Formula One Trash Talk: The Circus Comes To Oz Town

Hi there Wheel, Empty, and and otherwise gear heads, it is time for Spring Trash Talk. There is a lot under foot, Spring Training in Major League Baseball, free agency season and pending entry draft in the NFL, the somewhat diminished fortunes of the NBA and, most of all, FORMULA ONE! The Circus season is upon us, and it is starting down under in the Land of Oz.

Appears we are starting off where we left off: there is yet no reason to believe the Red Bulls of Sebastian Vettel and Mark Webber are anything less than the cars to beat. But, that being said, there is also no reason to think that the Ferrari and McLarens are anything less than the threat that they were at the end of last season. Drivers make a difference in F1, and Fernando Alonso and Jenson Button are very, very good drivers. And their cars are not chopped liver either. For the clear superiority of the Red Bulls, and even the McLarens for that matter, Fernando Alonso pulled off one of the greatest performances in the history of F1 with inferior equipment last year. Alonso was only 3 measly points behind Vettel in the final Driver’s standings. Simply astonishing.

The opening two practice sessions for the Australian GP were late last night my time; i.e. between 9 pm and 12 am whatever the heck time AZ is. (Daylight savings time really screws with our heads here, cause we don’t do that). Bottom line…..not much has changed.

Okay, if I were pleading guilty (I would never!) to a heinous offense under truth serum to make sure I was cray cray (yeah, okay, this is some stupid shit too) I MIGHT admit that a lot of this post was written from a series of taco joints in Old Town Scottsdale. It is nowhere near as opulent as it sounds; hell even the mariachi music is piped in like Muzak. And the 60 something threesome at the table next to me looks like their Winnebago may be illegally parked out on Camelback Road.

Where were we? Okay, back to the Australian GP. Here is what Brad Spurgeon thought:

Red Bull and Sebastian Vettel have won all the titles for the last three seasons. Vettel became only the third driver in Formula One history to win three drivers’ titles in a row, after Juan Manuel Fangio in the 1950s and Michael Schumacher last decade. Only Schumacher, Fangio and Alain Prost have won more than three titles, with seven, five and four, respectively. So both Vettel and the team have more pressure on them than ever. Still, Red Bull has the advantage of the consistency of keeping the same two drivers and technical team, and Mark Webber is still pushing for his own final career chances to capture the drivers’ title. With the great designer Adrian Newey leading the way, Red Bull should remain among the strongest.

As a lifelong aficionado of Scuderia Ferrari, I would kill to demur. But, I cannot; I think that is right. Still. As to the beloved Prancing Horse, well, from the lens of the season start, it will take another superhuman drive for the ages by Fernando Alonso to keep Ferrari in the chips.

That leaves McLaren and Mercedes fighting for sloppy thirds. Maybe it will come to be that one will blast out of nowhere to be a contender for King Vettel’s Crown, but it is really hard to see. Lewis Hamilton proved himself to be a self absorbed punk at the more superior team, McLaren; now he will try to do what Michael Schumacher could not at fast, but unreliable, Mercedes. Please. Juan Pablo Montoya performed better and was sent packing to NASCAR.

For all the sturm and drang, for all the off season shuffle, the Championship will still be fought for between Red Bull and Ferrari, with a decided advantage to the former.

Let the Circus games begin!

And, then, there is the NFL free agency merrygoround. Heck, I do not know who are the winners and losers at this point. But, a quick take says the Steelers and Cardinals, the teams of local pricks bmaz and Scribe, did not do well.To be kind. Probably nobody did worse than the Cardinals, who signed an aging punt return specialist that even the Cleveland Browns did not care about anymore, and let go Kevin Kolb, the only even practice squad level NFL quarterback they had. Seriously, what kind of addled mentally challenged assholes are running the Cardinals? Oh, wait, it is still the fucking Bidwell family. Who could have guessed from this level of rank pathetic incompetence??

