The Command Post Op-Ed Page

American Canaries

Miners used to keep canaries in the mines for company. Not because they were lonely, but because they were early warning systems. If the local air became hazardous, the birds would pass out or die before people were seriously injured. This gave the miners enough warning to take preventative action.

Remember all the commotion when Newsweek incorrectly stated that Americans were desecrating the Koran? Wonder what the Arabian street will do when they see video of American citizens using legal firearms to blow away a Koran? Team Infidel has elected to serve as canaries for their fellow Americans. If any Islamic terrorists have managed to cross our somewhat porous borders, they will surely make a beeline for Team Infidel.

I’m very interested in comments on this. Should this behavior be legal? For my part, I say yes although I cringe at the potential impact this video will have when shown on Arabian television. And I’d like to publicly thank Team Infidel for their willingness to serve as our canaries.

Update: I cross posted this at my own site and I’ve already received a few emails about this post. Yes, Team Infidel is being crude, unpleasant, and not helpful to bringing peace to the world. Yes, my thanking them for being canaries was said tongue-in-cheek. No, I do not condone such behavior, although I support their right to be disagreeable. The first amendment does not just protect your right to your opinion. It protects the right of all individuals to express their own opinions. While disagreeing with Team Infidel’s actions, I agree and defend their right to exercise their first amendment rights. I encourage frank discussion about these rights.

Chertoff Sees Biometrics As "The Way Ahead" For Passenger Identification

Michael Chertoff, Homeland Security secretary, said Thursday that he sees biometrics as the way of the future for identification when traveling. The current method is too flawed relying on simple names which are subject to misspellings, misidentification and fraud. The key to biometrics is ensuring that the system is secure. If a hacker can change the information attached to his biometric personality on record then the system is worthless as it would identify him certainly, but display fraudulent information. I'm sure the civil liberties crowd will decry this of course. How dare the governments want to ensure that they know who you are and your intentions.

Wired

International travelers should get used to having their fingerprints taken or their irises scanned because traditional airport security tests are outdated and open to abuse, a leading U.S. official said Thursday.

"As a general principle, certainly in the area of international travel, biometrics is the way forward in virtually every respect," said Michael Chertoff, Homeland Security secretary.

"When we screen based on names, we're screening on the most primitive and least technological basis of identification -- it's the most susceptible to misspelling, or people changing their identity, or fraud.

"Biometrics is the way ahead."

Chertoff was speaking to reporters after meeting British officials during a four-day visit to Europe to discuss trans-Atlantic security cooperation.

On Monday, he visited the Netherlands, which will pilot a program later this year to allow passengers flying between New York's John F. Kennedy International Airport and Amsterdam's Schiphol airport to pass through border controls using a biometric card.

If they can produce the card, travelers will not be subjected to further questioning or screening.

The scheme is the first of its kind to be launched between the United States and a European country and, if it works, could be adopted elsewhere.

Originally posted at Diggers Realm.

Soldier Effigy In Sacramento Torn Down Again; Move America Forward To Protest Tonight Outside Home

"Insanity is doing the same thing over and over again and expecting different results." - Albert Einstein.

Once again the effigy of a hanging soldier has been torn down from a Berkeley couples second home up here in Sacramento. The effigy which read "Bush Lied, I Died" was ripped down by a 30-year-old man. I reported on the first effigy that was torn down here and here. The person who ripped the first effigy down turned himself in to police and was released after questioning -- he faces misdemeanor vandalism charges.

A candlelight vigil is being planned for tonight by Move America Forward, a group that supports the troops and the war on terror. For more information on the vigil visit their press release.

Steve and Virginia Pearcy, who life to talk, were unavailable for comment.

KTXL

"The Pearcys are going to do this, they ought to be here and not cower and run back to Berkeley", said one resident. People in the neighborhood are once again forced into the spotlight. Because today, someone again tore down and ripped off the controversial effigy portraying a U.S. soldier stapled to Steve and Virginia Pearcy's home. A sign on the display read "Bush lied... I died." The Pearcy's own the home, but don't live there.

