May 5, 2024 / by 

 

Imagine

Twenty eight years ago tonight, in the middle of a Monday Night Football game between the Miami Dolphins and New England Patriots, Howard Cosell rocked my world in a most profoundly tragic way.

Imagine there’s no heaven
It’s easy if you try
No hell below us
Above us only sky
Imagine all the people
Living for today…

Imagine there’s no countries
It isn’t hard to do
Nothing to kill or die for
And no religion too
Imagine all the people
Living life in peace…

You may say I’m a dreamer
But I’m not the only one
I hope someday you’ll join us
And the world will be as one

Imagine no possessions
I wonder if you can
No need for greed or hunger
A brotherhood of man
Imagine all the people
Sharing all the world…

You may say I’m a dreamer
But I’m not the only one
I hope someday you’ll join us
And the world will live as one


Trash Talk II – Waiting For The Sunday Games

Well, I was going to add this to the main trash talk thread, but you folks gossipped up the joint right nice, so I decided to post it as a Part Deux. This version will be for the NFL Sunday games and some F1 news of significance.

National Favre League: It is another week of mostly unexciting matchups, even though many teams have effectively must win games. The game of the day is pretty easily the ‘Boys at the Stillers. Romo v. Rothlisberger; TO versus Hines Ward. Dallas has regained their swagger since Tony Romeo returned; Pittsburgh has just been gutting it out with tough fundamental football every week. Both teams have issues at running back Marion Barber is very questionable for Dallas and Fast Willie Parker is probable for limited duty for the Steelers. I have been trying to figure out who is going to win this game, and I have no idea. You all will have to tell me what is happening, as, thanks to the pissant worthless Arizona Cardinals, the game will not be shown in Arizona. I guess they are afraid people would watch other teams than them if given the choice; they are right.

The Falcons at Saints looks like a fun tilt too. Drew Brees has been literally ripping it up this year passing. Seriously, Brees is on a pace to break Dan Marino’s single season passing yardage record. But the Saints have been uneven, to say the least, and, at 6-6 need a win to keep their playoff hopes alive. The Dirty Birds are a shocking 8-4 and rookie QB Matt Ryan is playing like a seasoned pro. Since the game is in Nawlins, the Saints should win at home. Except the Dirty Birds have Michael "The Burner" Turner, and that and a conservative Matt Ryan will keep the ball out of Brees’ hands and garner a win.

The Sunday Night game of Redskins at Ravens looks interesting too. Both teams have excellent defenses, but I give the nod to Ray Lewis and the Ravens here. Not to mention the Ravens have Ed Reed, who has rather quietly had a career that is of Hall of Fame quality; the man is just flat out tough nuts, and he always plays. Coach John Harbaugh has rookie QB Joe Flacco on a short and conservative leash, but i have just never warmed up to Jason Campbell, especially in big games. Clinton Portis is hurt, but is a stud and is going to play. I’ll take the Ravens at home.

In other games, there will be enough Good Eli for the Gents at home to take out the Eagles. The Colts will continue the March of the Mannings and continue the lost season for the Bengals. The Packers will rope the Texans in Green Bay, although it should be close. I will predict right now that next year the Houston Texans finally break out nad make the playoffs; they are getting better. The cute pick of all the prognosticators has been that this is the week that Deetroit finally wins their first game, at home versus the Vikes. I don’t think so, "Yo Adrian" Peterson is going to run silly on the Motown Kitties. As Kanye West would say, "Richard Shelby hates Detroit. So do the football gods. Bears bag the Jags and the Titans take the Brownies. The Pats will stew the Seahawks, Broncos trample the Chiefs and Ricky Williams, Ronnie Brown and teh Fish will grind down the Bills. Those aforementioned worthless Cardinals will beat up on the Rams in the Big Toaster in Phoenix. And, in the penultimate game in the rundown, the MNF game of Bucs at Panthers could be pretty interesting. Both teams have veteran QBs that can win tough late season games; both have good defenses. The running game for Carolina has been superb lately, but Cadillac Williams is back for Tampa Bay. No clue here; it is a pick em.

Hey now, you didn’t think I would leave out Brett and the Jets did you? Of course not. The Bretts are visiting the Niners up in Frisco. The 49ers have been playing better and with a lot more emotion under Mike Singleterry, and should play tough; but the Jets need this win to keep a game ahead of the Pats and solidly in the playoff picture. J E T S Jets, Jets, Jets.

Formula One: Yep, like I promised, there is some fairly earth shattering news from the F1 Circus. Honda is withdrawing and will not challenge in the upcoming 2009 season. Next time you here Richard Shelby or some other union busting neanderthal idiot bloviate about how great the Japanese manufacturers are doing, just remember that Honda was forced to pull out of literally the biggest automotive showcase in the world because of financial concerns. From the Financial Times:

Honda announced on Friday that it would withdraw from Formula One, a startling pullout that has its origins in the dismal state of the auto industry and that is likely to have huge repercussions on the high-profile global racing circuit.

A glum Takeo Fukui, the chief executive officer of Honda, made the announcement at a news conference in Tokyo.

He called the company’s withdrawal from the series "a difficult decision" caused by the worldwide economic gloom and "the quickly deteriorating operating environment facing the global auto industry."

"I offer my sincere apologies," he said, "to everyone involved."

Honda has struggled badly this year, battered by weaker sales and a stronger yen. November sales, for example, were off 32 percent from a year earlier.

"Honda must protect its core business activities and secure the long term," Fukui said. "A recovery is expected to take some time."

