The Stay Issue in the Perry Prop 8 Case

As pretty much every sentient being knows by now, Judge Vaughn Walker issued a groundbreaking decision finding California’s Proposition 8 ban on marriage equality to be fundamentally unconstitutional under both equal protection and due process considerations. The defendant-intervenors in the case, who are the dogmatic people supporting Proposition 8 and fighting against marriage equality, did not even wait for Walker’s verdict to be publicly issued before lodging their Motion For Stay Pending Appeal.

The same Wednesday afternoon as he publicly released his opinion, Judge Walker set an accelerated schedule for consideration of DI’s Motion For Stay.

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Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to submit their responses to the motion to stay on or before August 6, 2010, at which time the motion will stand submitted without a hearing unless otherwise ordered.

Well, that is today and the briefs are hitting the docket.

California Attorney General Jerry Brown’s Opposition To Stay

Governor Schwarzenegger’s Administration’s Opposition To Stay

Plaintiff Perry and City of San Francisco’s Joint Opposition To Stay

I will update with any further filings on the stay issue, as they come in. Suffice it to say though, the three linked above paint quite a picture. Of course the Plaintiffs oppose the stay; that is to be expected. But the Attorney General of California, representing the law department of the state, and the Governor and Administration of the state are something different altogether. You see, the State of California is the real defendant in interest in the case; the DIs are effectively interlopers that got involved because they thought Brown and Schwarzenegger might not, shall we say, put much effort in defending the egregious and discriminatory Proposition 8 (which is undoubtedly quite correct). Nevertheless, the state is actual putative primary defendant in this case, and the state has now officially accepted, conformed and ratified Walker’s verdict. A marginally significant thing you might say.

From AG Brown’s Opposition To Stay: Read more

BREAKING NEWS: Court Overturns Prop 8; Joy For Marriage Equality

Yesterday’s anticipation has turned into today’s joy. Judge Vaughn Walker of the United States District Court for the Northern District of California (NDCA) has issued his verdict and, as predicted, he has found in favor of Plaintiffs Kristin Perry, Sandra Steir et. al. The court, in a historic opinion and verdict, has declared California’s Proposition 8 to be unconstitutional:

Plaintiffs have demonstrated by overwhelming evidence that Proposition 8 violates their due process and equal protection rights and that they will continue to suffer these constitutional violations until state officials cease enforcement of Proposition 8. California is able to issue marriage licenses to same-sex couples, as it has already issued 18,000 marriage licenses to same-sex couples and has not suffered any demonstrated harm as a result, see FF 64-66; moreover, California officials have chosen not to defend Proposition 8 in these proceedings.

Because Proposition 8 is unconstitutional under both the Due Process and Equal Protection Clauses, the court orders entry of judgment permanently enjoining its enforcement; prohibiting the official defendants from applying or enforcing Proposition 8 and directing the official defendants that all persons under their control or supervision shall not apply or enforce Proposition 8. The clerk is DIRECTED to enter judgment without bond in favor of plaintiffs and plaintiff-intervenors and against defendants and defendant-intervenors pursuant to FRCP 58.

Here is the full official decision and verdict and it is framed under both equal protection and due process.

The opinion is, again as predicted, extremely well written, consummately detailed, brilliantly structured and contains a foundation of extremely well supported findings of fact and conclusions of law. In short, Vaughn Walker has crafted as fine a foundational opinion as could possibly be hoped for, and one that is designed with the intent to withstand appellate scrutiny not just in the 9th Circuit, but in the Supreme Court as well.

Obviously this is but a step in the process because there will be appeals, and the case will, without question, go to the Supreme Court. But, that said, you could not ask for a better platform and posture for a case on this issue to go to the Supremes on. It is all that and more.

Additionally, regarding the Defendant-Intervenors’ request for a stay, Judge Walker has ordered as follows:

Defendant-intervenors (“proponents”) have moved to stay the court’s judgment pending appeal. Doc #705. They noticed the motion for October 21, 2010 and moved to shorten time. Doc #706.

The motion to shorten time is GRANTED.

Plaintiffs, plaintiff-intervenor and defendants are DIRECTED to submit their responses to the motion to stay on or before August 6, 2010, at which time the motion will stand

submitted without a hearing unless otherwise ordered.