One resident said "How else are they going to get their voices heard? They could write their congressman. That would never be read."

One man who witnessed today's vandalism said a man in his 30's went across the lawn, climbed a tree, stepped on the gutter, stretched his body along the peak of the roof, tore down the display and took it with him. It's the same thing that happened last week, when a man ripped down the effigy in front of a FOX40 News camera. That man has been interviewed by Sacramento police, who have turned the case over to the District Attorney's Office.

Another resident said "It makes the situation worse because it makes the Pearcys look like victims, which they are not. The victims are anyone who puts on a uniform and goes to war for this country, and neighbors who have to put up with this garbage."

But another countered: "I feel when you opress people, you take away their rights and this is exactly what people are trying to do." The protest, displayed or not, is creating a circus-like atmosphere for those who live here. And it's not over. Tomorrow night, the group "Move America Forward" plans a candlelight vigil here on Marty Way.

Originally posted at Diggers Realm

Pop the top and blue sky with me

Have you ever “blue-skyed” about an uninvented technology, or thought of a way that a current technology could get even better?

Even if you aren’t “technical”, please read the following press release from Siemens and imagine the possibilities:

The Siemens Industrial Solutions and Services Group (I&S) has received an order from Puget Sound Regional Council, Seattle, in the U.S. state of Washington, to implement a satellite-supported road pricing system as a pilot project, during which around 500 vehicles are to be fitted with on-board units (OBUs). With the help of the Global Positioning System (GPS), the position of the vehicle is detected in real time. The OBUs use GSM technology to communicate with a management control center where the user accounts are kept. The aim of the pilot project is to assess the feasibility of a use-dependent electronic pricing system. Another objective is to investigate the levels of acceptance encountered by the new system among motorists and the American public. Introduction of this system, unique in North America, is scheduled for the middle of 2004.

Using this system, drivers could be charged by the mile depending on how they use the roadways. States currently have gas taxes, but new, more fuel-efficient cars mean less gas tax revenue. Plus, there’s a difference between driving a gallon’s worth on an uncongested freeway and driving the same distance on the same freeway during rush hour. And, heavy trucks pay the same gas tax as small passenger cars, yet they cause much more damage to the roadways. Why shouldn’t they pay their fair share?

This new system could allow a true, fair, level playing field for drivers. Those drivers who spend a lot of time on a freeway downtown during rush hour will pay more; those who drive during off-peak hours will pay less. Drivers could start allocating how much time they spend on each type of street. You don’t leave your tap running all day because you don’t want to pay a high water bill. In fact, some utility companies charge a higher rate for peak usage. Why shouldn’t driving be the same?

Bear in mind this isn’t “rocket science”. GPS and GSM (cellular) are both here now and they’re very widely used technologies.

And, it’s only going to get better! Insurance companies could use this system to lower rates for safe drivers. The GPS could be used to determine how fast a driver goes and even if they change lanes too often. Coupled with data from computerized traffic signals or central traffic control centers, the insurance company could determine whether someone frequently runs red lights or commits other traffic infractions. If you’re a safe driver shouldn’t you pay a low rate even if you happen to live in a certain zip code? After all, fair’s fair, right?

In fact, the police could even use these systems to automatically fine those who speed or park in handicapped parking spaces. And, what if a heinous crime is committed in your neighborhood or against a loved one? The police would be able to subpoena the records of all those drivers who were in the area at the time. The innocent would be eliminated from their list of suspects, and the guilty would be quickly caught. These systems could lead to a very sharp decrease in crime and make our streets very much safer.

Or, imagine if there’s a possible terror attack. The police or other authorities could focus in on those drivers in affected areas, and tell them to evacuate immediately and what routes to take. Traffic could be routed on various roads to make sure everyone was safe. The cars of suspected terrorists could be monitored without the need for costly and error-prone physical surveillance.

