Politics, open government, and safe streets. And the constant incursion of cycling.

Category: Law Page 24 of 27

DC Gun Ban Overturned

This should make for some interesting posturing in the near future:

A federal appeals court overturned the District of Columbia’s long-standing handgun ban Friday, rejecting the city’s argument that the Second Amendment right to bear arms applied only to militias.

[ . . . ]

The court also ruled the D.C. requirement that registered firearms be kept unloaded, disassembled and under trigger lock was unconstitutional.

The Bush administration has endorsed individual gun-ownership rights, but the Supreme Court has never settled the issue.

If the dispute makes it to the high court, it would be the first case in nearly 70 years to address the Second Amendment’s scope.

There will be a whole lot of noise before anything useful or important gets said, I suspect.

Weekend Roundup

Because I’m just so far behind.

The most important discussion arising from the ridiculousness in Boston: 70s haircuts.

Your local news . . . from Bangalore! (Keep in mind that unless you live in a major metro area, you probably don’t get your “local” news from anywhere reasonably considered local.  So what difference does this really make?)

I’m less than enamoured with the junior senator from New York. I don’t have any problems with Sen. Clinton’s electability, or “divisiveness” or any of the other ridiculous junior high tests people seem to like to talk about. It’s that I simply don’t think that she’s at all committed to anything but herself. Now, that can be said about many politicians, but it shouldn’t be the sole driving force behind all of their decisions. (Hell, even Dick Armey can say he was wrong on Iraq.) All that said, I’d become much more appreciative of her if she’s really serious about this.

Non-disclosure agreements for state legislators? Sounds like a pretty clear breach of Do No Evil, Google. And since I think Robert X. Cringley may well be onto something with his theory that Google’s planning to build datacenters in most states . . . well, we should all be on the lookout.

I’ve added a new link under Media, to the right. It’s Fora.tv, best summed up as a YouTube for thinking people. Check it out.

Outsourcing the Federal Government

The New York Times has an excellent story this morning on just how pervasive contractors have become in the Federal government. Government contracting is hardly a new phenomenon, nor is it necessarily inherently bad. However, it’s gone far beyond what seems reasonable and necessary. I encourage you to read the whole article, but here are some key bits:

The most secret and politically delicate government jobs, like intelligence collection and budget preparation, are increasingly contracted out, despite regulations forbidding the outsourcing of “inherently governmental” work. Scott Amey, general counsel at the Project on Government Oversight, a watchdog group, said allowing CACI workers to review other contractors captured in microcosm “a government that’s run by corporations.”

[ . . . ]

The most successful contractors are not necessarily those doing the best work, but those who have mastered the special skill of selling to Uncle Sam. The top 20 service contractors have spent nearly $300 million since 2000 on lobbying and have donated $23 million to political campaigns.

[ . . . ]

Contracting almost always leads to less public scrutiny, as government programs are hidden behind closed corporate doors. Companies, unlike agencies, are not subject to the Freedom of Information Act. Members of Congress have sought unsuccessfully for two years to get the Army to explain the contracts for Blackwater USA security officers in Iraq, which involved several costly layers of subcontractors.

You’d think that the government would be trading all these negatives for a substantial upside, yes? Well . . .

[T]he government had made no effort to count contractors and no assessment of the true costs and benefits. “We have no data to show that contractors are actually more efficient than the government,” he said.

Perhaps they can contract out a study on that one.

Hoping for a Heavyweight Copyright Smackdown

Earlier this week, in a conversation with a friend, I described YouTube as “potentially the biggest single copyright infringer in history.”  It seems that Viacom may share my sentiment.

Now, just because I think that YouTube owes much of its existence to copyright infringement, it doesn’t mean that I agree with the laws that make it so.  In fact, I think they’re an awful set of laws, from a public interest perspective.  But who’s going to argue for the public interest?   Pretty much no one with any effectiveness.  So I’d very much love to see a clash of the well-funded titans over this.

Here’s hoping.

Battening Down the Hatches

Josh Marshall & Co are on what I suspect is a very important story:

Okay, so we already know that the White House has now taken the unprecedented step of firing at least four and likely seven US Attorneys in the middle of their terms of office — at least some of whom are in the midst of corruption investigations of Bush administration officials and key Republican lawmakers. We also know that they’re taking advantage of a handy provision of the USA Patriot Act that allows the White House to replace these fired USAs with appointees who don’t need to be approved by the senate.

Now go look at the qualifications of one of the replacements.  Really, there isn’t anything these people won’t do.

You know what you *can* do by committee?