The clerk shall STAY entry of judgment herein until the motion to stay pending appeal, Doc #705, has been decided.

There will obviously be a lot of further analysis and detailed discussion and dissection of Judge Walker’s opinion to follow, both at this blog and elsewhere. I would like to make one point as to the much discussed prospects on appeal, as that is clearly a concern and fear of anybody interested in the ultimate issue of marriage equality and removal of pernicious discrimination from American society.

The common wisdom is that the prospects for upholding Judge Walker’s decision in the 9th Circuit are good. I agree. However, the common fear is that the ever more conservative and dogmatic Roberts Court will reverse and ingrain the discrimination, inequality and hatred of Proposition 8 and its supporters deep into American law and lore. I am much more optimistic this is not the case.

As the inestimable Linda Greenhouse noted recently, although the Roberts Court is increasingly dogmatically conservative, and Kagan will move it further in that direction, the overarching influence of Justice Anthony Kennedy is changing and, in some ways, declining. However, there is one irreducible characteristic of Justice Kennedy that still seems to hold true; she wrote of Kennedy:

…he embraces whichever side he is on with full rhetorical force. Much more than Justice O’Connor, whose position at the center of the court fell to him when she left, Justice Kennedy tends to think in broad categories. It has always seemed to me that he divides the world, at least the world of government action — which is what situates a case in a constitutional framework — between the fair and the not-fair.

The money quotes of the future consideration of the certain appeal and certiorari to come on Judge Walker’s decision today in Perry v. Schwarzenegger are:

Laws designed to bar gay men and lesbians from achieving their goals through the political process are not fair (he wrote the majority opinion striking down such a measure in a 1996 case, Romer v. Evans) because “central both to the idea of the rule of law and to our own Constitution’s guarantee of equal protection is the principle that government and each of its parts remain open on impartial terms to all who seek its assistance.”

……

In a book titled “Justice Kennedy’s Jurisprudence,” a political scientist, Frank J. Colucci, wrote last year that Justice Kennedy is animated by an “ideal of liberty“ that “independently considers whether government actions have the effect of preventing an individual from developing his or her distinctive personality or acting according to conscience, demean a person’s standing in the community, or violate essential elements of human dignity.” That is, I think, a more academically elegant way of saying fair versus not-fair.

So the challenge for anyone arguing to Justice Kennedy in the courtroom, or with him as a colleague in the conference room, would seem to be to persuade him to see your case on the fair (or not-fair, depending) side of the line.

I believe that Linda is spot on the money with her analysis of what drives Anthony Kennedy in his jurisprudence. And this is exactly what his longtime friend, and Supreme Court advocate extraordinaire, Ted Olson will play on and argue when the day arrives. It is exactly what Vaughn Walker has ingrained in to and framed his extraordinary decision today on.

Today is one of those rare seminal days where something important and something good has occurred. Fantastic. The beauty and joy of equality, due process and equal protection under the Constitution of the United States of America.

Expect a Win for Plaintiffs and Marriage Equality in Perry Prop8 Case

As I indicated earlier, and as nearly every media outlet and blog has now figured out and related, the decision from Judge Vaughn Walker in the Perry v. Schwarzenegger Prop8 gay marriage case is to be issued tomorrow sometime between 1 pm and 3 pm Pacific time. Here is what other media sources and blogs either do not know or won’t relate: the lead attorneys for the respective sides likely got courtesy copies from the court of Judge Walker’s draft opinion around 2 or 3 o’clock yesterday afternoon.

As a courtesy on really big opinions, so as to give counsel a chance to prepare appropriately for media response and/or immediate motions that need to be filed, courts occasionally give lead counsel on each side their draft opinion slightly ahead of public filing and release, but do so with a strict gag order so no one ever knows this happens This is something that Vaughn Walker has, from experience, a track record for doing, and I think it likely, actually almost certain, that he did just that here. Which makes the fact that the H8ter Defendant Intervenors (DIs), who propagated the hateful Proposition 8, and who oppose gay marriage, have already lodged a Motion For Stay Pending Appeal very, very telling.

