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July, 2005 Archives


Frist Finds His Backbone

The New York Times reports that Senate Majority Leader Bill Frist has actually found his backbone. Apparently, he's finally gotten tired of being called into Dick Cheney's office and told to be a good little errand boy. The scientist has won out over the overeager pleaser. Today, he announced that he is breaking with President Bush and is supporting relaxing restriction for federal funding for stem cell research.
Mr. Frist, a heart-lung transplant surgeon who said last month that he did not back expanding financing "at this juncture," announced his decision this morning in a lengthy Senate speech. He said that while he had reservations about altering Mr. Bush's four-year-old policy, which placed strict limits on taxpayer financing for the work, he supports the bill nonetheless.

"While human embryonic stem cell research is still at a very early stage, the limitations put in place in 2001 will, over time, slow our ability to bring potential new treatments for certain diseases," Mr. Frist said. "Therefore, I believe the president's policy should be modified." His speech received the approval of Democrats as well as Republicans.

"I admire the majority leader for doing this," Senator Harry Reid, the minority leader and Democrat of Nevada, said immediately after the speech. He and Senator Dick Durbin, Democrat of Illinois, said Mr. Frist's stance would give hope to people everywhere. Senator Arlen Specter, Republican of Pennsylvania, contending they were discussing "the difference between life and death," said of Mr. Frist, "I believe the speech that he has just made on the Senate floor is the most important speech made this year, and perhaps the most important speech made in years."

He added: "This is a speech that will reverberate around the world, including at the White House."
Of course, this probably means that Frist wants to run for president in 2008. He can't have been happy about all the humliating press he received after his disgraceful conduct in the Terry Schiavo matter, when he remotely (incorrectly, as it turned out) diagnosed Terry Schiavo's condition after watching a 20-minute videotape. Frist is a surgeon, so that means he's smart. And if he's been reading the poll numbers, he knows the American people aren't going to elect someone who is opposed to stem cell research. Either that, or Nancy Reagan promised to campaign for him if he'd do this. Never underestimate Nancy Reagan.

Posted on July 29, 2005
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Bush and the Finger of Hostility

So, did President Bush shoot the finger at the Press, or not? Jay Leno aired a tape on the Tonight Show where it looks like an irritated president Bush shoots the finger at the press as he walks away. The press was determined to get to the bottom of the matter, and closely questioned Scotty about the incident. But Scotty, already much hardened by the beating he's taking over Rove's role in Plamegate, wasn't backing down on Fingergate.
Ken, go ahead.

Q Scott, last night on the Tonight Show, Jay Leno, who apparently is subbing for Johnnie, displayed a video of the President at the Capitol yesterday. In that video, the President walking away from the press lifts his hand and raises a finger. Mr. Leno interpreted it as, shall we say, a finger of hostility. Each of our fingers has a special purpose and meaning in life. (Laughter.) Can you tell us what finger it was he held up?

MR. McCLELLAN: Ken, I'm not even going to dignify that with much of a response. But if someone is misportraying something, that's unfortunate.

Q Well, it was not a finger of hostility?

MR. McCLELLAN: Ken, I was there with him, and I'm just not going to -- I'm not going to dignify that with a response. I mean, I haven't seen the video that you're talking about, but I know the way the President acts. And if someone is misportraying it, that's unfortunate.
Notice that Scotty never denies that the president shot the finger at the press, which would have been the logical thing to do. He just says he won't answer the question, that he knows the president (who we now know really loves his dirty jokes) and that if someone misportrayed it, that's unfortunate.

Translation: So, he did shoot the finger at the press. But don't misportray it at as a "Finger of Hostility." Clearly, only a Freedom Hater would call it anything other than a "Finger of Affection for the Free Press."

Posted on July 28, 2005
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From Refugees to Terrorists

The New York Times describes the path taken by the two British suicide bombers, who came to the country in the 1990's as refugees from East Africa. Muktar Said Ibrahim and Yasin Hassan Omar took British welfare assistance for years then turned agaisnt the country which took them in.
Both men came to Britain as so many immigrants do, fleeing something else. The circumstances of their arrival, as well as the disclosures that both received social security benefits and state housing, incensed critics of a government asylum policy that, many say, has allowed anti-Western extremists to proliferate in Britain.

