Saturday, January 21, 2006

Go Nuclear

Dick Durbin thinks the Democrats may have enough votes to launch a filibuster against Justice Alito...

U.S. Sen. Dick Durbin (D-Ill.) announced Thursday he will vote against Judge Sam Alito for the U.S. Supreme Court. And he said so many other senators intensely oppose Alito that they may have enough votes to sustain a filibuster against the conservative jurist.

...As the No. 2 Democrat in the Senate, it's Durbin's job to count votes for and against Alito. He said he won't know until Tuesday if there are enough strong opponents to filibuster Alito's nomination.

"A week ago, I would have told you it's not likely to happen," Durbin said. "As of [Wednesday], I just can't rule it out. I was surprised by the intensity of feeling of some of my colleagues. It's a matter of counting. We have 45 Democrats, counting [Vermont independent] Jim Jeffords, on our side. We could sustain a filibuster if 41 senators ... are willing to stand and fight.

"We're asking senators where they stand. When it reaches a critical moment when five senators have said they oppose a filibuster, it's off the table. It's not going to happen. But if it doesn't reach that moment, then we'll sit down and have that conversation."
Professor Bainbridge, who's a solid Alito supporter, is on record opposing the nuclear option. He has a good argument -- a helluva a lot more solid than any argument the Democrats have for filibustering Justice Alito (the latest last-ditch attack is flat-out embarrassing, as noted by Jonathan Adler here). But in my mind, it's either drop the bomb, or raise the ante to their level. If we're going to politicize judges this much, let's discuss a recess appointment, and appoint Robert Bork.

Osama's Latest Recording Misses the Top 40

Over at the Belgravia Dispatch, Gregory Djerejian has a good take on Osama's latest recorded message...

...when I hear the word "truce" emit from UBL's lips (or, perhaps, whatever impersonator is doing a stand-in on his behalf), I conclude that we are winning the battle against al-Qaeda. Mind you, I'm not speaking about Iraq, necessarily, or perhaps certain al-Qaeda inspired spin-offs, or the GWOT generally. But the battle against the main, original al-Qaeda group that existed and grew in strength and terrorized in Dar es Saalam and Nairobi and in the port of Aden with the attack on the USS Cole--largely with impunity, it should be said, through the 1990s and into 2001--well, it has taken some real body blows these past four years.

Ultimately, however, one is left thinking what a sad life bin Laden leads trafficking in human misery, or, of late, reduced to threatening mass carnage via episodic videotapes basically dumped in front of Al-Jazeera's offices. So I guess I disagree somewhat with Muhammad Salah, Cairo bureau chief for the pan-Arab daily Al Hayat, who says to the
NYT: "The fact that he was able to record the message, deliver it and broadcast is in itself a victory for him". Well, yeah, maybe. But that's really defining victory down quite a damn lot, isn't it? It increasingly smells of desperation, of a man espying a tightening noose.
As Djerejian notes, we can't underestimate bin Laden. But it's heartening that we continue to take the fight to him, and his best response to us recently has been via recorded messages -- and they're not accompishing their goal, as per his last message just before the 2004 election. Let's hope it stays that way, until he ends up in a bodybag or a jail cell, preferably soon.

Plamegate, contd.

Tom Maguire continues his excellent work covering the Scooter Libby case, linking to a Washington Post article that describes the defense gameplan, including their effort to go after journalist's notes. The Post makes both Jeff Toobin of the New Yorker and Maguire in another earlier post look prescient. Maguire's detailed commentary on what may happen to the newsmedia as a result of this case is particularly entertaining...

...the case can be made that the Libby trial will become the trial of the (new) century and shatter the credibility of the media in a way that makes RatherGate look as embarrassing and unimportant as on on-air sneeze.

Very briefly, here are the three main points:

(1) It *MAY* be the case that Tim Russert and Andrea Mitchell of NBC News are conspiring to conceal misleading and possibly perjured testimony by Tim Russert to Special Counsel Fitzgerald. Since that testimony was central to the indictment and resignation of the Vice President's Chief of Staff, this little glitch in Russert's testimony has had dramatic (and unforeseen) consequences.

Their *POSSIBLE* motive - the protection of other sources, possibly including (I am serious) Alan Greenspan and Dick Cheney.

(2) The NY Times will take a hit when (*IF*) Nick Kristof is forced to admit that he was aware of Valerie Plame's CIA connection prior to the publication of the Novak column, and that he had previously used Ms. Plame as a source for some columns. Since Mr. Kristof's columns of May 6 and June 13 2003 triggered the Wilson story, his previously undisclosed involvement will raise eyebrows. To say the least.

(3) The Washington Post will find another Bob Woodward on their hands when (*IF*) Walter Pincus is forced to admit that the Plame leak he received on July 12 2003 was *not* his first leak of the news that Wilson's wife was at the CIA. We will learn (I am *GUESSING*) that Mr. Pincus was apprised of her status through State Department (or possibly CIA) sources back in June 2003. Why did he keep quiet, and how did the WaPo miss this? Well, why did Woodward keep quiet? Source protection.

Are all three of these scenarios going to unfold as I suspect? Presumably not. But if the Libby team gets lucky with even one of them, the Libby trial will be deeply problematic for Fitzgerald, and for the media. And for the rest of us, perhaps these ideas can help some enterprising journalists re-direct their attention and break (or close out) these possible stories.
The breakdown of the speculation regarding Mitchell and Russert is particularly intriguing. No, there's not a lot of hard evidence there. But there's plenty of little nuggets to check out that may be helpful in finding a great story for an enterprising journalist. And there's more than enough dirt available for a lawyer to send an investigator on an expedition that could turn up proof of any of the three scenarios -- the first of which could wind up bringing down Alan Greenspan, for crying out loud.