But, bear in mind, the data recorded by these devices would only be used by those authorized to receive the data. The computer systems can be programmed to only give out information to the various departments of transportation or law enforcement agencies. It’s only a few “Nervous Nellies” and “Worried Wilberts” who care about things like “usage creep.” To be frank, while some people are concerned about civil liberties, most people are not. Let’s face it: if the government wanted to track you, they have other ways to do it.

This is simply a smart - and cost-saving - use of technology that’s already available. I applaud its use and I strongly encourage everyone to do the same.

For further reading, see:

“[CA] DMV Chief Backs Tax by Mile”

“At 87, [WA] state’s transportation guru still a driving force”

“Travel Value Pricing: Better Traffic Operations Management and
New Revenue for the Puget Sound Region”

“Speakers say value pricing could ease Twin Cities congestion”

You can also contact the CA DMV and tell them you fully support this proposal here or by calling their Executive Office at 916-657-6940. Or, call Arnold Schwarzenegger at 916-445-2841. While he hasn’t yet seen the light and come out in favor of the wonderful new proposals of his new DMV appointee, it can’t hurt to tell him what you think.

UPDATE: From the LAT article “[CA] DMV Chief Backs Tax by Mile”:

“[Arnold’s appointment to head the CA DMV, Joan Borucki, is] devoted, and she’s knowledgeable about the state’s situation,” said Elizabeth Deakin, a policy expert with the UC Transportation Center who has known her for 15 years. “She understands the state’s concerns about wanting good service, and she understands technology.”

…Still, privacy advocates worry about “usage creep” — like how the driver’s license has evolved into official identification for nearly everyone. The information collected about mileage potentially could be subpoenaed in a court case or used to track someone without their knowledge, they fear.

But Pozdena and Deakin, the transportation experts, said most people don’t care about this issue as much as privacy advocates, especially when presented with the possibility that as much as 25% of the road could be used by hybrids in the future. Drivers of non-hybrid cars have said it’s unfair to pay the larger burden of gasoline taxes, they said.

“While some people are concerned about civil liberties, most people are not,” Deakin said. “One of the things we found from focus groups and surveys is that most people said if the government wanted to track you, they have other ways to do it.”

Trick or Treat

“See tape as boost for Prez”:

“We want people to think ‘terrorism’ for the last four days,” said a Bush-Cheney campaign official. “And anything that raises the issue in people’s minds is good for us.”

A senior GOP strategist added, “anything that makes people nervous about their personal safety helps Bush.”

He called [Osama bin Laden’s latest tape] “a little gift,” saying it helps the President but doesn’t guarantee his reelection…

“In final hours, Bush mailings display images of burning World Trade Center”:

President George W. Bush has engaged in mailings [in Pennsylvania] which contain myriad graphic images of the burning World Trade Center on the morning of Sept. 11, 2001 …there are nine images of the front pages of Sept. 12, 2001 newspapers… all of which display the smoking towers of the World Trade Center before they collapsed, killing some 2,600 people. One includes the approach of the plane…

One Nation Under Bush:

PORT ST. LUCIE, Fla.—“I want you to stand, raise your right hands,” and recite “the Bush Pledge,” said Florida state Sen. Ken Pruitt. The assembled mass of about 2,000 in this Treasure Coast town about an hour north of West Palm Beach dutifully rose, arms aloft, and repeated after Pruitt: “I care about freedom and liberty. I care about my family. I care about my country. Because I care, I promise to work hard to re-elect, re-elect George W. Bush as president of the United States…”

Bush-backers-only policy riles voters at RNC rallies:

A Republican National Committee practice of having people sign a form endorsing President Bush or pledging to vote for him in November before being issued tickets for RNC-sponsored rallies is raising concern among voters…

72-year-old retiree John Wade of Albuquerque, who was asked to sign the form when he picked up his tickets. “I just wanted to hear what my vice president had to say, and they make me sign a loyalty oath.”