The Deetroit Kittehs seem to have done very well. If they can keep their peeps healthy and out of the klink, they may have the greatest show on fake turf. The Pats lost Welker’s whining wife (and shitloads of clutch catches in the slot and over the middle) BUT gained a sometimes fragile Danny Amendola. Amendola was the successor in kind at the Pirate attack fun/gun at Texas Tech. Amendola is actually every bit the route runner, and even faster, than Welker. But he ain’t as predictable, nor as reliable, as Welker. This could be a wash, or it could be a loss. Time will tell. The Pat’s defense and, especially, secondary looks to be much improved.

Other than the above, the Squawks got Percy Harvin and some other studs, and the Niners got some too. Whoo weee baybee, the gold rush is on on the left coast.

MLB is in Spring Training; let me tell ya something brother, it is fucking hot here. The NBA is in the stretch run, but the only question of interest I see is what lower seed will the Lakers fill? 8? 7? 6 looks bleak, but not impossible; though I would be shocked. We will return to that in a roundball post later. As we will with the student athletes for March Madness, and very soon.

Rock it, Talk it, Jayhawkit. Get yer sweve on Wheelies. Light it up.

Music by BB King, Bono and the band.

Bmaz is a rather large saguaro cactus in the Southwestern Sonoran desert. A lover of the Constitution, law, family, sports, food and spirits. As you might imagine, a bit prickly occasionally. Bmaz has attended all three state universities in Arizona, with both undergraduate and graduate degrees from Arizona State University, and with significant post-graduate work (in physics and organic chemistry, go figure) at both the University of Colorado in Boulder and the University of Arizona. Married, with both a lovely child and a giant Sasquatch dog. Bmaz has been a participant on the internet since the early 2000’s, including active participation in the precursor to Emptywheel, The Next Hurrah. Formally joined the Emptywheel blog as an original contributing member at its founding in 2007. Bmaz grew up around politics, education, sports and, most significantly, cars; notably around Formula One racing and Concours de Elegance automobile restoration and showing. Currently lives in the Cactus Patch with his lovely wife and beast of a dog, and practices both criminal and civil trial law.

DOJ PIN Head Steps Into More Malfeasance Poo

Central to the prosecutorial misconduct directly resulting in the criminal charges against former Alaska Senator Ted Stevens being dismissed was Brenda Morris, the Principal Deputy Chief of the DOJ Public Integrity Section (PIN). The misconduct was so egregious, and the Office of Professional Responsibility (OPR) so infirm, the trial judge, Emmet Sullivan, appointed a special court investigator to handle a criminal contempt probe.

Has the DOJ itself taken any action in light of the heinous conduct? No, of course not, they never do at the Roach Motel that is the OPR. Instead, the DOJ banished Morris to the Atlanta USA office apparently still as some kind of functioning authority in the Public Integrity (PIN) section. The DOJ is nothing if not consistent, whether under Bush or Obama.

Morris has promptly inserted herself into another high charged political mess, and done so with questionable ethics and curious basis for involvement. From Joe Palazzolo at Main Justice:

Brenda Morris, a veteran trial lawyer in the Criminal Division’s Public Integrity Section, was among a group of federal law enforcement officials who met with Alabama legislators on April 1 to inform them of the probe, which is related to a proposed amendment to the state constitution that would legalize electronic bingo.

The investigation has inflamed tensions between state Democrats and Republican-appointed U.S. Attorney Leura Canary, who prosecuted former Gov. Don Siegelman (D) and whose husband has close ties to Republican Gov. Bob Riley, who strongly opposes the amendment. Canary’s office and the Public Integrity Section are jointly investigating bingo proponents’ quest for votes in support of the amendment, which the Senate passed on March 30.

The state House of Representatives has yet to vote. Alabama Democrats sent a letter to the Lanny Breuer, the head of the Justice Department’s Criminal Division, charging that the “unprecedented” disclosure of the investigation was meant to have a “chilling effect” on state legislators who otherwise might have voted for the amendment.

Here, from the Alabama Press Register, are a few quotes from local Alabama legal experts familiar with the facts and history:

Doug Jones, a former U.S. attorney now in private practice in Birmingham, called the private meeting a “virtually unprecedented” break from standard FBI procedures.

