12.14.2006

The Senate is now in danger of returning to the Republicans again.

Democratic Sen. Tim Johnson was taken to the hospital on Wednesday after becoming disoriented during a conference phone call with reporters. At first, he answered questions normally but then began to stutter. He paused, then continued stammering before appearing to recover and ending the call.

"The senator is recovering without complication," said Adm. John Eisold, the Capitol physician. "It is premature to determine whether further surgery will be required or to assess any long-term prognosis."

Eisold said doctors drained the blood that had accumulated in Johnson's brain and stopped continued bleeding.

Johnson's condition, also known as AVM, or arteriovenous malformation, causes arteries and veins to grow abnormally large and become tangled.

The condition is believed to affect about 300,000 Americans, according to the National Institute of Neurological Disorders and Stroke. The institute's Web site said only about 12 percent of the people with the condition experience symptoms, ranging in severity. It kills about 3,000 people a year.

The senator's wife, Barbara Johnson, said the family "is encouraged and optimistic."

In a statement from Johnson's office Thursday, she said her family was "grateful for the prayers and good wishes of friends, supporters and South Dakotans."

A person familiar with Johnson's situation said surgery began late Wednesday night and ended around 12:30 a.m. Thursday and that the next 24 to 48 hours would be critical in determining Johnson's condition. The person spoke on condition of anonymity out of respect for the senator's family.

If Johnson were forced to relinquish his seat, a replacement would be named by South Dakota's GOP Gov. Mike Rounds.

A Republican appointee would create a 50-50 tie, and allow the GOP to retain Senate control.

Damn, Putin is good.

12.05.2006




Dear _____,

Do you subscribe to the New York Times? Check out their new initiative called Timespoints (The program is basically a way to earn points from the New York Times by linking all your credit card purchases to a New York Times-affiliated account)

http://timespoints.nytimes.com/webapp/wcs/stores/servlet/TCHomePageDisplay?storeId=10001&catalogId=10001
Another description here:

It's an interesting scheme, from a business perspective. The consumer benefits are obvious. From the NYTimes point of view, the benefit of gaining access to information about a customer's credit card purchases is ambiguous. Do you think it's demographic profiling for the newspaper itself? Do you think the NYTimes is attempting to make more informed pitches to its advertisers? Do you think it is actually selling consumer information to other companies? Is it a business loyalty program of some sort? Your new business education surely enables you to answer these questions and more...

Oh yeah, and I am becoming less busy by the end of this week and would enjoy having that in depth discussion we have not been able to have in a while,

Keeping you on your toes,
Adam


Follow up: paranoid analysis:

However, at the same time I see the potential for mischief here. Like what is to stop the Rewards Program from compiling a private database of ALL of my credit card purchases, and then

1) Selling it to interested buyers who will target me with unsolicited mail, phone calls, and spam of all sorts
2) Selling the information to those who may, at some point, have the incentive to blackmail me with disclosures of my purchases (that Hardcore Geriatrics 37 video being but one of my many incriminating purchases)

You are now an expert in business law, right (I think you took one class in that or something)? Does the law protect me?

The webpage itself is misleading:

"Q: Why is The Times doing this?
A: This program allows our readers to get more from The Times by doing the everyday things they already do - dining out, shopping online and staying at hotels. Our objective is to reward our loyal readers and further enhance the value of their relationship with The Times. We are providing members with a hassle-free way to save on their subscription and also an opportunity to save on some of our other offerings - exhibition-quality photographs, thought-provoking books from our journalists, historic pages and more."


So the Times has its customers best interests in mind and there is no gain to be accrued to its organization... Riiight.
I will post the reply on this site.

11.18.2006

I actually paid attention to this election. The national results have been so completely analyzed that there is surely nothing new I can say. However, too little attention has been paid to the results that have taken place right here in Massachusetts. First, some background:

Our present governor, Mitt Romney, has actually accomplished very little. As everyone knows, he is just more interested in running for president than governing Massachusetts. Romney has cut funding for top Republican 'priorities,' like public safety and criminal justice, while espousing his superior conservative ethical bearing in stark relief to those wacky, degenerate Massachusetts people he oversees. Every once in a while, our governor pulls a 'John Kerry' and completely contradicts or reverses an earlier position on a contentious issue, but no one in Massachusetts notices or cares because his approval rating is close to 20 percent anyway. Or our governor will pull a 'George Bush,' which is the Massachusetts equivalent to bristling atop an aircraft carrier in a flight suit with obvious padding to make your crotch look huge. Here in Massachusetts, our governor struck a commanding pose in the Big Dig conference room emblazoned with pocket protector and holding a laser pointer. Wow, look at Romney - he's Atlas and Big Dig disaster relief all rolled into one! Sadly, though, the reality doesn't measure up.