PLEASE TAKE NOTICE that, should the Court enter judgment for Plaintiffs, on October 21, 2010, or as soon as the matter may be heard, before the Honorable Vaughn R. Walker, United States District Court, Northern District of California, 450 Golden Gate Avenue, San Francisco, California, Defendant-Intervenors Hollingsworth, Knight, Gutierrez, Jansson, and ProtectMarriage.com (“Proponents”) will move the Court for a stay pending appeal. In the alternative, Proponents request a limited seven-day stay of the Court’s judgment to permit them to seek a stay pending appeal from the Ninth Circuit and, if necessary, the Supreme Court.

DIs filed this Motion For Stay Pending Appeal at shortly after 6 pm Tuesday night according to the docket notice issued by the court. Exactly what they would do if they know they lost. As the Washington Post reported late Tuesday night:

Both sides previously said an appeal was certain if Walker did not rule in their favor. The case would go first to the 9th U.S. Circuit Court of Appeals then the Supreme Court if the high court justices agree to review it.

Anticipating such a scenario, lawyers for the coalition of religious and conservative groups that sponsored Proposition 8 in 2008 filed a legal brief Tuesday asking Walker to stay his decision if he overturns the ban so same-sex couples could not marry while an appeal was pending.

“Same-sex marriages would be licensed under a cloud of uncertainty, and should proponents succeed on appeal, any such marriages would be invalid,” they wrote.

Well, yes. Both sides have said all along they would appeal from a negative decision. But only one side is laying the groundwork for it, and that side is the Proposition 8 supporting gay marriage hating bigots. They have a courtesy copy of Walker’s decision and they don’t just think they lost, they know they lost.

And it is hilariously ironic that the gay hating Proposition 8 bigots base their Motion For Stay on the thought that failure to stay might harm the gays wanting to get married. How nice of them to be concerned. What a load of disingenuous dung.

The decision by Vaughn Walker to have a full fledged trial with a full evidentiary record was inspired and put the Perry case in a unique position compared to how such issues are usually handled on submitted pleadings and argument. This one had a real trial with a real record; that makes a ton of difference for the appeal.

Appellate courts cannot just substitute their views for that of the trial court when there is an evidentiary record, findings of fact and conclusions of law like this, where it is much easier to do so if it has been decided by preliminary injunctive relief, motions or on the pleadings. Walker can really put this in a unique posture with how he frames his findings of fact and conclusions of law; and I expect him to do just that. Walker is very detailed and very smart and crafty. He will lock in and protect his decision to every extent he can, and trust me Walker is very good at this. One of the best I have ever seen. Ted Olson, David Boies, Plaintiffs Perry et. al and fans of Constitutional equality everywhere could not ask for anything more.

So tomorrow looks to be not only a historic day, but a very good one for equality and civil rights under the Constitution. It is about time.

Limp Daily Caller Attacks Journolist (Again) and Spencer Ackerman

About a month ago, the semi-irrelevant “FishbowlDC” and Tucker Carlson’s self indulgent sandbox “Daily Caller” impressed themselves by scalping Dave Weigel from his position at the Washington Post. Fresh off the closest thing to a victory these folks may ever achieve, they have attempted to replicate their recently past glory by pulling the same cheap stunt with more purloined emails from the now defunct “Journolist”, with the biggest dagger in the back aimed at Spencer Ackerman, noted national security reporter now with Wired’s Danger Room Blog and his own site Attackerman right here at Firedoglake.

It was the moment of greatest peril for then-Sen. Barack Obama’s political career. In the heat of the presidential campaign, videos surfaced of Obama’s pastor, the Rev. Jeremiah Wright, angrily denouncing whites, the U.S. government and America itself. Obama had once bragged of his closeness to Wright. Now the black nationalist preacher’s rhetoric was threatening to torpedo Obama’s campaign.

……

Watching this all at home were members of Journolist, a listserv comprised of several hundred liberal journalists, as well as like-minded professors and activists. The tough questioning from the ABC anchors left many of them outraged. “George [Stephanopoulos],” fumed Richard Kim of the Nation, is “being a disgusting little rat snake.”

…..

In one instance, Spencer Ackerman of the Washington Independent urged his colleagues to deflect attention from Obama’s relationship with Wright by changing the subject. Pick one of Obama’s conservative critics, Ackerman wrote, “Fred Barnes, Karl Rove, who cares — and call them racists.”