“I can’t think of a legitimate law enforcement purpose to do something like this,” said Jones, who represents members of the Alabama Democratic Caucus.

“I have never, in all my years of practicing law, heard of an event like what happened (on Thursday)” said Mobile County District Attorney John Tyson Jr. “It was stunning to me.”

Former U.S. Attorney William Kimbrough of Mobile said he’d seen nothing like it in a legal career that spans nearly five decades.

So what in the world was Brenda Morris doing smack dab in the middle of such a contentious political mess and how could the Obama/Holder DOJ think it appropriate? The answer is hard to fathom. Morris was supposed to have been tasked to the Atlanta US Attorney’s office as a litigation attorney while she is being investigated by the court for criminal contempt from her last case. You really have to wonder who is running the asylum at DOJ Main to think that there could ever be positive optics from Morris being involved in anything politically contentious.

You also have to wonder how exactly it is the Obama Administration has seen fit to leave Leura Canary, the Karl Rove acolyte who persecuted Don Siegelman, in office as the US Attorney for the Middle District of Alabama. Local blogs are not amused; from Legal Schnauzer:

According to press reports, representatives from the Office of the U.S. Attorney for the Middle District of Alabama played a key role in Thursday’s meeting. Bush appointee Leura Canary, who oversaw the prosecution of former Democratic governor and Bob Riley opponent Don Siegelman, remains in the charge of that office. Alabama’s two Republican U.S. Senators, Richard Shelby and Jeff Sessions, have scuttled various Obama nominees for the position, and the White House, so far, has chosen not to fight for the two candidates (Michel Nicrosi and Joseph Van Heest) favored by Democrats.

Canary’s lingering presence in office almost certainly is driving the bingo investigation. Angela Tobon, an FBI special agent in Mobile, Alabama, told The Birmingham News that the Public Integrity Section (PIN) of the Justice Department is leading the inquiry. Tobon refused to elaborate when contacted by a reporter from the Montgomery Advertiser.
….
Does that mean Leura Canary was able to take advantage of a leaderless organization, contacting “loyal Bushies” still embedded in the Justice Department to help get PIN involved in a bogus Alabama operation?

It sure looks that way.

I honestly do not know enough to make the call on the underlying electronic bingo investigation, but the locals sure look to be raising a lot of very good questions about how it is being used to manipulate the local political landscape. Irrespective of the merits of the underlying investigation, leaving tainted authorities, of questionable ethics, like Leura Canary and Brenda Morris to be the face of this unusual and politically charged matter is simply inexcusable.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The New Robber Barons

image002Previously, Marcy Wheeler noted the unsavory blending of the private interests of health insurance companies with the power and hand of the US government:

It’s one thing to require a citizen to pay taxes–to pay into the commons. It’s another thing to require taxpayers to pay a private corporation, and to have up to 25% of that go to paying for luxuries like private jets and gyms for the company CEOs.

It’s the same kind of deal peasants made under feudalism: some proportion of their labor in exchange for protection (in this case, from bankruptcy from health problems, though the bill doesn’t actually require the private corporations to deliver that much protection).In this case, the federal government becomes an appendage to do collections for the corporations.

The reason this matters, though, is the power it gives the health care corporations. We can’t ditch Halliburton or Blackwater because they have become the sole primary contractor providing precisely the services they do. And so, like it or not, we’re dependent on them. And if we were to try to exercise oversight over them, we’d ultimately face the reality that we have no leverage over them, so we’d have to accept whatever they chose to provide. This bill gives the health care industry the leverage we’ve already given Halliburton and Blackwater.

Marcy termed this being “On The Road To Neo-feudalism” and then followed up with a subsequent post noting how much the concept was applicable to so much of the American life and economy, especially through the security/military/industial complex so intertwined with the US government.

