See, I can actually understand why this guy wants to ban the ownership of guns by private families. Unfortunately for him, so can everyone else: "Brooks organized the protest at Rutgers University - 2,000 people were supposed to show up, and only 3 actually made it to the protest."
Maybe it's the messenger.
Personal = Political
War Games
I've mentioned in the past my respect for Colonel Sam Gardiner, in spite of his attachment to conspiracy theories about US politics. Still, he used to be a top war game specialist at the National War College, and has done some impressive work over the years in modeling conflicts. Consider this old Wall St. Journal piece on India-Pakistan war games.
I saw this morning (via the excellent Arts & Letters Daily) that The Atlantic got Col. Gardiner to lead a war game on a US-Iran conflict. AEI's Reuel Marc Gerecht was involved as well. The article describes the results as "sobering," but I think they're wholly predictable. We all understand that a limited military strike would not be sufficient to derail Iranian nuclear development because they have spread out their resources and hardened them. We understand that a full-scale regime change would run into absolutely massive domestic and international political pressure -- the domestic pressure being the important part. The public seems to have the required patience to see through Iraq, but doesn't look likely to want to start fresh with another nasty insurgency.
This, the Atlantic team concludes, means that there is "no military option." I don't think that's right -- and indeed, a military option is absolutely necessary, so it has to be developed even if there weren't a 'regular' one on the table. As even the (Woodrow) Wilson Center recognizes, "it is as great a mistake to conduct diplomacy without considering military means as it is to wage war without diplomacy."
[S]tates that attempt to conduct complicated and dangerous diplomatic initiatives without the support of credible military options frequently fail to accomplish even their immediate goals—and sometimes create more severe long-term problems. The greatest danger lies neither in using force nor in avoiding it, but rather in failing to understand the intricate relationship between power and persuasion. Some rulers rely excessively upon the naked use of force, some upon unsupported diplomacy. History shows that the most successful of them skillfully integrate the two.Yet there are some serious problems in the face of all the suggested military options here -- and additional concerns as well. "What if they move first to pre-empt us?" is a question that has to be asked -- with the probable answer, "As that becomes a serious risk, we have to move even faster." But move where?
This is not a rhetorical question. We've got some good military science thinkers on this board. What options do you see that aren't discussed here? What other thoughts do you have? Let's run our own war game, and see what we might come up with.
UPDATE: The Belmont Club points to an Army War College paper on the same subject. It is titled, "Getting Ready for a Nuclear-Ready Iran."
Plantations
I didn't have time to blog yesterday, so I missed these insightful comments from the Honorable Senator Clinton.
"When you look at the way the House of Representatives has been run - it has been run like a plantation," she said. "You know what I'm talking about."I really don't. Other than that she wished to invoke some extremely negative imagery, and stoke racial resentment by choosing images associated with slavery, I can't imagine what the analogy is supposed to be. At least when people compare Bush to a Nazi, they can point to the Reichstag fire and compare it to 9/11. It's a false comparison, but at least there's something for the conspiracy theorist to hang his hat on.
The New York Times version offers the next line in her quote, which clarifies the thrust of her argument without clarifying what the analogy is supposed to be:
"It has been run in a way so that nobody with a contrary point of view has had a chance to present legislation, to make an argument."According to the clerk of the House, there were more than six hundred roll call votes in the last session. Glancing through a few of the pages recording them, I can see that a number of these votes passed, and a number failed. The existence of failed votes suggests that the majority, though it is not necessarily passing laws it disagrees with (why should it?) is letting such legislation come to a vote on a regular basis.
If you know anything at all about Congress, you know that no important vote occurs without endless debate, starting pre-committee and carrying on to the final vote. So, I would suggest that the Honorable Clinton is wrong to say that there is no chance to make an argumen, or to present legislation.
It is true, no doubt, that it's difficult to pass legislation when you are in the minority in both houses of Congress. That's rather different from being on a plantation, however, where there is no such thing as a vote at all. Indeed, even if you were not a slave but a cousin or child of the owners, there's no reason you should expect to get a vote in how things were run.
There is no obvious insight into the problem of being a minority party in a democratic republic that arises from this comparison. As such, I suppose it was only an expression of resentment and an attempt to stoke the same in the hearts of others. Yet, if your major means of influencing the system is through argument -- because you are a minority party, you have to persuade others to join your position -- this is a poor way to carry on with it. A little more thought, and a lot less bomb-throwing, would go a long way to easing the problem Sen. Clinton faces.
Reason
I post two examples today of blessed reason in a highly charged debate. The first is from Kim du Toit, speaking of "infringement" and the Second Amendment. While I disagree with some of his underlying assumptions, that is not the point here. The point is that the Second Amendment is as near to his heart as a thing can be, and he comes to a set of conclusions that ought to be soothing to anyone who fears 2A advocates to be unreasonable.
You can (as I do) disagree with the particulars, while recognizing that this is the mark of a reasonable man. The Second Amendment's partisans are wary of 'compromise' only because the opposition openly uses compromise as a "Death by a Thousand Cuts" strategy. If met in good faith, however, a genuine compromise would be possible -- if we could all agree that the issue was settled, and leave it at that. Because every 'compromise' is met with immediate, renewed pushes for still more concessions, you end up with the hard line that has come to characterize the debate.
The second is a post from Geek with a .45, or rather, the comments to that post. The post is against the SWAT mentality that has overcome many law-enforcement agencies (for a defense of that mentality, see Man Sized Target). In the comments, a police sergeant ventures out, expecting to be roundly flamed -- not an unreasonable expectation, given the heat of the comments prefacing his entry to the debate.
Instead, he was met with great civility and respect. His point was an excellent one, and well made. No one drew a straw man around it to attack; no one made any use of flame-war rhetoric. That's the way debate should be conducted.
Religion
Francis J. Beckwith has a review of a new book on the separation of church and state. I was not aware of the Ku Klux Klan's role in the move of that doctrine to the fore of American jurisprudence, as a result of anti-Catholic prejudce -- if the book is correct in its assertion, that is.
To some degree I am reminded of (former?) reader Robert M's repeated argument that the old and valuable law of Posse Comitatus should be set aside because it was passed out of anti-black sentiment among legislators. Most Americans are entirely satisfied with the notion of separation of church and state, even if we feel that the separation of "state" from church shouldn't mean that individuals who serve in the government should be banned from making decisions based on their religious principles. While it may be true that the KKK was behind this doctrine's rise, the doctrine points to something we have found to be useful and broadly beneficial when it is applied moderately.
We have read that the road to Hell is paved with good intentions. It seems the reverse may also be true. A good idea, fielded in the service of a bad intent, can remain a good idea once the original advocates of it have passed away. Those who inherit the idea, being either unaware of or not interested in the bad intentions, keep what is good and discard what was bad. This points to a particular genius in the American system: not only do good ideas often rise to the top, but even bad intentions are often expressed as the cynical misapplication of what is a generally good idea. Once the bad intentions wear away, we are left with just another good idea.
I tend to think that the American courts have taken the doctrine of separation a bit too far, but also that the doctrine does point to a useful ideal. American society works best when religion is not used as a weapon against one's fellow citizens, but only as a weapon against one's self. Insofar as you wield the sword to strike down the evil in your own heart, you and your society benefit from it. The individual Senator or President can benefit from that practice as much as ordinary men or women, because of course they are nothing other than ordinary men or women.
This brings us to the second article, from the Wilson Quarterly, on an attempt to rejoin 'progressive' politics and religion. Or perhaps not religion, exactly...
A good sense of the continuing moral and political import of this American vocabulary of the spirit comes from Barack Obama, the recently elected Democratic senator from Illinois. Obama has said that, despite the results of the 2004 election, it “shouldn’t be hard” to reconnect progressive politics with religious vision: “Martin Luther King did it. The abolitionists did it. Dorothy Day did it. . . . We don’t have to start from scratch.”The article also offers an interesting history of religion in American politics, from a different perspective. As this is MLK day (I am reminded by Sovay), it is probably a good idea to reflect on how he informed, and continues to inform, American politics.
Perhaps Obama’s most telling remark came in his observations about his mother’s faith: “My mother saw religion as an impediment to broader values, like tolerance and racial inclusivity. She remembered churchgoing folks who also called people nigger. But she was a deeply spiritual person, and when I moved to Chicago and worked with church-based community organizations, I kept hearing her values expressed.” Obama’s invocation of “spiritual” as an inclusive term, inextricably interwoven with the “broader values” of American democracy, is important and carefully chosen diction. It not only conjures up Whitman’s ghost but also suggests some of the poet’s own audacity.
