List of the Day

www.mcsweeneys.net :

THINGS I'D PROBABLY SAY
IF THE BUSH ADMINISTRATION WERE JUST
A WEEKLY TV SHOW AND I WERE
A REGULAR VIEWER.
By Eric Maierson

"Now, see, you can't just go and do something like that. That would be illegal."

"Boy, someone's gonna get fired for that."

"Wasn't that the one who made all the mistakes? Why is she getting promoted?"

"Come on, in real life you'd never get away with something like that."

"They really expect us to believe that?"

"Am I the only one confused here?"

"Does this make any sense to you?"

"Why is this still on?"

Pro Bono

This morning, I went down to the Rocky Mountain Innocence Project to begin volunteering . This place is dedicated to helping truly wrongfully convicted inmates in Nevada, Idaho, and Utah get out of prison. Two of my classmates also had stopped in and it seems like it will be an interesting and worthwhile use of my Monday mornings. For about 2 hours each week, we will read through letters that inmates and their relatives send us, and decide whether their case is worth investigating further.

The center is not in the habbit of defending "innocent" people or ones who write enough letters, but only actually innocent people who we can prove that they are not guilty-- i.e. convicted rapists whose DNA doesn't match the rape kit or the like.

We spent most of the time this morning discussing a case involving a man who was visiting a convience store/gas station at early in the morning out on the Westside of the Valley somewhere. Appearantly one guy saw him, and other guy saw the perpetrator, and the two witnesses agreed that this was the same guy. The victim's head was appearantly stomped to death, yet there was no blood found on the clothing or shoes the inmate claims he was wearing that night (moreover, his shoes don't match the bloody footprints found on the scene, both in size and type).

The timeline via the survielence camera gives the inmate 5 minutes to knock the victim down to ground and beat him to death with his feet (his middle finger of his right hand was broken a week prior to the incident and he was right handed). In letters and interviews he claims was waiting for his girlfriend to pick him up. No blood or trace evidence was found in her car or his car afterwards.

Sounds like he is innocent right? No real evidence other than two witnesses collaporating to describe what they saw early in the morning in the dark 75-232 feet away. But since our inmate wasn't picked up until a few days later, this gives the prosecutor a chance to argue that he threw away the murder clothes. My guess is that a gang of thugs with bats and the like (who were spotted in the area earlier in the evening by residents and by the suspect himself upon reflection) were the ones who did the horrific deed, either by group or group pressure on one.

Personally I don't see how he could have knocked down and then beaten to death a man in five minutes yet have no blood on him when he came back into the store nor be out of breath. Just goes to show you, don't hang out at the gas station in a "bad neighborhood" late at night.

We are locked in

It is official, I am going to Oslo and Copenhagen and Hamburg for the honeymoon. Now all we have to do is find a way to pay for it. The usual spacy guy who misspells and leaves out crucial words here managed to book hotel rooms, buy a Eurail pass, and a ferry berth for two.

This past week was difficult for me, partially the school work and partially the events going on in the real world. I keep hoping that I will wake up and Bush won't have won, that Condi Rice won't be our new Secretary of State, or that Alberto Gonzales won't be our new Attorney General. At least in Ashcroft we got a guy who was more interested in seeming important than slavishly following the orders from the President. At least in Powell we got a guy trying rather weakly to have his views spread around the world, instead of slavishly parroting the Presidents.

Another interesting Washington Parlor game, who will replace Colin's son, Michael at the FCC? Which White House puppet will it be? How much money will Michael make in the private sector? Even if Colin wanted to run against Hillary or Spitzer in his native Empire State, would he have a ghost of a chance? I think not. After all, he bungled miserably on the international stage. I would say he is a good man but a terrible leader and terribly weak and indecisive. He failed to pursuade the President when it counted. While his people tried to get the press to say going to the UN was his idea, it really was the one requirement of Tony Blair's, not Powell's.

To think he could have been either parties' Nominee when he retired from the Army, to think that he might have beaten Bill Clinton in 1996 for the presidency. Colin Powell will now go down in history as one of the least effective, least influential Secretary of States in our history, especially considering the circumstances. Maybe his tell-all biography will recast his image some, but I expect it to tarnish Bush more than shine Powell.

RE: They don't fight

In response to Paperwight's lengthy reply to my rant/comment on his blog, I would like to thank him first for driving some traffic here. But I wouldn't consider myself as a DLC apologist. I feel that I have a duty as a person who has actually worked there to dispel some of the myths/misconceptions about the organization which the blogopshere and far left seem to spread.

only natural for the grassroots/netroots to conflate the two, and to inject as well their frustration with the lack of fighting spirit among the clubby DC crowd, so that "DLC Democrat" or "DINO" becomes shorthand for "cowardly appeaser pissing on the people who worked their asses off in the ground game". Is that fair? No, it's probably not entirely fair.

fairshot.typepad.com

This is a very good point, and probably the main source of the problems the DLC faces. They were outsiders, and then with the success of Clinton, they got thrust into power and now they intermixed with the pre-existing status quo/establishment folks. I agree with what you say for the most part; the DLC needs to repudiate the establishment guys like Paul Begala and shame Tim Roemer. But Tim was their good foot soldier for the most part (except the tax cuts and Clinton 93 budget) and I am sure Paul is tight with the senior staff at the DLC.

For their part, the DLC has repudiated Shrumism for many years now (since about 2000 as far as I know) and folks like Ed Kilgore has agreed with folks at Tapped and elsewhere that ideology is a trivial concern at this point and we need to reform and rebuild the party. Ed has made some very positive noises about Dean's quasi announcement speech. They have been remarkably quiet, at least publicly, as to whom they like for DNC chair. I have trouble thinking of who they might want.

I will let Ed do more defending of the DLC since A) he still works there and B) he is a much better writer than me. But to sum up, the DLC doesn't appease, the Congressional "leadership" does/has. I don't agree with the DLC all the time, but I think the real enemy of Reform Democrats everywhere are not DLC members but folks like Bob Shrum, the folks who staff the DCCC and DSCC (those who cross-pollinate with said Shrums), the soft money men/women, the John Dingle's of the congress (career over substance, party, values etc.) We need to change how the party runs.

A group of what Paperwight indirectly calls "has-beens" is not the threat, it is those who hold the keys to the party and its purse-strings. The Dean campaign helped weaken the hold these people have on the party, but at the same time it reaffirmed their power (since Dean sunk like a stone).

Hal on comment board didn't like my closer that "I look to the Blogosphere for the next great promise of reforms for America." He said "I look to the people." But the blogosphere is made out of people. That is where it's power derives, not software. True, many smart and capable people don't go online yet, or aren't members of the blogophere. But I trust their ideas, if good enough, will trickle into the 'sphere over time. This is the promise of Open-Source policy making that Matt Stoller and Stirling Newberry advocate.

A view of the real world

Today we visited Judge/Professor Paul G. Cassell's court room downtown. Today we watched the procedings of a Marijuna sentencing (for a spanish-speaking guy that merely trimed the leaves of well over 950 plants and did not grow the stuff down near St. George), A meth pleading (for 51 year old guy who will get a very generous 12 years in prison), and a preliminary evidence hearing (on a guy who slapped a woman he was sleeping with and owned a gun).

It was a hard look at what the criminal world is all about and its consequences. Cassell to me seemed very patient and fair. The family of the slapper was very upset that he denied their motion but all it did was set themselves up for trail and/or a plea. I had to be classist and prejudical, but this guy looked like white trash and had a history of violence against women and run-in with the law. Plus, his lawyer was a big, fat moron. Cassell had handed down a draft order (to deny the defense's motion) and the defense lawyer never found/read the case he cited. Granted it was a recent case, but he had a 3L on staff (from the NRA society no doubt) who could have used Lexis-Nexis or WestLaw to look it up for free. That's bad form.

Da Judge went out of his way to listen to every lame argument and explain things to people via interpreter. Further, he pointed out that all the attorney's there went to the U, I guess to make us feel like we had a chance to do those jobs. One even had a SJ Quinney pin on his lapel. The AUSA's stayed on to answer our questions and it was interesting. To me, it seems to have to clerk for a federal judge and know people in the US Attorney's office to get the job. And to clerk, I am betting you have to have really good grades. Sigh....

Only 2 votes against sycophancy?

I have trouble believing that the Foreign Relations panel could not find more Democrats or GOPers with some spine to tell the president that he can't put just anyone into such a powerful post as Secretary of State.

John Kerry, who thinks he still has a shot to run for president again, voted no. Barbara Boxer, the hyper-liberal from California who has a great name and was just reelected, did too. What happened to Joe "Plagiarism" Biden? Dick "Iraq is in the toilet" Lugar? Or Chuck Hagel? Russ "only no vote on Ashcroft" Feingold? Barrack "President in 2008" Obama? Man, what happened?

Condi Rice is incompetent, she failed to do anything to prevent 9/11, she did nothing since then to fulfill her duties as national security advisor, since anyone with guts would have told Bush that there was no pressing, national security need to go to Iraq and that the US would be less secure as a result. She led the parade of lies to go to Iraq. She was the president's puppet.

The only good thing I can say about her is that foreign governments will know that when she speaks, she speaks for the president since she wouldn't tie her shoe unless he gave her permission. That is the major problem Colin Powell had: no support from the White House since day one.

On the Precipice of History

How cool is this, I am learning from a professor and Judge who presaged/pursauded (US v. Croxford) the outcome of a landmark Supreme Court Decision this week (US v. Booker)? Further, Cassell also was able to twice be the first out of the barn to interpret Blakely v. Washington and Booker, this time with US v. Wilson.

