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Week of April 15, 2007 - April 21, 2007

Give the Medal Back George

Like the Titanic the Bush Administration is foundering. The latest rat heading overboard is former CIA chief George Tenet, who abandons for good the Bush Administration's Ship of Fools and enters the water as another former administration official prepared to come clean on how the Bushies tried and generally succeeded in cooking the intelligence. Oh yeah. He's selling a book.

You probably cannot tell but I am outraged by this Johnny-come-lately jerk off who will assuage his guilt by dishing the dirt on what the Bush Administration really knew as he rakes in book royalties. My friend, Brent Budowsky, also is not a happy camper.

Tenet will start spilling his guts Sunday night on Sixty Minutes, which kicks off his publicity tour to hawk his book. But we don't have to wait till Sunday because David Ignatius offered an early preview last Sunday during an interview with Chris Matthews. Ignatius said that the book is:

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A Conservative on Credit Cards

Yesterday Professor Charles Fried, the elegant, eridite former Solicitor General of the US and former Supreme Court Massachusetts Supreme Court Justice, sparred with eminent philosopher and law professor Cass Sunstein and Harvard economist Ed Glasser in a faculty forum over "the Nanny State."

The discussion was lively and engaging, but Fried's remark on credit cards stopped me in my tracks. Fried was aggressive in his defense of unregulated consumer choice. He poo-poo'd the idea of regulating much of anything in order to protect people from themselves, following the classical conservative position that people should be free to make as many choices as possible. But Fried made a point of mentioning why current credit card practices are morally reprehensible. I'm not a perfect reporter, but I tried to scribble down what he said:

"Credit card issuers make a profit from trying to get people to hurt themselves. That isn't about consumer choice. That's just reprehensible."

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The Saudi Plan and Palestinian "Return"

Tel Aviv, Israel
It is too early to tell if Saudi Plan II is going to have the same fate as the original, i.e, DOA. Prime Minister Ehud Olmert has said positive things about it, but it wasn't on the table when he met with President Abbas last Sunday for the start of their regular bi-weekly meetings.

It should have been because, although the Arab League plan relates to Israel's ties to the entire Arab world, the plan's central focus is the Israeli-Palestinian conflict. It is, after all, the dispute the plan was crafted to resolve.

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Conservatism = Big Bureaucracy

Check out the chart that Dahlia Lithwick reproduces at the bottom of her incisive analysis in Slate of Gonzales’ testimony. Senator Leahy called it the “most astounding thing” he’s seen in 32 years. It compares the Clinton administration’s protocol for appropriate contacts between the White House and the Justice Department on pending criminal cases with the Bush protocol. Under Clinton, only four individuals in the White House were authorized to communicate with three people at Justice. Bush transformed that lean, efficient approach to governing so that 417 people in the White House could have contact with 30-odd people at Justice about pending cases.

The bigger point, though, is that the purported enthusiasts of “limited government” running the country have resorted to that kind of mindless bureaucratization again and again as a means of thwarting the civil servants who are trying to do their jobs. Because political forces make it extremely difficult for Republicans to simply cut programs in the light of day, the conservative Bush team has accomplished its mission of undercutting government by sneakily making it bigger and much more cumbersome.

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Reader poll: the end?

As Josh put it, the buzz seems to indicate a plummeting in fortunes for the AG. CNN is reporting that White House senior aids are saying that Gonzales is "going down in flames" and "not doing himself any favors." Coburn has turned against him and those still with him are fewer and lamer than ever.

On the other hand, we've seen members of this Administration in the corner before and they are often... stubborn.

So let's test the predictive wisdom of crowds. Is it the end?


What Chuck Schumer Wants From his Face-off With Alberto Gonzales

It would be all-too easy to cast New York senior Senator Charles Schumer’s grilling of Attorney General Alberto Gonzales today as the climax of a long-nursed, partisan grudge. Twenty-three years ago, during Ronald Reagan’s first term, the Republican U.S. Attorney for the Eastern District of New York came within a millimeter of destroying Schumer with highly dubious criminal charges. None of the other indictment dodgers in Congress can be more sensitive to potential abuses of prosecutorial discretion and the Justice Department’s power to countenance or curb such abuses than Chuck Schumer, Gonzales’ chief inquisitor.

