Blog on the Run: Reloaded

Monday, June 21, 2010 6:22 pm

Quote of the day

Sen. Al Franken, D-Minn.: “I mean, I don’t speak Latin. But unless stare decisis* means ‘overturn stuff,’ then maybe it’s time for conservatives to stop calling other people ‘dangerous radicals.'”

*”To stand by that which has been decided,” more or less. I don’t speak Latin, either. Oh, and if you follow that link and scroll down, you’ll get to the full text of Franken’s speech, and Dawn Johnsen’s. Both are very much worth reading.

Friday, May 14, 2010 8:39 pm

2nd Quote of the day …

Filed under: I want my country back. — Lex @ 8:39 pm
Tags: ,

also from Cole, buttslapping a bunch of his own (normally supportive) commenters:

… let me state on the record I think [Anwar al-Awlaki] is scum. But he is American scum, and he has rights. …

Some of you say “I’m ok with it if it is done legally.” You know what else was deemed legal- the torture you screamed about for the last eight years. The law in Arizona that you all abhor is “legal.” Segregation was “legal.” The reason you all had a sad face because Dawn Johnsen was not confirmed was because [of] what the OLC and the last administration did to sanitize the morally indefensible and call it “legal.”

If al-Awlaki is killed as a result of a military mission, I won’t lose any sleep. If he is killed in the process of trying to apprehend him, I won’t lose any sleep. If he were to drop dead of a stroke this very minute, I would not lose any sleep.

But I’ll be god damned if I’m going to pretend it is ok to start ordering the assassination of American citizens, even if it is done “legally” and ordered by politicians I generally like. This really is not a tough call at all.

No, it isn’t. And if this is in fact what’s going on, then Barack H. Obama and George W. Bush should be sharing a paddy wagon to The Hague.

Sunday, April 11, 2010 11:35 pm

Gasping for breath

The deluge is not over, but the worst of it has passed, and I now have a wee bit of breathing space. So, let’s see, what has happened while I’m gone? Nothing good, it seems:

I have no idea when I’ll be back, so this’ll have to do ya for a while.

Sunday, February 7, 2010 12:27 am

Odds and ends for 2/6

New York’s attorney general comes down hard on Ken Lewis and Joseph Price in a civil lawsuit, alleging that the Bank of America CEO and CFO misled not only the bank’s shareholders but also their own board, the company’s lawyers and the public as to the amount of water Merrill Lynch was taking on when BAC acquired it — an amount sufficient to have taken BAC down too without a taxpayer bailout. While we wonder why Lewis and Price remain unindicted comes news that Lewis’s attorneys intend to call Hank Paulson and Ben Bernanke to testify in his defense. If my 401k and kids’ college funds weren’t so devastated, I’d be buying popcorn.

The United States attorney general comes down hard on Mitch “WATB” McConnell and other Republicans who think there’s any sort of basis in fact or law for trying the Underpants Bomber anywhere but U.S. District Court. Read the whole thing; it is full of Win.

If he legally changed his name to “Enormous Genitals,”* do you think it would help?: Pakistani career diplomat Akbar Zeb has been rejected by Saudi Arabia as ambassador to that country because his name translates into Arabic as “biggest d**k.” You laugh, but the United Arab Emirates rejected him earlier for the same reason. (h/t: Fred)

*Movie reference:

UPDATE: Fred says we missed a chance by not including this, and I agree:

Shredding the Constitution. Again: The U.S. government was surveilling an American citizen, Anwar al-Awlaki, for months and months and never came up with any basis for indicting him. And yet, somehow, he ends up on an assassination list, in apparent violation of at least three different amendments to the Constitution. Someone want to explain to me how this works?

Fritz Kraemer: the biggest warmonger you’ve never heard of.

How good are you at assessing risk — in particular the risk that what you think about a particular subject might be wrong? You can take a test here to find out. The higher your score (perfect is 100), the more willing you are to consider the possibility that what you think you know is actually wrong. I scored 93, which probably comes as a surprise to everyone who considers me dogmatic. It doesn’t surprise me for two reasons: 1) In 25 years of journalism, you learn to do your homework. So on stuff that I was confident I was right on, I was confident for a reason, and I didn’t hedge my bets, so to speak, during the test. 2) In 25 years of journalism, you also learn not to lean too hard on stuff of which you’re not confident, because the consequences can be much worse than just getting a fact wrong. They can include getting fired and sued. So on questions where I wasn’t certain, particularly those containing multiple factual assertions, I usually chose the “just have no freakin’ idea” option and didn’t feel any shame about doing it.

Tom Tancredo thinks we need a “civic literacy test” that people must pass to be able to vote. So Eli says, OK, fine, let’s get some answers to these questions.

Obama’s ugly budget would look even uglier if Fannie Mae and Freddie Mac liabilities — which, since Christmas Eve, have been potentially unlimited — had been on budget. But, in a trick Bloomberg calls “worthy of Enron,” they were left off.