So it seems Dick Cheney is upset that Congress is actually acting like a co-equal branch of government:

Congressional opposition will not influence President George W. Bush’s plans to send more troops to Iraq, Vice President Dick Cheney said Sunday, dismissing any effort to “run a war by committee.””The president is the commander in chief. He’s the one who has to make these tough decisions,” Cheney said.

“He’s the guy who’s got to decide how to use the force and where to deploy the force,” Cheney said. “And Congress obviously has to support the effort through the power of the purse. So they’ve got a role to play, and we certainly recognize that. But you also cannot run a war by committee.”

Well, if that’s the way you want to play it, let’s remind Congress what CAN be done by committee – impeachment.
Update: And George has Dick’s back:

Asked if he believes that he, as commander-in-chief of the armed forces, has the authority to order troops to Iraq in the face of congressional opposition, Bush said, “In this situation, I do, yeah.”“I fully understand they could try to stop me from doing it,” he said. “But I made my decision, and we’re going forward.”

This is insane.

Saturday Afternoon

There’s been some light buzz about National Review contributor Rod Dreher’s recently broadcast NPR audio essay.  In short, the scales have fallen from his eyes.  I can’t say that I’m particularly moved by it, but it has generated some interesting analysis.

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Bet you didn’t know that, in addition to the prying eyes of the FBI, the NSA, and the TSA, you’ve now got to contend with . . . the United States military:

The Pentagon has been using a little-known power to obtain banking and credit records of hundreds of Americans and others suspected of terrorism or espionage inside the United States, part of an aggressive expansion by the military into domestic intelligence gathering.

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Oh, I really want to go here.  The New York Times, despite its other journalistic failings, has a reliably excellent travel section (I particularly like their 36 Hours in ____ feature).  How could they make it better?  Well, I might find a way to make myself available for an assignment or four . . .

~

I love the Gmap Pedometer.   The link is to my ride this afternoon.  It was, because of the trip (and feeling really awful after it), the first ride of the year.  Final road bike mileage for last year was 1,961 miles, which was a fair bit less than what I’d hoped.  I started to kick myself for not heading out for a long ride before the trip so I could at least claim at 2k, but then I decided I could count my mountain biking mileage towards the total (I don’t know what it is, but it’s certainly more than 39 miles . . .).   Goal for this year?  At least 6,500km.  I’d originally written – “At least 4,000 miles.”, but then, inspired by this thread at Slashdot, I’ve decided to at least try to get a better feel for a kilometer.  So now the Flight Deck is set to kilometers, instead of miles.

Celebrating the un-American

Jim Hoeft, at Bearing Drift, ably takes on official Virginia’s celebration of Lee-Jackson Day. I find Lee-Jackson Day even more offensive than I did the Confederate Memorial holiday that always surprised me with a day off when I lived in Georgia . . .

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And speaking of celebrating un-American values, why is this man still working at the Defense Department? Deputy Assistant Secretary of Defense (for detainee affairs) Cully Stimson, is a former federal attorney and Navy lawyer. And yet he had the . . . I don’t even know what to call it . . to say this on Federal News Radio:

“It’s shocking. The major law firms in this country . . . are out there representing detainees.”

[ . . . ]

”I think quite honestly when corporate CEOs see that those firms are representing the very terrorists that hit their bottom line in 2001,” he said, “those CEOs are going to make those law firms choose between representing terrorists or representing reputable firms.”

When I heard that on the radio this morning, my jaw dropped.  It’s a subject for a much longer post, but if there is one thing I can point to that gives me hope for the profession as a whole, it’s the willingness of such firms to step in and do exactly what they’re doing – devoting enormous amounts of resources to very unpopular causes and clients, pro bono.  Karen Mathis, president of the ABA, put it well:

‘Lawyers represent people in criminal cases to fulfill a core American value: the treatment of all people equally before the law.  To impugn those who are doing this critical work — and doing it on a volunteer basis — is deeply offensive to members of the legal profession, and we hope to all Americans.”

More on Stimson’s appalling contribution to the public conversation here.

So what is it?

Today’s NY Times fronts a story about a “clamp down” on detainees at Guantánamo:

The commander of the Guantánamo task force, Rear Adm. Harry B. Harris Jr., said the tougher approach also reflected the changing nature of the prison population, and his conviction that all of those now held here are dangerous men. “They’re all terrorists; they’re all enemy combatants,” Admiral Harris said in an interview.

Hmm. I’ve heard that before . . . something about “worst of the worst“, yes? But surely that lesson has been learned and it’s really true, this time. Or, well, maybe not:

Shortly after Admiral Harris’s remarks, another 15 detainees were sent home to Saudi Arabia, where they were promptly returned to their families.

