CT Blue

I marked a birthday recently (too old to celebrate) and my son gave me a copy of Takeover, The Return of the Imperial Presidency and the Subversion of American Democracy, by Charlie Savage. I just finished reading it.

I found this book to be a bit of a tough slog. It’s a little bit like being hit over the head by a baseball bat over and over. You really have to take a break every once in a while. Savage documents the Cheney (for it truly is Cheney’s administration, as Savage documents it) plan to subvert the constitution and install an elected dictatorship.

There’s nothing in this book that anyone addicted to the blogs has not read about before. It’s just that it comes at you in concentrated doses, alternately inducing rage and nausea. It’s a bit like Bush’s greatest Hits:

The Unitary Presidency

Up-front announcements that the president is above the law, to which a supine Congress acquiesced.

Have I missed anything? Absolutely. Read the book.

The constitution depends on a lot of things to function. The founders expected that each of the three branches would be jealous if its constitutional function and resist any attempts by the other branches to transgress. The constitutional system also assumes that the various actors would, despite their tendency to push the envelope to enlarge their own power, acknowledge some limits on their own actions. Cheney and his minions acknowledged no limits, and the Republicans who controlled Congress were fixated on maintaining Republican hegemony to the exclusion of maintaining Congressional power. Moreover, the judiciary had, by Reagan and the first Bush, and more enthusiastically by this Bush, been salted with judges who advocated an expansive view of presidential power.

Savage does an excellent job of telling the entire story. As he points out, once a constitutional principle has been abandoned, it’s hard to recover it. It will be far more difficult for Congress to recover its constitutional prerogatives, than it would have been to protect them in the first place. One can’t read this book without coming to the conclusion that Congress’ failure to impeach Bush may well have spelled the end to the American Republic.

The only hope we have to recover, it seems to me, is if Obama is elected president. I don’t say that because I think Obama will restrain himself from Bush-like excess, though he may to a certain extent. I say it because, in the short run, only the courts can stop the presidential march toward absolute power. This will never happen while a Republican is in the White House. But it’s clear that the “unitary executive” theory is one adopted by conservatives to justify near dictatorial actions by one of their own. Savage points out, for instance that John Yoo, unitary executive proponent par excellence, felt differently when it was Bill Clinton who was doing the stretching. (page 67 in Savage’s book). My own reading is that these people are not process oriented, though they claim to be. They are results oriented. Presidential power should be enhanced, so long as it is exercised by a Republican. I am certain beyond a reasonable doubt that the unitary executive theory will die a quick death once these judges are faced with a Democratic president who uses even a mild version of the Bush tactics to advance his agenda. We can expect the Republican courts to put the brakes on Obama, should he be elected, at every turn. Despite the frustration that this may cause to progressives, it will be a good thing if those precedents remain in place to frustrate the next George Bush. But unless Obama can salt the judiciary, and especially the Supreme Court, with responsible jurists, that won’t happen. The judicial opinions that rein in Obama might as well end with “This opinion is only operative while a Democrat is President”, because if and when the Republicans return to power, the courts will again back off. That is one of the truly pernicious aspects of this “legal” theory. It is an unstated tenet of those that push it that it applies only when a Republican is president. Thus we will alternate between near dictatorial Republican presidents, propped up by both the courts and the corporate press, and weakened Democrats, who will face resistance from both those quarters.

Consider, for instance, the career arc of Judge John Bates, who made a living in the nineties litigating against Bill Clinton, who has now, since being put on the bench by George W. Bush, run interference against any and all attempts to call a judicial halt to the Bush-Cheney crime spree. He was, by the way, appointed to the FISA court by Republican president loving chief Justice John Roberts. Shortly after that appointment one of the FISA judges (don’t you wonder who) ruled that Bush could continue his illegal domestic spying program. There is no reason to believe that Bates would be similarly deferential to a President Obama. The same can be said for Alito, Roberts, and the rest of the unitary executive gang. They will suddenly discover the limits of presidential power should Obama be elected, as will the press, which has, with honorable exceptions like Savage, found nothing to complain about in Bush’s outrageous power grabs.