For those of you that don’t know F1, or are just casual fans, this is just jaw dropping. There have already been questions about the status of Toyota’s fledgling F1 program, but the factory works has indicated that it is staying in. But, as to Honda, wow. Just wow. As recently as a year ago, the head of Honda Motorsports was saying the company would spend whatever it would take to win the F1 crown and they were thought to be chasing a top driver, perhaps Fernando Alonso from Renault or young Bruno Senna, an up and coming star and Aryton’s nephew, for future campaigns. All gone now. Sad.

The remnants of Team Honda, but in need of new engine support, may well be bought up, the current rumor is that there is heavy interest out of Dubai, and make a run yet in 2009. But with the season starting on March 29 in Australia, it is going to be extremely hard to get get an engine package (presumably from Ferrari) and test it out sufficiently to be competitive early in the season, if at all. But in order to fill the grid, I sure hope someone runs what is left of the works for 2009.

The bad news for motorsport does not end with Honda either. Team Audi has announced that it is withdrawing from European endurance racing including the 24 Hours of Le Mans. Audi is withdrawing from the American Le Mans series as well. Audi has long been dominant, a gold standard, in closed wheel endurance racing. This, while not of quite the level of Honda leaving F1, is still mind numbing.

The Republicans, with bellicose jackals like Richard Shelby, have plied their precious unregulated free market financial innovation trickle down happy horseshit to the catastrophic demise of not just this country, but the entire world. Thanks for the memories you soulless pukes.


Trash Talk – Recession/Depression Era Edition

The economic crisis is starting to really intertwine with the sports world in many ways. For instance, CC Sabathia, a stud workhorse and the best pitcher on the MLB free agent market, can only find two teams, the Yanks and Sawz of course, to even talk to him about the contract he wants. The Padres, not long after opening their edifice Petco Field, appear in worse straits than the automakers (attention Mrs. Randiego, you picked a bad time to throw your lot in with the local sports homeboy). The global financial meltdown/crisis is so bad it is even causing grief and thinning of the ranks in the biggest sporting league in the world, Formula One. And, worst of all, talk about yer depression, today we have to deal with those damn dirt thieves, Freepatriot’s Boomer Sooners. Yep, the Sooners and Tigers are goin to Kansas City baby! They got some crazy little women there I’m gonna get me one!

That’s the low down and dirty, let’s get down to the nitty gritty.

NCAA: First up is the SEC Championship from the Georgia Dome in Atlanta. Alabama versus Florida. I wonder if Jim White will be watching this one? Barely in the national polls when the season started, Alabama now sits atop them undefeated and untied. Florida, well everybody knows about the chompin Gators and Tim Tebow. Florida’s offense is the irresistible force to Nick Saban and the Tide’s immovable object defense. But, you know, Florida can play some dee-fence this year too, and there is no way the boys from the Tide pool down there in Richard Shelbyland can score with the Gators. The swamp creatures are gonna roll the Tide flat.

Next up, we have some Tigers versus some dirt farmers in the Big 12 Championship from Arrowhead Stadium in Kansas City. This is a rematch of last year’s game where teh Okies rained on Mizzou’s parade big time. From ESPN.com:

By entering this week No. 2 in the BCS rankings, Oklahoma (11-1, 7-1) beat out Texas and Texas Tech for a spot in Saturday’s game and a chance to win a third consecutive Big 12 title game. All three schools finished tied for first in the South Division and the Sooners advanced on the conference’s fifth tiebreaker — BCS rankings.

Oklahoma moved past Texas in those standings, even though it lost to the Longhorns earlier this season, by putting up 60-plus points against ranked teams in the past two weeks. The Sooners demolished then-No. 2 Texas Tech 65-21 and defeated then-No. 11 Oklahoma State 61-41 last Saturday.

Let’s stop right there a second. Really, is there anything more pernicious in sports that the fucking BCS? If so, I am hard pressed to figure out what it is. It is hard to tell what Obama really has the juice to accomplish in this mixed up, messed up world, but if he can get rid of the BCS and get a limited playoff for major college football, he will be a success. Okay, back to regular programming.

Sam Bradford has torn ligaments in his non-throwing hand against Oklahoma State and will play against Missouri with a soft cast. This might make him more fumble prone and may affect the way he sets the ball for throws. Chase Daniel and Jeremy Macklin are a powerful duo, but are coming off of a very stale performance. If Bradford coughs up a couple of fumbles, and Daniel and Macklin bust out of the doldrums, this could be a close game offensively. Big "if" though, and the Sooner defense is way stouter than Mizzou’s. Oklahoma walks away with a win here.

UPDATE 1: As Gunner reminded me there is also the Duel in the Desert tonight. It may not be as well known as several famous rivalries, but it really takes a back seat to none as far as hatred, rivalry and passion. Arizona and Arizona State. They play for the Territorial Cup, and it is literally the oldest such rivalry game in college football, dating all the way back to 1899. The Devils have had an off year, but they have ben coming on strong as of late, and the Cats have been schizophrenic again under Mike Stoops (Bob’s not particularly bright little brother). The Devils are going to win this one even though the game is in Former Fed’s home turf of Tucson.

There is also the USC- UCLA game. Like ASU-UofA and USC-Notre Dame, the game has just lost a lot of it’s luster in recent years. I think Rick Neuheisel is the right guy for the Bruins and will get them back to prominence soon. But this year, USC is going to hammer em.

YET TO COME: I want to go ahead and get this up so we have a place to banter, I will add in the NFL material and an auto tie in a little later.

Trash it up guys and gals!


James Jones versus Hillary in the Middle East

I pointed out the other day that those worried about Obama’s foreign policy plans ought to be more focused on his National Security Advisor, reported to be retired Marine General James Jones, than Hillary at State.

