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Maine blogging

My wife and I are spending the weekend in Ogunquit, Maine. I am in no shape to write anything halfway intelligible, so I’m just going to post a few pictures, which might illustrate the amazing changes of weather, or at least cloud and fog cover throughout the day. Our room has a view of the public beach which is on a small peninsula. We are across the water from the beach. The following pictures, all of essentially the same view, were taken at 1:49, 3:38, 6:41, 7:27, 8:04 and 8:25 PM respectively. Besides giving a small idea of the rapid fluctuations in the weather, they illustrate the tidal extremes in this particular location. The third and fourth pictures were taken 46 minutes apart; the first was taken in thick fog, the latter in bright sunshine. It was like that all day. We ate outside at Perkins Cove, which is very close by. It was sunny when we sat down, and foggy and cloudy when we finished.

My guess is that a few miles inland it was sunny all day. I live close to the water in Connecticut, and we often have weather quite a bit different than folks a little inland, but it rarely changes as rapidly as this.

Friday Night Music

I thought about posting this once before, but held back. This is a song that had a hugely profound impact when it was released, more than any single Dylan song. It’s become a bit of a cliche, I guess. The words don’t necessarily relate to today’s events, but the title does. Maybe this is just situational depression speaking, but I really believe that the FISA vote spells the death knell for constitutional government in our country, so we truly are on the eve of destruction.

[youtube]http://www.youtube.com/watch?v=LVClcPVYoo8[/youtube]

Joe Courtney does us proud, Congress sells us out

We can be justly proud that our Congressman voted against Iraq war funding and against the outrageous FISA bill, as did all our Connecticut Democrats.

It is unlikely that the Congress has ever surrendered so much power to a president in this nation’s history. They have made the most unpopular and no doubt worst president in American history into an elected (maybe elected, in his case) dictator, and have handed him the ability to complete a legal coverup of his own crimes. It looks like Barack Obama is going to sign on to this travesty. No doubt his thinking is that it will pass anyway, and voting for it would just give McCain ammunition to attack his terrorist fighting credentials. No excuse whatsoever, of course. If you are claiming to be a leader, you should lead.

All this is further proof, in any were needed, that republican government and Imperial rule cannot coexist. Congress is legislating itself into being a dead letter. All at the behest of a vile, incompetent little rich man’s son. The Roman Senate at least had the excuse that it was neutered by a Caesar.

This has gotten me really depressed. Such a needless surrender. I’m glad, though, that our Connecticut Congressfolks did the right thing, particularly Joe, because I could not have brought myself to contribute my time, money or effort on behalf of someone who voted for this bill. I have pledged money to Obama, and I’m going to send it, but it’s going to be hard to maintain any level of enthusiasm if he votes as he has signaled he will.

Afterthought: The Democrats were so craven on this bill that they are actually trumpeting the fact that they have gained something because the bill makes it clear that the FISA procedure is the exclusive way for the president to engage in wiretaps. This is supposed to be a major victory, except that the current FISA bill already says that the FISA procedure is the exclusive way for the president to engage in wiretaps. Buth ignored that provision in the past, and he will continue to ignore it. The odds are better than even that Bush will issue a signing statement to the effect that he reserves the right to ignore the law.

Obama does a Lieberman-endorsement redux

If further proof that Obama is not the second coming (was there a first coming?), you can find it here, at Tom Tomorrow’s site:

So Barack Obama just recorded a radio ad for Rep. John Barrow (D-GA). Barrow has accused Democrats of wanting to “cut and run” in Iraq, and enthusiastically supports telcom immunity. He needs Obama’s support because he’s being challenged in the primary by State Senator Regina Thomas. Bonus ugliness: Barrow is white, Thomas is an African-American woman.

You would think that Obama would have learned his lesson, after the Lieberman thing in 2006. There is no reason why he should throw his weight behind this guy. He doesn’t need Georgia, because if Georgia is in play in November it means that he’s on his way to a landslide win. Nor does he need this guy in the Congress next year. As with Lieberman, the favor will not be returned, and he’ll doubtless line up with the Republicans to oppose Obama at nearly every turn.

Further proof that he’s not your un-typical politician: he’s been nowhere on the FISA issue these days. Could a few words from him put paid to the whole thing? We’ll never know.