"Welcomed here as the dependents of asylum seekers, educated in our schools, taking full advantage of all the benefits this country so generously offers - now they want to destroy us," The Daily Mail, which has long fulminated against what it calls a too-generous asylum system, said in an editorial on Wednesday.

"Could there be a more chilling snapshot of the madness of a system implemented by successive governments that has left this country at the hands of murderous fanatics?" the editorial said.
It is absolute madness to have such an asylum policy. And to rely on the word of potential citizens as to whether they have a criminal record is simply absurd. Surely the British public will demand a change.

Posted on July 27, 2005
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War On Terror Gets Catchy New Slogan

Don't call it the War on Terror any more. That's so yesterday.
The Bush administration is retooling its slogan for the fight against Al Qaeda and other terrorist groups, pushing the idea that the long-term struggle is as much an ideological battle as a military mission, senior administration and military officials said Monday.

In recent speeches and news conferences, Defense Secretary Donald H. Rumsfeld and the nation's senior military officer have spoken of "a global struggle against violent extremism" rather than "the global war on terror," which had been the catchphrase of choice. Administration officials say that phrase may have outlived its usefulness, because it focused attention solely, and incorrectly, on the military campaign.
So, what's behind the catchy new slogan for the War on Terror?
New opinion polls show that the American public is increasingly pessimistic about the mission in Iraq, with many doubting its link to the counterterrorism mission. So, a new emphasis on reminding the public of the broader, long-term threat to the United States may allow the administration to put into broader perspective the daily mayhem in Iraq and the American casualties.
Oh, ok. If we just change the name, I'm sure that will make people much happier about the disaster in Iraq.

Posted on July 26, 2005
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Ex-CIA Operative Blasts White House

Former CIA intelligence official Larry Johnson took the microphone for the Democrats' weekly radio address Saturday and let President Bush have it on Plamegate. Johnson said, "The president has flip-flopped on his promise to fire anyone in the White House implicated in a leak." Johnson used to work with Valerie Plame. CNN reports:
Johnson, a registered Republican who voted for Bush in 2000, said he and Plame have been friends since they began their training at the CIA in 1985. In Saturday's radio address, Johnson said he was "stunned" by government officials' "ignorance about a matter so basic to the national security structure of the nation."

He strongly responded to some Republican allegations that minimized Plame's role in the CIA. "We must put to bed the lie that she was not undercover," he said. "Instead of a president concerned first and foremost with protecting this country and the intelligence officers who serve it, we are confronted with a president who is willing to sit by while political operatives savage the reputations of good Americans like Valerie and Joe Wilson."

"We deserve people who work in the White House who are committed to protecting classified information, telling the truth to the American people and living by example the idea that a country at war with Islamic extremists cannot focus its efforts on attacking other American citizens who simply tried to tell the truth," Johnson added.
Johnson isn't the only ex-CIA operative to speak out on the scandal. They all say that Plame was a covert operative and to call her a desk jockey is inaccurate and misleading.

Posted on July 25, 2005
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Rice Angered by Sudan Media Scuffle

Andrea Koppell reports on the media scuffle in Sudan during Secretary of State Condoleezza Rice's trip there. Rice is visiting Sudan to help stabilize the new government, which is on shaky ground after all the years of civil war between the Islamic north and the Christian and animist south. But she didn't exactly get the reception she thought she would.
While Rice and el-Bashir were meeting, journalists were taken inside in groups to see the meeting for a photo opportunity. At first, only Sudanese journalists, not those from the United States, were allowed in. Later, U.S. journalists were allowed access in two separate groups. In the first group, authorities pulled one journalist's microphone out of her tape recorder.

