W. Bush have lasted now for substantially more than four hours — indeed, for more than eight years! — but they're still not seeking immediate medical, which is to say, psychiatric, attention.) I'm very afraid that the Obama Administration's answer to these questions may remain: "Yes we can!" (Followed by, "Shut up! We won.")
If instead you distribute the current Gitmo prisoners among many American locations, you still forfeit all of the advantages of Gitmo, while simply multiplying the number of potential targets that we have to protect, and without significantly diminishing the potential propaganda rewards to their would-be terrorist rescuers from even a single assault. Their international publicity coup would be about the same — humiliating the "Great Satan" again on its own soil — whether they sprang two prisoners or two hundred. And for that matter, their PR purposes don't require them to actually succeed in the rescue attempt, just to get a lot of non-terrorists killed too.
As for why domestic history with merely criminal organizations isn't instructive: The Mafia, or the Colombian drug-lords, or whatever other allies there may be of those who've been successfully held in Supermax and other American civilian prisons, generally aren't willing to engage in mass suicides to free their incarcerated compadres. Nor are they inclined to try to kill thousands of American civilians in the process of effecting a rescue. "Terrorism" is a sideshow for them, a temporary and small-scale means to generate financial profit. And while they have money and access to at least paramilitary weapons, they don't have the kind of rogue state support (think Iran and potentially North Korea) that may be available to our enemies in the Global War on Terrorism — ummm, errr, Global War on Man-Caused Disaster-Creators.
Security for the terrorists now being held at Gitmo, in short, isn't just a question of "keeping them in." It's necessarily a question of keeping them where they can't get to others and others can't get to them — or anywhere remotely close to them.
Posted by Beldar at 06:40 PM in Global War on Terror, Law (2009), Politics (2009), SCOTUS & federal courts | Permalink | Comments (21)
Thursday, May 14, 2009
Obama's budget: "Smart people" decided "what we need to do," with no limits and no concern about revenues or deficits
It's a couple of weeks old now, but I just caught up enough in my magazine reading to reach Ryan Lizza's article in the May 4th New Yorker entitled Money Talks, a report on how the Obama Administration has gone about preparing the federal budget. And as is so often the case in New Yorker articles, what stuns me about this one is its reporting of facts that strike me as extraordinary and alarming, but which apparently fail to register on the Left's consciousness as being anything abnormal. (If they're noticed at all by the Left, they're considered admirable.) Consider these two paragraphs tucked into the middle of the article (boldface mine, italics in original):
The initial discussions were highly abstract. The first Obama budget, [OMB Deputy Director Robert] Nabors told me, “was being designed with an eye toward what do we need to do to put the economy back on a more sustainable path? What do we need for economic growth? And what do we need to do in order to transform the country? Those were our overarching principles.” The budgeteers took a hyper-rational approach, attempting to determine policy and leave the politics and spin for later. He went on, “One of the things that would probably surprise people is that this wasn’t an effort where anybody created a top-line budget number and said, ‘This is the number that we have to hit, and that’s just that, and we’ll fit everything else in.’ Or, ‘We can’t go higher than x on revenue,’ or, ‘We can’t go higher than y on spending.’ It was more of a functional budget than anything else: ‘This is what we need to do. These are our principles. These are our core beliefs. And as a result this is what our budget looks like.’”
Nabors compared the process favorably to his experience on Capitol Hill, saying, “One of the things that was really surprising to me is the amount of value that was put into analytics and academics, and thinking constructively about a project. I’m not saying that people completely ignored the Hill reaction or the public reaction, but we began with: ‘This is what smart people are saying about this, and this is why.’"
Got that? You understand now how the Obama budget came about? Based on their "core beliefs," the "smart people" simply decided "what we need to do," and that's how much the federal government will now spend — with no effort being made to base the budget on what revenues the government may take in, and with no "top-line budget number" to limit the appetites of those "smart people" as they set about to vindicate their "principles" by hurling huge chunks of federal cash in their general direction. (Or did Nabors really mean "principals"?)
In other words, from the mouth of a senior Obama Administration official, as reported in a respected Leftist publication: There was no budgeting process, there was just a spending spree driven by political beliefs.
So thanks, Mr. Lizza, for those direct quotations. They explain a lot, and they completely validate conservatives' worst fears. You almost certainly intended this reporting to paint the bold new Obama team as principled and sublimely competent architects of a fair new society. It's darkly amusing to me that you can't see that you've instead confirmed them to be worse than the worst caricature of spendthrift Democrats that any fiscal conservative of either party has ever dreamed up.
(The balance of the article is equally terrifying, for essentially the same reasons. E.g.: "[A] balanced budget is not something that is fiscally conceivable without fundamentally just deconstructing the federal government" and "Obama’s budget assumes that, even after the recession passes, the government can live with deficits indefinitely." It's a tedious tale of unrelenting irresponsibility, the proud internal newsletter of an asylum written after the inmates have taken over.)
Posted by Beldar at 03:30 AM in Current Affairs, Obama, Politics (2009) | Permalink | Comments (9)
Wednesday, May 13, 2009
Beldar on Posner on conservatism
U.S. Circuit Judge Richard Posner of the Seventh Circuit is a fine jurist, and a profound thinker and writer on matters economic and legal. To the extent he and Barack Obama rubbed an occasional elbow as part-time faculty at Chicago Law School, he's probably as close to a "conservative" as the latter encountered — but that's very much a comment on the particular brand of economic (which is to say, important but restricted) conservatism associated with that law school and its host university. Nevertheless, Judge Posner has earned wide respect, and so I read with interest and an open mind this post on his blog in which he attempts to explore the question of whether the "conservative movement" is "losing steam."