One thing that is little known about the man is that he had a certain number of deacons who served as armed bodyguards. This fact may seem difficult to absorb, because of MLK's focus on nonviolence, and his personal willingness to be the target of violence as part of his method for bringing about change. He famously allowed violence and injustice to be visited upon him, in order that he might better spread his message.
Although this first seems odd, it should not be so difficult to understand: Jesus did the same thing. In Luke 22:36, Jesus bids his followers to sell their garments if necessary to buy a sword, knowing he will soon be taken by the authorities. But he will not allow his followers, though he bid them be armed, to defend him from being taken: that was to his purpose. In an age when people often ask "What would Jesus do?" it is worth noting that MLK actually did what Jesus would do: he exposed himself to violence that justice might arise from it, but he urged his followers to be prepared to defend themselves, and others of his flock, from the predations of the wicked.
MLK could follow in Jesus' footsteps because Jesus walked there first. Only because the message of Christianity lay underneath American society could American society be moved by an example of this type, just as Gandhi's example worked against the British in India. Nonviolence as a method of social change, I am far from the first person to note, relies upon an underlying morality in the society you're trying to change. American society was predisposed to justice, even though it was not yet capable of achieving and making real that justice.
That is why nonviolence worked. American society was shocked into making the hard changes necessary to achieve justice precisely because it hated seeing itself engaged in violence in the cause of injustice. America was not a wicked society, but only a society that was failing to live up to its ideals. The fact that it changed in response to MLK is proof of this: if it had been a wicked society, it would not have cared.
New Links
I've added a couple more links to the sidebar. As usual, I don't get around to editing the template often enough, and so I forget things or let them go too long. If you feel like I ought to be adding your site to my list, send me an email or leave a comment.
The first is reader Dad29, who has some interesting things to say about local politics, and is a Calvin & Hobbes fan.
The second is Dr. Helen, who is surely my favorite psychologist. That isn't saying much, as longtime readers know all too well, so I should probably say something nicer about her than that. Much like the Geek with a .45, I enjoy and am impressed by her disdain for the orthodoxy of the "discipline" of psychology. But far more importantly than that, I respect her disdain for death.
There's an old story I recall hearing from a Zen Buddhist on the subject of a young man of the samurai class who came to a swordsmaster seeking teaching. He said that he knew nothing, but begged for instruction so that he might become a swordsman and not disgrace his family. At last the master admitted him to the school, and said, "Come here and let me see what you happen to know already." He took up a wooden practice sword, and the young fellow the same, and they took their guard and their eyes met.
The master watched his new student for a moment, and said, "You have lied to me. You are no student. You are a master."
"Not so!" the student replied. "I have never studied a day in my life."
"This cannot be," the master objected.
"Yet it is true," replied the student. "Though, there is one thing. I have never had the ability to study swordplay, but I did not wish to bring disgrace on my family through cowardice. So, for these last several years, I have practiced dilligently to eliminate the fear of death from my heart. But that is the only skill I have learned."
The master set aside his practice sword, and took up instead a pen. He wrote out a certificate of mastery for the student, and sent him away. "Go forth," he said. "There is nothing more I can teach you."
Is that true? Of course it is not. But there is a truth in it, all the same.
Alaskan
Oh, yes. A .454 Casull fired out of a 2.5 inch barrel -- OOH-RAH! Gonna have to get one of these some time. I'll wait a few months, though, for the first set of folks who buy them to return them to the stores after they sprain their wrists. Should cut down on that hefty pricetag.
Still, looks about right to me. Yeah, it looks good.
R. James
So the old song asks, about the good Reuben James. But did you know who Mr. Reuben James was?
In the ensuing skirmish, Reuben James positioned himself between Decatur and an enemy blade, saving Decatur's life. For the rest of the war, James continued to serve Decatur aboard Constitution and Congress. During the War of 1812, he served on the United States, under Decatur, and on the President. On 15 January 1815, however, President was defeated by the British and James was taken prisoner.And that, brothers, is why -- even after the disaster of 1941 -- we still have a ship called the good Reuben James.
After the War of 1812, Reuben James resumed service with Decatur, aboard Guerriere, and participated in the capture of the 46-gun Algerian flagship Mashouda on 17 June 1815. After peace was made with the Barbary states, James continued his service in the Navy until declining health brought about his retirement in January 1836. He died on 3 December 1838 at the U.S. Naval Hospital in Washington, D.C.
Ethics & Politics
As we were just discussing the other day, for both Plato and Aristotle the correct politics were a natural outgrowth of the correct ethics. The two things were natural in the sense that correct ethics was directly related to the nature of man; and correct politics was merely an extension of ethics to society. Once you know what the right kind of man is, you build a society that encourages and develops that type. This understanding is the foundation of Western culture.
Ethics and modern American politics are only very barely connected. In the last several posts, we've talked about the extreme social importance of having a Congress that can be trusted to watch over the secret programs run by the Executive -- and the fact that none of us, not the Executive and not the People, really trust Congress as it currently stands to do that. For now let us leave aside the question of whether Congress doesn't deserve it because its members are naturally corrupt, or because the fact that it hasn't been required to take moral responsibility for the programs through proper oversight. The point is we absolutely need a Legislative branch to oversee secret Executive programs. It is a critical function for the continued survival of the Republic. Without that, trust in government will break down to the degree that either the 'red states' or the 'blue states' will be on the edge of insurrection. Civil war -- let us be absolutely honest, Civil War and nothing else -- lies down that road.
The situation is not better at the state level, even relatively sane states like my beloved Georgia:
Teddy Lee just got fired as executive secretary of the State Ethics Commission. It is your loss - and a big one.It's true also in Steel City Cowboy's state, where the government is actually trying to destroy the newspapers to punish them for stopping an illegal government pay raise.
He was sacked by a bunch of politicians who couldn't bend him, fold him or intimidate him from representing your interests above theirs.... Ethics - like motherhood and apple pie - is something all politicians pay homage to, but that's about all they do. Perdue is touting new ethics laws that have just gone into effect, but the law has more holes in it than Bonnie and Clyde.
For that reason, I gladly sign on to the Center-Right insurrection on ethics. We've come to the point at which ethics is a national security issue. There is no getting around it. It was one thing during the 'fat and happy' 1990s to play at ethics. No longer. We now need a Congress we can trust, so that the minority -- whether red or blue -- can trust its findings. Oversight has to matter, and it has to be honest and reliable.
We need ethics and politics to be rejoined, or the nation will not survive. It cannot survive, with half of its populace believing the most active branch to be in violation of its basic principles, and with no one that half can trust to engage in oversight. The matter has become critical.
GA politics
I see that Feddie of Southern Appeal has joined the re-election campaign of Governor Sonny Perdue. The race is of interest to me. Although I am currently a citizen of Virginia by virtue of residing there, by birth and in my heart I am a Georgian, in exactly the way that Thomas Jefferson ("my country is Virginia") was a Virginian.
I haven't decided whom I'll support, mostly because the opposition isn't yet clear. I am, however, going to take a moment to point out that Sonny, in the picture he posted on the governor's homepage, bears a remarkable resemblance to another famous politician.
Hopefully, Sonny has a better platform (and a less wily opponent).
Moose Drool
Anyone who happens across some of this is invited to send me some. It's apparently available in Minnesota, where I know for a fact I have at least one loyal reader who ought to want to send me some beer.
NSA
I realize that (a) government secrecy is something that you've all heard me beat the drum about perhaps one too many times, and (b) there are good reasons for a certain amount of secrecy, particularly in national security matters. But how can this possibly be true?
The National Security Agency has warned a former intelligence officer that he should not testify to Congress about accusations of illegal activity at NSA because of the secrecy of the programs involved.The Washington Post has more on the question of how the Congress fails to oversee Executive Branch programs. It sounds as if this is a general failure of both institutions, the Executive and the Legislative branch: the Legislative for not insisting on full oversight and access to information on these critical programs, and the Executive for accepting the lack of oversight. I'm sure it makes things easier, but it's like permitting your drunken co-pilot to sleep through pre-flight: it's probably easier to get pre-flight done that way, but there's nobody checking your work. If the co-pilot is unfit, your job is to say so, not to try to do it all yourself. There's too much at stake.
Renee Seymour, director of NSA special access programs stated in a Jan. 9 letter to Russ Tice that he should not testify about secret electronic intelligence programs because members and staff of the House and Senate intelligence committees do not have the proper security clearances for the secret intelligence.
Miss Seymour stated that Mr. Tice has "every right" to speak to Congress and that NSA has "no intent to infringe your rights."
