It is trash time, and we are going to have a first here because I am leading off with horse racing. Yes, horse racing! Because there is potential greatness in our midst. Zenyatta. Don’t believe me? How about Penny Chenery, the owner of Secretariat, perhaps the greatest racing horse to ever walk the planet; from the San Diego Union-Tribune:

“I just think Zenyatta is wonderful,” Chenery said this week on a conference call in which she discussed the new movie about her Triple Crown winner, “Secretariat,” set to go to post Oct. 8. “She’s like Secretariat in that she’s a great showoff. She’s well aware of who she is, and when she prances into the ring, she swells herself up.

“Secretariat used to do that. He’d come into the walking ring and blow himself up to intimidate the competition. And with her dance, it’s her opening number to prance into the walking ring. She’s so gorgeous and with such dominating speed. I’m crazy about her. She’s going to run this Saturday, so I’ll get to see her again. She’s just a blessing to the industry.”

Zenyatta, undefeated in her incredible 18-race career, makes her last start in California today [Saturday] in the Grade I, $250,000 Lady’s Secret Stakes at the Oak Tree meeting at Hollywood Park. She’ll try and win the race on Cushion Track three years in a row and use it as a final prep for her defense of the Breeders’ Cup Classic against the best male horses in the country next month at Churchill Downs.

Yes, Zenyatta has really been that good in her undefeated career. If you did not catch her run from behind, over the best male horses out there, to win the Breeder’s Cup Classic last year, maybe the biggest non-Triple Crown race there is, you should watch the clip I have attached; she was simply remarkable. If she can win these last two races, Zenyatta will go down amongst the greatest horses ever. Tall order, but this is a special horse. ESPN Classic will air a 90-minute special from Hollywood Park from 3:30 p.m. to 5 p.m. The Lady’s Secret is expected to air on ESPN between college football games at approximately 4:15 p.m. (all times are PST/FDL time, so if you are on the east coast, add three hours). Bet you never heard the Dead cover George Jones before, but The Race Is On!

Okay here is a picture taken by Rosalind live this afternoon at Hollywood Park of the magnificent Zenyatta just before the start of the Lady Secret Stakes:

NCAA Football – Two huge games this week and a bunch of also rans. The first big game is Florida at Alabama. The first, and most important thing you need to know is the game is at Alabama. That means Tuscaloosa, not Gainesville and that is simply huge, especially when the Gators are featuring the inexperienced John Brantley at QB and the Tide have the heroes of last years National Championship, McElroy and Ingram, lined up on the other side. If the Tide were going to get taken out, I think it would have been last weeks rumble at Arkansas. Thing is though, these same two teams might be meeting again in the SEC Championship game, and it may be a different game on a neutral site and a more experienced Brantley.

The other big time tilt is the Tree at the Quackers. Honestly, for my money, this looks like a far more interesting game than the SEC clash above, and both are pitted against one another on the prime time Saturday night schedule, with the SEC on CBS and the Pac-10 on ABC. Stanford QB Andrew Luck is the talk of the nation, and he indeed has mad skilz that will translate to the pro game. But we are still in the college ranks and Oregon’s Darron Thomas is not far behind him in production so far this year. Both teams are very high scoring and play surprisingly tough defense. Oregon has simply killed the Tree over the last four meetings when playing in Eugene’s Autzen Stadium, winning by an average of almost 27 points a game. That is the winning margin, not their point total mind you. And, as I have said before, if you have not been a visitor to Autzen Stadium before, you just do NOT know; the place is fucking unbelievably insane and intense. A good game, but the Ducks win again, and take the driver’s seat in the Pac-10.

I am going to make this shorter than I originally planned on when I started it earlier today, because I have some Trash to take out. But, as Bob Schacht pointed out, not that anybody would know it, but there has been a terror trial going on all week in a real live Article III courtroom in the heart of Manhattan. Exactly like all the Republicans with vapors and trembling Democrats said could not be safely done.

Jury selection started Wednesday September 29th and today the trial in chief, expected to start Monday, was tentatively postponed until next Wednesday pending determination of admissibility of evidence and testimony from an important prosecution witness, Hussein Abebe. From Bloomberg:

The federal judge presiding over the trial of Ahmed Khalfan Ghailani, a Tanzanian charged with taking part in the bombing of two American embassies in Africa, delayed the case by two days until Oct. 6.

U.S. District Judge Lewis Kaplan in New York today granted a prosecution request to postpone the trial, for which jury selection started Sept. 29. Kaplan said he may grant a delay if he rules a key prosecution witness, Hussein Abebe, can’t testify. The adjournment would give the government time to appeal that ruling before the trial.

……

Prosecutors want to call Abebe, 46, a Tanzanian who is former miner, to testify that he sold five crates of dynamite to Ghailani before the blast. He would provide a first-hand account of Ghailani’s role in the attacks, the government says.

Abebe, who hasn’t been charged, is a “giant” witness, according to prosecutors. The judge said earlier he may not decide until after opening arguments whether the jury should hear Abebe’s testimony.

…..

Ghailani’s lawyers argue that Abebe’s testimony should be excluded because the government learned of his involvement through a coercive interrogation of Ghailani by the CIA. Abebe also was coerced into cooperating with authorities, according to the defense attorneys, led by Peter Quijano and Steve Zissou.

Motions in limine and other evidentiary motions are always at issue in big criminal trials and brief delays and provision for interlocutory appeals are certainly common. So, what you see here is another criminal trial. Ho hum and yawn. Certainly not the unholy hell Baby Dick Cheney, Rudy 9/11 and the other cowering fearmongers predicted is it? The attached video from Human Rights First sums it up perfectly. Here is Human Rights First’s press release on the issue:

Despite repeated warnings that trying Guantanamo detainees in New York would result in chaos, mayhem, kidnappings, astronomical security costs, a police take-over of Lower Manhattan, snarled traffic, street closures, and “utter, unmitigated disaster,” New Yorkers interviewed by Human Rights First are going about their daily business within blocks of the federal terrorism trial of a former Guantanamo detainee.

In an exclusive video released today, the group reveals that many New Yorkers are not only failing to fear, they do not even realize that accused terrorist Ahmed Khalfan Ghailani’s trial is underway. Some, despite the urgent warnings from those trying to “Keep America Safe,” even expressed pride that the prosecution was happening in New York City.

“We have trials like that here all of the time,” one woman observed as Human Rights First correspondent Reagan Kuhn interviewed her near the federal courthouse in Foley Square.