Unfortunately, as Judge Posner has softened and dialed back his focus to consider, as he puts it, the "conservative movement" beyond the matters of his particular expertise and experience, he's offered up a very shallow critique that's essentially indistinguishable from that which a particularly bright member of the mainstream media — but someone informed only by the mainstream media, and disinclined to dig beneath its canards and biases — would create while ostensibly trying to stand in the shoes of conservatives:
By the end of the Clinton administration, I was content to celebrate the triumph of conservatism as I understood it, and had no desire for other than incremental changes in the economic and social structure of the United States. I saw no need for the estate tax to be abolished, marginal personal-income tax rates further reduced, the government shrunk, pragmatism in constitutional law jettisoned in favor of "originalism," the rights of gun owners enlarged, our military posture strengthened, the rise of homosexual rights resisted, or the role of religion in the public sphere expanded. All these became causes embraced by the new conservatism that crested with the reelection of Bush in 2004.
What an incredible non sequitur in the very first sentence of that paragraph — as if the Clinton Administration had been an instrument, rather than an opponent, of "the triumph of conservatism"! Bill Clinton, of course, has never acted out of any other principle than what would promote the career of Bill Clinton, and he famously "triangulated" himself into claiming credit for welfare reform and (compared to what came later and to the Democratic Party's reflexive defaults) fiscal sanity. But to mention Bill Clinton's name in the same context as Goldwater, Rand, Kirk, Buckley, Friedman, Hayek, Kirkpatrick, or Reagan is a terribly bad joke.
So, too, is it to assert with a straight face that "the essentially conservative policies, especially in economics, of the Clinton administration, and finally the election and early years of the Bush Administration, marked the apogee of the conservative movement." Bill Clinton won't be remembered in history for a few years of budget surplus (enabled jointly by the economic boom resulting from the transition to an information economy and taxation and spending policies forced upon him by a GOP Congress), nor for welfare reform (enacted, again, despite the resistance of most of Clinton's own party), but for disgracing the presidency with a tawdry sex scandal which he turned into perjury and obstruction of justice, leading to his impeachment. Just a few lines earlier in this same post, Judge Posner had already written, mostly accurately, that the conservative movement, as exemplified by Reagan,
included the free-market economics associated with the "Chicago School" (and therefore deregulation, privatization, monetarism, low taxes, and a rejection of Keynesian macroeconomics), "neoconservatism" in the sense of a strong military and a rejection of liberal internationalism, and cultural conservatism, involving respect for traditional values, resistance to feminism and affirmative action, and a tough line on crime.
Now, I can understand how Judge Posner came to list those features of Reagan conservatism in that particular order, given Judge Posner's own specialties and interests. But — with due respect to him — "respect for traditional values" isn't just a minor sub-branch of "cultural conservatism." Rather, it is the basic and fundamental explanation for almost everything else that can be properly described as "conservative," and it was the specific source of conservatives' profound revulsion to Bill Clinton as a national leader and a man, regardless of what policies Clinton's pollsters had persuaded him to support in any given week or month.
And note, too, how Judge Posner completely buys into the labels the Left puts on conservative positions. I, for example, consider myself an ardent feminist because I believe my daughters should have rights and opportunities equal to those of my sons; I don't know any conservative who disagrees. My respect for women and women's rights likewise leads me to honor and respect not only those women who choose to work outside the home, but those who choose (whether forever or just for a time) the traditional paths of mother and homemaker. But if one accepts without further scrutiny a definition of "feminism" which embraces so-called "comparable worth" philosophy — that is, which requires equal pay for work that in fact is not comparable, but of demonstrably lesser value — well then, yes, all proponents of genuinely equal rights for the sexes are redefined to become "resistan[t] to feminism." And the precise same analysis applies to racial preferences under the guise of "affirmative action." Until one looks beneath, and then rejects, these misleading labels, one cannot recognize how profoundly hostile the associated concepts are to individual rights and liberties. I wish Judge Posner would re-read Orwell's "Animal Farm" because he's lost sight of how ludicrous it is to insist that some animals are "more equal" than others.
Judge Posner is, I would stipulate, a moral man, as evidenced in small part by his inclusion in his list of "conservative movement" principles the "respect for traditional values." And even if he under-rates the importance, to both the movement and the nation, of that respect for traditional values, I doubt that he fundamentally objects to the notion that morality may properly inform and guide policy. Yet because he is not religious, Judge Posner slights and then disrespects the extent to which religion, too, may properly inform and guide policy — as distinct from dictating it. Count me in solidarity with my blogospheric friend Prof. Stephen Bainbridge, who felt compelled to disassociate himself from "the implicit assumption in Posner's post (as in so much else of his work) that religious discourse is inherently anti-intellectual (or, at least, non-intellectual)." Prof. Bainbridge points out that "a renewed conservative intellectualism would be deeply engaged with Catholic Social Thought," and that's exactly the right word to use — "engaged." Public policy decisions ought not be dictated by, nor married to, any religion or school of religious doctrine; but neither should those debating public policy be reflexively hostile to or dismissive of concepts and arguments that may have originated from a religious believer or an exercise of faith.
Either as a moral man, or as a Christian, I can be appalled by the slaughter of unborn children in Planned Parenthood's abortion mills — and I can likewise, as either, be concerned about the plight of the girl or woman who desperately wants off the path she finds herself on to motherhood. Both my moral and my religious views may properly play a part in my thinking and argument as I participate in a civil and reasoned analysis of either the public policy (very difficult) or the constitutional law (much clearer) of the ever-present debate over abortion rights. That doesn't make me "pre-occupied" with that particular topic, however, and it certainly doesn't disqualify my arguments on it. What ought to define the "conservative movement" is an easy, confident openness to ideas and principles, without the rigid notion so common among statists (poorly self-styled as "progressives") that any idea or principle which may be rooted in or even congruent with religion is necessarily a political heresy. Just as we recognize that racial preferences and welfare demean individual dignity and ultimately promote their own bigotry, we should recognize that reflexive hostility to religion and the religious is another form of bigotry.
