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Friday, July 30, 2004


Compassionate Conservatism

Gov. George Pataki of New York is supposed to be a moderate Republican, and he certainly isn't on the party's right wing on a number of high-profile issues, most notably abortion. His crass and disingenuous veto of an increase in New York's minimum wage, however, shows him to be as much of a class warrior as the national Republican Party--including, of course, the President. A point-by-point refutation of the governor's veto message is here (pdf).

It will be interesting to see whether New York Republicans toe the line. The bill passed the Republican-controlled New York Senate with about 10 votes to spare over the two-thirds margin needed to override the veto. In our dysfunctional legislative process, nothing can happen without the approval of Senate President Joe Bruno, so the question is whether Bruno will allow an override vote to come to the floor and potentially embarrass Pataki (who cleverly timed his veto for a day heavy with national and New York political news).

The next time a conservative accuses Democrats of "class warfare," he should be forced to take care of a couple of young kids on a part-time, service-sector, minimum-wage McJob for a year, taking full advantage of whatever government benefits and tax subsidies a person is still entitled to under those circumstances.


posted by Arnold P. California at 3:04 PM




Darfur

Via CARE Canada


Severely malnourished children receive liquid food supplements when they arrive in the camps in Sudan, but often the food comes too late. Little Najiwah, 18 months old, died just a few days after this picture was taken.


posted by Eugene Oregon at 2:11 PM




The UN is a Pathetic Joke

From Reuters
The U.N. Security Council voted on Friday for a U.S.-drafted resolution that threatens to impose sanctions on Sudan in 30 days if it does not disarm and prosecute marauding militia in Darfur.

The 13-0 vote, with abstentions from China and Pakistan, came after the United States deleted the word "sanctions" and substituted a reference to a section of the U.N. Charter permitting punitive measures to gain more support.

The Article 41 provision allows the "interruption" of economic, transport, communications or diplomatic measures, which amounts to sanctions.

[edit]

The resolution places an immediate weapons embargo on all armed groups in Darfur, where government forces and Arab Janjaweed militia have been battling a rebellion from some African tribes. But Sudan security forces, accused of protecting the Janjaweed, are excluded from the arms ban.
The only way the US could get enough support in the Security Council for this weak resolution was to drop the threat of sanctions - not the imposition of actual sanctions, merely the threat that they could be imposed - if the situation in Darfur does not improve in 30 days.

So now Sudan has at least another 30 days to continue killing people and destroying their villages - and then they'll get a few additional months to continue their genocide as the UN debates what to do about the fact that Sudan didn't stop killing people in 30 days as they requested.

posted by Eugene Oregon at 12:41 PM




Good Question

The Carpetbagger wonders "If a Democratic senator were to call Bush a 'barely-literate fascist,' would conservatives and the mainstream media just yawn and dismiss it as politics-as-usual?"

posted by Eugene Oregon at 12:14 PM




The Republican Working Poor

Tom Ridge is considering retiring as Secretary of Homeland Security so that he can join the private sector - after all, he has bills to pay
Ridge, 58, has explained to colleagues that he needs to earn money to comfortably put his two children, Tommy Jr. and Lesley, through college, officials said. Both are now teenagers. Ridge earns $175,700 a year as a Cabinet secretary.

[edit]

Ridge has spent decades in public service and has relatively little savings from his lengthy career in government. When Ridge left Pennsylvania as governor, where he served from 1995 to 2001, he was earning $138,316 each year.

Ridge owns an $873,000 home in Bethesda, Md., with his wife, Michele, which they bought last year with a $784,800 mortgage, according to property and banking records. Ridge's most recent financial disclosure reports, filed in early 2003, showed that he owned between $122,000 and $787,000 in stocks and funds, including modest ownership in The Walt Disney Co., General Electric, Nike, Oracle Corp. and Microsoft Corp.
Poor Tom Ridge - he's been earning well over $100,000 a year for nearly a decade, has $500,000 in stocks and owns a home worth nearly $1 million.

If it is hard for Ridge to put his kids through college, what does that say about the struggles of the 95% of Americans who aren't making 200 grand a year?

posted by Eugene Oregon at 12:00 PM




Those Damned Judicial Activists

Conservatives love to bash the 9th Circuit Court of Appeals' supposed "judicial activism" and point to the fact that the 9th Circuit frequently gets its decisions reversed by the Supreme Court. Of course, the majority of the judges on the 9th Circuit were nominated by Clinton and you know they are just a bunch of Constitution-hating, law-rewriting extremists, so I guess that is to be expected.

But this was somewhat unexpected
It's never fun being second-guessed, even when you're in the business of second-guessing. And the 5th U.S. Circuit Court of Appeals is being second-guessed in no uncertain terms these days by the U.S. Supreme Court.

In the term just ended, the 5th Circuit had a perfect record - six cases argued before the high court, and six cases reversed.

[edit]

Last month in a case involving a Texas death row inmate, Justice Sandra Day O'Connor accused the 5th Circuit of "paying lip service to the principles" of the appellate process. In another Texas death penalty case, Justice Ruth Bader Ginsburg said the 5th Circuit was too tolerant of prosecutorial misconduct. Speaking for an 8-1 majority, she said prosecutors had permitted state witnesses to lie during the capital trial of a Texarkana man, and that the 5th Circuit had allowed the state to hide the misconduct.

[edit]

In January, the court ruled unanimously that the 5th Circuit erred when it allowed the state of Texas to renege on a settlement involving health care for rural children. Last month, the court - again unanimously - overturned a 5th Circuit decision that would have allowed states to control HMOs.

In the HMO case, Justice Clarence Thomas summed up his impression of the 5th Circuit ruling: "The Court of Appeals came to a contrary conclusion for several reasons, all of them erroneous." In his opinion on a Texas civil case that involved a question of citizenship of the parties, Justice Antonin Scalia dismissed the 5th Circuit opinion as having "no basis or logic."
Not the 5th Circuit! With 11 of the 17 judges seated on the court appointed by Republicans, how can that be?

There is still a vacancy on this court, and maybe now Senate Republicans will start demanding that Bush stop nominating any judicial activists.

posted by Eugene Oregon at 11:01 AM




Is Bush v. Gore to Be Taken Seriously?

Trial has been delayed in the Ohio punch-card case. This case, like the California recall case, tests whether lower courts will take Bush v. Gore's reasoning seriously. As in California, the plaintiffs complain that their votes are more likely not to be counted because their precincts use less-reliable punch-card machines. If we are really supposed to believe what Bush v. Gore told us about equal protection, this has to be unconstitutional. Using different standards that threaten some voters more than others with having their votes be missed is supposedly why the Court stopped the recount (on equal protection grounds; there was also an issue under Article II of the Constitution which would independently support the judgment).

The California case was complicated by timing: since the election was to take place so soon, the only remedy the court could give the plaintiffs was to postpone the election until better voting technology was available in the counties that had punch cards. That is such a drastic step that the Ninth Circuit was probably right not to grant the injunction even if the court thought the plaintiffs had a strong claim on the merits.  But it should be noted that the California case followed an earlier case in which the plaintiffs had challenged punch-card machines on Bush v. Gore grounds, and the state had conceded, agreeing to replace the machines in time for the 2004 election. It was only because the recall unexpectedly intervened before the machines had been replaced that the plaintiffs went back to court.

The problem with all this, of course, is that states have never held elections in which all voters' ballots are counted in the same way. Whether they use different machines in different counties or leave decisions about questionable cases to the judgment of local officials whose opinions may vary around the state, the states have always subjected voters to different standards. It's not clear whether it's even possible to correct the problems identified in Bush v. Gore, although computer technology might accomplish the task (at some cost, as we're seeing this year, in citizens' confidence that the computers and their operators can be trusted).

Take Florida (please!) for example. After the 2000 debacle, Congress passed the woefully insufficient Help America Vote Act, which is focused as much on things that make it more difficult for people to vote (e.g., novel ID requirements) as on making it easier for eligible voters to have their votes counted. One of HAVA's innovations is the requirement that states provide "provisional ballots" in some circumstances to people who claim to be entitled to vote but who don't appear on the precinct's list of registered voters. HAVA doesn't say exactly what the states are supposed to do with the provisional ballots, and Florida has decided to leave the matter up to each county's election supervisor.  Thus, a voter who uses a provisional ballot in Broward might have the vote counted, subject to an inquiry about the voter's eligibility, while a Miami-Dade voter's provisional ballot might just be put in a pile somewhere and forgotten.  You'd think Florida, of all places, would have learned the lesson that Bush v. Gore doesn't allow that sort of standardless "guidance" to local officials, but then again, the state seems bound and determined to repeat all of the failings of 2000---erroneously knocking eligible voters off the ballot as "felons," for example.

Anyway, the funny end to the story, for now, is the reason the Ohio case has been delayed. The state's expert witness did a statistical analysis purporting to show that punch-card machines do not miss more votes than technologies used elsewhere in the state, but the report was riddled with errors. So, the day before trial, the state provided the plaintiffs with a "revised" report from the state's expert, resulting in a postponement.