Multiple personalities; or, IOKIYAR: Rep. Pete Hoekstra, who went all “Pulp Fiction” on Nancy Pelosi months ago for accusing the CIA of lying to Congress, is accusing the CIA of lying to Congress.

What is the Obama Justice Department hiding, and why are Senate Democrats helping them?: Dawn Johnsen’s nomination to head Justice’s Office of Legal Counsel should have been approved months ago; instead, it’s “hung up.” Again. For reasons that make sense only if you believe that Obama doesn’t really want her but also doesn’t want to take the PR hit for pulling her nomination. Memo: Dumping all over your friends is a real good way to get your base fired up to turn out in a challenging midterm election. Not.

How Republicans are trying to recruit more women: “Women sometimes need a little more handholding, or they need their friends to help them make a decision,” Republican National Committee co-chair Jan Larimer said. Ooooo-kay.

Given how often someone tries to repeal important parts of the Bill of Rights, I’m not entirely certain that such Senate traditions as filibusters and the hold should end. But I think we can safely say that when one senator — in this case, Richard Shelby of Alabama, whom no one will ever accuse of sentience — can put at least 70 presidential nominations on hold just because he’s not getting the pork he wants, it really is time to rethink some things. It’s also worth remembering that 1) the pork Shelby is seeking is 10x as much as Ben Nelson got for signing on to the health-care reform bill and 2) Shelby tried to kill GM and Chrystler bailouts because foreign auto makers have plants in his state. This isn’t about the good of the nation; this is about Shelby doing things because he can. But the national media appear to agree that IOKIYAR.

In light of the impending Super Bowl, a few words on the football players about whom almost nothing good is ever said. One reason I like Dan Dierdorff as a football announcer is that, having been an O-lineman, he’s conscious of what they do and how often it makes a big, big difference that most announcers never even pick up on.

Republicans can’t work with Democrats because they want Obama impeached, believe he’s a socialist, think he was born outside the U.S. and therefore is ineligible to be president, aren’t sure if he wants the terrorists to win, think it’s at least possible ACORN stole the 2008 election, consider Sarah Palin more qualified to be president than Obama, don’t want sex education taught in public schools and do want Biblical creationism taught in public schools. But the media think our biggest political problem is that Democrats aren’t sufficiently bipartisan. Sigh.

I’m beginning to understand why Tennessee fans hate Lane Kiffin: He has secured a verbal commitment from a quarterback who’s currently in seventh grade.

Former HP CEO and current Senate candidate Carly Fiorina has unleashed sheer madness in the form of a campaign ad that runs for 3.5 minutes and includes everything from a totally bass-ackwards metaphor to some poor schlub crawling on all fours in a sheep suit. I know it’s California, but still:

One of Jason Linkins’ commenters tips us to the artistic inspiration for the ad:

I want to see this movie. The California election, not so much.

Sunday, January 24, 2010 12:08 am

Odds and ends for 1/23

Insider trading at the Fed?: Or tied to the Fed, anyway. Yet one more reason to audit the thing, and I don’t mean just routine annual audits, either.

Meanwhile, over at the New York Stock Exchange, one can also find hinky goings-on.

Prop-trading ban will hit Goldman Sachs a lot harder than Goldman says, according to an independent credit analyst. In the immortal words of Al Capone, I’ll send flowers. If you own Goldman stock, you should consider the strong probability that you’re being lied to.

Roundup of stories on the prop-trading ban and related issues, here.

Whose Kiss of Death is deadlier, Fred Mishkin’s or Alan Greenspan’s? I don’t care as long as at least one of the two works as advertised and Ben Bernanke slithers back off to the private sector.

So if Bernanke doesn’t stay as Fed chair, who should get the job? Zero Hedge nominates John Taylor, whose thoughts on the roots of the current crisis can be found here. I do not agree with everything Taylor believes, but I believe that on balance he would be a substantial improvement on Bernanke. I’d like to know whether someone else might be even better.

Paul Volcker’s rise from exile to the president’s right hand helpfully resurrects a short (well, compared with Barney Frank’s 1,100-page bill) paper on restoring security and stability to the U.S. financial system.

Rx from Ezra Klein: “If Democrats abandon health-care reform in the aftermath of Brown’s victory, the lesson will be that they can’t govern. … A plumber and I both agree that my toilet should work. But if he can’t make it work, I’m not going to pay him any money or invite him into my home. Governance isn’t just about ideology. It’s also about competence and will. That’s where Democrats are flagging.”

Another Rx: The California Supreme Court ruled this week that people with prescriptions for medical marijuana can have/grow all they need, not subject to arbitrary state limits. Yeah, that increases the likelihood of abuse, but there was no medical basis for the old limits. Let doctors make that call.

My BS meter just pegged: The same Lord Hutton who certified, despite questionable evidence, that British weapons inspector David Kelly committed suicide has ordered all records in the case sealed for 70 years.