These are the sort of intellectual blind spots — or, less charitably characterized, the sort of incidents of intellectual flabbiness and complacency — that can and should be forgiven in a man who's done so much else of real value in his genuine areas of expertise. I wage no jihad against Prof. Posner and his blog post, and I'd be glad to have him as a consistent tent-mate! But I welcome the day, if it comes, when he will recognize that on areas outside his own particular expertise in economics and antitrust law, he's let his intellect become stratified by adopting and then parroting double-speak from the Left. Regardless of whether it has "lost or is still losing steam," there's no doubt whatsoever that the "conservative movement" is currently out of power and reduced to "loyal opposition" status. But if Judge Posner's convinced that the "conservative movement" includes the likes of Bill Clinton and is hostile to daughters having the same employment opportunities as sons, then with due respect, I'm not looking to Judge Posner as the best forecaster of when, whether, or how conservatism and conservatives may return to a more powerful position.
Posted by Beldar at 03:07 AM | Permalink | Comments (19)
Sunday, May 10, 2009
Great competitors among Rockets and Greyhounds
Most Houston sports fans, including me, are reveling in one of the most satisfying Houston Rockets wins in many years — a thorough drubbing of the perpetual rockstar team of the NBA, the Los Angeles Lakers, by a final score of 99-87 that somewhat conceals the Rockets' overall domination (including a 29-point lead in the early fourth quarter). The Rockets are still decided underdogs. But for all the reasons I'm normally not a big fan of the NBA, I particularly enjoyed this game.
With the Lakers already leading the playoff series 2-to-1 and Rockets star Yao Ming out for the remainder of the year with a broken foot, the Rockets were widely expected to politely roll over and die. Instead, they thoroughly embarrassed the Lakers with a combination of aggressive and consistent defense, textbook hustle and teamwork, and unlikely heroes — chief among them point guard Aaron Brooks with 34 points and forward Shane Battier with 23 points, 15 of them on 3-pointers. Four different Rockets were in double-figures, even though arguably the most high-profile Rocket on the floor, guard Ron Artest, had a poor offensive day (only 4 for 19 for 8 points). The Lakers gave up 11 turnovers, most of them early in the game when the outcome was at least arguably still in doubt, and they let their frustration show with two technical fouls. With his teammates' help, Battier — who in my humble opinion is the smartest and most underrated player in the NBA, and therefore among the most appealing underdogs to root for — also held Kobe Bryant to a pathetic 15 points, turning the Lakers' superstar into a complete non-factor. Very sweet!
But even that was not, to me, quite as sweet as the performance on Friday of the Johnston Middle School Greyhounds in the HISD-wide "Name That Book" competition. The third-place finish city-wide, on the heels of a second-place result at the initial competition during the previous week, marked Johnston's best showing in sponsor and JMS librarian Delores Sellin's memory. And among the celebrants was my youngest, Molly, fourth from the left (with the purple sleeve) in the photo below:
Happy Mother's Day to all mothers out there, and especially to my ex. (The promised review of the new Star Trek movie will probably have to wait until next weekend; we rearranged some schedules to guarantee her some extra snuggle-time with four kids who are increasingly hard to get all together in one place at one time.)
Posted by Beldar at 05:30 PM in Family, Sports | Permalink | Comments (8)
Saturday, May 09, 2009
Star ____?
In anticipation of my going to see the new movie tomorrow, I have this simple question for you all:
Posted by Beldar at 11:09 PM in Film/TV/Stage | Permalink | Comments (6)
Thursday, May 07, 2009
Holocaust 2
Even in this long winter of discontent for conservatives, I am optimistic about America. Even this early on, it's obvious to me that the Obama Administration is wearing clown shoes. Just like Hollywood tries to make Tom Cruise look 6' 2" through creative camera angles, shot composition, and discretely hidden wooden boxes and ramps, the mainstream media will continue to try to make the Obama Administration look competent and successful. But they can't fool most of the people all of the time. It's already clear to America's grass-roots conservatives where the GOP went wrong in 2006 and 2008, and when new faces in the party return to classical principles with clear and steady voices, enough additional voters will respond. There will be disaster repair to do, and that for quite a while. But I'm still mostly optimistic about America in the long term.
I wish I were as optimistic about the world, but it seems to me that we're re-living 1934. Or is it 711?
I have no doubt whatsoever that in articles like this one, Mark Steyn is being an alarmist. But as much as I'd like to, I can't find any reasonable basis to argue that Steyn's ringing a false alarm (emphasis mine):
So it will go. British, European, and even American troops will withdraw from Iraq and Afghanistan, and a bomb will go off in Madrid or Hamburg or Manchester, and there will be nothing left to blame except Israeli “disproportion.” For the remnants of European Jewry, the already discernible migration of French Jews to Quebec, Florida, and elsewhere will accelerate. There are about 150,000 Jews in London today—it’s the thirteenth biggest Jewish city in the world. But there are approximately one million Muslims. The highest number of Jews is found in the 50-54 age group; the highest number of Muslims are found in the four-years-and-under category. By 2025, there will be Jews in Israel, and Jews in America, but not in many other places. Even as the legitimacy of a Jewish state is rejected, the Jewish diaspora—the Jewish presence in the wider world—will shrivel
... It may be some consolation to an ever-lonelier Israel that, in one of history’s bleaker jests, in the coming Europe the Europeans will be the new Jews.
Please read the whole thing.
Outside Europe, though, in the tiny country they've reclaimed on the Mediterranean's east coast, the old Jews will still have the familiar role they had in Holocaust 1. "Never again" is going to have to be modified to read "Never (quite that slowly) again." The new holocaust will turn millions of Jews (and others) into smoke and ashes in a matter of seconds, minutes, and hours, not weeks, months, and years. Such Jews as are left, there or (mostly) in America, will have the ruinous "comfort" of Israel's retribution in a similarly compressed timetable, with Tehran left in a mix of smoking radioactive ruins and green glass that will make Berlin circa May 1945 look positively lush and undamaged. Thereupon those mullahs who love death as we love life will re-declare their own victory. And as history is repeated and we re-write it, the question will be asked again: "Who could have prevented this, given who had the capabilities (if not the requisite moral clarity and courage)?" The answer will, ironically, be identical to the title of Steyn's recent book: America Alone
Iran will have its bomb before the end of Obama's first term. After that, it's a dice throw: I'd guess maybe two chances in twelve that it gives a bomb to "plausibly deniable" terrorists who'll explode it in America, against maybe seven chances in twelve that the target is Tel Aviv. Maybe you count the number of spots on the dice differently, or you think it will be during the term of the POTUS elected or reelected in 2012 that Iran gets its bomb, or you think that the bomb will instead have come directly from Pakistani stockpiles. But whatever tweaks to the probabilities you'd like to apply, you must admit that almost all of the plausible scenarios carry risks so huge that they make mockery of the phrase "Never again."