What's funny about this? The state's "expert" is none other than the infamous John Lott of the American Enterprise Institute. Why AEI continues to sacrifice any reputation for intellectual integrity by keeping this clown on the payroll is beyond me. You may remember Lott for his controversial study of gun violence, purporting to rebut a peer-reviewed article that had claimed that the presence of a handgun in a house made its residents more likely to die from gunshots--Lott's study purported to show that handguns are almost always used in legitimate self-defense and that people with handguns are safer. First, Lott couldn't produce the supporting data, which he had mysteriously lost.  Then he took an assumed name (Mary Rosh, if I recall correctly) and posted testimonials to his own integrity under that pseudonym. After that debacle, he pushed a study of the Florida election claiming to show that the state's screw-ups had not disproportionately affected blacks, all the evidence to the contrary notwithstanding. It was then pointed out that Lott had simply entered incorrect data into his statistical model; when he went back and corrected the error, his findings disappeared. So he then changed the model, went back and purged the Internet version of any reference to the earlier model, and came up with a new method that showed the results he wanted--pretending, of course, that he had chosen this model ex ante and used it all along.  Lott has also repeatedly written that people concerned about electronic voting machines are being paranoid because such machines record votes on read-only media like CD-ROMs--arguments he continues to make in public even though he's been told repeatedly that most machines use media that are not read-only and can be rewritten on an ordinary laptop computer.

You can read about the problems with Lott's punch-card "research" and other ethically questionable conduct here, at the blog of Tim Lambert, who has made something of an obsession of tracking Lott's mendacious career.

If Lott is the best Ohio could come up with to defend punch-card machines, I hope they've set aside enough money to pay the plaintiffs' attorneys' fees when the state loses the case. I also hope they're not paying him any more than he's worth for his testimony--I figure a fair price would be for him to pay them, since anything with his name on it is less than worthless.  It was one thing when conservatives in Congress invited Lott to testify that Florida's blacks weren't any worse off than whites or Hispanics in 2000. But trial testimony is subject to cross-examination, and he will be eaten alive by any competent lawyer--and the ACLU lawyers in Ohio are excellent.



posted by Arnold P. California at 10:58 AM




Frederick's Notes From the Floor - III

The DNC in Boston III: Breakfast and Iraqi Dictators

On each night of the DNC convention, the pathway into Boston’s Fleet Center was flanked on one side by a throng of protestors, who were unusually quiet – except, that is, for the anti-abortion protesters.

Holding up a 5 x 5 feet sign depicting fetuses in a trash bin is not supposed to need verbal commentary, but the activist holding this sign aloft somehow felt the need to shout, “Stop killing babies.”

Most of the other protest signs referred to the Iraq war or to issues related to the war on terror. These messages were fairly straight-forward and unaccompanied by shouting:
Peace Is Patriotic

War Is Not the Answer

Repeal the Patriot Act

Saddam = Pancakes
Oh, yeah, that last sign was rather strange.

I didn’t stop to ask.


posted by Eugene Oregon at 9:58 AM




Frederick's Notes From the Floor - II

The DNC in Boston II: Kerry Outperforms His Running Mate

That’s my assessment of the two men’s acceptance speeches. Some of that is a reflection of expectations, which are much higher for Edwards than for Kerry. But I agreed somewhat with the Washington Post’s Tom Shales rather lukewarm view of Edwards’ speech.

Going into last night’s speeches, my sense was that Dems were in danger of going too far in the direction of “playing nice.” On the one hand, voters are already somewhat polarized. Yet, on the other hand, it’s important to remind swing voters that they cannot trust President Bush to tell them the truth. And Kerry did that. One of his best paragraphs was this one:
"We have it in our power to change the world, but only if we're true to our ideals -- and that starts by telling the truth to the American people. As president, that is my first pledge to you tonight. As president, I will restore trust and credibility to the White House.”
Kerry’s pace was a little on the rapid side, but, all in all, he delivered a pretty damn good speech.

One minor criticism. A few messages in the speech (only a few) were too nuanced. For example, Kerry said, “We're told that outsourcing jobs is good for America.” But he didn’t say who it was who said this. A better way for Kerry to have phrased this is something like this: “President Bush’s chief economic adviser said recently that outsourcing jobs is good for America.” That lays it right at the president’s doorstep.

The average American is politically illiterate and may not assign this view to Bush unless the connection is clearly made.

posted by Eugene Oregon at 9:56 AM




Frederick's Notes From the Floor

Frederick is unable to post these convention observation himself, so he e-mailed them to me and I now share them with you

The DNC in Boston I: All Dressed Up With No Place to Go

One wonders if the same individual who handled “message development” for Terry McAuliffe in 2002 was assigned this year to produce and distribute credentials for the Democratic National Convention. This blogger reached the doorstep, but didn’t get in -- and I had plenty of (angry) company.

After arriving by plane in Boston more than two hours late, I hurriedly grabbed credentials that had been left for me at my hotel and jumped into a taxi. It was 8:10 p.m. when I reached the metal detectors just outside the Fleet Center. Then, with only one escalator standing between me and the convention hall itself, fate interfered.

Several cops were only allowing convention delegates and guests to come down the escalator. A gate they were manning preventing anyone from going up. Credentials or no credentials, it made no difference.

Those of us who were waiting to go up to the convention hall were told that Boston’s fire marshal had closed the convention hall because it was too crowded. While the order might be lifted, we were told that it probably would not and that some people -- those with floor credentials but no seats – might even be forced to leave the convention hall altogether.

There I was with 50-70 other people -- cut off at the pass, only 40 feet from our ultimate destination. What did Dorothy tell the Wizard of Oz? “But we’ve come such a long way.”

Pleas from newspaper reporters, Democratic high-rollers and others got nowhere with Boston’s finest. They had a job to do, and it was to keep lots of people with credentials out of the hall. The size of our restless crowd was growing every minute as more people filed into the Fleet Center.

One of the police officers who was blocking the up-escalator told me the source of the problem: the Democratic National Committee had issued 35,000 credentials for each night of the convention, a number far in excess of the Fleet Center’s fire-code capacity -- something that DNC officials must have known, he said.

The ground floor of the Fleet Center was terribly hot and stuffy, and even those I spoke with later who had made it into the hall told me that the temperatures inside were every bit as stifling. Which explains why John Kerry’s appearance brings to mind yet another line from that 1939 film: “I’m melting … melting.”

Alas, after waiting for 30 minutes in a crowded group of sweat-ridden and frustrated Dems, I was ready to bail. Luckily, the Fleet Center is located in the city’s North End, which means there were plenty of quaint, reasonably-priced Italian restaurants within a short walk. I ate, I drank, and I drank some more. Then I grabbed a taxi back to my hotel to watch Kerry’s acceptance speech in my room.

I attended the Dems' convention in 1992. Once is definitely enough.

posted by Eugene Oregon at 9:48 AM




Daily Darfur

The USAID says the death toll is already over 80,000.

The US and Britain plan on getting a Security Council vote today on their new resolution regarding Darfur, now that they've dropped the threat of sanctions.

Aid groups are roundly criticizing the "compromise."

The US is warning all aid workers to co-ordinate their activities with the UN due to security risks.

Aid workers accuse the Sudanese government of seeking to mask the humanitarian crisis by forcing refugees to leave the camps and return to their villages.

Passion of the Present reports that the Board of Directors of Amnesty International USA has passed a resolution declaring the situation in Darfur a genocide.

Rwanda is frustrated with the delay in sending in African Union troops
"We are frustrated because people are dying and we have been through this same situation of endless debates and politicking while bodies are piling up on the ground," Karegeya told Reuters in Kigali on Friday.
A member of Sudan's Foreign Minister's office warns against intervention and tries to incite Muslims by predicting that Christian missionaries will flood Darfur under the guise of delivering humanitarian relief.

posted by Eugene Oregon at 9:14 AM


Thursday, July 29, 2004


To the Barricades! Damn the Torpedoes! All Hands on Deck!

The 11th Circuit Court of Appeals says that your state - OK, well Alabama, Florida and Georgia for practical purposes - can make it a crime to sell sex toys.  My immediate reaction was to find someplace to support that works on this.  But somehow, saying "Give some love to the ACLU!" was not satisfying enough.  And while I am somewhat amused at how easily military metaphors turn into entendres, I need a little snark to round it all out. Luckily, the original article itself provides enough fodder to last a good long time.
Alabama AG Troy King issued a statement saying the 11th Circuit had "done its duty."

According to the Alabama trial judge's review of sex laws, only Georgia and Texas also have bans on sex toys. Alan I. Begner, an Atlanta lawyer who represents sex shops, said Georgia's ban is "nearly identical" to Alabama's law.

"On the face of it, sex toys are illegal to sell," Begner said, but he said shops can survive prosecution if they can prove their products are "for novelty use only."

The laws do not affect the use of Viagra or similar drugs, the 11th Circuit decision stated.

Begner added that in Georgia a physician may prescribe the use of a sex toy, but the allowance does not apply to a therapist who has only a Ph.D.

But if anyone has an idea for a creative action I'm all ears.  Meanwhile, I am a little grateful that I have an excuse to link to the Antique Vibrator Museum.


posted by Helena Montana at 2:12 PM




Rights vs. Freedoms

I've recently begun reading a book by Jack Donnelly called "Universal Human Rights in Theory and Practice." Obviously, I don't know that much about human rights theory or the protections afforded under international law (that is why I'm reading the book.)