And there are reasons to be concerned about Jones. For example, Jones currently leads a US Chamber of Commerce initiative to forge an energy consensus that espouses some questionable views (though I am thrilled about an NSA who has been focusing on energy in recent years).

Eli Lake offers a different view, focusing on Jones’ possible tension with Hillary as it relates to Middle East peace. Lake argues that Jones will be much more accommodating of (moderate) Palestinian views in any negotiations than Hillary.

Last November, Condoleezza Rice appointed [Jones] as her special envoy for Middle East security, with a particular emphasis on working with the Israel Defense Forces (IDF) and Palestinian security services. Last August, he drafted a report on security in the Palestinian territories that is said to have been highly critical of Israel’s policies in the territories and its attitude toward the Palestinian Authority’s security services. The White House and State Department opted not to publish the report.

In August, Israel’s leading newspaper, Ha’aretz, reported that the draft report challenged Israel’s conception of its security interests in the West Bank as being overly broad, and that the IDF in particular was too dismissive of the Palestinian security services. 

[snip]

In his interview with Inside the Pentagon, Jones said that the Palestinians should be granted increasing degrees of local sovereignty over the West Bank until an independent state is born–with an emphasis on giving the Palestinians experience with governance. On Sunday, Ha’aretz reported that Jones favors dispatching a NATO force to keep the peace in the interim. That’s a plan that the Israeli government would likely fiercely resist on the grounds that the Jewish state’s defense doctrine has always spurned the presence of foreign troops on its territory and that it could be a reprise of the disasters of the U.N. mission to Lebanon.

Now, consider his potential nemesis, Hillary Clinton. It is true that there is some doubt about where she ultimately lands on the Israel-Palestine question–confusion that followed her famous hug with Suha Arafat. But since becoming senator, she’s been a persistent critic of Palestinian media and schooling, an issue that has traditionally been swept under the rug by the State Department and a central argument the Israeli right has used to warn against the delusions of the Oslo process. Clinton has described the teaching of anti-Israel views in Palestinian textbooks as "child abuse," and held hearings on the topic in an effort to get the Bush administration to do more on the issue.

By focusing on the underlying tenets of Palestinian culture, Senator Clinton has in a way made common cause with the Bush administration hawks. While General Jones wants to take steps now to empower Abbas and his Fatah party to take over a Palestinian state, Clinton is asking if even the Palestinian moderates are ready to govern.

Now, it appears Hillary has negotiated direct access to Obama. And it doesn’t sound like Jones intends to act as a gatekeeper to mediate Hillary’s views.

Mrs. Clinton … has told friends that she does not expect the national security adviser to stand between her and the president.

[snip]

Because of his physical proximity — the national security adviser works in the West Wing of the White House and consults with the president several times a day — General Jones will automatically serve as a counter to the State Department. But a State Department that is at war with the White House is the last thing that General Jones wants, his friends and associates say.

“He’s not the sort of person who is going to be chasing down whether Hillary went through him or not,” said one of General Jones’s friends, who spoke on condition of anonymity. “He doesn’t have that kind of an ego.”

General Jones, friends say, gets along well with Mrs. Clinton and has even hired some of her former staff members to work for him on the energy task force.

Now, frankly, I’m more optimistic than Lake about Hillary’s aspirations in Israel (and to be fair, he suggests she might just be doing what Senators from NY do–go hawkish on Israeli issues), though he certainly follows these issues more closely than I.

That said, his notion that the push for soft power might derive from the NSA, rather than State, suggests a fascinating dynamic.


SCOTUS A Go Go

images5.thumbnail.jpegTime waits for no one, and it won’t wait for President-Elect Barack Obama. Poor man doesn’t even have his cabinet fleshed out and people are already musing over who his Supreme Court nominees might be. You think maybe some of the robed ones might be saying "But I’m not dead yet!"?

No matter; speculate we must. It’s our duty. Salon gives the set up:

Barack Obama might have as much power to shape a new court as Reagan. Like Reagan, Obama could appoint as many as three justices before Inauguration Day 2013. John Paul Stevens, 88, and Ruth Bader Ginsburg, 75, are of retirement age, and Ginsburg is a colon cancer survivor. David Souter, 69, has reportedly expressed an interest in returning to his home in New Hampshire. (Kennedy, who has twice had minor heart procedures, is 72, as is Scalia.)

So will an Obama presidency usher in a new liberal era on the court? The short answer: probably not (and not just because the president-elect’s apparent choice for attorney general, Eric Holder, is one more sign that he does not fear the taint of Clintonism). Since the justices most likely to retire are from the court’s liberal wing, Obama will have less of an opportunity to tilt the court’s ideological orientation. Currently, the court has a rough balance of power, with four conservative justices, four liberal and a swing vote in Justice Kennedy.

"The real question is: Is Obama going to appoint significantly more liberal judges than President Clinton did? Or appoint justices that are center-left like Ginsburg and Breyer?" said Thomas Goldstein, head of the Supreme Court practice for the law firm Akin Gump Strauss Hauer & Feld.

Obama has not tipped his hand in this regard, but the Senate’s second-most-powerful Republican, John Kyl of Arizona, promised earlier this month to filibuster any Supreme Court nominee that Republicans deem too liberal.

This is a what have you done for me lately world. And Barack Obama not only hasn’t done anything lately for the progressive segment of the citizenry, he has not done anything period.

Salon goes on to delineate a "Top Ten" list of potential Obama Supreme Court picks. A rather uninspiring list in many regards. Let us do our own rundown of potential, and desired, picks for the vacancies that Obama will face.

