In addition to attempting to put Obama’s senate seat on e-bay, Governor Blagojovich has also allegedly been trying to leverage assistance for the sale of the Chicago Cubs for better coverage in the Chicago Tribune.

Sam Zell was trying to stave off putting the Tribune Company in bankruptcy by selling Wrigley Field. Zell wanted the help of the Illinois Finance Authority; Blago attempted to trade that help for more favorable coverage in the Trib.

Fitz’s team apparently picked up this attempt in the taps they placed to track Blago’s other schemes, including the selling of the senate seat. The chronology started on November 3, when Blago was discussing whether or not the Trib will be the one leading the call for impeachment. While listening to a discussion about that, Blago’s wife Patricia suggested that Blago “hold up that fucking Cubs shit. . . fuck them," later saying that Zell could just fire the Trib editorial board. Blago followed up by putting a stack of negative Trib articles together, and suggested that John Harris (the Chief of Staff who was also arrested today) take those articles to Zell and say, “We’ve got some decisions to make now … get rid of those people …. maybe we can’t do this now. Fire those fuckers.”

Two days later, Blago instructed Harris to inform Zell and his team that “everything is lined up, but before we go to the next level we need to have a discussion about what you guys are going to do about that newspaper” (the argument being that to get the IFA help, Blago would have to go around the legislature, precisely the same kind of thing the Trib was calling for impeachment over. Blago spoke specifically in terms of the value of IFA support for the Tribune Company: $100 million. 

On November 11, according to John Harris’s version picked up by the wiretaps, the Tribune Company talked about, “certain corporate reorganizations and budget cuts coming … before the end of the month." Harris took that to mean the Trib would go after anti-Blago editors during the reorganization: "reading between the lines, he’s going after that section." On November 21, Blago and Harris specifically talked about Trib Deputy Editorial Page Editor John McCormick "getting bounced." Blago reiterated to Harris that he wanted to make sure Tribune company understood that,“we are not in a position where we can afford to [have IFA taking on Wrigley Field] if . . . the Tribune is pushing impeachment.” Harris affirmed that the "Tribune Financial Advisor" "got the message" that help on Wrigley Park was contingent on editorial changes at the Trib.

On November 30 and December 3, Blago took steps to push through the IFA deal and provide science and technology funds to the Cubs. It became clear on November 4 and 5 that their scheme had not worked (at least not thus far). One the 4th, the Trib announced layoffs, but did not include McCormick among those laid off. Then, on the 5th (Friday), the Trib reported that Blago had been taped:

Federal investigators recently made covert tape recordings of Gov. Rod Blagojevich in the most dramatic step yet in their corruption investigation of him and his administration, the Tribune has learned.

As part of this undercover effort, one of the governor’s closest confidants and former aides cooperated with investigators, and that assistance helped lead to recordings of the governor and others, sources said. 

The cooperation of John Wyma, 42, one of the state’s most influential lobbyists, is the most stunning evidence yet that Blagojevich’s once-tight inner circle appears to be collapsing under the pressure of myriad pay-to-play inquiries.

Then, yesterday (that is, one business day after the Trib broke the news of the wiretaps), the Tribune Company declared bankruptcy.

The mini-timeline looks like this:

November 3-5: Blago’s crafting the quid pro quo for the Trib

November 21: Harris reports that the Trib "gets it"

November 30, December 3: Blago makes moves to deliver favors to the Trib on Wrigley Field

December 4: Trib does not lay off Blago’s targeted editor

December 5: Trib reveals that Blago was tapped

December 8: Trib Corporation declares bankruptcy

Here’s what I find interesting about this. 

One of the reporters at Fitz’s press conference asked whether the Trib’s story on Friday was related to the decision to Blago’s arrest today–that is, whether the story made the wiretap ineffective. Fitz responded that the Trib had held that story for some time before breaking it.

Journalist: Did the Tribune report interrupt the call?

Fitz: Trib called us to confirm story, we asked the Trib to hold on that story, "I have to take my hat off that the Tribune withheld that story for a substantial time." Later that story did run, and we were recording after that story. Days before Blago was intercepted telling his fundraiser to talk as if the whole world is listening. After the story ran, we got a different conversation that was "undo what you just did." We ought to credit the Chicago Trib. They didn’t agree to all our request. I respect what they did.

And in a statement, the Trib said much the same thing: they had held back on some–but not all–of the story.

The Chicago Tribune investigated allegations of misconduct involving Illinois Gov. Rod Blagojevich independent of the U.S. attorney’s criminal probe.