I don't want to bask in the self-righteous glow of I-Told-You-Soism as I replay clips from Bush-43's Greatest Hits — "grave and gathering dangers," the "Axis of Evil," and most of all, the urgent warnings that we must at all costs prevent "the world's most dangerous weapons" from falling into the hands of "the world's most dangerous regimes." But I have zero confidence — I laugh aloud, in the blackest and bleakest of humor — at the notion that the Obama Administration will do anything except embolden our, and Israel's, enemies, and I believe instead that The One and his minions (including Hillary) will end up actually abetting and accelerating Iran's acquisition of weapons of mass destruction.
I understand how the American Left has deluded itself into mass denial of these probabilities, even though they have no answer to alarmists such as Steyn. What I — as a male American WASP who admires Israel, counts many Jews among his very best friends, and has tried to raise his own children to appreciate the horror of the Holocaust — genuinely can't understand, and don't anticipate that anyone will ever be able to forgive in hindsight, is how a large majority of American Jews are letting themselves be so deluded. My saying that may make some of them angry, and they may argue that I have no standing to kvetch. But I reject that; everyone has standing to say "Never again," because by virtue of being human everyone has the right and the moral obligation to reject inhumanity on that barely imaginable scale.
The only strings preventing the United States from ensuring that Iran doesn't get nuclear weapons are those we have used to tie ourselves down. The longer we wait to break them, the greater the cost will be, and we've waited so long already that the costs now would be fearsome indeed — fearsome in comparison to anything except the probable future that will be brought about by our failure to act. When we fail to act, the costs will be incalculable, and there will be so much blame to go around that I'll still flagellate myself for having done nothing much more than writing a rant like this one. "That was it, Grandfather? You pointed out Obama's clown shoes on your blog?" And I'll nod, and then hang my head and weep.
Posted by Beldar at 11:02 PM in Current Affairs, Global War on Terror, Obama, Politics (2009) | Permalink | Comments (17)
Wednesday, May 06, 2009
Review: Lowry & Korman's "Banquo's Ghosts"
I adore a good spy novel. When I was in grade school, my mother (of all people) turned me on to Ian Fleming's James Bond books. (She had to telephone the local librarian to confirm that it was okay for me to check books out of the "adult" section.) And I've liked, and read, the genre ever since.
But I've grown sick to death of tendentious and preachy books like those John Le Carre has been turning out lately. I won't ever buy another of his books, and I frankly wouldn't bother to cross the street to spit down his neck if some jihadist had cut off his head and set his corpse on fire. I'm just out of patience with the moral relativism crowd; there is good and there is evil in the world, and while I don't pretend that everything American is or has always been unmitigatedly good, I have no patience left for the fools who insist that everything American is and has always been evil, or mostly evil, or more evil than good.
That combination ought to put me squarely in the target audience for Banquo's Ghosts
I'm sad to say that this novel badly needed a better editor. Although I was previously unfamiliar with Mr. Korman's work, I've found Mr. Lowry's nonfiction prose to be consistently quite good. Most of this prose is entirely competent, and there are lyrical, even brilliant bon mots and allusions scattered throughout this book that I'd guess are products of his creativity. But this edition is also filled with non-dialog sentence fragments and inconsistent punctuation. That's a practice which, especially in spy or detective fiction, is not an unforgivable sin by itself; but it becomes unforgivable when, as here, it's both carried to excess and the fragments sometimes leave genuine doubt about their antecedents (and therefore their meaning). And when I pay for a hardbound book written by two American authors and published by an American label, I don't expect to see "mold" spelled "mould." Bad editing causes me to subtract one star.
But this book did not disappoint when it comes to moral clarity. Its twin targets — Iran and the American Hard Left media/intelligentsia/glitterazzi — are well and truly skewered. Messrs. Lowry & Korman could certainly succeed if they were assigned to "deep cover" as writers for The Nation or the HuffPo or the WaPo or even dKos. The plot line is creative and fast-moving, if somewhat shaky and disjointed at times. Without going too deeply into spoiler territory, however, I suspect most readers would agree with me that the ending is ultimately the least credible portion of the entire novel. I think Lowry and Korman pulled their punches — and for that, I must subtract another star.
The book clearly was written with the anticipation of one or more sequels, however, and there are indeed several characters who I'd enjoy reading more about. This is a commendable first effort, which I award three stars out of a possible five. And yes, when the sequel comes out, I'll buy it too.
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UPDATE (Sun May 10 @ 6:05pm): On reflection, I regret making the snarky remark about my extreme lack of regard for John le Carre because of his recent books. I aspire to a higher tone on this blog, and I think I generally have maintained that since 2003. That most on the Left consistently permit themselves to fall into such a corrosive hatefulness is no excuse for my doing so. Ironically, I credit so-called comedienne Wanda Sykes' hateful remarks about Rush Limbaugh at last night's White House Correspondents' Dinner for reminding me of this.
Posted by Beldar at 12:47 AM in Books, Current Affairs | Permalink | Comments (8)
Sunday, May 03, 2009
OMG! Like, before he was 30, Obama was a law review editor! ZOMG-OMG!!1!
From the New York Times:
Many American presidents have been lawyers, but almost none have come to office with Barack Obama’s knowledge of the Supreme Court. Before he was 30, he was editing articles by eminent legal scholars on the court’s decisions.