Michael Tomasky, a writer for the Guardian, also tried to rally his fellow members of Journolist: “Listen folks–in my opinion, we all have to do what we can to kill ABC and this idiocy in whatever venues we have. This isn’t about defending Obama. This is about how the [mainstream media] kills any chance of discourse that actually serves the people.”

That’s it?? So this is the Daily Caller’s claim to fame? Raison d’etre? This is the best and brightest they have to offer? Apparently so, and they are proud of it since they are going to the same putrid well of long dead private emails again so eagerly. What a bunch of cowardly limp dicks.

Spencer Ackerman and his friends on Journolist saw a wrong being committed in a craven political dirty play and discussed a way to right the wrong. If Daily Caller thinks that is controversial and worthy of a featured expose, they must be awfully hard up over there.

The subject attack by the right on Jeremiah Wright during the 2008 election, just as Ackerman and his fellow journalists discussed, was indeed a malicious and dishonest Read more

Huge Brass Balls and A Burn In The Bay: BART Shooting Verdict

Sundown will be bouncing in off the water soon. There is probably a false lull except on the arterials leaving. But there is talk of a burn by the bay tonight. A city on flame from the ill will between the black and the blue. The verdict is, inexplicably, involuntary manslaughter in the Oakland Bay Area Rapid Transit subway execution of young Oscar Grant by cop:

A jury found former BART police Officer Johannes Mehserle guilty today of involuntary manslaughter in connection with the New Year’s Day 2009 shooting of an unarmed train rider, finding that he had acted with criminal negligence when he fired a single shot into Oscar Grant’s back at the Fruitvale Station in Oakland.

Within minutes of the verdict being read, the city was preparing for the the slow burn to lead to explosion:

3:30 p.m. City asks residents/merchants to prepare for possible violence

Police are advising residents to park cars in garages or a secure location if possible. Many streets in downtown are being closed off.

Residents and merchants should remove or secure large trash cans that are on the street. To report crimes in process, call 911 or 510-777-3211 from a cell phone.

There is reason for concern. The facts are incendiary. Kevin Drum hit it pitch perfect:

Of course, this understates the case a wee bit. Mehserle, along with several other BART cops, had Grant pinned face first on the ground when he very deliberately pulled out his gun and shot Grant in the back. Mehserle’s defense is that he meant to pull out his taser but mistakenly pulled out his gun instead. This is, needless to say, pretty hard to accept, and there’s little question that there’s a jury anywhere in the country that would have bought this story from anyone who wasn’t a police officer. You can judge for yourself in the cell phone video taken by a witness (the clearest view starts around the 1:45 mark).

I hardly even know what to say about this. I wasn’t in court and I wasn’t on the jury, so I didn’t hear all the evidence. But for chrissake. Look at the video. Mehserle didn’t look confused and modern tasers don’t feel much like service revolvers. And it’s not as if he was acting under extreme duress. At most there was a brief and perfunctory struggle, after which Mehserle calmly raised himself up while Grant was pinned to the ground, drew his revolver, and shot him.

It really is pretty much exactly that. Oakland knew. They knew from the first second. Now their justice has been taken by a jury with no blacks. Down south in Hollywood. Taken as blatantly as Oscar Grant’s life.

On a corollary, you have got to admire the balls on Mehserle’s attorney, Michael Rains, who talked his client into trying to pull back the manslaughter lesser included charges from consideration by the jury and send them to deliberate up or down on second degree murder.

Legal experts called the ruling a victory for the prosecution. The defense had sought to rule out the manslaughter counts, but Judge Robert Perry said jurors – who are scheduled to hear closing arguments today – had enough evidence to consider them in connection with the shooting of unarmed train rider Oscar Grant.

“The defense wanted all or nothing, betting that the jury would not find him guilty of murder,” said Laurie Levenson, a former federal prosecutor who teaches at Loyola Law School in Los Angeles. “This gives the jury a compromise position.”

Yeah, that is the play, but it is a tad more bare knuckles hairy than that sterile explanation. See, a client doesn’t make that decision without some, um, input from his lead defense lawyer.