Thursday, January 19, 2006

Schooling Liberals

I've been wanting to link to this article for a couple days. Arnold Kling at TCS has a pretty good lecture on economics that liberals should read, focusing on the foolishness of Maryland's new law trying to force Wal-Mart to pay more of the health care costs for their workers. Some great snippets appear here...

Although the motivation of the liberals was to raise the well-being of Wal-Mart workers, it is far from clear that this will be the consequence. Low-skilled workers cannot receive more in compensation than the value of their labor. If Wal-Mart is forced to increase the share of compensation that comes in the form of health benefits, then it will have to decrease take-home pay. If it cannot decrease take-home pay, then it will have to reduce its reliance on low-skilled labor or cut back on operations altogether.

The Wal-Mart law injects politics into the process of setting benefits for Wal-Mart workers. Once the Wal-Mart law takes hold, various suppliers of health care services will have an incentive to apply pressure. Dentists and optometrists will lobby for laws that force Wal-Mart to pay for its workers’ dental care and eyeglasses.

The biggest beneficiaries of the Wal-Mart law are likely to be people who are better off than Wal-Mart workers. For example, owners of other businesses will be able to charge higher prices and earn higher profits.

In the liberal morality tale, Wal-Mart is a villain, and its workers are victims. However, Wal-Mart workers themselves feel lucky to be able to work there. What low-skilled workers need are more Wal-Marts. More Wal-Marts would increase employment for low-skilled workers, and ultimately this could drive up wages for such workers.

Maryland liberals believe that there is something wrong with free markets if Wal-Mart workers do not have enough health insurance. However, if Wal-Mart workers want health insurance badly enough, eventually the market will find a way to provide it.

...Liberals see the market as an arena in which evil corporations inflict their greed on innocent victims. I wish you would see that motives matter less than consequences. I wish you could see that greed is at work when laws are passed that regulate markets, because regulations always produce winners and losers. I wish you could see that those winners and losers are often not who you think they are. I wish you could see that competitive behavior and free choice are forces that operate in the market as a check against greed. Finally, I wish you could see that greed is most difficult to restrain when it is exercised through the medium of government.
(hat tip: Instapundit, as well as The Lord of Truth). That last paragraph should be required reading for every legislator. Of course, making them read it won't make them believe it, but there's only so much that can be done.

Bubba's Last Scandal... and the MSM Yawns

Loyal reader NC points us to Bob Novak's column and the last of the Clinton scandals...

The long-awaited final report by Independent Counsel David Barrett, to be released today [Thursday], was severely censored by court order but not enough to sufficiently obscure its importance. As long forecast, it alleges serious corruption in the Clinton administration's Justice Department and Internal Revenue Service (IRS). The question is what was contained in 120 pages removed by the judges.

These allegations explain why Barrett finally has closed down after 10 years the last prosecution under the lapsed independent counsel statute. Its target, Henry Cisneros, long ago resigned as secretary of Housing and Urban Development in a plea bargain after admitting he lied to FBI interrogators to gain Senate confirmation. What kept Barrett in business was what he and his prosecutors contend is a Clinton administration cover-up of income tax evasion charges against Cisneros.

Not only Barrett's stubbornness but also a tip from an IRS whistle-blower in San Antonio, Texas, meant the case did not end with Cisneros's personal disgrace. But for now, the cover-up has succeeded. No tax prosecution was brought against Cisneros, and IRS conduct has not been questioned. Friends describe Barrett, a Republican lawyer from Washington, as feeling at age 68 that he has failed fully to uncover the scandal and that it is now up to Congress to get out the truth.

This probably would have been just another undiscovered scandal had the whistle not been blown by John J. Filan, chief of the IRS's Criminal Investigation Division in the South Texas District. In a March 31, 1997, memo, Filan expressed outrage that the IRS chief counsel's office in Washington on Jan. 15 had pulled a tax evasion case out of San Antonio because it required "centralized review." Told to "box up" his evidence and send it to Washington, Filan wrote: "I am not aware of any other criminal tax cases that have been pulled from experienced District Counsel attorneys."

...According to people with access to Barrett's draft, it goes into intense detail about this obstruction and on the unprecedented seizure of the Cisneros tax case by the IRS in Washington. That much in the 400-page report has survived the three senior federal appellate judges with supervising authority over the independent counsel.

Nevertheless, the question remains what three judges -- David Sentelle (D.C.), Thomas Reavley (Texas) and Peter Fay (Florida) -- blacked out in 120 pages worth of redactions. Even after the report is released, Barrett and his lawyers would face judicial sanctions if they disclosed anything that was redacted.

...However, the judges have established an exception, or rather 535 exceptions, to the rule that nobody can see what has been redacted. Any member of Congress can read it merely by asking. Any such lawmaker, who believes American taxpayers should see the product of $23 million in expenditures, presumably could then publish the material without fear of legal sanction.
This is beyond huge -- why the hell haven't we seen this report yet? Apparently, it's easier to get information out about an NSA wiretapping operation than it is about an agreement that every member of Congress has access to. Oh, wait... the left-wing dishrag has a copy of the report. Of course, their article focuses on the long-running nature of the investigation, the cost, the partisan sniping about it... and several paragraphs in, there's this rich statement...

A copy of the report was obtained by The New York Times from someone sympathetic to the Barrett investigation who wanted his criticism of the Clinton administration to be known.
Read that line again. As Powerline notes, the Times has decided that when they like the story being leaked, the leaker is a "whistleblower." When they don't like it, the person simply is someone with an axe to grind.

The MSM, at it once again. Maybe Dan Rather can do a report on this. He has nothing to do.