However, she stated that the programs Mr. Tice took part in were so secret that "neither the staff nor the members of the [House intelligence committee] or [Senate intelligence committee] are cleared to receive the information covered by the special access programs, or SAPs."
The Department of the Navy shows the way:
The Navy has issued a new regulation heavily restricting the use of compartmented security classification to preclude or impede oversight of sensitive programs.He is right to do so, and deserves praise for this course -- although the article raises other questions about the alternative he's proposing. "So here is a program for compartmentalizing information where the security standards internally are the same as an SAP, but the compartment is easier to establish and the program doesn't have to be reported to Congress!" Well, if that's what it boils down to, that's even worse -- although presumably the Navy wouldn't advise you not to testify to the Senate Select Committee.
After an internal Navy audit begun early last year found that secrecy was being used to restrict Congressional, Defense Department and internal access to potentially controversial or even illegal activities, the Chief of Naval Operations directed a wholesale review of compartmentalization.
We the People can't have full access to every bit of information, for practical and unavoidable reasons related to the need for some secrecy. Our representatives, however, have to have that access -- and they have to insist on using it, and use it well. They have failed to do so, and the Executive branch has taken advantage of their lapse rather than insisted on them doing their part. We must, as citizens, demand a higher standard from our elected representatives.
Evidence and Proof
(also posted at Wilde Karrde)
During the West-ward expansion of America, many people found themselves in wagon trains traveling across plains and deserts. Occasionally, they found themselves trapped by winter weather far short of their destination, and went through extreme hardship before spring came.
One such party was the Donner party, which began travelling towards California in 1846. Trapped by snows in the Sierra Nevada mountains during the winter of '46-47, the party was forced to eat anything they could find, including their own pack animals.
There are also debates over whether the party ever resorted to cannibalism of their dead members.
Very recent research into the subject is outlined by David Nishimura at Cronaca. Historians cannot prove that the cannibalism did happen, but they can prove that human bones buried there weren't charred.
It is a case of absence of evidence. We don't have direct evidence to prove that survival cannibalism occurred. As David argues in his short post, this is not absence that no such cannibalism occurred. From his own research into other such claims, he knows that such events rarely leave evidence behind in the form of charred bones.
This simple discussion of a grisly subject reminds me of many other discussions that have been held recently. From the question of what happened to Saddam Hussein's weapons labs to the question of whether the President was right to order wiretapping of suspected terrorists calling friends in the United States, we are dealing with situations where there is absence of evidence on at least one side of the case.
However, the absence of evidence does not prove that that we have evidence of absence. This applies equally to questions about the legality of Top Secret programs, the historicity of survival cannibalism, data sent by CIA sources all over the world, and knowledge about another government's secret weapons programs after significant effort by that government to hide most of the data from the outside world.
The fact that we don't have direct evidence about the Iraqi weapons program does not mean that we have direct evidence that the weapons program never existed and was never a threat.
Likewise for the legality of wiretapping by the NSA. The fact that we don't have the evidence to show that the wiretapping was legal does not mean that the wiretapping was illegal. It means that the evidence is unavailable to us right now.
CON ST Troopers
Connecticut State Troopers obviously draw on a pool of fine individuals.
Droid death
Also from my sister, a list of 'get a human' shortcuts for many major corporate and government phone systems. Handling the finances and such things here at Grim's Hall, I've had a fair part of my life stolen by these computerized beasts. By all means, let's frustrate them if we can.
The Alito Nom
In deference to poor Cassandra, who wants more Alito, I'll point you to Mondo Alito at PajamasMedia, which has gathered a lot of posts from all sides of the debate.
Meanwhile, from the old journalism school, The Ft. Worth Telegram has a very useful roundup:
Sen. Mike DeWine, R-Ohio: This hearing is really our opportunity to fully and fairly evaluate your qualifications for the high court, but what I really want to do is give a lengthy explication of my feelings about Roe vs. Wade. The mere fact that Roe has been upheld for more than 30 years does not mean that it’s entitled to special deference. Is Roe Supreme Court precedent? Certainly. But in my view, it is not super-precedent or super-duper precedent. It is precedent. Nothing more. Now, I want to turn to another topic ...Unfortunately, I haven't been able to find a transcript for Biden's war-powers question. It's one of the more interesting Constitutional issues, and a relevant one. The closest I've found is this account, which isn't thorough enough.
Though I am not a lawyer or a judge, I am a citizen, and one who believes firmly that the final right to interpretation of the Constitution lies with the People. As such, I think we all have every right to develop our own opinion of what the Constitution means and ought to mean, independent of what the courts and legislatures say it means. I'm glad to consider arguments from either source, but also from history and reason. In that spirit, let's examine the War Powers question.
Alito is correct to say that the issue is unsettled as a matter of Constitutional law. On the other hand, as a practical matter there is something of an agreement: almost every President of the 20th century 'went to war' somewhere without a formal declaration of war from Congress. Congress retains the power to declare war, and in fact the power to stop it -- by cutting off funding for military operations. Yet it has decided to allow the President a great deal of liberty in conducting military operations.
Even the War Powers Act, passed because of concerns arising from Vietnam, only requires the President to inform Congress. So, as a practical matter, yes -- the President could invade Iran tomorrow, so long as he informed Congress that he had done so.
The Supreme Court has not declared the War Powers Act to be constitutional or unconstitutional, because it has never been asked to do so. Neither the Presidents of recent years, nor the Congress, has desired a formal ruling that might go against them. They have chosen, reasonably, to conduct themselves by informal compromise.
Biden apparently asked if the President "can just go ahead and violate international law ("that's the administration's position," said Biden)."
The answer to that question, as I understand it, is that it depends on what is meant by "international law." If it refers to anything informal, or treaties we haven't ratified but which have been ratified by lots of other countries (e.g., the ban on cluster bombs), or the fact that lots of allied countries have similar laws 'so we should have one too,' etc., then neither the President nor Congress is the least bit bound by "international law."
If it means "formal treaties which the United States has signed and ratified," then the US is bound by them unless -- I would argue, and support any President or Congressman who acted on this understanding -- that treaty violated one of the protections of the US Constitution, such as freedom of speech.
However, even then there is a lot of room. What happens if the US acts in a way it feels is consistent with the treaty, but (say) France and Russia feels is a violation? That's a question I would like to see addressed by Alito, if anyone feels inclined to ask a real question. To some degree there's a domestic analogy in the NSA spying -- if the President and the US Justice Department feel it's legal and constitutional, to what degree does that merit deference from the Supreme Court?
My sense is the answer is, "To no degree in cases of rights; to some degree in cases of power; to a great degree in cases of international opinion."
The Supreme Court is meant to be independent of the other branches. If the President, the lawyers at the Justice Department, and the majority in both houses of Congress agree on a point, the Court should take note of it. However, if it is deciding a case that influences the fundamental rights of US citizens, it ought to be willing to decide in favor of the rights of citizens even if there is near perfect unity among Congressmen and the President's men. If the Court is convinced that fundamental rights are being violated, it ought to set the matter straight in spite of every other branch of government.
In cases where rights are not an issue, but the powers of government are, the opinion of the President and the Justice Department should be taken into consideration along with the sense of Congress. However, they should be of no more weight than the opinions of state-level justice departments, in Federalism cases. If the Federal Government and Texas disagree about whether something is legal, they ought to be equals before the court.
If a case of "international law" came before the Court, the fact that the President and Congress believed they were doing right should have great weight. France or Russia's opinion should have no standing at all. The Supreme Court should consider only the question of whether the President or the Justice Department's interpretation holds water, and is consistent with the Constitution.
There is an underlying principle here, which is this: that the Constitution exists for a purpose, and that purpose is "to secure the blessings of liberty to ourselves and our Posterity." Fundamental rights are absolutely essential to the blessings of liberty, and protecting them must therefore be the first business of the Court.
Ensuring the success of Federalism is important to the blessings of liberty, as it allows for different people, who will have different understandings of what liberty is and how they want to live, to have the chance to live according to their lights. Balancing Federal and state power is therefore an important concern of the Court, and it should give equal deference to both sides.
Finally, the ability to decide for ourselves as a People is one of the fundamental blessings of liberty. We have won it, and we have defended it; and this government was instituted in part to protect that blessing. The Court has no business handing away any part of that liberty. It cannot give, as a gift to any foreign nation or entity, what they have neither the right nor the power to claim.