First though, it should be noted that Democrats, especially progressives, do not have the organized minor league feeder programs, and promotional schemes, like the right wing Federalist Society, nor does the left engage in the relentless seeding and intentional grooming of future justices like the right does. This is not inherently a bad thing, in fact, the institutional indoctrination, dogmatizing, and car salesman like glossy packaging the right injects into the process is quite demeaning and reprehensible to the dignity of the process. Demeaning and reprehensible is not a bug to the right, however, it is a feature.

So, off to the salt mines we go, let’s get to work:

Cass Sunstein: I’ll be honest, since long before he even won the nomination, I have suspected that Barack Obama would appoint his friend, colleague and advisor, Cass Sunstein to the Supreme Court bench. I still feel that he will do just that. It is a singularly horrid choice; he is a dyed in the wool Chicago School drooling idiot. Remember Obama’s FISA cave and lie? This is one of the men behind it and that went out cravenly apologizing and rationalizing it. If Sunstein doesn’t have any more respect for the Constitution than that, he has no place on the final arbitration panel interpreting it. Sunstein is a Constitutional opportunist; he will bend and shape it to fit his own little and petty business centric view of the world. Nuff said; the man is patently unfit. Sunstein is the most likely Obama nominee; he may also be the worst. Oh mamas and papas, no Cass please.

Erwin Chemerinsky: For my money, Erwin Chemerinsky would be an ideal, if not the ideal pick. He is everything that the weasel Sunstein is not. Chemerinsky is principled, consistent, a Constitutional scholar of the highest order, understands that it is critical to proved access and justice for the afflicted and downtrodden as much as for the rich and powerful (something wholly lacking with too many on the Court today), and he is a staunch advocate for the individual liberty, privacy and civil rights that we understand are paramount, including the much neglected as of late Fourth Amendment. One of my friends here at the Lake says of Chemerinsky "we’ll never get him because he’s too outspoken". But yet another says "Too outspoken? And Scalia is a shrinking violet?" The right wingnuts would literally howl, but Erwin Chemerinsky would be s simply breathtaking and outstanding selection. Obama should send hi up to the Hill and then use his muscle to get him though; we need men like Chemerinsky on the Court to counteract the right wingnuts Bush has burrowed into the bench for decades to come.

Senator Russ Feingold: There is not much discussion needed for Russ Feingold, the readers of FDL know him, and his strengths, well. A Feingold on the Court would also provide the unique benefit of interjecting some working knowledge of Congress and the legislative process. There has become a distressing paradigm where the Court punts issues with the hope that Congress will take care of it and vice versa. A healthy dose of insight into the real sausage making of legislation would be a good thing for the SCOTUS collective. Feingold also brings that good old mid-west sensibility and ability to see through issues and problems and see the people affected, which would be an extraordinarily good thing for the bench.

Valerie Jarrett: Since one of the early vacancies is likely to be Ruth Bader Ginsberg’s chair. That means to maintain a female presence on the Court, which likely must and should be done, Obama will have to appoint another woman. Two prominent women that Salon discussed are Elena Kagan and Maria Sotomayor, both currently sitting Federal judges. Quite frankly, both look far too centrist, and actually center right in some aspects, for my taste. I think Obama’s longtime friend and advisor Valerie Jarrett might be a possibility. She is brilliant, a proven calm consensus building type of personality that would be very effective on the Court, and has an incredibly diverse background. She is also related to Vernon Jordan; never discount that factor. As both a woman and a minority, Jarrett could cover two important niches. I would like to know much more about her legal philosophies (although remember blank slates sometimes are better these days to the eye of the idiots in the press and the Senate), but I find her a very intriguing possibility.
Jennifer Granholm and/or Janet Napolitano: Jennifer Granholm is a distinct possibility for an Obama appointment, but not on the first round of two openings that, between Stevens, Ginsberg, Kennedy and Breyer collectively, are bound to come quite quickly, likely perhaps even in the first year. She is governor of Michigan and that state’s former attorney general; however, has no bench experience and, as a Catholic, people would feel free to hit her hard on choice and she might be squishy on things like late term abortion. She’s got to do time at the Circuit, first, which is good, bc our circuit could use some Dems. I would suspect an appointment in the next year to the circuit, putting John Cherry in the Gov’s mansion in time to run as an incumbent in 2010.

Far more likely, would be Janet Napolitano. She has the governorship and attorney general resume entries that Granholm does, but a heck of a lot more experience along the way. Napolitano is well versed and experienced with constitutional law and civil rights, having been mentored as the hand picked protege of one of the country’s great Constitutional scholars and authorities, John P. Frank, one of the two legal fathers of the Miranda decision. And, by the time the nomination might be contemplated, Napolitano would also likely have some experience as DHS Secretary (which may or may not be problematic; time will tell). Janet would be a simply outstanding choice.

Other possibilities mentioned are Harold Hongju Koh, Deval Patrick, Diane Wood, Ruben Castillo, Merrick Garland and Amelia Kearse.

Who do you suggest? Discuss and argue Passionately!


Forty Five Years

Where were you forty five years ago today? If you were old enough to remember at all, then you undoubtedly remember where you were on Friday November 22, 1963 at 12:30 pm central standard time.

I was at a desk, two from the rear, in the left most row, in Mrs. Hollingshead’s first grade class. Each kid had their own desk, and they were big, made out of solid wood and heavy. They had to be heavy, of course, because they were going to protect us when we ducked and covered from a Soviet nuclear strike. There were, as there were in most elementary school classrooms of the day, a large clock and a big speaker on the wall up above the teacher’s desk.