Marcy Wheeler is not the only one recently noting the striking rise in power of corporate interests via the forceful hand of US governmental decree (usually at the direct behest of the corporate interests). Glenn Greenwald, expanding on previous work by Ed Kilgore, penned a dynamic description of the dirty little secret (only it is not little by any means) afoot in modern American socio-political existence:

But the most significant underlying division identified by Kilgore is the divergent views over the rapidly growing corporatism that defines our political system.

Kilgore doesn’t call it “corporatism” — the virtually complete dominance of government by large corporations, even a merger between the two — but that’s what he’s talking about. He puts it in slightly more palatable terms:

To put it simply, and perhaps over-simply, on a variety of fronts (most notably financial restructuring and health care reform, but arguably on climate change as well), the Obama administration has chosen the strategy of deploying regulated and subsidized private sector entities to achieve progressive policy results. This approach was a hallmark of the so-called Clintonian, “New Democrat” movement, and the broader international movement sometimes referred to as “the Third Way,” which often defended the use of private means for public ends.

As I’ve written for quite some time, I’ve honestly never understood how anyone could think that Obama was going to bring about some sort of “new” political approach or governing method when, as Kilgore notes, what he practices — politically and substantively — is the Third Way, DLC, triangulating corporatism of the Clinton era, just re-packaged with some sleeker and more Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Why Did Obama Kill The Dawn Johnsen Nomination?

imagesYesterday, when I wrote about 34 Obama Nominees Not Named Dawn Johnsen being confirmed by the Senate on the heels of the healthcare vote, and before they left town, I was not aware, in addition (h/t earlofhuntingdon), the nomination was now completely dead. From Main Justice:

The Senate approved a unanimous consent request today to hold over several nominees for the second session of the 111th Congress, which begins in January.

But nominees to head three DOJ offices: Dawn Johnsen, for the Office of Legal Counsel, Mary L. Smith, for the Tax Division, and Christopher Schroeder, for the Office of Legal Policy, were returned to the White House before the Senate recessed for the holidays.

Johnsen, who was nominated in February, was approved by the Senate Judiciary Committee in March on a party line vote.

Several Senate Republicans, joined by Democratic Sens. Arlen Specter (Pa.) and Ben Nelson (Neb.), have voiced concerns about Johnsen’s vocal opposition to the Bush administration’s national security policies and her past work for an abortion rights group.

The nomination of Dawn Johnsen to be the head of the Office of Legal Counsel at DOJ, a critical post, is now truly dead. If Ms. Johnsen is to serve, she will have to be renominated by Barack Obama and start over. She never got the up or down vote promised as soon as the Senate had done healthcare, she never got an ounce of support from the Administration that nominated her, and a year of her life was taken in what certainly appears to be a cowardly and demeaning Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

34 Obama Nominees Not Named Dawn Johnsen Confirmed

imagesBarack Obama first announced his intention to nominate Dawn Johnsen, a distinguished lawyer, professor of Constitutional law and former AAG in the Office of Legal Counsel for the DOJ, to be his head of the supremely critical Office of Legal Counsel nearly one year ago on January 5, 2009. Ms. Johnsen is eminently qualified and one of the best selections Obama has made for any position in his administration. In spite of that fact, Barack Obama and Harry Reid have callously and shamelessly left her twisting in the wind and have refused to put any emphasis or effort in forcing her confirmation. It is one of the greatest unpublicized scandals of an increasingly feckless Obama Presidency.

As recently as the end of November, there were promises that the Senate would take up Dawn Johnsen’s confirmation as soon as they were done with the healthcare bill. Well today, after patting themselves on the back for passage of the Bailout For Health Insurance Corporations Bill, the United States Senate managed to confirm thirty four (34) Obama nominees. None of them, of course, are Dawn Johnsen. Still she waits.