…Wade said he filled out the form, was given two tickets, but had second thoughts about signing an endorsement he didn’t believe in. Wade said he explained his misgivings to a supervisor, and the form was quickly located. The supervisor wrote ”Do Not Use” on the form, but Wade insisted it be given to him. In the end, Wade said, he offered to give back his tickets in exchange for the endorsement, which he did.

“Sure I’m a Democrat and I’ll go head to head with you one on one, but I would never disrupt a speech by the vice president,” Wade says…

Uniform Standard:

On July 4, Jeff and Nicole Rank went to hear George W. Bush speak in Charleston, West Virginia. Tickets in hand, they found seats ten or 15 rows from the stage. There they sat, quietly, wearing t-shirts that read love america, hate bush and regime change starts at home. Forty-five minutes before the president took the podium, event staffers approached the couple and said, “You need to either take those shirts off or leave.” According to The San Antonio Express-News, Jeff Rank replied, “People around us have Bush-Cheney t-shirts, pro-Bush t-shirts. Why can’t we express our views?” The staffers left, but a few minutes later, two police officers arrived and told the couple to “cover up, take them [the t-shirts] off or leave completely.” The Ranks refused, at which point they were handcuffed, expelled from the event, and briefly thrown in prison. With the Ranks safely off the premises, Bush addressed the crowd, declaring that “on the Fourth of July, we confirm our love of freedom, the freedom for people to speak their minds, the freedom for people to worship as they so choose. Free thought and free expression, that’s what we believe.” Two days later, the Federal Emergency Management Agency, Nicole Rank’s employer, told her that, as a result of the incident, she was being dismissed from her assignment in West Virginia…

The Last Straw:

The absolute last straw for me took place at the Bush rally, held in Central Point, Oregon on October 14th…

Three local teachers got tickets to the Bush rally, passed all the security checkpoints and scrutiny and got in. They never created or caused a disturbance, and they were perfectly peaceful members of the audience waiting to hear Bush speak. But before they got to hear Bush, they were expelled from the rally by Bush rally staff who objected to the words printed on the T-shirts they were wearing…

…the T-shirts the three women wore showed an American flag, and under it the words, “Protect Our Civil Liberties”.

Suffragette City

In Afghanistan this weekend, millions of people came out to vote. And while it may not be the perfect picture of an election, they did it with opponents threatening to kill them. Vote and die. Think about that when your only excuse is “I don’t have time.”

Now, name this country…

The women were innocent and defenseless. And by the end of the night, they were barely alive.

They beat one of them, chained her hands to the cell bars above her head and left her hanging for the night, bleeding and gasping for air. They hurled another into a dark cell, smashed her head against an iron bed and knocked her out cold. Her cellmate thought she was dead and suffered a heart attack. Additional affidavits describe the guards grabbing, dragging, beating, choking, slamming, pinching, twisting and kicking the women.

For weeks, the women’s only water came from an open pail. Their food—all of it colorless slop—was infested with worms. When one of the leaders embarked on a hunger strike, they tied her to a chair, forced a tube down her throat and poured liquid into her until she vomited. She was tortured like this for weeks until word was smuggled out to the press.*

Nope, it’s not Afghanistan. It’s not Iraq or Saudi Arabia, either. That’s the United States. Just 87 years ago.

This was your grandmother’s world. She couldn’t vote for Kerry or Bush or Nader. She didn’t have a say in whether we invaded Iraq or raised taxes or funded education or banned gay marriage. For securing the blessings of liberty, she was beaten and jailed. She was called “insane.”

An HBO movie called Iron Jawed Angels is airing now, and it should be required viewing for any citizen, not just women.

How could anyone take their right to vote for granted after realizing the struggles of their ancestors to obtain it for them? If you’re a woman, you dishonor their memory by not voting. If you’re black, how could you even think of not voting, considering the struggles of your race? Hell, even if you’re a male white guy, you have the efforts of millions of patriots through history to thank.