I'm sure the ghost of William Howard Taft, who'd been a judge on the U.S. Court of Appeals for the Sixth Circuit before he became POTUS, and who later (between 1921-1930) became the Chief Justice of the United States, is duly impressed that for one year in the early 1990s, Barack Obama edited law review articles about Supreme Court decisions. I'm sure the ghosts of Richard M. Nixon (No. 3 in his class at Duke Law and a name partner in a major New York law firm) and Gerald Ford (top quarter of his class as a scholarship student at Yale Law) — or for that matter, Bill Clinton (Yale Law grad, former regular faculty member at the University of Arkansas Law School) — are all just overwhelmed by the thought that a part-time non-tenure track lecturer who taught seminar classes in the basement at Chicago Law School, and who allowed his own law license to become inactive in 2002 (but who nevertheless continued to permit his part-time law firm to hold him out to the public as "of counsel" until 2004), is now going to pick the next member of the SCOTUS.
Almost every law review editor edits "articles by eminent legal scholars on the [Supreme C]ourt's decisions." Law reviews publish more stuff about SCOTUS decisions than about everything else put together. Obama, having interrupted his education for several years between college and law school, was unusually old to be a law student and, thus, unusually old to be a law review editor. By comparison, I was editing manuscripts by eminent legal scholars on the Supreme Court's decisions when I was 21, which made me a bit younger than the average law review editor. Big deal.
Besotted nitwits. In next Sunday's edition of the NYT: "Obama learned to tie his own shoes (with hardly any knots!) before he was eleven!" Surely he is The One!
Posted by Beldar at 05:23 AM in Law (2009), Mainstream Media, Obama | Permalink | Comments (13)
Another well-crafted but foolish paragraph of Peggy Noonan's with which I disagree
Peggy Noonan can surely do better than allusions to '70s soft-rock hits like this one, even when she's right on the substance:
... [Obama's] presentation [during the past week] was low-key, authoritative, and had the look and feel of moderation. When you can give this impression while some of your decisions—for instance, on the legitimate cost and reach of government—are not, actually, moderate, you are demonstrating a singular political talent.
He is subtle and likes to kill softly. As such, he is something new on the political scene, which means he will require something new from his opponents, including, first, patience.
Well, yes, patience is needed, because even the next congressional elections aren't until November 2010, and Obama's not up for re-election until November 2012. But preparation is needed too, along with patience. Where Ms. Noonan goes badly astray this time is this:
[Republicans] have had a hard week. Someday years hence, when books are written about the Republican comeback, they may well begin with this low moment, and the bolting of Arlen Specter to the Democrats. It is fine to dismiss Mr. Specter as an opportunist, but opportunists tell you something: which side is winning. That's the side they want to be on.
Oh, Ms. Noonan, you're far more out of touch than even Arlen Specter is! We don't know yet — we must have patience to learn, but aggressively prepare to seize the opportunities to affect — whether Pennsylvania voters will send a Republican or a Democrat to the U.S. Senate in 2010. But dear Ms. Noonan, bless your heart and your woefully myopic east-coastal blue-state-infected viewpoints, the "side [which] is winning" for sure, the side which for sure caused Arlen Specter to betray his vows and defect to the Democratic Party, is the side of the true conservatives whom Arlen Specter recognized were certain to oust him in the GOP primary. He doesn't know, and no one yet knows, whether he can win the Democratic Primary, or the general election if he gets the Dems' nomination. But he knew — we all know, Ms. Noonan! why don't you? — that he was going to lose the next race in which he was scheduled to run, that being the GOP primary.
Can you not tell the difference, Ms. Noonan, between fleeing from a battle one is certain to lose, and instead fleeing to a side that is certain to win? No one yet knows which side will win, which is to say, no side is certain to win. But Arlen Specter was certain to lose if he accepted the verdict of his own party on his performance. How could you miss that? How can you expect us to take seriously any of your other advice for the GOP when you're that blind?
There is a certain breed of Republican which is convinced that to become more competitive, GOP candidates must become even "more moderate" than John McCain or Arlen Specter. We could call them Noonarians; we could call them Frumarians; we could call them Parkersonians. Or we could call them RINOs. I will continue to voice my objections to their blather and oppose their ideas, but I will not call them apostates, and if they return to the Reaganite Big Tent, I will welcome them upon their return. Some day, perhaps we will all laugh together when we re-read the ridiculous things they wrote while they were in the thrall of Obamamania, things like "The task for conservatives is not so much to oppose the president, but to help him see." They'll blush, I hope, but feel no greater pain. (Surely by then their therapists will have cured them of their mania to finger-comb their hair for chunks of vomit.)
But they must get a grip first. They must forswear despair and the compromise of desperation. They must adhere to at least a few first principles, among them a faith in fiscal conservatism, free trade, federalism, and a robust foreign policy unapologetic for American exceptionalism and devoted to the maintenance and support of the world's preeminent military (not for its own sake, but for what it ensures and protects).
Ms. Noonan, you once were wise enough to sniff out an impostor, a poseur, a fraud like Arlen Specter, and to recognize when a piece of political trash like him was moving in the wrong direction. The Specter defection is indeed likely to be remembered by posterity as a turning point, but it will be one in which conservatives will be seen in hindsight to have taken a deep breath, then exhaled to clear a foul and traitorous stench before — patiently — buckling down to battle, and ultimately defeat, Barack Obama and his Hard Left minions. Buckle down, Ms. Noonan. As Lady Thatcher famously said, now's no time to go wobbly in the knees.
Posted by Beldar at 04:35 AM in Congress, Mainstream Media, Obama, Politics (2009) | Permalink | Comments (10)
Saturday, May 02, 2009
Why I celebrate Chrysler's petition for Chapter 11 reorganization
Count me as one person entirely unsurprised to read that representatives of the Obama Administration were making outrageous and improper threats to the Chrysler bondholders whose refusal to capitulate ended up in Chrysler's Chapter 11 filing. White & Case bankruptcy lawyer Tom Lauria gave a radio interview to Detroit talk radio host Frank Beckman, portions of which are transcribed here, in which he said:
One of my clients was directly threatened by the White House and in essence compelled to withdraw its opposition to the deal under the threat that the full force of the White House Press Corps would destroy its reputation if it continued to fight. That’s how hard it is to stand on this side of the fence.
