Tag Archives: John Hinderaker

Ah, Paging Mike Kinsley…

Chris Rovzar at New York Magazine:

Speaking to a small group at MIT, State Department spokesman P.J. Crowley said that accused WikiLeaker Bradley Manning is “in the right place” in federal custody, but the way he has been treated is “ridiculous and counterproductive and stupid.” Just now, ABC News’ Jake Tapper asked President Obama about the comments in the White House Briefing Room. “With respect to Private Manning, I have actually asked the Pentagon whether the procedures that have been taken in terms of his confinement are appropriate and are meeting basic standards,” Obama replied. “They assured me that they are. I can’t go into details about some of their concerns, but some of that has to do with Private Manning’s safety as well.” In other news, apparently Manning’s no longer sleeping naked: Now he gets to have a “suicide-proof” sleeping smock.

Hilary Clinton:

Resignation of Philip J. Crowley as Assistant Secretary of State for Public Affairs

Press Statement

Hillary Rodham Clinton
Secretary of State
Washington, DC
March 13, 2011

It is with regret that I have accepted the resignation of Philip J. Crowley as Assistant Secretary of State for Public Affairs. PJ has served our nation with distinction for more than three decades, in uniform and as a civilian. His service to country is motivated by a deep devotion to public policy and public diplomacy, and I wish him the very best. Principal Deputy Assistant Secretary (PDAS) Michael Hammer will serve as Acting Assistant Secretary for Public Affairs.

STATEMENT BY PHILIP J. CROWLEY

The unauthorized disclosure of classified information is a serious crime under U.S. law. My recent comments regarding the conditions of the pre-trial detention of Private First Class Bradley Manning were intended to highlight the broader, even strategic impact of discrete actions undertaken by national security agencies every day and their impact on our global standing and leadership. The exercise of power in today’s challenging times and relentless media environment must be prudent and consistent with our laws and values.

Given the impact of my remarks, for which I take full responsibility, I have submitted my resignation as Assistant Secretary for Public Affairs and Spokesman for the Department of State.

I am enormously grateful to President Obama and Secretary Clinton for the high honor of once again serving the American people. I leave with great admiration and affection for my State colleagues, who promote our national interest both on the front lines and in the quiet corners of the world. It was a privilege to help communicate their many and vital contributions to our national security. And I leave with deep respect for the journalists who report on foreign policy and global developments every day, in many cases under dangerous conditions and subject to serious threats. Their efforts help make governments more responsible, accountable and transparent.

Josh Rogin at Foreign Policy:

Crowley’s Twitter personality mirrored his real-life personality — affable, edgy, sometimes sarcastic, and occasionally a little off-message. Crowley’s energy and willingness to take measured risks by going beyond the Obama administration’s standard talking points is what endeared him to the reporters he worked with each day. It was that same openness that cost him his job, after he admitted that he believed the Marine Corps’ treatment of alleged WikiLeaks source Private Bradley Manning was “ridiculous and counterproductive and stupid.”

Crowley’s last tweet before resigning was a gem, but he deleted it. “We’ve been watching hopeful #tsunami sweep across #MiddleEast. Now seeing a tsunami of a different kind sweep across Japan,” read the March 11 tweet.

Of the remaining 400-plus tweets he sent out to his 24,000-plus followers, here are The Cable‘s top 10, in reverse chronological order:

  1. March 1, 7:08 a.m.: “#Qaddafi tells #ABCNews: All my people with me, they love me. They will die to protect me. The #Libyan people tell Qaddafi: You go first!”
  2. Feb. 26, 7:37 a.m.: “Despite #Qaddafi‘s hardly sober claim that the protesters are on drugs, the people of #Libya are clear-eyed in their demand for change.”
  3. Feb. 22, 7:28 p.m.: “We are surprised that #Argentina has chosen not to resolve a simple dispute involving training equipment. And we still want our stuff back.”
  4. Feb. 16, 7:56 a.m.: “#KimJongIl‘s son attended an #EricClapton concert in Singapore? Actually, the #DearLeader himself would benefit from getting out more often.”
  5. Jan. 22, 5:40 a.m.: “The claim by the lawyer for #JulianAssange that his client could go to #Guantanamo is pure legal fantasy. Save it for the movie.”
  6. Dec. 24, 12:40 p.m.: “The legal export of popcorn, chewing gum, cake sprinkles and hot sauce is not propping up the Iranian government. #Iran
  7. Oct. 28, 4:30 p.m.: “Happy birthday President #Ahmadinejad. Celebrate by sending Josh Fattal and Shane Bauer home. What a gift that would be. #Iran
  8. Aug. 27, 5:38 p.m.: “Americans should heed our #travel warning and avoid North Korea. We only have a handful of former Presidents. http://go.usa.gov/cAO #DPRK
  9. Aug. 20, 11:34 a.m.: “North #Korea has joined #Facebook, but will it allow its citizens to belong? What is Facebook without friends?”
  10. May 18, 10:37 p.m.: “It doesn’t take a reading test to recognize misguided legislation. I have read the #Arizona law. Comprehensive reform is the right answer.”

Mike Konczal at Rortybomb:

This argument is the liberal argument.  This is what distinguishes liberals from conservatives in this space.   The liberal argument isn’t that we have an extensive, unaccountable security state and feel really bad about it (while the conservative argument is that we cheerlead it), it’s that this kind of state is a bad deal.  The machine Cheney et al were operating in the dark, away from any oversight gave us no useful intelligence, corrupted offices, people and practices, and left us less safe than had we not done anything.   This is the argument I find convincing.  That Obama campaigned as the constitutional law professor from Chicago who could push back on the 8-year power grab was one reason I found him so compelling as a candidate.

P.J. Crowley has a distinguished career, retiring from the Air Force as a Colonel, and it’s good to see him stand by his statement after resigning. When I combine things like this with the administration’s aggressive war on whistleblowers it makes me think this has been a complete disaster at reform in the security-surveillance state.   What can be done about this?