Afterward, Sudanese officials came and apologized to the media. But when a journalist in the second group attempted to ask a question, she was pulled away and authorities intended to kick her out. CNN's Andrea Koppel said journalists and Rice's staff members were "pushed and pulled" in attempts to keep them out of the meeting. One of Rice's aides eventually said, "We have a free press in the U.S.," and a Sudanese official responded, "Well, we don't here," Koppel reported.
It's nice that Sudan is so free and open about their lack of a free and open press. Rice was said to be furious that American journalists were manhandled by another country's police.

Posted on July 21, 2005
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Bush Picks Roberts

It has not been a good week for women. President Bush nominated John Roberts for Supreme Court Justice. Roberts, a well-known Washington, D.C. appellate lawyer, wrote and signed his name to a government brief arguing for a rollback of abortion rights in 1991, when he was deputy solicitor general under Bush 41. Salon notes:
Arguing on behalf of the government for a roll back of abortion rights, Roberts has stated that there is "no support in the text, structure or history of the Constitution" for Roe v. Wade. Roberts wrote the government's brief in Rust v. Sullivan, the 1991 case in which the Supreme Court held that government could prohibit doctors and clinics who receive federal funds from discussing abortion with their patients. In his brief, Roberts said: "We continue to believe that Roe v. Wade was wrongly decided and should be overruled."
So, it looks like the road to overturning Roe vs. Wade has just gotten shorter for the extreme right. But Iraqi women shouldn't feel left out. According to The New York Times, their rights are about to be gutted under the new Iraqi constitution.
A working draft of Iraq's new constitution would cede a strong role to Islamic law and could sharply curb women's rights, particularly in personal matters like divorce and family inheritance.

The document's writers are also debating whether to drop or phase out a measure enshrined in the interim constitution, co-written last year by the Americans, requiring that women make up at least a quarter of the parliament.
So, goodbye Iraqi women's rights and hello Sharia law, where some old man decides if a woman can get divorced, own property, live or die, based on his religious beliefs. Perhaps Rick Santorum and his ilk would like to see Sharia law enacted here in the U.S.? After all, we can't trust women to make their own medical decisions, now can we?

Posted on July 20, 2005
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Bush to Name Supreme Court Nominee Tonight

President Bush will announce his Supreme Court nominee tonight in prime time. Most of the rumors say that either Edith Clement or Edith Hollan Jones, who are both judges on the 5th U.S. Circuit Court of Appeals in New Orleans. It's hard to get too worked up when Bush hasn't even made the official announcement yet. But of the two Ediths, Clement is rumored to be to the right of O'Connor and Jones is considered to be just to the right of James Dobson. Edith Clement or Edith #1 as I like to think of her, is a maritime law specialist who usually votes with big business. A member of the Federalist Society, she is rumored to be anti-choice, but has no decisions on record about the issue. Edith #2 (Jones), however, will absolutely vote to overturn Roe vs. Wade faster than you can say "Jerry Falwell."

Posted on July 19, 2005
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Double Super Secret Background

Matthew Cooper of Time magazine shares every detail of his grand jury testimony about Plamegate in the new issue. Apparently, the grand jurors were keenly interested in an explanation of of Cooper's infamous phrase "double super secret background" which he used in his email to his editor discussing his conversations with Karl Rove.
The grand jury asked about one of the more interesting lines in that e-mail, in which I refer to my conversation with Rove as being on "double super secret background," a line that's raised a few eyebrows ever since it leaked into the public domain. I told the grand jury that the phrase is not a journalistic term of art but a reference to the film Animal House, in which John Belushi's wild Delta House fraternity is placed on "double secret probation." ("Super" was my own addition.) In fact, I told the grand jury, Rove told me the conversation was on "deep background." I explained to the grand jury that I take the term to mean that I can use the material but not quote it, and that I must keep the identity of my source confidential.
Well, glad that's cleared up. What about the leaking of the fact that Valerie Plame was an undercover CIA agent?
As for Wilson's wife, I told the grand jury I was certain that Rove never used her name and that, indeed, I did not learn her name until the following week, when I either saw it in Robert Novak's column or Googled her, I can't recall which. Rove did, however, clearly indicate that she worked at the "agency"--by that, I told the grand jury, I inferred that he obviously meant the CIA and not, say, the Environmental Protection Agency. Rove added that she worked on "WMD" (the abbreviation for weapons of mass destruction) issues and that she was responsible for sending Wilson. This was the first time I had heard anything about Wilson's wife.