Beckman: Was that Perella Weinberg?
Lauria: That was Perella Weinberg.
And Obama himself actively participated in the shakedown:
Peter A. Weinberg and Joseph R. Perella are part of a band of Wall Street renegades — “a small group of speculators,” President Obama called them Thursday — who helped bankrupt Chrysler.
That, anyway, is the Washington line.
In fact, Mr. Weinberg and Mr. Perella, with sparkling Wall Street pedigrees, are the epitome of white-shoe investment bankers. And their boutique investment bank, a latecomer to Chrysler, played only a small role in the slow-motion wreck of the Detroit carmaker.
But now the two men, along with a handful of other financiers, are being blamed for precipitating the bankruptcy of an American icon. As Chrysler’s fate hung in the balance Wednesday night, this group refused to bend to the Obama administration and accept steep losses on their investments while more junior investors, including the United Automobile Workers union, were offered favorable terms.
In a rare flash of anger, the president scolded the group Thursday as Chrysler, its options exhausted, filed for bankruptcy protection. “I don’t stand with those who held out when everyone else is making sacrifices,” Mr. Obama said.
Chastened, and under intense pressure from the White House, the investment firm run by Mr. Weinberg and Mr. Perella, Perella Weinberg Partners, abruptly reversed course. In a terse statement issued shortly before 6 p.m. Thursday, Perella Weinberg Partners announced it would accept the government’s terms.
It was too late.
What made Perella Weinberg ultimately give in, when others like Oppenheimer Funds refused? One word: Vulnerability (emphasis mine):
Representatives for Perella Weinberg, which is advising the government on a wide range of banking issues, initially defended the firm’s decision to rebuff the government’s offer.
(Recall that I blogged on March 26 of this year about the odd fact that Obama's chief of staff, Rahm Emanuel, had earned somewhere between $16-$20 million in something between two and three years as an investment banker at Wasserstein Perella & Co. when the Clinton Administration went into exile in 2001, even though Emanuel had zero education, training, or experience as an investment banker or any sort of businessman. And yes — that's the same Perella; he'd moved on to Morgan Stanley by the time Emanuel was at Wasserstein Perella & Co., but it's such a small world, isn't it?)
Glenn Reynolds and Ed Morrissey note the White House press corps' silence — which might be read to imply acquiescence — about being used as part of this threat. And I agree that that's an interesting facet of the story.
The bigger story, however, is that the Obama administration is engaged in a colossal abuse of power whose magnitude far exceeds a mere subversion of the White House press corps. Barack Obama has become Guido, the thug who everyone knows has not only a nasty habit of, but a nasty taste for, breaking kneecaps. And the beneficiary of his current shakedowns are the United Auto Workers.
Click to read more of this post »»»
Posted by Beldar at 03:09 PM in Congress, Current Affairs, Law (2009), Mainstream Media, Obama, Politics (2009), SCOTUS & federal courts | Permalink | Comments (15)
Thursday, April 30, 2009
Lines that cannot have come from a conservative's pen
Quoth Kathleen Parker (italics hers, boldface mine):
As a recovering obsessive-compulsive, the past 100 days have been a torture of quantification. How’s he doing SO far? Is he the change we’ve been waiting for? Is Barack Obama really a centrist, as so many (including I) had hoped? Or is he one of them dadgum fascist-Marxist-commie-Moozlems?!
Obama is who he said he is—a pragmatist. It just so happens that pragmatism under present circumstances demands/justifies/warrants what are rather socialist solutions. The president is in the unique position of being able to say with face straight and heart true: I’m not a lefty ideologue. It’s just that Republican leadership has left us in the sort of economic free fall that only Big Government can rescue.
Sister Parker, you're hopelessly lost. Put the pen down. If you ever want to be taken seriously again by anyone who genuinely is conservative — or who even understands conservatism as an abstract proposition — then you need to go back to first principles. (Hint: They may be found in many places, but they are emphatically not found in Das Kapital.) And then you need to study history, including recent history.
But right now, you're so far gone that you're incapable of embarrassing us, or further embarrassing yourself. You're just a disgrace, with all the grace and credibility of a loud fart in church.
But no. This isn't an isolated toot that just slipped out, this is a full-fledged attack that would have made John Belushi blush:
... But my truest sense of Obama is that he thinks hard about each issue and that his mind is open. He is still finding out how to be president, listening instead of talking; watching and measuring, as children from disrupted childhoods learn to do.
The task for conservatives is not so much to oppose the president, but to help him see. Show him a better idea and he will consider it....
Ms. Parker, your harmless savant, your open-minded savior, has just proposed and passed a budget that quadruples an already unconscionable federal deficit just for this year. And with his co-conspirators of the Democratic Party, he has committed us to a spending spree that, in constant dollars, exceeds what this country spent on World Wars 1 and 2, the New Deal, the Marshall Plan, and the Iraq War combined. This is what you call "listening instead of talking"?
If this is what he does when he's still "finding out how to be president," then God save the universe from what he'll do when he "grows up"!
Please, Ms. Parker, please stop. You're becoming like the drunk girl at the frat party with such a crush on the frat president that she's unaware there's still vomit in her hair.
Is there no genuine conservative in Ms. Parker's life who can mount a compassionate intervention?
Posted by Beldar at 01:32 AM in Current Affairs, Mainstream Media, Obama, Politics (2009) | Permalink | Comments (13)
Tuesday, April 28, 2009
Specter
The Obama Administration and the Democratic Party have just welcomed a hand grenade, sans pin, on board their bandwagon. Anyone who ever counts on Arlen Specter for anything is likely to be disappointed. There have been many precedents to prove this: The only thing Specter has ever been reliable at is being unreliable. Now there's a super-precedent.