First of all, it is a brilliantly writen and argued decision. Moreover, it made for 39 pages of reading instead of over 100 for Booker. Many have put out through critiques of Wilson: the Sentencing and policy blog, TalkLeft, and many others. There is a buzz about it and Cassell is making the most out of his appointment to the court.

While I might not agree with all of his opinions, I totally respect his ethics, his intelligence and influence. After all, he did clerk for Scalia.

Long weekend

Sorry for not posting for a couple days...maybe I have run out of things to say. I have been posting comments now and then on MyDD.com and it probabbly has done everyone more harm than good.

Some people on there still believe the hyper-liberal myths that the DLC is trying to destroy the party and is responsibile for every loss the Democrats have had. These same people strangly feel that Dean is their Moses who will lead Democrats out of the desert even though he was part of this supposed devil's pact a few months prior to running for president and still believes most (if not all) of the DLC's tenants.

These folks and their hyper-conservative counterparts give credance to the idea that Dean's leadership of the DNC will wrench the party to the left, when in reality nothing could be further from the truth. I am not supporting Dean for DNC, but I am not opposing him for this very reason.

We need to change the leadership and the way the party runs itself. The incestuous relationship between the DSCC/DCCC and political consultants in DC needs to stop. The dependancy on big, soft money donations (see 527s) needs to stop. The idiotic left-right debate needs to stop. I am tired of the turf wars between the DLC and the Nation Magazine factions of the party. Is that really going to lead to victories in November? I think not. Why should people who win with 80+ percent of the vote be making political decisions for those at the margins?

If the Democrats want the Congress under their control before 2012, they need to embrace reform and change, not fight it like Roemer et al. The American people don't even know who controls their government because the only Democrats they hear from are in Congress or run for President (or both). To ensure long-term sucess, Democrats need to support Iowa-style redistricting, where a non-partisan group designs congressional districts and there is near parity in almost every district. The results are a more moderate, more representative House of Representatives than the current hyper-partisan GOP-dominated body today.

DNC chair

On a political topic, DNC polls may be unscientific but it seems to be showing the same results: Dean in first, Frost in second, and Fowler, Rosenburg and Webb distant thirds. Roemer has really never taken off and is in the bottom of every one I have seen. Fowler and Rosenburg seem to pick up some as a second choice.

It seems to be basically between Dean and Frost unless Howard screws up again, in which case Fowler or Rosenburg will pick up most of his votes. Roemer won't even make it past the first ballot. How many DNC puppets has the establishment been through in the last couple months? I would say they are on at least number 3 with Frost as "their guy" but 90% of that support is from his fellow Texans or other Southners. Fowler's best shot is to find a way to knock out Frost and then talk in the biggest drawl as possible (he is from South Carolina after all) and be their second choice.

Rosenburg's? Keep hoping that Matt Stoller can work his magic for him. Best of luck Matt; I hope you are liking D.C. and that you found a nice apartment.

Nevertheless, the race is still wide open and the results are scientific enough for someone to bet money on, but Dean is in the driver's seat again. He seems to be an early riser.

from the National Journal's Hotline:

First Choice for DNC Chair

Dean 31% (58 votes)
Frost 16% (30 votes)
Roemer 4% (8 votes)
Fowler 4% (7 votes)
Webb 2% (4 votes)
Rosenberg 2% (4 votes)
Leland 1% (1 vote)
Refused 40% (75 votes)

Second Choice for DNC Chair

Frost 11% (20 votes)
Dean 9% (16 votes)
Fowler 7% (13 votes)
Webb 7% (13 votes)
Rosenberg 6% (11 votes)
Leland 2% (4 vote)
Roemer 2% (3 votes)
Refused 58% (107 votes

Last Choice for DNC Chair

Roemer 16% (29 votes)
Dean 11% (21 votes)
Rosenberg 6% (12 votes)
Frost 4% (7 votes)
Fowler 4% (7 votes)
Leland 3% (5 vote)
Webb 2% (4 votes)
Refused 54%

Finally feeling organized

Just when you think you are on track and your life is in order, more stuff piles on the plate. I need to bake a cake, do homework, play basketball, and go to a church potluck tomorrow.

Meanwhile, Bob Shrum has gone into exhile at NYU, Howard Dean and his ex-chair Joe Trippi are at odds, and Simon Rosenburg gathers steam. The DNC race is now Dean and everyone below him. Roemer is starting out with using the 9/11 comission as his spring board. He even made the "o" in his last name the red white and blue ribbon of 9/11 (which was the lamest ribbon by the way...oh and there are too many riboons these days anyway. It is like Watergate, every scanal has to have -gate at the end and every cause has to have a ribbon.) Very classless, Tim. Even his fellow Hoosier and ex-DNC chair Joe Andrew is going for Rosenberg.

All this makes for interesting conversation. I wonder if any polling has been done for the race, because I would be currious how much support they all have. I am sure Dean will make it past the first ballot, but who will be on it with him?

WH 2008-- one less already

With the entry of Dean to the wide open DNC race, and his upsequent announcement that he will NOT run for president in 2008, things are already looking up for Democrats.

Two reasons. First off, Dean is a frontrunner and will push the candidates in a reformist direction, no matter who wins. Personally, I think there are too many reformist canidates, who will drain from each other the votes they need. This would have the terrible result of keeping Shrub et al rich, happy and in power.

I would be happy with Rosenberg, Fowler, or Dean. But I prefer Fowler, but not by much. I would not be happy with Wellington Webb, Roemer, or Frost. I hate them about equally but I guess Roemer is the absolute worst.

The good thing is that if any of my three win, Clark and his ilk are better off. The Clintons are worried that the DNC is spinning out of their control, since Terry is leaving and not exactly beloved but praised. So they asked Clark to run, rumor has it, and he said, "Thanks but no thanks, I am running for President." To me, this sounds plausable and means that Clark is not a Clinton monkey which will mean that he will get less Clintonista support next time but accordingly get more Deanic type support. This means a bigger initial splash and who knows when people actually vote. Actual voters didn't really help Dean.

I don't know who Edwards should support, other than his old lackeys. Hillary isn't going to run, and Rove really made up her mind for her with this finance investigation. As for Bayh, he wants one of the dreaded three, particularly Roemer since he is from IN.

The amazing lies of politicans

Ohio's Secretary of State Kenneth Blackwell (R), the guy who was Bush's Ohio campaign Chair and had the role of officiating the election in November "sent a fundraising letter" for his '06 campaign for Governor "that was accompanied by a request for illegal contributions." A pledge card included in the mailing said "corporate & personal checks are welcome," but corporate donations "are illegal" in OH. Blackwell spokesperson Carlo LoParo said any corporate donations will be returned. Fundraising coordinator Jeff Ledbetter "blamed a printer for the mistake, saying it used a template for an issue committee, which is allowed to accept corporate donations" (AP, 1/9).

You know, that is about as believable as Jessia Simpsons' sister blaming her lip snycing on the band playing the wrong song.

Blackwell did everything in his power to disenfrancize people who would be more likely to vote for Kerry than Bush, and slow walked the certification of the electors to prevent any challenge of the results beyond Jessie Jackson and John Conyers' publicity stunts. It is clear that he is not fit to be in charge of the state's elections if he can't even follow the rules and certainly therefore not fit to replace Gov. Bob Taft (R). How very shameful.

Phew!

Last night, after hours on hold, we finally got the airfare part of our Honeymoon taken care of. It was the one thing that my Fiancee had delegated to me and I nearly (and partially) blew it. Last week, I had contacted my parent's travel agent that arranged our Costa Rica trip last Christmas, but she told us on Friday that she couldn't find any flights to New Zealand or Europe via my frequent flyer miles.

So I called first on Saturday and got an incomp guy who disconnected us while checking on flights. So Christina talked the next time we got a hold of a real human. Maybe I am too vauge or something. The only choices left were Oslo or Edinburgh on the way in and Hamburg and Stockholm on the way out. So we chose Oslo to Hamburg. This way, we will start in Norway, go through Sweden, then Denmark and end in Germany.

I am already excited and we don't until June 19th. The only major bummer is how much time we have to spend in Newark for our layover. Sorry Garden Staters, but I hate New Jersey. After reserving our spots, we went to Barnes and Noble and got some good guide books from folks like Rick Steves' Scandinavia.

For lunch on Friday, I went to Cucina with my mom. After hanging out with her, going through all the lawyers in town I could harrass for a summer job, I think I caught her bug that has made her miserable since the Fiesta Bowl. Classes start tomorrow, wish me luck!

Word of the day

u·su·fruc·tu·ar·y: One that holds property by usufruct.

What is "usufruct" you ask? Well of course it means "The right to use and enjoy the profits and advantages of something belonging to another as long as the property is not damaged or altered in any way."

Gotta love reading cases from the 19th century which cite King James' Bible, Roman Senate decrees, and Ancient Greece. I am hitting the dictionary hard for these days.

Let's use these great words in real life: I am the usufructurary of my parent's house this weekend while they are in San Diego. Or: May I usufruct the car tonight, roomie?

Class dismissed. That was too much fun.

49 percent nation

According to a recent AP poll, Bush has a 49% approval rating and 49 percent disapproval. The remaining 2%? Maybe they are the Debolt machines. By the way, other polls have Bush even lower (like 47%). That's the worst a re-elected president has ever faired since they started modern polling.