Three related: 1. Kudos to the people who cover this material. Glenn Greenwald, FDL, Adam Serwer, etc. I can link to an unemployment number to tell you what you already know – things are bad in the economy. That Obama has an aggressive war on whistleblowers when he campaigned to expand their protections is a tough narrative to establish, especially since everyone has wanted to believe otherwise in the liberal space.

2. Emptywheel has a post about the Brothers Daley and torture, relating Bill Daley’s comment – “he’s done” – to the sordid history of Richard Daley’s time as a prosecutor and Chicago Police Commander Jon Burge’s torture of African-American residents of Chicago during interrogations. I’ve talked with people who know the Burge situation well from Chicago, and when I ask how could it happen I always get some variety of “that’s how things were done back then.” I worry that a “that’s how things are done” is taking to the surveillance state now that Obama hasn’t broke it but instead established and, in some cases, expanded it.

3. Robert Chlala at Jadaliyya has a post – Of Predators and Radicals: King’s Hearings and the Political Economy of Criminalization – that gives a disturbing look at where all this can go. Discussing “From Super Predator to Predator Drone” Chlala argues that the current work done on Muslim so-called radicalization in America looks very similar to the African-American “youth gang” hysteria of the 1990s, an argument that lead to a massive expansion of the incarceration state along with a political ideology of making “state violence the only solution to social questions…while nurturing a broader racialized political economy of fear that entwines media, police, military, prisons, urban “entrepreneurs,” and security/crime “experts” towards the solidification of the neoliberal punitive state.” We’ve seen where this hysteria leads. Serious leadership and mechanisms for accountability when it fails is needed.

David Weigel:

It sounds even stranger when you type it out: the spokesman for the Secretary of State resigned over comments he made at a seminar of around 20 people at MIT. It sounds so strange that the Guardian muddled it a bit in one of the first stories on the matter.

Hillary Clinton‘s spokesman has launched a public attack on the Pentagon for the way it is treating military prisoner Bradley Manning, the US soldier suspected of handing the US embassy cables to WikiLeaks.

Not really; it was a non-reported, non-televised talk to a small group that happened to be blogged. He wasn’t saying he spoke for the administration, much less that he knew the facts of the case. It was a comment in confidence; that was enough to embarrass the administration and boost him out.

John Hinderaker at Powerline:

Reflexive leftism is pretty common at State, and I suppose this was a classic gaffe, i.e., Crowley said what he actually believed. Still, it is hard to understand how Crowley could have thought it would be OK to slam the Defense Department. Isn’t the State Department supposed to be all about diplomacy? Isn’t it a bit weird that they can’t come up with a spokesman who is diplomatic enough not to insult the guys on his own side?

Rick Moran:

The military says that Manning is on suicide watch which necessitates his being stripped to make sure he can’t harm himself. If Crowley thinks that’s “ridiculous” he also thinks the Defense Department are violating the law by enforcing common sense procedures to make sure we have a live suspect to stand trial and not a dead martyr.

Crowley’s position simply became untenable.

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Filed under Political Figures, Torture

Wait, Wait, Don’t Film Me

James O’Keefe:

Project Veritas’ latest investigation focuses on the publically-funded media organization, National Public Radio.  PV investigative reporters, Shaughn Adeleye and Simon Templar posed as members of the Muslim Action Education Center, a non-existent group with a goal to “spread the acceptance of Sharia across the world.”

Matthew Boyle at the Daily Caller:

A man who appears to be a National Public Radio senior executive, Ron Schiller, has been captured on camera savaging conservatives and the Tea Party movement.

“The current Republican Party, particularly the Tea Party, is fanatically involved in people’s personal lives and very fundamental Christian – I wouldn’t even call it Christian. It’s this weird evangelical kind of move,” declared Schiller, the head of NPR’s nonprofit foundation, who last week announced his departure for the Aspen Institute.

In a new video released Tuesday morning by conservative filmmaker James O’Keefe, Schiller and Betsy Liley, NPR’s director of institutional giving, are seen meeting with two men who, unbeknownst to the NPR executives, are posing as members of a Muslim Brotherhood front group. The men, who identified themselves as Ibrahim Kasaam and Amir Malik from the fictitious Muslim Education Action Center (MEAC) Trust, met with Schiller and Liley at Café Milano, a well-known Georgetown restaurant, and explained their desire to give up to $5 million to NPR because, “the Zionist coverage is quite substantial elsewhere.”

On the tapes, Schiller wastes little time before attacking conservatives. The Republican Party, Schiller says, has been “hijacked by this group.” The man posing as Malik finishes the sentence by adding, “the radical, racist, Islamaphobic, Tea Party people.” Schiller agrees and intensifies the criticism, saying that the Tea Party people aren’t “just Islamaphobic, but really xenophobic, I mean basically they are, they believe in sort of white, middle-America gun-toting. I mean, it’s scary. They’re seriously racist, racist people.”

John Hinderaker at Powerline:

Check out this stunning video, shot undercover by two associates of James O’Keefe. The two posed as representatives of an organization founded by the Muslim Brotherhood that is trying “to spread acceptance of Sharia across the world.” That, plus their expressed interest in making a $5 million donation to NPR, got them a meeting at a Georgetown restaurant with Ron Schiller, the outgoing head of NPR’s nonprofit foundation, and Betsy Liley, NPR’s director of institutional giving.

Hugh Hewitt:

I asked my booking producer to put in a request for NPR’s Vivian Schiller to appear on today’s program.  Her staff first demanded to know what we wanted to talk about and then, after being told it was her speech yesterday, tunred us down and cited Schiller’s travel schedule.

Of course NPR executives don’t want to face other than their Beltway journalist pals asking softball questions. And that was before this tape surfaced.  Incredible. (The subject of the undercover film is Ronald J. Schiller, whom the Aspen Institute just announced as a big new hire.)