Despite the best efforts of Liz Cheney, Deborah Burlingame, Rudy Guiliani, and Karl Rove to spread panic, many naïve New Yorkers seemed completely uninformed about the chaos that was supposed to reign. Some even observed that “everything seems pretty normal,” “I haven’t noticed anything,” and “I’m sure everybody knows what they are doing.”

As the Ghailani trial proceeds this week and in the weeks ahead, Human Rights First will continue to monitor New Yorkers’ failure to fear federal prosecution of this case. It will also continue to send representatives to Guantanamo Bay, Cuba, where military commission proceedings are set to commence next month. For those keeping score, U.S. federal courts have convicted more than 400 terrorists. Military commissions have secured only four convictions.

They have been holding terrorism trials of the highest order for years in New York City. SDNY is where the Blind Sheik Omar Abdel-Rahman was tried for the first World Trade Center Attack. There is not a better secured and more appropriate place in america to try the 9/11 terrorism suspects. That is what we do in America, and what we do as Americans. Giving in to the fear and bed wetting of the Cheneys, Rudy Guiliani, Lindsey Graham, Lieberman and others of their ilk is giving up on our principles and giving in to the terrorists themselves. Besides, NYC is always a target of terrorists and would be even if Khalid Sheikh Mohammed and the other four 9/11 suspects were tried in Gitmo.

Put the trials where the crimes happened and deal with it.

Well this is good news, the United States Department of Justice is interested in finding and prosecuting human rights violators here in the “Homeland”. From the special announcement from DOJ:

The Human Rights and Special Prosecutions Section actively seeks out information that may assist the U.S. Government in identifying human rights violators who may have entered the United States.

If you know of anyone in the United States or of any U.S. citizen anywhere in the world who may have been involved in perpetrating human rights violations abroad, please contact HRSP either by email at [email protected] or by postal mail at:

Human Rights and Special Prosecutions Section (Tips)

Criminal Division

United States Department of Justice

950 Pennsylvania Avenue, N.W.

Washington, DC 20530-0001

You do not have to identify yourself when providing information. Please provide as much detail as possible, such as:

* the suspect’s name, place and date of birth,

* physical description, and current location;

* the suspect’s alleged human rights violations including the locations and dates of those activities;

* how you learned of the suspect’s alleged activities and when and where you saw the suspect.

We are unable to reply to every submission; however, your information will be reviewed promptly by HRSP.

Information on non-U.S. citizen suspects living in the United States may be provided to Immigration and Customs Enforcement in the Department of Homeland Security, at 1-866-347-2423 (a toll-free call).

Anybody here have any suggestions for the DOJ?? Glenn Greenwald has more.

As you have probably heard by now, Vaughn Walker, the Chief Judge for the Northern District of California, has announced his retirement:

The United States District Court for the Northern District of California announces today that Chief Judge Vaughn R. Walker will step down as chief judge effective December 31, 2010. Also, Chief Judge Walker notified President Obama by letter today that he will leave the court in February 2011.

Chief Judge Walker has been a United States District Judge since February 5, 1990 and has served as chief judge of the court since September 1, 2004. Before becoming a federal judge, Chief Judge Walker was a litigation partner at the firm now known as Pillsbury Winthrop Shaw Pittman LLP. Upon leaving the federal bench, Chief Judge Walker plans to return to the private sector.

In his letter to the President, Chief Judge Walker said: ““Concluding twenty one years of judicial service, I leave the bench with the highest respect and regard for the federal judiciary, its judges and their staff and the essential role they fulfill in our constitutional system.””

By statute, United States district chief judges are selected based on a combination of age, seniority and experience and may serve in the post for a maximum of seven years. 28 USC § 136. By application of this statute, District Judge James Ware will assume the post of chief judge of the Northern District on January 1, 2011.

That was the formal announcement I received from Walker’s chambers. For further reportage, see the always outstanding Bay area legal reporter for the San Francisco Chronicle, Bob Egelko. (I will take issue with one thing Egelko reported though, that Walker’s announcement was “unexpected”; I have heard rumors of him retiring at the end of the year for several months now.)

I started to write this post last night with a million thoughts swirling in my head on the plethora of important cases Walker has handled over the years and erudite opinions rendered thereon. There is far more to the man’s record than al-Haramain and Perry v. Schwarzenegger; he also sat on such blockbuster cases as the Hearst/ SF Chronicle Antitrust litigation, the Apple/Microsoft intellectual property battle, and the knock down drag out Oracle/Peoplesoft takeover war. And hundreds of others over the years that, from every opinion of his I have read over the last couple of decades, he treated with pretty much the same dedication and attention to detail as you see in the landmark cases you know him from now. Vaughn Walker was both driven and meticulous, they simply do not make many like that; even in the cream of the crop hallowed halls of the Federal judiciary, Vaughn Walker stands out and above.

But that part of Vaughn Walker’s career is winding down now, and in a little more than three months he will be out the door of his chambers at the Philip E. Burton Federal Courthouse for the last time. Many, if not most, Federal judges who retire after they are at least 65 years of age and have 15 or more years on the bench, go on “senior status” where they continue to receive full salary, but work only part time as needed and as they wish. Walker is not taking senior status though, instead planning on returning to the private sector from which he came.

Although there are remnants of his former firm, Pillsbury, Madison & Sutro still in existence in the conglomerate now known as Pillsbury, Winthrop, Shaw & Pittman LLP, the firm as Walker knew it is gone. The rumor I hear is Vaughn intends to relax a little (a tremendously tireless and relentless worker, he has earned it) and do some private judging, likely at a place like JAMS (Judicial, Arbitration and Mediation Services, Inc.) I would not be surprised to see him also pop up on the board of directors of a company or two as well, although I would think he would be pretty discerning as to who he would involve himself with.

Vaughn Walker will leave a man in full, having done all you could ever ask to do as judge, and more. Some people, even Federal judges, shrink from the toughest cases, and most controversial issues; not Vaughn Walker. Like Michael Jordan wanting the last shot with the game on the line, Walker wanted the most important issues of the day and he saw to it that they were handled with determination, fairness, logic, gravitas and with a sense of duty and history. Walker was a man of big moments, and always rose to meet them.

So, who will fill the enormous shoes of Vaughn Walker? The sad and pitiful truth is probably nobody because Barack Obama has displayed a shocking and reckless disdain for his duty to stock and replenish the Federal Judiciary (see here and here). There are currently 105 Federal judicial seats vacant, and that is not including Vaughn Walker’s yet; and a grand total of 48 nominees pending, with 25 of them pending in the Judiciary Committee and 23 having already been passed out of Judiciary and placed on the Senate Executive Calendar (although Harry Reid has not scheduled a floor vote for a single one of them).