My BS meter just pegged again: Walter Isaacson reviews the new book by John Yoo in today’s NY Times without ever using the word “torture.”

S.C. Lt. Gov. Andre Bauer says we need to stop feeding poor people because they breed: I am not making this up: “You’re facilitating the problem if you give an animal or a person ample food supply. They will reproduce, especially ones that don’t think too much further than that. And so what you’ve got to do is you’ve got to curtail that type of behavior.” He also called for drug testing for the parents of the 58 percent of S.C. schoolkids who receive free or reduced-price lunch. I think I know who needs the drug test.

Obama adopts another trick from the Bush bag: This time, it’s having the Justice Department’s Office of Legal Counsel retroactively legalize illegal surveillance. So that’s why the Senate never took up Dawn Johnsen‘s confirmation as head of OLC: There’s no way she’d have signed off on this crap.

The pope says priests should blog. I think that’s a great idea, but I think they’ve got other things to do first.

And finally, DJ Earworm’s annual remix of the Billboard magazine Top 25 pop songs of the year, for 2009. This year’s is called “Blame it on the Pop”:

Monday, January 18, 2010 8:53 pm

Odds and ends for 1/18

Memo from the NY Times to the Financial Crisis Inquiry Commission: Public hearings are good, but subpoenaing documents is better. Yup. Banksters committed fraud on a massive scale. This commission isn’t a law-enforcement agency, but what it finds can help Justice and SEC investigators do their jobs. In fact, it may force them to do their jobs, which a mere sense of duty has not, so far, sufficed to do.

More from the FCIC: The head securities regulator for the state of Texas testifies about how the feds have kneecapped state investigators/investigations, not because they would do a better job but to protect the very people they’re supposed to be regulating. Biggest. Fraud. In. History.

Memo to right-wing nuts (and anyone else, although I suspect only the wingnuts would be stupid enough to try this): Do not invite journalists into your home, sit for an interview and then demand their tapes at gunpoint, because your ass will go to prison and your wallet will go to the journalists. Having once covered the Klan, I’m taking particular satisfaction in the outcome of this case.

The Fed elides oversight and political meddling because it thinks you and I are too stupid to know the difference. Stupid Fed.

Darrell Issa wants Ben Bernanke and Hank Paulson to testify about the AIG bailout. So do I, but Issa has a little more leverage than I do. Uh, Democrats, that slamming sound you hear is Issa walking out the back door with your populist mandate for 2010.

More fraud uncovered: This time, short-sale fraud. And wonder of wonders, it’s CNBC that has uncovered it. Memo to Mary Schapiro: When CNBC looks both more honest and more industrious than the SEC, then you are officially Teh Suck.

For once, J.P. Morgan outperforms Goldman Sachs … if, by “outperform,” you mean, “directs an even more inexcusably large percentage of its total revenues to banker bonuses”64 percent of revenues. Not of profits, of revenues. Remember, Morgan, like the other 37 banks reviewed by the WSJ, has significant amounts of crap disguised as assets on its balance sheets, and even more crap off the sheets that soon will have to be moved onto the sheets. And are the banks setting aside capital to cover the inevitable write-downs? No, they’re buying helicopters and Hamptons houses.

If voters could vote on Obama’s financial appointments they way they can vote on Chris Dodd, Obama would be paging a lot of empty offices. For good reason.

Liberal academia? Yes — because conservatives choose disproportionately not to become college professors. These findings, albeit not yet published, are consistent with some earlier research.

Who killed Pat Robertson? Why, it was Lily Coyle, in the Minneapolis Star-Tribune (2nd letter down), with a clue.

Freedom’s just another word for no one left to screw: Retiring Sen. Chris Dodd could be scrapping the proposed Consumer Financial Protection Agency before he goes.

Well, it’s a step: The U.S. releases the names of 645 detainees at Bagram. Good. But some  of those people have been held for years without even being told why. Not good.

PhrMA theatens to blow up health-care reform. A friend of mine has proposed that any attempt to make a profit off health care should be made a crime. I think that’s extreme, but when stuff like this happens, I understand the anger that gives rise to such suggestions.

Dawn Johnsen might say torture is illegal. Therefore, she cannot possibly be allowed to run Justice’s Office of Legal Counsel, or else the terrorists win.

Memo to special prosecutor John Durham: In the marathon investigation of the destruction of CIA torture videos, the DFHs are eating your lunch. Bet they aren’t charging the government as much as you, too.

All of a sudden, “conservatives” are in favor of privacy. And it’s interesting how the kind of privacy they favor dovetails neatly with protecting them from being held accountable for their actions. Just a coincidence, I’m sure.

If you’re following Perez v. Schwarzenegger and it sounds awfully like Dover v. Kitzmiller, well,  there’s a reason for that: In both cases, science is/was under siege. Science won in Dover. Let’s see what happens in Perez.