I can’t remember what subject we were working on, but the principal’s voice suddenly came over the loudspeaker. This alone meant there was something important up, because that only usually occurred for morning announcements at the start of the school day and for special occasions. The voice of Mr. Flake, the principal, was somber, halting and different; perhaps detached is the word. There was a prelude to the effect that this was a serious moment and that the teachers should make sure that all students were at their desks and that all, both young and old, were to pay attention.

There had occurred a tragic and shocking event that we all needed to know about. Out attention was required.

Then the hammer fell and our world literally caved in.

President John Fitzgerald Kennedy had been assassinated. Shot and killed in Dallas Texas. Then without a moment’s pause, we were told that the nation was safe, Vice-President Johnson was in charge, the government was functioning and that we need not have any concerns about our own safety. We were not at war.

Twenty four some odd little hearts stopped, plus one from Mrs. Hollingshead. You could literally feel the life being sucked out of the room like air lost to a vacuum. Many of us began looking out the window, because no matter what Mr. Flake said, if our President was dead, we were at war and the warheads were coming. They had to be in the sky. They were going to be there.

Unlike the hokey color coded terror alerts, ginned up fear mongering of Bush, Ashcroft and Tom Ridge, things were dead nuts serious at the height of the cold war. If President Kennedy had been killed, we were at war; the missiles were on their way. Had to be. Looking back, the school officials and teachers had to have been as devastated and afraid as we were, yet they were remarkable. They kept themselves in one piece, held us together, talked and comforted us into calm.

We had not been back in class from lunch break for long; it was still early afternoon in the west. Before the announcement was made, the decision by the school officials had been made to send us home. The busses would be lined up and ready to go in twenty minutes. Until then there would be a brief quiet period and then the teachers would talk to us and further calm the situation. Then off we would go to try to forge a path with our families, who would need us as much as we needed them.

Except for me and a handful of other kids. My mother was an educator and was not at home, so I and a few other similarly situated kids were kept at school until we could be picked up. Somehow it wasn’t right to be inside, so we all, along with another teacher, Mrs. Thomas, went outside and sat underneath a large palm tree in front of the school. We talked about how it could be that our President, our hero, our king, was dead. Maybe he wasn’t really dead, maybe it was all a mistake. Maybe Soviet troops were on their way; possibly tanks. This kind of excited me and the other boys; we perked up at this thought, tanks were cool. The Russians probably had awesome tanks. Each minute that passed made us feel a little better because there were no missiles in the sky. That was a good sign.

In about half an hour, maybe an hour, I don’t know any more, my mother drove up and off we went. My mother was also reassuring. It was good to be with her; mom saying it would all be alright meant a lot. Once home, we ate and sat dumbstruck and transfixed in front of the Curtis Mathes console television the rest of the afternoon and night. We watched Walter Cronkite on CBS and Chet Huntley and David Brinkley on NBC. These men were giants of news and journalism; to say that they don’t make them like that anymore is a understatement of untold proportion. Things slowly, but surely, stabilized; but it took awhile. A long while.

Well, that was my day forty five years ago. What was your day? Take a moment and reflect back and share with those of us that know the traumatic event, and help those who are younger to understand what the day was like. The palpable sorrow. The sinking, abiding fear. The comfort of teachers, friends and family.

There may be another Kennedy like figure in our midst, Barack Obama. He stands to assume office in a similarly, albeit it from different factors, troubled time. The world roils and America’s existence hangs in the lurch; not from Soviet missiles, but our own selfishness, avarice and stupidity. To draw a parallel, I have included the inaugural speech given by JFK (due to time restrictions of YouTube, it is in two parts). Once again, it is time for the citizens of this country to ask not what your country can do for you, but rather what you can do for your country. Let us do one other thing folks, let’s make sure this inspirational, young, vibrant leader, that we need so desperately to bring the voice and inspiration to get this country moving again – as we did with JFK – let’s make sure he doesn’t suffer the same fate.


Trash Talk – Clash Of The Titans Edition

It’s trash talk time again. And this week we have a great slate of games, so let’s get down to the nitty-gritty. I know, I know, we’ve got to get this guy out of our hair, but once again the world seems to revolve around randiego. You’ve got a dynamic blog owner, and a loyal janitor, and still the world revolves around a surfer dude from San Diego. Go figure. Must be teh Rio Grande Mud that Mr. and Mrs. Randiego are stuck in with their Texas Tech jones.

NCAA: The mondo game of the week is the Texas Tech Red Rayduhs of Lady Randiego versus the Oklahoma Sooners. This game is not just huge to our favorite surfers, this is, indeed, the biggest game of the week for the nation. Let’s take a look at the breakdown for the game courtesy of Fox Sports:

The biggest game in the nation, the Red Raiders are playing to reach the Big 12 championship game and possibly the national championship game, while an Oklahoma victory can throw the Big 12 South division into a tiebreaker scenario that would involve Texas Tech, Texas and Oklahoma. The Sooners have never been more explosive on offense than they are right now, gaining 674, 528, 508 and 653 yards, respectively, against Kansas, Kansas State, Nebraska and Texas A&M. The biggest difference has been a running game that’s taken off behind a line that’s once again living up to its preseason expectations. Chris Brown and DeMarco Murray have combined for 1,623 yards from the tailback position. At Texas Tech, everything seems to be fine-tuned in coach Mike Leach’s "Air Raid" offense. QB Graham Harrell is quickly approaching the 5,000-yard mark, WR Mike Crabtree is playing better than his Biletnikoff Award-winning season a year ago and the running game has never been stronger under Leach. Tech is averaging 132.6 yards per game (No. 73 in the nation). First won to 50 wins? Perhaps.