This is simply inexcusable and a dereliction of duty by the Obama Administration for having named nominees for less than half, well less than half, of the empty judicial seats at a time when the Federal Judicial Conferences are declaring emergencies and begging for relief. It is also inexcusable for Harry Reid to have not wielded his power as Majority Leader better so as to move nominees that have come out of committee. About the only entity that has consistently done its job on this is, in fact, Pat Leahy’s Senate Judiciary Committee. Leahy moves the nominees, even tough ones like Goodwin Liu, in and out of committee promptly. And then they die from the not so benign neglect of the Obama White House and Harry Reid and, of course, the intransigence of Mitch McConnell and the GOP caucus.

Judiciary Chairman Leahy issued a statement today on the appalling record being made on the Federal judiciary:

The Senate Wednesday night recessed until after the November elections without confirming any of the 23 judicial nominations pending on the Executive Calendar. One nomination, Fourth Circuit nominee Albert Diaz, was unanimously reported by the Judiciary Committee more than eight months ago, but Senate Republicans have yet to give consent to schedule a vote on his nomination. Seventeen of the 23 judicial nominations pending on the calendar were reported by the Committee unanimously.

“The Senate is well behind the pace set by a Democratic Majority in the Senate considering President Bush’s nominations during his first two years in office,” Senate Judiciary Committee Chairman Patrick Leahy (D-Vt.) said in a statement. “Republicans have allowed the Senate to consider and confirm only 41 of President Obama’s circuit and district court nominations over the last two years. In stark contrast, by this date in President Bush’s second year in office, the Senate with a Democratic majority had confirmed 78 of his Federal circuit and district court nominations. That number reached 100 by the end of 2002, all considered and confirmed during the 17 months I chaired the Senate Judiciary Committee.”

The Senate has taken more than five times longer to confirm circuit court nominations after being favorably reported by the Judiciary Committee than it did in the first Congress of the Bush administration. The Senate has taken three times longer to confirm district court nominations after being favorably reported by the Judiciary Committee.

“Last year the Senate confirmed only 12 Federal circuit and district court judges, the lowest total in 50 years,” Leahy said. “This year we have yet to confirm 30 Federal circuit and district judges. We are not even keeping up with retirements and attrition. As a result, judicial vacancies are, again, over 100 and, again, more than 10 percent. This trend should alarm the American people who expect justice from the Federal courts.”

It is indeed alarming, but it is certainly not all the doing of GOP obstructionism. That simply does not hold water when Obama cannot even be troubled to put up a nominee for well over half of the vacant seats. That is not just alarming, it is appalling. Remediation of the Federal judiciary from the right wing Federalist society coup underwritten by the Bush/Cheney Administration was one of the big things Barack Obama ran on as a candidate in 2008. And it is yet another, in what is becoming a long laundry list of promises and positions, he has failed to live up to.

When Mr. Obama has actually deigned to make judicial nominees, they have been characteristically centrist, milquetoast, unexciting “consensus” hollow suits. When Elena Kagan was installed on the Supreme Court, there was much talk, and fairly much some consensus, that Obama was moving the ideological spectrum of the Supreme Court to the right to at least some degree, even if not greatly. What has seen precious little discussion, however, is what is occurring to the ideological spectrum of the bread and butter District and Circuit levels of the Federal judiciary. A hint of what I am describing is found in Attorney General Eric Holder’s Op-Ed yesterday in the Washington Post:

The problem is about to get worse. Because of projected retirements and other demographic changes, the number of annual new vacancies in the next decade will be 33 percent greater than in the past three decades. If the historic pace of Senate confirmations continues, one third of the federal judiciary will be vacant by 2020. If we stay on the pace that the Senate has set in the past two years — the slowest pace of confirmations in history — fully half the federal judiciary will be vacant by 2020.

These are generally the same kind of numbers I have been hearing for months from a couple of Federal judges who are getting simply apoplectic about what is occurring under Obama’s watch (and these are folks that were big Obama supporters). What I would like to make crystal clear to any and all progressives out there though, is that it is not just the sheer number of retirements looming, it is who a great many of the retirees will be. And this is where we come back to Vaughn Walker, because the coming retirements will, tragically, have a disproportionately high percentage of the old school civil liberties lions appointed by Carter, the first term Bill Clinton and, yes, even Reagan and George H.W. Bush.

President Obama is WAY behind the curve. Remedying this situation, even if he suddenly finds the desire he has lacked to date, will certainly not get any easier with the greatly reduced Senate majority the Democrats will clearly be faced with, at best, after November’s mid term elections. The GOP can already smell the blood in the water. Obama has literally squandered the best conditions imaginable – an unheard of Senate majority of 60 seats and then 59 after Scott Brown – for restocking of the Federal bench with liberal judges. It is simply unfathomable this has occurred after what the Bush/Cheney regime did by turning the Federal judiciary over to the radical right wing Federalist Society types.

With such an inexplicable and unconscionable backlog now created, and in light of the foregoing reduced majority and grounds for increased GOP obstruction, Obama will be beyond lucky, if he fights with a determination and vigor he has never mustered before, to come close to treading water in the next two years. And that is only if he appoints the most milquetoast centrist hacks he can find (which clearly is his default preference). Should Obama continue down the path he has plowed to date and fail to get reelected in 2012, there may be 120-150 judicial vacancies by January 2013 and we will be set up for a President Palin or whatever other conservative crusader comes through, to administer the coup de grace on the wholesale permanent takeover of the Federal judiciary for the next 20-30 years by right wing ideologues that do not represent the common will of the American citizenry, and who will dogmatically attack anything and everything progressive in their sights.

This is what progressives need to understand about the dire predicament we face in relation to the non-SCOTUS Federal judiciary; it is truly bleak. And the Obama White House just completely squandered the best two year window for doing something about it. What now?

It’s Sharktopus time! Yes, we are taking the Emptywheel blog to new and fantastic heights tonight, all with you, our dear readers, commenters and friends in mind! Watch the world premier of a sure fir Oscar winner, Sharktopus, with us. All you have to do is tune your TeeVee to SyFy Channel at 9:00 pm Eastern, 8:00 pm Central and join us in comments as you watch and imbibe. For those on the west coast, we will be repeating the festivities when you can play at 9:00 pm Pacific, Arizona and FDL time.

The festivities will be led by Eli from FDL, Marcy Wheeler and some special guests, including the very disturbing, yet intriguing, “Mystery Dub”. Since the west coast will not get to see Sharktopus until 9 pm PST/FDL time, the whole event will be repeated with bmaz and, hopefully, some other special guests, celebrities and you!