Republicans, having fed off the productive among us for so long, are now simply outraged that one of their own is doing it to them. More specifically, their cynical selection of Michael Steele as national chairman to try to appeal to African American voters now means that even though he needs firing and is daring them to fire him, they can’t do it.

Why does Rush Limbaugh hate the troops? And why do the troops continue to air him on Armed Forces Radio when he hates them?

More map pr0n! Geocurrents has created a map blog tied to news events.

Thought for the day: Requiring drug tests for welfare recipients makes sense only if we also drug-test recipients of federal earthquake relief, tax credits and bank bailouts. Despite what you may have been told, your odds of getting into Heaven do NOT increase in direct proportion to the number of times you kick poor people.

“Never (annoy) a walrus.” Because if you do, the bucket is the least of your problems.

Wednesday, January 13, 2010 7:16 pm

Odds and ends for 1/13

Espwa: Our church supports an orphanage in Haiti, Espwa (which means “hope”). The orphanage has a blog. The residents and staff, through (literally) shaken by the earthquake, escaped injury, although several lost loved ones elsewhere in the country. Moreover, the orphanage gets all its food and supplies overland from Port-au-Prince, and it’s not clear right now whether the roads are passable, let alone what shape the city’s shipping infrastructure is in. You can contribute online here.

Goldman Sachs CEO admits under oath to fraud, walks free anyway. No, that’s pretty much what happened. (UPDATE: But Jack Welch calls this “uneventful,” which tells you all you need to know about Jack Welch.)

Jackasses: The SEC, which ought to be clearing up the mysteries around AIG’s use of taxpayer money, instead is trying to bury them. And make no mistake: This would not be happening without the knowledge and approval of Barack Obama. Memo to the Democrats: One real good way to lose Congress is to let hosers like Rep. Darrell Issa play the good guy.

Steepening curve … and not in a a good way: A month ago, the Mortgage Brokers Association was predicting that its members would originate 24% less in mortgages in 2010 than 2009. Now, they’re saying that figure will drop 40%, from $2.11 trillion in 2009 to $1.28 trillion in 2010. That’s the lowest level since $1.14 trillion in 2000.

A clawback, but not for the taxpayers: A large pension fund has sued Goldman Sachs over its bonus policy, asking that money that would be going to Goldman employees go instead to it. Where that budgeted $22 billion in bonus money really needs to be going is the taxpayers, inasmuch as fully two-thirds of Goldman’s 2009 revenues were more or less directly attributable to taxpayers. But I suppose the retirement savings of cops and firefighters is a more productive place for it than Goldman execs’ pockets. And that is where the money (much of it, at least) will go, because Goldman will settle this toot de suite. It does not want its folks answering questions under oath.

A nation of pants-wetters, or, that high-pitched whine you hear is Ben Franklin (“He who would give up liberty for safety deserves neither … and shall have it”) spinning in his grave fast enough to light up Pittsburgh: A majority of Americans want to give up civil liberties to make themselves safer. Cheese and crackers, people, what are all the GUNS for … to HIDE BEHIND? MAN. UP. Or else the terrorists really do win.

Memo to aides to Massachusetts Dem Senate candidate Martha Coakley: I realize that losing Ted Kennedy’s Senate seat to a guy who posed nude for Cosmo might make one’s candidate a bit, um, testy, but still, don’t shove reporters. Or move to China if you want to do that stuff.

Jan. 23 is National Pie Day. I think I may head over to K&W and have some of the chocolate-creme to celebrate.

From Facebook’s Overheard in the Newsroom: Design Editor: “I want the font that makes people addicted to reading newspapers again.” Commenter Bruce Reuben: “The font would have to be made of crack.” Lex: “The font that looks like kick-ass, take-names accountability journalism. Yeah. That. Also.”

Harold Ford: Strikingly un-self-aware. I’m not a huge fan of Sen. Kristen Gillebrand, but having lived in NY I think she’s far more in tune with people than Ford is. As someone else put it, there’s a reason Alabama doesn’t send gun-confiscating atheists to the Senate.

Nobody does human like Tolstoy, as Ishinoy reminds us.

Tucker Carlson won’t tell you, so I (and Crooks & Liars) will: His new site, The Daily Caller, will have a whole section devoted to “environmental scepticism” [sic]. His primary funder — $3M in the first year alone — is a huge global-warming denier.

Now it’s up to Harry Reid … and Barack Obama: Arlen Specter says he’ll back Dawn Johnsen to head Justice’s Office of Legal Counsel. So that’s 60 votes. Let the flushing of the Aegean stables begin.

Somali pirates have scared off shipping … including the illegal trawlers that had depleted fisheries, so that legit fisherpeople are having a great year. Hey, you take your good news where you can find it.

Shorter WSJ: Watching TV will kill you dead. (I was never allowed to summarize medical research like this when I was a professional medical writer. I must say, this is fun.)