As I said, I just started reading it but already I'm confused. On the second page, Donnelly defines the concept of a "right" as "to have a right to X is to be entitled to X. It is owed to you, belongs to you in particular." Donnelly then goes on to explain that this entitlement can sometimes place obligations on other people in order to ensure that individuals can exercise their rights.

I find this confusing because I don't know what sort of "obligation" it imposes. If one has a "right to life" then I suppose that I have a negative obligation not to take that person's life. But if someone's life is being threatened, do I have a positive obligation to protect and/or save that person?

Another question revolves around the Universal Declaration of Human Rights, which seems to be the widely-accepted framework for all human rights. For the most part, the Declaration explicitly protects things I think we all would agree are basic human rights
Article 3. Everyone has the right to life, liberty and security of person.

Article 4. No one shall be held in slavery or servitude; slavery and the slave trade shall be prohibited in all their forms.

Article 5. No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
But then it starts to branch off into more questionable "rights"
Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment.

[edit]

Article 24. Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay.
"Everyone has the right to work"? Does this mean everyone is entitled to work, as in there is a positive obligation to ensure that everyone has a job? Or does it mean that everyone has the "freedom to work" and that people or states have a negative obligation not to interfere with this freedom? Is not interfering with an individual's freedom to work an adequate way of protecting his or her right to work? Or are other positive steps required to protect this and other rights? If you don't have a job, are you still entitled to periodic holidays with pay?

I'm hoping that this basic issue will be addressed later in the book because I don't think it's a good sign that I'm only 20 pages in and I'm already more confused than I was before I started.

But maybe I'm just an idiot.

posted by Eugene Oregon at 1:45 PM




GOP Election Misconduct -- Take 3

You have probably read Noam's post this morning that even as Florida Gov. Jeb Bush is reassuring voters that punch-screen voting machines will work just fine, the state GOP is encouraging its supporters to vote absentee instead because touch screens lack a paper trail and cannot "verify your vote."

And you may have read Helena's post yesterday about the Arizona GOP's election for national committeeman in which the state party's legal counsel confirmed that there were several instances of ballot-stuffing.

The latest state where Republican officials have been associated with election misconduct is New HampshireThe Washington Post reports:
The former director of the New Hampshire Republican Party pleaded guilty to jamming Democratic phone banks on Election Day 2002. Chuck McGee was accused of arranging to have hundreds of hang-up calls made to phone lines that were installed to help voters get rides to the polls.

Among the contests decided that day was the close Senate race in which Republican Rep. John E. Sununu beat Democratic Gov. Jeanne Shaheen.

McGee pleaded guilty to conspiring to make anonymous calls with the intent to annoy or harass. The offense carries as many as five years in prison and a $250,000 fine. He will be sentenced Oct. 29.
Election misconduct of any kind is pretty distasteful, but McGee's efforts were focused on interferring with the ability of the disabled, the elderly and other voters to obtain rides so they could cast their votes.  It doesn't get much more disgusting than that.


posted by Frederick Maryland at 11:34 AM




The Ex-N.H. Judge at TSA

The Bush administration has made some disturbing choices for federal appeals court nominees -- William Pryor among them.  But this administration seems to be almost as bad at choosing former judges as it is in choosing future judges.  A New Hampshire newspaper reports on the ex-state judge who was selected to handle critical responsibilities within the Transportation Security Administration:
A key overseer of the Bush administration’s unsuccessful efforts to create a more comprehensive screening process for airline passengers resigned in disgrace four years ago from the New Hampshire Supreme Court to avoid prosecution over his conduct on the bench.

W. Stephen Thayer III, who left New Hampshire’s high court in 2000 under a deal with prosecutors, is now serving as deputy chief of the Transportation Security Administration’s Office of National Risk Assessment.

Thayer resurrected his public career with a stint at a conservative political group in Washington before landing the job last summer where he oversees the administration’s Computer-Assisted Passenger Prescreening System. The project (CAPPS II) encountered such technical difficulty and so much resistance from privacy advocates that it was sent back to the drawing board earlier this month.

... The administration’s selection of Thayer -- made with no fanfare last summer -- has raised some eyebrows. "To appoint someone who had to resign in public disgrace in lieu of being indicted is incredibly offensive," said Charles Lewis, executive director the Center for Public Integrity, a private ethics watchdog. CAPPS II has been "one of the most sensitive projects in the U.S. government" ... "The people in charge have got to be beyond reproach in every way."

... Thayer’s fast-moving legal career -- U.S. attorney at 35, state supreme court justice at 40 -- came to an abrupt halt March 31, 2000, when he resigned from the state’s highest court in a deal with New Hampshire Attorney General Philip McLaughlin.

In return for Thayer’s resignation, McLaughlin agreed to drop plans to indict him. In a public report, McLaughlin criticized Thayer for participating in deliberations on a case he was recused from. He also said he would have sought felony or misdemeanor charges against Thayer for allegedly trying to influence the choice of a judge to hear his wife’s appeal of their divorce and threatening fellow justices if they allowed his conduct to be reported to judicial oversight groups.

... When asked about his qualifications to supervise CAPPS II, Thayer said [last fall] he had been executive director of a nonprofit group that reviewed privacy rights in post-Sept. 11 legislation and was a lawyer and former U.S. attorney. He made no mention of his 14 years on New Hampshire’s highest court.




posted by Frederick Maryland at 11:10 AM




Florida Voting Fiasco

The ghost of elections past continues to haunt Florida. Several civil rights groups are pressing to ensure that the electronic voting machines be designed to allow for manual recounts (as if those would ever be necessary!). Jeb Bush, et al assure us that there's nothing to worry about and right-wing pundits sneer at liberal "conspiracy theorists."

So, if electronic voting machines are oh-so-reliable, why is Florida's GOP urging its supporters to vote absentee to "make sure your vote counts"? The St. Petersburg Times reports:

While Gov. Jeb Bush reassures Floridians that touch screen voting machines are reliable, the Republican Party is sending the opposite message to some voters.

The GOP urged some Miami voters to use absentee ballots because touch screens lack a paper trail and cannot "verify your vote."

That's the same argument Democrats have made but which Bush, his elections director and Republican legislators have repeatedly rejected.

"The liberal Democrats have already begun their attacks and the new electronic voting machines do not have a paper ballot to verify your vote in case of a recount," says a glossy mailer, paid for by the Republican Party of Florida and prominently featuring two pictures of President Bush. "Make sure your vote counts. Order your absentee ballot today."



posted by Noam Alaska at 10:54 AM




Boogergate

Roll Call reports [subscription required] on the latest in the unflattering photos war:

Democrats waited about a nanosecond to retaliate against Republicans for releasing a photo of Sen. John Kerry (D-Mass.) looking like a goofball in a space suit at Cape Canaveral, Fla. Democratic operatives Tuesday unearthed a 1990 videotape of President Bush — then merely a trust-fund rancher and baseball team mogul — at Nolan Ryan’s “300th win” Texas Rangers game. “A deep, long pick,” is how one Democratic operative described what Bush was doing in the video.
In a testament to the Bush-hating liberal media, dozens news outlets have covered the space suit story, while only a couple have commented on "boogergate." Whether this is proof of partisanship on the part of the press or just a preference for the silly over the gross, I'm not sure. Regardless, now that we have an unflattering photo of their guy and they have an unflattering photo of our guy, can we get back to talking about national security, the economy, and health care?

posted by Noam Alaska at 10:35 AM




Daily Darfur

For some reason, seven members of the Security Council are pressing the US to back off its push for sanctions against Sudan - and since any resolution needs 9 of 15 votes to pass, it looks like the resolution isn't going anywhere.

Egypt and the Arab League are also trying to put the brakes on the US push for sanctions.

World Vision Australia's chief executive Reverend Tim Costello just returned from Darfur
"It was the rawest expression of humanity I've ever seen. You ask yourself, is this planet earth?"

[edit]

"Nothing prepares you for the incredible heat," Mr Costello said by telephone last night immediately after his visit.

"The camp stretches for five kilometres and it's utterly exposed. As far as the eye can see there are people under small humpies with five or six people crowded underneath -- it's absolutely mind-blowing."
U.N. aid workers say the Janjaweed is continuing to rape and terrorize women and is even increasing its presence in some areas. They also continue to make cross-border raids into Chad.

Analysts say that the government of Sudan can disarm the Janjaweed but doing so will weaken its own security and undermine its political credibility.

In addition to killers on horseback, famine and disease, refugees in Darfur now face a huge plague of locusts.

posted by Eugene Oregon at 9:47 AM


Wednesday, July 28, 2004


Everyone's a Flip-Flopper (Even Powell)

The Bush-Cheney team is producing a new video that attempts to portray John Kerry as a flip-flopper on Iraq.  The Associated Press reports:
Republicans think they've found the ideal person to explain in detail the Democratic presidential candidate's evolving position on the war in Iraq -- John Kerry himself.

Using video clips of Kerry discussing Iraq on various talk shows, the Republican National Committee has put together an 11-minute video that traces how Kerry struggled with the issue of Iraq through 2003 and early 2004 as he competed for -- and finally won -- the Democratic presidential nomination.
Is this supposed to be a serious indictment of John Kerry?  He "struggled" or wrestled with the question of Iraq?  Perhaps the Iraq conflict would have produced far fewer casualties and less post-war instability had the Bush administration "struggled" with this issue a little more.