Who Wrote That?

Loyal reader RB asks an important question regarding Roy Blunt's editorial at the Wall Street Journal touting his candidacy for House Majority Leader -- who wrote the sub-headline "Our Record of Accomplishment Speaks for Itself?" This is like John Kerry running on his record, rather than Vietnam.

Seriously, it's good that all three candidates have made their case publicly, as noted by Instapundit. It's clear the right-wing blogs are having an effect on the race, and it's a good one.

So True, It's Scary

The Lord of Truth sends us this link to some absolutely hysterical fake ads. My favorite, most apropos one is the classic: "When Selecting The Perfect Diamond Engagement Ring For Her, Choose Carefully... It's the Last Decision You'll Ever Make."

Wednesday, January 18, 2006

The Simpsons Quote of the Week

It's time to bring back an old favorite.... and now weekly feature...

Homer has some money problems, and visits the bank looking for some relief on his mortgage payments...

Homer: "Er, I need another extension on my mortgage payments."

Bank Manager: "I understand that Mr. Simpson, but according to our computer, your credit history is not good. It says here that you've been predeclined for every major credit card. It also says that you once grabbed a dog by the hind legs and pushed him around like a vacuum cleaner."

Homer: (shocked) "That was in the third grade!"

Bank Manager: "Yes, well, it all goes on your permanent record. I'm sorry, but if you don't come up with that money by tomorrow, the bank is going to take your house."

Homer: "Well, good luck finding it, because I'm going to take the numbers off tonight!"

Bank Manager: "Well, we'll look for the house with no numbers."

Homer: (thinking) "Then I'll take off the numbers on my neighbor's house."

Bank Manager: (pause) "So... we'll look for the house next to the house with no numbers."

Homer: (pause) "All right, you'll get your money."

Maybe He's Just Desperate For A D.C. Mailing Address

Tom Daschle considers bid for President... President of what? No, seriously...

Former South Dakota Sen. Tom Daschle is weighing the possibility of running for the Democratic presidential nomination in 2008.

"I have received a lot of encouragement," Daschle said in an email today to the Argus Leader.

...Larry Sabato, a political expert at the University of Virginia, said Daschle was not in his latest rankings of likely Democratic candidates because he wasn't convinced Daschle would run.

"I wouldn’t call him the favorite, or even second or third. But it’s early," Sabato said.
That last quote is hysterical -- I'm wondering if Sabato avoided saying "or fourth or fifth or sixth" out of pity. Meanwhile, I'm wondering who is encouraging Daschle. Here are some suspects:

1. Republicans.
2. John Kerry, so there's no way he can finish last in the Democrat primaries.
3. Hillary Clinton, so she can point out one more Democrat that she's better than.
4. Al Sharpton, since he can argue that he's not the only who doesn't hold elected office and is running.
5. Dick Gephardt, so he can claim that he looked better than Daschle did as a Presidential candidate.

Some Deep Thoughts on Iran

Iran continues to rear its ugly head (in the form of their President) and the UN is finally poised to take notice. I suppose there is hope in the world if we can make the Iranians back down using diplomacy, but there's a serious question here as to whether any of our options will be helpful. Essentially, we're counting down to a situation where we end up with sanctions, which never seem to be all that effective in driving anyone from power, or airstrikes, which may not be the wisest course of action given our current military commitments.

Of course, none of this proves that it was incorrect to invade Iraq and deal with that problem, which seems to be one of the rallying cries from the peacenik left and the isolationist right. Vodkapundit has a terrific essay where he calls out the other side of this argument...

There are certain people who would tell you that we should never have invaded Iraq, because now we have too many troops tied up there, keeping us from dealing with Iran. That's a bullshit argument, and it's about time somebody called them on it.

If Iran were really the peaceniks' first concern, why weren't they calling for us to invade that country in 1979? Or in 1982? Or when Iran first got serious about getting nukes ten years ago? The fact is, if we'd have invaded Iran three years ago, they'd be bitching about how we were too tied up there to deal with Iraq.

Another fact is, those idiots can't read a map. Look at where Tehran is, in relation to Kuwait (our major Persian Gulf supply area, pre-Operation Iraqi Freedom) and the Persian Gulf itself. What do you see? Oh, yeah – it's a long, long way from here to there. A long way to the north, across mountains and rivers which run mostly east and west. In other words, invading Iran from the Persian Gulf is a real sumbitch. Look again, and you'll notice that Tehran is much closer to US-friendly Iraqi Kurdistan. You'll also see more-favorable terrain.

One more thing. Congressman John Murtha can kiss my ass. If he thinks we're suffering in Iraq, imagine trying to pacify Iran – a country five times as large with triple the population.

Not that I'm advocating that we invade Iran – from our Iraqi bases or anywhere else. What I'm about to say might sound paradoxical, but bear with me. Iraq in 2003 was far less ready for democracy than Iran in most any year. In my mind, that made Iraq a better candidate for democratization. Nearly three years ago, when Iran seemed ripe for revolution, I wrote that

The most important thing is what we don't do. Don't send letters to President Bush, telling him to point Third Infantry Division east towards Tehran. First off, we more than have our hands full already in Iraq and elsewhere. But more importantly, let's not try to turn their revolution into our occupation. Iranians are a proud people, and rightly so; this is their country, their fight, and their future to win.
The Iraqi people had no such possibility; they required some outside power to lend them one. And our own security required that we give someone, somewhere in the Middle East just such a chance. The Iranians, I think, can still make their own chances.
We'll get to that last point in a second, but the first one bears repeating. I believe that what we did in Iraq was and is worthwhile, and it was the right thing to do. I know plenty of people disagree, for any number of reasons. But arguing that it was wrong simply because it leaves in a position where we're unable to deal with Iran with as much force is a blind argument that ignores morality and reality. Essentially, the argument seems to be that because we think another threat is on the horizon that may be greater, we can't deal with the one that's right in front of us. That makes little sense in the context of national security, and it inidcates a weakness to deal with the reailty of the threat. A fair criticism can be made that Americans should be asked for a greater degree of sacrifice, such that we can deal with all of the threats. It's absurd to claim that we shouldn't deal with them.