Now that I have your attention, let me complicate this a little. The masterminds of the long, unrelenting drive to indict Schumer (for deploying his New York State Assembly staffers in his first congressional campaign while paying them state salaries) were left-liberal Democrats and activist muckrakers hell-bent on nailing Schumer for personal, social, and ideological reasons. They tipped off and then collaborated closely with the zealous young U.S. Attorney Edward Korman (now a federal judge), whom they’d befriended and worked with for years. Irony of ironies, it was the Reagan Justice Department that called off this witch hunt at the last minute.

Why did Attorney General William French Smith exercise such restraint? Out of ethical principle? Jurisdictional caution? Some obscure political calculation? The Justice Department claimed only that Schumer’s campaign practices were a state, not federal, concern, and Smith’s deputy at the time, Rudolph Giuliani, actually apologized to Schumer for the two-year ordeal that preceded this decision. Unless you believe that Alberto Gonzales and Karl Rove and their favorites in the press would be at least that judicious now in a case against a liberal Democrat, you can understand why Schumer has been preparing for today’s hearing, which may make clear how frighteningly, if subtly, federal law enforcement has changed from what it was even under Reagan.

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Supreme Ct Kills Range of State Banking Laws in Gift to Predatory Lenders

In a blow to consumers, the Supreme Court ruled yesterday that mortgage lending subsidiaries of national banks are exempt from state regulation. Every state attorney general and bank regulator had urged the High Court to protect these state laws, especially in light of federal inaction in the face of abuse by predatory lenders.

But the Court in its Watters v. Wachovia decision, upheld the power of the Bush Office of the Comptroller (OCC) to pass regulations shutting down such state laws. Those federal decisions, as Progressive States discussed a few weeks ago, directly fed the predatory lending mortgage bubble and helped encourage the abuses that may lead to 2.2 million subprime borrowers facing foreclosure on their home loans.

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The history of the "Partial Birth Abortion Ban Act"

I'm not especially knowledgeable about reproductive rights politics and policies; it hasn't been my area. So after today's Supreme Court decision, I went looking for more information. I came upon Cynthia Gorney's amazingly thorough piece of reporting on the history of how this particular procedure was named, publicized, and banned, called "Gambling with Abortion," published in Harper's, November 2004. I thought I would pass it along.

Herewith some excerpts from its opening paragraphs:

This story is about ... how one abortion doctor and one right-to-life cartoonist helped set off the most sustained and rhetorically high-pitched battle in the forty-year history of this country's abortion wars.
The Partial-Birth Abortion Ban does not prohibit what most people think it prohibits...

 

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How Many Dead Equal Failed Government?

What are we to make of the bizarre contrast between our national grief over the terrible slaughter of students and faculty at Virginia Tech and our muted reaction to the continuing bloodbath in and around Baghdad? One mass killing in the 209 years since Virginia Tech was founded is not exactly a trend. It is a terrible thing but not likely to be repeated anytime soon.

We cannot say the same about events in Baghdad and Iraq. Just today four separate car bombs in and around Baghdad teft at least 160 Iraqis--mostly Shia--dead. Yesterday, Tuesday, at least 85 bodies turned up and there were more bombings. Monday was not much better--thirty corpses and at least twenty killed in bombings. Sixty nine plus on Sunday. And the beat goes on.

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Today's SCOTUS Decision: Bad News and Better News

Today's 5-4 Supreme Court decision validating Congress' ban on so-called partial-birth abortions is obviously a setback for the reproductive rights of women, and a victory for those who want to roll them back. But the highly convoluted majority opinion, as reflected in the remarkably clear concurring and dissenting opinions, may make a broader attack on abortion rights harder in the long run, making the next appointment or two to the Court even more critical.