To my mind, voting isn’t even a right. It is a debt to be repaid.

*A liberally edited version of an e-mail called “A Short History on the Privilege of Voting” that’s going around.

Padilla, Rasul, Hamdi: Wartime Cases Analysis

Bob Harmon is a former military policeman, and a California state Democratic Party official. He is currently Director of the Marin County, California ACLU. Bob comes highly recommended by Trent Telenko.

Stare decisis (stahr- ee di -si - cis) [Latin “to stand by things decided”] The doctrine of precedent, under which it is necessary to follow earlier judicial decisions when the same points arise again in litigation.
— Black’s Law Dictionary, 7th Ed.

The Supreme Court’s 3 major wartime are in, and they’re neither the “Worst Decision Since Dred Scott,” (Free Republic) nor a signal defeat for the Administration (www.aclu.org). It is worth looking at them, if only to see US wartime law as it has evolved. It continues to evolve here. None of this appears to be worth getting one’s briefs in a twist.

Each case starts with Who who the combatant is – US citizen or not? – what they were doing at the time of capture, and who is holding them and where, especially the latter. Habeas corpus means, basically “who’s got the body?” a legal query to a jailer as to “why are you holding this person?” It’s pretty fundamental: “We are heirs to a tradition given voice 800 years ago by Magna Carta, which, on the barons’ insistence, confined executive power by ‘the law of the land,’” wrote Justice Souter. It’s usually prompted when the prisoner is denied due process of law, something also explicit in the Constitution (5th and 14th Am.), the Great Charter, and even the Bible (At least for Roman citizens, “…it was not the custom of the Romans to give up anyone before the accused met the accusers face to face and had opportunity to make his defense concerning the charge laid against him.” — Acts 25:16).

The three cases were:

• Rumsfeld v. Padilla, a US citizen captured on US soil and held in a US brig;
• Rasul et al v. Bush et al, non-US detainees held at Gitmo in Cuba; and
• Hamdi v. Rumsfeld, a US citizen picked up in Afghanistan and also in a US brig.

Read The Rest…

The Discussion We Need To Start Having

Today’s Wall Street Journal online has an important opinion piece written by Michael Chertoff, a judge with the 3rd Circuit US Court of Appeals. In it, he notes some of the critical policy and legal issues we as a nation need to debate and decide if we are to effectively defend against terrorism in a coherent way while balancing security against civil liberties.

The positions we take on these matters will have a huge impact on our lives and on the tenor of US democracy over the next months, years and probably decades. Most of us here at Winds of Change aren’t lawyers, but we (especially those who are US citizens) have a responsibility to think these matters through carefully and make the difficult tradeoffs that must go into an effective response to the challenges of terrorism abroad in our time.

So … here are the judge’s comments. Your thoughts and responses solicited.

Read The Rest…

First Amendment in Europe? No such thing.

Worried about the U.S. Patriot Act? Then don’t go to Europe. There journalists can be arrested, interrogated, and all their files taken (including all their confidential sources), and IT’S ALL LEGAL.

This is what happened to Hans-Martin Tillack, Brussels editor of the German news weekly Die Stern.

Fainting in Coyles weblog has been watching what happens when there is no First Amendment.

Per the EU Observer, for example:

- - - - - - -

Under Belgian law, a lawyer is not allowed to be present during questioning on the first day of police custody, said Mr Tillack’s lawyer.

- - - - - - -

The Faining in Coyles weblog has been reporting on this sorry spectacle of lack of freedom in the heart of Europe.

See Terrance’s reports starting here (“This is scary”). The latest report is here (“Hans-Martin Tillack update”). Scroll down to follow this sad example of what happens when there’s no First Amendment.

This is a duplicate of the original post from the nikita demosthenes weblog.

From Fox News to TLC - A Natural Progression?

I used to watch Fox News and the cable news shows. Now I only want to watch TLC, the Discovery Channel, and Comedy Central. Is this normal?