If the GOP House leadership leaves one dime in the CPB’s account, it will be to their shame and it will not be forgotten by the base anymore than a failure to defund Planned parenthood will be forgiven.  The majority of Americans are fed up with feeding the hard left interest groups in this country, no matter how nice their bump music or how self-satisfied and insular their hard-left leadership.

Ann Althouse:

The pranksters were trying to trap Schiller into sounding anti-Jewish or anti-Israel, and I would defend Schiller for what he said in response to that prodding. What does look really bad, though, is his virulent hostility toward social conservatives and his twisted image of the people in the Tea Party movement. What’s completely predictable — we’re familiar with NPR — is the preening self-love of the liberal who’s so sure he and his people are the smart ones. Not smart enough not to get pranked, though.

Remember when Scott Walker got pranked the other day by a phone call purporting to be from David Koch? His opponents couldn’t get enough of calling him stupid for that, and even though he said nothing inconsistent with his public talking points and seemed the same as he is in public, they fine-tooth-combed his remarks to find little things they could blow up and portray as evil. Forget empathy and fairness — use whatever you find as brutally as you can.

Now here’s this choice new material from Schiller, giving conservatives the chance to punch back twice as hard (to use the old Obama WH motto).

Ed Morrissey:

Maybe I’m getting inured to this kind of thing, but for me the big screaming headline from the latest James O’Keefe undercover video isn’t that high-ranking NPR executive Ron Schiller bashes conservatives, Republicans, and the Tea Party as “white, gun-toting … xenophobic … seriously racist people.” The big news for me comes when Schiller, who thinks he’s meeting with representatives from the fictitious Muslim Education Action Center (MEAC) to discuss a $5 million donation to NPR to help MEAC “spread Sharia worldwide,” that NPR would do better without federal funding.  Just before this, Schiller tells the two undercover reporters that federal funding only accounts for 10% of their direct funding, but a sudden end to subsidies for public broadcasting would close a number of their stations, which gives a little more clearer explanation of their financial dependence on taxpayers.

Nick Gillespie at Reason:

I agree with HotAir’s Ed Morrissey that the most-interesting takeaway from the latest vid from James O’Keefe (he of ACORN fame) is that Ron Schiller of the NPR Foundation suggests that the media operation would be better off without taxpayer subsidies. I suspect many if not most Reason.com readers will disagree with much of what Schiller and his colleague say, but they don’t come off so bad.

Coincidentally, NPR just put out this: Davis Rehm, NPR’s senior vice president of marketing, communications and external relations, has released this statement: “Mr. Schiller announced last week that he is leaving NPR for another job.”

Too bad the Muslim Education Action Center Trust is a fake organization — Schiller would have made a perfect spokesman for them.

Unbiased bonus from the same video: Climate change deniers compared to birthers and flat earthers.

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Filed under Conservative Movement, Mainstream, Politics

What The Hell Is Going On In Libya?

Daily Mail:

Libyan leader Muammar Gaddafi has fled Libya and may be heading for Venezuela, William Hague said today.

The Foreign Secretary said he had seen ‘information’ that suggests Gaddafi is on his way to the South American country – as Libya was up in flames today with reports of around 400 dead.

The dictator was said to have fled as the country, which he has ruled for more than 40 years, was up in flames after anti-government demonstrators breached the state television building and set government property alight.

The country’s diplomats at the UN are calling for Gaddafi to step down. Deputy Ambassador Ibrahim Dabbashi said that if Gaddafi does not reliqniquish power, ‘the Libyan people will get rid of him’.

But officials in Venezuela, where president Hugo Chavez is an ally of the Libyan dictator, denied any suggestions that Gaddafi was seeking refuge there. Information minister Andres Izarra said the reports were ‘false’ .

Max Fisher at The Atlantic:

Because of the country’s severe media restrictions, information out of Libya is extremely difficult to verify. Protesters send reports to Libyan exile groups or to open-source organizers such as Shabab Libya, which then filter through to social or traditional media. On Saturday, Switzerland-based exile groups told Reuters that protesters had completely seized Bayda, also located in the east. In the broken, urgent English common to such dispatches, Shabab Libya reported on Twitter, “Now breaking from #bayda they fought and beat the mercenaries and hanged them in the valleys surrounding bayda. now %100 secure.” Reuters later added that government forces were attempting to retake the town.

Even by the mildest and most reliable accounts out of Libya, the uprising there has been far more violent than any of those across North Africa and the Middle East. Other such demonstrations have emphasized nonviolent occupation, with protesters seizing a central location such as Cairo’s Tahrir Square and holding it against government attempts to disperse them. Libyan protesters began as the others, gathering peacefully in city centers. But over the past week, perhaps in response to the brutal and often fatal government response, the demonstrators have gone from enduring the crackdown to actively fighting back. Matching aggression with aggression, and likely fearing for their lives if they fail, the enraged protesters of Benghazi and elsewhere are attacking security forces and buildings. It’s not that Libya’s protesters are especially violent; the severity of Qaddafi’s crackdown has forced them to choose between going on the offensive or accepting annihilation.

For now, it’s impossible to know for sure whether protesters really did secure Libya’s third-largest city, whether the lush Mediterranean hills outside the city are punctuated with the hanging bodies of security forces, or whether government militias launched a counter-assault that may still be ongoing. But such claims are in line with a pattern of jarringly violent reports out of Libya. Security forces opened fire on a funeral procession in Benghazi, Al Jazeera reports, killing at least 15 mourners. According to BBC News, army snipers are firing indiscriminately at protesters. Libyan social media outlets, which have been several hours ahead of traditional media but may be prone to exaggeration, carry several shocking reports: that protesters have set fire to government buildings in the western city of Yifran, that security forces are raining mortars on civilians in Benghazi, that children are among the dead.

James Ridgeway at Mother Jones:

The Libyan protests have been inspired by the wave of uprisings across North Africa, but they grow out of deep-seated poverty, unemployment, and political repression at the hands of yet another entrenched despot. Whether they will result in Libya achieving the sort of change experienced by Tunisia and Egypt is impossible to say, but early signs indicate that whatever the outcome, a high price is likely to be paid in human life.