With no further adieu:

Sharktopus is a killing machine, half shark and half octopus. From the Sharktopus entry in Uncyclopedia:

The sharktopus is tough, but fair. Actually, it’s not fair at all, it’s absolutely merciless and it will just fuck you up! It is also sophisticated, a gourmand and a member of MENSA Elite!!!It is a creature so evil that it was cast from the pits of hell and sent to kill all those who enter the sea. Combining the many rows of serrated teeth found in sharks and the awesome suction cup power of the octopus.

When you venture too close to the ocean, or make the critical error of stumbling into the ocean, you are fucked! The sharktopus will latch on with its tentacles, violate you and then start eating you feet first. It’s believed that it wants you to feel pain, hence the feet first. Man it’s painful, just ask Satan. After it eats you, it then goes after your family.

The sharktopus has three amazing abilities to make its killing arsenal very deadly. Ability the first: it can smell bloodlines. This ability has lead to the extermination of copious amounts of families. And has torn others apart based on bastard children. Nobody is safe. Ability the second: it can go on land when the bloodline vendetta has been announced. Once it has a target it can hunt you down no matter where you are, unless you live in the cloud city of Bespin. Ability the third: it is high skilled in a variety of…skills. Such as its proficiency in Southern Mantis style kung-fu, being adept at handling a variety of firearms, satisfaction of women, (much more after jump) political prowess, fishing, building sand castles, pointing out peoples flaws and the fundamental skill of devouring human flesh. These have made them renowned bounty hunters and mercenaries for the Irish.

This abomination was Satan’s attempt to play god. He thought there was a market for Shark-octopus porn, but that logic was flawed. So very flawed. He didn’t make his actors use protection and 8 weeks later a whole slew of eggs was found. These eggs then hatched (which is what they do) and ate everything else in the aquarium. When they grew up, Satan made the mistake of venturing into their tank and was bitten not once, not twice, but a total of 69 times. Rather than do anything, he simply cast them to Hell 2.0, otherwise known as the Jersey shore. He was quite clearly annoyed with it all.

Word. Sharktopus is the latest, and perhaps greatest, from director and producer Roger Corman.

In Corman’s most active period, he would produce up to seven movies a year. His fastest film was perhaps The Little Shop of Horrors (1960), which was reputedly shot in two days and one night[6]. Supposedly, he had made a bet that he could shoot an entire feature film in less than three days. Another version of the story claims that he had a set rented for a month, and finished using it with three days to spare, thus pushing him to use the set to make a new film (These claims are disputed by others who worked on the film, who have called it part of Corman’s own myth-building). Although highly cost-effective, Corman’s parsimonious approach to filmmaking was not without its critics; Charles B. Griffith, who wrote the original screenplay for Little Shop, later remarked that “[Corman] uses half his genius to degrade his own work, and the rest to degrade the artists who work for him.”

Corman is probably best known for his filmings of various Edgar Allan Poe stories at American International Pictures, mostly in collaboration with writer/scenarist Richard Matheson, including House of Usher (1960), The Pit and the Pendulum (1961), The Premature Burial (1962), Tales of Terror (1962), The Raven (1963), The Haunted Palace (1963), The Masque of the Red Death (1964), and The Tomb of Ligeia (1964). All but Premature Burial starred Vincent Price. After the film version of The Raven was completed, he reportedly realized he still had some shooting days left before the sets were torn down and so made another film; The Terror (1963) on the spot with the remaining cast, crew and sets.

He also directed one of William Shatner’s earliest appearances in a lead role, with The Intruder (1962). Based on a novel by Charles Beaumont, the film, made for approximately USD$80,000, has become famous for its treatment of segregation and civil rights.

In 1970, Corman founded New World Pictures which became a small independently owned production/distribution studio, releasing many cult films such Death Race 2000 (1975), Galaxy of Terror (1981), Children of the Corn (1983), and the Joe Dante film Piranha (1978). Corman eventually sold New World to an investment group in 1983, and later formed Concorde Pictures and later New Horizons.

Corman’s penultimate film as director was 1971’s Von Richthofen and Brown (he had always wanted to make an aviation movie, being a pilot himself). He then returned to directing once more with 1990’s Frankenstein Unbound. In total, Roger Corman has produced over 300 movies and directed over 50.

Sharktopus is a smooth guy, former Miss USA hooked up with him. Sharktopus is an environmentalist; but is a bad boy too, having had a restraining order issued against six out of his eight tentacles. Sharktopus learned his lesson, and is now a fierce court litigator.

So, as you can tell, this is gonna be one hell of a fun time tonight for this grand world premiere! Join us watching drinking and commenting. It is you duty to the world!

This week’s Lowell Thomas travelogue takes our rolling wheels on down south to Texas. Because the Lone Star State is where, by far, the most important and compelling game is to be found. That would be Jerry Jones’ ‘Boys visiting the upstart Houston Texans. In honor of our trip down south, we have two, count em two musical selections this week. The first is from that little old band from Tejas, ZZ Top with their classic tale of a trip to an, ahem, girls club – La Grange. A little bit o trivia, La Grange is the actual “Best Little Whorehouse in Texas” made famous on stage and in film. The second selection is Gimme a T For Texas by Lynyrd Skynyrd in honor of the death of the actual namesake himself, Mr. Leonard Skinner.

But before we get down to the gridiron festivities, there is one big matter CHOMPing at the bits. Sharktopus! That’s right, tonight is the Emptywheel Sharktopus World Premier Sharktacular Extravaganza! The initial festivities kick off shortly before 9 pm Eastern time (8 pm Central) and will be hosted by Marcy, Eli from FDL and special guest Mystery Dub. Now, unfortunately, out here on the best coast, er left coast, we do not get the movie until 9 pm our time (that would be 9 pm Pacific, FDL and Arizona time), so I will be hosting a second set of festivities for all the west coast shark biters and bitees. This is the grand reemergence of the master of campy summer slasher movies, Roger Corman, and promises to be a load of really tacky and crazy fun. So, if you love seeing hot babes in bikinis frolicking and then being eaten by sharks – and who doesn’t?? – then join us tonight! (Much more after jump)

Pros: As stated above, the big game this week is Dallas at Houston, and we are going to find out if the Cowboys are even the best team is Texas anymore, much less a viable SuperBowl contender. And with the Texans at 2-0 and looking impressive getting there with a win over Peyton and the Colts at home and a tough road win over the Redskins. The Cowboys, on the other hand, have just looked bad in consecutive losses to the Skins and the Bears. Tony Romo has looked okay, although not great, so far but what has killed Dallas is the absence of their once vaunted running game. The Texans are clicking on all cylinders with great passing by Matt Schaub and tough running by the newly discovered Arian Foster. The Texans also look very solid on defense, which cannot be said for the Boys. Dallas can’t really open the season 0-3 can they? Yes, they can.