While we can hope that Obama will turn out to be a truly great president, it’s important to maintain a certain amount of critical detachment. The disappointments, when they surely come, will be easier to deal with if we steel ourselves in advance. The downside to the great enthusiasm that he has engendered is the real possibility that he will prove to be just another politician when he gets into office. That could permanently turn off a large portion of the young people who support him so enthusiastically. His candidacy is a bit of an insurgency, so it’s disappointing that he seems to reflexively protect the intrenched against other insurgents. It’s also disappointing that he has been so disengaged from the ongoing rape of the constitution. He’s one up on John McCain, because he at least casts his vote, but he doesn’t speak out much. It’s partially understandable. The spineless Democrats in the Senate would no doubt cast their votes with Bush anyway, making him look weak. Still, while a leader does need followers, he or she also needs to take risks. It wouldn’t be so bad if he decided to start with saving the Constitution.

Sitting in Judgment

Yesterday I took a night off from blogging because I was in Hartford, judging moot court at UConn Law School. This gives us practicing lawyers the rare opportunity to play judge. It’s a lot of fun, making the poor law students squirm. The case this year was a civil case, which made me feel more comfortable than most years, since criminal cases are the norm, and I don’t really know criminal law. It was actually an excellent problem, since there were good arguments on both sides of the issue. I have to confess that I tend to be harder on the poor student who happens to represent the side I don’t like. I can’t help myself but, of course, it’s not their fault that they drew that assignment.

Put pressure on Steny Hoyer and his gang

Consider giving money to put pressure on Steny Hoyer to stop trashing the constitution. You can donate here. Glenn Greenwald explains:

It is now definitively clear that House Majority Leader Steny Hoyer is the driving force behind a bill — written by GOP Sen. Kit Bond — to vest the President with vast new warrantless eavesdropping powers and to vest lawbreaking telecoms with amnesty. Even as his office dishonestly denies that he is doing so, still more reports yesterday — this one from the NYT and this one from Roll Call (sub req’d) — confirm that a so-called “compromise” is being spearheaded by Hoyer and the House Democratic leadership. The ACLU and EFF are holding a joint call tomorrow to denounce Hoyer’s “compromise” as nothing more than disguised guaranteed immunity for telecoms and, further, because “the proposed deal could be used to authorize dragnet surveillance of Americans’ communications in violation of the Fourth Amendment.”

As a result, there is a major new campaign beginning today aimed at Hoyer and a handful of other key members of Congress who enable telecom immunity and warrantless eavesdropping. In order to raise as much money as possible for this campaign — far more than the $85,000 raised (and still being spent) in Chris Carney’s district as a result of his support for warrantless eavesdropping and telecom amnesty — we are working to create an alliance with numerous organizations and factions across the ideological spectrum which oppose civil liberties erosions, as well as with as many blogs as possible (modeled vaguely after the ideologically diverse alliance that has arisen in Britain in opposition to the sprawling and lawless surveillance state there).

A new definition of “mostly”

According to my Dictionary, “mostly” means “for the greatest part; mainly”. I looked it up to make sure that I hadn’t misconceived its meaning after reading this comparison of Bush and McCain in this morning’s Times. What with Bush’s second coming trying to distance himself from his soul mate, the Times provided a handy guide to the issues on which Bush and McCain mostly agree, and those on which they mostly disagree. I went right to the latter section of course, and I must say there were some stretchers in there.

Let’s start with the most obvious:

TAX BREAKS Mr. Bush opposes a windfall profits tax on oil companies. Mr. McCain has voted against similar taxes in the past, but this month he said he was “angry at the oil companies not only because of the obscene profits they’ve made but at their failure to invest in alternate energy.”

It’s really hard to see any disagreement there. A little razzle dazzle rhetoric does not a disagreement make. Here’s an excerpt from today’s USA Today:

McCain criticized Obama, his Democratic rival, repeatedly in excerpts of a speech planned for delivery Tuesday evening. He cited Obama’s advocacy of a tax on excess oil industry profits as well as the Democrat’s vote for President Bush’s energy legislation in 2005.

McCain reserved his sharpest words for the windfall profits tax.

Maybe we can’t blame the Times on this one. In the same USA today article:

But on May 5, campaigning in North Carolina, McCain said he was willing to consider the same proposal.

“I don’t like obscene profits being made anywhere. I’d be glad to look not just at the windfall profits tax, that’s not what bothers me, but we should look at any incentives that we are giving to people — or industries or corporations — that are distorting the markets,” he said.

Nonetheless, there was never any evidence that McCain favored such a tax, so whatever the merits of the tax, McCain and Bush are totally sympatico on this one.