The people on the TLC and Discovery Channel shows make me, well, happy. There - I said it.

I love Stacy and Clinton on “What Not to Wear.” They could dress me any day (and probably should).

I’m in awe of the carpentry and seamstress skills of Andrew Dan-Jumbo and Leslie Segrete on “While You Were Out.” And I’m the furthest thing from gay - but I think Evan Farmer is, you know, an entertaining and really good-looking guy.

Say it with me: “Andrew Dan-Jumbo and Leslie Segrete.” Don’t you feel better?

I sit through entire episodes of “Trading Spaces” just to catch a glimpse of Paige’s shoes. God help me, I do.

And, yes, I follow that up by watching an entire episode of “In a Fix” just on the off chance that Jennie’s halter top will pop off.

But it’s not all about putting the jiggle back in home improvement. I want to give the Dad and two sons on “American Chopper” a big hug.

Is this normal?

There is something about TLC that’s so soothing and, well, inoffensive. I don’t ask for much in my TV programming. Indeed, there are big chunks of time when I just want my TV to provide inoffensive background noise and, er, pretty colors. TLC fills this bill perfectly. And I inevitably get caught up in their shows’ little pseudo-dramas anyway.

I will always remember the episode where Mikey on American Chopper told his brother, Paul, Jr., that he (Mikey) didn’t want any “flames or skulls” on his blues-inspired chopper. The priceless part was that he felt it necessary to add: “…not that I have anything against, you know, flames and skulls.” (Episodes 12 & 13: “Mikey’s Bike”).

Ok - I need to get out more apparently.

Really, I see all this as part of a natural progression. I mean, why are we at war with terrorism anyway? Do you think Al Jazeera would show Jennie laying tile in her halter-top? Au contraire. Let freedom ring - or jiggle, for that matter - I say.

This is a duplicate of a post from the nikita demosthenes website.

Supreme Court: 1st Amendment causes too many problems - must be scaled back

Indeed, apparently the 1st Amendment adversely affects this poor fellow's blood pressure! When will the madness end?

When will Mitch McConnell and the ultra-right see the wisdom espoused by Justices John Paul Stevens and Sandra Day O'Connor? Free speech is bad public policy! Repeal it! Mitch McConnell just doesn't get it!

Apparently, Mitch McConnell of Kentucky favors free speech because it can be used to further the nefarious aims of evil organizations like Enron, Halliburton, and the Republican Party. Just because free speech can be used to help purely good organizations like the ACLU, NAMBLA, and the Democrat Party, does not necessarily mean it's good public policy, silly!

It was illegal to criticize Saddam Hussein. But we've made progress. Now it's illegal to criticize Congress.

Thank you Sandra Day O'Connor and John Paul Stevens! (Do you think either one of these old coots are allowed near the VCR at the kids' homes?)

By the way - has anyone checked lately?... I think Sandy O'Connor may have been replaced by a space alien. One more opinion like McConnell v. FEC - or Lawrence v. Texas - and I'll know for sure. The little conservative girl from Arizona has obviously been abducted...

Alternative explanation: the legislating cow-girl from Arizona (Sandy O'Connor) is now legislating from her Supreme Court seat in Washington, D.C.! Yee-haw!

Ok. Sadly, this is serious stuff. Go here for the link to PrestoPundit:

* * *

...most people don't fully appreciate the magnitude of what just happened ... With today's decision, our Nine Robed Rulers have given their approval to Congress's efforts to make it a felony to criticize them under certain circumstances. Think about that for just a second. We now live in a country in which someday soon, a man could be sent to federal prison for years for saying, at the wrong time and place, that Hillary Clinton is a bad Senator, or that George Bush shouldn't be reelected ...

...Hey, gang, let's all get together and commit a crime -- violating the Supreme Court's new anti-free speech law. Matthew Hoy has the details on a blogosphere conspiracy to commit political speech during an election. (Is this posting and Hoy's suggestion a RICO crime? We report, the arbitrary police powers that rule our land decide).