FAST FACTS: Red Raiders — The offensive line has yielded 15 sacks in a whopping 622 pass attempts. … The Raiders are one of five teams in the league with at least 20 sacks. … The offense is 48 of 58 on trips to the red zone. Of the 48 scores, 43 are touchdowns. Sooners — Lead the nation in scoring, averaging 51.4 points per game. … LB Travis Lewis ranks 10th nationally in tackles, registering 10.5 per game. … OU is 9-9 under Bob Stoops when playing higher ranked teams at home.

Sam Bradford is a very fine quarterback, and Bob Stoops always has a tough defense. But I think Graham Harrell, Michael Crabtree and teh Rayduhs de Rojo will rule the day in Norman. Sorry Freep, the Sooners are later.

This is kind of scary, but most of the rest of the good matchups are in the Big 10. Not sure what kind of alternate reality that puts us in, but there you have it. And of those, let’s face it, the biggest is still Michigan at the Ohio State University. Big Blue goes to the Big Horseshoe. Gonna have to vote with my heart instead of my head and root for the Wolvereenies. It has been a tough year on EW’s local gridiron scene. The Lions; well, good grief, they couldn’t be worse if Charlie Brown was their kicker and Lucy Van Pelt their holder. Then Big Blue has a far worse rebuilding year under Rich Rodriquez than anybody envisioned. So EW needs some pigskin cheer up there. Go Big Blue!

The other Big 10 tilt that is prime would be Michigan State at the Penn State JoePas. Should be a good game, hope it is not Paterno’s last game in Happy Valley. Also keep your eye on BYU at Utah; it is actually a very important game. BYU is tough, but if Utah gets by them, and Boise State wins out too, it is going to seriously screw with the BCS fatheads. Here’s hoping.

NFL: The game of the week is the J E T S Jets, Jets, Jets at masaccio’s Titans. Now this is an interesting clash. It is a Clash of the Titans, because, you see, the original name of the Jets in the old AFL was the Titans. So, there you go. Here’s the rundown:

Not so long ago, Brett Favre and Kerry Collins weren’t even expected to be starting this season. Now two of the NFL’s oldest and most experienced quarterbacks will square off in the most highly anticipated game of Week 12.

Collins has thrown for 519 yards with five touchdowns and one interception in road wins over Chicago and Jacksonville. He hadn’t thrown for 200 yards in any of his previous eight games, during which he totaled three TD passes and three interceptions.

Favre’s been able to rely more on the rushing attack, which has averaged 163.8 yards and scored eight touchdowns over the last five games. Thomas Jones tops the AFC with 854 rushing yards and will be seeking his third straight 100-yard game after running for 104 in a 34-31 overtime win over New England last week.

Favre will be challenged by a Titans defense which has given up the fewest points in the league, is tied for second with 15 interceptions and ranks third in the AFC with 28 sacks – 10 in the last three weeks. Star defensive tackleAlbert Haynesworth has seven sacks and keys a defense which has allowed one 100-yard rusher all season.

You know where I’m going. That is exactly right, I am picking the Titans all the way baby.

The second big game of the week, and it is almost surreal to say this, involves the Arizona Cardinals. Crikey, this must be an alternate reality. The Gents are coming to town to hook up with the Cards in teh Big Toaster. The Giants at 9-1 and the Cards at 7-3 are arguably the two best teams in the NFC and this should be a whale of a game. Kurt Warner is literally have another MVP caliber season, and it is no joke that Larry Fitzgerald and Anquan Boldin are the best receiving pair in the league. If you haven’t seen much of these two, take a gander, they are something special. Then there is Bad Eli. Manning that is. Don’t know if y’all are aware of this or not, but EW ain’t really a fan of the Manning brothers. Any of them. Must have something to do with the Pats, I dunno. It’s not like they have beaten the Pats out of the championship, first one brother, then the other or anything. Oh, wait…. Cards are really tough at home and are starting to really look good. I’m taking them in an upset. Jeebus I know I’ll regret betting on the damn Cards. Oh well.

Next, we have the Pats at the Fish. This is arguably as big a game as the first two. Both teams are 6-4, but the Dolphins are 2-1 in division play while the Patriots are 2-2. In their first meeting of the season, the Dolphins blew out the Patriots at Foxboro by 25 points; this game looks to be much different. If the Dolphins can manage to pull out a win, they will really have the inside track for a playoff berth and the Patriots will be hurting. The Pats won’t be fooled by the Dolphins wildcat formation this time and will win easily.

Okay that brings up the last game on this week’s review list. That would be the Colts visiting the Chargers. Now it’s a good thing that I was able to pick the Patriots over the Dolphins, because much to Marcy’s chagrin this game involves another one of those evil Manning brothers. And, boy is she going to hate this, it looks to me like the Colts are going to turn the Bolts home into Peyton’s Place. There just isn’t much to say here except that the old Norval Turner, that we all know and love, is back in all his glory; and that, combined with a couple of big injuries have left the San Diego SuperChargers in a world of hurt. But other teams manage to pull together past key injuries (read Cassell and the Pats still putting up a show without Brady, Harrison and Thomas), but the Bolts have tanked. That’s Norval folks. colts win this and keep their surge toward the playoffs on track (not Palin).

Epilogue: First off, the video today is from that L’il Old Band From Texas. It is a live version from 2003 of Just Got Paid Today from ZZ Top’s first second (h/t Bell) album, Rio Grande Mud. The bearded boys can still crank. This video, Francine, is what I had in mind when I set out today, but this is a family blog (Great video but very brief, maybe 6-8 seconds of semi-nudity) so I let discretion be the better part of rock and roll valor.