When the Republicans announced that their nominee this election would be Romney's Lt. Governor Kerry Healey, naturally I had nothing to say...

Much more interesting were the Democratic primary candidates. During the primary campaign, the diversity of choices was magnificent and the policy differences among them veritable. At some point close to the middle, Deval Patrick arose as the inevitable nominee. This was interesting, because Patrick's plan and rhetoric were the vaguest of any candidate's. From the beginning, I was not inclined to take him very seriously. Nonetheless, it became clear that he had a kind of unstoppable momentum over and above the other two candidates, and resisting his train to the nomination was futile.

Why did Patrick beat Gabrielli and Reilly? He had the least concrete things to say. He wasn't an amazing speaker or very charismatic (despite what the die-hards said). His campaigning was not very outstanding either. His overall position on the political spectrum was pretty undistinguished. There can be many theories on how he went on to win, but I won't try to decide between them. I'll just list all the plausible ones that I can think of:

Patrick may have been a better politician. This is plausible, given that Reilly was prone to making blunders, and Gabrielli was, from his very outermost appearance to the core, not a politician at all. Not to hold anything against him: how many medical-school trained investment bankers do you know that would have much potential as a political candidate? Gabrielli, had he won (and if I were eligible, I would have voted for him), would have been a frighteningly efficient and probably very successful governor. Patrick, in his wisdom, kept his campaign vague, ESPECIALLY during the primary season, which must prove to have been a wise move given that entire campaign turned out to be so negative.

Patrick may have had a better product. And by product, I don't mean better SHELL. By that token, Healey would have won, since she has great hair.. Of course I mean product in the doctrinal sense. The message, which was, to be fair, perfectly loud and clear in all its vagueness, advertised a desire to govern by coalition rather than faction, by inclusion rather than division. This message, we may safely say, is during these times a badly needed balm at least, and redemption at its most.

It may have been Patrick's reputed charisma, whatever that is imputed to mean. Whether this came from his inspiring personal story or some exceptional personal quality, I don't really get. What I do know is that people reported finding it an integral and reinforcing part of his total message. Does charisma win elections? Sure. But it's hard to define, so let's instead move on to the next factor..

Patrick is black... This is not to take away from any other factor that led to his success this election, just as arguing that "Patrick is charismatic" is not in any way taken to imply that he offered a bad product. Since he is our state's first black governor, any analysis of his candidacy cannot ignore the fact of his race, just as the voters surely did not. Massachusetts is a leading - if not THE leading - progressive state. At the same time, Boston is STILL a racist place. I'm not going to go much further into supporting this claim other than to point out that race and class still correlate to a regretably close degree in Massachusetts, and, in effect, Boston is highly geographically segregated by race. And its a testimonial to the progressiveness of this state that voters overwhelmingly chose a black governor despite these baser ingrained tendencies.

Patrick was genuine and that's why he won. I just don't buy this one, not because I believe Deval is ungenuine (whatever that means in his case...) but because his Democratic opponent was absolutely genuine. Chris Gabrielli was way too much of a brainiac nerd and a policy freak to care for dissembling before the electorate. In other words, he was painfully genuine, which in his case translated to fully, clearly, and transparently lacking any charisma whatsoever, which I guess made it a liability in his case. The only other possibility is that Patrick was PERCEIVED to be genuine, which I guess was the case because his 'genuine' nature was consistently cited by supporters and commentators alike.

Of course, the foregoing analysis has been completely Patrick-centered. In reality, his opponents may have simply been worse. I mean, Reilly is undistinguished as Attorney General and definitely an insider in a political state that loves spending and behind the scenes brokering, thereby making him a risk. Gabrielli lived literally next to John Kerry, a fact that due to its symbolic significance made him automatically unfriendly and suspect to the powerful Southie-type lobby.

Lastly, the voters may have calculated that Patrick had the highest potential to beat the Republican Healey. What the idea may have been here, I can only speculate. Certainly he was different from Healey. And he did beat her.