* * *

Part of the above quote was from The Spoons Experience.

Ok. Let's get 60 conservative Republicans in the U.S. Senate. (Which means we'll have to replace a few existing Republican Senators...).

And let's replace the whole Supreme Court with the exception of Rehnquist, Scalia and Thomas. And soon. Next thing you know, it'll be a federal crime to criticize Supreme Court Justices. Oh, crap, here come the bailiffs. Get that thing off me! Aaarrrgghhhhhhh...

Please do not emanate into the penumbra

Mark Steyn: THE PENUMBRA LENGTHENS...

* * *

Did you see what Sandra Day O’Connor said the other day? Swingin’ Sandra is the most reliably unreliable vote on the Supreme Court, the fifth vote on all the 5-4 decisions setting the course for this great Republic, the one the lawyers pitch their arguments to, which isn’t as easy as it sounds, given the lack of discernible legal principles governing her erratic pendulum. Clarence Thomas has a sign on the wall of his office: “Please do not emanate into the penumbra.” But over at Sandra’s pad it’s all penumbra: on a bench of opposing ideological quartets, she inclines not to black or white but to an unendingly murky grey. The trick for counsel is figuring, in this Constitutional twilight zone, which particular degree of grey tickles her fancy on any given day.

Even so, it comes as a shock to discover that Sandra’s now swingin’ not between left and right but between the US Constitution and Belgian law. As she told her audience in Atlanta:

“Over time we will rely increasingly, or take notice at least increasingly, on international and foreign courts in examining domestic issues.” Doing so “may not only enrich our own country's decisions, I think it may create that all important good impression.”

Until recently, US courts declined to consider foreign courts. But, as Justice O’Connor was happy to report, that’s all changed: in “the famous or perhaps infamous case” on Texas sodomy she and her colleagues relied on “a series of decisions by European courts”.

Wow. That penumbra stretches a lot further than it used to. Speaking as a foreigner myself, I’ve always found it one of the more charming features of the American scene that “progressives” are obliged to find justification for their radicalism in a piece of old parchment. In Europe, they can simply say: we need to get with the beat, daddy-o. But in the US the left at least observes the niceties and pretends that the powdered-wig guys had somehow ingeniously anticipated the need for a constitutional right to gay marriage or a partial-birth abortion. Perhaps recognizing that this particular penumbra is pretty well tapped out, Justice O’Connor is now saying that there’s gold in them thar Scandinavian hills.

* * *

Given that this is the court that elevated “Celebrate Diversity” from a bumper sticker to a bedrock constitutional principle, it’s a little bewildering to find that they cheerfully accord the white European a unique monopoly on the judicial consultancy positions. Heartening though it is to know the white man still has his uses, this privileged access is, alas, unwarranted. For one thing, the fact that the US constitution is older than the French, German, Italian, Greek, and Spanish constitutions combined suggests that this member of “the western tradition” is more traditional than others. For another, can you imagine any judge in France, Denmark or New Zealand taking US court decisions into account when deliberating on, say, gun ownership or capital punishment? In this case, the emanations are strictly one way. Given that the wacky new European Constitution has 400 articles enshrining such novel “constitutional” rights as the right to “housing assistance” and the right to have your government take “preventive action to protect the environment”, Justice O’Connor’s remarks amount to more or less formal confirmation that the destination is Scandinavian social democracy, we’re just taking a little longer to get there than our more enlightened cousins. Excessive deference to European modishness can be passed off as many things but not as US constitutional law.