Rove never once indicated to me that she had any kind of covert status. I told the grand jury something else about my conversation with Rove. Although it's not reflected in my notes or subsequent e-mails, I have a distinct memory of Rove ending the call by saying, "I've already said too much."
So, Rove told Cooper that Wilson's wife worked for the CIA looking for WMD. He clearly identified her, although he did not say the actual words "Valerie Plame" -- which would not be necessary under the statute in question. The question then becomes: did Karl Rove know Valerie Plame was a covert operative? And if not, why not? And whether he did or not, what is he doing discussing a CIA operative who works on finding WMD with some reporter he barely knows?

Posted on July 18, 2005
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Rehnquist Says He's Staying

Bloomberg reports that Supreme Court Chief Justice William Rehnquist confounded court watchers today by shooting down rumors that he's retiring.
"I want to put to rest the speculation and unfounded rumors of my imminent retirement," said Rehnquist, 80, who is battling thyroid cancer. "I am not about to announce my retirement. I will continue to perform my duties as chief justice as long as my health permits."

Rehnquist's statement, initially issued today by his family and later confirmed by court spokeswoman Kathy Arberg, marks his first public comment about his plans since he disclosed in October that he had thyroid cancer. The statement came eight hours after Rehnquist was released from a Virginia hospital where he was treated for a fever.

Cancer experts have said Rehnquist's treatments -- chemotherapy, radiation and a tracheotomy -- suggest he may have anaplastic thyroid cancer, an especially aggressive form of the disease. Rehnquist hasn't disclosed his type of thyroid cancer.
The rumors keep coming. My favorite one is that Sandra Day O' Connor is being begged to reconsider her resignation and to think about being Chief Justice when Rehnquist goes (Senator Arlen Spector fueled that rumor with his comments the other day). If only that one would come true.

Posted on July 14, 2005
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Political Roundup 7-13-05

  • Blogs offered the best first draft of last week's bombings in London. Arianna Huffington said the bombings discredit the Bush adminstration's fly paper theory for the Iraq War.

  • The Bush administration says the U.S. will retain control of the Internet's root servers canceling plans to turn control over to the UN on September, 2006. Some are concerned this could cause the Internet to splinter off into multiple internets.

  • Stars and Stripes reports that this year's desertion numbers of 2,518 are already almost as high as the count for all of last year, which was 2,723.

  • Greg Mitchelle at Editor and Publisher asks if Dick Cheney is the new Baghdad Bob:
    Is it just me, or is Vice President Cheney starting to sound like another balding, rose-colored-glasses wearing war spokesman, Muhammed Saeed al-Sahaf, better known as "Baghdad Bob"?

    Yesterday, after a week of serious criticism, for claiming that the insurgency in Iraq was in its "last throes," Cheney refused to back down, even after Gen. John Abizaid, our top military commander for the Middle East, proclaimed that the insurgency, in fact, was as strong as ever, and "a lot of work" remained to be done to defeat it. Earlier this week, GOP Senator Chuck Hagel of Nebraska had said he was sick of sunny assertions about the war from the White House, and declared that the United States indeed might be losing, not on the edge of victory.

    Yet Cheney said on Thursday, "If you look at what the dictionary says about 'throes,' it can still be a violent period." He compared this time to the end of World War II when tough battles "occurred just a few months before the end. I see this as a similar situation." Give this man a beret!

    Is it time to start calling him "D.C. Dick"? Or "Baghdad Dick"? Or perhaps "Bunker Bob"?
  • Elizabeth Edwards, the wife of 2004 Vice Presedential candidate John Edwards, is writing a book and a book proposal is being shown now to publishers.

  • This map provides a graphical representation of where the service men and women that have died in Afghanistan and Iraq were from in the U.S.