Presidents Reagan and Clinton had job approval ratings near six in 10 just before their inauguration for a second term, according to Gallup polls.

President Nixon's approval was in the 60s right after his 1972 re-election, slid to about 50 percent right before his inauguration and then moved back over 60 percent. President Eisenhower's job approval was in the low 70s just before his second inauguration in 1957.

This president makes me feel like there is another aspect of my life that I am repeating 35 years after my dad. We graduated from college 35 years apart, will graduate from law school 35 years apart, and will be married 35 years apart. Bush is 32 years apart from Nixon, but close enough. Both managed to get re-elected despite people's suspicions because the other side's candidate was so terrible. And now people are having buyer's remorse.

Personally, I doubt Bush's social security elimination gambit will succeed. Primarily because of an email leak from policy guys in the White House saying they need to cut benefits to finance the conversion, something Bush has explicitly promised not to do. Plus, the Democratic Party, if it stands for anything any more, stands for the New Deal and Social Security. This is a program they will fight to the death over because it is how they got to be as powerful as they got.

The Democrats might crumble on Alberto Gonzales, because they don't have the votes, even though he gave Bush bad advice as Governor and President. Further, Gonzales has proven unwilling to the necessary work to give Bush the right information, not just want Bush wants to hear. This is why he should not be confirmed. The whole torture thing is just another symptom of a larger problem: syncopation.

Kabuki Theater

I am actionally glad that I missed the Debate over Ohio's electors and the posturing by all sides about voters. If the congress really cared about the voters there would be a nationalized election system, federally funded with clear rules on what is and is not allowed. How come we are the only Industrialized, non-post-Soviet nation that can't seem to have elections that isn't mired in doubt (1876, 1960, 2000, 2004)? What's so damned hard?

Instead I have been longing strangely to get back to school. At the bookstore I encountered classmates and chatted them up for a bit. Although I have 70 pages to read for the first day of Criminal Law, I am very excited to be taught by Judge Cassell. We even get to sit in on his proceedings later this month. By all accounts he is my type of conservative-- smart, consistant, and intellectually honest. Plus, he is supposed to be a good teacher to boot. Perhaps I am a big nerd, but I find all this stuff interesting and am excited to learn. I am also looking forward to doing Pro Bono projects this semester and seeing if I actually like the practice of public interest law or just the idea of it.

School starts on Monday; maybe I will get a head start this weekend. Oh by the way, the Utes are 4.5 in the nation after their Fiesta Bowl crushing of Pitt. I think they should have played a better team like Auburn or Texas. Personally, I always thought Texas and Oklahoma were overrated. But now that Urban Meyer is gone, I can go back to not caring about currupted College Football.

Ethics reform

I agree with Bull Moose Blog, we need a Pennsylvania Avenue Project and get rid of the rampant cronyism and corruption from the GOP-controlled Congress to the GOP-controlled White House and K Street.

There is a big need to prevent former members of Congress and former White House employees from landing cushing jobs at big K Street lobbying outfits. Prime Example: ex- Energy and Commerce Chair Bill Tauzin, whose only delima was whether to go with the pharmacutical industry (who Rx drug benefit handout/legislation he drafted) or big music industry; he chose big Pharma and got $2 million a year. I think we need to go further and get a no nepotism clause for government jobs and lobbying. Linda Dashcle should not be allowed to lobby for the airline industry anymore than Orin Hatch's son gets to land a huge job in a law/lobbying firm. It should be easier to bring charges against members of Congress for violating the law and the so-called Ethics committee needs to get some dentures after DeLay and Co. knocked out all its teeth.

This a fight Democrats can win. They lost the house in 1994 because of scandal and arrogance of power (and raising taxes and the gun control bill), they can win it back by being the party of Mr. Smith goes to Washington.

Clark is back with a vengeance

I didn't watch it but per a Kos Diary, it sounds like my presidential candidate is back in action.

General Wesley Clark told Hardball's Chris Matthews in unequivocal terms that the nomination of Gonzales for AG was an outrage and unacceptable because Gonzalez believes (1) torture is permissible under American law;(2) that the Geneva Conventions are "quaint" (3) the President has unfettered power.

"How could Americans feel confident in the rule of law with an Attorney General who does not respect the most basic tenets of American law?"

Clark responded to Matthews by saying that he would indeed testify against anyone who signed off the documents Gonzales approved.

Good for him. He sounds like the guy that enchanted me in 2003. He is a straight shooter and an anti-politician in a time of out of control spin. I am glad there are still honest people who seek the highest office in the land. He still has my support. Wes is the best choice for 2008.

Two fewer liberals

Shirley Chisholm, a minority rights advocate who was the first black woman elected to Congress in 1968 and later the first black person to run for president in 1972, joins Representative Robert Matusi as liberal minority democrats who passed away in 2005.

Chisholm represented New York's Bedford-Stuyvesant section of Brooklyn, the area that inspired RFK to work towards social justice and become a champion of the African-American cause. Matsui was born in a Japanese internment camp and represented Sacramento for decades. In 1988, he helped shepherd the Japanese-American Redress Act through Congress, in which the government formally apologized for the World War II internment program and offered token compensation to victims. Matsui was also head of the DCCC in this year's ill-fated attempt to regain power in the US House of Representatives (where Democrats have been out of power for a decade now). Matsui had been battling Milo Dysplastic Disorder, a rare disorder that causes an inability of the bone marrow to produce blood products, such as red blood cells, white blood cells and platelets.

During her failed presidential bid, Chisholm went to the hospital to visit George Wallace, her rival candidate and ideological opposite, after he had been shot,— an act that appalled her followers.

"He said, `What are your people going to say?' I said: `I know what they're going to say. But I wouldn't want what happened to you to happen to anyone.' He cried and cried," she recalled.

That shows a person's character. These two people were all that was right with being liberal: they had beliefs and values which they stood up for, even if they knew they were unpopular, even with their own constituents/constituencies.

what a way to start a year

So last night, I tried to shuttle between first night, Olympus Cove in the driving snow with rear-wheel drive, and back again in 30 minutes. And I almost made it. I was at 200 E and 300 S when the fireworks started. But we were all a bit sad that cell phones on vibrate didn't buzz and that the hill to the girl's house was so steep. But, we all made it safely into the New Year.

It's a big year for me: my wedding, my father's 60th, my sister's 30th and who knows what else. So to make up for the grumpyness that comes with plans gone awry, today was made pleasurable.

First, we went to Sage Cafe and ate with all the well-to-do Vegans. Next, we had the state's best hot chocolate; it was like a melted chocolate bar at the Coco Cafe. After that, it was off to Park City where it was snowing while it was a nice clear day down in the valley. We looked at consignment stores, art galaries, resturants and the like down Historic Main Street, slipping along the slushy sidewalks. My toes are still a bit damp but it was fun.

The Utes play in the first (and perhaps last) BCS bowl game tonight in 40 minutes. I am looking forward to them destorying Pitt. Hope everyone enjoyed their journey into 2005.

While you were distracted...

Another CIA head honcho was purged by ex-GOP Rep. Porter Goss. Jami A. Miscik, the head of the CIA's analytic division told her staff Tuesday that she was resigning effective February 4th. Having filled every other department with Yes Men and Women, Bush is now having his henchmen do the same at the CIA. Even though it would be in there best long-term interest to have an impartial agency which could give them an honest assessment of intelligence, the Bush Administration is a reality-shapping, not a reality-based, community. They wanted a rubber stamp on their plans to invade Iraq, and the damned Agency had the gall to ask questions and doubt the existance of a nuclear, let alone a biological weapons program.

"Every [director of central intelligence] has a desire to have his own team in place to implement his vision and to offer him counsel," Miscik said in the e-mail. "This is a natural evolution of the leadership of our intelligence profession." Very diplomatic of you.



Personally, I think there are a few agencies which should be beyond the President's reach: the Justice Department and the Intelligence Agencies. There is too much room for the political needs of a White House to interfere and ruin sound policy. Like how Gore wanted to handle Elan Gonzalez differently, or how Bush wants the CIA to invent facts for his wars.

I think the US Attorney General should be elected on his or her own like they are in most states. This way, it could be a grooming ground for politicans who want to run for president but happen to annoyingly be in Congress (which always kills a White House run since 1960). Also, this would ensure that the AG would be independent from the President as they should be. That way, when the White House does something questionable, there will be no need for a "independent council" and there will be no appearances of impropriety.

77,000 115,000 reasons

While America slumbers along this week, wallowing in the afterglow of a buying frenzy known as Christmas, tens of thousands of people are missing family members. George W. Bush is among them, riding his bicylce and clearing his beloved brush in that hot hell known as Waco Texas. Meanwhile, 43 is out consoling South Asians and being the statesman.

The Bush administration added $20 million to the paltry $15 Million in aid to the region, while they spent billions on a handful of people in the all important swing state of Flordia this winter.

The White House spinmachine said: "The president wanted to be fully briefed on our efforts. He didn't want to make a symbolic statement about 'We feel your pain.' "

Nice try in slamming Clinton "Actions speak louder than words," a top Bush aide said, describing the president's view of his appropriate role. Indeed they do, and his actions were not to go to the largest muslim country in the world and Al-Qeada hotspot Indonesia, but to clear brush and ride his bicycle.

sore all over

I went skiing with my future brother-in-law today, and while we didn't talk much, there was a good level of understanding. Per my calculations, it has been at least 2 years since the last time I skied, what with a trip to Coasta Rica and generally being a snow snob. Usually it has to have snowed, then be warm and sunny, but not too hot to make the snow slushy. But 80 inches at Alta were enough for me this time. In the morning I got a few Blacks under my belt and then had lunch after he finished with his lesson.