Both Right
Althouse snarls at the Durbin-Alito go-round:
Durbin accused of Alito of seeking out ways to decide cases against the little guy and even tried to connect a decision of Alito's to the recent mining disaster. Alito defended himself in his usual way: I decide cases according to the law. That case relating to mining was about the statutory definition of "mine," and the above-ground pile of coal at issue in the case did not fit the definition.Here's how I suggest the judge-so-accused answer the question:
Durbin just repeated his accusation: There's a pattern, a pattern of decisions, you know, the crushing hand of fate. (Crushing miners underground?) Durbin sounds a litttle dimwitted saying this, but his point is one made by some of the smartest people in the legal academy: I don't care what your excuse is for any given case that you might want to explain. I will just retreat to my observation, based on every case you ever decided, that there is an overall pattern of siding with the big guy.
Alito's last response to Durbin, as the time is running out, is the assertion that there are many cases where he has sided with the little guy -- not enough to alter the pattern, the pattern, you know -- and a description of one case where his decision favored a schoolboy who had been bullied because of his perceived sexual orientation -- doesn't matter because there's still the pattern, the crushing-hand-of-fate pattern...
"Senator, you're right. A lot of the time, I am forced to rule against the little guy. No doubt about it -- most of the time.
"But that's because I'm a judge, and the role of a judge is to apply the law, not to write the law. All I can do, if I'm an honest judge, is apply the law as it is written to the facts of the case. And, sadly, the law usually favors the 'big guy' over the little guy.
"That's a problem, Senator. But it's not a problem for judges. It's a problem for legislators. So tell me, Senator -- what do you intend to do about it?
"Because these aren't the only hearings going on right now in D.C. There's another set going on about lobbyists and influence and bribe-sucking legislators. The answer you're looking for about where this pattern comes from, that answer is going to be found in those hearings, not these."
Kids & Cancer
A number of you read the site of long-time Grim's Hall reader and commenter Lizard Queen, which you can find here. You probably saw her recent piece on the her cousin Marshall, who died of cancer at the age of ten.
Well, today my sister sends a link to the website of a friend of hers, who is an oncology nurse. She -- her friend, not my sister -- is taking donations to shave her head, with the monies going to St. Baldrick's. She has a modest goal of a thousand bucks, and a cute little girl with leukemia who's agreed to do the cutting.
CEN Cares
USCENTCOM sends a request that I point you to their press releases for today. I'm happy to do so. Lest anyone care to think of this as 'another military attempt to propagandize etc. etc. etc.," notice that there is a press release on a death of a detainee at Abu Ghraib in addition to the good news.
Good Reading
Via The Donovan, don't miss this article on hand-to-hand combat training for amputee veterans. It used to be that an amputation meant that the Army considered you crippled, but no longer: increasingly, even amputees are being returned to duty if they wish to go, as many do. That being the case, you have to develop a plan for keeping them combat-effective.
One of the examples in the article has actually been rendered blind. The interesting thing about the Army's move to Brazilian jiu-jitsu as its main hand-to-hand technique is that it largely eliminates the problem of blindness -- at least, once you come to the point of the grapple. Jujitsu, more generally, does -- BJJ isn't unique in this. With training and practice, you can learn to touch a person anywhere on his body, and know exactly how every other part of that body is oriented with your eyes closed. Even the most subtle shift in the location of any part is detected.
Now, if the army would just get on with developing those cybernetic limbs with built-in weapons we've been promised...
To counterbalance that story of martial virtue and courage, we have this story from the Daily Telegraph, via Yourish:
The commanding officer of a nuclear submarine berated his officers with such fury that his face became "gorged with blood", reducing subordinates to tears, a court martial heard yesterday.Obviously this British Royal Navy officer missed his calling. He should have been a USMC Drill Instructor instead. Yelling at your subordinates until tears run down their cheeks is considered the height of accomplishment in that line of work. Indeed, it's quite broadly admired as a skill. My father -- who was an Army Drill Sergeant -- used to tell with awe the story of the time they had a Marine DI with them and one of the recruits did something especially stupid with a rifle.
Capt Robert Tarrant, 44, bullied and humiliated his officers while at sea on the submarine Talent, yet behaved impeccably in port, it was alleged.
His conduct led to him appearing before a court martial at Portsmouth naval base, where he denied five charges of ill-treating four officers and one rating under his command through repeated, unjustified, verbal abuse.
His "rants" could last for up to 20 minutes, it was alleged. He would place his face 2in away from the target of his rage and shout. One officer was physically sick, it was claimed.
These are literally matters of life and death, rifles and submarines. You can't touch your subordinates to express your displeasure, not even when they do something that could get people killed. Now, apparently, you shouldn't fuss at them either. At least, not in the Royal Navy.
Recess
At Red State, Stephen Den Beste is wondering if the Democrats in the Senate are playing a gambit:
[M]aybe the Democrats are using obstruction and delay of SCOTUS nominees as a way of goading Bush into using recess appointments to fill SCOTUS positions. If they can do that, it's a qualified victory for the Democrats. For one thing, it would make Bush look like he isn't willing to fight it out in the Senate despite his party having a majority there.I certainly agree that Bush is in danger on the recess appointment issue. He has used it recently in cases where it is apt to draw fire from left, right, and center alike. The left is opposed because they oppose Bush generally, and because Myers a crony rather than a qualified appointee; the right, because Myers isn't a qualified candidate to deal with either immigration or customs issues, which are both serious national security concerns; the center, because Myers represents nepotism and political favoritism over merit, and promotion by merit is a classic American value. It very well may be that obstructionism, not only on SCOTUS but on any candidate, could lead to a campaign issue of the type that SDB envisions.
For another thing, it holds out hope that if the Democrats can move back into the majority in the Senate, that they would have even more leverage over the kinds of candidates who could be approved. I don't think it would break the hearts of Senate Democrats if one or more seats in the Supreme Court actually remained vacant (or were filled by recess appointments) going into the 2008 election cycle because then they could make that a major issue in the campaign.
On the other hand, the problem is that obstructing everyone takes the bite out of the tactic. As SDB himself says:
A lot of the rhetoric you saw about Roberts, and now are seeing about Alito, isn't really about them. Turning women back into second class citizens, rolling back civil rights for non-whites, eroding our right of privacy, strengthening the imperial presidency, instituting a Christian theocracy in the US, etc. etc. is really about the Republicans -- or how the Democrats would like everyone to view the Republicans.That's right, but it's also transparent. The script against Alito and Roberts sounds so similar because there really isn't anything particularly negative to say about either candidate, yet the Democrats in the Senate feel obligated to oppose them vigorously for reasons of fundraising. If there were real areas of concern, we would be hearing about those instead. In the absence of a real issue, you get "fill in the candidate's name here" boilerplate rhetoric that lacks any real power because it is obviously not serious. Boilerplate sounds and feels like boilerplate.
Thus, the other side of the gambit SDB posits is a real risk of breaking down the credibility of Senate Democrats with middle Americans. SDB says they have nothing to lose by playing this out, but in fact they have. Credibility is the currency of the modern world, as The Defense Science Board pointed out in its advice on "strategic communications":
Power flows to credible messengers. Asymmetrical credibility matters. What's around information is critical. Reputations count. Brands are important. Editors, filters, and cue givers are influential. Fifty years ago political struggles were about the ability to control and transmit scarce information. Today, political struggles are about the creation and destruction of credibility.If the Democrats in the Senate brand themselves as "knee-jerk opponents of anything the President does," they could actually end up in a situation in which the President could recess-appoint even SCOTUS nominees without suffering at the polls. The danger of boilerplate opposition is that it undermines faith in the honesty of the opposition. Middle America could end up saying, "Well, you weren't playing fair anyway; what did you think the President would do? Just accept never having an appointment ratified?"
The danger of opposing every nominee with this kind of radical rhetoric is that you end up not being able to oppose the real bad nominees. There's no credibility left for opponents to use, and thus no power. Indeed, this is true even on occasions like Myers' nomination, when "the opposition" includes a number of people who wouldn't normally be in the opposition. The public becomes used to ignoring "the opposition," and so ignores whoever happens to be in opposition on any given occasion. The statements of the opposition are interpreted as the usual background noise, even on occasions when the speakers aren't the usual opposition and the statements aren't the usual boilerplate.
The result would be a critical breakdown of the "advice and consent" function of the Senate, and with it a serious weakening of the Constitutional separation of powers. It appears we are already at the point that recess appointments for director-level assignments can be used without political negatives by the President, even when there are serious qualms about the candidate being proposed. It is not impossible that even the SCOTUS could come to fall into that category. It is not impossible that even genuine bad actors could end up being approved in cakewalks, or by recess appointment.
I think the gambit is a much riskier undertaking than SDB believes. If you worry about the creation of an imperial presidency, you ought to be thinking about how to improve the credibility of the Senate. We can begin by telling our Senators to shut up unless they really mean it.