Complicating matters is Libya’s unusual position in world affairs. Not long ago it was a pariah nation. But since 9/11, it has wormed its way back into favor with the United States and Europe because Qaddafi joined the war on terror, cooperating in the Lockerbie bomb investigation, coming down hard on al Qaeda, and kicking out terrorists he had once sheltered. At the same time, he has steered Libya into an increasingly powerful position in world politics because of its vast oil reserves. Libya has an especially close relationship with its former colonial master, Italy. It now provides about 20 percent of all Italy’s oil imports and has invested in sizeable amounts in that country’s energy infrastructure including the transnational energy giant ENI.

Along with their energy deals, Italian Prime Minister Silvio Berlusconi and Qaddafi have agreed to work together to stem the increasing numbers of migrants seeking a better life in Europe. In addition to those leaving from North Africa, thousands more have been moving up the Red Sea from Eritrea, Sudan, Somalia and other countries. Their point of entry is Italy–specifically, the small Italian island of Lampedusa, which lies in the Mediterranean midway between Libya and Sicily.

In 2009, Qaddafi and Berlusconi made an agreement that became part of an open and often vicious campaign against migrants: Libya would try to keep them from leaving in the first place; if they got out, Italy would send them back to Libya without providing them a chance to make asylum claims.

Ed Morrissey:

In Libya, it appears that Saif al-Islam Gaddafi got his answer to the ultimatum delivered last night. He warned of a bloody reprisal by the regime if protestors did not cease. Now that the rebels have called Gaddafi’s bluff, he has to wonder whether the “five million” in his military will respond to his call, or join the protestors in ridding themselves of Libya’s petty dynasty.

Speaking of which, where is Col. Moammar? If he was still in Libya, wouldn’t he be the man to put on television and rally the army to the regime?

John Hinderaker at Powerline:

While events are murky at best, it seems unlikely that Gaddafi’s regime can survive. What will follow it is, at this point, anyone’s guess.

That sets up an interesting comparison. The United States supported Mubarak’s government in Egypt for several decades, militarily and otherwise. Now, the frequently anti-American tone of Egypt’s rebels is often attributed to that support. Many commentators argue that the U.S.’s support of Mubarak was short-sighted, and that it will be our own fault if the government that ultimately emerges in Cairo is anti-American.

Perhaps so. But if that theory is correct, shouldn’t we see a different result right next door, in Libya? The U.S. has never supported Gaddafi; on the contrary, we tried to assassinate him at least once. So does that increase the likelihood that the rebels who detest Gaddafi will be friendly to America when some combination of them take power? On its face, that makes sense; one can draw an analogy to Eastern Europe, where the governments that took power upon the collapse of the Soviet Union were almost uniformly pro-American.

Will the same thing happen in Libya? I don’t know; but history seems to be setting up a laboratory experiment in north Africa.

Dan Drezner:

In Sayf-Al-Islam’s rambling speech last night on Libyan State television, he blamed the current unpleasantness in his country on, as near as I can determine, crazed African LSD addicts.

This isn’t going down as well as Sayf had intended, and Libya seems less stable than 24 hours earlier.  Indeed, Sayf’s off-the-cuff remarks managed to make Hosni Mubarak’s three speeches seem like a model of professionalism, which I would not have thought was possible a week ago.

Indeed, it is striking how utterly incompetent leaders in Tunisia, Egypt, and Libya have been at managing their media message.  Speeches are announced, then never delivered on time, and then delivered with production values that woulds embarrass a public access channel in the U.S.  It’s like political leaders in the region have discovered blogs just as the young people has moved on to Twitter or something.  [Er, no, that’s the United States–ed.]  Oh, right.

Having just finished a week of intense media whoring, methinks that one problem is that most of these leaders have simply fallen out of practice (if they were ever in practice) at personally using the media to assuage discontent.  I’ve been on enough shows on enough different media platforms to appreciate that there is an art, or at least a tradecraft, to presenting a convincing message in the mediasphere.  Authoritarian leaders in the Middle East are quite adept at playing internal factions off one another.  That’s a different skill set than trying to craft a coherent and compelling media message to calm street protestors no longer intimidated by internal security forces.

Andrew Sullivan:

It looks to me as if this is all but over. Ambassadors abroad are resigning right and left. There are no signs of the regime’s authority in the capital, except a few pockets of troops loyal to Qaddafi. Amazing. Look at the map. From Tunisia through Libya to Egypt and Bahrain, regime change has come from below in just a few weeks. Now wonder the King of Jordan is getting a little jumpy.

Can you imagine the mood among the Saudi dictators right now?

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Filed under Africa, Global Hot Spots

Vinson Goes The Whole Taco

Erick Erickson at Redstate:

I am not, with this post, going to attempt a detailed exposition on Judge Vinson’s ruling that declared the individual mandate unconstitutional and, due to the lack of a severability clause, struck the whole law as unconstitutional. But I will give you a brief overview and direct you to other good sources.

Here are the basics you will need to start your day.

First, you need to understand that the case before Judge Vinson was not directed at whether the federal government can involve itself in healthcare. Instead, the case was whether the individual mandate is constitutional.

The individual mandate is the keystone to the whole legislation. Without it, the funding mechanisms of the law collapse in on themselves. Judge Vinson ruled that forcing people to buy healthcare insurance, whether they want it or not, is unconstitutional.

Ilya Shapiro at Cato:

In short, if I read the opinion (plus this final judgment) correctly — quite apart from both the lofty philosophical principles I applaud Judge Vinson for adopting and the nitty-gritty technical details of his individual mandate analysis — Obamacare is dead in its tracks.  Now, Judge Vinson himself or the Eleventh Circuit (or even the Supreme Court) may issue an emergency stay of this or any other part of the ruling, but as of right now, the federal government must stop implementing Obamacare.

Aaron Worthing at Patterico:

Well, go ahead, see what happens if you try to implement Obamacare without actually overturning the decision.