Secondly, a bittersweet farewell to a true all time great in sport. A woman who dominated her sport arguably like no other, the female Tiger Woods, has played her last match. Annika Sorenstam. Annika was maybe, for a four or five year period, the most dominant golfer on the planet; no less than Tiger Woods made that statement. Sorenstam is the only female golfer in history to have shot a sub-60 round in competition and finishes off with ten major titles and 72 LPGA victories for her career. She was the individual NCAA champion as a freshman at the University of Arizona. Her 90 international tournament wins as a professional make her the female golfer with the most in history. Best of all, she was one of the classiest people ever. Cheers Annika, best of luck and thanks for the memories.


Eyes On The Spies: What Obama Can Do About Illegal Surveillance

With all the commotion and hubbub surrounding the personalities and gossip of Obama’s cabinet formation, and expression of everyone’s opinion on how that should proceed, little has been said about the actual policies and actions (other than Iraq) that should be implemented right out of the gate. One area that has been neglected is that of the illegal wiretapping and surveillance policies and practices that were instituted in the country’s name by the Cheney/Bush regime.

Our friends at the Electronic Frontier Foundation (EFF) have some ideas for the incoming Obama Administration in this regard, and they are pretty good.

President Obama can end the immunity process. Consistent with his previous opposition to immunity — then-Senator Obama voted in favor of Senator Dodd’s amendment to strip the immunity provisions out of the FAA altogether — Obama could instruct his new Attorney General to withdraw the government’s motion to dismiss the lawsuits based on the immunity statute. Or,

President Obama can temporarily freeze the immunity process until he has learned all the details about the NSA program. Consistent with his support of Senator Bingaman’s proposed FAA amendment to delay implementation of the immunity provisions, Obama could instruct his new Attorney General to ask the court for a temporary stay of the immunity proceedings. That would give the Administration time to review the classified details of the NSA program as well as the FAA-mandated reports about the program that are expected by this July from the Inspectors General of the Department of Justice, the NSA, and other agencies involved in the program. After having reviewed all the facts, the new administration can then re-evaluate whether it wants to continue to press for immunity in court, or drop its motion to dismiss and let the cases against the telecoms continue. Or,

President Obama can choose not to appeal if the immunity statute is found unconstitutional. If, after the hearing on December 2nd, Chief Judge Vaughn Walker of the federal Northern District of California agrees with EFF that the immunity statute is unconstitutional and denies the government’s motion to dismiss, Obama could instruct his new Attorney General to not appeal that decision to the Ninth Circuit Court of Appeals.

All of these are things Obama could do — on his own and without any help from Congress — to stop the implementation of the immunity scheme that he repeatedly opposed during his presidential campaign.

These recommendations aren’t EFF’s alone: as part of the transition roadmap published yesterday by a broad coalition of groups including EFF, seventeen different civil liberties organizations signed onto national security surveillance recommendations that included the proposition that President Obama should "[d]irect the Attorney General to withdraw the government’s motion to dismiss pending privacy litigation brought against telecommunications carriers for assisting with unlawful warrantless surveillance, or seek a stay of those proceedings until such time as the Attorney General, based on review of the Inspectors’ General reports required by the FISA Amendments Act, determines that a grant of immunity is appropriate."

We at EFF — along with many of Obama’s supporterswere sorely disappointed when he failed to uphold his promise to filibuster any bill that contained immunity, and instead reversed course and ultimately voted for passage of the FAA. But, as Obama himself said when defending his support for the FAA:

This was not an easy call for me. I know that the FISA bill that passed the House is far from perfect. I wouldn’t have drafted the legislation like this, and it does not resolve all of the concerns that we have about President Bush’s abuse of executive power. It grants retroactive immunity to telecommunications companies that may have violated the law by cooperating with the Bush Administration’s program of warrantless wiretapping. This potentially weakens the deterrent effect of the law and removes an important tool for the American people to demand accountability for past abuses. That’s why I support striking Title II from the bill, and will work with Chris Dodd, Jeff Bingaman and others in an effort to remove this provision in the Senate.

As we all know, those efforts to amend the FAA by stripping immunity out of the bill or delaying its implementation failed, despite Obama’s support. But now, as President, Obama will have the power to make things right. By taking one of the above steps after he takes office on January 20th, Obama would prove that he meant what he said when he opposed telecom immunity, that he stands behind the votes he made against immunity, and that his claims of a coming "change" when it comes to reversing the Bush Administration’s excesses are more than empty rhetoric.

If Obama truly supports change — if he truly supports a more open and accountable federal government, where Americans have the tools to demand accountability for past abuses — then he should end the Bush Administration’s attempt to cover-up lawbreaking by the NSA and its telecom collaborators, and ensure that the judicial branch is finally allowed to rule on the legality of NSA program.

Some decent points. I would like to add a couple. The Obama DOJ could flat out withdraw allegations of "state secrets" in any instance that has been pled and is not absolutely necessary to national security. By what I can tell, that is going to be most of the cases. In a corollary, the Obama DOJ could declassify and otherwise release information and documentation that the Bush Administration wrongfully classified to brazenly obstruct justice and prevent plaintiff’s abilities to establish standing and the prima facie burden for their suits.

In short, the Obama could reset the table so that the scales of lady justice are able to find their own natural balance, as they were designed and intended to do.

However, for all of those that think this will be an easy call for Obama and his DOJ, it will not. There will be a lot of pushback from intelligence and DOJ personnel that were involved in the Bush/Cheney programs, there will some instances where there really are operational details that must be protected and, quite significantly, there is the issue of liability for damages. Yes, money is a big time consideration. The potential for damage liability could extend into the billions. It is a factor, and there is a very fair chance that the government is on the hook for most all of it, not the telcos. In the financial straits this country is in, do not discount that as a factor.