That’s a big time play. Because if you misread the jury (and whoo boy is that easy to do; juries are fucking loopy), and if they don’t like your guy or you case as well as you thought, you just walked your client head first into a top count conviction for second degree. Probably a lot less tense when your client is a cop. Being tried in LA for shooting a black kid in Oakland. But still…

Guess the prosecution didn’t think the jury would return on second either, because they fought tooth and nail to keep the lesser includeds in the jury verdict set. And that is what the court did, so Mike Rains did not have to stand in the well of the court next to his client and wait. Wait for the jury to come in. Wait to see if your move to put your client’s ass on the big line for the top count, all or nothing, was genius or wanton malpractice. Wait for the jury to get seated. They don’t look at you as they file by on their way to the jury box when returning with the verdict. They know and you don’t. And they will not risk giving it away by making eye contact. A procession of twelve druids. It is eery silent.

Then you wait as the judge and clerk go through the formalities for the reading of the verdict. It takes forever. It is absolute hell. But today was a good day for Michael Rains and his client Mehserle. But a bad day for the City of Oakland. Now the night comes.

Cowboys, T. Jeff’s Declaration, Bond Bitchez and Teh Porn Stash

Hi there buckaroos and buckarettes. Sometimes a man has gots to do what a man has gots to do. Now is one of those times. Marcy up and penned this most awesome cutting, biting, truth to power wonderful post. And then she went and buggered the pooch with a sandpapered, plain vanilla, non confrontational milquetoast title.

Bleeeccchhh.

Responsible blog wingman and all that I am, I immediately pointed out the title should be “The Declaration of Independence, Obama’s Presidential Kill Cards and the Porn Stash”. Same old story; same old song and dance. Nobody ever listens to good old bmaz. Instead we went with the Wolf Blitzer/Jonas Brothers/Disney Lite title of “Keep Your Declaration of Independence Right Next to Your Assassination Cards”.

Yawn.

Come on, you just know that Michael Leiter, the designated human kill switch of the Obama Administration, keeps those two critical reference materials – the Declaration of Independence and the US Government’s deck of snuff cards – in the safest, most discreet and yet accessible, location to his bedroom. You know, right where he keeps his porn stash.

Now what is really odd about this report, and does not register at first blush, is that Leiter has mentally honed in and lasered his focus on the Declaration of Independence rather than the Constitution. Seriously; think about it. It is an incredibly telling difference.

Here is the opening text of the aggressive and intentionally somewhat in your face Declaration of Independence, the forward cry and belligerent marking of territory by a new nation staking its claim in the world:

When, in the course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the laws of nature and of nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

Then ponder the respectful, moral and enlightened reach of the Preamble to the Constitution, the hallowed document that Leiter and Obama ought to be paying attention to when deciding to remotely snuff human lives (including, by all reports, those of American citizens) without the protection of due process and by the cold mechanical death by drone:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquility, provide for the common defence, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.

The Declaration is an affirmative statement of manifest authority; the Constitution is a self imposed restriction of manifest authority and protection of due process in the face of it. So, there are a lot of issues with this whole gig surrounding Leiter and his nighttime is the right time to kill thing. And people were worried about Hillary getting a 3 am call; seems all so quaint now.

Oh, and by the way, T. Jeff it has now been concluded made a mistake in drafting the Declaration of Independence, and had it even more authoritarian than anybody ever knew:

Preservation scientists at the Library of Congress have discovered that Thomas Jefferson, even in the act of declaring independence from England, had trouble breaking free from monarchial rule.

In an early draft of the Declaration of Independence, Jefferson wrote the word “subjects,” when he referred to the American public. He then erased that word and replaced it with “citizens,” a term he used frequently throughout the final draft.

The Library released news of the struck word for the first time on Friday.

Jeebus, even dead presidents and founders are going rogue.

The other quite random thought I cannot pry from my beady little mind is the slathering coverage of the super hot, most awesomest, Redhead Rooskie Spy Babe, Anna Chapman. At first I could not figure out the singular fascination of the press with this chick who is being billed as the new “Bond Babe”.

Then it dawned on me. Chapman is hot, red, sultry and enticing. And she looks eerily like a young and come hither Maureen Dowd. Come on, you just know Howie Kurtz and his penis er the media is thinking that.