Tomorrow I'll give my commentary on the campaign itself...

10.06.2006

The Foley thing, aside from being really sick, is just about the best example of bad karma that I have ever seen. Andrew Sullivan, the hands down go-to man in the case of a monstrous election-year Republican gay scandal involving a hypocritical closeted gay politician, abuse of power and church abuse (well, for any one of those, really), may well be enrapturing and ascending to the Creator at this very moment...
"The base of the GOP has been fed homophobia and gay-baiting for years now. It was partly how Rove won Ohio and the presidency. Gay-hating is integral to their machine. Now, the very homophobia these people stoked and used is suddenly turning back on them. Part of me is distressed that the GOP could lose not because of spending recklessness, corruption, torture, big government, pork, and a hideously botched war ... but because of a sex scandal which doesn't even have (so far as we know) any actual sex. But part of me also sees the karmic payback here. They rode this tiger; now it's turning on them. And it's dinner time."

"Three other pages describe Foley's online predation. The GOP is going to have to find another angle to deflect this. They've tried blaming the MSM; they've tried blaming Clinton; they've tried to turn all the victims into pranksters. It's been a worthy display. But in the end they may have to take ... responsibility. Remember that? It used to be a conservative value."


"The silent victims of the closet are not just the closeted gay men and women themselves. The pathology destroys marriages, wounds wives and husbands, traumatizes kids, breaks up families, leads to acting out, sexual abuse and dysfunction. The victims of homophobia are not just gay people. They are straight people as well. And the only way out is through.

If one good thing comes out of this Foley fiasco, I hope it is a clear sign that the closet and its pathologies must end. And only the institution of civil marriage for all can kill it off for good. Gay people desperately need institutions in which to express their love constructively and responsibly. We are just as human as anyone else."


Whichever Democrat invented this scandal is an absolute genius. Here's why:

Hypocrisy - Politicans are all hypocritical, we are taught. Yet contemporary Republicans are supposed to be an improvement on this stereotype; they are straightlaced and devout. Not so. We all know that being a flaming hypocrite is an equal opportunity employer, but I could not imagine a more, well, flaming, example of hypocrisy. Not only is this guy a Republican, not only was he completely in the closet and gay, he was 'chairman of the House caucus on missing and exploited children.' He sponsored a bill protecting children from exploitation. If you're a Congressman, does that make personally exploiting children better or worse?

Sex - Remember when the Republicans got all fake-bent out of shape that 'one of Bill Clinton's trysts with Monica took place in the oval office on...Christmas!' Imagine the excellent opportunities to turn this around: 'One of Representative Foley's internet chats with an underage boy on penises, naked asses, and masturbation took place... during an appropriations bill for IRAQ! The fact that naked asses takes priority over well-armored asses on our troops is an assault on our troops. And, he probably wants gays in the military: underage, gay prostitutes!'

Gay - Just the fact that the GOP is currently so homophobic and yet could be brought down by a gay scandal is quite poetic.

Grandstanding - Republicans arguably won the last couple elections by grandstanding on corruption of leadership and their intolerance to sex scandals. Now, considerable evidence that the leadership not only covered up a sex scandal, but looked the other way, makes this claim ridiculous.

This guy did EXACTLY what Clinton did, aside from having actual sex on the premises. Given that Clinton's scandal was such a winner for the Republicans, this is guaranteed to be a whopping loser for them. Moreover, it seems that he started stalking pages or whatever AFTER Clinton got caught in his sex scandal. It's almost as if Clinton's trangressions gave him the idea... Just a thought. But picture it: "While Republicans were busy shutting down our government and calling in a constitutional crisis over sex, Mark Foley was chatting with your teenager on AIM about penis size." "While Republicans were grandstanding about gays, Representative Foley was turning your kid gay." Ridiculous, I know, but this is the stuff that wins, is it not?

9.10.2006

Associated Press, bringing you the news you didn't know you already knew. These headlines are from today's (September 10th) 'Top Stories' section on Yahoo, presumably because the 'top' number of people already know them and therefore have nothing to gain from reading about them. The complete five listed stories as of 3:00 pm are:

Iran may consider enrichment suspension
Pope warns of tuning out Christianity
Rice: U.S. not entirely safe from attack
GIs hunt al-Qaida in Afghan mountains
U.S. military: Suicide cell in Kabul

Translations:
Iran can always change its mind on its own foreign policy
The pope promotes Christianity
The U.S. is not entirely safe; actually it will never be entirely safe
America is looking for America's "Number 1 wanted man"
Highly sophisticated army intelligence has determined that Afghanistan has a cell of suicide bombers

What is it, obvious day?