Weekend Reading: SSDD, Originalism, South Africa & Apartheid

Texas Rep. Silvestre Reyes was the best Pelosi could do for the House Intelligence Committee? When I heard that he was a frequent traveling companion of soon-to-be-former Rep. Crazy Curt Weldon (R-PA), I was a little worried, but decided to try and give him the benefit of the doubt. But this?

Al Qaeda is what, I asked, Sunni or Shia?

“Al Qaeda, they have both,” Reyes said. “You’re talking about predominately?”

“Sure,” I said, not knowing what else to say.

“Predominantly — probably Shiite,” he ventured.

He couldn’t have been more wrong.

Al Qaeda is profoundly Sunni. If a Shiite showed up at an al Qaeda club house, they’d slice off his head and use it for a soccer ball. That’s because the extremist Sunnis who make up a l Qaeda consider all Shiites to be heretics.

Houston, we have a problem. Let’s get this man a tutor, asap.

(Via TPM Muckracker)

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At Lawyers, Guns & Money, Scott Lemieux distills the argument against originalism (raised in the context of the desegregation cases heard earlier this week at the Supreme Court):

[I]f all originalism means is that principles must be applied at a high level of abstraction, I’m not sure why we can ignore 19th century conceptions of education and distinctions between social and civil rights, but we have to remain bound to 19th century conceptions of “commerce.” To the extent that originalism has any content at all, the choice is between Brown and originalism; myself, I’m going with the former. But once you’ve reduced originalism to these kinds of broad abstraction, there’s simply no good reason to treat racial classifications used to ossify apartheid and racial classifications used to dismantle segregation as being equivalent.

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Catch this article before it disappears behind the pay-wall. It’s ostensibly about South Africa’s literary scene, but it’s more a quick (but well done) tour through the issues facing South Africa:

Since the end of apartheid, Mda’s old comrades have become the country’s political and business elite. “People I was in the struggle with are billionaires,” Mda said. “But I’ve chosen to be a writer and be poor.” In his novels and other writings, Mda has been outspoken in his criticism of the new ruling class and what he calls “the cronyism networks” that have led to the enrichment of a select black minority, leaving the majority in poverty.

[ . . . ]

Like many South Africans, Mda says he wishes there were a stronger opposition to keep the African National Congress accountable. “The A.N.C. is winning on the economy,” he maintained, “but losing on security and AIDS.” Yet the opposition parties — white nationalists, religious parties — offer no viable alternative. “They’d take that country down the drain,” he insisted. “It would be like Zimbabwe.”

It’s a fascinating country that the rest of the world should be paying close attention to. (Which reminds me that I ought to clean up and post my write up of my own trip there, soon.)

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M.J. Rosenberg touches on an issue that I’ve done a lot of talking, but very little writing, about – Jimmy Carter’s use the the word “apartheid” in the title of his latest book, Palestine: Peace Not Apartheid. As Rosenberg points out:

Carter does not say that Israel is an apartheid state. He says explicitly that it is not and that, when he uses the term apartheid, he is not referring to Israel. “I am,” he says, “referring to Palestine and not to Israel….Arabs living in Israel are citizens of Israel and have full citizenship, voting, and legal rights, and so forth. “

The American media, for the most part, has savaged him over it:

Martin Peretz and Alan Dershowitz both say that Carter specifically calls Israel an “apartheid state,” which Carter does not do. Alan Dershowitz says Carter is “simply wrong.” In Israel, Dershowitz says, “majority rules; it is a vibrant secular democracy, which just recognized gay marriages performed abroad. Arabs serve in the Knesset, on the Supreme Court and get to vote for their representatives, many of whom strongly oppose Israeli policies.”

All that is absolutely correct. And Carter agrees with every word. His argument is that Arabs in the West Bank do not have those rights. That isn’t so much an argument as a fact. West Bank Palestinians are not citizens of any country and do not have the rights of citizenship anywhere.

It is nigh impossible to find a fair and intelligent discussion of most any Israel-Palestine issue in mainstream American media. Earlier this week, Terry Gross spend a significant part, if not the majority, of her time hammering Jimmy Carter over the use of the word apartheid in the title – all at the expense of talking about one of the root issues behind one of the most important conflicts in the world. Gross’ approach, as with Peretz and Dershowitz, is part of what Rosenberg calls:

a disturbing trend in the pro-Israel community in which the usual suspects — Peretz, Dershowitz, and a host of Likud camp followers — react to any and all criticism of Israeli policies by assaulting the critics, demanding that they either shut up or be prohibited from speaking at a particular venue. This has to stop.

I’m not so sure that I agree that it’s a “trend” so much as a well-established tradition. But Rosenberg is right – it has to stop. For better or worse, the US has enormous influence over the resolution (or non-resolution) of the conflict. Unless we can have an honest and open conversation about it, very little good can come from exercise of that influence.

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