Frankly, I struggled with the issue.  By the time Bush ordered an invasion, I was not convinced of the evidence that Saddam Hussein was a threat to the U.S., but I didn't necessarily think that everyone who reached a different conclusion was evil or untrustworthy.  I agreed that the U.N. had not done enough to enforce its resolutions pertaining to Saddam.

If consistency seems to be the standard by which the Bush-Cheney crowd is judging Kerry, why not judge the Bush administration accordingly?  The movie "Fahrenheit 9/11" included two soundbites from 2001 -- one of Colin Powell, the other of Condi Rice -- reassurring America that Saddam Hussein was not a danger to the rest of the world.  Powell in late February of '01: "[Saddam] has not developed any significant capability with respect to weapons of mass destruction.  He is unable to project conventional power against his neighbors."

Gee, maybe the GOP should make a video of Colin Powell.  I mean he totally changed his view over a period of a few years.

The AP article continues:
Republicans publicly unveiled the video Wednesday morning and sent it by e-mail to about 8 million supporters.

... In the video clips, Kerry gradually shifts from harsh anti-Saddam Hussein rhetoric in 2001 and 2002 to more cautious comments about Iraq in late 2003 and then to anti-war comments by early 2004.

... The video reminds that Kerry voted in October 2002 to authorize President Bush to use force. Through 2003 and early 2004, Kerry became more cautious and talked against the war, as problems grew in Iraq ...
A few things are worth noting here.

Although Kerry and other Dems definitely increased their criticisms as the post-war problems magnified, it is also logical that they did so.  After all, those post-war problems revealed the Bush administration's deception, sloppiness, and vacillation.

Kerry wasn't the only Washington lawmaker who became more "cautious" as post-war developments turned sour.  Like Kerry, Congressman Jim Leach (R-Iowa) and Senator Chuck Hagel (R-Neb.) both voted for the October 2002 resolution.  Yet, earlier this year, Leach said the assumption that U.S. troops would be greeted as liberators was “clearly is in doubt.”  That same week, Hagel had this to say about the deteriorating situation in Iraq: "In both parties, members are concerned.  There’s not abject panic, but there’s deep concern, and there should be."

When does the Bush-Cheney campaign plan to release a video calling Leach and Hagel flip-floppers for having the audacity, like Kerry, to make different statements about Iraq over the course of a nearly two-year period?

If the Bush-Cheney people are applying the same standard across the board, they would be branding the American people as 'flip-floppers'?  After all, the public's assessment of Iraq has changed a lot -- no less dramatically than John Kerry's.  Last July, only 27% of Americans told Gallup that sending U.S. troops to Iraq was "a mistake."  By earlier this month, roughly one year later, that percentage had doubled to 54%.

The GOP video also reminds viewers that Kerry voted against $87 billion for Iraq and Afghanistan in October 2003.  What the video neglects to tell Americans is that Paul Wolfowitz, the deputy defense secretary, had assured a Senate committee in March '03 that Iraq's great oil wealth could enable the country to virtually cover all costs for its post-war reconstruction.  "It doesn't have to be U.S. taxpayer money," Wolfowitz said.  But that detail didn't make it into the AP story.

The irony here is that the Bushies are slamming Kerry for being so foolish as to take them at their word, to actually believe them -- their promises about reconstruction costs and their so-called "slam dunk" evidence about WMDs.


posted by Frederick Maryland at 3:43 PM




Say that to my face, you freakin' nasty b*tch

Hey, Ann Coulter, do you really think you can get away with saying that ALL conservative women-- including yourself-- are "pretty" and that all female democrats are ugly?
As for the pretty girls, I can only guess that it's because liberal boys never try to make a move on you without the UN Security Council's approval. Plus, it's no fun riding around in those dinky little hybrid cars. My pretty-girl allies stick out like a sore thumb amongst the corn-fed, no make-up, natural fiber, no-bra needing, sandal-wearing, hirsute, somewhat fragrant hippie-chick pie wagons they call 'women' at the Democratic National Convention.
While I'm not in Boston at the moment, I've been watching it for several hours a night the past few days and it's pretty damned obvious that there are plenty of attractive, non-hippie, bra-wearing, high-heeled female democrats. Regardless, is there a more superficial reason to attack democrats than whether or not the women look a certain way? And you say that the speakers should be caged for being nuts?

Frankly, Ann,  no matter how pretty or ugly someone is on the outside, it's clear to me that if your insides were visible on the outside that you'd frighten small children and make aggressive dogs pee as they flee in the opposite direction. 

posted by Zoe Kentucky at 2:40 PM




Heard at the DNC in Boston …

The testy, edgy, honest, revealing words being uttered by Democratic delegates, speakers and Bostonians at this week's convention:
“… you know the old saying: you win some, you lose some. And then there’s that little-known third category.”

-- Al Gore, addressing DNC delegates on Monday night

*    *    *    *    *    *    *    *

“We had all of this talk about character when Bill Clinton was in office. Well, we're going to have character issues this year, too. Look, we've got a president who flat-ass lied to us about going to war. Why shouldn’t his character be an issue?”

-- Raul N. Rodriguez, an attorney from Denver, speaking on Monday at a reception honoring outgoing Congressman Dick Gephardt

*    *    *    *    *    *    *    *

“We've gotta get Kerry to lighten up (on Thursday night), even if it means we gotta take off our clothes and sing some rock and roll.”

-- Kathleen M. Karpan, a Wyoming Democrat

*    *    *    *    *    *    *    *

“Stop Mad Cowboy Disease.”

-- A popular button worn by many delegates

*    *    *    *    *    *    *    *

"Some [House Republicans] are born mean. They go to bed mean, they dream mean and they get up mean. And the worst is Tom Delay.”

-- U.S. Rep. John Lewis (D-Ga.), giving one of the more candid assessments of the Republican majority in Congress

*    *    *    *    *    *    *    *

“Don't you understand “No?’ ”

-- A staffer who escorted filmmaker Michael Moore, reacting to some aggressive reporters who insisted that Moore give them an interview

*    *    *    *    *    *    *    *

“… I was hoping for a reception like this. I was just kind of hoping it was going to be on Thursday night instead of Tuesday night.”

-- Howard Dean, acknowledging the hearty applause he received from DNC delegates on Tuesday

*    *    *    *    *    *    *    *

“It’s not exactly the GQ crowd.”

-- The manager of Boston’s Clarendon Wine Co., giving his assessment of the DNC protesters who had gathered along Boylston Street

*    *    *    *    *    *    *    *

“… the president and the Republican Congress … gave us two huge tax cuts, nearly half of which went to the top 1 percent of us.  Now I'm in that group for the first time in my life.  … when I was in office, on occasion, the Republicans were kind of mean to me.  But, (as) soon as I got out and made money, I became part of the most important group in the world to them.  It was amazing.  I never thought I'd be so well cared for by the president and the Republicans in Congress.”

-- Bill Clinton, addressing DNC delegates on Monday night

*    *    *    *    *    *    *    *

“How could he say something that stupid?”

-- Duane Woerth, president of the Air Line Pilots Association, reacting Monday to labor leader Andrew Stern’s contention that unions might be better off in the long run if Kerry lost the election

*    *    *    *    *    *    *    *

“Parking is always a challenge in Boston, but during the week of the Democratic National Convention, a legal and affordable space will be harder to find than Bush-Cheney buttons.”

-- The Boston Globe website offers advice to locals on finding a parking space



posted by Frederick Maryland at 2:10 PM




ISO: Ronald Reagan's "Real Voice"

Last night’s speech by Ron Reagan to the DNC in Boston has definitely gotten under the skin of a lot of conservative and Christian Right leaders.  Ron Reagan’s half-brother, Michael, has jumped into the fray.  On his syndicated radio show, Michael offered the snide suggestion that Ron should “get involved in the Alzheimers' Foundation or the Parkinson's Disease Foundation.”

Michael said on last night’s radio show that he hoped Ron “becomes more knowledgeable on the issue and honors our father.”  But given the fact that the former president never took a public position on stem-cell research, who can say with certainty whether a pro-research position honors or dishonors Ronald Reagan?

In his daily radio commentary, Family Research Council leader Tony Perkins has blasted Ron Reagan, accusing him of “assault[ing] his father's memory” by supporting stem-cell research.  Perkins added that he hoped that “the Republicans will let the real voice of Ronald Reagan be heard and give Michael Reagan the chance to speak out in this debate.”

Excuse me, but when did Ronald Reagan morph into the body of his son, Michael?  And, just for the record, Ron Reagan never stated or suggested that his voice was somehow the equivalent of his father’s.  Perkins’ statement is particularly shameful because Ron Reagan never even mentioned his father’s name during last night’s speech

Although Ron Reagan said his speech was not "political," it arguably assumes that tone when it is delivered at a major party convention.  Yet, having said that, I give him credit for not suggesting (unlike Perkins and Michael R.) that his position is, somehow, the only one that pays tribute to the late president's memory. 

In an NPR interview late last week, Ron Reagan even acknowledged that he did not know where his father would have stood on the issue of stem-cell research.  (He added that his mother, Nancy, has told him that she truly believes the late president would have been supportive of stem-cell research.)