Next up:

DRILLING Mr. McCain opposes drilling in the Arctic National Wildlife Refuge, once a top goal for Mr. Bush. On Monday, Mr. McCain said the federal ban on offshore drilling should be lifted, allowing states to pursue energy exploration off their coasts. The Bush administration has proposed drilling off the coasts in several states.

So while McCain opposes drilling in one place Bush wants to drill, he favors drilling in places even Bush doesn’t. I fail to see how they “mostly” disagree on this topic. They mostly agree, with McCain deviating in one respect for the sake of a quick pander.

Here’s my favorite:

Interrogation techniques: Mr. McCain has battled the Bush administration on a number of bills to end torture by the U.S. But this year he voted against a bill to force the Central Intelligence Agency to abide by the rules set out in the Army field Manual on interrogation. He said that a 2005 law he helped pass already prohibits the C.I.A. from “cruel, inhumane or degrading treatment.” But the same law gives the president the last word in establishing specific permissible interrogation techniques. The Bush administration has not ruled out waterboarding, considered illegal by Mr. McCain, as impermissible.

But in fact, McCain took a dive on anti-torture legislation. After all, he’s not being tortured anymore, and he really doesn’t care if he exposes the 100 year soldiers to torture by the other side, which can now rightfully claim that they have just as much right to torture as us. As Glenn Greenwald explains, Bush can get away with claiming that he can violate the Geneva convention because:

There are two reasons, and two reasons only, that the Bush administration is able to claim this power: John McCain and the Military Commissions Act. In September, 2006, McCain made a melodramatic display — with great media fanfare — of insisting that the MCA require compliance with the Geneva Conventions for all detainees. But while the MCA purports to require that, it also vested sole and unchallenged discretion in the President to determine what does and does not constitute a violation of the Conventions. After parading around as the righteous opponent of torture, McCain nonetheless endorsed and voted for the MCA, almost single-handedly ensuring its passage. That law pretends to compel compliance with the Conventions, while simultaneously vesting the President with the power to violate them — precisely the power that the President is invoking here to proclaim that we have the right to use these methods.

The entire article is worth reading. There is no distinction between Bush and McCain on this issue, in fact they both use the same MO. McCain, who has built in credibility on the issue, talks a good game, but when push comes to shove he’s pro-torture as was, unfortunately, a large percentage of the Senate. The knew precisely what they were doing, just as they know what they’re doing with the latest telecom farce. Bush is against torture just like McCain. Just ask him. He’ll tell you that “We do not torture”.

On this issue the Times gets one thing right. The legislation that ultimately emerged from the Senate vested the president with the power to violate the law. What it got wrong was characterizing McCain as battling with the Administration. Had he really been battling he could actually have effectively stopped the authorization to torture, or made a damn good try at it, since he could have provided cover for the other cowards who caved on this issue. But he didn’t. Again from Greenwald’s column:

In 2005, McCain led the effort in the Senate to pass the Detainee Treatment Act (DTA), which made the use of torture illegal. While claiming that he had succeeded in passing a categorical ban on torture, however, McCain meekly accepted two White House maneuvers that diluted his legislation to the point of meaningless: (1) the torture ban expressly applied only to the U.S. military, but not to the intelligence community, which was exempt, thus ensuring that the C.I.A.—the principal torture agent for the United States—could continue to torture legally; and (2) after signing the DTA into law, which passed the Senate by a vote of 90–9, President Bush issued one of his first controversial “signing statements” in which he, in essence, declared that, as President, he had the power to disregard even the limited prohibitions on torture imposed by McCain’s law.

McCain never once objected to Bush’s open, explicit defiance of his cherished anti-torture legislation, preferring to bask in the media’s glory while choosing to ignore the fact that his legislative accomplishment would amount to nothing. Put another way, McCain opted for the political rewards of grandstanding on the issue while knowing that he had accomplished little, if anything, in the way of actually promoting his “principles.”

A virtual repeat of that sleight-of-hand occurred in 2006, when McCain first pretended to lead opposition to the Military Commissions Act (MCA), only thereafter to endorse this most radical, torture-enabling legislation, almost single-handedly ensuring its passage. After insisting that compelled adherence to the anti-torture ban of the Geneva Conventions was a nonnegotiable item for him, McCain ultimately blessed the MCA despite the fact that it left it to the President to determine, in his sole discretion, which interrogation methods did or did not comply with the Conventions’ provisions.

