The Commentariat -- Dec. 28, 2013
Michael Schmidt & Adam Liptak of the New York Times: "A federal judge in New York on Friday ruled that the National Security Agency's program that is systematically keeping phone records of all Americans is lawful, creating a conflict among lower courts and increasing the likelihood that the issue will be resolved by the Supreme Court. In the ruling, Judge William H. Pauley III, of the United States District Court for the Southern District of New York, granted a motion filed by the federal government to dismiss a challenge to the program brought by the American Civil Liberties Union, which had tried to halt the program. Judge Pauley said that protections under the Fourth Amendment do not apply to records held by third parties, like phone companies." CW: Pauley is a Clinton appointee. ...
... New York Times Editors: "The ruling, which repeatedly defers to the government's benign characterization of its own surveillance programs, demonstrates once more the importance of fixing the law at its source, rather than waiting for further interpretations by higher courts." ...
... Charles Pierce: "The subtext of what [Judge Pauley] is saying is simply that terrorists from 'a seventh-century milieu' -- actually, strip clubs in Tampa and an apartment in Hamburg -- have rendered the Fourth Amendment obsolete in a dangerous and interconnected world, and that only our all-too-human, and curiously error-prone, heroes of the surveillance state can keep us safe. Oh, and also, we common folk shouldn't ever have known about this anyway.
It cannot possibly be that lawbreaking conduct by a government contractor that reveals state secrets -- including the means and methods of intelligence gathering -- could frustrate Congress' intent. -- Judge William Pauley, in his opinion on NSA phone-records collection
... Thanks to James S. for the link.
... Pierce is also incensed about what he describes as numerous instances of infringement of First Amendment rights by "law enforcement in the service of corporate interests.... That, my friends, is how you seriously abridge freedom of speech in this country. You take someone with an explicitly political message who commits a specifically political act and you throw him in jail for having committed it." CW: While I appreciate Pierce's sentiments, I think Pierce is wrong about this, as I'll elaborate in the Comments. I'll expect blowback & would especially appreciate it coming from a Constitutional lawyer.
Caren Bohan of Reuters: "On the eve of the expiration of federal benefits for the long-term unemployed, U.S. President Barack Obama and his Democratic allies are stepping up pressure on Republicans to renew the program. Top White House economic adviser Gene Sperling said in a statement issued on Friday that a failure to renew emergency jobless benefits would harm the economy and he urged Congress to move quickly to pass a short-term extension of the aid. Senate Majority Leader Harry Reid, a Democrat, has vowed to bring to a vote a bill extending federal unemployment insurance benefits as soon as Congress returns from its holiday recess...." ...
... Ryan Cooper in the Washington Post: "I've been ragging on the centrist brigades lately, even suggesting that their newfound focus on job growth might not be 100% sincere. But if they'll mobilize fully behind an extension of unemployment insurance, I'll eat my words. This is a simple, cheap issue that will concretely help some of our most vulnerable fellow citizens. So how about it, Third Way?" ...
... Let Them Eat Walnuts. David Fahrenthold of the Washington Post takes a charitable view of Congress -- the poor things just don't know how to budget: "... sequestration [is] a policy that -- at least in theory -- cut the good and the bad equally. That created odd contrasts: Meals on Wheels was cut, and Army units reduced training; Washington kept paying for dubious expenses such as a plane that didn't fly, an airport with no passengers and farm subsidies in Manhattan. And a private industry's 'spokes-squirrel.' This month, Congress canceled sequestration's across-the-board cuts and gave itself another chance to demonstrate that legislators can make smarter, more judicious cuts. But so far, it has mainly demonstrated the power of old Washington habits, the political reflexes that make cutting government so hard." CW: If an inability to budget is Congress's problem, how come they have no trouble slashing programs to help the needy but rally 'round a program that is supposed to help wealthy walnut growers but has no proven effect?
New Yorker: "... Hendrik Hertzberg and Ryan Lizza join host Dorothy Wickenden to take a look back at the year in politics, with a particular focus on the news we can be happy about":
AP: "The number of reported sexual assaults across the U.S. military shot up by more than 50 percent this year, an increase that defense officials say may suggest that victims are becoming more willing to come forward. A tumultuous year of scandals shined a spotlight on the crimes and put pressure on the military to take aggressive action. According to early data obtained by The Associated Press, more than 5,000 reports of sexual assault were filed during the fiscal year that ended Sept. 30, compared to the 3,374 in 2012."
New York Times Editors: "Even if the new defense bill spurs progress in reducing the detainee population, the delivery of credible justice for those at the Guantánamo prison camp is far from complete."
David Kocieniewski of the New York Times: "... interviews with dozens of academics and traders, and a review of hundreds of emails and other documents involving two highly visible professors in the commodities field -- [Professor Craig] Pirrong [of the University of Houston] and Professor Scott H. Irwin at the University of Illinois -- show how major players on Wall Street and elsewhere have been aggressive in underwriting and promoting academic work [that benefits the businesses]. The efforts by the financial players, the interviews show, are part of a sweeping campaign to beat back regulation and shape policies that affect the prices that people around the world pay for essentials like food, fuel and cotton."