The Afternoon we skied down bright greens and I tried to instruct what has become somewhat second-nature to me as I have been skiing since I was six. Sore all over, we left at 4:30 and joined the malstrom down the canyon and went to dinner at my parents house with my Uncle Aunt and cousins in from Washington DC. It was pretty fun and I got fudge out of it.

Here is my quote of the day: "While you're watching it, you don't realize how confused you are, because it either makes sense from moment to moment or, when it doesn't, you're distracted by the sex. Life is like that." -Roger Ebert on Bad Education.

On the flip side

I hope you all had a nice weekend. Mine was great but I am excited to go back to my regular life of living on my own with my fiancee. Staying at my parents house makes me feel like a child, especially with my sister here to boss me around.

Her and my mom are trying out the bridesmaid dresses that my fiancee has picked out at David's Bridal, the perfect place when each bridesmaid is in another state. My groomsmen will do the male equivalent- Men's Warehouse.

Amidst the news blackout, a real story surfaced: the terrible Tsunami in South Asia and how preventable many of the 24,000 deaths were. If India, Sri Lanka, and Indonesia (another other poorer neighboring nations like Bangladesh) had the same system for the Indian Ocean that they have in the Pacific where these things are more frequent, they would have had 15 minutes to evacuate the coasts.

The countries that bore the brunt of Sunday's tsunami had no notice of what was coming but the earthquake, the largest for 40 years, had been monitored by the Pacific Tsunami Warning Centre in Honolulu.

"We don't have contacts in our address book for anybody in that part of the world," National Oceanic and Atmospheric Administration director Charles McCreery said.

The other story that is important is that Democracy triumphed over Cronyism and Corruption in the Ukraine with the Yushenko victory. Of course, there will be court challenges. Everyone wants to be like the Americans these days in some ways.

In Hollywood liberal news, Michael Moore is aiming his camera at Big Pharma after his unsuccessful attempt to dethrone Bush. "At least six drug companies have releases internal communications telling their employees to be ware of the scruffy baseball cap wearing filmmaker." AKA don't talk to him or you are fired. Like Jon Stewart and co., I never get why people go on camera with Moore who oppose his views. When was the last time they came off well?

As Jon Stewart says, "They like to be on the TeeVee."

Eve and Hark

Well I hope you all are enjoying the weekend and Christmasness. My dad and I went up to Big Cottonwood Canyon and snowshoed up day creek, a short but steep climb. We went about 3 miles in total and saw about 10 people in total as well. Most of the time, it was just father-son bonding time. Not that we chatted, mostly it was huffing and puffing up the revenes in 17-23 degree clear skies. Say what you will about Utah's politics (and Lord knows I have), but the scenery here is specatular and reminds me why I love it here. I drank about 70 ounces of water on the trip thanks to my parents fancy Camelbaks. Afterwards, we ate a hearty lunch and plopped down to watch the NFL game.

What a life. My sister got Dankso shoes with my grandmother via my car (which I co-own with my fiancee). It was one of the best moments of my life when my sister was begging to use it...it is tough being a little brother to a bossy big sister, and then marrying one. My mom went to her Pilates class in the morning too.

Tonight we go to my Father's female cousin's house (don't ask me to remember all those twice removed things) for our annual rotating family christmas party. My uncle Stewart and his family are in town from DC so it will be more fun than usual. My nuclear family is on help-mode as it is our year to host next year.

Depending on who hosts, the party can be very formal and fancy or very whatever. This one will be nice, but still have an air of whatever. We do a book exchange (of new books) and someone is assigned the job of Santa, or nowadays, elf. Part of the game of the night is too make sure some people in the family don't get too drunk and the race to make it to Saint Mark's midnight mass. Since these relatives live on Walker Lane and we have to help with the clean up, I doubt we will be able to make it, which will make me upset. I love singing Christmas carols, even if I am tone-deaf.

My personal favorite is "We three kings" because it has a funky beat, followed by "Hark! The herald Angels sing" as the best closer of all time. When I was a kid, I used to think that it was "Hark, the herdald angel, sings" and I thought Hark was such a terrible name. Gabreil's cool, but Hark?

Small Lake City

This is what my mom calls it, and I think it is a great name. Because, at least where I shop and live my life, I tend to run into people that I know from elsewhere, like when I go to the airport.

Of course, this is happening all over the country, as people are cloistering themselves into ever-bluer/redder communities, even within Red or Blue states. This self-isolation and "purification" I think is a natural, if not an unfortunenate, human tendency. This is the kind of thing leads down the road to Civil War and Genocide.

Not that me shopping at CostCo will eventually lead me to join into a Holy War against Wal-Mart shoppers, but you get my point.

Posting will likely go down this weekend but I hope everyone enjoy Christmas or the fact that others are enjoying Christmas (like no lines at the movies or ski resorts, etc.)!

Home for the holidays

Well, I don't have to go far, but it seems like a world away. Tonight I am going up with my fiancee to my parents for dinner and then dropping her off in the morning at the airport. She goes home to Chicago, and I will go back up to my parents, this time for the weekend (and Christmas).

We all these holiday traditions in my family, most of which I am looking forward too. Also, my sister is coming in tonight for the weekend which is cool since I haven't seen her in so long.

Speaking of which, I saw a kid from High School at the local bagel shop today (where I got a coffee) whom I had wondered about. He was the type of kid who wasn't school smart but you could tell is actually quite brilliant and creative. Appearantly he has patented (or is trying to do so) a music machine for DJs and performs up in Park City with this device. He and friends are trying to attract attention from the entertainment industry when the Sundance Film Festival starts in a month and a half (which of course is mainly in Park City, UT and not in Vail, CO as my East Coast friends think). I wish him the best of luck. He was one of those guys who, even though he lived in his parent's basement for a couple years and didn't go to college (as far as I know) was pretty smart and ambitious in his own way.

Certainly, he is a lot smarter than some of the over-degreed and under-accomplished people I know from all walks of life. I hope I really don't fit into either catagory.

Eight is enough?

A squeaker up in the northwest: WA AG Christine Gregoire (D) is now up 8 votes over St. Sen. Dino Rossi (R) in the recount for governor. Hypocritically, the state party now is asking Rossi to concede, despite the fact that they thought 42 or so votes was "a tie" last time. Now of course, this is after the recount of the recount. And this isn't even counting the 500+ erroneously not counted King Co. Votes (which presumably will break for Gregoire at the rate of 58% or so). But still...Let's see what the WA supreme court says today (I'm watching it on C-SPAN now). In any event, I hope this woman wins, but what a nail biter.

And you thought 537 votes was close...

trying to go without TV

We have come so dependant on the idiot box that our whole lives revolve around it: our language, our culture, our schedule. And it annoys me too that us folks in fly over country have to watch TV on someone else's schedule: either the Northeast or California. It is funny how the blue states dictate when "primetime" is. TiVo was practically meant for that vast swath of land between the coasts.

I find that TV makes me more upset than happy most of the time. Although it occationally makes me laugh, and for that I am greatful. But there is so much watering down of people, issues, and events that drives me nuts. It is as if our television has to be like our beer.

When I was in Europe they too focused on the mundane, but also spend a sigiificant portion of time talking about what was happening in Africa or the Middle East and the US. And it didn't take a military invasion for these people to learn about other parts of the world. Part of it is that, even when they do the weather report, they are reminded how close they are to Africa and Turkey and Russia. Their geography forces them to be conscious of more of the world than nearby states or Canada, or Mexico. The closest we get to that is a discussion of "El Nino" and a blurb about a horriffic set of deaths in China or Japan or some place along the ring of fire. But then the subtext of newscasters is, "well there are plenty of them Asians anyway, no big loss." Of course, when 5 idiots living along the Missippi in Missouri die in a flood, it makes national headlines, as if their lives are more precious than those who died in a Tsunami.

As for other weather phenominom, we occationally have "the inversion" in Salt Lake during the winter. This is when High Pressure traps all our pollution in the Salt Lake Valley (I watch the weather on TV). As a result we realize what selfish pigs we are for having to drive ourselves everywhere instead of using public transit, walking, or living closer together. After all, the Los Angeles Valley is about the same size, but they have quite a few more people living there. Of course, more people don't think about this and just complain about it, as if they had no part in it. Personally, I like the wake up call that the inversion brings, but my Parents and my Aunt and Uncle like to brag about how they literally live above it.

See, my parents live in Emigration Canyon at about 5,500 feet. So every winter morning this time of year they get to drive into the gunk. My Aunt and Uncle experience the submergence much later in their commute because they live in Park City, which is higher up and further away.

So like I said, I am trying to go without TV today and as much as possible in the coming days. So far, I have vaccumed up the living room and kitchen, listened to David Sedaris on NPR.org archives and read some "Dress Your Family in Corduroy and Denim" stories (as well as read online and talked to my grandmother. Give me strength.

Still Donnie Fowler for DNC

I was just endorsing him based on his letter that was posted on MyDD before. Now I am much more excited about him after watching him on C-SPAN (thanks Kos). Go to his website and read up. I bet you will like what you see.

nothing doin'

Today is the beginning of a week of nothing, which is nice I guess, but the silence of activity is deafing. So it looks like I am going to have to invent some tasks and come up with things to get family members for Christmas, including myself.