Bitters shortage: Does anyone who is not either a watcher of or a character on the AMC series “Mad Men” even drink Manhattans? And if so, why?

It’s over: Dan Rather’s lawsuit against CBS has been tossed, probably for good. In effect, the state court system’s Appeals Division identified problems in his case, then refused to allow any depositions or discovery, which could have, as the lawyers say, cured those deficiencies. Oh, well. Sucks to be him. That said, regardless of Rather’s error in relying on documents whose provenance he couldn’t/didn’t verify, other evidence indicates quite clearly that Bush was, in fact, AWOL.

What I’ve learned from reading about “Game Over” (besides the fact that I don’t want to read the whole book): You can make a lot of money publishing anonymous, 2-year-old gossip. And in real life, people who are dying of cancer and whose spouses are cheating on them don’t always behave as nicely as their Movie of the Week counterparts. OK, I already knew that last one.

I think this comment from liveblogger Teddy Partridge tells you all you need to know about the competence of counsel for the bigots defense in the California gay-marriage trial: “Sorry, this lawyer is asking really long questions and requiring YES or NO answers which makes liveblogging almost impossible”

Busted: The American insurance industry, while publicly claiming it favored health-care reform, was giving money to the Chamber of Commerce to produce and air anti-reform TV commercials. I am shocked, shocked, etc. Someone explain to me again why it’s a good idea to point a gun to American taxpayers’ heads and make them give these companies money. Someone else explain to me why the Chamber and the insurance trade group should get to keep their tax exemptions, kthxbai.

Speaking of health care, there’s this notion floating around that taxing health benefits will lead employers to give more to employees in the form of wages. However, this notion is not true.

Quote of the day, from Sen. Harry Reid: “I have no regret over calling [former Fed chairman Alan] Greenspan a political hack. Because he was. The things you heard me say about George Bush? You never heard me apologize about any of them. Because he was. What was I supposed to say? I called him a liar twice. Because he lied to me twice.” Cue Republican efforts to frame this comment as a “gaffe” in 3 … 2 …

This thing where Giuliani said there were no terrorist attacks on the U.S. under Bush? That was no one-time bit of misspeaking. That was an emerging Republican meme. Guys, Goebbels was a cautionary tale, not an exemplar.

Some judges just need impeachin‘, starting with Warren Wilbert, the Kansas judge in the murder trial of Scott Roeder, who assassinated* abortion doctor George Tiller. Wilbert will let Roeder argue that his killing of Tiller actually was voluntary manslaughter because, in some parallel universe, Roeder wordlessly put the barrel of a .22 to Tiller’s head and pulled the trigger because Tiller was doing something besides providing a legal and needed medical service. I hope I’m wrong, but I fear Wilbert just declared open season on abortion providers.

*He has signed a statement admitting to the shooting.

How Lucky could save the planet!


Wednesday, January 6, 2010 10:49 pm

Odds and ends for 1/6

Wall Street vs. Main Street: Despite record profits and record bonuses on Wall Street, overall U.S. payroll withholdings and corporate tax payments in December were down 8.2% (to a multi-year low) and 61.5%, respectively, from December 2008. If you still need proof that the banksters are feasting on the rest of us, well, I’m sorry, you’re just going to have to accept at this point that the sky really is blue, not pink with purple polka-dots.

With sepsis, we can at least hope he suffered some: James von Brunn, the white supremacist who shot and killed a guard at the Holocaust Museum in Washington last June, died today in prison of congestive heart failure and sepsis. Saving the taxpayers the expense of a trial, appeals and execution, von Brunn’s death appears to have been the first considerate thing the 89-year-old ever did in his life.

No matter where in the U.S. you live, one Texas wingnut creationist is deciding which textbooks your kids will use in school. Maybe we should let ’em secede; the national IQ would probably go up 30 points.

Speaking of wingnuts, Allen Quist is right. Just not in the way he thinks he is.

But … but … but … Democrats are dropping like flies! ABC said so!: As of today, more Republican than Democratic U.S. representatives, U.S. senators and governors are retiring than Democrats. But ABC says Democrats are dropping like flies. This is why I told my reporters not to use subjective terms when objective ones will do.

Speaking of the media, it’s only Jan. 6 and we’ve already had the best media criticism of the year, from commenter PeakVT at Balloon Juice, on why things like Travelgate and Filegate seem to get more media attention than, say, torture and other war crimes: “Republican scandals tend to involve the press corps. For instance, starting an unnecessary war under false pretenses was immensely helped by stenographers like [The New York Times’ Judith] Miller. Democratic “scandals” are limited to Democratic politicians, which makes them a lot more fun for the press.”

I’ll believe it when it happens: According to one report, White House anonymice are claiming President Obama will re-nominate Dawn Johnsen to run (and, please God, clean up) the Justice Department’s Office of Legal Counsel. Good news, if true.