Here is a list of nominees that Hanoi Harry Reid, and without any question Barack Obama himself, since he will not lift a finger to help, think are more important than installing the head of the Office Legal Counsel, to oversee reformation of the rotting festering hole that produced the torture and wiretapping crimes of the previous administration: Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Late Night: Max Tax Baucchanal Grabs The Dental Floss

There seems to be no end to the duplicitous clean livers that are hiding cirrhotic private lives and peccadillos. Now, if you ask me, no one should be all that shocked Tiger Woods prowls like a big cat. He has been known to feel a kinship and run with Michael Jordan and Charles Barkley pretty much since he left Stanford for the bright lights and big city attractions of the PGA traveling circus. Tiger didn’t want to be like Mike, he already was like Mike. The “right stuff” that makes the greatest athletes stand out above the mere all stars and all pros generally comes with a healthy quotient of carnivore like killer instinct and desire.

But the discovery that a holier than thou condescending family values prairie dweeb like Max Baucus (R-Dentalflossville) is footing the shack up of his latest shag, well that is a whole nuther thing. Who knew Max chased the skirts and dental floss just like those hedonists in California? And considering the Max Tax concubine was, at least for a while, one of his staffers, there is of course some relief it was not an intern. So he has got that going for him I guess.

Before the moment that is the Passion Of Max fleets from memory though, let the proletariat he arrogantly betrays daily in his day job as an elected representative of the people, nation and the collective interest not be lost as to the real upshot. But lost it will be if left up to the puerile panty sniffers in the main stream political media. For instance those deer hunting manly men over at Politico have two stories on their front page (here and here) on the Max Tax plan to boost his squeeze with an elite appointment to a coveted US Attorney position and, yet, not one mention of the hypocrisy exhibited by the revelation as framed against the Baucus constant braying for fiscal responsibility and reticence to provide a health care bill covering women equally and fairly. Go figure.

As an extra Late Night bonus, check out this story of the evil terrorist Christmas elf:

A man dressed as an elf is jailed after police in Georgia say he told a mall Santa that he was carrying dynamite.

Police say Southlake Mall in suburban Atlanta was evacuated but no explosives were found.

Police say Caldwell got in line Wednesday evening to have his picture taken with Santa Claus.

Police say when Caldwell reached the front of the line, he told Santa he had dynamite in his bag. Santa called mall security and Caldwell was arrested.

Caldwell faces several charges, including having hoax devices and making terrorist threats.

Awesome.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

DOJ Circumvents Judge Walker; Attempts To Further Correct Previous Falsities

In what can only be described as a curious filing, the US Government, through the DOJ has submitted a pleading to the 9th Circuit Court of Appeals in the previously terminated al-Haramain appeal originally filed in 2006. In this appeal, on November 16, 2007, the 9th generally upheld the government’s state secrets assertion, but remanded the case to Judge Walker “to consider whether FISA preempts the state secrets privilege and for any proceedings collateral to that determination.” (Walker has so ruled and those proceedings are indeed ongoing and awaiting the Court’s decision of Plaintiffs’ Motion For Summary Judgment). The 9th Circuit’s mandate issued on January 16, 2008.

The new submission filed in the 9th Circuit is nothing short of a brazen attempt to subvert Judge Walker’s trial court authority and jurisdiction by an end run, and is entitled “NOTICE OF LODGING OF IN CAMERA, EX PARTE DECLARATION OF DIRECTOR OF NATIONAL INTELLIGENCE”

The Government hereby respectfully notifies the Court and counsel that it is lodging today with the Court Security Officer copies of an in camera, ex parte classified declaration, dated November 8, 2009, of the Director of National Intelligence, Dennis C. Blair.

We are making the lodging because an issue arose regarding an inaccuracy in an earlier Government submission in the district court that was part of the record before this Court in an interlocutory appeal in this matter bearing the above caption. The case has been remanded to the district court and an appeal is no longer pending before this Court. The lodging does not call for any action by this Court but is intended to ensure that this Court is informed of the earlier inaccuracy and has available to it classified details with respect to the issue. The Government has informed the district court of the issue, has offered to make available to that court additional classified details in camera, ex parte, and is informing that court that the Government is making the lodging in this Court.

Here is the document. Now the government had just submitted an unclassified declaration of ODNI Blair to the trial court in September, and references said declaration in their new little filing, but does not seem to attach it. Instead, they submit a new classified ex parte declaration from Blair.