The End
Mark Steyn rang the bell, and there have been some interesting reactions. Lileks is one, and I think he hits his high note in criticizing what we used to call the counterculture, but which has become so important that we now call it by many other names: multiculturalism, trans-nationalism, and the like. Lileks joins Steyn in being astonished that these folks won't see, or talk about, the danger of radical Islam to the things they care most about:
If the Islamists were Christians, they’d be motivated. That threat they understand, because that threat sounds like Mom and Dad...Doc Russia responded too, wondering if religion is an evolutionary requirement for long-term cultural survival. He posits that the demography will work out so that the American "Red States" overwhelm the "Blue States" by virtue of breeding -- which only may be true, depending on immigration policy. The problem Europe has is that it has been maintaining its population levels by importing people who, two and three generations in, remain alien and hostile to the base culture. Our immigration policy is wiser, which is not to say that it is wise; it just fares well by comparision. Still, it could be improved.
What I don't forsee is the giant culture clash that Steyn and Doc both wonder about. I don't think we'll ever have a single religion that overwhelms the world; even in the height of European colonization, for example, India remained mostly Hindu and Muslim rather than Christian. I do think, though, that Steyn is right to suggest that Europe is going to become far more Muslim in its outlook and law:
This ought to be the left's issue. I'm a conservative--I'm not entirely on board with the Islamist program when it comes to beheading sodomites and so on, but I agree Britney Spears dresses like a slut: I'm with Mullah Omar on that one. Why then, if your big thing is feminism or abortion or gay marriage, are you so certain that the cult of tolerance will prevail once the biggest demographic in your society is cheerfully intolerant? Who, after all, are going to be the first victims of the West's collapsed birthrates? Even if one were to take the optimistic view that Europe will be able to resist the creeping imposition of Sharia currently engulfing Nigeria, it remains the case that the Muslim world is not notable for setting much store by "a woman's right to choose," in any sense.At Doc's place, I commented along a similar line. This stuff is a problem for somebody, but I don't see why it should be a problem for Red State America.
Actually, in a lot of the world, I think we have more in common with Muslims than we do with anyone else. The Muslims of Xinjiang province, China, for example -- they're about as happy with Communist China as we are. I read Malaysian and Philippine newspapers regularly as part of my job (and so can you, if you want; Bernama, the state news wire, is on Google News, as is the Star of Malaysia and several others). I can't help but recognize a lot of North Georgia in the whole attitude expressed by a lot of Muslim provinces: "We're who we are, and we don't want your meddling in the way we do things, so leave us alone if you know what's good for you."Anyone who grew up in the South can probably see what I mean. There is always the church down the road whose members think they're more moral than everyone else -- even the members of the other church down the road, which two years ago was the same church until they split up in a heated dispute over the interpretation of a line from one of the letters of St. Paul. These guys get hot over their particular understanding of the faith, and they will try to enact parts of it into law as the occasion arises. They have every right to do so; it's their country too.
As far as I can tell, that applies to al Qaeda as much as to the US or their own central governments. The Moro Islamic Liberation Front, for example, is happy to help hunt down bandits and Qaeda-linked groups in Mindanao province, Philippines, but will also fight the government army if it comes meddling. The rebels in Aceh, Indonesia, don't have any use for the Indonesian government or the US -- but they also don't like Qaeda-style meddlers, who want to shut down Achenese traditional culture and replace it with Taliban-style non-culture. Southern Thailand is about the same.
There's not a lot that a fellow raised in the American South is surprised to see. They're religious, and they have funny ideas about their religion, but they mostly just want to be left alone. They don't like meddlers, and mostly nobody suffers from their violence but them and people who stick their noses in their business.
It seems to me we could make allies out of people like that, under the right circumstances. After all, we don't give a damn what goes on in Aceh or Mindanao, as long as it doesn't involve people practicing to blow up US skyscrapers or Naval ships. While the rest of the world plots how to better meddle everywhere else -- China, Europe, our own leftists, NGOs, central governments everywhere -- we could get a long way on down the road we want to be on just by supporting these locals.
If you can give them some room to do their thing -- say, a town council, or sometimes even just the church's managing board -- they'll confine themselves to that, and generally leave you alone. They don't really like you or approve of you, but they also don't really care about you. As long as you're not trying to change their town or their church, you can do what you like in your town over the hill. In fact, they kind of like that you do things differently -- it gives them something else to feel superior about.
River Tam was right. It's meddling that gets you in trouble. The best thing, if you're going to be a global leader, is to find a way to support people in doing what they want to do anyway. This is true whether you're trying to be a global leader in law and military power, or a global leader in the selling of computers or fashion products.
The great bulk of humanity, which would prefer to avoid politics anyway, will be entirely satisfied by this arrangement. That simplifies the problem: all that remains is to deal with that fraction of humanity that isn't happy unless they're telling everyone, everywhere what to do. That impulse lies behind not only al Qaeda's push for a universal Caliphate but also the United Nations' hand-waving about "unilateralism" and the various NGOs' constant attempts to bully nations into adopting vegetarianism, or banning guns, or whatever.
Anyone who comes selling a universal answer to a human problem is a danger. Not all of them will be terrorists, nor even violent at all, but all of them are selling something you'd be foolish to buy.
What does that mean for Europe? Nothing. Steyn is right; they're done. It does mean something for America, though, which is that we are likely to remain the leading global power for the forseeable future. We are the natural enemy of the "tell everyone what to do" crowd, whether they are Qaeda terrorists or NGO scolds who want to criminalize "hate speech" or fox hunting. But we're the natural ally of anyone, anywhere, who wants to do his own thing.
Indeed, it's the answer to Steyn and Lilek's question: people of the "tell everyone what to do" type see the US as the principle enemy of their natural impulses. With al Qaeda they differ only on the goals, and hopefully the acceptable methods. With the US, they differ on first principles. Al Qaeda's a competitor. We're the enemy.
Myers Again
Sovay, who knows how irritated I was with the Julie Myers nomination some months ago, mentioned tonight that Bush had appointed her by recess appointment. I realize the administration has a lot on its plate, and probably is only too happy to avoid any fights it can. Also, it's obviously true that the opposition in Congress is given over to both excessive rhetoric, and knee-jerk refusal of anything Bush asks. That has to be exhausting.
Still, the 'advice and consent' part of the Constitution is not meant to be an empty letter. Recess appointments made a lot of sense in 1787, when the Senate might be out of session for months in order for members to travel home and back again. These days, there isn't anywhere in the world that's more than about 24 hours away from Washington, if you're rich and powerful enough to command a private plane -- for example, if you're a Senator.
Why, then, make use of the provision? ThisNation provides a good writeup on the process, and also the remedies available to the Congress if a President seems to simply prefer to avoid debates on his nominees.
While this provision is fairly straightforward, it has produced several differences of opinion between the Congress and the President. How many days must the Senate fail to convene for it to lapse into a recess? Does a position have to become vacant during a Senate recess for a valid recess appointment to be made or does the position simply have to remain vacant during the recess? Instead of allowing the Court to settle these disputes, the Congress and the President have generally agreed to work together to solve them. This makes sense because neither side has a particularly clear interest in forcing the issue. If the President tries to force recess appointments on the Senate, thus circumventing the normal "advice and consent" process, the Congress can refuse to appropriate funds to pay the salaries of the appointees. The Senate might also take the extraordinary measure of blocking future nominations to "teach the President a lesson." Furthermore, if the Senate took a hostile approach to all recess appointments, it would essentially have to remain in session all of the time--an inefficient solution, to say the least."Currently" obviously should be read "until recently." Myers has been subject to quite a lot of concern.
Currently, the President and Congress generally adhere to a procedure for recess appointments that minimizes the potential for interbranch conflict. If the President wishes to make a recess appointment or appointments, he generally sends a list of persons to be appointed to members of the Senate shortly before or during a recess. If Senators express serious concerns about a nominee, the President will likely hold off on the appointment until the Senate is back in session and the normal procedure can be followed.
Senator Joseph I. Lieberman, Democrat of Connecticut, said on Friday that Ms. Myers "really was not qualified for the position." Mr. Lieberman said Congress had intended the position to be held by someone with at least five years' management experience.Lieberman, at least, isn't one of the knee-jerk enemies of the President, although he does vote with his party more often than not. The Times, which is one of the knee-jerks, digs up a couple of Republicans to say bad things about her, and also a National Review editorial. They didn't quote me, but I had one or two or three things to say about it also. So did Froggy, who served as a Customs Special Agent -- that is, one of the people whom Myers will now be commanding. This isn't a case of the political opposition stonewalling out of spite. It's a case of genuine, serious concerns raised by allies as well as opponents of the President -- and the President choosing to simply ignore those concerns, and those allies.