  • Caspar Weinberger, a two-term Secretary of Defense under Ronald Reagan, has penned a thriller novel with Peter Schweizer called Chain of Command.

  • Eclectech.co.uk offers a humorous take on Britain's need for national ID cards.

  • More liberals believe in ghosts than moderates or conservatives according to an important new Gallup Poll.

  • Schwarzenegger on Global Warming: California Governor Arnold Schwarzenegger says that the science is accurate and that the time to fight global warming is now. He is implementing a new greenhouse gas law in California. In a recent speech he said despite what others, including the Bush administration, have said helping the environment does not hurt the economy.
    These steps are great for the environment and great for our economy, too. Many people have falsely assumed that you have to choose between protecting the environment and protecting the economy. Nothing could be further from the truth. In California, we will do both.

    That is why I am travelling around the state and my administration is holding a series of conservation summits for businesses around California, spreading the word that pollution reduction is good.

    Pollution reduction has long been a money saver for businesses. It lowers operating costs, raises profits and creates new and expanded markets for environmental technology.
  • New York Senator Charles Schumer and others have been very critical of the upcoming 25 to Life game. Schumer calls 25 to Life a "cop killer" game and wants it boycotted. The multi-player online game allows players to become a gangster or a law officer.

    Posted on July 13, 2005
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  • Karl Rove in the Spotlight

    The White House Press Corps woke from its long slumber yesterday and simply pummeled Press Secretary Scott McClellan with questions about Karl Rove's role in Plamegate. Reporters demanded to know if President Bush is still going to fire the leaker, as he promised the American public. They wanted to know why McClellan told them that Rove had nothing to do with the leak, when even his own attorney has now admitted that he spoke to Matthew Cooper of Time magazine about "Joseph Wilson's wife being a CIA agent." It was heated. It was intense and Scotty was sweating like crazy. But he didn't crack, instead saying "no comment" and that it wasn't the time to discuss it.

    The New York Times helpfully lays out theprior transcripts of prior White House press briefings about the outing of Valerie Plame as an undercover CIA agent. McClellan's prior statements are very different from the "no comment" mantra repeated by McClellan today.
    McClellan at White House press conference: "No one wants to get to the bottom of this matter more than the President of the United States. If someone leaked classified information, the President wants to know. If someone in this administration leaked classified information, they will no longer be a part of this administration, because that's not the way this White House operates."
    Howie Kurtz says the media coverage of this story is just beginning. And I think he might be right.

    Posted on July 12, 2005
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    Fox News Crosses the Line

    For those that literally couldn't believe what they were hearing, Media Matters has posted the transcripts of the outrageous comments made by various Fox News anchors during their reporting on the 7/7 London Bombing attacks. There are so many appalling quotes, it's hard to pick just one.

    First up is Fox News Washington managing editor Brit Hume who immediately saw a way to make a buck off the death and suffering of people hit by the terrorist bombs.
    "I mean, my first thought when I heard -- just on a personal basis, when I heard there had been this attack and I saw the futures this morning, which were really in the tank, I thought, 'Hmmm, time to buy.'"
    To make such a disgustingly callous comment on air is really beyond the pale. But it gets worse. During the breaking news coverage of the attacks on Fox News' Fox & Friends, we were treated to an unbelievable exchange between Fox News host Brian Kilmeade and Fox News business contributor (and former co-host of CNN's Moneyline) Stuart Varney:
    KILMEADE: And he [British Prime Minister Tony Blair] made the statement, clearly shaken, but clearly determined. This is his second address in the last hour. First to the people of London, and now at the G8 summit, where their topic Number 1--believe it or not--was global warming, the second was African aid. And that was the first time since 9-11 when they should know, and they do know now, that terrorism should be Number 1. But it's important for them all to be together. I think that works to our advantage, in the Western world's advantage, for people to experience something like this together, just 500 miles from where the attacks have happened.