I would watch this on pay-per-view: MSNBC’s liberal talk-show host Ed Schultz may run to succeed retiring N.D. Sen. Byron Dorgan. Republicans, who are confident of picking up the seat, think of Schultz as just another Al Franken, and they say that like it’s a bad thing.

Jogging bores me to tears, but I will read any jogging blog that regularly uses lines like this: “I’ve been needling my 67-year-old friend Jim to run the half-marathon with me just so I don’t come in last. What kind of friend exploits a slow-moving retiree? I’ll tell you what kind: the kind who doesn’t want to come in last. ”

The legal group that worked hardest to create the modern system of capital punishment now says its efforts have been a failure. Given the risk at which it places innocent defendants, it’s hard to argue otherwise. (And yet I find a way, sort of.)

Quote of the day, via Maru:  “What happens if Rush dies in Hawaii? Will anyone believe the death certificate?”

Another Quote of the Day, from Paul Volcker to BusinessWeek, via Goddard Taegan’s Political Wire: “The American political process is about as broken as the financial system.”

And why not one more Quote of the Day, this one from Jason Linkins at HuffPo on the Apple iSlate and its ilk: “… the short-term ‘end of print’ apocalypse will not be felt by people clutching pricey panes of glass, but by a forgotten class of people who need quality journalism as a stopgap against a whole range of societal ills.”

And James Fallows, for the win: “That is the American tragedy of the early 21st century: a vital and self-renewing culture that attracts the world’s talent, and a governing system that increasingly looks like a joke.”

He says he’s only a sportswriter, but Mike Lupica of the NY Daily News says it all with remarkable economy: “Cheney used to be a much better liar than this.”

Cue the “Applachian Trail” jokes. And worse: U.S. Rep. Joe “You Lie!” Wilson, R-S.C., Tweets about hiking through Panthertown National Forest with an “expert hiker” who also happens to be a babelicious congressional intern. (Although I’ll grant that if he’s dumb enough to Tweet about it, he’s probably guilty of nothing more than bad judgment.)

When Guantanamo inmates get transferred to Illinois, will torture come with them? It’s entirely possible.

I’d just like to say that my friend Andy Duncan rules. Yes, he does. And we’re really looking forward to lunch with him and Sydney on Saturday.

Out of the box. WAY out: As America struggles with an Afghan insurgency and the Center for a New American Security prepares for its June convention, Spencer Ackermann proposes what would be a fascinating keynote program: Gen. David Petraeus … and Gen. Vo Nguyen Giap.

Geoffrey Chaucer, who hath a blog, now also hath a forthcoming book, “a solid volume the which ye kan underlyne and spille egg-salad upon and take yn to yower jacuzzi whanne the mood stryketh yow.” Huzzah!

Those of us who don’t work for the MSNM see this as a feature, not a bug: Time’s Mark Halperin whines, “… politically and personally, the First Couple and their top aides have shown no hankering for the Establishment seal of approval, nor have they accepted the glut of invitations to embassy parties and other tribal rituals of the political class.” That would be because they have a mess to clean up that you pretty much ignored for eight years, jackass.

Charmed life: Tsutomu Yamaguchi, the only person known to have survived both U.S. atomic attacks on Japan, is dead at the age of 93.

Better the devil you know than the other devil you know: Sen. Christopher Dodd’s retirement is coming only because of the virtual certainty that he would be unseated in 2010 because of his coziness with banks. But his successor as chairman of the Senate Banking Committee will be even worse.

What part of “public” were you lying about?: C-SPAN’s Brian Lamb, bless him, reminds Congressional Dem leadership of their promise to have House/Senate reconciliation of health-care reform out in the open.

And yet I languish without, probably because of a relative lack of explosives: The demolition of Texas Stadium now has an official corporate sponsor.

Twitter through history. “Too soon? In the Twitter Era it is probably already too late.” And more.

Friday, January 1, 2010 9:54 pm

First, let’s kill all the lawyers honest nominees for the Office of Legal Counsel

Filed under: I want my country back. — Lex @ 9:54 pm
Tags: ,

One thing this country badly needed after the torture-justifying escapades and politically motivated criminal prosecutions of the Bush 43 Justice Department was an independent straight-shooter as head of the Department’s Office of Legal Counsel.

When President Obama nominated Dawn Johnsen for the job, that’s what we thought we’d gotten. Her career included a history of litigating on behalf of civil rights for both the American Civil Liberties Union and the National Abortion Rights Action League, as well as a stint as the Office of Legal Counsel’s No. 2 person under President Clinton before leaving government in 1998 to teach law.

No one raised much of a stink about her, and the Senate Judiciary Committee approved her nomination and sent it to the full Senate on March 19.

How qualified was Johnsen? Don’t take my word for it. Take the words of two prominent Republicans, former Oklahoma Rep. Mickey Edwards and former FBI Director William Sessions, a Reagan appointee: “… her views on the limits of presidential power are precisely what the Constitution envisions and conservatives have long championed.”