Now, as to the last point made in the essay, this is likely the hope that we have that we don't end up with sanctions or military action -- we have to hope that the Iranian people throw off the shackles of the ruling mullahs and their hate-filled leader before said leaders move much closer to obtaining nuclear weapons. Otherwise, we're back to the table with a choice between sanctions or airstrikes.

Of course, plenty of people think President Bush will go to war simply for the electoral points. This seems to be a popular point of view among the nutty left. As for the less-nutty left, they're convinced that the Bush Administration isn't competent enough to handle Iran.

I think we had an election on this issue in 2004, and the best option the left offered was John Kerry. I'm not sure why they think Kerry's team would be better -- other than a fundamental mistrust of the Administration, but that's not a logical basis for claiming that Kerry's team would come up with a different solution. Point in fact, one can reasonably argue that the Bush team is following a Kerry-like strategy for dealing with Iran. Dan Drezner elaborates...

Josh Marshall -- with strong endorsements from Brad DeLong and Matthew Yglesias -- believes the Bush administration is too incompetent to handle Iran...

Now, I certainly have had my doubts about this administration's foreign policy competence in the past few years. Gven the administration's policy to date on Iran, however, this line of argument strikes me as pretty much bulls**t.

Consider what the U.S. has done vis-à-vis Iran:

1) Deferred to the EU-3 on negotiations towards Iran;

2) Backing away from having the IAEA refer Iran's noncompliance to the UN Security Council unless and until there was overwhelming international support from key members in that organization for the move;

3) Sharing their intelligence about Iran's nuclear ambitions with all the relevant governments;

4)
Endorsing a Russian compromise proposal that would have allowed Iran to continue a nuclear energy program;

5)
Securing the support of China and Russia in ratcheting up the rhetoric towards Iran.

The approach the Bush administration has pursued towards Iran -- multilateralism, private and public diplomacy, occasionally deferring to allies -- is besotted with the very tropes that liberals like to see in their American foreign policy.
I'm still not sure what the end game will be with regard to Iran, but to date I can't see how a Kerry administration would have played its cards any differently than the Bush team.
I try not take a committed leftie like Marshall too seriously, but Drezner is someone who hews to a far more independent line. And he's essentially right, except that I would say that I think John Bolton is probably far more aggressive in urging Security Council action than many Democrats would likely be. But even there, we're working within the auspices of the U.N. to urge action. There's not very much difference, and if someone is against the public pressure being ratcheted up against Iran's leaders, they'd need to explain why they think this a bad idea. As Drezner notes, Brad Plumer offers one such altermanive in the form of engagement with direct discussions with Iran and the offer of economic and security guarantees. It's a suggestion worthy of serious discussion, but I think we tried that once upon a time with North Korea, and that hasn't worked out all that well. Simply delaying the problem may work this time, since it's always possible that the mullahs may fall, and that was more than unlikely for Kim Jong-Il ("Do you have any idea how f***ing busy I am, Hans Brix?").

Meanwhile, one thing to note. All of the less-nutty liberal commentators (save Plumer) listed above seem to follow one universal track: let's not worry about this from any angle save the political one. Brad Delong's headline to this post says enough, but check out Atrios' viewpoint on this. Essentially, they're not worried about the Iranian threat to the United States, but they are worried about the threat that a perceived Iranian threat creates to Democratic chances come October.

They may ascribe this to a distrust of President Bush handling any issue, but that's idiotic beyond reason. Claiming that President Bush screwed up is fine -- but offering an effective and reasonable alternative is a genuine responsibility for those who would rather see someone else in power, and especially on issues impacting national security. Unfortunately, many liberal Democrats don't see national security as an important issue, only a political one. This may be why many Americans distrust Democrats on the issue of national security, and why they lose elections when it's an issue.

Tuesday, January 17, 2006

Thank You For Weighing In, Mayor Nagin

Instapundit is right -- the first time I saw this quote from Ray Nagin, I thought of Pat Robertson...

Mayor Ray Nagin suggested Monday that Hurricanes Katrina and Rita and other storms were a sign that "God is mad at America" and at black communities, too, for tearing themselves apart with violence and political infighting.

"Surely God is mad at America. He sent us hurricane after hurricane after hurricane, and it's destroyed and put stress on this country," Nagin, who is black, said as he and other city leaders marked Martin Luther King Day.

"Surely he doesn't approve of us being in Iraq under false pretenses. But surely he is upset at black America also. We're not taking care of ourselves."

Nagin also promised that New Orleans will be a "chocolate" city again. Many of the city's black neighborhoods were heavily damaged by Katrina.

"It's time for us to come together. It's time for us to rebuild New Orleans _ the one that should be a chocolate New Orleans," the mayor said. "This city will be a majority African American city. It's the way God wants it to be. You can't have New Orleans no other way. It wouldn't be New Orleans."

Nagin described an imaginary conversation with King, the late civil rights leader.

"I said, `What is it going to take for us to move on and live your dream and make it a reality?' He said, `I don't think that we need to pay attention any more as much about other folks and racists on the other side.' He said, `The thing we need to focus on as a community - black folks I'm talking about - is ourselves.'"

Nagin said he also asked: "Why is black-on-black crime such an issue? Why do our young men hate each other so much that they look their brother in the face and they will take a gun and kill him in cold blood?"