As a legal concept, "super-precedents," of course, are a ridiculous figment of Arlen Specter's addled imagination. But Specter's latest display of craven opportunism has finally persuaded me that "ass-clown" is a legitimate compound word.
Posted by Beldar at 06:04 PM in Congress, Politics (2009) | Permalink | Comments (17)
Wednesday, April 22, 2009
NYT again misreports maximum potential penalty that could have been sought against surviving Somali pirate
U.S. Magistrate Judge Andrew J. Peck of the United States District Court for the Southern District of New York has ruled that the surviving Somali pirate captured by the U.S. Navy after attempting to hijack the M/V Maersk Alabama, Abduwali Abdukhadir Muse, will stand trial as an adult. In so doing, Judge Peck credited testimony yesterday from New York City Detective Frederick Galloway, who — according to the New York Times — "who went to Africa as part of an investigative team." Detective Galloway testified that
Mr. Muse, after giving different ages, said he had been untruthful, apologized and said he was “between 18 and 19.”
“He also said, ‘I’m sorry for lying to you,’” Detective Galloway testified. “He said, ‘When I pray again, I’ll ask Allah to forgive me for lying to you, and I won’t lie to you again.’”
Judge Peck rejected as "incredible" contrary testimony given by Muse's purported father (through an interpreter and via a telephone hookup to Somalia) to the effect that Muse is only 15 years old. As for suggestions that Muse was merely a passive follower of the other pirates, the NYT story reports:
Click to read more of this post »»»
Posted by Beldar at 09:39 AM in Global War on Terror, Law (2009), Obama, SCOTUS & federal courts | Permalink | Comments (7)
Sunday, April 19, 2009
Review: Beldar & kids see "Duplicity"
"Twisty!"
That's the one-word verdict of my son Adam on the corporate espionage thriller, Duplicity, which he, my daughter Molly, and I saw early this afternoon. Molly and I not only joined in that verdict, but concurred with Adam's degree of substantial satisfaction in pronouncing it.
This is a slow time of year at the box office, and today was one of those days when we'd decided to go to the movies with no clear intention as to what we'd see. If we'd arrived an hour later, we might have instead seen 17 Again, despite Adam's objection that its male lead, Zac Efron, has a distractingly truncated first name.
But "Duplicity" dives immediately into a twisting and turning plot — if you leave for five minutes mid-movie to get fresh popcorn, you'll pay a heavy price — and although its trailers and advertising (warning: noisy website) certainly led one to expect double-crosses and surprises, it has an adequate combination of freshness and misdirection to avoid obvious clichés or predictable plot kinks.
I began convinced that Julia Roberts had been miscast as the female lead in this movie: She looked all of her 41 years, and perhaps a few more. I suspect, in fact, that the filmmakers deliberately avoided the flattering makeup, wardrobe, and lighting that might have knocked a few years off her apparent age, because her actual age better fit the character she was playing — someone neither overly lush nor brittle, but of whom an unkind (and yes, sexist) westerner might still say, "That's a mare, not a filly, and she looked like she'd been rode hard and put up wet." Ms. Roberts is still a striking, sexy woman. But I don't think anyone would use the terms "girlish" or "wicked hot" to describe her in this movie — in contrast to, for example, Charlize Theron in The Italian Job. And Ms. Roberts was less glamorous than, say, a comparably mature Rene Russo opposite Pierce Brosnan in the 1999 remake of The Thomas Crown Affair.
Clive Owen I can take or leave, and I might have been more receptive to whatever on-screen chemistry he developed with Ms. Roberts if I hadn't already watched her and Rupert Everett's campy but sexless on-screen relationship in My Best Friend's Wedding three or four times on late-night cable/satellite channels. I'd seen, but almost forgotten, Mr. Owen's and Ms. Roberts' performances as romantic interests in 2004's Closer; but perhaps to the extent it was in my subconscious, that quirky film ended up diluting rather than intensifying their on-screen chemistry for purposes of this one. A British accent and a muscular and dark-haired chest make for interchangeable leading-men hunks these days — all of them, as far as I can tell, living off the glorious, reflected, but fading sort of charm defined by Cary Grant and Sean Connery. In any event, Mr. Owen ended up being good enough, and occasionally drolly funny. And Ms. Roberts ended up being better than I expected, delivering a somewhat low-wattage but nevertheless persuasive performance.
The supporting cast, however, was simply terrific — better than the leads, better than the directing, and better than the script. Tom Wilkinson and Paul Giamatti, as rival CEOs from "Equicrom" and "Burkett & Randle" (think Unilever and Procter & Gamble), very nearly stole the show from Mr. Owen and Ms. Roberts. Mr. Wilkinson's performance was as subdued and guileful as Mr. Giamatti's was spittle-flecked and trenchant, but both were entirely credible and compelling. Carrie Preston had a small part that she turned into pure gold, as did Kathleen Chalfant, but the whole cast shone — and did so without the sort of "Oh, it's my turn now, and aren't I precious!" mugging that I found offputting in films like Ocean's Eleven and its sequels.
In the pantheon of twisty films, this one wasn't remotely as good as The Sting — but then, if you only watch films that deservedly win Best Picture and six other Oscars (with nine total nominations), you're going to run out of entertainment pretty soon. My ultimate but simple test is whether I regret spending the money for the ticket after seeing a movie in the theaters — and I don't regret the price I paid for me, Adam, and Molly to see "Duplicity." It gets a solid "thumbs up" from each of us.
Will you suffer if you wait for "Duplicity" to come out on cable/satellite? No, probably not; and in fact, I'll almost certainly watch it again, TiVo'd so I can replay my favorite scenes and really count the clues, when it does. Even after seeing this movie, you won't quite know the ultimate corporate secret — the difference between creams and lotions — but if you're in the mood to go out for a movie during this season of slim pickings, you could certainly do worse than this one.