As a standard practice, our reporters contact individuals involved in these stories for confirmation and comment prior to publication. Consequently, we contacted the U.S. attorney’s office in the course of our reporting.

On occasion, prosecutors asked us to delay publication of stories, asserting that disclosure would jeopardize the criminal investigation. In isolated instances, we granted the requests, but other requests were refused.

The Chicago Tribune’s interest in reporting the news flows from its larger obligation of citizenship in a democracy. In each case, we strive to make the right decision as reporters and as citizens. That’s what we did in this case.

The Trib has been hot on the story of John Wyma’s cooperation since October 22, apparently having learned from sources of a subpoena related to him served earlier in October.

Wyma, Blagojevich’s chief of staff when he was in Congress, has long been one of the few advisers trusted by Blagojevich and kept in the loop on matters of policy and politics. As the federal probe intensified, Wyma met privately with the governor and his former chief of staff at the governor’s campaign headquarters on the North Side for 90 minutes on Oct. 22.

Confronted outside that meeting, Wyma declined to talk to Tribune reporters about what the meeting was about before jumping into his car. The next day, the Tribune was the first to report that Wyma’s name appeared in a federal subpoena delivered to Provena Health, a former client of his.

The FBI first installed the wiretap on Blago’s campaign headquarters that very same day–that is, the day of the meeting between Wyma and Blago at campaign headquarters.

On October 21, 2008, Chief Judge James F. Holderman signed an order authorizing the interception of oral communications for a 30-day period in two rooms at the Friends of Blagojevich office: the personal office of ROD BLAGOJEVICH and the conference room. On the morning of October 22, 2008, the FBI began intercepting oral communications in those rooms.

Now, it appears that what the Trib was reporting from–and potentially what Fitz asked them to hold off on–was sources’ descriptions of the subpoena to Wyma. 

Pushing further into Gov. Rod Blagojevich’s inner circle, federal investigators have subpoenaed records involving a lobbyist friend who represented a hospital company that won a favorable state ruling.

The company’s for-profit affiliate donated $25,000 to Blagojevich’s campaign a month after the state’s action.

John Wyma, a top fundraiser and former Blagojevich aide, was named in a federal subpoena delivered two weeks ago to Provena Health, according to sources. It sought records about Provena’s lobbying relationship with Wyma, the donation and the company’s efforts to win approval for a new heart program.

[snip]

On Wednesday, Wyma met for about 90 minutes with the governor and another fundraiser and state lobbyist, Lon Monk, at Blagojevich’s political offices on the North Side. When asked after the meeting about the subpoena, Wyma said, "I have no comment."

Monk, who was Blagojevich’s chief of staff during his first term, also declined to comment.

[snip]

Lagger acknowledged that Provena Health, based in Mokena, received the hand-delivered subpoena. She declined to discuss specifically what it sought, saying only that it asked about a single contribution to the governor and matters related to the state hospital planning board.

There’s no reason to believe that the Trib’s reporters knew that the FBI had just started tapping the Friends of Blago headquarters on the same day–October 22–when they staked it out waiting to ask Wyma about his meeting with Blago. But both Fitz’s answer and the Trib’s suggests they knew "a substantial time" before they published it last Friday. Presumably, "a substantial time" precedes the announcement of layoffs last week.

The question is, did Zell learn of it from his reporters?

Frankly, from Zell’s statement yesterday, Zell may have been proceeding with bankruptcy assuming the Wrigley Field deal was still going through. The Cubbies were apparently not included in the bankruptcy filing.

We just announced that Tribune is restructuring its debt under Chapter 11 protection. I’m sure you saw the speculative coverage last night and this morning. I would have preferred everyone get the news from me first, but since our debt is publicly traded, we had to keep this decision confidential until we had a formal board decision. The Cubs franchise is not part of the filing.

At the same time, as Fitz repeatedly implored today, there’s no reason to believe that either Zell or his financial advisor intended to play along with Blago’s demands, even back on November 21 when Harris believed that the financial advisor "got it." We’ve only seen Harris’ side of the conversations. And hell, maybe Zell was the guy who had a long conversation with Fitz’s office today to explain his side of those conversations. 

But given the coincidence of timing: the lay-offs, the scoop on the wiretaps, the bankruptcy, it sure does raise questions about whether or not the business side of the Trib knew about what the editorial side was about to break?

Ah. Liveblogging Pat Fitz again. (Though it’ll be weird to liveblog watching his face, rather than the bald spot on the back of his head, which is what we got to see in the Libby trial.)

The press conference will start 7 minutes late. 