In short, there are many things that Barack Obama can do to right the wrongs of the Bush/Cheney administration on illegal surveillance and, specifically, on the imposition of retroactive immunity by the Bushies and a complicit (near criminally) Democratic Congressional Leadership. But will he do it? Time will tell.

It is time to lead, President-to-be Obama, and to do so for the right instead of from the right. Remind us what it is like to have an American Government that does the right thing instead of the politically expedient thing. Please.


Boumediene Wins Again!

BREAKING NEWS of the Gitmo variety. From Reuters:

Five of six Algerians must be released after nearly seven years of captivity at the U.S. military prison at Guantanamo Bay in Cuba, a federal judge ruled on Thursday.

U.S. District Judge Richard Leon ruled from the bench after holding the first hearings under a landmark Supreme Court ruling in June that gave Guantanamo prisoners the legal right to challenge their continued confinement.

U.S. President-elect Barack Obama has promised to close the prison camp after he takes office in January. Meanwhile, U.S. judges in Washington are moving ahead with case-by-case reviews of detainee legal challenges.

Now the best part of this story is that one of the five Leon ordered released is Lakhdar Boumediene. Boumediene has kicked George Bush and the criminal cabal that has assisted him in committing war crimes and illegal, immoral detentions so many times that you would think the Bushies are rented mules.

Sadly, however, the Bushies are jackasses, not rented mules, and they are still in office. What that would appear to portend is that that means Boumediene, and the other four Leon has ordered released, will likely stay detained pending appeals. The precedent was set not long ago on the Uighurs case.

January 20, 2009 cannot come soon enough for us and for those we have wronged.

UPDATE: Here is the press release issued by the Center for Constitutional Rights (CCR):

Following Judge Richard J. Leon’s decision today in U.S. District Court ordering the release of five of the six Boumediene habeas defendants, Center for Constitutional Rights Executive Director Vincent Warren released the following statement:

This decision illustrates once again that the arbitrary detention of prisoners at Guantanamo Bay has been and continues to be unlawful.

Even in a courtroom that was largely closed to the public and the press, and with the detainees allowed only limited access to the proceedings by telephone, the court could find no reason to hold these men. This decision makes it clear once again that even with presumptions in its favor, the government cannot muster the barest evidence in support of its arbitrary detentions. For seven years, the Bush administration sought to avoid the courts because it had no evidence and sought instead to create a lawless prison.

We must note that justice here, however, comes seven years too late. The restoration of habeas corpus is a great achievement, and what is necessary now is for the government to give up this fatally flawed system, rescind the ‘enemy combatant’ labels slapped on recklessly by combatant status review tribunals and return the men at Guantanamo to their home countries or, for those needing resettlement or asylum, to a safe third country.

We hope a new administration makes restoring the lives of hundreds of men at Guantanamo who have never been charged with any crime or tried in a court of law a top priority. Guantanamo Bay is a failure by every measure and must be closed immediately.


Napolitano To DHS; Skeletor To Be Buried

images.thumbnail.jpegAs most of you know, I firmly supported Janet Napolitano for Attorney General in the new Obama administration. It looks as if Eric Holder will be the Attorney General instead, but CNN has just announced that Napolitano will be the choice for Department of Homeland Security. Here is the Reuters headline:

U.S. President-elect Barack Obama’s top choice to lead the U.S. Department of Homeland Security is Arizona Gov. Janet Napolitano, CNN reported on Wednesday, citing multiple sources.

The Democratic governor, a supporter and campaigner for Obama’s presidential campaign, had been reported to be on a short list of people to fill cabinet posts in the new administration.

Assuming she makes vetting and is confirmed, Janet will make a fantastic Secretary of DHS. Some of the skills and abilities I pointed out as qualifications for AG will serve her very well as Homeland Security.

Napolitano is well versed and experienced with constitutional law and civil rights, having been mentored as the hand picked protege of one of the country’s great Constitutional scholars and authorities, John P. Frank, one of the two legal fathers of the Miranda decision. She has sizable long term experience not only as the Arizona Attorney General (a huge office), but also as chief executive of an entire state government as Arizona Governor. Of critical significance, she was the US Attorney for the District of Arizona for six years under President Clinton, prior to her terms in state office as Arizona’s AG and Governor.

The job ahead is going to, in addition to the legal skills, require someone with Federal experience and the established ability to manage a giant bureaucracy. Janet Napolitano has a very rare combination of background and experience to fit that bill. The attention to bureaucratic detail, not just in Washington DC, but in all of the 93 US Attorney district offices is going to have to be immense. Wholesale institutional change needs to be implemented, and malefactors rooted out.

Janet Napolitano has this ability in droves over any other candidate discussed for AG. She is spectacularly good at bureaucratic detail and getting big entities working as an efficient team. Janet has an incredibly feel good aura around her, and it is contagious to those working with and for her. She is a master team builder, both in terms of efficiency and competence as well as morale and attitude. Janet has already exhibited her turnaround skills in her transformation of the Arizona Executive branch, which was in shambles when she took over.

Additionally, as governor of a critical border state, and head of the National Governor’s Association, Napolitano will have the credibility and experience with state governors that is necessary for many of the operations and coalitions that form the backbone of the DHS operation.

The best news of all is that there will finally be an honest and competent person in the critical post that Michael Chertoff has been defiling the last few years. It will will be good to bury the tenure of Skeletor and put that era behind us once and for all.

Janet is a first rate choice. She will make us, America and the Obama Administration proud.

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Originally Posted @ https://www.emptywheel.net/emptywheel/page/148/