    VARNEY: It puts the Number 1 issue right back on the front burner right at the point where all these world leaders are meeting. It takes global warming off the front burner. It takes African aid off the front burner. It sticks terrorism and the fight on the war on terror, right up front all over again.

    KILMEADE: Yeah.
    This was during breaking news coverage, when many Americans were tuning in to make sure vacationing friends and relatives were safe in London. And what do they hear? What a great thing the bombings are because it will knock the global warming discussions off the front page. Where is the FCC now? To mock a country's dead and wounded during the tragedy to discuss the perceived financial or political benefits of terrorism: now that's what I call indecent.

    Posted on July 11, 2005
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    Rehnquist Dodges the Press

    All the buzz yesterday was that Rehnquist was going to announce his retirement from the Supreme Court. But he didn't do it. Now there are some reports that he was going to retire yesterday, but held off with the announcement because of the London bombings. If Rehnquist does retire soon, it will set the stage for Bill Frist's greatest challenge yet as Senate Minority Leader. He will preside over three confirmation hearings: two for Supreme Court Justice appointments and one for whomever is nominated to be Chief Justice. Even if he (and it's going to be a "he," believe me) is a sitting Supreme Court justice, he still has to be separately confirmed as Chief Justice.

    So, it could play out like this: Rehnquist retires. Bush proposes Alberto Gonzales and one extremely conservative justice. He also proposes Antonin Scalia as Chief Justice. Sandra Day O'Connor was by far the better choice for Chief Justice than the prickly Scalia. But O'Connor is gone and Scalia has been campaigning hard for the job by engaging in what is for him unusual behavior. He's been jovial, he goes to cocktail parties, he's been networking like mad. Rumor has it that Bush is considering Clarence "I Don't Believe in Stare Decisis1" Thomas as Chief Justice, but does anyone really want to through yet another Clarence Thomas confirmation hearing? Wasn't once enough? Anita Hill is alive and kicking, after all.

    The majority of sitting senators have never even been through a confirmation process for a Supreme Court Judge. Frist was recently humiliated by the defecting moderates who went behind his back to forge a deal to stop him from exercising the nuclear option. Can he keep his house in order in what will be the most contentious confirmation hearings since the Thomas hearings? We'll find out soon.

    1 Stare Decisis is a Latin phrase meaning "to stand by decided matters." As a practical matter, it means that lower courts are bound by higher courts' rulings and that the Supreme Court generally follows its own prior rulings. So, if you don't believe in Stare Decisis, you don't have to follow any of the prior rulings of the Supreme Court, e.g., Roe vs. Wade, Brown vs. The Board of Education, the Miranda case etc. Our entire system of jurisprudence is based on this concept. But hey, why be bound by what went before? Why not overturn the New Deal and that pesky, expensive Social Security?

    Posted on July 9, 2005
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    Jeb Bush Drops Schiavo Prosecution Plans

    It looks like Jeb Bush has finally agreed to drop his idea of prosecuting Michael Schiavo for not calling 911 fast enough all those years ago. Governor Bush made his attorney general launch a new investigation, but the AG's report said there was no evidence of wrongdoing.
    Bush had asked State Atty. Bernie McCabe to investigate Schiavo's case after her autopsy last month. He said he now considers the state's involvement with the matter finished. In asking for the investigation, Bush had cited an alleged gap between when Schiavo's husband, Michael, found her and when he called 911. McCabe said, however, that Michael Schiavo's statements that he called 911 immediately had been consistent.
    It's time to let this matter rest in peace.

    Posted on July 8, 2005
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    London Endures, Chertoff Takes the Stage

    The deadly terrorist bombings in London today appear to have been timed to coordinate with the G8 Summit and the announcement of the city as the 2012 Olympic venue, to provide maximum exposure and terror. But London isn't Manhattan in 2001. This is a city and a people that have been dealing with terrorists for years with the IRA bombings. Emergency services operated quickly and efficiently, and world leaders quickly closed ranks behind Tony Blair. Everyone put politics aside during the crisis, which is as it should be. We are all British today.