"In my opinion, she lacks the management background," he said. "And one of her key responsibilities is to enforce immigration laws, and she has virtually no immigration experience."
Daniel K. Akaka, Democrat of Hawaii, echoed those concerns. "The head of I.C.E. should be an individual who has demonstrated extensive executive-level leadership and the ability to manage a budget through reorganizations and budget cycles," Mr. Akaka said. "Ms. Myers has not demonstrated this ability."
No wonder they want to avoid a debate. Here is the administration's defense against charges that Myers is an unqualified nepotism appointment:
"She's tried criminal cases and worked with customs agents on everything from drug smuggling to money laundering," Ms. Healy said. "So to say that Julie does not have the prerequisite experience to lead I.C.E., it simply ignores her extensive background working with law enforcement, immigration and customs."Here's a hint, in case you folks at the White House ever want to do this kind of thing again and there's not a handy recess. If you want to convince the public that your appointee is a highly qualified expert and not someone who is simply being promoted due to her political connections, don't have your spokeswoman call her by her first name. It says volumes that she's so close to the White House that they, reflexively and thoughtlessly, refer to her in the most familiar way.
Hard
Greyhawk has some more from the Murtha-Moran town hall meeting.
Hello Mr Moran I'm General Wagner. I'm here tonight, I decided to come at 7:30. And I'll tell you the reason I came at 7:30 is because I want an answer to a letter, to a friend of ours. She wrote this letter to Mr. Murtha, where she pointed out to him that he was causing the insurgents to bring more activity against the soldiers in Iraq, just as the traitors did during the Vietnam war. I was fighting in 1972 with the Vietnamese when people were cavorting with the North Vietnamese.And so he did. Moran's response, far from inspiring, was as off-balance as you would expect from someone who just got hit upside of the head with a sledgehammer.
Her son was killed today.
I got the message at 7:30 tonight, and I'll tell you, I wasn't going to waste my time coming here because I knew the trash that was going to be put out. But I'm really mad. Because what is being put out is being used to incite the insurgents to continue this war, just as it incited General Giap to consider the Vietnam war.
He hasn't answered her letter, Mr Moran, but I want to read a paragraph to you...
Neverthess, he had to respond. The lady, may her grief be eased by time, has absolute moral authority to demand an answer.
Marine SOCOM
BlackFive has a post which started as speculation as to whether the new USMC SOCOM units would have a different name (e.g., "Marine Raiders" instead of just "Marines"). It's become something a bit more than that in the comments. Doc Russia and I have already engaged it, as has JarHeadDad. Some of the rest of you might like to jump in.
Idiots
One never knows if Drudge has been drinking before noon again (not that there's anything wrong with that), but if this report is accurate, it shows that the Democratic national party is cheerfully unwilling to change course in the face of the rocks in front of it, in spite of the experience of having hit those same rocks just recently.
Senate Democrats intend to zero in on Alito’s alleged enthusiastic membership to an organization, they will charge, that was sexist and racist!So, let's play this out.
Democrats hope to tie Alito to Concerned Alumni of Princeton (CAP). Alito will testify that he joined CAP as a protest over Princeton policy that would not allow the ROTC on campus.
THE DRUDGE REPORT has obtained a Summer 1982 article from CAP’s PROSPECT magazine titled “Smearing The Class Of 1957” that key Senate Democrats believe could thwart his nomination! In the article written by then PROSPECT editor Frederick Foote, Foote writes: “The facts show that, for whatever reasons, whites today are more intelligent than blacks.” Senate Democrats expect excerpts like this written by other Princeton graduates will be enough to torpedo the Alito nomination.
DEMOCRATIC CONGRESSMAN: Mr. Alito, you belonged to an organization that held that whites are more intelligent than blacks.
ALITO: I did?
DC: Yes. Your old organization, the Concerned Alumni of Princeton, ran an article to that effect in its publication.
A: Really? Huh. I don't remember reading that.
DC: It ran in the Summer 1982 edition of their journal.
A: Could be. I don't remember reading it, though. I had other concerns in 1982. In fact, the reason I joined CAP was one of them: Princeton was trying to keep ROTC off campus.
DC: Don't change the subject. What about these racist writings?
A: Don't remember seeing them. But what I do remember is that Princeton was slandering our military, and doing its best to deny the military access to the campus. Our national defense depends on quality recruits, and...
See where this is going? Right. The same place we've been the last few elections. Republicans are running on the need to provide for a national defense in the face of violent enemies; Democrats are running on identity politics concerns that appeal, by definition, to narrow interests. The Democrats hope to build enough such interests together to make a coalition majority, but so far it just hasn't worked. Coalitions are hard to keep together: their interests are often at variance with each other.
The Republican message, by contrast, is a national unity message. The ROTC story speaks to every American. Not every American will be concerned at all with the question of whether, in 1982, this magazine published a story that could be construed as racist (indeed, I can't muster even idle interest myself); but every American has an opinion as to whether the military is a fine and noble organization, or a base one that should be banned from campuses.
Sadly, we do have a sizable minority of citizens who will hold the latter. That being said, the majority will and has stood with the former proposition.
Bush wins. Alito confirmed. Somewhat more than half of US citizens look in wonder upon the Democrats, who seem consistently willing to take positions that can be interpreted as anti-military. That's just not a competitive message among the swing voters who occupy middle America. Haven't ya'll watched any Superbowls lately?
Well, you'll have another chance soon. I'll bet there will be a few references to the military, designed by the best minds in corporate America to appeal to the broad mass of citizens. They know the right way to talk about the military in order to maximize profit.
Pay attention this time. You might learn something.
Froggy
It's worth having a look at his review of the movie about his service. My favorite part:
The interesting thing about watching the movie again this time was that the “team” commander (Biehn) contacted an American journalist with connections in Lebanon to gain information about the terrorists and the location of the missing missiles. In 2006 America, this is something of a quaint proposition.Yeah.
ML
The Castle draws our attention, and rightly, to the story of Hugh Thompson, who has died at the age of sixty-two. Thompson was the helicopter pilot at My Lai, who on that terrible day put his ship in between US soldiers and fleeing noncombatants, and transported those he could to safety.
Correction
For that matter, how a man does:
If there was another house just 20 meters away, too, I think we do have to look at whether the force used was proportional, under the old Jus in Bello doctrine we all had to learn during precommissioning training.True to the facts, true to himself. And in real time.
Much as I'd like to bring it to the bastards, I think an analysis in light of jus in bello and proportionality is entirely fair and should be constantly renewed.
And now, having written a post that sucks harder than an incontinent street whore with a plane to catch, I have to go commit sepuku in order to preserve my family's good name.
I'll leave it up for the record, but the post "A good strike" is hereby retracted. My heart goes out to the victims and their loved ones.
Well, except for their loved ones are moojies. Then to Hell with 'em.
Blogger Sued
This should be fun.
Lawyers who filed the suit say that Web logs and other new media should be held to the same standards of accountability as traditional media and journalism. Brodbkorb, a former operative for the Minnesota Republican Party, pledges to protect his source and to keep his website going.If you do some follow-up reading on the blog in question, you'll see that it appears that the claims he made have support from several traditional journalistic outlets. That's going to be a problem for the PR firm when they get to court. They could still win, if the get a sympathetic jury (everyone loves it when corporations attempt to sue the little guy, right?), but it makes it less likely.
The suit alleges that Brodkorb, citing an unnamed source, defamed the St. Paul-based public relations firm New School Communications when he posted a claim that New School had become publicly critical of the congressional campaign of Coleen Rowley only after Rowley rejected a contract with the firm.
Despite being told that New School does not perform political campaign work, Brodkorb, the suit says, continues to make the claim, even though his source "may, in fact, be a fabrication."
What is more likely is that they'll lose their case, while getting enough media attention drawn to the blogger's claims as to convince the world that those claims are true. Thus, at best they might win damages the blogger probably can't pay (I'm sure we all have $50,000 in liquid assets sitting around, right?) while humiliating their client; more likely, they'll lose while humiliating their client.
But those would have been the options even if the likelihood of winning were reversed: even if victory were certain, the media attention from the case would train the spotlight on the blogger's charges. That suggests that the PR firm was not acting out of a desire to win the lawsuit, but a desire to use the suit to silence the blogger without a trial. The firm doubtless thought the blogger would fold, being unable to afford to mount a legal defense. This kind of rank intimidation is nothing but an attempt to use the simple weight of money to push people around.