Other than being pretty poor these days with lots of expenses and only one salary, I feel so blessed with all the necessary and unnecessary conforts, it is hard to find things I really would like or need. Especially when there are fellow citizens getting shot at who have no proper armor.

My Christmas wishes were that there would be no more Rumsfeld, no more Cheney, no more Bush. But so far, so bad. I guess there is always New Year's.

Black yourself out

Sometimes I wish I didn't read the news. I tried today by watching football and going Christmas shopping. But then a saw how many people died in Najaf and the preminition that more death and violence will come as we get closer to January 30th.

Now there is no law school for several weeks to distrast me from watching the world spiral out of control (and into the toliet). At least there is Christmas and my family stuff to do. I recommend that everyone finds something to do until the 30th. After that, Bush's next puppet government will be in place (or else they will find some irregularities or some other reasons to null the vote).

So how about those Colts?

Pharma v. Reality

The pharmaceutical industry would have you believe, via their ads and drug reps in every hospital, that they are constantly innovating and discovering new, important medicines to help humanity. But in reality, they only look for the next Viagra: a blockbuster drug that will keep them afloat until they find the next sure-money winner.

According to the Times, "The number of new drugs approved by the Food and Drug Administration has declined sharply since the mid-1990's, falling from 53 in 1996 to 21 in 2003, even as the industry has nearly doubled its annual spending on drug development, to about $33 billion."

Supposedly the companies claim to have doubled their R&D budgets, but their marketing and lobbying budgets are still much bigger. For example, in Merck's (who has been the subject of all the bad Vioxx news) 2003 Annual Report, the company spent $10,710,200,000 on Marketing (with Administrative costs built in) while spending only $3,279,900,000 on Research and Development (I included their acquired R&D as well). That's about a 70-30 split on their costs.

Of course, this is only one company, but I bet if you look at the industry as a whole, the numbers are similar. And these companies wonder why they aren't finding any new hot drugs. Maybe it is because they are too worried about holding on to their market share and profits and less about true innovation. This despite the cozy relationship between the GOP-controlled congress, the Bush FDA, and big Pharma.

If I had my druthers, prescription drugs would be prohibited from advertising on TV (modeled after the rules for cigarettes), and their lobbying of doctors would similarly be severely curtailed. I have no troubles with advertising products like Advil, where each company is trying to keep its brand name awareness up and is in fierce competition with each other. But patients shouldn't be pushed into thinking they need more pills. Nor should doctors be pushed into giving out these pills if they a) aren't needed b) aren't safe c) more costly than drugs that work fine for the patient and are already out/gone generic.

On second thought, I think it would be fine if drug companies raise the public's awareness of their advances generally i.e. "Is your arthritis giving you trouble? Talk to your doctor today. There are many new and exciting products which can relieve your pain with just one pill a day and little side effects...." You get the idea. How about they spend 50% of their budget on R&D? That sounds reasonable, not that I would legislate that but I just feel it is wrong for them to whine when it is their own dumb decisions that placed them where they are today.

Stick a fork in me...

Cause I am done! That's right, last final was done at 5PM...well I turned it in early because I ran out of stuff to say. After that, I was in a mad dash to my fiancee's office party, where there was an open bar, hot wings, and burgers. They even had TVs in the urinals. Brilliant! Next, I went back to dress up more for the law school holiday party. First a pre-party at one of my friend's houses, a bit more intoxicatation....then off to the Sky Bar downtown. We danced, sweated, caught out drunken classmates before they fell on the ground and shouted "We've done" about a billion times. But boy did it feel great. One of my fiancee's college alumnae board members came with us and she had a great time too. It is too bad they allow smoking in clubs and bars. It really ruins the whole experience for me: I have to immediately wash my clothes and shower and get the sting out of my eyes. Plus, it smells and gives you cancer, but who's complaining? Not me.

Tomorrow I may wake up feeling a bit bad, but I earned this little excursion for all the work I have done this month. Now I just have Christmas shopping, Advent, and family Christmas parties to worry about. Plus the usual clean the car get groceries stuff. I have to say, I like my class. The people are great, kind, and very smart. If any of them are reading now, I would like to tell them they are all doing great and not to worry. After all, there is nothing you can do about it now anyway.

SUU prof. fired for swearing

Southern Utah University Professor Stephen Roberts was fired for using the f-word in a heated class discussion Oct. 12 over a supreme court case. At the time, he appologized to the student and class, but he stupidly swore during his peer review process.

SUU students picked Roberds as their 2003-04 Professor of the Year. Last week he gave the Cedar City-based university's Grace A. Tanner Distinguished Faculty Lecture.

"We have gone through policies and procedures, and based on a variety of things, the decision was made that a contract for the 2005-06 academic year not be granted to Professor Roberds," said Dean Decker, dean of SUU's College of Humanities and Social Sciences. Decker sent Roberds a letter saying his contract with the southwest Utah school would not be renewed.

Dean Decker claims that Roberds' ouster had nothing to do with the tenure process or the professor's recent use of the obscenity during a classroom discussion. Yeah right.

Decker placed Roberds on paid administrative leave with full benefits for the next six months - the balance of his current contract, which ends on June 30, 2005, saying "He will not be teaching classes during the spring semester. We have fully credentialed faculty to teach the classes that Dr. Roberds was scheduled to teach."

While Cedar City is a conservative area, there just seems no justification for firing someone on such a frivilious charge. It seems he was a liberal in a conservative region and clashed with the administration. I haven't looked through the school's speech code but I seriously doubt that is something which a student would be let go for, let alone a professor. Hope he comes up to the U and teaches here or a more liberal school where he won't be afraid of speaking. I say, sue the a-holes (that was meant to be ironic)

Blog des Tages: Anonymous Law Professor

This means Blog of the Day:Anonymous Law Professor. I just find Deutsch a more effecient way of writing things some times, sorry.

Anyway this is a great blog. I wonder who this professor is and if mine really feels this way about us. Sample post:

My first-year students take my exam in the next few days. I don't want to say exactly when, but I promised them that if they e-mailed me by this evening, I'd answer their questions by mid-morning tomorrow.

Unfortunately for them, my tri-weekly professorial poker game got a little rowdy and I had too much to drink. There are now 28 e-mails in my law school in-box. I can't answer just a few and be fair to all, and well, I'm not going to answer them all. Anyway, by not responding, it'll teach them to figure out earlier in the term which concepts they don't understand.

So as I click delete, delete, delete, I can only help but think of those pretty von Trapps singing, So long, farewell, auf weidersehn, good bye...

Oh wait, I'll answer just this one; she's cute.

Funny, yet worrisome.

The biggest waste of money I can think of

Unsurprisingly, yet another balistic missile defense attempt failed yesterday. According to the LA Times, this boondoggle costs "$130 billion and is scheduled to tally $50 billion more over the next five years." Now before conservatives reading this say, "you are weak on defense!" I would like to point out that the cold war ended 15 years ago. There is no need to protect ourselves from ballistic missiles coming in from Russia and really not against China for another 20 years (maybe North Korea in 5-10 years but that's pretty generous). Also, is it not more cost effective to simply take away North Korea's nukes than to build the impossible machine?

The thing that really gets me about the whole thing is that this money could be better spent, even on the same purpose-- protecting our country from attack. Bin Laden and his friends are not going to hijack a missle silo, they are going to buy a warhead and smuggle it into Canada, Mexico, or the US, most likely via a ship containers since only 5% of them get checked. Then they can just drive into a big city (San Diego or Seattle, for example) and blow up the device. It won't kill as many people as a balistic missle would, but the point is to scare the sh*t out of us, not max out the number of dead people.

We could spend some of that 50 billion on protecting ex-USSR loose nukes, which will be secured at the current rate in the next 15 years. We could spend some of that money getting into North Korea and sabotoging their missile silos and nuclear fission thingies. Are they really stupid enought to try to attack us? Maybe they would try going for the South Koreans, but we would get the Chinese on board with such caldestine operations and are pretty good at reigning in their little buddies. And I bet we would still have money left over to buy more protective gear for our troops in Iraq and Afghanistan.

Plus, it doesn't work, and I have yet to read any scientist who believes it could work. Sure, my DLC friends say it is a good idea, and so do the people at the Penagon, but both are getting money and smoozing from the defense contractors, not exactly unbiased parties. Missle Defense is a religion among Reaganite GOPers (which is now most of them), you can't reason with them, but for the rest of you, it just makes no sense.

oops!

Well something happened to my computer the other day, I am still not sure what, and I was out for whole days running "check disk" and taking its sweet time about it. Finally, I took it down to the computer guys at the law school and after about 30 minutes they finally got my computer back out of its slumber. You never know how vital a thing is until you don't have it. And I was about to poop my pants because I had all the answers I had writen to half of my Contract test on this little guy, which is like a day's worth of work. Plus, it had my professor's sort-of-helpful comments to them so I knew what to do next (in theory). Man, am I ever greatful for the tech guys in the basement. Now I am on an uninstalling spree.

Reform!

Its the new Win! Democrats have finally embraced reform in their rhetoric, now it is time to see if their DNC chair and platform will match it.

The DLC's Ed Kilgore has some starters that Democrats from all sides can agree on (and so should Republicans like McCain, Lugar, etc.) He names Election Reform (a real Help American Vote Act), Redistricting Reform (no more protectionism), and Ethics and Lobbying Reform (deep six the K Street project).