The “real voice of Ronald Reagan” will never be heard again.  Someone needs to remind Perkins that the late president was buried last month.

posted by Frederick Maryland at 12:45 PM




Why I Love the Law, Part DLIV

From California's always-entertaining Justice Bedsworth, I learned of a brilliant Ohio appellate opinion that begins thus:
In this case we are called on to determine whether a cow is an uninsured motor vehicle under appellants’ insurance policy. We hold that it is not.
It would be hard to improve upon that opening, as Bedsworth notes in envy, but the Ohio court's explanation of why a cow is not an ininsured motor vehicle comes close.
There appears to be no dispute that there was a collision; the cow was not insured at the time of the collision; and that the cow caused the collision. The dispute in this case is whether the cow was a ‘land motor vehicle’ as defined in the policy. While a cow is designed for operation on land, we do not believe a cow is a ‘motor vehicle.’ The policy at issue does not separately define ‘motor vehicle;’ therefore we must look to the common, ordinary meaning of this term.

The American Heritage Dictionary defines ‘motor vehicle’ as, ‘a self-propelled, wheeled conveyance that does not run on rails.’ Id. at 817. A cow is self-propelled, does not run on rails, and could be used as a conveyance; however, there is no indication in the record that this particular cow had wheels. Therefore, it was not a motor vehicle and thus was not a ‘land motor vehicle’ as defined in the policy. The trial court properly found that appellants were not entitled to uninsured motorist coverage.
This is judicial craftsmanship at its highest. Bedsworth, perhaps reflecting his L.A.-area base of operations, says that the opinion would have gone like this if he'd written it:
My opinion would have recited the facts in a single paragraph and then held, “Hello? It’s a cow.”
Despite the incessant lawyer-bashing by politicians and comedians, I insist that ours is a noble profession.


posted by Arnold P. California at 11:44 AM




Things Are Great in Afghanistan

Via Instapundit, I see that things are going really, really well in Afghanistan - at least according to the New York Post
THERE'S good news from the forgotten front of the War on Terror: The first-ever public opinion poll in Afghanistan shows that people there are optimistic about the future and excited about upcoming elections.

But you wouldn't know it from the mainstream press, which received the poll with a level of skepticism usually reserved for Yeti sightings and money transfers originating in Nigeria. The most coverage given to the poll so far: a five-sentence news brief in The Washington Post.

Perhaps some folks worry that the news is a bit too convenient for President Bush.
Instapundit seems to think this is going to be bad news for Kerry. I, on the other hand, think this is going to be bad news for the people of Afghanistan
The international relief group Medecins Sans Frontieres has announced it is pulling out of Afghanistan after 24 years because of security concerns and frustrations with the U.S. military.

MSF -- or Doctors Without Borders -- blamed the Afghan government for failing to catch and prosecute attackers who killed five MSF workers earlier this year.

It also blamed the Taliban, who have specifically threatened its aid workers, and the U.S.-backed coalition, which MSF said had "blurred" the image of aid workers as the coalition attempted to "win hearts and minds."

[edit]

The Nobel Prize-winning group suspended its Afghanistan operations in June after its workers were shot dead in an ambush in the worst attack on the aid community since the fall of the Taliban.

[edit]

More than 30 aid workers have been killed since the beginning of the year, she said.
Seeing as MSF generally carries out its work in every god-forsaken place on the planet despite threats from killers, cannibals and deadly diseases, the fact that they are pulling out of Afghanistan is pretty staggering.

posted by Eugene Oregon at 11:11 AM




Female Senate Dems Think Alike

At the DNC in Boston, the nine Democratic women who serve in the U.S. Senate were sent out onto the stage.  One of them, Senator Barbara Mikulski of Maryland, vowed that all nine of them would be a potent force in fighting to help John Kerry implement his agenda.  My initial reaction was negative.

Not all women (even female Dems) share the same ideology.  My guess was that the voting records of the nine ranged from the very liberal to the somewhat moderate area of the political spectrum.

Well, I was wrong.  As it turns out, there is an amazing degree of consensus -- almost unanimity -- among the nine female Dems in the U.S. Senate.  I reached this conclusion after analyzing the scores that various left-of-center lobbying groups gave to each of the nine.

I began by reviewing grades given by the Americans for Democratic Action -- ADA is arguably the bext known liberal organization that tracks the voting records of U.S. Senate and House members.  ADA rates the percentage of time in which a member votes in support of the liberal position.  Here's what the ADA ratings show.

Mikulski’s ADA lifetime “liberal” score is 94, although she twice garnered an annual score of 100.  Sen. Maria Cantwell of Washington State was elected by a narrow margin in November 2000, and her two ADA ratings average out to 90 for the years 2001 and 2002 (I looked for, but didn’t see any 2003 or '04 ratings by ADA).  Like Cantwell, Sen. Hillary Clinton was elected to the Senate in 2000.  Her first two years produced identical ADA ratings: 95.

Since Sen. Debbie Stabenow of Michigan served in the U.S. House far longer than she has in the Senate, I relied on ADA's lifetime score for her House votes, which was 97.

Then I looked at the ADA ratings for California's senators.  Diane Feinstein’s lifetime ADA score (through 2000) is an 86, and Barbara Boxer’s is a 96.  So far, they looked like birds of a feather, but I expected to find that the two female Dems from the Deep South would score in the upper 60's or low 70's.  The percentage scores of Senators Blanche Lincoln of Arkansas and Mary Landrieu of Louisiana were lower, but not that much lower.

Here is a chart of the voting records (admittedly not precisely comparing “apples with apples”) of all 9 female Democratic senators:
VOTING RECORDS
% of Votes That Female Senate Democrats
Supported the "Liberal" Position

Stabenow (Mich.) …. 97
Boxer (Calif.) …........ 96
H. Clinton (N.Y.) ….. 95
Mikulski (Md.) …..... 94
Murray (Wash.) …… 92
Cantwell (Wash.) ….. 90
Feinstein (Calif.) ...... 86
Landrieu (La.) ...…... 84
Lincoln (Ark.) …....… 82.5
Just to make sure things hadn’t changed significantly in the '03 and '04 Congresses, I checked out more recent voting records.  The American Association of University Women (AAUW) -- a reasonably liberal group -- graded the 100 senators during the first session of the 108h Congress (early 2004).  Each of the nine female Dems scored 100%.

Last year, AFSCME, one of the largest unions in the AFL-CIO, posted lifetime ratings for all senators that included 2003 votes.  These nine women voted “correctly” more than three-quarters of the time, according to the union.  Their AFSCME scores ranged from a high of 100 (Stabenow and Clinton) and a low of 79 (Lincoln).  All but two of them scored 85 or better.

So there you have it – these nine female Democrats are very much in broad agreement on the economic, foreign policy and other issues that arise in the Senate.  Mikulski's quite right; Kerry would probably receive more reliable support from female Dems than he could from his fellow male Democrats.


posted by Frederick Maryland at 11:01 AM




Meet America's Swing Voters

A popular news weekly shares the public's candid reaction to the recently released 9/11 Commission report.  Teeming with wisdom and insight.


posted by Frederick Maryland at 10:42 AM




GOP Vote Fraud in Arizona
 
The Arizona Daily Star has this story of commonplace corruption. 
An internal investigation into Arizona's election of a GOP national committeeman has found ballot fraud.

However, the Republican Party will be content to let the fraudulent results stand unless someone files suit.

In a letter to state Republican Party Chairman Bob Fannin, the party's general counsel. Timothy Casey, validates several instances of fraud in the election in which Tucsonan Mike Hellon lost his 12-year hold on the national committeeman post.

 Casey substantiated claims that some delegates voted more than once using other delegates' credentials, a violation of the party's bylaws. 

I don't point this out to imply that the GOP has lots of vote fraud.  I am not surprised to see both parties have instances like this.  Some humans will always try to cheat.  They should be caught, but I am not going to pretend to be horrified at the attempt.  What does strike me as especially lame, is this comment by the victim of the intra-party fraud.
 "I think it makes it look very, very bad, and it frankly has the appearance of corruption," Hellon said. "Democrats in Chicago do this stuff. Republicans don't."

Dude, don't drag the other political party into this.  Clean up your own backyard, you big whiner.



posted by Helena Montana at 10:02 AM




Daily Darfur

Villagers are being burned alive by the Janjaweed.

Oxfam says the humanitarian crisis is "massive"
The scale of the crisis that we're trying to respond to here is absolutely massive - they lack food; they lack shelter; they lack medicine. And OXFAM specializes in these emergency situations in providing clean water and sanitation facilities. That's absolutely essential to prevent the spread of disease, like cholera, like typhoid and other life threatening illnesses."

Mr. McIntyre says there are a number of humanitarian agencies working at capacity in Darfur, but unable to keep up with demand.
There are thousands of refugees who have been unable to make it to camps and, as a result, are cut off from most international aid.

The US and the British government are working together to determine whether genocide is being committed in Darfur.

Colin Powell says any talk of military intervention in Darfur is "premature."

The Washington Post wants to know "How many deaths will it take?" before the international community starts taking concrete steps to deal with the crisis.

Sudan is accusing Darfur rebels having killed nearly 1,500 people since signing a cease-fire in April.

In other Africa news, 20,000 people are in a "critical humanitarian state" after fleeing renewed fighting in the Democratic Republic of Congo, hundreds of thousands of Eritrean children are living in extreme poverty due to prolonged drought and the aftermath of border conflict with Ethiopia, and Ugandans are wondering why the world is ignoring the abductions and deaths of thousands at the hands of the Lord's Resistance Army.