The reply, Nagin said, was: "We as a people need to fix ourselves first."
There's a mixture of smart stuff and crap in these statements, but it's mostly crap. The shame is that most people will focus on the idiotic comments about God intending New Orleans to be African-American and punishing America for goign to war in Iraq by sending us hurricanes. Nagin and the rest of Louisiana's leadership has been shameful in the aftermath of Katrina, particularly in their inflated demands for money, and this just serves to squander more goodwill. As for making the town "chocolate" again, unless he's trying to get Hershey Foods to move there, that's the sort of statement that can be construed as hideously racist. Imagine if a white mayor said he wanted to make his town "vanilla" again, as God intended.

I don't disagree with Nagin on the point that African-Americans need to work together to stop problems in their neighborhoods; when he notes the issue of black-on-black violence, he's absolutely right that there is more that can be done within the community to stop these problems. Too bad Nagin didn't expound on this issue -- perhaps he might have talked about improving educational choice and continuing to reduce the number of out-of-wedlock births. He's wrong in saying that Dr. King would tell people not to engage with the other side, but that may just be my interpretation -- I'd expect King to reach out to those on the other side, and urging all Americans, of all colors, to work together and improve their communities.

Finally, if God is mad at America, he must be really ticked off at France. Not that I blame him.

Monday, January 16, 2006

Goring Al

Time for a true confession -- back in 1988, I thought Al Gore was the best Democratic candidate for President, and one whom I could conceiveably support for President.

Hey, I was 14. We all do stupid things when we're young and foolish.

Of course, Al somehow lost the 2000 Presidential election, grew a beard and lost his marbles. Apparently, whatever he had was catching -- soon after he endorsed Howard Dean, Dean lost his shot at the Presidency (on the plus side, we don't think Dean has ever grown a beard, and we're pretty sure he waved bye-bye to his marbles long before Gore showed up). But Al's spent most of his last five years making Ted Kennedy look like a political moderate.

Today, Gore (now with a disturbing resemblence to actor Jeffrey Jones) decided to go after President Bush for authorizing the NSA electonic surveillance program...
Yet, just one month ago, Americans awoke to the shocking news that in spite of this long settled law, the Executive Branch has been secretly spying on large numbers of Americans for the last four years and eavesdropping on "large volumes of telephone calls, e-mail messages, and other Internet traffic inside the United States." The New York Times reported that the President decided to launch this massive eavesdropping program "without search warrants or any new laws that would permit such domestic intelligence collection."

During the period when this eavesdropping was still secret, the President went out of his way to reassure the American people on more than one occasion that, of course, judicial permission is required for any government spying on American citizens and that, of course, these constitutional safeguards were still in place.

But surprisingly, the President's soothing statements turned out to be false. Moreover, as soon as this massive domestic spying program was uncovered by the press, the President not only confirmed that the story was true, but also declared that he has no intention of bringing these wholesale invasions of privacy to an end.

At present, we still have much to learn about the NSA's domestic surveillance. What we do know about this pervasive wiretapping virtually compels the conclusion that the President of the United States has been breaking the law repeatedly and persistently.
I'd tear him apart, but Gateway Pundit does the job for me. As he notes, the Clinton Adminstration (Gore's former place of employment) thought warrantless searches were just peachy keen. I'd say more, but this may be the best summary of the entire issue...
Vanderbilt Law School Dropout Albert A. Gore Jr., accused President Bush of breaking the law when, in the wake of the terrorist attacks on September 11, 2001, the president authorized wiretapping on international phone calls of terrorist suspects.

Before making another wild accusation against the man who defeated him in the 2000 presidential election, Gore should perhaps have consulted individuals who, unlike him, actually graduated from law school and studied the laws in question. Over at Powerline, one such attorney, John Hinderaker, analyzed the president’s program and surveyed the applicable law and found “under the Constitution and all controlling precedents, the NSA intercept program is legal.” In his update to that post, he provides a link to the Justice Department rationale upon which President Bush relied. (Unlike Mr. Gore, those who wrote that opinion graduated from law school.)

And it’s not just a conservative attorney like Mr. Hinderaker who has found the president’s program to be legal. As we have reported before, John Schmidt, associate attorney general in the Clinton Administration, in which Mr. Gore also served (but in a different capacity) found that the president had the legal authority to OK the wiretaps. Another left-of-center attorney to sign off on the president’s plan was Cass Sunstein, one of the nation’s most respected constitutional scholars.
(hat tip: Instapundit) As I have noted, there are legitimate questions about the NSA program that need to be discussed. Unfortunately, most Democrats only seem capable of raising this issue in a hypocritical attempt to garner political gain. Perhaps they should learn a lesson and not follow Gore off the cliff this time.

The Appeal

I've been meaning to link to this for days -- NZ Bear and Company with their effort on behalf of the center-right blogosphere to express support for John Shadegg for House Majority Leader and push reform from within the GOP.

It's time to clean the temple from within -- America can't afford today's Democrats running Congress.

Nerd Games

Radioblogger's dead right about the kid who solved the Rubiks Cube in 11 seconds. His note says it all...

In San Francisco, a 20 year old Cal Tech student, go figure, set a new world record for solving the cube. Was it under a minute? Under 30 seconds? Under 15 seconds? Nope. Faster. This extra-terrestrial that is clearly here visiting from the planet Kucinich solved it in 11.13 seconds. It sometimes takes me 11 seconds to sneeze. It certainly takes me over 11 seconds to perform almost any bodily function.