It's clear the AP is trying to outdo CNN at running news that people already know. But the AP will lose, because tomorrow CNN is running the entire day's coverage of 9/11, 2001, exactly as broadcast five years ago. Beat that! You can't get more redundant than that. And also, that's just weird.

6.11.2006

Why you don't want to be my email friend

____,

I emailed ___ the other day with the intention of provoking him into a blind rage whereby he has no choice but to play me and subsequently surrender to me in tennis. He told me that after all the practice he has been getting in India, he wishes to indulge instead in a match of shuttlecock. It's not what you're thinking you pervert! Shuttlecock is a game where you attempt to bat the cock around until it finds the other person's rough. If you're lucky you can find the cock right over their end, at which point you can really ram it home. Don't pervert this very distinguished aristocratic game with your filthy ideas.

Anyway, let me know you are alive, etc.

your friend,
Howard Hughes

p.s. I think all our pool playing finally came in handy the other day during a competitive family event.

2.18.2006

For how bad it is, the Bush Administration has actually achieved a lot. It's amazing to sit back and reflect on the number of systemic flaws they have duly exposed, without without any intent to do so. The way I look at these things, and I could be very wrong, the biggest problems right now are gross inefficiencies and corruption at the very highest levels of the government apparatus.

Things were not always this way. At one time, federal government had the integrity and the will to get things done, and the state governments and prior to those, the local ward systems, were filled with overwhelming special interests, corruption and stagnation. Not to say the latter has gotten notably better either (and ward systems don't exist anymore), yet under this administration, it is clear that federal government has veered disturbingly toward a kind of boss system as well.

It's pretty clear to me that the administration has been manufactured to make this as palatable on a federal scale as possible. Everyone's suspicion back in the pre-9/11 days that Bush couldn't possibly be in charge has turned out to look correct. Now we know more about how decisions - important decisions - are made in the Bush Whitehouse: An idea has been on the agenda for a while. When the opportunity is ripe, Bush gathers his closest advisers together for a relatively unextensive briefing / series of briefings. Not being a "details person," Bush accepts their briefings without looking any further into alternative views or other information, or intelligence or whatever. I can say that he doesn't look at alternatives because it is a fact the every high-level appointee in that administration has an agenda! With few exceptions, every single appointee has come in with an agenda that is plainly evident from even their surface histories. I have no idea who exactly, but many belong to the Federalist Society. Cheney has been a part of the same group of White House administrators who for over a decade have wanted a toppled Iraq with an American military and contractor presence. Rumsfeld is head-over-heels about the prospect of sleek and stealthy global American military dominance and capability. All these men's advisers and counsels and undersecretaries are in the same boat. I don't think the force of persuasion and coercion of these two groups should be underestimated. The rest of the appointees to the State Department and especially the Intelligence Agencies are either highly screened, or highly loyal. The ones who defect just literally leave, for whatever reason.

The facts have finally come to light that the pre-Iraq intelligence community was dealt with in three ways. The nuts and bolts officials who presented contravening information were literally funneled into oblivion, or if they refused to shut up, threatened or removed. Secondly, the higher-ups on the intelligence community who were ordained to communicated with the Departments were quite simply used. They were exploited to cherry-pick the "right" intelligence. Results-based intelligence inquiries were the norm, and when contrary evidence was presented despite this, it was discriminated against and ignored by the Administration. It's completely known that various department and vice-president officials of various strata said to intelligence officials "give me every piece of credible intelligence that supports this point." Thirdly, officials then pressured the intelligence community to adopt the Administration line, which worked. It's now known that the majority of the intelligence community was not convinced enough to share the Iraq-WMD link claim.

Proceduraly, the genius of this set-up is that it evades scrutiny. Bush is the head of state, and a kind of hard to ignore one at that, so people and the press naturally put their attention on that. Then, one scandal or another happens and the press immediately turns to a presidential press conference or the press spokesman or Laura Bush or whoever, which then proceed to categorically deny any knowledge, involvement, or culpability in the proceedings. The thing is, it may be true. But meanwhile, these various undertakers in the background, many of whom no one has even heard about, actually enforce the order and do the dirty-work. I think the Vice President's recent terse statement in response to the issue of executive leaks is telling in this repect. He said that the Vice President has the authority to de-classify classified information, which apropo the ongoing investigation, would include the identity of covert intelligence officials. Nevermind the fact that no one knew this, because it was signed into law by the President with little notice shortly into his first term. Or the fact that it is an unrestricted power, or that it embodies an ongoing mandate from the President without any oversight or two-way notification.