But there is occasionally some good news out of Africa, like the fact that Chad has vast amounts of oil and has set up a structure to ensure that the billions of dollars in oil revenue benefit the people, not corrupt politicians and officials
Over the next 20 years, it's expected to get at least $2 billion, boosting national revenues by 50 percent, according to the World Bank. But unlike other African nations, Chad is committed to spend 80 percent of oil revenues on schools, clinics, roads, and other basic needs. Five percent goes to a fund for future generations. Another 5 percent goes to develop the southern oil region, near the Cameroon border. And 10 percent is socked away in case oil prices fall.

Most of the cash is held by the World Bank in a London account to avoid "leakage." And a citizens committee, with four members from nonprofit groups and five from government, must approve all oil- revenue expenditures.


posted by Eugene Oregon at 9:28 AM


Tuesday, July 27, 2004


Traffic Congestion Redux

I never really liked the argument that we should defend the free speech of those we disagree with because that's the only way to ensure that our own free speech rights will be protected.  I don't mean I objected to it; it's just that I think that you defend others' free speech rights because it's the right thing to do, not because you stand to gain from it.

Anyway, federal courts have reminded us this week that the logic that screws the Right on Monday can bite the Left on Tuesday.  I posted yesterday about a First Amendment case in which a federal appeals court held that police officers could make right-to-lifers take down pictures of dismembered fetuses because they were distracting drivers.  Today, another federal appeals court came to essentially the same conclusion (pdf) in  allowing an employer to try to get union pickets ejected from the roadside outside the entrance to the employer's property.
The picketers bore signs that were clearly intended to be read by motorists approaching from both sides of the entrance. It is readily foreseeable that passing motorists attempting to read the signs or simply distracted by the presence of the picketers so close to the roadway would slow down considerably from the posted 55 m.p.h. speed limit and pay attention to the picketers rather than the roadway and other traffic. . . . The police chief’s unchallenged testimony sums up the potential for harm: "When you have picketers] alongside the road . . ., if [motorists are] gawking off and looking off to the side, someone stops in front of them, . . . you have a bad accident there."
The legal issue wasn't the same in the two cases, but the analysis was quite similar.  In the labor case, the question is whether the employer interfered with the union's rights under the National Labor Relations Act, which include things like organizing and picketing.  Just as the right-to-life case said the First Amendment right to demonstrate in public could be curtailed because of traffic safety concerns, the labor case said the NLRA right to picket in public could be curtailed for the same reason.  Indeed, the union went ahead with the picket even though the police chief, who issued permits for public assemblies, was out of town because the union's lawyer believed the union had a First Amendment right to demonstrate without waiting for the chief to come back.

M. Voltaire, where are you?


posted by Arnold P. California at 5:02 PM




I Really Hate Polls

Obviously, polling is one of my pet peeves so I am going to continue to rant about it. I can understand the use of polling in general, especially as it helps candidates tailor their speeches and campaigns in ways that allow them to sway our ridiculously uniformed electorate. Americans don't pay much attention to politics and candidates seek to exploit this fact in a manner that works to their own advantage. Such is the nature of the game.

But I still get all riled up when I see things like this
Cheryl Utley, 43, of Lowell, Mich., would seem to be exactly the kind of voter Kerry is targeting this week. Utley, a restaurant worker, is an independent living in a battleground state. She is leaning toward Bush even though she has supported Democrats more often than she has Republicans. "I have more of a sense of where he stands on things than Kerry," she said.

Utley wants Kerry and the Democratic Party to talk about domestic issues, specifically education and "what they plan on doing about health care for middle-income or lower-income people."

"I have to face the fact that I will never be able to have health insurance, the way things are now. And these millionaires don't seem to address that," she said.
Allow me to make a broad, and probably totally unfair, generalization here.

Well, Cheryl, if you want to know about John Kerry's plans for education, why not read this, or this, or this, or this? Want to know about his plans for health care? Then read this, or this or this and get some information on Kerry's plans for a Patients' Bill of Rights, reducing medical malpractice premiums, ending artificial barriers to generic drug competition and oh so much more.

But you won't, because it is complicated and boring.

I think what Cheryl really wants is to be able to form some vague opinion about Kerry's health care plan without putting forth any effort to understand these complicated and boring issues.

Despite the fact that Kerry talks about them all the time, it hasn't managed to seep into Cheryl's consciousness because she isn't paying attention - and somehow that is Kerry's fault.

Maybe Kerry ought to come to her house and give her a personal tutorial on what is wrong with our health care or educational systems, explain the roll companies, government bureaucracy, interest groups and lobbyists play in our political system, and discuss the fact that there are 535 members of Congress who all have a say in what sort of legislation gets written and passed. Will that help?

On a related note, as I was flipping around the channels this weekend, I saw that Dolphins running back Ricky Williams retired. But since then, I haven't heard anything else about it. Of course, I don't read the sports page or watch Sportscenter or any local news sports coverage - still, how come I don't know what the Dolphins plan to do about it?

But if there is anyone out there doing a poll on the issue, give me a call. I've got all sort of uninformed opinions to share with you.

posted by Eugene Oregon at 4:18 PM




"We Wish to Inform You..."

I have been reading a book by Fiona Terry, Director of Research at Medecines sans Frontieres, called "Condemned to Repeat? The Paradox of Humanitarian Intervention" and it had a chapter on the refugee crisis that unfolded in Zaire when more than a million people fled Rwanda after the 1994 genocide. While reading it, I learned a bit about an event I have never known about - namely, "The Gersony Report."

Terry's book recommends reading Human Rights Watch's report "Leave None to Tell the Story: Genocide in Rwanda" to learn more - so I did.
After the RPF victory, the UNHCR sent a three person mission headed by Robert Gersony to find ways to speed the repatriation of the nearly two million refugees who had fled the country since April ... Although he and his team did not set out to gather information on RPF abuses, they became convinced in the course of the work that the RPF had engaged in "clearly systematic murders and persecution of the Hutu population in certain parts of the country."

[edit]

Gersony himself reportedly estimated that during the months from April to August the RPF had killed between 25,000 and 45,000 persons, between 5,000 and 10,000 persons each month from April through July and 5,000 for the month of August.

[edit]

Annan, apparently at Boutros-Ghali’s direction, reportedly informed the Rwandan prime minister that the U.N. would do its best to minimize the attention given to Gersony’s findings because the international community understood the difficult context in which the new government was operating.

[edit]

U.S. officials were aware of the U.N. decision not to make the report public and agreed with it.

[edit]

The substance of Gersony’s findings was leaked to the press. Rwandan officials reacted with new denials and by unleashing renewed attacks on the U.N. In New York, Boutros-Ghali ensured that there would never be a written document to call into question the efficacy of the U.N. presence or the behavior of the Rwandan forces. Gersony was told to write no report and he and his team were directed to speak with no one about their findings. The UNHCR produced a confidential note of some three and a half pages for internal use, but even this minimal statement was not shared with the special rapporteur on Rwanda of the Human Rights Commission. He received a shorter two and a half page statement. When the representative of the special rapporteur tried in April 1996 to obtain more information about Gersony’s findings from the UNHCR, he received a curt reply stating: "We wish to inform you that the ‘Gersony Report does not exist.'"
Every time I think I can't lose any more respect for the UN, I find something like this.

Failing to act during the genocide is inexcusable - but failing to publicize atrocities committed by the "heroic army" that did stop the genocide because you are ashamed of not having acted yourself is reprehensible.

posted by Eugene Oregon at 1:40 PM




The Ports That Clinton Referred To

Speaking last night at the DNC in Boston, Bill Clinton talked about domestic security issues:
"... on homeland security, Democrats tried to double the number of containers at ports and airports checked for weapons of mass destruction. It cost a billion dollars. It would have been paid for under [the Democratic] bill by asking the 200,000 millionaires in America to cut their tax cut by $5,000. Almost all 200,000 of us would like to have done that, to spend $5,000 to make all 300 million Americans feel safer. The measure failed. Why? Because the White House and the Republican leadership in the House of Representatives opposed it. They thought our $5,000 was more important than doubling the container checks at our ports and airports."
And this article in today's New York Times underscores Clinton's point about the vulnerability of America's ports:
Severe cargo congestion and labor shortages at American seaports are creating long delays in delivering goods and potential threats to national security, dockworkers and security experts say.

The problems are particularly acute at the ports of Los Angeles and Long Beach, the nation's busiest, handling roughly a third of the nine million cargo containers that arrive in the United States each year.

David Arian, president of Local 13 of the International Longshore and Warehouse Union, which works the Los Angeles waterfront, said the facilities and work crews here could not keep up with the volume of incoming freight. Mr. Arian said that as a result some new port regulations from the Department of Homeland Security were not being followed.

"The specific regulations for checking seals to ensure integrity of containers and cargo in them are presently not being enforced," Mr. Arian said in a telephone conference call on Thursday. "In terms of checking people coming into the terminals, the only people they're checking are longshoremen. We've been down there 70 years, and we're the most secure part of the work force. The truckers they don't check at all."

... Jim McKenna, president of the Pacific Maritime Association, operator of the major West Coast seaports, sharply disputed Mr. Arian's contentions about enforcement.