Because the inaccuracy was in an earlier Government submission that was part of the record when the case came before this Court on interlocutory appeal, we are today lodging with the Court Security Officer copies of an in camera, ex parte classified declaration, dated November 8, 2009, of Director of National Intelligence Blair. That declaration provides additional classified information regarding the matter. As noted, the lodging ensures that this Court is informed of the issue and has available to it classified details concerning the issue.

Well now, it would seem that Jon Eisenberg has struck a raw nerve with his putative entry into the Horn v. Huddle case as an amicicus urging Royce Lamberth to leave his opinions in place and in force. After having been blistered by Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Obama DOJ Continues To FlimFlam Judge Lamberth On State Secrets

The state secrets doctrine was born on the wings of fraud and lies by the US government in the case of US v. Reynolds in 1953. As Congress struggles to rein in the unbridled use of the doctrine to cover up illegality by the Executive Branch (see here, here and here), it is a good idea to keep focus on just how addicted the Executive Branch has become to this unitary ability to quash inquiry into their malfeasance.

It took over four decades for the outright lie in Reynolds to surface and be exposed. The government was well on their way to covering up their similar dishonesty in Horn v. Huddle for decades, if not eternity, when a relentless plaintiff was finally able to demonstrate to Judge Royce Lamberth the fraud being perpetrated upon the court, nearly a decade after the original state secrets assertion. After giving the government multiple opportunities to come clean, Judge Lamberth blistered the DOJ with an opinion literally finding their acts a fraud upon the court.

After being exposed on the record by Judge Lamberth, the government suddenly decided to settle with the plaintiff, with a non-disclosure and no admission of wrongdoing agreement of course, and then moved the court to vacate its rulings against them. The DOJ literally wants to erase the record of their fraud.

But not everybody is quite so excited about the thought of the DOJ wiping the record of their time worn proclivity to dishonesty in state secrets assertions. It important for there to be such a record, with written opinions of the court behind it, because the government is still out there seeking to shirk accountability for illegality and Constitutional malfeasance in critically important cases such as al-Haramain and Jeppesen.

In this regard, the attorney for al-Haramain, Jon Eisenberg, has just taken the extraordinary step of seeking leave to file an amicus brief to Judge Lamberth in the Horn v. Huddle case objecting to the government’s attempt to vacate the court’s opinions. The amicus filing by Eisenberg is brief, but a thing of beauty. And he nails the government for continuing dishonesty with the court by pointing out Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

Harry Reid’s Price Of Failed Leadership

Harry Reid is in trouble in his reelection effort in Nevada. From the Las Vegas Review-Journal’s report on a new poll by Mason Dixon:

Nevadans say they’re ready to replace longtime Democratic incumbent Sen. Harry Reid with an untested Republican.

Which Republican? Undecided.

But of their top two picks — former GOP party official Sue Lowden and real estate developer Danny Tarkanian — either one would unseat Reid if the election were held today, according to a poll commissioned by the Review-Journal.

Lowden and Tarkanian are in a statistical tie atop a list of nine primary candidates, according to the survey of Nevada registered voters.

In one general election scenario, 49 percent of respondents picked Lowden and 39 percent chose Reid. In another, 48 percent picked Tarkanian to 43 percent for Reid. That poll, which surveyed 500 voters Tuesday through Thursday, has a margin of error of plus or minus 4.5 percentage points.

In Clark County, where Reid needs to dominate to win another term, he is in a statistical tie with either Lowden or Tarkanian.

“That is the bad news,” UNLV political science professor David Damore said of Reid’s Clark County numbers. “That tells you there is a disaffected base there.”

For months the perception of Reid among voters has been fixed, with near 100 percent name recognition and a high number of voters viewing him unfavorably. In the latest poll, 38 percent of voters viewed Reid favorably compared to 50 percent with an unfavorable view.

Chris Cillizza, the David Broder wannabe and heir apparent, draws the knee jerk Villager conclusion that Reid’s troubles result from Nevada voters viewing him as too liberal and carrying too much water for Barack Obama.