In the meantime, here’s my question for Fitz (not like he’ll answer it). Local Chicago press is reporting that Rahm Emanuel reported Blago after someone approached the Obama folks about who he wanted for the Senate seat. In other words, yes, Rahm may well be the good guy here, and Obama couldn’t be cleaner. Is that true?

Fitz up, introducing the guys involved. He’s not wearing his lucky blue tie.

Sad day for government. Blago taken us to a new low. Political corruption crime spree. Most appalling conduct is attempt to sell the Senate seat he had the sole right to appoint to replace Pres-Elect Obama. 

Back 8 weeks ago we had the following environment. A known investigation, recent trial.

Blago working feverishly working with contractors. $8 M project announced. Trying to get someone raise $100,000 in contributions. After being aware that pay-to-play scheme, decision made to use more extraordinary means. Bug placed in campaign office and home telephone. 

In addition to pay-to-play, we were surprised to learn of extortionist attempt against the Trib.  Blago and COS schemed to send a message to the Tribune company that the price of doing so was to fire certain editors. "Get them the bleep out of there, get us some editorial support."

Most appalling behavior that Blago tried to sell the seat vacated by Pres-elect Obama. Lincoln would roll over in his grave. "It’s a bleeping valuable thing. You just don’t give it away for nothing." Tapes reveal that Blago wanted a number of things: HHS, Ambassadorship, higher paying job for his wife, union job. He thought union might get benes from Pres-elect. 

Complaint makes no allegations about Pres-elect.

This lost when Pres-elect’s candidate took herself out of the running.

In another event, somebody else approached the governor. In government’s view, they were approached by intermediaries. Blago was worried that the contributions would actually be paid.  He wanted the money "up front." "Some of this stuff’s gotta start happening now, right now." "You gotta be careful how to express that, assume the whole world is listening." That’s the governor of Illinois. Finally, the governor talked about appointing himself to the Senate seat. He wanted to do it to avoid impeachment.

We need to do the investigation now that it is overt.  

[Basically going to try to figure out who was playing in the pay to play for the Senate. He’s not done–not at all.]

In all seriousness, we have times when people decry corruption. Wide ranging schemes. If the people felt uncomfortable they ought to come forward. We’re already quite heartened by the number of people who have come forward today. There’s a lot we don’t know and need to know. We ask that the press, in particular, recognize that we’re not casting aspersion on the other people mentioned on this. 

FBI guy: A new low for Illinois. I did not answer whether Illinois is the most corrupt state in the US. If it isn’t the most corrupt state in the US, it is certainly one hell of a competitor. The FBI agents were thoroughly disgusted by what they heard. 

Fitz: There were a lot of things imminent. There’s a bill waiting to be signed, based on whether a hospital’s CEO coughed up a campaign contribution. An editor waiting to get fired. When there were layoffs, conversations about whether that editor was fired. A governor, the only one looking for more layoffs. Add it to the fact that we have a Senate seat auctioned off to the highest bidder. Blago’s own words talked about selling this like a sport’s agent. We stepped in for a number of reasons. In the middle of a corruption crime spree, and stepped in to stop it.

Journalist: You said not to cast aspersions. Does that mean they’re beyond blame?

Fitz: We never give clean bills of health. What I’m trying to do is explain caution about what’s on the tapes. We’re going to do an investigation about what was said about other people on the tapes. There may be people who had no idea what was going on. Some things will be black and white, some things will be shades of gray. What they understand when they’re scheming. We’d like to see what schemes were carried out, who made contributions, we’d like people to take what we say with a grain of salt. If other people did wrong, we’ll deal with that. 

Journalist: Blago will walk out today, he will still have the power to appoint the Senate seat.

Fitz: We make no allegations about what the Pres-elect is aware of or not.

Journalist: You intervened bc of something that was going to happen. He still has the power to do it.

Fitz: If I were someone who wanted to pay to play, I think this would be about the worst time to engage in this kind of action. I was not going to wait until March or April and say, btw, all this bad stuff happened in December. We will expose criminal conduct to let people know we’re on to it. 

Journalist: Should the gov step aside?

Fitz: We’re not entitled to any view. What happens in the legislation is not for us. 

Fitz: If the charges are true, it’s an appalling thing. We need people in the public to stand up and say "enough." We’re not going to end corruption in Illinois by arrests and corruption alone. What’s going to make a difference is when people are approached to pay to play, they come forward.

Journalist: It’s conceivable that Trib was considering–or forced to consider–what Blago had in mind?