And notice that term “activism.”  The correct translation when a liberal says it is “a decision I don’t like.” There is no other definition for liberals.  They don’t mind cases that overturn precedents, that overturn federal laws, and that invent rights out of thin air.  Let’s suppose for the sake of argument that the judge’s opinion is supported by the constitution or precedent—they have no principled objection to that.  So their objection is merely to losing.

And meanwhile anonymous White House officials had this to say:

White House officials said that sort of “surpassingly curious reading” called into question Judge Vinson‘s entire ruling.

“There’s something thoroughly odd and unconventional about the analysis,” said a White House official who briefed reporters late Monday afternoon, speaking on condition of anonymity.

David Bernstein:

Hmm. I think it’s a bit curious that the White House would send an “anonymous” official to criticize the ruling of an Article III judge, and surpassingly curious that a gaggle of reporters would agree to respect the aide’s anonymity in exchange for the “anonymous” quotes.
Shouldn’t the reporters either tell the official to go on the record, or refuse to take part in a “briefing” that amounts to simply a colorful attack on an unfavorable opinion?

Orin Kerr:

Now let’s return to Judge Vinson’s analysis of the Necessary & Proper Clause. The words of the relevant Supreme Court cases point to an extremely broad power, and Judge Vinson is supposed to be bound by those words. But Judge Vinson concludes that these words can’t be taken at face value because “to uphold [the mandate] via application of the Necessary and Proper Clause would [be to] . . . effectively remove all limits on federal power.” Page 62. He writes:

[T]he Commerce Clause limitations on the federal government’s power would definitely be compromised by this assertion of federal power via the Necessary and Proper Clause. . . . .The defendants have asserted again and again that the individual mandate is absolutely “necessary” and “essential” for the Act to operate as it was intended by Congress. I accept that it is. Nevertheless, the individual mandate falls outside the boundary of Congress’ Commerce Clause authority and cannot be reconciled with a limited government of enumerated powers. By definition, it cannot be “proper.”

This might work as a Supreme Court opinion that can disagree with precedent. But Judge Vinson is just a District Court judge. And if you pair Justice Thomas’s dissent in Raich with Judge Vinson’s opinion today, you realize the problem: Judge Vinson is reasoning that existing law must be a particular way because he thinks it should be that way as a matter of first principles, not because the relevant Supreme Court doctrine actually points that way. Remember that in Raich, the fact that the majority opinion gave the federal government the power to “regulate virtually anything” was a reason for Justice Thomas to dissent. In Judge Vinson’s opinion, however, the fact that the government’s theory gave the federal government the power to “regulate virtually anything” was a reason it had to be inconsistent with precedent.

Obviously, I’m not arguing that Judge Vinson was bound by Justice Thomas’s dissent. Rather, my point is that Judge Vinson should not have used a first principle to trump existing Supreme Court caselaw when that principle may not be consistent with existing caselaw. Either Justice Thomas is wrong or Judge Vinson is wrong, and Judge Vinson was not making a persuasive legal argument when he followed the first principle instead of the cases. Because Judge Vinson is bound by Supreme Court precedent, I would think he should have applied the cases.

Anyway, I realize this argument will only resonate with readers who care about binding precedent, which at times seems like a vanishingly small group of readers. But it does seem to be the weak link in Judge Vinson’s opinion for the three of us who are interested in whether the decision is correct under existing law.

UPDATE: I closed the comment thread, as it featured the same commenters making the same comments that they have each made several dozen times before.

ANOTHER UPDATE: My co-blogger Ilya Somin defends Judge Vinson by pointing out that the Supreme Court’s majority opinions insist that the federal government does not have completely unlimited power. Ilya’s argument is unpersuasive because the existence of nonzero limits in no way implies the existence of major limits. The current state of Commerce Clause doctrine is that there are certain largely symbolic limits on federal power but those limits are relatively minor: As Justice Thomas put it, Congress can regulate virtually anything.  Judge Vinson says that this cannot be the law because it would make the federal government too powerful. But Judge Vinson does not consult existing doctrine before declaring the principle, and that’s the problem: If you take existing doctrine seriously, it readily fits the mandate under the Necessary and Proper clause.

Peter Suderman at Reason

John Hinderaker at Powerline:

Based on existing Supreme Court precedents, Judge Vinson’s opinion strikes me as well-reasoned. But this case is different from any that have yet come before the Court, and the Court could go either way. The final decision will be essentially political.

While everyone purports to agree in principle that our federal government is one of limited, enumerated powers, the true liberal position is that there are no limits at all on what the federal government can do, except as set forth in the Bill of Rights. Thus, the delineation of the role and powers of the national government, as laid out in the main body of the Constitution, is ignored. On the other hand, the amendments are selectively given an expansive reading where necessary to prevent the government from doing something that liberals do not think is appropriate (e.g., enforcing laws against abortion). Affirming Obamacare would represent a new high-water mark for that philosophy.

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Filed under Health Care

Domodedovo Airport

Video from Robert Mackey in NYT

BBC News:

Moscow’s Domodedovo airport has been rocked by a bomb explosion that an airport spokesman says has killed 35 people.

More than 100 people were injured – 20 of them critically – by the blast, which reports suggest was the work of a suicide bomber.

Russia’s chief investigator said terrorists were behind the attack.

The airport – the busiest serving Russia’s capital – is 40km (25 miles) south-east of the city centre.

President Dmitry Medvedev vowed those behind the attack would be tracked down.

He ordered increased security across Russia’s capital, its airports and other transport hubs, and called an emergency meeting with top officials. He also postponed his planned departure for this week’s World Economic Forum at Davos.

BBC security correspondent Gordon Corera said immediate suspicion about Monday’s attack would fall on militants from the Caucasus region.

Militant groups fighting in the Caucasus know how important the perception that the president and prime minister provide a secure society is, and to undermine that is a key aspect of their aims, adds our correspondent.

Last March the Russian capital’s underground system was rocked by two female suicide bombers from Russia’s volatile Dagestan region, who detonated their explosives on the busy metro system during rush hour, killing 40 people and injuring more than 80.