... Security and intelligence experts have identified the nation's 361 seaports and the 60,000 mostly foreign-flagged ships that sail in and out of them each year as prime targets for a potential terrorist attack. But ships and seaports have received only a small fraction of the attention given the aviation system since the Sept. 11 terrorist attacks, they said.

Stephen E. Flynn, a retired Coast Guard commander and a maritime security expert at the Council on Foreign Relations, contends that cargo containers will one day be used as "the poor man's missile" to deliver devastating weapons to American shores. "The question is when, not if," said Mr. Flynn ... He said overcrowding and outmoded transportation and cargo-handling systems made the American ports an easy target for theft and terrorism.



posted by Frederick Maryland at 12:30 PM




Demagogue Goes to Boston (Soon)

Duties keep me in Washington, D.C., for the next couple of days, but this blogger will head to Boston Thursday and will give Demagogue readers a firsthand review and (hopefully) thoughtful anaylsis of the final night of events at the Democratic National Convention, including John Kerry's acceptance speech.

While we're taking about the DNC in Boston, today's Washington Post contains this column entitled "The Blogger Circus."  It is written by the Post's Robert MacMillan, who derisively distinguishes bloggers from him and his brethren -- who are "real journalists," thank you.  MacMillan says as much even as he acknowledges, two paragraphs later, that yet another daily newspaper has created a blog within its website.

As they say, imitation is the sincerest form of flattery.


posted by Frederick Maryland at 11:26 AM




Free Speech Off to a Shaky Start

I posted yesterday about a free-speech case involving abortion protesters in Kansas City, but my focus today is on Boston.  According to the AP, two sets of protesters lost First Amendment cases yesterday.  One was a group of pro-life nuts (I know they're nuts because the group included Operation Rescue), the other were an ill-defined (by the article) collection of protesters penned in the "free speech zone" in the vicinity (that is to say, somewhere in the same time zone) as the convention.

I'm not saying the judges were necessarily wrong.  Some deference to security experts is required from judges who are ill-equipped to make security judgments, especially in these times, and maybe the government had enough evidence to support their claimed security needs.  But this is not a promising start to the convention season.  There will be many times as many protesters in New York for the Necropublican 9/11 celebration-cum-convention, and you can be sure that the administration would be quite happy for the Secret Service to find justifications for keeping protesters as far away as possible.


posted by Arnold P. California at 11:11 AM




Debunking the GOP Message

For Bush-Cheney strategists, painting the Democratic ticket as too "liberal" is key.  Sarah Binder and Thomas Mann, senior fellows at the Brookings Institution, were part of a team that analyzed whether the GOP charge had validity -- and whether Bush and Cheney were any less vulnerable to charges of being far from the ideological center.  Binder, Mann et al wrote this excellent op-ed in the New York Times.
The Bush campaign has gotten particularly good mileage out of a National Journal analysis of roll call voting in 2003 that ranked John Kerry of Massachusetts as the No. 1 liberal in the Senate and John Edwards of North Carolina as the fourth-most-liberal senator.

Yet the senators' ratings are misleading because of the large number of votes each man missed. Mr. Kerry, for example, attended so few votes on social and foreign policy that his composite score in 2003 was based only on economic policy. Even then he was not the single most liberal senator on economic issues; it was a distinction he shared with six other senators, including Bob Graham of Florida.

So where do the Democratic nominees really fit along the left-right spectrum? Well, you get a different answer if your calculations are based on nearly all votes cast by the candidates in their Senate careers. Using this measure, we have arrayed Mr. Kerry and Mr. Edwards from left to right in the above figure based on their voting history in the Senate. For comparison's sake, we also have included Ted Kennedy of Massachusetts, Joe Lieberman of Connecticut, John McCain of Arizona, and the parties' median senators. We even have scores for President Bush (from his announced positions on roll call votes while president) and Vice President Dick Cheney (based on the votes he cast when he represented Wyoming in the House of Representatives from 1979 through 1988).

Assertions that the Democrats' presumptive nominees are extreme liberals fall flat. True, Mr. Kerry's voting history places him to the left of today's median Senate Democrat (Tom Daschle of South Dakota). But he is closer to the center of the Democratic Party than he is to the most liberal senators, including Mr. Kennedy. John Edwards falls just to the right of the median Democrat. In fact, he is nearly indistinguishable from Mr. Lieberman, the Democrats' vice presidential candidate in 2000.

On the other side of the partisan divide, Mr. Bush -- like Mr. Kerry -- is more extreme than his party's median senator (Richard Shelby of Alabama). He is also noticeably more conservative than his primary challenger in 2000, John McCain. So any assertion that the Democratic candidates are out of the mainstream might easily be applied to the Republicans as well. In fact, if any of the four candidates on the national party tickets this year is out of the mainstream, it is Mr. Cheney, who in his last full term in the House was on the right flank of roughly 90 percent of his Republican colleagues.




posted by Frederick Maryland at 10:56 AM




I Hate Polls

Two weeks ago, I posted on a Washington Post poll that contained this data
All in all, considering the costs to the United States versus the benefits to the United States, do you think the war with Iraq was worth fighting, or not?

Yes, worth fighting, STRONGLY 34%
Yes, worth fighting, SOMEWHAT 10%
No, not worth fighting, SOMEWHAT 12%
No, not worth fighting, STRONGLY 42%
Today, the Post released another poll and asked the same question
On another subject, all in all, considering the costs to the United States versus the benefits to the United States, do you think the war with Iraq was worth fighting, or not?

Yes, worth fighting, STRONGLY 36%
Yes, worth fighting, SOMEWHAT 13%
No, not worth fighting, SOMEWHAT 11%
No, not worth fighting, STRONGLY 37%
In the last few weeks, more than 20 US soldiers have died, there has been a "spate of kidnappings, car bombings and attacks on government officials," a report disclosed at least 94 "incidents" of prisoner abuse, and the Senate Intelligence Committee released a report citing massive failures in our pre-war intelligence.

Yet somehow the percentage of people who think the war was worth fighting has increased by 5 points?

posted by Eugene Oregon at 10:47 AM




How Many is "Some"?

It's the Washington Times, so what do you expect?
Although Senate Republicans blocked some of President Clinton's liberal nominees to the judiciary during his eight years in office, Democrats have held up dozens of Bush nominees, some for years. And while 99 percent of the judges nominated have been rated "qualified" or "well-qualified" by the American Bar Association, 25 candidates have still received no hearing before the Senate Judiciary Committee.
For the record, during the 6 years Republicans controlled Congress under Clinton, 54 nominees were blocked (49 never even received of committee hearing.)

I guess that is "some."

posted by Eugene Oregon at 9:56 AM




Daily Darfur

The US Holocaust Memorial Museum's Committee on Conscience has, for the first time in its history, issued a "Genocide Emergency" declaration, claiming that genocide is imminent or is already happening in Darfur.

Supporters hope to get a Security Council vote this week on a UN draft resolution imposing sanctions on Sudan and an arms embargo on the Janjaweed.

Libya is warning that any non-African military deployment to Darfur could provoke an "explosive" situation and destabilize the region.

The US has no plans to send troops to Darfur.

Sudan claims the US is exploiting the situation in Darfur as a pretext for toppling its government.

UPI has an interview with Sudan's president, Omar al-Bashir, in which he complains that the international community is not giving Sudan time to prove that it can deal with the situation on its own
The question that imposes itself truly is: Why the hurry? Why didn't those concerned about Darfur wait until the end of the three months to which we are committed in our agreement with the U.N. secretary-general? After that period the results can be evaluated to decide whether we have succeeded or failed. Then each side can judge based on facts and not mere speculation. There is ... a deliberate distortion of our capacity as a state to shoulder our national responsibilities.
A reporter for The Sunday Times met with a Janjaweed leader and offers this profile.

The Center for American Progress has an interview with John Shattuck, former Assistant Secretary of State for Democracy, Human Rights and Labor and author of the book "Freedom on Fire: Human Rights Wars and America's Response."

And, as if Sudan didn't have enough problems, the Lord's Resistance Army has been launching cross-border raids from Uganda, destroying dozens of villages and killing at least 100 people.

posted by Eugene Oregon at 9:41 AM


Monday, July 26, 2004


A Quick First Amendment Quiz

Picture a group of pro-life activists protesting on the sidewalk at a busy intersection.  Now imagine that among other paraphernalia, they have place three-by-five-foot photographs of dismembered fetuses right at the curb.  Motorists start complaining to the police, who show up and observe that drivers who are looking at the signs are nearly rear-ending vehicles ahead of them, and that one says she had to slam on her brakes and pull over because she was so upset.

Question:  can the police arrest the demonstrators if they refuse to take down the signs?

It seems that in the Eighth Circuit (roughly speaking, the states between the Missouri and Mississippi Rivers, plus Arkansas), the answer is yes.  In a 2-1 decision today (pdf), the appellate court held that Kansas City police officers in this scenario were entitled to qualified immunity in a civil-rights suit brought by the demonstrators.

Technically speaking, the question before the court wasn't whether the officers violated the demonstrators' First Amendment rights, but whether it would have been "clear to a reasonable police officer" that the demonstrators' rights were being violated.  But the opinion leaves little doubt that the court simply didn't think the demonstrators had a First Amendment right to place the shocking signs where they did.