Well, that is yer friendly Friday Night Emptywheel Trash Talk. New and improved with no sports! Eh, it will be Favre season soon enough, so do not despair. Tonight’s musical interlude is a little slice of the old west I know and love. Actually, I like both kinds of music, country and western. The incomparable Phil Lynott and Thin Lizzy with The Cowboy Song. Oh, and the Boys Are Back.

Happy trails pardners!

Keep Your Declaration of Independence Right Next to Your Assassination Cards

Call me crazy, but this is probably not exactly the kind of treatment Thomas Jefferson was thinking the Declaration of Independence would receive 234 years after he wrote it.

Many nights an item prompts a call to wake the NCTC director, Michael Leiter, 41, the junior member of the nighthawks. He displays a copy of the Declaration of Independence, next to a deck of baseball-style cards of high-value terrorist targets: “I keep the ones who are dead on top. It’s a little macabre, but that’s the world we live in.” When the NCTC calls in the middle of the night, he is often half-awake.

Among those cards, after all, is probably the one that signifies that the President has approved, with no due process, an order to assassinate US citizen Anwar al-Awlaki. That’s the kind of thing that Jefferson objected to when he called the following “Despotism”:

He has affected to render the Military independent of and superior to the Civil power.

[snip]

For Quartering large bodies of armed troops among us:

For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:

[snip]

For depriving us in many cases, of the benefits of Trial by Jury:

[snip]

For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:

While I’m making wildarsed Fourth of July guesses, let me also suggest that this kind of security porn–a 24-style terror play in 9 acts–is probably not exactly what Thomas Jefferson imagined as the role of the free press when he so furiously defended it.

DARPA Seeking CompLit Experts

Oh boy, I’ve got a lot to say about this:

After nine years of conflict, the U.S. military is still having trouble finding common ground with warzone locals. One way to fill that breach, Darpa figures, is through “interactive stories.”

Counterinsurgency, in many ways, is a series of negotiations — over economic development, over security, over political power. And “negotiation,” Darpa explains in a new request for information, “is best served by a culturally-specific narrative that explains why we hold a position, how it relates to other parties, and how it affects all parties both positively and negatively.”

[snip]

To come up with its storytelling tools, Darpa’s Information Processing Technologies Office is hoping to go beyond its usual cadre of neuroscientists, artificial intelligence specialists, and gadgeteers.  The agency also wants contributions from “art, literature, film, dance, games development, advertising and public relations, advertising, grass roots organizing, collective decision making or any other discipline for which the respondent can make an argument that the approach bears on this task.”

Click through for the bit about Wizard of Oz.

First, a story. As I was finishing my PhD–having done research on what amounted to interactive narratives–I was hanging around MI’s School of Information some. I saw a presentation from some IBM dude who worked at their Yorktown Heights research center. He was describing how IBM’s consulting wing had started working with their clients to use narrative to better manage corporate culture. It quickly became clear to me that they hadn’t ever considered one of the basic problems of the literary sphere–irony (or, more generally, language that was not transparent, that meant something different than its plain language meaning). This IBM dude was describing, for example, how significant they thought it was that one story-collection they had done had mentioned one of their clients’ VPs a large number of times. I asked, “were they being sincere? because some of those comments sound like they were being ironic?” Because IBM was assuming language was transparent (as it often is when you’re talking to computers), they had misread that what they thought was instilling strong corporate culture but was instead a corporate-funded way to trash their own VP.

I went to ask IBM dude about this after he finished. As it turned out, he had worked with my father when he worked at Yorktown Heights; my dad was a big hero to this IBM dude (I believe he meant his compliments sincerely). And IBM dude was thrilled when I told him I was a Watson scholar; IBM had paid a big chunk of my college tuition and employed me every summer in college (I also learned to swim at the IBM pool, that’s how thoroughly I was immersed in IBM culture). So for shits and giggles, I asked whether IBM would be able to hire someone like me–someone with expertise in the subtleties of human narrative. And he sort of soured and said, “oh, no, we’re really only able to hire social scientists.”

Lucky for me, I had gotten my fill of working at IBM every summer in college.

I took two things away from this exchange.