Jeff Blanco suggests that the blogger has done all he ought to do by providing a comments section in which the PR firm can dispute his claim, and there is something to that argument. Just like here at Grim's Hall, commenters can post evidence and argument to prove that the blogger is wrong. I've been proven wrong just now and again by readers, at least two of whom -- Eric Blair and Captain Leggett -- are now co-bloggers here.
If I say something you think is flat wrong, or untrue, you're invited to prove it in real time and with the full attention of the readership. The ability to do that is something that makes blogs different from newspapers, say, where the best you can hope for is a correction, published someday, without fanfare, and hidden somewhere inside the paper instead of on the front page.
I don't know if that satisfies the legalities for libel, it surely must go a long way. I've always heard that truth is an absolute defense against a charge of libel, so "I have every reason to think this is true, and invite any evidence to the contrary to be published right here" isn't too far away from simple truth.
Indeed, it's the closest thing to the scientific method that "journalism" (for this purpose, to include bloggers) has ever developed. The scientific method is of course the best way humanity has found to determine where uncertain truths can be found. As long as the method is administered honestly, commenters are allowed to post evidence and argument, and the blogger will admit if he is proven wrong on a point, I think the system must be judged as good as any newspaper correction from a legal standpoint. It is certainly better, from a practical one.
Pranks
Don't miss this story from the Economist (of all places). The writing is as stiff as you'd imagine, but it's worth clicking on it just for the picture.
None of you will be surprised to learn that I have had a hand in a prank or two myself. I take great pleasure in that kind of humor, which performs the absolutely necessary function of upending the social order so everyone can laugh at it for a moment. Not that I'm an enemy of social order -- just the opposite. Still, like everything, you have to know how to laugh at it. A certain amount of order frees us to live without fear. Too much becomes a prison, or a justification for evil and oppression. Laughter is often the thing that lets you break it off at just the right point.
On one occasion a companion and I "liberated" a desk from the school, and spirited it away for six months or so until the day before Spring Break. Then -- having painted the desk with the famous "Kilroy was Here!" symbol along with our class designation -- we returned it to the campus by hanging it thirty feet in the air from the branches of a giant tree. Getting it back down again proved a logistical challenge for the administration.
What we had not known, but what made the prank perfect, was that the park in which the tree was located was to enjoy its 100th anniversary that next morning. It had been designed by Frederick Law Olmstead. The occasion was one in which every dignitary in Atlanta came by to see it, up to and including the mayor himself. The challenge of removing the offending desk was too difficult to be accomplished before the ceremony, so...
That was a pretty good school prank, though it doesn't compare to the story from over the holidays about the Fire Department ghosts. Surely some of the rest of you have good stories as well.
SA Move
The infamous blawg "Southern Appeal," often cited here at Grim's Hall, has a new address. Please make a note if you are interested.
t-storms
Bold words from a fellow on the way out the door, but they didn't prove out too well. I wrote that Monday morning, left just a bit after noon, got to the airport at two, got through the check-in line by three, through security by and to the gate by four. The flight was delayed half an hour; then two more hours; then cancelled entirely due to the storms and tornados. The backup of flights caused all manner of chaos.
As a result, I didn't leave on a flight until two in the morning, and that to a different regional airport. I spent yesterday getting back here from there. My wife and little boy couldn't get on that flight, so they won't be arriving until later this morning.
Even that was a serious improvement over what the airline intended for us; they said they'd reschedule all three of us to arrive sometime tomorrow.
I'll be a couple of days sorting things out from the mess.
RV
Russ Vaughn sends his latest, which I thought you might enjoy:
Force Multipliers
Wikipedia: force multiplier-a military term referring to a factor that dramatically increases (hence multiplies) the combat-effectiveness of a given military force.
In Iraq an IED explodes,
An American soldier dies,
But that blast will grow as the media blow
It up before our eyes.
And trumpet to the watching world,
These fifth column falsifiers,
Like sheep they bleat we face defeat,
Our foe’s force multipliers.
Osama and his minions know,
In combat they can’t beat us;
So they hope and pray will come a day,
Our own media will defeat us.
Ignoring all the good we’ve done,
Liberals focus on the gore,
On losses mounting and body counting,
To prove we’ve lost this war.
They disgraced us once in Vietnam,
So now these leftists feel,
That again they’ll win with media spin,
And make America kneel.
But defeatists aren’t the only ones,
Learned lessons from the past;
Back then we swore we’d lose no more,
This time we’re standing fast.
The Internet’s exposed them,
As elitist media liars;
They stand unclothed and widely loathed,
Our foe’s force multipliers.
Some day when all our troops return,
With Iraq on freedom’s path,
The liberal elite who sought defeat,
May face some Righteous wrath.
Russ Vaughn
2d Bn, 327th Parachute Infantry Regiment
101st Airborne Division
Vietnam 65-66
Alas
I suppose I couldn't stay in the Great State of Georgia forever. It's time to head back to Virginia, and so I'll be taking wing out of ATL in despite of the thunderstorms.
For your reading pleasure in the meanwhile, here's a link that Eric Blair will love. I like the idea behind it myself. Education of this sort is important, and anyone who qualifies for this deserves to be shamed rather than honored.
Opinion Journal has an article about Islamic ideology, and how we can know which ones to support. It's written by Abdurraman Wahid, about whom the Journal says little. I'll tell you a bit more about him: in Indonesia, he's known by the nickname "Gus Dur." He is a "former president of Indonesia," as they say, but what they don't tell you is that he was impeached. They also don't tell you that he was the former leader of the Nahdlatul Ulama (NU), the largest Muslim organization in the world with forty million members.
Gus Dur almost split the organization last year in a political fight for control of it, which he lost. Even so, he remains highly popular with a large wing of it, which includes the quasi-militant Banser. Supposedly a "youth movement," the Banser are sort of "good" blackshirts -- they march and organize and channel angry young Muslim energy in the usual fascist ways, but so far they've been used only to good purpose. For example, they guarded Christian churches this Christmas, as they do every year. In 2000, they lost one of their members to a terrorist bombing set by a fellow Muslim, but they keep coming back.
Indonesia has a lot of genuine fascist organizations, including especially the FPI ("Islamic Defenders Front"). Gus Dur has used, and more often threatened to use, the Banser to keep the real fascists in line. So, when he writes to America today, he ought to be seen for what he is: a hard-hitting 'elder statesman' of Indonesia, ready and willing to use both political and actual force in pursuit of his goal. His goal is the success of a kind of moderate Islam, the sort we would like to see arising everywhere to combat anti-Western militants, but it contains the seeds of a fascist movement and that has often been dangerous in the past. Keep all that in mind while you read his letter.
The Hat
I forgot to explain the hat. About a week ago, I went to Sackett's up in Jasper, Georgia, where I had been told there was a gentleman who could clean a hat. I had my grandfather's old silverbelly Stetson with me, which has had an eventful life. It had oil stains from his days as a mechanic, burns from his days as a welder (and from my days using it to fan campfires into life), soot stains from the same, and so forth. I wanted to have a man clean it who really knew how.
I met the gentleman mentioned in the post below. Now eighty, he is one of only sixteen remaining independent hatmakers in the United States (indeed, I saw in Shoot magazine that another of them is getting out of the business. Then there were fifteen, I suppose). He took one look at me, and said, "That is an old hat you're wearing."
"Yes," I agreed, taking it off and handing it to him.
"Ninteen forties," he remarked after a moment. "Don't see this bash any more." 'Bash' refers to the way the hat is creased on the top. "It became popular in the 1930s, and people pretty much stopped making it by the end of the forties. Don't see this quality of leather in hatbands anymore either. Grand old hat."
He spent an hour cleaning it, while we talked about my grandfather and his grandfather, the days he'd spent as a boy learning to work hats with an old man who lived near their ranch, and his time in the army. At the end, he gave it back. I asked what I owed, but he refused to take even a dime. "It's just a pleasure to work on a fine old hat like that," he said.
So I went back this week and bought a hat from him -- he handles all hat sales from Sackett's -- and what he sold me was a Stetson. He said he thought I'd like this better than anything else he had in the store. "The newest thing," he said. "It's made from buffalo hide and fur felt. Whole thing is buffalo, including the leather hatband. It wears like iron. Took Stetson years to develop it."
When I bought it, the hat looked like this. "Tatanka" is Lakota for "buffalo." (I should also mention, in case any of you are wanting a hat and are planning to be down Georgia way, that he sold it to me for a whole lot less than the listed price. Sackett's is a good place to do business, if you're interested.) It's got a bash called a "cattleman's crease." This is pretty much the standard bash for "cowboy" hats these days, and I've frankly always hated it. I asked him if he'd be willing to lower the brim's "wings," and put a different bash in it.