Illustration by Dale Stephanos for the Washington Post.Dave Barry's year in review, in the Washington Post Magazine: "It was the Year of the Zombies. Not in the sense of most of humanity dying from a horrible plague and then reanimating as mindless flesh-eating ghouls.... As bad as a zombie apocalypse would be, at least it wouldn't involve the resurrection of Anthony Weiner's most private part."
Robert O'Harrow of the Washington Post: "The Small Business Administration is moving to ban one of the government's most prominent small-business contractors from new federal work, saying that the firm provided false information about its ownership and operations, documents show. The SBA said it has information showing that Tysons Corner-based MicroTechnologies LLC and its founder, Anthony R. Jimenez, submitted 'false and misleading statements' in order to receive preferential treatment, according to a Dec. 20 letter from the agency to the company."
Patricia Murphy of the Daily Beast: "If Ted Cruz seems like a one-of-a-kind, give it time. A slew of young, hard-charging, Tea Party-endorsed Senate wannabes is looking to knock off the Republican establishment again in 2014. Some have better chances than others, but all have the unmistakable Cruzian commitment to refusing to toe the Republican Party line and make headlines while doing it." Murphy introduces us to the Cruz clones.
Dexter Filkins of the New Yorker: "Prime Minister Recep Tayyip Erdoğan, one of the most remarkable figures in the modern Middle East, is fast discovering that the authoritarian measures he has increasingly relied on to govern Turkey, and the cult of personality he has built around himself, are conspiring to bring about his political demise.... In recent years, intoxicated by his own ascent, Erdoğan began to act like a leader who believed that Turkey's success and his own could not be separated. " CW: Just another NonMandela. And a reminder we should be grateful for the 22nd Amendment.
Will This Story End Now? Please. Reuters: "Cable network A&E said on Friday it was bringing back family patriarch Phil Robertson to the hit reality show 'Duck Dynasty' after fans protested his suspension over anti-gay remarks and big-name corporate sponsors stuck by the series." ...
... Dave Nemetz of Yahoo! News: "Conservative groups that called for Robertson's reinstatement are applauding the move...." CW: Some of those "conservatives applauding the move" are probably unemployed people who will lose their benefits today & their food stamps tomorrow. Yep, it's more important to them that a crude rich guy keeps his job than that they themselves have enough to survive. People are stoopid. ...
... Richard Kim of the Nation: "... Duck Dynasty should get real. It should show Robertson being as homophobic as he pleases, in his home, his church, his community. The show's editors have previously been criticized for asking Robertson to not say 'Jesus' at the end of his prayers; they should now let him get his Jesus freak on.... And, as long as the show's producers 'guide' reality along, they should film Robertson interacting with actual gay people." CW: AND "actual black people," too, of the sort who sing the blues.
Local News
John Ingold of the Denver Post: "Denver's first recreational marijuana store owners picked up their city licenses Friday, the final step before opening on Jan. 1 among the first shops in the world approved to sell pot to all adults."
Marissa Lang of the Salt Lake Tribune: "In the week since a federal judge overturned Utah's ban on same-sex marriage, the number of weddings in the state has skyrocketed, shattering records and accruing thousands of dollars for Utah's 29 counties. As of close of business Thursday, more than 1,225 marriage licenses had been issued in Utah since last Friday, according to numbers obtained by The Salt Lake Tribune. Of those, at least 74 percent were issued to gay and lesbian couples." ...
... Brooke Adams of the Salt Lake Tribune: "The state of Utah has turned to outside counsel for help with its efforts to stop same-sex marriages, a move the office said Thursday would temporarily delay its application for a stay to the U.S. Supreme Court. The Attorney General's Office planned to file a stay request Thursday but said the application would be made on Friday or Monday as it coordinates with the outside firm, which it has not yet identified.... The stay appeal will be made to Justice Sonia Sotomayor, who is assigned oversight of the 10th Circuit Court of Appeals."
Rosalind Helderman of the Washington Post: Johnnie R. Williams, Sr., "the businessman at the heart of a federal investigation into Virginia Gov. Robert F. McDonnell (R), stepped down Friday as chief executive of Star Scientific Inc., the dietary supplement maker. The company has also been given permission by stockholders to look at changing its name, indicating that it might ditch Star Scientific Inc. in favor of Rock Creek Pharmaceuticals Inc."
News Ledes
CNN: Former President Bill Clinton will swear in New York City Mayor-Elect Bill de Blasio on January 1.
New York Times: "Four American military personnel assigned to the United States Embassy in Tripoli, Libya, were detained Friday and then released after being held for hours by the country's Interior Ministry, American officials said. The four were believed to have been reviewing potential evacuation routes for diplomats when they were detained...."