It's impressive that Roger Bannister broke the four minute mile. It's cool that Roger Maris broke the single season home run record at 61. I got goose bumps when Mark McGwire, juiced or not, broke it again in '98, hitting 70. I even got a kick out of Bonds, very probably juiced, hitting 73 a couple of years ago. I like people breaking records. That's why you have records. But a sub-12 second Rubik cube isn't a record. It's sadly a medical condition for which there is no cure.

Leyan Lo gets his name in the record books for now. And someday, he'll pay any amount of money for people to not bring it up. My buddy Frank Pastore, mediocre Cincinatti Reds pitcher extraordinaire, made eating a side of beef in Texas in four minutes, or something like that, into a record he was proud of for about a month or so, until he realized that that burning sensation in his chest wasn't heartburn, it was a steer-flavored albatross hanging around his neck. When pressed about it, he'll admit he did it in his young and not so smart days, but you're not going to see the cow eating trophy when you enter the Pastore house.

I'm afraid Mr. Lo is going to suffer a similar fate. It's going to be fun for a while, but someday, he's going to regret this point in his life. If Samuel Alito, say, had belonged to a Rubik's Cube solving club at Princeton, there'd already be a filibuster, and it would be hard for conservatives to defend breaking it.
As someone who's eaten a 48 oz. steak in under nine minutes, I feel well-qualified to note that some records are not worth it.

2007 -- The Next Great War?

Niall Ferguson has a chilling article in the Telegraph, where he forecasts our next great war (hat tip: Andrew Sullivan). The obvious culprit is Iran and President Mahmoud Ahmadinejad. Ferguson's pretty clear that there are historical similarities to WWII and an unwillingess on the part of those with power to stand up to aggression. A nuclear Iran squaring off with Isreal should terrify us all. Too bad we don't seem prepared to confront it.

Yawn

Walter Cronkite says we should leave Iraq. I say that we already listened to Cronkite enough on war and foreign policy.

That, and I don't care. And neither does America. Keep enjoying retirement, Walter.

Sunday, January 15, 2006

More Big Government

It's funny. I have plenty of close friends who love to tell me how they're libertarians at heart.

Yet most of them are more than willing to watch cities and municipalities pass silly bans on smoking. Of course, the argument seems steeped in the idea that poor people working in bars shouldn't be killed by all the second-hand smoke they encounter at work. Of course, this form of oppressive government regulation has a health benefit for these non-smokers, so they think that's pretty good. And because they tend to think that this government regulation will increase business by bringing non-smokers out to restaurants and bars in droves, those who believe in the free market are willing to think that maybe the free market wasn't working here on its own.

Of course, I'm going over the top here. Look, I suffer from asthma, and I appreciate being able to avoid smoke-clogged venues as much as anybody. I just don't like government mandating it to businesses whose clientele can make that choice themselves. As for the employees, allowing them to wear a mask (or mandating such use) seems to be a reasonable alternative to barring people from doing something perfectly legal. I also get tired of government serving as a nanny -- it does a bad enough job in other areas.

And there's always the slippery slope problem. What slippery slope? Check out NYC Mayor Michael Bloomberg's latest effort at saving all of us from ourselves...

When Mayor Michael Bloomberg sat down to lunch with children during a school visit a few years ago, he was disgusted by the soggy, greasy fries and other junk on their plates.

He pushed for a revamp of school menus and by the start of the next school year, fat-laden meals were being replaced by healthier versions. That same year, 2003, the city began handing out free nicotine patches and Bloomberg won his crusade to outlaw smoking in bars and restaurants.

Now the city is going after high-calorie foods in bodegas, restaurants and company cafeterias.

Experts say Bloomberg -- a bit of a health nut himself -- has targeted unhealthy lifestyles unlike any other administration before him.

''It's more aggressive than we've ever seen in the past,'' said Dr. Allan Rosenfield, dean of Columbia University's Mailman School of Public Health. ''There's a willingness to take on unpopular but important issues.''

More than 53 percent of New Yorkers are overweight or obese -- lower than the ballooning national 65 percent, but far too high, according to Bloomberg and his health commissioner, Dr. Thomas Frieden. Being overweight raises the risk of diabetes, high blood pressure, cancer and heart disease, which is New York City's worst killer.

Last summer, the health department launched a campaign against trans-fats. Often used by restaurants and in packaged foods, trans-fats are thought to cause cholesterol problems and increase the risk of heart disease.

After restaurant inspectors found that 30 percent of the city's 30,000 eateries were using oils that contain trans-fats, the department began urging a citywide ''oil change.'' Officials sent letters to food service operators and started teaching workers about trans-fats along with their required food safety training.

The city plans another survey this spring to measure the results of the project.

Officials next want to tackle portion sizes.

Towering pastrami sandwiches, bagels with gooey schmears of cream cheese and pizza slices that spill over paper plates may be the city's culinary landmarks, but the health department says the Big Apple is out of control.

''Today probably the biggest hazards from what you eat are not food poisoning but the caloric load,'' said Dr. Lynn Silver, an assistant health commissioner. So health officials are trying to teach restaurants how to make healthier meals.
Now, I suppose no one should care about mere advice from government. But is it really government's role? If you are an advocate of small government, you probably should be offended. So where are all the Libertarians?

I'm waiting. And yes, I am trying to annoy people. But Bloomberg's annoying me, so why not?

This Is For All The Blondes Out There

This is, without a doubt, the greatest blonde joke in the history of blonde jokes. Enjoy.

The Useless Nations

Powerline notes that there's one more reason the U.N. stinks to high heaven. At least John Bolton is available to call them on their continued efforts to treat Isreal as a pariah...

The American ambassador to the United Nations, John Bolton, upped the ante in an escalating confrontation between America and Turtle Bay on the issue of Israel's place at the world body. In a sharply worded letter to Secretary-General Annan, Mr. Bolton threatened to cut funding to the United Nations if it continues to promote anti-Israel events.