The other pretty big game is back to the black and blue battles of yore, Packers at Bears Monday night. Both teams are 2-0 and playing solid on both sides of the ball. I would have written Jay Cutler off as another dope with a big arm and lunk head. And that is about what he has shown so far in his career, both at Denver and Chicago; but now he is operating in the wide open, yet micro controlled, Mike Martz offense. It could work, and if it does, Cutler and the Bears could be pretty scary, especially not that Urlacher and the defense seems rejuvenated. The Packers just keep getting better and rolling along. But they had a huge bit of misfortune in the loss of hard nosed running back Ryan Grant for the season. This game is almost a pick em with Grant out, but I will take the Pack in a very close contest.

The rest of the slate are all actually pretty interesting – no real dogs – but not nearly as compelling as the first two above. Bungles at Panthers is a pickem, both teams are weak but Cinci needs a win and Jimmy Clausen debuts for Carolina. Geezer and Vikes rest up on the Lions and get a much needed win. Atlanta plays tough, but can’t win at the Saints. Tampa Bay is a surprising 2-0, as are the visiting Stillers; but the Stillers and Polamalu’s hair find some way to leave 3-0. Ravens kill the Brownies, as the Pats do the Bills. Am going out on a limb and saying the Chiefs knock off the Niners at Arrowhead; SF should be a better team, but I think KC does it. Skins, Eagles, Bolts and Colts all win, which means Rams, Jags, Squawks and Donks all lose. Raiders at Cards is a pickem; who know? Cards should win, but I dunno, I think the Raiders will with Gradkowski at QB. That leaves Jets at the Fish; I’ll take the Jets.

NCAA: Okay, I want to say the game of the week is 24th ranked Oregon State at number 3 Boise State. And since I can say whatever I want, that is exactly what I am gonna say! The Beavers have really prepped for this game, even going so far as to paint their practice field that puke blue they have up in Boise. And make no mistake, Oregon State is a decent team from the Pac-10, not some flunky also ran. But Boise State wins this and keeps the BCS busting dream alive; the only question is by how much they win by for “style points” purposes. The other must see teevee football is Alabama at Arkansas in a tough battle of unbeaten SEC teams. You know about the Tide, but do not discount the Hogs who are powered by the first rate QB Ryan Mallet, who once played at Michigan but left to join a real conference and play in big games. Hard to pick against the Tide, especially now that they have last year’s Heisman winner (and he still has the trophy) Mark Ingraham back and at full speed. Should be a good game, but Alabama wins solidly.

Stanford visits South Bend to remind the Irish they are still mediocre. But the South Carolina Gamecocks at Auburn should be a full on battle. I rate it a pickem, but if SC and the ‘Ole Ball Coach can come out of Auburn with a win, look out. The Quackers from Oregon visit the Devils here at Sun Devil Stadium for a pretty big early season Pac-10 battle. The Devils are far better than you think, but I don’t think they have enough to beat the Ducks, who are very good under coach Chip Kelly.

Formula One: This weekend the circus stops in Singapore at probably the most butt ass ugly circuit in history. Just atrocious. But they do run the race at night, which is a pretty bizarre and unique scene. Vettel, Alonso and Hamilton are fast so far in practice (yeah, I know, big surprise there), while the garage area is abuzz over talk of Schumacher’s future in F1. Michael apparently said he is staying in F1, but there seems to be some thought it may not be as a driver. I think he will give the comeback at least one more season. Qualifying goes live at 10 am EST (7 am PST) this morning. The race itself goes off at 7:30 am EST (4:30 am PST) Sunday morning on Speed. Again, not my favorite track, but usually a decent race in a surreal kind of way.

That’s it for this week folks. Get yer Trash on. And don’t forget the Sharktopus fest tonight!

The late, but great, news this fine Friday afternoon is the decision of Western District of Washington (WDWA) Judge Ronald Leighton in the case of Air Force Major Margaret Witt. Witt has been an Air Force reserve flight and operating room nurse since 1987 and was suspended from duty in 2004, just short of retirement, upon her base commanders being informed by an off base nosy neighbor that she was a lesbian.

From NPR:

A federal judge ruled Friday that a decorated flight nurse discharged from the Air Force for being gay should be given her job back as soon as possible in the latest legal setback to the military’s “don’t ask, don’t tell” policy.

The decision by U.S. District Judge Ronald Leighton came in a closely watched case as a tense debate has been playing out over the policy. Senate Republicans blocked an effort to lift the ban this week, but two federal judges have ruled against the policy in recent weeks.

Maj. Margaret Witt was discharged under the “don’t ask, don’t tell” policy and sued to get her job back. A judge in 2006 rejected Witt’s claims that the Air Force violated her rights when it fired her. An appeals court panel overruled him two years later, leaving it to Leighton to determine whether her firing met that standard.

This is indeed a wonderful decision, and one based upon the elevated level of scrutiny that is now clearly the standard in Federal court consideration of the rights based on sexual preference. The full text of the court’s decision is here. The critical language from the decision setting and clearing the table is as follows:

Plaintiff commenced this action by filing a Complaint on April 12, 2006. On July 26, 2006, this Court granted the government’s motion to dismiss pursuant to Fed. R. Civ. P. 12(b)(6), concluding that the regulation was subject to rational basis scrutiny, and that the evidentiary hearings held, and factual findings adopted, by Congress provided a sufficient foundation to support the regulation. Plaintiff timely appealed.

The Ninth Circuit agreed with plaintiff. It held that Lawrence v. Texas, 539 U.S. 558, 123 S. Ct. 2472 (2003) effectively overruled previous cases wherein the Ninth Circuit had applied rational basis to DADT and predecessor policies. It held that something more than traditional rational basis review was required. Witt v. Department of the Air Force, 527 F.3d 806, 813 (9th Cir. 2008). The Circuit

Court vacated the judgment and remanded to the District Court the plaintiff’s substantive and procedural due process claims. It affirmed this Court’s dismissal of the plaintiff’s equal protection claim. On remand, this Court was directed to determine whether the specific application of DADT to Major Witt significantly furthers the government’s interest, and whether less intrusive means would substantially achieve the government’s interest. Witt, 527 F.3d at 821.

Now comes the interesting part of the opinion (and case as argued by the government) and it ties in directly with the Log Cabin Republicans v. USA DOD decision recently rendered in the Central District of California (I will return to that in a bit). Specifically, the 9th Circuit based at least partially upon briefing in the alternative by the government (i.e arguing multiple positions), granted the government’s argument that, at a minimum, they were at least entitled to argue that homosexuals were bad for moral and unit cohesion on a case by case basis.