Now I agree with all of those but I think we need to go further on Election reform: Federalize the elections. No more 2 million different ways to vote with incompetent volunteers, etc. American politicans talk a good game when it comes to how much they value democracy, but we spend money on it like it is an unwanted, illegitimate child who just showed up from Vietnam (appologies to David Sedaris). There should be one system, controlled by a FEC with teeth and real administrators (not party hacks). Recounts should not be county by county, state by state, but federally done (via one recount and contest law for all federal elections). I don't care if these poll workers are unionized, but it might help in terms of their competence.

While we are at it, let's have real Intelligence Reform, Procurement reform(Why don't we have enough flack jackets? But plenty of B1 bombers), Government Accounting and Spending reform (Missle Defense and the Army Corps of Engineers, GAO, etc.), Tax reform (make it more progressive and simplier) We should be getting good ideas from the states and building them into our platform.

Think of how well McCain and Perot did, there is a huge "The government needs reform" constituency out there. Let's have at it.

Joe-pen Senate Seat?

It looks like everyone's favorite loser is considering being the head of Joe-land security. Or at least the Bush Administration is trying to save face with that last implosion and do some more campaign oriented stratego. After all, AP reports are saying CT Gov. Jodi Rell (R) would appoint a GOPer (even though she won't even commit to that), presumably Rep. Nancy Johnson (R-05) "to fill the last two years of Lieberman's term." The line up on the Democratic side is pretty weak since they can't kick out sitting congressmen or beat Johnson even when both are incumbents.

CT AG Richard Blumenthal (D)is already chomping at the bit He said a Lieberman appointment would "change the political landscape here in Connecticut by opening a Senate seat. Certainly I would have an interest in it. But we'll have to wait and see what happens in Washington." Blumenthal called it a "very exciting and promising opportunity for the country because he (Lieberman) would be such a great secretary for Homeland Security." Flattery won't get you an endorsement, dork.

I wish these guys would focus on Rell and the house. Almost any schmuck can be a democratic senator from CT, just ask the other one.

In other Washington news, I had the biggest laugh today when George W. Bush have the Congressional medal of Freedom to George "Slam Dunk" Tenant, Paul "who needs an Iraqi Army" Bremmer, and ex-Gen. Tommy "I spoke at the GOP convention but I am not partisan" Franks. The funniest part was when MSGOP was saying "The White House does not want to focus on what some have called these men's 'mistakes' but want to concentrate on their lifelong service to this country."

Their mistakes are pretty grave: George Tenant gave waffling supporters of the war something to hang their hat on (after all if the head of the CIA says there's weapons there, it's gotta be true right?) and gave Bush the justification he needed to launch this war of choice. Paul Bremer managed to do an even worse job as administrator of Iraq than that Lt. Gen. they had in there, leading to more insurgents with more training and weapons and more dead American soldiers and more captives.

Gen. Franks' sins are just as severe. He should have tried to talk Bush out of two wars at once, but he would have gotten fired at a time they needed him finishing the job in Afghanistan (I guess he didn't do that either). Franks should been more insistent on more troops and a real post-war plan, instead of going back to the drawing board whenever Rumsfeld complained the war plan did not fit with this new conception of warfare.

Of course, he is a Army man and is trained to follow the orders of the civilian leadership so he would have been going against decades of training to fight back. But then again, General Clark did it when he thought the war in Kosovo needed Apache helicopters and ground troops etc. He went around the E-Ring and straight to Sandy Burger and even tried to get in with President Clinton. This is the real reason he got retired early in April of 2000. Clark got the medal of Freedom by Clinton after his retirement, partly because Clinton felt bad that he was conned into approving Clark's retirement.

Those three men are the epitome of what public service is about to Bush: sycophancy. If you agree with the man, no matter how wrong or what road it leads down, you are a hero to him. It also helps to take a bullet or two for him, like Tenet did. I hate to break it to W., but this is a democracy and these people are supposed to be serving the country, not the GOP and you as the president come second to the people. These men served you first, us last, and it showed: you got reelected and Iraq is in the toilet.

What NOT to get me for christmas

'Nuff said

2 down...

Thanks Charley for the words of support after the last test. Now, I only my terrible contracts class. Paperwight, you were right that was more to Kerik's to drop out than a Nanny exuse. But I stand by my statement that it is lame to dismiss canidates because they hired a nanny, or even took bribes from the mob. The was unqualified and when he had a similar security job, he failed miserably. That is why he was unfit for the appointment.

The real end result of the news is that Rudy G. will have to work that much harder to get the GOP nomination in 2008. Because he cashed in all his chips with Bush on this one, even if he didn't mean to do so.

Photo of the Day

Viktor Yushchenko, the would-be next president of Ukrainian was poisoned with Dioxin, most likley by an the head of Ukranian Security Gen. Ihor P. Smeshko on September 5th. His wife smelled something funny on his breath (like medicine) after kissing him that night.

Nanny Problem

When I learned that Bernard Kerik has removed his name (AKA asked to drop out) from the nomination of homeland security director, I was happy. That is, until I learned why: did not pay taxes on his nanny.

How many presidential nominees have been sunk in recent years because they either (1) hired an illegal alien to be their kid's nanny, or (2) failed to pay taxes for them or (3) both? I can think of at least two Clinton nominees and now two Bush nominees. Is it that hard to find good legal help these days? Or is it a symptom of something worse and bigger?

It's the latter. Instead of sinking these nominees on the merits like they should be, political hacks are delving deep into people's private lies to catch them in an error, which just so happens these days to be with nannies. I don't think this is an appropriate way of "advise and consent" the present dear Senate. This is why we end up with the Kerik's in the first place, because truely gifted would-be public servants don't want people combing through their trash and dirty laundry. That, and the pay stinks.

Now some will say that this nanny-gate stuff shows that these nominees have no respect for the law which is really bad when you are appointed to be the attorney general like Zoe Baird was. Or you have no respect for labor laws, which it also bad if you are nominated to be Secretary of Labor, like Linda Chavez was. Or you have no respect for immigration laws, assuming Kerik's nanny was an illegal, when your department oversees the INS like Homeland Security does. Nonetheless, why can't be shoot these people down on the merits?

Kerik did a terrible job in the few months he was in Iraq. And no one explained ever why he left so appruptly. The man's only qualification was his loyalty to Rudy G. This was a patronage job, plain and simple. Rudy called in a favor from George W. Bush. Why can't his resume and past performance be the reason the senate votes him down?

I am just so tired of this gotcha culture in Washington. The "politics of personal destruction" is why we have power hungery men like Tom DeLay who manage to keep their nose clean enough avoid the axe. Congressmen lose power for saying dumb and racist things and yet ones who flaunt the law and commit real crimes (AKA not minor tax evasion) get promoted. There is something wrong with this picture.

From Bad to Worse

Usually I am pretty biased about Utah Democrats, after all, I am one of them. But when you have to step down because you where caught shoplifting and then many years later, you try to run over your son-in-law with your car you are out of my favor, to say the least.

[ex-State Rep.] Dionne Halverson, 57, faces a Dec. 30 arraignment for felony aggravated assault.

Deputy Weber County Attorney Dean Saunders ... alleges the incident happened Nov. 16 at the Plain City home of Alex Williams, a Utah Highway Patrol Trooper who is married to Halverson's daughter. He was not injured.

Halverson resigned in 1991 from her second term as a Democratic Utah House member from Ogden after she was arrested for shoplifting nearly $200 worth of clothing.

A security guard at Mervyn's Department Store in Ogden stopped her leaving the store around Christmas with a bag of unpaid clothing. She first denied guilt, then pleaded no contest to a class A misdemeanor, and was fined $350.

A House ethics committee voted to expel her, but passage by the whole House failed by two votes. Instead, she was censured and subsequently resigned.

Thank goodness she lost in the primary/convention in her attempt to come back in 1998.

Reporter fed Q to soldier: So?

The "dramatic town-hall encounter between" Secretart of Defense Donald Rumsfeld and Specialist Thomas Wilson, "an Iraq-bound soldier who worried about his unit's safety took a new twist" 12/9 when Chattanooga Times Free Press reporter Edward Lee Pitts said he "helped the soldier devise the question" according to Bandler for the Wall Street Journal. "Since mid-November," Pitts "has been 'embedded' with a unit" of the TN National Guard. His "role came to light after an e-mail he sent to a colleague was forwarded" 12/9 "to a Web site produced by the Poynter Institute. In the e-mail, Pitts wrote that he and two soldiers 'worked on questions to ask Rumsfeld about the appalling lack of armor their vehicles going into combat have." Pitts "wrote that he 'found the (sergeant) in charge of the microphone for the question and answer session and made sure he knew to get my guys out of the crowd." Pitts added it was "one of my best days as a journalist." I'll bet.

Pitts' editor, Tom Griscom, "'was asked' to include an account of his actions" in 12/9's story, "but it didn't get included, and (the omission) didn't get caught in the editoring." Griscom "said he would publish a letter to readers on the front page of today's newspaper explaining Pitts' role in the event" according to Memmott of USA Today.

Griscom defended Pitts' actions saying "the soldier asked the question" and "could have rejected Pitts' idea." Griscom: "Because someone's in the media who's embedded with them, does that mean they don't have the same opportunity to at least make a suggestion of something that might be asked? Is that what makes it wrong, because a journalist did it? That response from the troops was a clear indication that this is an issue on their minds" (Thanks Howie, you Media Whore)

Of course, Rush Limbaugh is deeply offended, equating Pitts' actions with those of Dan Rather. I am sure RedState.org or other conservative blogs are going Ape about this "news" because it supposidely validates their "liberal" media conspiracy theory.