Mr. Bolton's January 3 letter, which was seen yesterday by The New York Sun, is a response to a November 29 event celebrating an annual "International Day of Solidarity With the Palestinian People." At the event, which was attended by Mr. Annan and other top diplomats, a map that "erases the state of Israel," as Mr. Bolton wrote, was displayed.

"Given that we now have a world leader pursuing nuclear weapons who is calling for the state of Israel to be wiped off the map, the issue has even greater salience," Mr. Bolton wrote.

A photo of Mr. Annan standing below the map - several days after President Ahmadinejad of Iran made his statement - was carried last month on the Web site eyeontheun.org, creating a storm of criticism. The site also highlighted the seven-figure budget of U.N. bodies dedicated to promoting what Israel and America consider one-sided, anti-Israel propaganda in the guise of solidarity with Palestinian Arabs.

A U.N. spokesman, Stephane Dujarric, told the Sun yesterday that Mr. Annan was "grateful" to Mr. Bolton and others who have alerted him to the map, and that he "much hopes" that the U.N. body that organized the annual event will "consider not displaying the map in the future." Mr. Dujarric stopped short of saying that Mr. Annan would cancel his participation in future events that display such maps.
"Much hopes?" Once again, the U.N. has absolutely no backbone. Of course, no one should be surprised.

The UN is worse than useless -- they're an enemy to freedom and justice. The world may be better off with scrapping the UN and starting over. At the very least, we would be better off withholding those funds.

The Post Says Confirm Him... Did I Read That Right?

You know, I'm always willing to bash the Washington Post when they screw up. But while their editorial page clearly tilts left (and so does their news coverage), the Post, unlike the dishrag, represent the voice of the moderate left in this country. Here's some key excerpts from their editorial in favor of confirming Justice Alito...

THE SENATE'S decision concerning the confirmation of Samuel A. Alito Jr. is harder than the case last year of now-Chief Justice John G. Roberts Jr. Judge Alito's record raises concerns across a range of areas. His replacement of Justice Sandra Day O'Connor could alter -- for the worse, from our point of view -- the Supreme Court's delicate balance in important areas of constitutional law. He would not have been our pick for the high court. Yet Judge Alito should be confirmed, both because of his positive qualities as an appellate judge and because of the dangerous precedent his rejection would set.

...A Supreme Court nomination isn't a forum to refight a presidential election. The president's choice is due deference -- the same deference that Democratic senators would expect a Republican Senate to accord the well-qualified nominee of a Democratic president.

And Judge Alito is superbly qualified. His record on the bench is that of a thoughtful conservative, not a raging ideologue. He pays careful attention to the record and doesn't reach for the political outcomes he desires. His colleagues of all stripes speak highly of him. His integrity, notwithstanding efforts to smear him, remains unimpeached.

...However one reasonably defines the "mainstream" of contemporary jurisprudence, Judge Alito's work lies within it. While we harbor some anxiety about the direction he may push the court, we would be more alarmed at the long-term implications of denying him a seat. No president should be denied the prerogative of putting a person as qualified as Judge Alito on the Supreme Court.
Somewhere, Ted Kennedy and Charles Schumer are weeping. That means it's a great day for America.

Lessons in Democracy

I've never had this much fun reading something in the dishrag...

Disheartened by the administration's success with the Supreme Court nomination of Judge Samuel A. Alito Jr., Democratic leaders say that President Bush is putting an enduring conservative ideological imprint on the nation's judiciary, and that they see little hope of holding off the tide without winning back control of the Senate or the White House.

In interviews, Democrats said the lesson of the Alito hearings was that this White House could put on the bench almost any qualified candidate, even one whom Democrats consider to be ideologically out of step with the country.
Oh, the horrors of a well-qualified Supreme Court justice. Somebody needs to stop this, now! Next, we'll be looking for judges who follow the law! Seriously, let's continue...
That conclusion amounts to a repudiation of a central part of a strategy Senate Democrats settled on years ago in a private retreat where they discussed how to fight a Bush White House effort to recast the judiciary: to argue against otherwise qualified candidates by saying they would take the courts too far to the right.

Even though Democrats thought from the beginning that they had little hope of defeating the nomination, they were dismayed that a nominee with such clear conservative views - in particular a written record of opposition to abortion rights - appeared to be stirring little opposition.

Republicans say that Mr. Bush, in making conservative judicial choices, has been doing precisely what he said he would do in both of his presidential campaigns. Indeed, they say, his re-election, and the election of a Republican Congress, meant that the choices reflected the views of much of the American public.
So the Democrats pursued a strategy that said, "Even though the President was very clear about the types of judges that he would nominate, and people voted for him on that basis, and he was elected... we think the American people are wrong. We're certain, and by denying them what they want, this should help us win elections."

You know, I'm shocked such a strategy wasn't effective. But let's keep reading...
...Now, several Democrats said, even at a time when many of his other initiatives seem in doubt, and though he was forced by conservatives to withdraw his first choice for the seat, Mr. Bush appears on the verge of achieving what he had set as a primary goal of his presidency: a fundamental reshaping of the federal judiciary along more conservative lines.

Mr. Bush has now appointed one-quarter of the federal appeals court judges, and, assuming that Judge Alito is confirmed - the Judiciary Committee vote is expected to occur in the next 10 days - will have put two self-described conservatives on a Supreme Court that has only two members appointed by a Democratic president.

"They have made a lot of progress," said Ronald A. Klain, a former Democratic chief counsel for the Judiciary Committee and the White House counsel in charge of judicial nominations for President Bill Clinton. "I hate to say they're done because Lord only knows what's next. They have achieved a large part of their objective."