To make a long story short, the majority opinion (as brilliantly exposed in Justice Ginsburg's dissent) went to inordinate and irrational lengths to reconcile the decision with the Court's precedents, most obviously Stenberg (which struck down state "partial-birth" bans), Casey (which solidified a "health exception" to any permittable abortion restrictions), and Roe itself. Clearly the replacement of O'Conner by Alito made this result possible. But the failure of Alito and Roberts to join the concurring opinion by Thomas and Scalia calling for a reversal of all these precedents means that a further change in the Court will probably be necessary to produce a more fundamental shift in the constitutional law of abortion rights. And that's one of many reasons why Democrats need to win the presidency in 2008.

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Open Thread

Do you use the reader blogs? Do you read them (button above) or write on them?

I've been trying to figure out a coherent system for promoting them to the front page. We have a feature for recommending things you like, but not enough people use it for it to be a perfect criteria. So I've also been considering how relevant it is to the day's news or the day's discussion on the site. Thoughts?

MY REACTION TO THE TRAGEDY AT VIRGINIA TECH

Six months after the Amish school shootings in Pennsylvania and nearly eight years after Columbine, America once again mourns for the victims of another senseless mass shooting. We have all been touched by this week's tragedy at Virginia Tech. A member of my own staff is a Virginia Tech graduate, who resided in West Ambler Johnston Hall. This week, we are all Hokies.

But we must ask ourselves why this keeps happening. The answer, I believe, partially lies in the near ubiquity of hand guns and other assault weapons in this country.

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Sticks and stones: what would Orwell say about Imus?

Do words matter? Do names matter? Here's one of the smarter pieces I've seen, by Caryl Rivers, about why the Imus debacle matters. I'll give a sample of it below.

But before I do, another thought. I was talking with civil libertarian and free-range thinker Wendy Kaminer last night. She said something that really moved me: that those Rutgers athletes were exploited and hurt by everyone who repeated the degrading phrase last week, when we could have referred to it obliquely. Words like those (and this is me speaking now, not Wendy Kaminer) are a social infection, as Caryl Rivers' piece explains very well. We do best when we wash our hands and refrain from passing the virus along. So herewith my pledge: I'm going to put it in <word deleted> brackets from now on.

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Tax Day Silliness

I took part in a rousing debate last night on Larry Kudlow’s show last about fairness and tax policy.

While I fear such debates generate more heat than light, the argument really breaks down very simply: if you want to make our tax system sound unfair, you do two things. First, you talk only about income taxes, ignoring payroll and other sources, and second, you talk about the share of taxes paid by each income class.

Note that last one. You don’t talk about the share of their income that families pay in taxes, a much more intuitive measure of fairness. You talk about the share of total tax receipts paid by different groups. Then you can say stuff like, “the top 1% pays for 25% of the total tax bill.”

Now, as I’ll stress in a minute, those points have little to do with fairness.

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Open Thread

Thoughts and prayers at Virginia Tech today. And, as Larry said, with those who experience this kind of tragedy every day.

When Bloggers Aren't Blogging

The Warren Reports blogging team all have day jobs--students (or faculty) at Harvard Law School. For most of them, however, being students and bloggers isn't enough. They are working on issues they care deeply about.

One of our long-time members, Ganesh Sitaraman, has been written up for his work on a proposal to help college students pay off debt by public service work. The proposal is written up in more detail here and here.

This blogging team gives me hope for the future.

Now Do You Understand?

Breaking news! At least 31 Virginia Tech students gunned down. Cable news channels are wild with activity as they pump up the coverage a focus on the latest "crisis". The media is commenting that this shooting is overwhelming the local medical facilities. Crisis is in the air. Well, at least it ain't Iraq.

Okay. Big deep breath. This is horrible and this is tragic and this gives us an idea of what it is like to live just one day in Iraq. Consider the following:

04/15/07 Reuters: 19 bodies found in Baghdad on Saturday Police found the bodies of 19 people in various parts of Baghdad in the past 24 hours, police said

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Duke Case Shows Racism in Our Justice System

Some conservatives are pointing to the unravelling of the Duke lacross rape case as supposedly showing some kind of reverse racism against whites. They shouldn't.

If anything, the fact that, despite having a prosecutor trying to nail them, the rich white defendants were able to marshall both the public support and financial resources to most likely avoid jail emphasizes the difference facing other defendants-- especially the legion of innocent defendants unjustly convicted as highlighted by groups like the Innocence Project.