"Glad to lower the brim," he said, and did, "but I can't change the bash. Once you put a cattleman's crease in, it never looks right with anything else. It's too tight a bash to undo. You'll cause the felt to crack if you try to undo it, which will ruin it."
Felt hats can be remade by the use of water, especially hot water, and best of all steam. You normally use the steam to heat the felt, making it pliant; it will keep whatever form it dries into. So, you heat it up, work it until it's what you want, and then let it cool and dry. It will set that way, like concrete.
Apparently the buffalo felt is a lot tougher than the usual beaver felt, or horsehair felt (the Australian Akubra hats use rabbit). He said that, to work it, you had to put it in a chemical bath.
Well, I thanked him and took it home. I hate to be told that something can't be done, though, so I gave it some thought. I figured some of those chemicals probably dried into the hat, so if I could get them lubricated again they ought to work. I put the hat in a bath of very hot water, and let it soak it up for an hour or so. Sure enough, it became pliant -- not very much so, still much stiffer than any other hat I've handled. Still, I gently worked out the cattleman's crease, and put in an open telescope bash. It worked beautifully.
Nothing makes a man happy better than doing something a master of the art said couldn't be done.
New Year
All the best to all of you. New Year's Eve has never been one of my favorite holidays. It's really a bureaucrat's holiday, marking nothing but a change in the keeping of records. May as well celebrate the due-date for the year's taxes, seems to me. But whatever; people seem to like it, so good on you.
This has been a most interesting trip down Georgia way. I forget, when I'm elsewhere, how fine a state Georgia is. Nowhere else I've ever been has the same potential for adventure and joy. Partially it's the terrain: the misty mountains in the north, the alligator-haunted swamps in the south, the crisp sea islands with their wild horses, Savannah with her Spanish moss. Partially it's the people, and not just the Southerners. The clash of cultures between transplanted "Sunbelters" and traditional Southerners keeps things interesting.
Of particular moment are the folks from New York. I encountered one of these new transplants and his wife. It was an older fellow with silver white hair, a black leather jacket, a black foreign luxury car, and a New York accent. "Hey, look at this!" he called to his wife, who was warming herself in a fine fur coat. He pointed at me and my hat. "I didn't see anybody who looked like this when I was down in Texas!"
"Mister," I said quietly, for I was walking past him, "I'm from right here." I pointed at the ground.
"Really?" his wife asked.
"Yes, ma'am," I said. "Fifteen years ago, where you're standing was a cattle pasture; and this hat belonged to my grandfather."
I tipped it to her, and left the two of them standing quietly in what must have been a complete departure from their normal condition. Honestly: to move down to Roswell, Georgia, twenty-five miles from where I grew up, and make fun of my grandfather's hat.
Well, that fellow got off easy. I'm a nice guy, as you all know. I was talking to a man I admire greatly -- a tall, thin gentleman of eighty years, and a master of the craft of making hats. He learned the craft as a youth from another hatter, who died while this gentleman was in the army overseas. I bought a hat from him, in fact, but we'll get to that.
I told him about my troubles down in Roswell, and he agreed that the whole city has become a wasteland. I relate his comments as I recall them:
"I was down in Roswell recently," he said. "Fellow got behind me, blowing his horn and waving his fist. I pulled over at a gas station and he hopped out, so I got out. He came running up cursing me in his Yankee accent, said I'd cut him off back there. 'Mister,' I said, 'I sure do apologize if I did, but I never saw you.'When I was a boy, the road signs on the way into the state read: "Welcome to Georgia -- State of Adventure!" They were only telling the plain truth.
"He said, 'I ought to beat you half to death. I just wish I'd brought my gun so I could shoot you.'
"Well," the old gentleman continued, "I said he really should have brought it, as I'd certainly brought mine. I opened my coat. At that, the fellow turned white, ran back to his car, and raced off."
Dinner
I would like to recall your attention to this post, in which I proposed a complete reconsideration of the justice system.
Last night I had dinner with an old teacher, one of the most logical and thoughtful men I've ever known. He is also, as it happens, a genuine socialist -- and was once among the early members of the Student Nonviolent Coordinating Committee, in the days before it decided that the cause of anti-segregation would best be served by purging all of its white members (that way it could speak, apparently some believed, with more complete moral authority -- all the members being black, they'd all be victims, and being a victim gave them that authority. This irony naturally foreshadowed the course of the Civil Rights Movement, which went from a righteous and clarion call for men to be judged on the content of their characters, to a demand for affirmative action based on the color of their skin).
In any event, he and I had a long discussion on the topic of the need for such a reform. As you would expect, we both began from completely different first principles, and yet we both agreed that the existing system serves none of the purposes of justice as well as almost any alternative -- and at a staggering cost, if you consider what the price is for maintaining a nationwide prison system. This is true whether "life without parole," or a twenty-year court procedure for death penalties, is the standard top punishment. Almost any system would be cheaper than this.
That leaves out the cost to society of a system that fails at everything except warehousing men, so that they are released in ten or fifteen years with fewer honest prospects, more organized criminal contacts, and a greater awareness of criminal procedures than when they went in.
It's a big topic, so it's wise that we should take time to think about it. You've all had a little while to ponder it, at least in the backs of your minds. Please take a look over the original post again if you'd like, and let's talk about it. What are we trying to accomplish? What should we be trying to accomplish? How can we best get there?
More Secrecy
The Washington Post has two big headlines today in its online edition, and both are about secret wings of the GWOT. The second is more interesting than the first: "Covert CIA Program Withstands New Furor." It holds that:
The broad-based effort, known within the agency by the initials GST, is compartmentalized into dozens of highly classified individual programs, details of which are known mainly to those directly involved.Well, that is the idea behind the whole classification system. And yet, we have learned a substantial amount about the program:
GST includes programs allowing the CIA to capture al Qaeda suspects with help from foreign intelligence services, to maintain secret prisons abroad, to use interrogation techniques that some lawyers say violate international treaties, and to maintain a fleet of aircraft to move detainees around the globe.Emphasis added. It's of course the case that "some lawyers" will be willing to stake out any legal position -- that's why neither the ACLU nor their opponent of the week ever has trouble finding a lawyer. There are lawyers with opinions on all sides of every issue in the law.
Therein lies the problem with the debate the Post wants us to have over these programs -- a problem that poses a real puzzle for the citizen who is interested in doing his duty as a thinker and a voter. Before we join the 'rising furor,' we really ought to know what we're raising a furor about.
Yet the program is secret. Details are available only to those directly involved. We know some several details due to leaks of the sort that the Post's first article is about. Just like the case with "some lawyers," however, any government agency has dissenters. It doesn't say anything bad about you that you are a dissenter -- I've argued at length that maintaining internal dissent is a critical national security issue. What becomes a problem is when the dissenters decide to take their case to the public, in violation of their oath.
It's a problem because they are putting forward only one point of view, from a perspective that is limited. They know the details of their own part of the program; they don't know what the rest of the CIA is doing. They have their own particular reading of the details and events. They are dissenters, so we can reasonably assume that their interpretation is a minority reading at CIA.
Because of the secrecy oaths, however, we can't get a balanced view. There is no opportunity for a response from the other side. Consider Bill Roggio's response to another story in the Washington Post, one about him. It asserted that he was there doing Information Operations for the US military. Bill pointed out that this was entirely incorrect -- a reading of the facts that was flat wrong.
Almost certainly there's a response of the same type lurking in the minds of many a CIA officer. "What the #@$@#?" they are doubtless saying this morning -- just as I've found myself saying it on the occasions when I've seen press reports on topics about which I knew the truth. This has happened a time or two, and the media gets the details so badly wrong that I wonder what on earth they were thinking.
Yet the other officers at CIA can not reply. Their oath forbids it, and even if it did not, national security interests forbid disclosing the rest of the details or the alternative interpretations of the details that are available. The debate -- the "furor" -- must be carried out in public on the basis only of the information provided by the dissenters, usually without rebuttal.
The solution to this problem is the republican one -- the small "r" is intentional -- which is to elect representatives who can review the information and report to us that things are, or are not, as they ought to be. Thus the problem of secrecy is worsened by the reckless political culture lurking in D.C. these days.
Repairing that culture by replacing the currently worthless run of Congressmen is our only option, however. We cannot strip away the secrecy from the most critical programs; and we ought not to pretend to be conducting honest reasoning into these programs with only a limited, one-sided view available to us as data. To do so would be to do exactly what Bush is accused of doing by those who disagree with him: to reason within a bubble of single-minded opinion.