Asked if he had any hope that Democrats could slow President Bush's effort to push the court to the right, Mr. Klain responded: "No. The only thing that will fix this is a Democratic president and more vacancies. It takes a long time to make these kinds of changes and it's going to take a long time to undo them."

Senator Charles E. Schumer, a New York Democrat and a member of the Judiciary Committee, said it was now hard to imagine a legislative strategy that could slow Mr. Bush's judicial campaign, assuming vacancies continue to emerge, at least through the end of this year.

"You either need a Democratic president, a Democratic Senate or moderate Republicans who will break ranks when it's a conservative nominee," Mr. Schumer said. "We don't have any of those three. The only tool we have is the filibuster, which is a very difficult tool to use, and with only 45 Democrats, it's harder than it was last term."
See, I think Chuckles just hit on an important point -- to effect public policy, you need to win elections. Now they know -- and knowing is half the battle. If they figure out the rest... well, let's get back to the article...
...Several Democrats expressed frustration over what they saw as the Republicans outmaneuvering them by drawing attention to an episode Wednesday when Judge Alito's wife, Martha-Ann, began crying as her husband was being questioned. That evening, senior Democratic senate aides convened at the Dirksen Senate Office Building, stunned at the realization that the pictures of a weeping Mrs. Alito were being broadcast across the nation - as opposed to, for example, images of Senator Edward M. Kennedy, Democrat of Massachusetts, pressing Judge Alito about his membership in an alumni club that resisted affirmative action efforts.

"Had she not cried, we would have won that day," said one Senate strategist involved in the hearings, who did not want to be quoted by name discussing the Democrats' problems. "It got front-page attention. It was on every local news show."

Beyond that, Democrats said Judge Alito had turned out to be a more skillful witness than they had expected. They said Democrats on the Judiciary Committee had been outflanked in their efforts to pin down Judge Alito on any issues, and that some of the questioners - notably Senator Joseph R. Biden Jr., Democrat of Delaware - devoted more time to talking than to pressing the nominee for answers.

The developments were particularly frustrating, Democrats said, because Mr. Bush has never made a secret of what he wanted to do with the judiciary, and Democrats had devoted much energy to trying to stop it.
They would have "won" the day? What hearings were they watching? Seriously, maybe I missed something, but I didn't see any of the Democrats score a point against Judge Alito. Maybe that's because most of them spent the alotted time preening for the camera and talking at the nominee, rather than trying to get the nominee to speak. With rare exceptions like Herb Kohl, these guys did more to damage themselves than damage Justice Alito. But, hey, let's keep going...
...The Democratic push began in earnest on the last weekend of April 2001, when 42 of the 50 Democratic senators attended a retreat in Farmington, Pa., to hear from experts and discuss ways they could fight a Bush effort to remake the judiciary.

"There were very few principles on which we could all agree," said Mr. Daschle, who was Senate minority leader at the time of the meeting. "But one was that we anticipated that the administration would test the envelope. They were going to go as far as the envelope would allow in appointing conservative judges."

At the retreat, Democrats listened to a panel composed of Laurence H. Tribe of Harvard Law School, Cass R. Sunstein of the University of Chicago Law School and Marcia D. Greenberger, the co-president of the National Women's Law Center. The panelists told them that the court was at a historic juncture and that the Bush White House was prepared to fill the courts with conservatives who deserved particularly strong scrutiny, participants said.

...Members of the committee, while defending their performance, said they had been hampered because many of the issues they needed to deal with - like theories of executive power - were arcane and did not lend themselves to building a public case against Judge Alito.

Mr. Kennedy said that the nomination process, and particularly the hearings, had "turned into a political campaign," and that the White House had proved increasingly skilled in turning that to its advantage.

"These issues are so sophisticated - half the Senate didn't know what the unitary presidency was, let alone the people of Boston," he said, referring to one of the legal theories that was a focus of the hearings. "I'm sure we could have done better."

"But what has happened is that this has turned into a political campaign," he said. "The whole process has become so politicized that I think the American people walk away more confused about the way these people stand."
Ted Kennedy is complaining about Judiciary Committee hearings being politicized. Somewhere, I'm sure Robert Bork is laughing maniacally. Talk about being hoist on your own petard. I also loev the fact that apparently, the American people aren't smart enough to follow the hearing closely enough to understand all of the crucial issues at stake -- that's why we all need to listen to Uncle Teddy and his ilk.

I wonder if that line works for Kennedy with chicks.

Anyway, let's keep moving...
Democratic aides said there had been even less strategy than usual in trying to coordinate the questioning by the eight Democratic senators. The situation was complicated because senators and staff were out of Washington before the hearing.
Yeah, because the nomination was back in October, and God forbid anyone interfere with trips to Vail. Is it that hard for these guys to do a little work over the holidays? Let's finish up...
But while there was some self-criticism among Democrats, the main concern coming out of the hearings was that the nation had reached a turning point in the ideological composition of its judicial system.

By the end of last year, about 60 percent of the 165 judges on the federal appeals courts were appointed by Republican presidents, with 40 percent from Democratic presidents. Of the 13 circuit courts of appeal, 9 have majorities of judges named by Republicans presidents.

...Indeed, many Democrats said that what took place with both the Roberts and Alito nominations simply underlined what Senator John Kerry, the Massachusetts Democratic who ran for president in 2004, said would happen to the court if Mr. Bush was returned to the White House.

"George Bush won the election," said Representative Rahm Emanuel, an Illinois Democrat. "If you don't like it, you better win elections."
Well, we're glad someone has explained democracy to the Democrats and the New York Times. Next week, they might want to consider trying to figure out good policy proposals that might get them elected.