Bush Tours America To Survey Damage Caused By His Disastrous Presidency

Totally slowed down for the holiday weekend. I spent a good part of the day watching the groundhog, chipmunks, and squirrels run wild over our yard. The Hav-a-hart is on the way for the groundhog, which has grown sleek and fat eating the fruits of my wife’s garden. At this point it considers us of only passing interest; it has long since consigned us to the “no threat” category, as it grazes at will, in broad daylight, on what passes for a lawn in the area by our barn. The chipmunks have experienced a population explosion since the last of our cats left this vale of tears. It’s odd how these little rodents don’t evoke the same feelings of revulsion as do their rat and mice cousins. The little guys scurry across the patio while we’re sitting on it, so while they retain a little respect for us (since they do scurry), it is rapidly fading. They too are growing sleek and fat, in their case from the seeds that drop from the bird feeder. It’s all endlessly amusing. However, the circle is rapidly closing around us. If we let this go on we’ll have hordes of them invading the basement in the winter.

All of which has nothing to do with this picture of a day lily, which is really all I have to offer.

I’ve been living in this area for many years, but this is the first time I’ve found myself strolling on Bank Street late on a summer night. It was with some trepidation that I stepped into the street to cross it, as there was a gang of motorcyclists, lined up and revving their engines looking for all the world like they were about to race down the street. However, they in fact behaved perfectly civilly, we made it across the street after leaving the latest edition of Drinking Liberally, walked past the bars and ended the night with some ice cream that couldn’t be beat, courtesy of Michael’s Dairy. Michael’s has been a New London institution since before I arrived in this area. If you make it down this way, and you’re a fellow ice cream fanatic, I highly recommend the pomegranate chip.

At the end of the night there were six of us remaining, four of whom are depicted here.

From left to write, former Lamont delegate Peter Roper and his wife Teri, State Representative Sandy Nafis and her husband, former Lamont delegate Alan Nafis, HPHS Class of ‘68, greatest class in the history of the school.

Once again turnout exceeded our expectations. It seemed like the night before a long weekend might not be the best time for this type of event, but, not so.

In a totally unsurprising development, one of our stalwart members continues to insist that Joe Lieberman will be McCain’s running mate. He shudders at the thought, but remains insistent. Talk has begun of yet another Lieberman bet. I personally remain convinced that it’s an impossibility. I think McCain has to pick someone who will make the right happy. Could that someone be a certain California Florida governor of the male gender who just, to everyone’s surprise, announced that he was going to marry…a woman?

Update: I must have been drinking more liberally than I thought. I transplanted Charlie Crist to California.

I hadn’t heard of this before. The following announcement arrived in my email today:

Washington D.C. – In what supporters of the President have dubbed his “legacy year,” Americans United for Change, the progressive issue-advocacy group best known for leading the successful fight to beat back President Bush’s effort to privatize Social Security in 2005, has hit the road with its latest effort – The Bush Legacy Bus. The bus is a 45-foot long, 28-ton, clean bio-diesel-powered museum on wheels featuring several interactive exhibits on how two terms of failed conservative policies supported by Bush and his allies, including Sen. John McCain, have weakened America’s security abroad while neglecting and undermining important priorities here at home.

The latest stop on the national Bush Legacy Tour will be at the Silver Star Diner (210 Connecticut Ave, Norwalk, CT) on Monday, July 7th, 2008 at 3:30 p.m., EST where the people of Connecticut will be given a chance to reflect on how 8 years of failed Bush/conservative polices have left an economy in shambles, millions more without health insurance, an endless and mismanaged war in Iraq that has stretched our military to the breaking point, and thousands each day losing their jobs, their homes, and their dignity.

The Bush Legacy tour kicked off in Washington D.C. on June 24th and will travel coast-to-coast throughout the summer, making nearly 150 stops throughout the nation, both national political conventions and symbolic and historic locations like New Orleans and Crawford, TX. Click here to visit the Bush Legacy Tour homepage:

WHO: Americans United for Change

WHAT: 45-foot, 28-ton Bush Legacy Museum on Wheels Opened to the Public

WHEN: Monday, July 7th at 3:30p.m. EST

WHERE: Silver Star Diner (210 Connecticut Ave, Norwalk, CT)

Sounds like fun.

Verizon is currently suing Google/youtube, claiming that youtube has committed sundry acts of copyright infringement. Recently, a judge ruled that youtube’s source code was a trade secret, and youtube did not have to hand it over to Verizon in connection with the lawsuit. But the same judge ruled that youtube had to hand over 12 terrabytes of data, which will allow Verizon to paw through the viewing habits of each and every youtube user. When it comes to our secrets, the judge ruled that any invasion of our privacy interests would be purely speculative:

Google must divulge the viewing habits of every user who has ever watched any video on YouTube, a US court has ruled.

The ruling comes as part of Google’s legal battle with Viacom over allegations of copyright infringement.