In essence, the government figured that, rather than lose the whole case, they would be “smart” and roll with being able to at least handle it on a case by case basis. But Judge Leighton saw through the government’s baloney in the remand of the very case they had argued it, Witt:

Added to this calculus, is the government’s plea for uniformity. Lt. General Charles Stenner, the government’s expert, made the unassailable point that uniformity and consistency in the administration of personnel policies is a desirable objective. When similar people are treated differently, morale and cohesion suffer. The government argues that Major Witt’s continued military service necessarily would result in the application of a different personnel policy to her than to other service members, such as those in the First Circuit, where the DADT statute was upheld as constitutional. See, Cook v. Gates, 528 F.3d 42, 60 (1st Cir. 2008). The argument proves too much, however. The call for uniformity defies as-applied analysis. By definition, if uniformity is required, exceptions cannot be encouraged. And if exceptions cannot be encouraged, as-applied analysis is pointless. The direction to this Court to apply DADT to the specific circumstances of Major Witt compels it to reject any notion that the overriding need for uniformity trumps individualized treatment of Major Witt.

…..

For the reasons expressed, the Court concludes that DADT, when applied to Major Margaret Witt, does not further the government’s interest in promoting military readiness, unit morale and cohesion. If DADT does not significantly further an important government interest under prong two of the three-part test, it cannot be necessary to further that interest as required under prong three. Application of DADT therefore violates Major Witt’s substantive due process rights under the Fifth Amendment to the United States Constitution. She should be reinstated at the earliest possible moment.

In a nutshell, Leighton called bullshit on the government, and rightly so. The government came out of the earlier appeal in Witt with the order that it only seek DADT discharges where it was provably appropriate, and then went and tried to continue to do just that in the most absurd case imaginable, and after having been excoriated on the facts by the 9th Circuit. And the decision to so proceed in the face of such overwhelming absurdity was made squarely by the Obama DOJ, the tools of the Administration that ran for, and took, office promising to do the opposite.

Which brings us back to the aforementioned Log Cabin Republican (LCR) case. Shocking, but true, the Obama DOJ doubled down on the hypocritical two faced argument. In LCR, Judge Virginia Phillips found DADT unconstitutional under both due process and First Amendment analysis and, seeing as how the case sought injunctive relief, told the plaintiff LCRs to submit a proposed injunction and the government to put any objections in writing thereafter. The plaintiff LCRs submitted their proposed injunctive order on September 16th, and the government filed its objection thereto yesterday. (By the way, the reply by the LCRs was literally just filed and is here).

Now the hilarity and absurdity of the Obama Administration policy rears its ugly head because, you see, part of the government’s objection in LCR is based on the Witt 9th Circuit decision that they should at least be entitled to make a showing on a case by case basis. When, at almost the same exact moment, the Obama Administration was proving in the further proceedings of the Witt case itself, that they could not, and would not, adhere to the spirit of Witt and proceed intelligently and on a case by case basis where they could prove morale and unit cohesion were at risk.

Instead, what the Obama Administration, by and through the actions of their Department of Justice, have proven that their current rhetoric about being dedicated to ending DADT is as empty as their similar campaign promises were hollow. Yet day after day, the Administration wonders why those on the left are unhappy and chastises them for not clapping loudly enough heading into midterm elections where turnout of the base is critical. Tin ear does not begin to describe this arrogance.

Comes out of the Virginia swamps

Cool and slow with plenty of precision

With a back beat narrow and hard to master

Some call it heavenly in it’s brilliance

Others, mean and ruthful of the Western dream….

I love the friends I have gathered together on this thin raft

We have constructed pyramids in honor of our escaping

Yes, it is the Texas Radio and the Big Beat. But, more importantly, it is this week’s Trash Talk …. and Sharktopus! Before we get down to this week’s slate of sporting festivities, we here at the incomparable Emptywheel blog have a truly special announcement! In one short week, on Saturday night September 25, 2010, we will be proudly going where no blog has gone before (thankfully probably). Yes, we will be liveblogging, FDL Mystery Theater 3000 style, the grand world premier of the movie of the century, Sharktopus!

As a special taser – er, teaser – I have attached the amazing trailer from this certain Oscar winning celluloid classic. And, thanks to the miracle that is cable TeeVee, you too will be able to watch and participate from the comfort of yer own abodes (i.e. For those scoring at home, and even those alone). This event will, MST3K style, be hosted by me, Eli from FDL and, if we can get her likkered up enough, Marcy (she needs some encouragement!). The event will go off next Saturday night at 9:00 pm EST, 6:00 pm PST/FDL time. The bar here will be open 20-30 minutes before the curtains go up. Bring your bikinis and shark repellant!

Student Athaletes: Okay, I’m going homer this week. And I ain’t talking Simpson. The game of the week is Iowa at Arizona. The 9th ranked Hawks fly into the 24th ranked Cat lair. Both teams are 2-0, and this is an always intense and entertaining Pac-10/Big-10 matchup – and not even in the Rose Bowl (that never happened except in the Rose Bowl when I was growing up; else Bo Schembechler and Woody Hayes would have lost a lot more games). Two very top tier quarterbacks, Ricky Stanzi for the Hawks and Nick Foles for the Cats. Both teams have potent offenses and tough defenses to date in the still young season. You have to give the coaching edge to Iowa’s Kirk Farentz over the Benny Stulwiz like Bob Stoops for Arizona. But the contest is a night game on Bear Down Field in Tucson and that is special; Cats win in an upset.

Sticking with the homer routine, the other game of the day (I hope; cross my fingers, otherwise it could be a rout), is ASU at Camp Randall Stadium to visit the Wisconsin Badgers. Another Pac-10/Big-10 hookup. Just doesn’t seem right, but there you have it. I actually have friends with more dollars than sense who have travelled up to the Land ‘O Cheese to get a brat and see the game. Suckers. The Badgers are 11th ranked and always solid, if rarely exciting. The Badgers have a superior ground game, with the Devils having the slight edge at quarterback with Michigan transfer Steve Threet. ASU has also gone to the popular spread offense this year and they often run it hurry up style.. ASU is better tha people think, but the Big Bad Badgers are to much for them at Camp Randall.