Ed Morrissey:

Update: Reuters also reports 10 dead, 20 injured, and that it was a suicide bomber:

At least 10 people were killed and 20 injured in a suicide bomb blast at Moscow’s Domodedovo airport Monday, Interfax news agency reported.

Update II: The AP was a little more cautious, saying that “no immediate word” on a cause had been given and not offering anything more specific than “at least 20 casualties.”

Update III: At the same link, the AP now says 23 are dead and are now including the likelihood of it being a suicide-bomber attack.

Update IV: The AP now puts the death toll to 31, with 130 injured.  They also note that Domodedovo had a reputation for lax security:

Domodedovo is generally regarded as Moscow’s most up-to-date airport, but its security procedures have been called into question.

In 2004, two suicide bombers were able to board planes at Domodedovo by buying tickets illegally from airport personnel. The bombers blew themselves up in mid-air, killing all 90 people aboard the two flights.

At least according to today’s reports, it’s also the busiest airport in Moscow, which makes it an even bigger target.

Doug Mataconis:

The most obvious suspects here would seem to be the Chechens, who have shown an ability to carry out spectacular, and deadly, terrorist attacks throughout Russia and even in Moscow itself many times over the past decade.

Michelle Malkin:

The NYTimes report doesn’t even bother to mention how Russia has been plagued by Islamic jihadist attacks.

But that’s par for the course.

The Jawa Report:

Now taking bets. The culprit is:

a. Tea Party Member

b. Someone incited by Sarah Palin’s violent rhetoric

c. A Christian

d. all of the above

e. None of the above (it wouldn’t be PC to define it)

[Update] Death toll now at 31 35. Russian President has already called the attack an act of terrorism. (In the U.S., authorities would insist it had no terrorist link until right-wing bloggers discovered direct and indisputable evidence that it was.)

Still no word – or even a hint – on motivation.

John Hinderaker at Powerline

The Gateway Pundit

Aaron Worthing at Patterico:

There are some reports around that this is a suicide bombing, which suggests a terrorist organization like al Qaeda is behind it.  But to be blunt the last time we had a breaking news story like that, the Safeway Massacre, very little of what was believed at first turned out to be true.  I mean Ms. Giffords can now use that familiar Twain joke “the rumors of my death have been greatly exaggerated.”  The fact that those rumors were published in major media outlets is correctly seen as an embarrassment.

So, take everything you are hearing as a “penciled in” report.  All of it could be wrong.  But hopefully as time goes on we will sort it out and I will try to update this post as details get clearer.

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You Blog About Politics, You Blog About Sarah Palin: This Is Fact Now

The Corner at National Review:

Here’s the text:

Like millions of Americans I learned of the tragic events in Arizona on Saturday, and my heart broke for the innocent victims. No words can fill the hole left by the death of an innocent, but we do mourn for the victims’ families as we express our sympathy.

I agree with the sentiments shared yesterday at the beautiful Catholic mass held in honor of the victims. The mass will hopefully help begin a healing process for the families touched by this tragedy and for our country.

Our exceptional nation, so vibrant with ideas and the passionate exchange and debate of ideas, is a light to the rest of the world. Congresswoman Giffords and her constituents were exercising their right to exchange ideas that day, to celebrate our Republic’s core values and peacefully assemble to petition our government. It’s inexcusable and incomprehensible why a single evil man took the lives of peaceful citizens that day.

There is a bittersweet irony that the strength of the American spirit shines brightest in times of tragedy. We saw that in Arizona. We saw the tenacity of those clinging to life, the compassion of those who kept the victims alive, and the heroism of those who overpowered a deranged gunman.

Like many, I’ve spent the past few days reflecting on what happened and praying for guidance. After this shocking tragedy, I listened at first puzzled, then with concern, and now with sadness, to the irresponsible statements from people attempting to apportion blame for this terrible event.

President Reagan said, “We must reject the idea that every time a law’s broken, society is guilty rather than the lawbreaker. It is time to restore the American precept that each individual is accountable for his actions.” Acts of monstrous criminality stand on their own. They begin and end with the criminals who commit them, not collectively with all the citizens of a state, not with those who listen to talk radio, not with maps of swing districts used by both sides of the aisle, not with law-abiding citizens who respectfully exercise their First Amendment rights at campaign rallies, not with those who proudly voted in the last election.

The last election was all about taking responsibility for our country’s future. President Obama and I may not agree on everything, but I know he would join me in affirming the health of our democratic process. Two years ago his party was victorious. Last November, the other party won. In both elections the will of the American people was heard, and the peaceful transition of power proved yet again the enduring strength of our Republic.

Vigorous and spirited public debates during elections are among our most cherished traditions.  And after the election, we shake hands and get back to work, and often both sides find common ground back in D.C. and elsewhere. If you don’t like a person’s vision for the country, you’re free to debate that vision. If you don’t like their ideas, you’re free to propose better ideas. But, especially within hours of a tragedy unfolding, journalists and pundits should not manufacture a blood libel that serves only to incite the very hatred and violence they purport to condemn. That is reprehensible.

There are those who claim political rhetoric is to blame for the despicable act of this deranged, apparently apolitical criminal. And they claim political debate has somehow gotten more heated just recently. But when was it less heated? Back in those “calm days” when political figures literally settled their differences with dueling pistols? In an ideal world all discourse would be civil and all disagreements cordial. But our Founding Fathers knew they weren’t designing a system for perfect men and women. If men and women were angels, there would be no need for government. Our Founders’ genius was to design a system that helped settle the inevitable conflicts caused by our imperfect passions in civil ways. So, we must condemn violence if our Republic is to endure.

As I said while campaigning for others last March in Arizona during a very heated primary race, “We know violence isn’t the answer. When we ‘take up our arms’, we’re talking about our vote.” Yes, our debates are full of passion, but we settle our political differences respectfully at the ballot box – as we did just two months ago, and as our Republic enables us to do again in the next election, and the next. That’s who we are as Americans and how we were meant to be. Public discourse and debate isn’t a sign of crisis, but of our enduring strength. It is part of why America is exceptional.