The Administration has been able to use existing intelligence agency codes and the absence of whistle-blower laws for intelligence officials to its advantage. These laws, which are designed to protect state secrets and information pertaining to national security interests, are now being used to enforce deep conformity to a narrow definition of these things, which is actually equivalent to the administration agenda, sanctioned by executive powers. Only now are we finally seeing a swelling in those willing to give an inside story. And as more are emboldened by their example, it will not be a pretty picture.

It is truly distrubing the degree to which the Adminstration uses and controls information. Their conduct with intelligence is only one example. They don't appear before the press, except in highly scripted events. Even then, they don't actually give any information. They claim executive privillege at every turn, from confirmation hearings, to indictments, to congressional hearings. The public doesn't get to know anything about national security threats, probably for legitimate reasons, but at the same time, vague warnings about that information are used to justify all sorts of things, from terror alerts to continued policies of war to controversial domestic programs such as warrantless wiretapping and indefinite detentions. Some even suggest that the warnings are used tactically. The wiretapping program is by definition another appropriation of information by the Adminstration, and whether it is legal or not will be eventually settled. Allegations that the program and other surveillance programs involve data-mining, the collection of large, encompassing amounts of information and then sifting through all of it according to certain ordained criteria, would be potentially even more of an information offense, because of the implication that acquisition at the first phase at least is non-specific. The known collaboration in this endeavor of telecom giants, and the majority of major search engines brings the picture of informational hegemony to Orwellian new heights. Finally, the creepy way they enforce a groupthink is a huge form of information control comparable to the others listed above.

However, in this way, the Administration may be prescient. I admit, I have no more acceptable alternative to managing national security in this information age. One way or another, presumably a way equivalent to the existing methods that can remain lawful will be found. In contrast, enemies are not encumbered by the same constitutional considerations, so the pressure will be steep. It also might be the case that the age of global, instantaneous media and information transmission has been ushered in, in which all future Administrations will be wise to conduct their own affairs in a much more secretive and controlled way. This does not involve breaking the law, of course, but it does involve disassembling some of the customs developed so far. This might include things like internal transparency, and much more aggressive use of info-ops. In the global age, any piece of the major media has the power to spoil an info campaign, so instead of being formally enslisted, the media has to be managed.

Next time, I will address the premise, which is how the Bush Administration has unintentionally revealed flaws in an accelerating fashion...

2.13.2006

A lot of talk has been devoted to the notion of the so-called "mainstream media," and how our current media does not live up to this supposed standard. But the understanding that the fact that something inhabits the mainstream discourse makes it newsworthy is flawed. It is indicative of the pathology currently suffered by the media: an obsession with the ratings or popularity of news, the stock price of the holding corporation, and the ability of the content to attract a desired "target audience" to the readership.

In all possible respects, the commercialization of news is a bad thing. First, it only encourages the public's sensationalist instinct. It doesn't logically follow that what people will most like to pay attention to, or pay attention to most immediately, is the same thing as what's important. Secondly, what the advertisers want is increasingly in contradiction to what solid, investigative reporting will entail. This is a consequence of increasing conflicts of interest between regard for the readership and the desire to obtain legislative and regulatory favors from the government, itself following from Big Money politics. Most ridiculous of all, a more mainstream media is sometimes interpreted to entail news practices that "keep up" with the prevailing state of knowledge in the country. I can't think of a more blatant reversal of the role of media than to suggest it ought to be more in touch with what people already believe.

I understand the objection that many will raise, that what is actually referred to as 'mainstream' is a location on the ideological spectrum. This complaint is common, in fact, however contradictory the various incarnations of it may be. Liberals complain that the media is more conservative than liberal, and that it certainly is not as liberal as it used to be. Conservatives, on the other hand, recite the refrain of "the liberal media" without end. Therefore, I don't believe this concept holds water. And if it did, would we want the media to be ideologically allied or ideologically determined in any way? From this light, the criticism seems more like a way to attempt to advance your particular viewpoint than a legitimate critique.