Florida at Rocky Top to visit the Vols might be interesting if Florida keeps playing like a run of the mill team; but they should be able to get by the rebuilding in the wake of Hurricane Kiffin Vols. Number 8 Nebraska goes to Seattle to take on Jake Locker and the Washington Huskies. This has got upset written all over it; Huskies remind the Cornfuskers they are just an average team – like Notre Dame – now. Lastly we got the Texas-Texas Tech tilt. With no Mike Leach on the sidelines, no way the Red Raiders keep up with the Whorens. Both schools are down a little, but Texas at least has a continuity facto and that is enough. Special mention for Pirates of the Gulf Coast, the Cougs of Houston and Casey Keenum travel to Rodeo Drive 90210 to visit UCLA. The Bruins are terribly disappointing and Keenum and the Cougs should win easy.

Professional Athaletes: Thunder Island is the talk of the town this weekend. Randy Moss promises to bring the old time Brady to Moss thunder and Darrelle Revis swears he is still an island. But that would be an island with a tight hamstring per the latest hard knock pre-excuse from the running mouth Jets. Sorry, Pats go 2-0 and put themselves in the division catbird seat while the still lost Mark Sanchez and the Jets fall to 0-2.

The remaining slate of games is not all that exciting, but there are a couple to note. Cardinals at Atlanta will tell us a lot about both teams. Cards won a squeaker last week but looked crappy on offense; Dirty Birds lost their opener to teh Stillers and do not want to go down to 0-2 in what was supposed to be a promising season. This game is a toss up. Same analysis holds for the Ravens at Bengals, but the strong wind is with Ray Lewis and the Ravens as Cinci bungles to 0-2. Sea Squawks at Doncos looks interesting; I may regret this, but I will take the Squawks. Lastly, the Manning Bowl. Dunno why, but I just cannot get as excited about this as I should. There seems to be some air let out of the Peytons these days and the Giants have been pretty blase ever since their improbable SuperBowl run a couple of years ago. But the Colts have the better Manning and better receivers for him to throw to, so I will take the Colts.

In the also ran category, I got the Saints over the Niners, Bolts over Jags, Raiders rout the Rams, Texans trample the Skins (could be good game though), Eagles and Mike Vick run wild on the Matt Stafford-less Lions, Vikings rebound over the Fish, Chiefs go to 2-0 over the Brownies, Panthers over Bucs, Packers obliterate the Bills at Lambeau, Cowboys and Bears and Stillers and Titans are both pick-ems. There is your schedule, get to talking about it folks

Might as well trash this joint, because after the Sharktopus rapture weekend a week from now, there will be no turning back. Let er rip. For the children.

Remember when George W. Bush defended his illegal warrantless surveillance program with these lines:

We are at war with an enemy who wants to hurt us again …. If somebody from Al Qaeda is calling you, we’d like to know why,” he said. “We’re at war with a bunch of coldblooded killers.

…when we’re talking about chasing down terrorists, we’re talking about getting a court order before we do so … We’re at war, and as commander in chief, I’ve got to use the resources at my disposal, within the law, to protect the American people

That statement was made on January 2, 2006 in direct response to a question Bush got about Jim Risen and Eric Lichtblau’s blockbuster article in the New York Times exposing the illegal program that went to print just two weeks prior.

Since those early days of realizing the United States government was running an illegal and unconstitutional spy surveillance operation on its own citizens, we have learned an awful lot. For too many citizens, it does not even seem to hold interest. Today, the Center for Constitutional Rights reminds us what the Bush Administration was really up to, how patently absurd it was and just how big of a lie George Bush fostered on the American public. Turns out “If al-Qaida is calling” meant random government searches of phone books for Muslim sounding names and taking crank phone calls.

From a CCR press release I just received:

Today, the Center for Constitutional Rights (CCR) announced that six new plaintiffs have joined a federal, class action lawsuit, Turkmen v. Ashcroft, challenging their detention and mistreatment by prison guards and high level Bush administration officials in the wake of 9/11. In papers filed in Federal Court in Brooklyn, CCR details new allegations linking former Attorney General Ashcroft and other top Bush administration officials to the illegal roundups and abuse of the detainees.

Five of the plaintiffs in the original lawsuit won a $1.26 million settlement in November 2009.

The new plaintiffs include two Pakistani men, Ahmer Iqbal Abbasi and Anser Mehmood; two men from Egypt, Ahmed Khalifa and Saeed Hammouda; Benamar Benatta, an Algerian man who has sought and received refugee status in Canada; and Purna Raj Bajracharya, a Nepalese Buddhist whose prolonged detention after 9/11 prompted outrage not only by civil libertarians, but even by the FBI agent who originally investigated him. Despite the fact that the government never charged any of them with a terrorism-related offense, the INS kept the men in detention for up to eight months, long past the resolution of their immigration cases. CCR attorneys say that the government treated these men as terrorists during that time, placing them in ultra-restrictive, super-maximum security confinement and abusing them. The treatment was based not on any actual evidence tying the men to terrorism, but merely because of their race, religion, and national origin.

“I was deprived of my liberty and I was abused at the hands of the U.S. government simply because of my religion and ethnicity. Now, nine years later, I seek to vindicate my rights and hold the people who mistreated me accountable,” said Benamar Benatta. “My hope is that this never happens to anyone again.”

Mr. Benatta succeeded in having a criminal charge for possession of false immigration documents thrown out of court when the federal judge in his case ruled that his immigration detention was a “subterfuge” and “sham” created to hide the reality that, because Benatta was an “Algerian citizen and a member of the Algerian Air Force, [he] was spirited off to the MDC Brooklyn…and held in the [Administrative Maximum Special Housing Unit] as ‘high security’ for the purposes of providing an expeditious means of having [him] interrogated by special agents of the FBI.”

“For almost ten years now, former 9/11 detainees have been fighting for acknowledgment that government officials, no matter what exalted position they hold, cannot get away with ordering abuse and racial profiling,” explained Rachel Meeropol, staff attorney at CCR. “This battle is far from over.”

The new suit names as defendants then-Attorney General John Ashcroft, FBI Director Robert Mueller, former INS Commissioner James Ziglar and officials at the Metropolitan Detention Center in Brooklyn, where the plaintiffs were held. It includes additional detail regarding high-level involvement in racial profiling and abuse, including allegations that former Attorney General Ashcroft ordered the INS and FBI to investigate individuals for ties to terrorism by, among other means, looking for Muslim-sounding names in the phonebook. In the resulting dragnet, hundreds of men were arrested, many based on anonymous and discriminatory tips called in to the FBI.

The complaint also discloses, in some cases for the first time, the discriminatory and nonsensical tips that led to each plaintiff’s arrest and detention. Lead plaintiff Mr. Turkmen, for example, was arrested after his landlady called the FBI to report that she rented an apartment to several Middle Eastern men, and “she would feel awful if her tenants were involved in terrorism and she didn’t call.”