No one should be deterred from speaking up and speaking out in peaceful dissent, and we certainly must not be deterred by those who embrace evil and call it good. And we will not be stopped from celebrating the greatness of our country and our foundational freedoms by those who mock its greatness by being intolerant of differing opinion and seeking to muzzle dissent with shrill cries of imagined insults.

Just days before she was shot, Congresswoman Giffords read the First Amendment on the floor of the House. It was a beautiful moment and more than simply “symbolic,” as some claim, to have the Constitution read by our Congress. I am confident she knew that reading our sacred charter of liberty was more than just “symbolic.” But less than a week after Congresswoman Giffords reaffirmed our protected freedoms, another member of Congress announced that he would propose a law that would criminalize speech he found offensive.

It is in the hour when our values are challenged that we must remain resolved to protect those values. Recall how the events of 9-11 challenged our values and we had to fight the tendency to trade our freedoms for perceived security. And so it is today.

Let us honor those precious lives cut short in Tucson by praying for them and their families and by cherishing their memories. Let us pray for the full recovery of the wounded. And let us pray for our country. In times like this we need God’s guidance and the peace He provides. We need strength to not let the random acts of a criminal turn us against ourselves, or weaken our solid foundation, or provide a pretext to stifle debate.

America must be stronger than the evil we saw displayed last week. We are better than the mindless finger-pointing we endured in the wake of the tragedy. We will come out of this stronger and more united in our desire to peacefully engage in the great debates of our time, to respectfully embrace our differences in a positive manner, and to unite in the knowledge that, though our ideas may be different, we must all strive for a better future for our country. May God bless America.

John Hinderaker at Powerline:

Palin’s statement is, I think, very good. It emphasizes, appropriately, the victims and the nation’s political process rather than politicians, demonstrating once again that Palin is less obsessed with Sarah than her enemies are. Overall, the statement comes across as mature, balanced, sympathetic and yet strong in its rejection of the left’s opportunism.

Jonah Goldberg at The Corner:

I should have said this a few days ago, when my friend Glenn Reynolds introduced the term to this debate. But I think that the use of this particular term in this context isn’t ideal. Historically, the term is almost invariably used to describe anti-Semitic myths about how Jews use blood — usually from children — in their rituals. I agree entirely with Glenn’s, and now Palin’s, larger point. But I’m not sure either of them intended to redefine the phrase, or that they should have.

Jeffrey Goldberg:

Sarah Palin has called the post-Tucson campaign of vilification against her and her fellow travelers a “blood libel.” On the one hand, this is unfortunate, as Jonah Goldberg points out, because it threatens to redefine the phrase, plus, what is happening to her is not precisely the byproduct of a blood libel.

On the other hand, Sarah Palin  is such an important political and cultural figure that her use of the term “blood libel” should introduce this very important historical phenomenon to a wide audience, and the ensuing discussion — about how Fox News is not actually Mendel Beilis — will serve to enlighten and inform. It is a moral necessity, I think, for Christians to understand the blood libel (Muslims, too — see the Damascus Blood Libel of 1840), not only because it is part of their history, but because the blood libel still has modern ramifications — Israel, after all, was founded as a reaction to Christian hatred, of which the blood libel was an obvious and murderous manifestation.

I mean it sincerely when I say I hope Sarah Palin, who regularly expresses love for Jews and Israel, takes the time to learn about the history of the blood libel, and shares what she has learned with her many admirers.

Instapundit:

That seems to be how it works. And here are a bunch of examples of “blood libel” used in various contexts, by people as diverse as Andrew Sullivan and Ann Coulter, as well as Alex Beam, Michael Barone, Andrew Cohen of CBS, and Les Payne. Nobody cared, because Sarah Palin wasn’t involved. Heck, I used the term myself in my WSJ column. I got a grouchy email or two, but nobody else — even among the lefties who criticized it — seemed to care about the use of the term. This is the silliest hissyfit yet, and is itself evidence that there’s no substantive response.

Jonathan Chait at TNR:

Okay, it’s a little over the top for Sarah Palin to accuse her critics of “blood libel.” But she does have a basic point. She had nothing to do with Jared Loughner. He was not an extremist who embraced some radical version of her ideas. And her use of targets to identify districts Republicans were, um, targetting is not exceptional or prone to incite anybody.

What’s happening is that Palin has come to represent unhinged grassroots conservatism, and people in the media immediately (and incorrectly) associated Loughner with the far right. Moreover, the Republican establishment understands her potential candidacy as a liability and is looking to snuff it out. So you have this weird moment where Palin is on trial for something she has no connection with at all.

Dan Riehl:

Last night on Twitter, Matthew Vadum and I both briefly noted a certain awkwardness with the term given its fairly precise etymology. I’m seeing critics like Jennifer Rubin point out that, while accurate, it’s inflammatory. That’s what started me to thinking about Palin’s use of the term death panels in the Obamacare debate. Isn’t she now doing very much the same thing – allegedly being inflammatory, but accurate? It is accurate. Even critics are conceding that.

shows her inflam. tendency=critics pt. she’s not serious, cert. not pres. – more G.Beck than Reagan … should note also it is tech. correct since accused of blood on her hands.. but still….

So, it’s inflammatory, but accurate – or, … how about, effective, assuming one is willing to fight the good fight for candor in honestly defining a bad health care policy, or a malicious slander meant to silence political speech?

And how in the Hell did we get to a place where a so called conservative pundit writing for the Washington Post thinks doing that is somehow not Presidential? Are we interested in leadership willing to lead, or merely wishing to please our senses? That’s not meant as necessarily backing Palin for President, or anything. I didn’t bring it up, Rubin did.

However uncomfortable it may make some feel, what Palin has done here is engage the debate candidly and head-on, just as she did during the health care debate when she invoked the term death panels.