Let's list some of the times the media followed the mainstream line during the Bush tenure. After 9/11, for, oh...a good year and a half, the media publicized, parroted, and lionized everything said by any senior administration official. They let legislation get passed without any deference whatsoever to an opposition view. Did the overwhelming mainstream of Americans support bills like the Patriot Act unwaveringly? At the time yes, but that doesn't mean the dissent shouldn't have been covered. Now that people have changed their minds, we're hearing the dissenting views, 5 years after the fact. Nothing has changed. In fact a lot of the worst stuff was already passed in the first bill. In the Iraq build-up, the same pattern occured. It's not that there weren't PLENTY of contrary views to the assertion that Iraq had weapons of mass destruction and was capable/willing to use them imminently. Many of the international intelligence agencies held this dissenting view and were ignored. Not to mention the wide section of the intelligence community represented by those who have spoken out and the U.N. inspectors. Yet basically no airtime was given to these parties.

2.09.2006

We've heard about the cartoons, seen the effects, probably even seen at least one of them. People are rioting from the West Bank to Pakistan. There are a lot of points to be made out of this series of events, most already tired out. People are calling this the anticipated "clash of civilizations" or saying it's proof that a clash is inevitable. Sometimes I'm tempted to see the situation that way. People see the "Arab street" as a monolithic swath of would-be suicide bombers, throwing rocks at international peacekeepers all day. However, this is not the case. Essentially what you're observing is the precept "the loudest are the ones with the least to contribute." A moderate majority still exists. In everyday life, most muslims live in a way that's consistent with contemporary Judeo-Christian teaching. Most permit portrayal of the prophet, even though in both Islam and medieval Christianity, this was forbidden. A similar situation exists in the West Bank, where (up until now) a majority of the population would negotiate with Israel given the opportunity. (Likewise, an overwhelming majority of Israelis would negotiate with the Palestinian government in exchange for peace. This may no longer be the case with the recently elected government, however.)

The problem is the generation being educated right now. Regime, militant, and zealot-controlled public education and media are the standard in the Arab world. An insane amount of the Palestinian population grows up sympathetic to true radicals thanks to this effort, which institutionally praises self-sacrifice as the highest human calling. We are talking television media, the press, K through whatever they have there schooling, religious education, religious training, "investigative" government commissions and initiatives. It's reasonable to say all these institutions continue to supply people with a steady stream of unequivocal incitements. Iran just commenced an "independent government commission" to investigate the true history of the holocaust. This is despite the fact that the president has already prepossessed their conclusion.

This all ignores the fact that the middle eastern governments are characteristically weak, including Iran (which is Persian, so kill me), Iraq Syria, Lebannon, Saudi Arabia and the PA (or whatever it's called now). That's a good thing, right, because then inherently good-natured people are going to rise up against their oppressive demagogue governments and establish moderate civil society that attends to the people's needs of employment, education, and civic institutions and allows them freedom to modernize or to practice Islam to whatever degree of strictness they want, and all will live in peace. Well, it's not a coincidence that it's also one of Al Qaeda's explicit directives is to topple the governments in Egypt, Jordan, Saudi Arabia, on top of the tired old rants against the west. I believe those who say it is not a clash of civilizations yet are correct. It is a war within Islam and the Muslim world, first. Through all these institutions which convey ideologies, pan-Arab Islamist movements are attempting to unify the entire muslim world around a single goal of the revival of Islam through resistance to subversive forces like the West.

It is scary, but from the perspective of Arab muslims, the case is awfully compelling. Unemployment might be very high, you might be lacking basic human resources. The government as a rule does not work for the people. Of course this varies by country... If you have an education in history, you probably know that Islam had been a great world civilization and empire until the Crusades. If you know modern history, you know that Europe and America have divided and exploited the Middle East for over a century. Geopolitical division, direct occupation, military and financial interference in internal politics, and reciprocal patronage with dictators who neglect their peoples, you name it. If you don't have the internet, although the number of users is surging, the news you hear every day probably goes something like "Zionists / the West _________ (fill in the blank)" The prominent person in your area is probably a firebrand cleric who spreads even more insidious and inflammatory rhetoric. So you think, "Our governments neglect us, our states are continually played off against each other militarily to keep all of them weak, and the news (some of it truthful, but distorted) says that the West continues to attack us and plot to take our resources." Suddenly the group espousing a pseudo-fascist solution based around the shared heritage of Islam doesn't sound bad.