Among other documented abuses in detention, many of the 9/11 detainees had their faces smashed into a wall where guards had pinned a t-shirt with a picture of an American flag and the words, “These colors don’t run.” The men were slammed against the t-shirt upon their entrance to MDC and told “welcome to America.” The t-shirt was smeared with blood, yet it stayed up on the wall at MDC for months.

Michael Winger, CCR cooperating counsel, said, “Last year the Supreme Court tried to derail challenges to the Attorney General’s role in this scheme by announcing tough new pleading standards for claims against high level government officials. We’re going forward to show that despite the new standards, even cabinet officials can be held responsible for abusive treatment.”

The suit further charges that the detainees were kept in solitary confinement with the lights on 24 hours a day; placed under a communications blackout so that they could not seek the assistance of their attorneys, families and friends; subjected to physical and verbal abuse; forced to endure inhumane conditions of confinement; and obstructed in their efforts to practice their religion. One of the new plaintiffs, Saeed Hammouda, was forced to endure eight months of this abuse before he was cleared of any connection to terrorism and deported.

Some of the abuse included beatings, repeated strip searches and sleep deprivation. The allegations of inhumane and degrading treatment have been substantiated by two reports of the Justice Department’s Office of the Inspector General, and several defendants in the case have been convicted on federal charges of cover-ups and beatings of other prisoners around the same time period.

There has been constant, at least in these circles, focus on the due process black hole we have thrown hundreds and hundreds of men into at Gitmo, Bagram and the black sites. But it was not just over there, as the CCR Turkmen v. Ashcroft case above, and the Zeitoun case in post-Katrina New Orleans prove, it is right here at home too.

Turns out “If al-qaida is calling” really meant a tragic game show of “Dialing for Detainees” and taking crank calls from batty old landladies. Based on this atrocious “evidence” human beings were detained without due process, beaten and abused. Right here in the “Homeland”. The new definition of “security”. there is nothing really new in today’s CCR announcement, but it is good to be reminded of where we were not long ago and where, thanks to the cover and complicity of the Obama Administration, we still likely may be.

Okay, as promised, here is the real Trash Talk for the weekend. Not sure what other football games and sports there are after the Geezer’s debut Thursday night, but I will try to find some to talk about……

Hey, turns out there is a game in South Bend today! That’s right Wheelers and Wheelettes, it’s the Wolvereenies versus the Flighting Irish. Emptywheel versus Masaccio. Just like when they had the battle of the unvictorious and untieds in 2007 – except better! Both teams appear to be resurgent this year and, all joking aside, that is good for college football. Bothe teams come in at 1-0 and are desperate to get to 2-0 to make a run at a prime bowl spot. Michigan is keyed by Denard Robinson, the super soph quarterback. Last week against UConn, Robinson threw for 186 yards and ran for another 197 as the Wolverines rolled to a 30-10 victory. Thankfully, after last year’s fiasco, Rich Rod seems to have seen the light and made Tate Forcier permanent number two.

Notre Dame seems already to be much more disciplined and cohesive under new coach Brian Kelly. Look for QB Dayne Crist to go deep to Michael floyd, maybe the best receiver in the country, especially considering Big Blue’s defensive secondary is beat up. The real test in this game will be whether Notre Dames defensive front and linebackers can stop Robinson and Michigan’s running game. If they do that, Notre Dame wins, and that is what I expect, although it should be a pretty good game. If Robinson gets loose again like last week, however, the Wolverines will win easy.

There are a lot of other really good games on the bill too. First and foremost is The U at the Ohio State Sweatervests. We will see if Jacory Harris and the Canes are back enough to nip the Buckeyes in the Horseshoe. Also, Georgia at South Carolina, the newly Bowdenless Florida State Seminoles at Oklahoma, Penn State at Bama, Oregon at Tennessee and in an unusually early Pac-10 matchup, Stanford at UCLA. That is a hell of a lot of really good games.

PROS: The big tilt is of course on Monday night when Ray Lewis and the Ravens travel to the Jets Jets Jets and their loud coach and new stadium. That ought to be really something; two nasty defenses, both coached up at one point by Rex Ryan. Revis Island, Bart Scott and Jim Leohnard along with a solid line provide the Dee in the Jets’ fence. They will show up. So will Ray Lewis, although the other superstar ball hawk for the Ravens, Ed Reed, is out. Really, this game will come down to how the two offenses perform. In that category, you have to take the Ravens all the way with Flacco and Ray Rice over Mark Sanchez and a worn out LaDanian Tomlinson. Ravens get the job done

In other key games, the Boys and Romeo visit McNabb and the Skins. Everybody is high on the Boys this year, but I dunno. Still McNabb is banged up, so I will take the Boys this week; later maybe not so much. Pack at Iggles could be interesting. If Kevin Kolb is what he has looked to be in preseason and a couple of games last year, this might be interesting. Might, but won’t; Pack easy. Bengals at Pats; if the Bill Bels can muster any defense at all, they win – I think they will. I think the Lions at Bears may actually be pretty interesting just to see what happens. Lions should be MUCH improved, and who knows what the hell is up with the Bears, they could be good or horrible – who knows? I’ll take the Lions in what I guess is an upset. I saw some cluck on MSNBC website predict the Texans will beat the Peyton Mannings; nuh uh, Peyton scores too much for the Texans. Broncos beat the Jags, Stillers eke out a win over the Dirty Birds, Fish beat the Bills, Browns over the Bucs, Raiders upset the Titans, Eli and the Gents take the Panthers, Cards beat the Rams, SeaSquawks somehow over the Niners, and the Bolts kill the Chiefs.

US Open: Federer pulls one last major win over Nadal and Kim Clijsters wins another Open over Vera Zvonareva.

F1 Circus: This weekend the Circus sets down at the Autodroma Nationale de Monza for the one and only Italian Grand Prix. Monza is the fastest circuit on the tour and is a great track that always provides great racing. Not surprisingly, fast, good teams go fast at Monza, and so they did at practice. Sebastian Vettel led the way for Red Bull followed closely by the two home town heroes in red, the Ferraris of Alonso and Massa. The two Mclarens of Hamilton and Jenson Button followed with Mark Webber trailing with mechanical difficulties. This is another critical race with only three points separating Webber from Hamilton for the driver’s crown and only one point between Red Bull and McLaren for the Constructor’s Championship. The big chattering for the weekend has been over the use of team orders. FIA hit Feerrari with a $100,000 fine for the incident at Hockenheim. I have no clue why this is always so shocking in today’s F1, team orders have been a part of the Circus for over six decades; that is just the way it is and the way it is going to be. Ecclestone should give up the ghost on this one. The race goes off at 7:30 am EST and 4:30 PST Sunday morning on SpeedTV.