Isn’t it possible that we need to be made to feel just a bit uncomfortable with what the Left has been doing in exploiting the Arizona tragedy in a manner which transcends simply being angry? Whatever the reason, I do believe using the term blood libel has a way of doing that, elevating the debate into one of substance, over simply feelings, or anger, as a matter of fact. That, despite its presumed inflammatory nature. Ironic, that.

Seems to me, if we’re going to now run away from that debate because it requires potentially inflammatory rhetoric to define it both precisely – and in terms with which we can win it – then how the hell are we ever to win it, hopefully stopping the Left from repeatedly using repugnant tactics just like the one they are using as regards the Arizona massacre?

I swear to God, I’m no Palin fanatic. And I’m as susceptible as the next guy or gal to the notion that she may not be the person to be America’s next President. I don’t know. But I do know that, once examined, whether through happenstance, or design, some of her tactics are absolutely brilliant, if one is willing to examine them in depth. Who knows, perhaps it’s just instinct? Nah, it can’t be that. That would almost make her Reaganesque!

Nick Gillespie at Reason:

One of the things that excited people about Sarah Palin was her apparent authenticity, her down-to-earthiness, her experience of working, living, dreaming, and achieving far from the conventional centers of power in American society. In a political age characterized by the telegenic intimacy of the 24-hour news channel, Palin seemed perfectly in synch with the sort of unmediated access viewers and voters crave. And only the most insulated chumps in the opinionating business (read: most of them) were put off by her insistence that when she graduated college she got a job, not a passport and a backpack.

But since her bravura entrance onto the national stage, virtually every interaction she has had with her public has been so tightly stage-managed and scripted that her main selling point has been swathed and suffocated in layers and layers of distance from anything approaching a real-time response to the world she lives in. When she resigned her governorship long before her first term was up, she signaled that she wasn’t so interested in being an actual legislator. Fair enough, and who can blame her? But she’s now getting to the point where she’s signaling that she is incapable of giving even her most sympathetic audience what it wants from her. Which means there’s one less interesting character on the public stage and her future, even as an entertainer, is dimmer than it once seemed.

FrumForum

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Helen, Helen, Helen…

Jeff Dunetz at YID With LID:

Proving once again that you can’t teach an old dog new tricks, former White House Correspondent Helen Thomas told an anti-Arab-Bias workshop in Dearborn Michigan that she absolutely stands by her ugly comments about Jews made earlier this year, that they should return to Germany and Poland and went even further, even adding the anti-Semitic meme that Zionists  control U.S. foreign policy and other American institutions.

The Detroit Free Press which report about Thomas’ speech in Dearborn  characterized the comments that got her fired as something “which critics have said were anti-Israel,” perpetuating the myth that Thomas was fired for being critical of the Jewish State. Note to the Freep, no one gets fired for being critical of Israel, not even in Israel. Thomas’ comments back in June were anti-Semitic, she told Israeli Jews to go back to Germany and Poland [where they faced the horrors of the Holocaust]

Ed Morrissey:

The Detroit Free Press reports on Thomas’  remarks at a workshop that focused, ironically, on anti-Arab bias.  She told the group that “Zionists” control US foreign policy and “other institutions,” and that they own Hollywood, Wall Street, Congress, and the White House (via The Blog Prof):

In a speech to about 300 people inside a center in Dearborn, she talked about “the whole question of money involved in politics.”

“Congress, the White House and Hollywood, Wall Street are owned by the Zionists. No question, in my opinion,” she said. “They put their money where their mouth is. … We’re being pushed into a wrong direction in every way.” …

In an interview, Thomas, 90, said that criticizing Israel led to her resignation and ostracism in Washington.

“I can call a president of the United States anything in the book, but I can’t touch Israel, which has Jewish-only roads in the West Bank,” Thomas said. “No American would tolerate that — white-only roads.”

That last part would be true … if there were any such thing as “Jewish-only roads” in the West Bank.  There are Israeli-only roads, but anyone with an Israeli license plate can use them — including Israeli Arabs, who are a significant minority in Israel.  They can also vote, and a handful hold office in the Knesset.  How many Jews hold office in Lebanon?  Syria?  Saudi Arabia?  Egypt?  Yemen?  For that matter, even in non-Arab Iran?

As far as her other comments go, they’re typical of anti-Semites who cast Jews as villains in worldwide conspiracies.  No one ever got canned for criticizing Israel, which is hardly immune from criticism as it is; plenty of people openly question our allegiance to the Israelis without going into Protocols of the Elders of Zion territory.  Thomas had to resign because she got inept at hiding her bigotry, and now apparently feels much more comfortable letting it show.

Ed Driscoll at Pajamas Media:

Numerous legacy media reporters, after a lifetime of pretending to be objective, have dropped the mask and let it all hang out, such as Dan Rather, Mr. Objectivity himself, now doing fundraisers for far left Nation magazine (which incidentally thinks Helen got a bum rap).

John Hinderaker at Powerline:

The Associated Press actually covered for Thomas by mischaracterizing the comments that got her fired by Hearst:

Her speech followed her resignation from Hearst Newspapers in June, after she told an interviewer that Jews should “get the hell out” of the Palestinian territories and go to Germany, Poland or the United States.

The AP just volunteered that part about the “Palestinian territories.” If you listen to Thomas saying the Jews should “get the hell out of Palestine,” it is obvious that she is using “Palestine” in the Arab sense to mean Israel. If she had merely meant that Jews should get out of the West Bank, she would have said they should go home to Israel.

The AP reports that Thomas received a standing ovation at the “Images and Perceptions of Arab Americans” conference. Yesterday was a big day for her; she was also “the guest of honor at the Arab American National Museum, where a sculpture of her was unveiled during a private reception.”

Jim Treacher at Daily Caller:

This woman sat in the front row of the White House briefing room for decades.

Speaking of roads, that reminds me of a joke:

Why did Helen Thomas cross the road?

It had just been invented!

Doug Mataconis

Moe Lane

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