In reality, the soldier trusted this guy, and knew him to be good with words, which presumably he was not, otherwise he wouldn't have asked for Pitts' help crafting the question. Maybe the soldier was just not confident, and Pitts helped him find his strength to stand up to Rumsfeld. There were other questions asked that wheren't "prompted" by a reporter, which were along similar critical lines, are they disingenious?

Bush and almost all politicans these days have speech writers, does that mean those politicans don't believe what they are saying and it is just put in their mouths? Maybe for some, but I bet most of them believe what they say but just couldn't craft their words and thoughts as elequently as these writers could. That's why you hire them.

Of course, this begs the question: Should a reporter be a speechwriter? I say, if this is the only way these questions are going to be answered by folks like Rumsfeld, the media should try everything they can to get their questioned answered. The soldier wasn't his puppet, but his willing and likeminded conduit.

I love how people like Howard Kurtz get into a huff about this, but never about folks like Judith Miller who just parroting some dubious unnamed sources with dubious motives. Or the political reporters of the New York Times, who care about nothing but process and internal leaks of disgruntled staffers, who take their disagreements out into the press when they cannot convince their candidate/elected official to go their way. This is interesting, but not nearly as important as the underlying fact that there isn't enough armor. This is a classic media distraction, manufactured by the Right/Bush Administration to get them off topic into their own navel gazing instead of pounding the real story for another couple weeks.

NBC's Miklaszewski: "as of today, only about one third of the military's 20,000 Humvees in Iraq are fully armored. When American troops first took Baghdad, only US military police had the fully armored Humvees. But when insurgents turned up their attacks with roadside bombs, Americans started taking heavy casualties, and Congress came up with additional funds to turn up production of the heavily armored vehicles" ABC's Moran: "The army revealed today that of 30,000 military vehicles in Iraq and Afghanistan, about 8,000 are still waiting for armor. ANd the Army's schedule does not call for all Humvees in Iraq to be armored until next March" Operation Truth founder Lt. Paul Rieckhoff, asked if the shortage of armor was a well-known problem: "Absolutely, sir. I spent just under a year in Iraq in central Baghdad, and commanded 38 soldiers on the ground who were poorly equipped. We did not have armored humvees; we were reduced to duct taping old flak jackets to the side of our Humvees to provide protection. We put sandbags in the floors of our vehicles. ... it cost soldiers their lives and it wounded soldiers as a result, and it was absolutely inadequate" Now that is the news, that is the story. Press, I beg of you, run with that.

Cpl. Hassoun charged with desertion

The Salt Lake Tribune has the scoop: Marine Cpl. Wassef Ali Hassoun has been charged with desertion by the U.S. Marine Corps.

Cpl. Hassoun is from West Jordan, UT and has been the subject of a five-month investigation into his June disappearance from a U.S. military camp near Fallujah, Iraq.

The whole dissipearance, being on Al-Jeziera and reappearance in his native Lebenon thing made the Marines pretty suspecious, especially when they wound Hassoun's things in a raid on insurgence in Fallujah. His Utah family were shocked by the news of the dissertion charge.

Here's your quickie on military law:

If found guilty of desertion, Hassoun could face a dishonorable discharge, forfeiture of pay and allowances, and five years confinement for each specification.

Hassoun will be assigned military defense counsel to represent him, and has the right to be represented by a civilian attorney of his choice at no expense to the United States.

Now I know what the fuss is about

So I finally read the questions and answers to Sec. Rumsfeld’s visit with the soldiers in Kuwait and I have a feeling that he won't do that again.

The Times has a good account of the questions, mostly related to the lack of armor for vehicles and personal when they are in a drawn out guerilla war, the back door draft for would-be retired servicemen and women, and the full-time work part-time pay of National Guard Reservists (two weekends a month my Butt!)

Needless to say, most people paying attention have know this problems for a long time, but the fact that media wasn't aware, didn't believe it, and the E-Ring folks basically ignored it is now quite apparent. All of a sudden, reports are trickling in about how new armored Humvees are being made for our troops...good work Pentagon Media Relations! The reality is that we have been in Iraq for two years now starting in next spring and they didn't plan properly to protect the grunt soldiers. It looks like they don't care, and Rumsfeld’s answer show he has about as much respect for them as he does the press corps, that is next to nothing.

After two long years in Iraq, we have next to nothing to show for it but thousands of dead soldiers and a broken country. Sure we have Saddam in some jail, but we could have done that other ways. Ways that would have not left the target on these soldiers with no return ticket and no armor.

Their families shouldn't have to hold bake sales to buy them armored vests when the Pentagon are spending billions on new submarines and stealth bombers (don't forget the hundreds of millions for no-bid Halliburton contracts even while they overcharge the government). Folks, we are in a long-term occupation of a poor, desert country, those things are useless. Body and vehicle armor, however, is vital.

We should be treating these fighting men and women with the respect they deserve by telling them honestly what is happening. And call me crazy, but I just don't get that impression from Rummy.

One down...

Well I finished by Civil Procedure test today at noon and have thus far taken the afternoon off, having a leasurely lunch at Big Ed's (a hole-in-the-wall greesy spoon near campus) with some classmates and then shooting around University field house.

Now I am kicking it in my exercise gear. I think I will take off the rest of the day to clear my head before I dive into Torts over the weekend (8 hour take home starting at 8:00am on Monday).

Sorry for the lack of discussion of the days events. I have no idea what happened today. Except that stupid Scott Peterson case.

I will tell you, I am conflicted about the death penalty and would love to hear people's arguments for it. On the one hand, that NY Times article really summs up my problems with the death penalty: the administration. Those folks in Texas seem determined to kill, the facts be damned. Illinois had similar problems, but they are doing something about it, instead of thumbing their nose at the supreme court like the 5th circuit did. A 8-1 decision, and they copy and paste the one dissenting opinion (by none other than Clarance Thomas)in theirs? Terrible.

But I really have no problem killing Peterson, from all that I have read, he did a horrible crime and its a person who cannot be rehabilitated. In California, they spend more money per a prisoner than they spend per a college student in the UC system. Our country has its priorities all messed up.

Video Game of the Day

I am out studying for Civil Procedure, which is tomorrow at 8:30AM for 3.5 hours (after that, I have two 8 hour take home finals, the last of which is really much more than that since we have had half the semester to do 2 of the 4 questions...Top that Michelle!)

In the meantime, please enjoy the clip from this old video game made by Japanese programmers in the late 80s who obviously didn't pay enough attention in English class:


Courtesy of PlanetTribes.com, via Kos

Website of the day

Today's website of the day (and blog of the day) is the grouchy but brutally honest Unemployed Kerry Staffer. Money quote: "Ran into somebody today who still has a job. ... I found myself wishing I could push her down and kick her"

So far I have taken the 2000 and 2003 CivPro exams writen by my teacher and I always manage to miss one thing that I should have gotten. But then again, I am short changing myself about an hour each time because I get too bored. Wish me luck (test is on Thursday)

The most unsurprising news of the year

NY AG Eliot Spitzer: "I have decided I will run for governor in 2006," the New York Democrat said. "The state is at a point of crisis," he said. "The state is in dire need of leadership that will address budget issues, tax issues. We are bleeding jobs. We need reform in the process of government." His announcement comes just two days before the campaign committee stages a $1,000-a-person fund-raising lunch in Manhattan aimed at raising more than $2 million to add to its $5.5 million coffers.

And Eliot is the man to do it. A pro-business New Democrat who has gone after corporate crime when Bush's SEC looked the other way, Spitzer has been a headline whore for 4 years now and shouldn't have a name recognition problem. As NY Governor George Pataki's spokeswoman Lisa DeWald Stoll once said, "We all know that A.G. stands for aspiring governor."

Equally good for him, someone (maybe it was him) talked Chuck Shumer into staying in the Senate and taking over the DSCC job. I guess the idea is that Hillary might come begging to Chuck for money, but really, it will be the other way around.

The Journal reports of a Zogby poll which has Spitzer leading Gov. Pataki 44% to 41% of likely voters, with ex-NYC Mayor Rudolph Giuliani, topping Spitzer, 52% to 36%. However, "Giuliani hasn't shown any interest in the governor's race." Psst, that's because he is planning on running for President, and a governor's race will just complicate things and force him to run to the center (away from his new found conservatism).

For what it is worth, The Third Avenue proudly endorses Spitzer for NY Governor. He's our kind of Democrat.

Waging war over the war, 2 years later

I wish someone could explain to me why liberals love fighting the same battles over and over, like Bill Murry in Groundhog Day. The purfect example is once liberal icon Ralph Nader, who thought it would be fun to fight for the New Deal again by making such a fuss in 2000 (and 2004).

The big bloggers are currently having a meta-debate over the Iraq War. Atrios believes that those who didn't support the invasion of Afghanistan weren't necessarily against war in general while CalPundit and Matthew Yglesias take the opposite position. All three were against the Iraq war and all want to talk about why the Michael Moore's of the party get shamed while the Bruce Reed's stay in prominance. [see BOPNews' summarization and discussions]

It all makes me feel like Punxsutawney Phil. There is definately something to what Kevin Drum and his camp is saying, that is, many of the people that opposed the invasion of Afghanistan are pacifist-leaning. Of couse, not all of them are. I am still very tired of refighting the war about the war.