Fitz: Not making claim about Trib.  We’re not describing about mindset of Zell’s mind.

Journalist: What does this say about Durbin’s request for commutation for Ryan?

Fitz: To extent office has a view in Ryan pardon, we’ll express that privately. Power of pardon and commutation rests with president, don’t make a practice of commenting.

Fitz: we cite a statute, sole discretion of governor of Illinois. Constitution leaves it to states to replace Senators. Illinois puts it in sole hands of governor. 

Journalist: When pols get together and cut deals, where is the line between cutting a political deal and selling a US Senate seat?

Fitz: When you start having quid pro quo. If you tell someone, one conversation describes how gov wanted job at union, couldn’t just be given to him, bc union already has that job. When you want to work for half million dollars, we’re comfortable in the law that someone who schemes to do that is criminal. Doing it in way that is clearly criminal.

Fitz: No comment on whether we attempted to interview him.

Journalist; Describe arrest?

FBI Guy: 6AM morning, phone call to me and gov, advising we had warrant, 2 FBI agents outside the door, asked him to open the door to do without media, waking children. Handcuffed. I woke him up. First question was, "was this a joke." Children not awake, beginning to stir.

Journalist: Why decision to make the arrest.

FBI Guy: we learned a lot from this wiretap.  It wasn’t about tying this in a bow. Letting things be done to damage Ill. It was about what was good for the iJounvestigation. Goes beyond governor to people involved in this scheme. 

Journalist: Did the Tribune report interrupt the call?

Fitz: Trib called us to confirm story, we asked the Trib to hold on that story, "I have to take my hat off that the Tribune withheld that story for a substantial time." Later that story did run, and we were recording after that story. Days before Blago was intercepted telling his fundraiser to talk as if the whole world is listening. After the story ran, we got a different conversation that was "undo what you just did." We ought to credit the Chicago Trib. They didn’t agree to all our request. I respect what they did.

Journalist: You’re always careful to separate politics and law enforcement. Governor still has powers to appoint US Senator. Would people of IL be well-served for a quick session.

Fitz: Enough people here who can weigh in with their opinions.

Fitz: Investigation continues. 

Journalist: Is it safe to say Obama has not been briefed? Any calls to Obama or Emanuel?

Fitz: Never going to speak in voice of President or President-elect. No reference to any conversations involving Pres-elect or involving any awareness of it.

Fitz: No anticipation of contentiousness on bond. Judge Nolan should hear what our opinion is through telling directly, not your reporting. 

Fitz: Very disturbing that these pay to play allegations picked up steam after a conviction and ethics legislation.

Journalist: Candidate took herself out of consideration: Was that Schakowsky?

Fitz: Not going to confirm.

Journo: Did you have conversation with AG or someone close to him on wiretap?

Fitz: Wiretaps and bugs, procedure we follow is well-known. FBI boss in Chicago, my office, Washington to OEO. They are the people who review applications for wiretaps and bugs. They know how to say yes and no.  After approved goes up to high ranking officials in Crim, then to Chief judge in district. DAG, FBI Director are not going to drop their coffee finding out about this for the first time. We kept them in the loop.

Journo: Is discussing a quid pro quo different from carrying it out. How much is being a tough guy, and how much is carrying it out?

Fitz: Scheming versus carrying out crime. It is a crime to scheme to carry out a crime. Acting like a tough guy is a crime. We can sort through at a trial, but it is a crime to shake someone down. 

Journo: Would Obama have gotten briefed on this?

Fitz: It was a very close hold.

Journo: How many calls today?

Fitz: We already got one in–it was heartening.

Fitz: Union he discussed was Change to Win, SEIU.  That scheme never came to fruition. He later curses that it didn’t come to fruition.

Journo: Search warrant? Friends of Blago campaign HQ and Deputy Governor’s office.

Journo: If it’s against the law to trade a job, is it also illegal to buy one?

Fitz: we charged Blago and Harris, and that’s all we’re saying.

Fitz: Discussion of Rezko’s testimony in a footnote, that summarizes his status [footnote says Rezko’s testimony doesn’t always correlate with others’]

[Randy cutting it short] Hey Randy!

Journo: How far did the Tribune plot go?

Fitz: Not going to say, that person was not fired. We don’t go beyond that. Not going to opine what happened after the conversation left Blago and Harris.

Journo: Is it possible that anyone appointed by Blago without a cloud over their head?

Fitz: Not going to get into where things stand on senate seat. Public discourse will go forth without our guidance.

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

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.

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!

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.

Time 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!

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.

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.

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 supporters — were 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.