Digital rights group the Electronic Frontier Foundation (EFF) called the ruling a “set-back to privacy rights”.

The viewing log, which will be handed to Viacom, contains the log-in ID of users, the computer IP address (online identifier) and video clip details.

While the legal battle between the two firms is being contested in the US, it is thought the ruling will apply to YouTube users and their viewing habits everywhere.

…

The US court declined Viacom’s request that Google be forced to hand over the source code of YouTube, saying it was a “trade secret” that should not be disclosed.

But it said privacy concerns expressed by Google about handing over the log were “speculative”.

The article goes on to report that privacy groups, such as the Electronic Freedom Foundation have been warning Google/youtube for years that it should anonymise (that word doesn’t pass muster with my spell checker, but if the BBC uses it, it must be real) IP addresses, but it has failed to do so on youtube, although it has on its search facilities.

Any corporation that had any concern for the privacy of its users would act proactively to protext them. We have not yet reached the point in our steady march toward becoming a security state that the government requires corporations to acquire this sort of information (at least I don’t think we have). If they never acquire it, it can never be demanded. It seems clear from the article that Verizon doesn’t need the IP addresses to prove its case. Google has now offered to anonymise (there it is again) the data, but so far Verizon isn’t having it.

There are lots of uses to which this data could be applied, some relatively benign (more direct marketing stuff). some not so nice. It is emblematic of our times that the court recognizes the trade secrets of a corporation, but can’t see a problem with needlessly divulging information on millions of people.

This makes me somewhat hopeful that the pessimism I expressed about the Obama campaign’s initial response to the Clark brouhaha was somewhat uncalled for, as a commenter who shall remain nameless (but she knows who she is and she can do the dishes herself tomorrow) asserted.

According to a Diary on Open Left, the Obama campaign’s initial reaction to the Clark statement was issued by a staffer. Obama himself had this to say:

Obama was asked by a young man, and responded calmly (with pleasant but mild indignation) about apologizing to John McCain:

“Are you going to apologize to John McCain, for what Wesley Clark Said”, Obama responded, “why should I respond to something, that I never said, that happened on some Sunday morning talk show”. Obama continued “I think we have more important things to talk about, and I’m not sure the average person in Ohio is thinking about this”

Here’s the video:

Apparently the craven condemnation was the work of a staffer, or is being attributed to same. This is good, and as the post at Open Left points out, it may be due to the pushback by the left. It’s amazing that McCain actually trotted out a swift-boater to condemn Clark, though it’s not at all surprising that there’s been almost no press comment on that fact.

Now, it’s time for Democrats to start taking a lesson from the Republicans. It shouldn’t be up to Obama to deal with this anymore. Congressional Democrats should engage in a full throated counter attack, aimed at both McCain and the press. The contrast with the press reaction to the Rove engineered attacks on Kerry, which really did attack his military record, couldn’t be starker. The Republicans get the message of the day and the all run with it. The Democrats are like a herd of cats. That’s why they lose.

That time of the month is almost upon us. Yes, it’s time for yet another meeting of the Southeastern CT Chapter of Drinking Liberally. All and sundry, as long as you are reasonably liberal (or even like to talk to liberals, we are liberal enough not to discriminate) are invited to attend. As always, the first Thursday of the Month, July 3rd in this case, at 6:30 PM at the Bulkeley House in New London at 111 Bank Street. There is an outside chance that we will have more than the usual contingent of state legislators there (though we dearly love the regulars).

For those who attend regularly, there will be a note of sadness. Mirella Jakaj, the restaurant manager who has been so accomodating to us, has been detained by the INS (Supporters fight deportation of NL restaurant manager). Mirella is from Albania, has a husband who’s a citizen, and a small child. Hopefully something can be worked out to bring her back to New London.

As for me, I’m looking forward to Thursday night, as I may need to drink liberally by then. The past week or so has not been fun at work. Tomorrow I’m off to New Haven for a hearing in a case that has turned nasty. It will be nice just sitting, talking, drinking, and looking forward to a long weekend.

I missed this when it first came across my desk in an email from a frequent correspondent. I’ve changed the date references and tidied up the links.

The Day has an OpEd on the 29th, McCain Is The Clear Choice For Change. It identifies the author as” Benjamin Davol, a political independent, is a freelance writer and veteran of numerous local, state and federal political campaigns. he has no role in the McCain 2008 campaign. ” but omits that Ben Davol was McCain’s 2000 CT Campaign director and he now runs the website CT Independents for McCain.