There's no doubt in my mind that our generation will be talking about Iraq the way my parents talk about Vietnam. And my kids will be like who cares? I guess the reason for the constant refighting is to remind ourselves that the Baby Boomers finally came completely full circle. In the 80s and 90s they succomed to greed and in the 00's they gave into military might over right. They are now the people they were railing against in the 60s and 70s. Ironic isn't it? Of course, this is another generalization that doesn't fit all. But I am sure polls will back me up on the Baby boomers being at least marginally (52% or something) in favor of the war at the time and for most of it.

All this rediscussion makes me understand why my conservative friends get so exaspirated with liberals. You never see such hand-ringing and re-navel gazing amoung conservatives. Everything is honky dory when you are winning. We will see if they have a bout of re-examination if they lose big time in 2008. But I doubt it will be as bad as the ones Democrats and other progressives have been doing for 4 straight years now.

Anyway, I should get back to Civil Procedure. Enjoy folks.

The Nuclear Option

Since I took a Civil Procedure practice exam yesterday (the reason there was no posting on Saturday), I thought I would share this nugget of scary knowledge I gained from learning about Article III of the Constitution: Congress has the power to create, and hence get rid of, the District Courts and Appellate Courts of the Federal Court system.

If in 2006 the GOP win enough seats to have a 60-40 majority in the Senate (unlikely but possible) or they get rid of the filibuster rule altogether right now, they could pass a bill to remove these two lower federal courts only to recreate them the next day and George W. Bush would get to appoint the entire judiciary save the Supreme Court (which it looks like he will get to appoint at least one now that Rehnquist can't even talk).

Now my CivPro teacher assured me that such a move, while technically possible, is politically untenable. That might be true because even many hard-line GOPers would freak out about such court packing and seeding such power to one president. After all, these new Judges would be there for life.

Still, the GOP has such discipline and force to drag its members of Congress further and further to the right with fealty oaths to the party's dogma and the will of George W. Bush. All I am saying is, I doubt Karl Rove hasn't had a wet dream about this one. If they could do it, I think they would try.

After all, Bush et al doesn't seem to care about how he is perceived or how many people he alienates, as long as his people stay in power. Happy nightmares everyone.

Kerik's Legacy

via The Onion

Emptying the cabinet

So now Tommy Thompson is out too, and ex-Senator and UN Ambassador John Danforth as well (because he didn't get the secretary of state job, the baby). I wonder if Tommy will try for governor of WI again or if he too will try for President in 2008.

According to the rumormill, Bush wanted Giulliani to be his Homeland Security Director, but Rudy turned it down (he doesn't want to be under Bush's thumb in the race for 2008), so Rudy suggested the guy who held Pataki's coat during 9/11: Benard Kerik, the ex-NYPD chief. Kerik's done a great job training the Iraqi army hasn't he? Boy, they are just whipping out the insurgents and with no help at all from the US/"Coalition" [hopefully you could tell the last bit was scarastic]!

I am assuming that Bush will be the kingmaker in 2008, but I wonder if there will be Bush-fatiuge amoung even conservatives by then. I was tired with him on January 20, 2001 12:00:000000001. Didn't like the way he walzed up to the podium.

Ukraine gets a second chance at Democracy

Good news. In Kiev, the Supreme Court declared the results of the disputed presidential runoff election invalid and that the runoff should be repeated on December 26, just what Yushchencko wanted. Look for every Western country and the UN to send observers to make sure there is no funny business this time.

Ukraine up until now had had the best democratic government, in terms of free elections, in the former USSR. I am pleased that they will continue down the old road and not on the Putin/Bush/DeLay ends justify the means route.

This was a victory also for Yushchenko, the so-called Ukrainian Al Gore in this election (only that his proof of a stolen election was much more complete than Gore's), who didn't want a new election altogether. His yellow-wearing supporters contended that Yushchenko had won the run off [got over 50%] despite the results touting a plurality win for him. Current president Kuchma and his party have been so embarrassed they have been trying to drop their candidate Yanukovych like a rock, despite Putin congratulated Yanukovych on his victory three times.

In news more related to the US but still Ukrainian themed the Wall Street Journal reported, "the Ukrainian Parliament, which earlier this week passed a no-confidence vote in Mr. Kuchma's government, raised its pressure on him, calling in a nonbinding vote for a withdrawal of the nation's 1,600 peacekeepers from Iraq, where they make up the fourth-largest contingent."

"'Due to the sharp deterioration of the situation in Iraq, the Parliament addresses the president with the proposal on withdrawal of [Ukrainian] troops from Iraq,' the resolution said. The chamber voted 257-0 in support of the proposal. Forty deputies who were present did not take part in the vote."

"Most Ukrainians want the troops brought home, and the deployment has been a rare topic of agreement between the two rivals vying for the presidency. Both Mr. Yushchenko and Mr. Yanukovych support a pullout."

So who's number 3? Poland or Australia? How is this a coalition? I still chuckle with sadness when the Pentagon or the press say "coalition forces." I still can't believe 53 million Americans think Bush has the best handle on fixing the mess he created by choice. "It's your bed, lay in it."

Absurdity has a new name

It's mandatory minimums. The idea behind taking the sentencing phase for drug related crimes was to create uniformity and more importantly, for politicians to claim (in the Nelson Rockefeller mold) that they are "tough on crime,"

The Wall Street Journal reports, "when it comes to measuring the weight of drugs, procedures around the country are anything but standard. The amount of cocaine or marijuana in the defendant's possession is just the start: What really matters is how much a person intended to procure or produce. That question leads the justice system into a speculative realm where botanists, chemists and forensic scientists imagine what might have happened if the defendant had had more time or skill."

"... Prosecutors and defense lawyers have debated, for example, whether a man who hoarded bags of Chinese tea could have made a significant quantity of speed from it were he an expert chemist -- which he wasn't. Another man was caught growing thousands of baby marijuana plants. Had they grown up, how much marijuana would they have yielded? The answers to such questions can mean the difference of a decade or more in a prison sentence."

"The Supreme Court is now weighing whether the federal sentencing guidelines are constitutional. " I hope they say no. The whole thing is idiotic, that someone who caught with a couple bags of weed should do more time than someone who tries to blow up a plane.

We should make sure the judges in our city, county, state, and country are compassionate but fair and tough on crime and drugs. The legislature has no business taking away the judge's gavel on these issues, in my opinion. The arbitrariness of sentencing when it comes to predicting how much drugs they would have made is even more silly.

Donnie Fowler for DNC

I know I said good things about Dean, and good things about Simon Rosenburg, and bad things about Terry, but now my mind is made up ex-Clark Campaign Manager Donnie Fowler is my pick. I also know that he was the fall guy (and maybe partly to blame) for Clark's stumble out of the gate that probabbly cost him the nomination and maybe the presidency. But I am a forgiving guy and Fowler's rhetoric is right where I stand:

The Democratic National Committee

Embracing the New Politics and Perfecting the Old
Donnie Fowler, Candidate for DNC Chairman / November 2004

In a time where America's progressive movement and the Democratic Party feel the pain of defeat, Democrats must reaffirm our soul and commit ourselves to the new politics while perfecting the old. Today's Democratic Party is the legacy of our nation's greatest accomplishments - the American Revolution, abolition of slavery, giving women the vote, the right to organize, winning two world wars, and the civil rights movement. Standing up for this tradition is the charge of the DNC and progressives everywhere.

Democrats must stand up for our beliefs and take risks. Democrats must be defiant in defeat. When we lie down, we get run over.

Democrats must cross the values threshold. Democrats love issues, but we must remind voters we have a soul before we convince them that our policies make sense.

Democrats must find new voters. To return to power, Democrats must maintain the loyalty of traditional Democrats and recognize that huge parts of the electorate have arrived, changed, or shifted in our country over the last forty years.

Democrats must remember that voters don't live in Washington. Conventional wisdom and an aristocracy of consultants have created a national party that has lost the handle on what is truly important to voters and what is really happening in their lives. Local people know better. Let them lead.

The Democratic Party must increase its communications capability. Democrats must communicate year round with voters where they live, through their local news outlets, and by using trusted local opinion leaders. Regional political and communications offices plus a true understanding of new media and new technologies are essential.

We must form a shadow government. The DNC should coordinate the Party's leadership, not just our congressional members but also our governors, party chairs, DNC members, and leading thinkers. The Democratic Party needs a single entity, acting as a clearinghouse, so that the resources and message of the progressive movement do not duplicate each other or directly conflict.

We must raise money. Continued fundraising success requires a message that attracts donations and proof that the money produces real results.

We must measure what we do, hold ourselves accountable, and review our progress. The DNC must perform more like a business by setting measurable goals, quantifying its progress, holding staff accountable, and reviewing its activities on a semi-annual basis.
- - -


Donnie Fowler has achieved a leading role in political and high technology circles through his work in Silicon Valley and at the Federal Communications Commission, service in the Clinton White House, and work on six presidential campaigns. He has advised dozens of companies, policymakers, public advocacy groups, and political campaigns on how to manage their media, policy, business development, & technology agendas.

Six Presidential Campaigns / Four Presidential Cycles
o Gephardt '87-'88, Jackson '88, Clinton/Gore '96, Gore/Lieberman '00 (National Field Director), Wesley Clark '03 (Campaign Manager), and Kerry/Edwards '04 (Michigan State Director)

Political and Campaign Work in Fourteen States on the Ground
o S.Carolina, Iowa, New Hampshire, Connecticut, West Virginia, Ohio, Michigan, Wyoming, California, Tennessee, Mississippi, Alabama, Florida, Virginia

Technology & Telecommunications Background
o Federal Communications Commission ('97-'99)
o TechNet, Silicon Valley ('01-'03)

Courtesy of MyDD and DailyKos