Thus, once again, McCain created a self-image as a principled torture opponent with one hand, and with the other, ensured a legal framework that would not merely fail to ban, but would actively enable, the President’s ability to continue using interrogation methods widely considered to be torture. Indeed, by casting himself as the Supreme Arbiter of torture morality, McCain’s support for this torture-enabling law became Bush and Cheney’s most potent instrument for legalizing the very interrogation methods that McCain, for so long, flamboyantly claimed to oppose.

Finally, on waterboarding, again from Greenwald:

And then this year, McCain voted to oppose a ban on waterboarding, claiming that it was unnecessary given that waterboarding is already considered illegal by the Bush administration — an assertion about which he later admitted he had no real knowledge and which is, in any event, simply untrue.

If McCain is really against waterboarding he has a funny way of showing it. It’s hard to see how McCain is mostly opposed to Bush on this issue. They both oppose torture. Just ask them. But still, somehow, torture happens.

I grow tired. Suffice it to say that the same pattern prevails on most of the issues on which McCain and Bush “mostly” disagree. The disagreements are largely rhetorical, and dissolve upon close analysis. The Times gives McCain the benefit of the doubt throughout, or just makes up differences (the windfall profits issue) where none exist.

Open letter to Joe Courtney

Dear Joe:

A few months ago you and most of the other freshmen Democrats took a courageous stand. You were among the most courageous, because it was not so clear then that the Democrat with the narrowest 2006 margin of victory would have such an easy time winning re-election. You voted to preserve the Constitution by opposing telecom immunity. You also, as a by-product of that opposition, voted not to give Bush yet another blank check to violate the constitutional rights of Americans.

You and the other freshmen paid a price for that. The Republicans ran ads against you, trotting out the same old tired scare tactics that worked before. Only this time, it didn’t work. But whether it worked or not, the fact is that you, along with your fellow freshmen, took a risk for the Constitution.

Now, Steny Hoyer, your majority “leader”, who says he opposes telecom immunity, is set to cut a deal with the White House to give Bush everything he wants. As the folks at firedoglake, the experts on this issue, say:

Steny Hoyer has brokered a deal and entered into an agreement with the White House and the GOP that effectively gives the telecoms everything they want, with a nice bit of kabuki for a screen.

The sacrifice you made, and the risk you took, will be for naught if this is the end result. This is reminiscent of McCain’s anti-torture legislation, which ended up authorizing torture. In November, the voters will have suffered through six months of sky high gas prices. Many of them will be facing foreclosure. Many will be facing eviction, stuck with the choice that is no choice between paying for the gas to go to their low paying jobs, or paying the rent. Many more will have lost their jobs, and many times that number will be feeling financially insecure. They will not be worrying about the telecoms. They no longer believe the Bush who cried wolf about national security. There is no political need to capitualate on this issue.

The people who will remember this sell out, if it happens, will be the people who oppose this legislation-your supporters. You and the other freshmen should make it clear to Steny that you don’t want the risk you ran to be rendered meaningless. Stand up for the constitution yet again.

If FISA really needs to be amended, and of course it really doesn’t, then amend it without immunity. If Bush vetoes it, then shame on the Democrats if they can’t turn that against both McCain and Bush. Why, after all, should Bush endanger the nation in order to save the telecoms?

The Democrats have, so far, accomplished only one thing of value with their new majority. They have refused, so far, to sanction the telecom’s criminal behavior. Let’s preserve that accomplishment. The constitution, battered and bruised as it is, will thank you.

Norwich Bulletin takes on the Courant

It’s hard work, but someone has to do it. The Hartford Courant has made great strides in trivializing the news. It has its sight set on even greater depths, aiming toward a fifty-fifty mix of ads and news-lite. Today, the Norwich Bulletin proved it was up to the challenge. It’s had lots of practice, of course, being as it’s a Gannet paper, and all. Still, today’s achievement in front page triviality was stunning in its sheer bravado.

There, right on the front page of today’s “paper”, (on today’s website too), in big, bold letters, was this headline: Griswold man may have world’s largest spittoon collection.

I’ve got to hand it to the Bulletin. The reporter did her homework, having contacted a tobacco museum down South to ascertain that the Griswold man’s collection was larger than that of the museum.

Now we will find out: is the Courant up to the challenge. Can it find something even more trivial, perhaps even more ridiculous sounding, to grace its front page? Stay tuned.

Weekend garden blogging

A few pictures from the garden. This is June, so the roses are in bloom. As usual, clicking on a picture gives you a larger image.

My wife says that foxglove is a weed, but I say a weed is anything that grows where you don’t want it, and this stuff is fine right where it is.