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UPDATE (Sun Apr 19 @ 6:45pm): Mild spoilers follow, along with some real-world perspectives that are less flattering to this movie and to Hollywood in general:
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Posted by Beldar at 04:28 PM in Family, Film/TV/Stage | Permalink | Comments (8)
Friday, April 17, 2009
News from America guaranteed to prompt terrorist belly laughs
This makes me laugh too, sorta — but it simultaneously makes me want to weep, for my profession and my country, and for what the former has done to hamstring the latter's desperate fight against the terrorists who would destroy us if they could (first and third bracketed portions mine, others by TIME):
The CIA desire to use insects during interrogations has not previously been disclosed, according to two civil liberties experts contacted by TIME. The Bybee memorandum, which was written on August 1, 2002[, by then-Assistant Attorney General, now U.S. Circuit Judge Jay S. Bybee], described the CIA's plans for using insects this way:
"You [the CIA] would like to place [top Al Qaeda official Abu] Zubaydah in a cramped confinement box with an insect. You have informed us [the Department of Justice] that he appears to have a fear of insects. In particular, you would like to tell Zubaydah that you intend to place a stinging insect into the box with him. You would, however, place a harmless insect in the box. You have orally informed us that you would in fact place a harmless insect such as a caterpillar in the box with him."
An additional sentence at the end of this paragraph is redacted in the copy made public Thursday. Later in the same memo, Bybee concludes that "an individual placed in a box, even an individual with a fear of insects, would not reasonably feel threatened with severe physical pain or suffering if a caterpillar was placed in the box." Bybee adds, however, that the interrogators should not tell Zubaydah that the insect sting "would produce death or severe pain."
One presumes that threatening to dip Zubaydah's pony-tail into an inkwell would likewise have been "torture" unless he were first warned that the "ink" was really easily washed out with ordinary shampoo.
Snark aside: Faced with the choice of putting American lives at mortal risk or putting an al Qaeda terrorist into a juvenile hissy fit, we, as a nation acting through our elected leaders' lawyers, chose the former.
And the Obama administration still calls that "torture," and apologizes for it anyway:
"Those methods, read on a bright, sunny, safe day in April 2009, appear graphic and disturbing,” said [Director of National Intelligence Dennic C.] Blair in a written statement....
I suspect the al Qaeda terrorists are laughing even harder about the part about us all being "safe" now that it's April 2009 and The One has moved into the White House. But that doesn't make me want to laugh at all.
Posted by Beldar at 09:58 AM in Global War on Terror, Law (2009), Obama | Permalink | Comments (11)
Libs scrape the bottom of a stinky, stinky barrel to recycle Spitzer
Anyone who actually believes that disgraced whoremonger and cosmically comical hypocrite Eliot Spitzer has "mastered the art of the recovery," and that he's now been "rehabilitated," is simply delusional. Anyone who's trying to persuade you of that is someone with an extremely liberal agenda — and someone who's in an ill-concealed panic because they see how thin their team's bench is in New York State, ostensibly the preeminent power among the East Coast Blue States.
Nobody has ever liked Eliot Spitzer. Even coming from a state famous for producing rude people, and a profession famous for producing insufferable SOBs, Eliot Spitzer has always stood out mostly for his rudeness and insufferability. In fact, every time I see a picture of him, I'm inevitably reminded of one of my favorite extremely crude lawyer jokes — the one that begins, "Why do all lawyers wear neckties?" (I'm not going to link the answer, you'll have to Google it.)
Eliot Spitzer was never anything but a publicity-crazed jerk even before we learned of his interstate sex trafficking as "Client No. 9." He was a populist demagogue as New York's attorney general — the self-styled "Sheriff of Wall Street" never had anything but the vaguest regard for the rule of law he was sworn to uphold, and he obviously considered himself entirely above it. Finally promoted to the state's top elective office, he instantly became a scandal-plagued failure as New York's governor.
The truth is that Eliot Spitzer has no friends. But he has enemies who have enemies, and the latter don't have anyone more appealing than him to promote at the moment.
At least with the campaigns to rehabilitate Pete Rose or Darryl Strawberry, for example, those guys had genuine talent to partially offset and redeem their tragic flaws. Spitzer is 100% tragic flaw, without even the redeeming benefit of Joe Biden-style hair plugs. Does anyone seriously believe that if Spitzer were all alone in a hotel room tomorrow night — somehow assured that neither press nor law enforcement nor his long-suffering wife were watching — and "Kristen" tapped on his door again with a "90 minutes for $5k" proposition, Spitzer would slam the door in her face?
As H.L. Mencken famously wrote, "No one ever went broke underestimating the taste of the American public," and Spitzer still has the family fortune that allowed him to spend tens of thousands of dollars on callgirls without blinking an eye, so he's in no danger of going broke anyway. But I suppose the best that can be said for the "Spitzer rehabilitation campaign" is that if the Democrats and the voters of New York are stupid enough to buy into it, they deserve exactly what they get — and no one can doubt that they knew exactly what recycled garbage they're buying.
Posted by Beldar at 09:22 AM in Current Affairs, Politics (2009) | Permalink | Comments (4)
Sunday, April 12, 2009
Surviving Somali pirate captured by U.S. Navy should face death sentence under U.S. hostage-taking law
God bless the United States Navy! (H/t "Jack Dunphy" @ Patterico's.) And what a spectacular Easter blessing for the brave Captain Richard Phillips of the MV Maersk Alabama and his gallant crew and grateful family!
Three of the four pirates who were holding Captain Phillips on the Alabama's lifeboat were shot dead, apparently through the exceptional marksmanship and professionalism of Navy SEAL snipers.
As to the fourth pirate — who was aboard the U.S.S. Bainbridge trying to negotiate when his co-conspirators met their just deserts — news organizations including Fox News and the Associated Press are reporting that if brought to America and prosecuted under federal law, he faces a maximum potential sentence of life imprisonment.
I'm pretty sure that's just wrong. I think that if he's brought back to the U.S. for punishment under our criminal justice system, then the surviving pirate could be, and should be, charged with and found guilty of a capital crime punishable by death.
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Posted by Beldar at 05:11 PM in Current Affairs, Global War on Terror, Law (2009), Obama, SCOTUS & federal courts | Permalink | Comments (13)