Johnsen had been promised an up-or-down vote after the Senate finished with health care for the year and before year-end adjournment. But Congress adjourned for the year without a Senate vote on Dawn Johnsen and without voting to hold her nomination over to the new year, as it did with more than 30 other pending nominations. If she’s going to get the job, Obama must formally renominate her (which means a re-run of committee hearings, among other things).

So why didn’t Senate Majority Leader Harry Reid schedule a vote on Johnsen? My guess is because Obama didn’t want him to. Why didn’t Obama want him to? I don’t know, although given Obama’s apparent willingness to continue some of the lawlessness of the Bush era and utter unwillingness to hold anyone from that era legally accountable, I have to figure he’s afraid Johnsen would end up embarrassing him, keeping him from doing things he wanted to do but were illegal, or both.

So why didn’t Obama just call Johnsen and say, in effect, “Look, I’ve changed my mind; I don’t want you for the position anymore, and I’d like you to withdraw”? Dunno. (Or maybe he did, and Johnsen told him that if he wanted to get rid of her, he was going to have to do it himself.)

Either way, Reid and Obama have humiliated a qualfied nominee who had bipartisan support (at least outside the hothouse of the Senate Judiciary Committee, whose vote was party-line). Bmaz at Emptywheel offers additional context that is likely to upset a lot of Obama supporters but which, at this point, should be no surprise:

The White House intentionally left to rot, and then outright killed, their own nominee.

The evidence of this is pretty damning. Dawn Johnsen’s nomination had languished, twisting in the wind, for 280 days as of the time her nomination was killed by Harry Reid, far longer than any other Obama nominee. The only notable recent support for Johnsen from the White House came in a statement by White House Counsel Greg Craig on October 11, 2009, a weak statement saying only that the White House “would not withdraw” her nomination. Craig was subsequently fired and, hilariously, attempted to be scapegoated by Rahm Emanuel for – wait for it – not getting nominations like Johnsen’s confirmed.

A typical Rahm Emanuel backhanded opaque play; blame someone (Craig) interested in governmental transparency for not getting another official who favors openness and transparency (Johnsen) confirmed, and all the while Rahm and Obama are choking off openness and transparency. Use the Johnsen nomination as a bone to the liberals and simultaneously use it as cover to betray them with the opposite of what Dawn Johnsen stands for. A perfect political scam on the liberal base who was so thrilled with the nomination of a honest rule of law advocate for the Constitution like Dawn Johnsen. Liberals should have known better, but that is just not who Barack Obama and Rahm Emanuel are.

Moreover, the bleating by Harry Reid and the Obama Administration that it is all the fault of mean old Republican obstructionism simply does not hold water. The Democrats hold a 60 seat caucus block, sufficient to overcome Republican obstruction. Of those, the Main Justice article is quite clear there were only two Democratic problem children, former Republican Arlen Specter and the ever whiny Ben Nelson, who never passes up an opportunity to betray his party. That means there were potentially only 58 Democratic votes for Johnsen’s nomination. But Republican Richard Lugar firmly supported Dawn Johnsen, so that makes 59 votes, only one shy of confirmation.

In addition to Lugar, both Republican Senators from Maine, Susan Collins and Olympia Snowe, have refused to rule out voting for Johnsen and were being lobbied hard by extremely influential women’s groups and liberal constituents. Both Collins and Snowe have a history of agreeing, when pressured, to allow up or down votes on Presidential nominees, even from Democrats.

Barack Obama and Rahm Emanuel had 59 votes in favor of Dawn Johnsen’s nomination, a distinct possibility of picking up Collins, Snowe or both, and are more than aware Arlen Specter needs big help in his reelection campaign in Pennsylvania and that Ben Nelson can always be bought. And despite all of the above, the Obama White House did not ever request Harry Reid to call a vote. The only rational conclusion from this is the Obama White House did not want Dawn Johnsen, their own nominee, to be confirmed.

You don’t have to be a Democrat, or a Republican, to understand the need to have someone running the OLC who really, really believes in the rule of law: When you don’t have that, as we have seen to our shame and regret, your president is no better than Richard II and your country has become a banana republic.

Apparently, that’s just fine with Barack Obama.

Friday, May 22, 2009 6:30 am

Senate GOP: Can’t take yes for an answer?

Filed under: I want my country back. — Lex @ 6:30 am

Former Republican Rep. Mickey Edwards and former FBI director William Sessions (a Reagan appointee) on Obama’s nomination of Dawn Johnsen to head the Office of Legal Counsel:

The Senate should act expeditiously to approve her nomination. Though Ms. Johnsen’s politics may not mirror the choice John McCain or other Republicans might have made – they lost the election, after all – her views on the limits of presidential power are precisely what the Constitution envisions and conservatives have long championed.

Confirm the lady already. It’s not like we’re drowning in the rule of law at the moment.