But Cillizza typically ignores that Barack Obama won Nevada over McCain by a huge margin, 55% to 43% ten short months ago. And Cillizza ignores that Nevada is populated by a huge community of service employees in the Las Vegas and Reno metropolitan areas, and generally a poor to middle class populous in the remaining areas, all of whom are dying for healthcare reform and relief. It is not that Democratic votes are not there for Reid; it is that Nevadans are fed up with his inability to get the things done that they want, and healthcare with a strong public option that will actually help them, is undoubtedly the leader in their clubhouse of reasoning.

The depth of Reid’s problem should not be underestimated. Nor should the challenge of Republican businessman Danny Tarkanian. Tarkanian grew up in Las Vegas, was a top student and Rhodes Scholar candidate, and was point guard on the first of the famous UNLV Runnin Rebel basketball teams that held forth for the better part of two decades at or near the top of the NCAA standings. Oh, by the way, those famous UNLV teams were coached by Danny’s father Jerry “Tark the Shark” Tarkanian, probably the most beloved name in Nevada sports history. Tarkanian’s mother was a Las Vegas City Councilwoman and active philanthropist. The guy has some serious juice from his name and background and will get major support from the GOP assuming he continues to climb in relation to GOP official Sue Lowden, which he is expected to do.

The conclusion here is that Reid has serious problems and they are of his own making. Unless Reid gets with the program, exercises some party discipline from his Majority Leader position and starts working earnestly for the causes, first and foremost the strong public option, of Democratic voters, he will not get any support from the activist base. As Jane Hamsher says: Read more

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.

The Wind Takes The Lion: RIP Senator Edward M. Kennedy

images1.thumbnail.jpegIt was only a few days ago we learned Teddy Kennedy was thinking about his succession for his long held Senate seat from Massachusetts. The day has come too soon.

Senator Edward M. Kennedy has passed. "Teddy" was the senior Senator from Massachusetts and has so served in office since November 1962. Kennedy was in his eighth full (and ninth overall) term in the Senate and was the second most senior member of the Senate and the third-longest-serving senator of all time.

Senator Kennedy was born on February 22, 1932 and passed on August 25, 2009 at age 77 at his family home at Hyannis Port Masachusetts.

From Reuters:

One of the most influential and longest-serving senators in U.S. history — a liberal standard-bearer who was also known as a consummate congressional dealmaker — Kennedy had been battling brain cancer, which was diagnosed in May 2008.

Known as "Teddy," he was the brother of President John Kennedy, assassinated in 1963, Senator Robert Kennedy, fatally shot while campaigning for the 1968 Democratic presidential nomination, and Joe Kennedy, a pilot killed in World War Two.

UPDATE: Boston Globe: Statement from the Kennedy Family

"Edward M. Kennedy — the husband, father, grandfather, brother and uncle we loved so deeply — died late Tuesday night at home in Hyannis Port.

"We’ve lost the irreplaceable center of our family and joyous light in our lives, but the inspiration of his faith, optimism, and perseverance will live on in our hearts forever.

"We thank everyone who gave him care and support over this last year, and everyone who stood with him for so many years in his tireless march for progress toward justice, fairness and opportunity for all.

"He loved this country and devoted his life to serving it.

"He always believed that our best days were still ahead, but it’s hard to imagine any of them without him."

UPDATE #2: Here is the full New York Times obituary, and it is very thorough.

Marcy Wheeler is an independent journalist writing about national security and civil liberties. She writes as emptywheel at her eponymous blog, publishes at outlets including Vice, Motherboard, the Nation, the Atlantic, Al Jazeera, and appears frequently on television and radio. She is the author of Anatomy of Deceit, a primer on the CIA leak investigation, and liveblogged the Scooter Libby trial.

Marcy has a PhD from the University of Michigan, where she researched the “feuilleton,” a short conversational newspaper form that has proven important in times of heightened censorship. Before and after her time in academics, Marcy provided documentation consulting for corporations in the auto, tech, and energy industries. She lives with her spouse in Grand Rapids, MI.