2.07.2006

My commentary on the Supreme court: Alito has been confirmed, Roberts breezed through, third spot pending. Now, Bush and the Federalists have 5 out of 9 Justices predisposed to rule in their favor on issues of importance to their aims. 4 out of 9 are proud Federalist society members (Scalia, Thomas, Roberts, Alito), a group which promotes a radical view of executive power, congressional oversight, and foreign policy objectives. There are many more shadier beliefs originating with current or past members of the group, but no reason to necessarily associate them with any of the sitting justices.

The abortion issue is a sham. These selections had nothing to do with abortion, and the debate shouldn't focus on it. Roe versus Wade may stand, or it may not. It may be worn down to a point of impotence (no pun intended), as everyone was fearing when Alito's internal Reagan whitehouse documents were released, it may be revised, or it may be flatly overturned; or most likely it will be left alone in large part due to the principle of starae decisis and limits on its application will be imposed according to according to a narrower interpretation of other statutes and perhaps the Constitution also. The point is, you shouldn't care. The Administration doesn't choose Supreme Court nominees because they suspect they will overturn the right to an abortion. I'm sure they marginally care about abortion, but it's just meant to be manipulative. This is pretty much the same deal as "let us raise your taxes, and we'll stop boys from kissing." There is no hard evidence that either new Justice will commence rolling back civil rights or abortion or gender rights, despite what the stupid sensationalist media says. However, the evidence is clear as anything, in that both Justices talked about it extensively in their respective confirmation hearings, that both have extreme and reformative views of the nature and extent of government.

The evidence is all out in the open, and people just aren't paying attention to it. Remember Alito defending the point that the unitary executive is actually a misunderstood and not radical approach? There are doubtless many breeds of this "theory" - although it's not so much a theory as it is a movement. Some embody the sentiment of America's beloved president Nixon, right after he resigned, when he said "If the president does it, that means it's not illegal." (There's a reason he became a consultant on foreign policy and not the Constitution) Others suggest that the range of things the executive does is limited in some way, but once those boundaries are established, activities should be unhindered by Congressional oversight. This seemed to be the kind of view Alito was articulating, but who knows.

The next logical question to ask is, who sets those boundaries? Well, in the short-term the executive can do whatever it wants, short of impeachment or the unlikely creation of some kind of new investigative agency. Ultimately, anything can come before the courts, and they have the final word. So, assuming that the executive does everything in the distant expectation that it will ultimately be supervised by the Supreme Court, we can clearly say that a careful Executive does everything that he thinks the Supreme Court won't strike down. There are three years left in this Administration and the president and his staff already have a good idea of how at least four of Justices will rule on major hotbutton issues of government. Scalia, Alito, Thomas and (I think) Roberts, all believe in presidential signing statments, which essentially says they think the role of the Executive is not to execute the laws passed by Congress but to execute AS WELL AS interpret the laws passed by Congress. Then, all three (with Roberts being the perennial wildcard thus far) are proud "textualists" in their interpretation of Constitutional matters. They take literally that clause in the Constitution (whatever it says exactly...) that the Executive has unlimited power to protect the American people in wartime. Ok, so we are in a war on terror for until they say it's over, so I guess the president the president has unlimited authority and that settles the wire-tapping debate. Isn't textualism fun! Alito and Roberts' views on privacy are instructive. I believe it took Alito a few days and several hours of hectoring by Democratic senators before he acknowledged a Constitutional right to privacy. Roberts' answer I believe was something to the effect, "I believe there is a Constitutional right to be left alone." That's interesting, because one, neither is a very emphatic supporter of the right to privacy, and Roberts' answer reflects only a small part of the concept of privacy. Isn't that interesting given the new information on legally questionable undertakings of the Administration which is now being legally predicated on a generic grant for use of force against Al Qaeda.

Ultimately, the wiretapping program itself is not of great consequence to this issue. With the amount of overt attention and scrutiny alreayd being paid to this, it seems unlikely that it will go before the Supreme Court. I'm not a lawyer, but from my assessment it seems illegal. At any rate, the entire notion of Executive authority and control in foreign policy is being radically questioned. I'm greatly concerned by this, because as anyone knows foreign affairs is going to be THE KEY focalpoint for many years.