Monday, April 6, 2009 10:37 pm

In case you thought Senate Republicans were serious about law and order, or even burdened by the slightest trace of human decency …

Filed under: I want my country back. — Lex @ 10:37 pm
Tags:

please let me disabuse you of that notion:

Senate Republicans are now privately threatening to derail the confirmation of key Obama administration nominees for top legal positions by linking the votes to suppressing critical torture memos from the Bush era. A reliable Justice Department source advises me that Senate Republicans are planning to “go nuclear” over the nominations of Dawn Johnsen as chief of the Office of Legal Counsel in the Department of Justice and Yale Law School Dean Harold Koh as State Department legal counsel if the torture documents are made public. The source says these threats are the principal reason for the Obama administration’s abrupt pullback last week from a commitment to release some of the documents. A Republican Senate source confirms the strategy. It now appears that Republicans are seeking an Obama commitment to safeguard the Bush administration’s darkest secrets in exchange for letting these nominations go forward.

Incredibly, although I freely concede that it grows less incredible by the day, the Obama administration is going along with this, at least for now:

… in the past week, questions about Obama’s commitment to transparency have mounted. On April 2, the Justice Department was expected to make public a set of four memoranda prepared by the Office of Legal Counsel, long sought by the American Civil Liberties Union and other advocacy organizations in a pending FOIA litigation. The memos, authored by then-administration officials and now University of California law professor John Yoo, federal appellate judge Jay Bybee and former Justice Department lawyer Stephen Bradbury, apparently grant authority for the brutal treatment of prisoners, including waterboarding, isolated confinement in coffin-like containers, and “head smacking.” The stakes over release of the papers are increasingly high. Yoo and Bybee are both targets of a criminal investigation in a Spanish court probing the torture of five Spanish citizens formerly held in Guantánamo; also named in the Spanish case are former Attorney General Alberto Gonzales and three other Bush lawyers. Legal observers in Spain consider the Bush administration lawyers at serious risk of indictment, and the memos, once released, could be entered as evidence in connection with their prosecution. Unlike the torture memos that are already public, these memos directly approve specific torture techniques and therefore present a far graver problem for their authors.

The release of the memos that the Senate Republicans want to suppress was cleared by Attorney General Eric Holder and White House counsel Greg Craig, and then was stopped when “all hell broke loose” inside the Obama administration, according to an article by Newsweek reporter Michael Isikoff. Newsweek attributes internal opposition to disclosure of the Bush-era torture memos to White House counterterrorism adviser and former CIA official John O. Brennan, who has raised arguments that exposure of the memoranda would run afoul of policies protecting the secrecy of agency techniques and has also argued that the memos would embarrass nations like Morocco, Jordan, Pakistan, Tunisia and Egypt, which have cooperated closely with the CIA in its extraordinary renditions program. Few informed independent observers, however, find much to credit in the Brennan objections because the techniques are now well-known, as is the role of the cooperating foreign intelligence services—any references to which would in any event likely be redacted before the memoranda are released. Moreover, the argument that the confidence of those engaged in torture—serious criminal conduct under international and domestic law—should be kept because they would be “embarrassed” if it were to come out borders on comic.

The Justice Department source confirms to me that Brennan has consistently opposed making public the torture memos—and any other details about the operations of the extraordinary renditions program—but this source suggests that concern about the G.O.P.’s roadblock in the confirmation process is the principle reason that the memos were not released. Republican senators have expressed strong reservations about their promised exposure, expressing alarm that a critique of the memos by Justice’s ethics office (Office of Professional Responsibility) will also be released. “There was no ‘direct’ threat,” said the source, “but the message was communicated clearly—if the OLC and OPR memoranda are released to the public, there will be war.”

To which I say: Cry “havoc” and let slip the dogs. Letting the pro-torture senators filibuster will not be the political equivalent of suffering a nuclear attack — as long as you actually make them filibuster, Harry Reid, and don’t just count votes and then give up.

I think the nation would be enlightened by seeing debate on the nominations continue, for days, even, with pro-torture senators having to stand up live on C-SPAN and defend the indefensible while the morality caucus calls them out on this hideous obstruction of justice. As a great and wise philosopher once said, oh, please, throw me in that briar patch. I won’t say the loss of some key nominations, if they are ultimately lost, would be a small price to pay, but it would finally get debate about torture, and holding those responsible for it accountable, on national television, where it should have been years ago.

UPDATE: Oh, this Brennan guy? He was the same guy who originally was considered to head the CIA but withdrew after anti-torture bloggers started raising hell about him. His self-pitying withdrawal letter included this memorable phrase, “It has been immaterial to the critics that I have been a strong opponent of many of the policies of the Bush administration such as the pre-emptive war in Iraq and coercive interrogation tactics, to include waterboarding …”

If he’s so anti-torture, he’s got a funny way of showing it. (h/t: dday)

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