First, the exchange reinforced my strongly held belief that our society devalues the humanities to its significant cost. Read more

The Well Oiled Man Hayward Goes Yachting As Gulf of Mexico Dies

Now that I have effectively turned this blog into Gawker, I might as well take one more crack at the well heeled aristocracy. Today’s jet setting celebrity is none other than BP Big Man Dr. Anthony Bryan Hayward, CCMI. Better known to us “small people” here in the States as Tony Hayward, CEO of the corporate criminal BP, one of big oil’s supermajors.

And what has Anthony Bryan Hayward, CCMI been up to lately you ask? Well like all the finest jet set playahs in summertime, he has been yachting:

Embattled BP Chief Executive Tony Hayward took a break from manning the massive Gulf Coast oil spill Saturday to attend a posh yacht race in England.

“It’s a well-known event in the British calendar. He’s entitled to private time with his family,” said BP spokesman Robert Wine.

Hayward — who infamously quipped that he’d like the devastating spill stopped so he could “get (his) life back” — was watching his boat “Bob” in the J.P. Morgan Asset Management Round the Island Race Saturday off the Isle of Wight.

Guess Big Man Tony got his life back. Unfortunately, Aaron Dale Burkeen and the other men on Deepwater Horizon will never get their lives back. Eleven of them no longer even have a life to get back, having perished in the burning and exploding hell of Hayward’s Macondo inferno.

Meanwhile, back at the Gulf shore of the United States, things are going swimmingly. Well, swimming in oil anyway. The Gulf oil spill is a hole in the world; as Naomi Klein says in a brooding but fantastic article in today’s Guardian:

The Deepwater Horizon disaster is not just an industrial accident – it is a violent wound inflicted on the Earth itself.

Indeed. Oh, and the gross quantities of methane and crude oil gushing forth at ever increasing flow volume from the mouth of hell Macondo well could create “dead zones” where oxygen is so depleted that nothing lives. And there is enough oil in the vast Macondo reservoir to keep spewing oil at the current rate for two to four years, maybe longer. So we Yanks have that going for us as Big Shot Tony goes yacht clubbing with his sleek racing sloop, the “Bob”, in the posh and prestigious J.P. Morgan Asset Management Round the Isle of Wight Race.

The Sartorial Splendor of NYTimes Professionals (MoDo) at Work

As you may recall, Jim Risen of the New York Times recently caught a little flack for producing a rather un-Risen like article in the Times on the “suddenly discovered” Afghanistan mineral mother lode. When a few astute souls, led by several in the main media, mused that it seemed an odd story coming from Risen’s pen, Risen went a tad apoplectic.

I respect Risen; seems to be a decent chap so, like Marcy, I kind of internally cut him some slack and blew it off even though the story was curious and the mineral deposits were long known. Cest la vie. Until Risen decided to lash out with an unnecessary, undeserved and mean spirited frontal assault on bloggers:

In an interview with Yahoo! News, Risen dismissed suspicions that the story was part of an orchestrated campaign to rescue the troubled American effort there and derided critical bloggers as pajama-clad layabouts with no reporting chops.

Aw Jim, why did ya go and do that? Because now I have to point out what kind of sophisticated high fashion threads the high and mighty stars of the New York Times, Risen’s home, wear when covering the biggest and most important stories of our age. In the august and serious halls of United States District Court.

You see, Marcy and I had the privilege of covering closing arguments in United States Federal Court in San Francisco on the groundbreaking Perry v. Schwarzenegger case. As luck would have it, so too one of the tenured star of stars from the New York Times was present with us covering the critical closing arguments. None other than the high doyenne herself, Maureen Dowd! Exciting!

But while I, a lowly blogger, was clad in a Brooks Brothers suit, Canali tie and well polished Cole Haans, the star representative from the venerable Gray Lady New York Times, home of uptight sartorial snobs like Jim Risen, came dressed quite in a different and interesting fashion. Take a look and judge for yourself whether the haughty boys and girls at the New York Times ought to be blowing dung out their posteriors at other reporters over fashion sense and choice. Go ahead clotheshorses of the Gray Lady, make my day.

The traditional prize awarded for outstanding commentary, the cherished Emptywheel hubcap, will be bestowed to the most creative caption for this precious photo. Let the contest begin!

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