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Duke Case Shows Racism in Our Justice System

some conservatives are pointing to the unravelling of the Duke lacross rape case as supposedly showing some kind of reverse racism against whites. They shouldn't.

If any

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Open Thread

Is this true of us?

In most online communities, 90% of users are lurkers who never contribute, 9% of users contribute a little, and 1% of users account for almost all the action.
This is a thread for the lurkers and the 9 percenters. Break the mold, share some wisdom.

The Hundred Hour Bull

The Democrats claim that they lived up to their campaign promise and enacted six major bills in their first 100 hours in office. The actual number is a fat, round, zero. None of the bills the Democrats are touting so far have made it into law and four of the six have been approved only by the House.

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Un-compromising positions

Last week, when we started this conversation, I said I think it’s important to think big – to broaden the playing field and not to preemptively take good ideas off the table. I also said I thought single-payer was such a good idea – maybe the best idea of all. I still believe both propositions.

But precisely because I like single-payer, I think it’s important to be realistic about the politics of it. By that, I don’t mean how it will play in Washington. I mean how it will play beyond Washington. And I think it’s a lot more complicated than it might seem at first. …

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Oh and yes

As a privileged user of the public's airwaves,with only conditional free speech, Imus had no right to make the remarks he made. For years radio shock jocks, of which Imus was one, have known there were lines they weren't supposed to cross, under the law. One of the tricks of their tawdry trade was to use others -- stooges, tapes of bad actors, quotes, callers on the phone -- to introduce offensive material, so the "host" could make light of it, while appealing at the same time to the worst of his or her audience. This time Imus slipped, said the offensive things himself, instead of eliciting the remarks from others. Based on past practice, he wanted the remark made, but wished he had had someone else make it. And when the target group got access to the media (which is unusual; typically his victims have no chance to defend themselves), they proved by their eloquent sincerity the wrong he had done them. Then everyone had to choose sides, and Imus was toast.

If Imus wants to go on the Internet with his act he of course is welcome to do so. There he will have no advertisers worth counting, no millions pouring into his checkbook, no employer who can fire him, no employees to use as stooges, no pandering guests, none of the fortunate forgetfulness that attaches to the merely spoken word, no audience to speak of, and absolute right of free speech. So don't waste an ounce of pity on him, America.

Jeff Flake and Charlie Rangel Break Through Taboo of Exposing America's Failed Cuba Policy

Congressmen Jeff Flake (R-AZ) and Charles Rangel (D-NY) have laid out a compelling and sensible plan to reconsider America's relations with Cuba titled "Time for America to be Relevant in Cuba."

Jeff Flake will now be the headline speaker at a forum on Wednesday, 18 April, that runs from 12:15-2:00 pm and helping to launch the New America Foundation's "21st Century US-Cuba Policy Initiative." Former State Department Chief of Staff Lawrence Wilkerson and I will both be speaking at this meeting, and the public is invited.

For those who haven't been paying much attention to Cuba since the time when John Bolton recklessly accused the Cubans of manufacturing bio-weapons, Fidel Castro in the not too distant future will be moving on. He's one of the "big personalities" of this era -- and when he does die -- CNN, the History Channel, Discovery, probably even Comedy Central will be airing programs and commentary on this giant political personality who defied and survived a long line of U.S. presidents. Castro will be vilified by some and respected by others. But fascination with Fidel will significantly enlarge the number of Americans who become aware that America's direction on Cuba has largely been the same for decades.

Post-Castro Cuba is something we should be thinking about today. After many decades of failed results from a Cold War-fashioned embargo against the Cubans, Jeff Flake and Charles Rangel -- and many of their colleagues -- believe that a new game plan needs to be considered.

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« April 8, 2007 - April 14, 2007 | Café Home | April 22, 2007 - April 28, 2007 »

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June 30-July 4

Steven Greenhouse The Big Squeeze

July 7-11

David Sirota The Uprising

July 14-18

Ross Douthat and Reihan Salam Grand New Party

July 21-25

Bill Bishop The Big Sort

August 4-9

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August 11-15

James Galbraith The Predator State

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