The dissenting judge claimed the majority was permitting a "heckler's veto," in which a person's free speech is curtailed because of the actions of listeners who disagree with it.  The argument is that there was no general ban on placing signs at the curb, and the officers insisted that the demonstrators move only signs that passing motorists had deemed offensive.  Thus, says the dissenter, the signs weren't being regulated as part of a general "time, place, and manner" restriction that applied to all speech, but were being singled out because of their content.

I think this is a very interesting and difficult case.  Without seeing the record before the court, it's hard for me to say which side I agree with.  If it was essentially a matter of time before the sign caused a traffic accident, I'd be inclined to back the police officers, but I'd demand a pretty high level of proof where the First Amendment is concerned--the officers' say-so or speculation wouldn't be enough. 

A very tough case, in my opinion.  Considering that the demonstrators' lawyers are from the high-powered religious-right group American Center for Law and Justice, who are probably working for free unless they ultimately prevail (in which case the city will have to pay their fees), I'd guess there's a good chance they'll ask the full 8th Circuit to override the panel's split decision.  Failing that, they'll probably ask the Supreme Court to review the case.   I have no real basis for assessing their chances of success, but I have an intuition that they've got a decent shot at getting the full 8th Circuit to rehear the case.


posted by Arnold P. California at 3:46 PM




The Magic Number

Last week, Zoe posted on the 94 confirmed and alleged cases of abuse of prisoners in US custody.

Thanks to "Smith" in the comments section, I learned a few interesting things about this number - mainly that this number does not reflect the number of abused prisoners, only the number of incidents
However, the total number of abused prisoners is likely to be considerably higher. The report, for example, counts multiple incidents of abuse at the Abu Ghraib prison near Baghdad as a single case.
I also learned that the new report discloses the deaths of at least 39 prisoner while in US custody in Iraq and Afghanistan.

That is good to know.

posted by Eugene Oregon at 3:40 PM




The New Gold (Double) Standard

Jim Boulet, writing in The Corner
Among the speakers presenting the Democratic platform at their national convention today will be Bill Lann Lee, former Assistant Attorney General for Civil Rights, a man whose civil rights agenda was so radical he was never confirmed by the U.S. Senate.
When Democrats blocked William Pryor, it is because they were "anti-Catholic." When Democrats blocked Miguel Estrada, it is because they were "anti-Hispanic." When Democrats blocked Janice Rogers Brown, it was because they were "anti-Black" or "anti-Women" - or a little of both, or maybe just "anti-Black Women."

But when Republicans blocked Bill Lann Lee, it was because he was too "radical."

posted by Eugene Oregon at 3:21 PM




Judges Are Important ... To You and Me

Everyone knows that the president plays an important role in shaping the federal judiciary through his nominations. Washington insiders love this issue because it is esoteric and confusing and, most importantly, a good way to get attention and raise money by scaring the hell out of people.

If you don't believe me, just take a look at this and this - People For the American Way and the Committee for Justice have carved out a nice little niche for themselves by incessantly fighting over this topic. And while party activists and political wonks think the issue is important, I don't know that anyone else does.

But apparently Sean Rushton of the Committee for Justice disagrees
It's one [issue] that brings a lot of moderate voters and blue-collar voters over to the Republican side, people who aren't sure about the economy or not sure about the war.
Are you kidding me? People who don't think Bush is doing a good job with the economy and/or war are going to vote Republican because the Democrats have filibustered 10 judges to federal courts of appeal? Not likely.

Considering that most people can't even name one Supreme Court Justice, I find it highly doubtful that Republicans are going to win over a lot of moderates by complaining about Democratic "obstructionism" - unless of course they do so in a manner that conveniently fail to mention that, despite the 10 filibusters, Bush has seen 87% of his judges confirmed. But Republicans would never mislead people in such a manner ... would they?

posted by Eugene Oregon at 12:41 PM




Who You Calling Not-Rich?

Al Kamen had a good bit on Bush's campaign rhetoric that I am going to post in its entirety
There's always been confusion about how you determine who's rich, middle class or poor. There's rich and super-rich. There's lower, middle and upper middle class. There's working class, working poor and poor.

Finally, President Bush weighed in on Tuesday to clarify things with a broad, new definition. Speaking to a campaign crowd in Cedar Rapids, Iowa, Bush warned that John F. Kerry was going to blather endlessly about how he was only going to soak the rich to pay for trillions of dollars of new spending.

"In the campaign, you'll hear, we're only going to tax the rich," Bush said. "That's what you'll hear. Now, this from a fellow who has promised about $2 trillion of new spending thus far. And only taxing the rich, first of all, creates a huge tax gap, which means buyer beware.

"You see, if you can't raise enough by taxing the rich, guess who gets to pay next?" Bush asked. "Yes, the not-rich. That's all of us."

So it turns out that Bush, unlike your typical grandsons of senators, sons of presidents and graduates of fancy prep schools, Yale and Harvard business school, is just another "not rich" guy, a regular working stiff. The Bureau of Labor Statistics says the average annual wage for the Cedar Rapids area is $34,600. So that crowd was clearly "not rich."

But who else are the "not rich"? Well, Bush last year reported an income of only $822,000, and his assets were worth as much as $19 million. That includes his 1,583-acre ranch in Crawford, Tex.

Clearly not rich.

But Bush didn't define the minimum wage and assets needed to be considered rich. Would Vice President Cheney be in that class? Cheney reported income of almost $1.3 million and had assets in 2002 worth between $19.1 million and $86.4 million. Surely close, but not quite there.

These class divisions are, by definition, subjective and arbitrary. So let's set the standard: Rich means a yearly income of at least $2 million, assets of more than $100 million and ranches larger than 2,000 acres. Everyone else is "not rich."

That would mean that "fellow," Sen. Kerry, would be trying to raise those trillions from a relative handful of people, including his own wife. Absolutely impossible. So all of us "not rich" better beware, we're gonna get hammered if Kerry wins.


posted by Eugene Oregon at 10:59 AM




Daily Darfur

Medecins Sans Frontieres says thousands of refugees will die unless there is a massive increase in aid.

Heavy rains are hampering aid efforts.

Britain says it could send 5000 troops to Sudan very quickly if the government decided to intervene in Darfur.

Khartoum is threatening to fight any outside intervention force and a group calling itself Mohammed's Army is calling on Muslims to prepare to fight any Western forces sent to alleviate the suffering in Darfur.

Sudan's President is accusing the international community of targeting Islam, obviously ignoring the fact that the international community is concerned because the Janjaweed are killing Muslims.

Khartoum is also accusing Bush of using Darfur in order to pick up the votes of black Americans and to present himself as a defender of African interests.

Passion of the Present has a good post on the meaning of the Genocide Convention.

Finally, the AP has a story on how the abuses at Abu Ghraib and the disclosure of the torture memos may be undermining the United States' moral authority on human rights issues.

posted by Eugene Oregon at 10:28 AM




Early Morning Idiocy

After watching a lot of the mainstream media's warm-up to the Democratic National Convention over the weekend, I'm feeling rather nonplussed. There's been LOTS of mindless, talking heads chatter about how the democrats are in danger of being too negative; there are far too many idiots feigning concern that the convention is going to turn into a Bush hate-fest. Then this morning's lead-in story on Theresa Heinz Kerry telling a journalist from  to "shove it" is getting top billing-- ugh. (Of course there is no mention of the fact that it was a journalist from Richard Scaife's nasty little right-wing Pittsburgh newspaper.) Liberal media my ass.

It's pretty clear that the picture those in the media seem to be sketching is one of an overly negative, angry party. Unfortunately the dems seem to be playing straight into their hands. All of the dems they've had in interviews have spent far too much time responding to and discussing how they promise to be positive. Of course that means any passionate rhetoric will be overplayed, overemphasized and overanalyzed. Therefore any positive rhetoric will be referred to as "spin" the democrats are creating so that they're not negative. The dems are being set up to fail, let's just hope that they are able to change the media's narrative.

(sigh)  On a funnier note, did anyone else see Pat Buchanan on the Ali G show last night?


posted by Zoe Kentucky at 7:40 AM


Sunday, July 25, 2004


Clarke's Take on the 9/11 Report

Richard A. Clarke, the Bush administration's former counter-terrorism expert, has weighed in on the 9/11 Commission report through an op-ed published in Sunday's New York Times -- an op-ed in which Clarke, as always, pulls no punches:
Americans owe the 9/11 commission a deep debt for its extensive exposition of the facts surrounding the World Trade Center and Pentagon attacks. Yet, because the commission had a goal of creating a unanimous report from a bipartisan group, it softened the edges and left it to the public to draw many conclusions.

Among the obvious truths that were documented but unarticulated were the facts that the Bush administration did little on terrorism before 9/11, and that by invading Iraq the administration has left us less safe as a nation. (Fortunately, opinion polls show that the majority of Americans have already come to these conclusions on their own.)
And Clarke had this interesting recommendation:
... in addition to separating the job of C.I.A. director from the overall head of American intelligence, we must also place the C.I.A.'s analysts in an agency that is independent from the one that collects the intelligence. This is the only way to avoid the "groupthink" that hampered the agency's ability to report accurately on Iraq.

It is no accident that the only intelligence agency that got it right on Iraqi weapons of mass destruction was the Bureau of Intelligence and Research at the State Department -- a small, elite group of analysts encouraged to be independent thinkers rather than spies or policy makers.



posted by Frederick Maryland at 3:45 PM



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