    In the U.S., the Department of Homeland Security raised the terror threat level, but only for mass transportation. We got our first look at Michael Chertoff in a crisis. He did pretty well; he talks much faster and more forcibly than Tom Ridge. He sounds competent, he fairly exudes impatience as he hops from foot to foot. If he weren't hellbent on stripsearching U.S. citizens at airports with x-ray machines and expanding the Patriot Act to the point where U.S. citizens will have virtually no privacy left, he might actually be a fairly decent Homeland Security Secretary. He seems quite agressive: how about turning that enthusiasm against the terrorists instead of against law-abiding U.S. citizens?

    Posted on July 7, 2005
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    Miller Goes to Jail: Novak Lounging at Home

    Well, it looks like Judith Miller is headed for jail, while Robert Novak -- you know, the guy that actually named Valerie Plame as a CIA operative in his column -- is free to chill out at home, apparently without a care in the world. Matthew Cooper of Time magazine, has agreed to testify in front of the grand jury. In a last-minute development, his source called him this morning and waived confidentiality.

    And Karl Rove, the man who has been fingered by MSNBC's Lawrence O'Donnell as the source of the Plame leak? He refuses to answer questions about the incident, although his lawyer admitted that he did speak to Matthew Cooper. Rove has retained criminal counsel in connection with the matter and the word is that the prosecutor has Rove in his sights. Novak's not talking, so we don't know whether he's already testified to the grand jury in secret, or cut a deal, or what.

    It looks like Special Prosecutor Patrick Fitzgerald isn't fooling around. National careers have been made on cases just like this one.

    Posted on July 6, 2005
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    Social Conservatives vs. Fiscal Conservatives

    With the surprise retirement of Supreme Court Justice Sandra Day O'Connor, the guessing game has begun. It's clear that President Bush will choose a conservative to fill her seat. But will he pick a social conservative or a fiscal conservative? Because increasingly, the two do not seem to go hand in hand.

    O'Connor was seen as a moderate on social issues and more conservative on fiscal issues. But she supported Roe v. Wade, and was viewed overall as a moderate.
    O'Connor, who plans to step down after 24 years, was the most business-friendly justice on the nine-member court. She voted to cut punitive damages, curb class-action lawsuits and enforce arbitration agreements against consumers. "As somebody who stands at the podium regularly on behalf of business, I always thought I had a sympathetic ear in Justice O'Connor," says Carter G. Phillips, a Washington lawyer with Sidley Austin Brown & Wood who has 45 Supreme Court arguments to his credit.

    That may not hold true for O'Connor's replacement. Social conservatives, focused on such issues as abortion and gay marriage, want President George W. Bush to appoint a justice along the lines of Clarence Thomas and Antonin Scalia. Their rule-oriented approach to the law often leads them to dismiss the more pragmatic concerns of businesses.

    In business cases that divided the court over the past six terms, Scalia and Thomas opposed the views of the U.S. Chamber of Commerce twice as often as O'Connor did. In the 2002-03 term alone, Scalia and Thomas rejected business positions in cases involving Norfolk Southern Corp., Nike Inc., State Farm Mutual Automobile Insurance Co., the pharmaceutical industry and the insurance industry. "Social conservatives admire Justices Scalia and Thomas, but Justices O'Connor and Kennedy have been much better for business interests," says Walter Dellinger, a Washington lawyer and Duke University law professor who was the Clinton administration's top Supreme Court lawyer. "Pragmatism works well for business. Ideology often does not."
    Bush is expected to announce his pick later this week or next week. And he defended his friend Alberto Gonzalez from the vitriol launched at him by social conservatives over the 4th of July weekend. If Bush chooses Alberto Gonzales, it could be a triumph for women's rights: the sketchy paper trail he left as a judge seems to indicate he's pro-choice, but it's far from clear what his views are. Gonzales sat on the Texas Supreme Court and did strike down a parental notification law as unconstitutional. And that's why the social conservatives can't stand him, saying that "Gonzales is Spanish for Souter." If it's really true, that sounds muy bueno to me.

    Posted on July 5, 2005
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