* * *

That’s why Justice O’Connor’s indifference to jurisdictional integrity and partiality to foreigners is not just a kinky fetish but something philosophically incompatible with the job she’s meant to be doing. If you wanted to construct the precise opposite of the US constitution, it would look an awful lot like “international law”. The former is a document that limits the state’s grip on the people, the latter is designed to ensure they can never wiggle free, no matter where they go. “International law” is the new colonialism, the imposition on the world’s peoples of the moral certainties of a remote, unaccountable western elite – indeed, one far less tolerant of local customs and culture than the old-school imperialists. The Europeans haven’t had much luck imposing their laws on Saudi Arabia and Sudan but, thanks to Justice O’Connor, other backward jurisdictions like Texas and Alabama are about to be whipped into line.

* * *

Per Ann Coulter:

* * *

During oral argument in Roe, the entire courtroom laughed when the lawyer arguing for abortion law ticked off a string of constitutional provisions allegedly violated by Texas' abortion law – the due process clause, the equal protection clause, the Ninth Amendment "and a variety of others." According to the "The Brethren: Inside the Supreme Court" by Bob Woodward and Scott Armstrong, the law clerks felt as if they were witnessing "something embarrassing and dishonest" about the decision-making process in Roe, with the justices brokering trimesters and medical judgments like a group of legislators.

* * *

U.S. to implement Saddam-like policies in Iraq

Just when I thought things were starting to go well in Iraq, I hear that Iraqis are going to be subject to dictatorial-style gun grabs by U.S. and Allied forces. The New York Times reports that Allies will begin seizing guns from Iraqis, and those that refuse to comply will risk being arrested.

"We are in the final stages of formulating a weapons policy to put rules on who can and cannot possess a weapon," Lt. Gen. David D. McKiernan, the chief allied land commander said in an interview. "We want to get explosives and AK's out of the wrong hands."

So much for the God given right to self defense. I agree that criminals shouldn't be permitted to run around with guns, but the Allies aren't targeting the criminals. They are targeting anyone and everyone who is not a member of the police force or military. The mass of Iraqi civilians are being treated like criminals for the misdeeds of a few miscreants and looters.

The sad fact is that criminals will undoubtedly evade having their firearms confiscated, leaving the average law-abiding Iraqi at their mercy. Not too mention that any government that is set up in Iraq will have an easy time oppressing the populace, given that the U.S. has already disarmed them. As soon as our troops leave, they are a lot more likely to return to being an Islamic Fundamentalist dictatorship.

When I think back to the founding of our own nation, I don't recall reading anywhere in the history books that guns were rounded up for the safety of our fledgling government. In fact, firearms ownership was encouraged, and protected with the drafting of the Second Amendment. Where is George Mason when you need him?

Hollywood Censors Its Critics

Proving that chill winds blow in all directions, a murdered website's dying entry is copied here to preserve the record of its censorship. As reported on Instapundit:

MORE CRUSHING OF DISSENT: The Boycott Hollywood site is being shut down -- by legal muscle from Hollywood. There's a copy of the threat letter on the site....Yes, if you even criticize these guys they scream "censorship" -- but Hollywood is censoring more speech in America than John Ashcroft has.

(emphasis added)

Here's the text of Boycott Hollywood's post response (image of the William Morris Agency letter pending upload):

Our own personal wind chill (Follywood)
Well, folks - it's been a blast and it's been fun.

Apparently, our domain registrar (namesdirect.com - subsidiary of Dotster.com) have caved to the pressures of the William Morris Agency giant. On April 29, 2003, Dotster.com received a letter from the William Morris Agency in regards to this website. Their complaint accused us of liable and potentially other civil and criminal offenses.

This is another fine example of how Hollywood feels that their opinion and view is the only one that matters. Average citizens are disallowed the free expression of our point of view because they don't like being challenged for their views. I stand firm on the belief that we have done nothing wrong at this website - - The celebrities have expressed their views, and we have responded in kind by expressing our views regarding the thoughts and ideas that they have, publicly, expressed.

Dotster.com has suspended our update information at this domain and have informed us that the DNS information of this domain has been changed and the website will be down within the next 24 hours and our contract with them is now null and void. They are doing this because we did not provide accurate contact information in their public database.

When I explained that the reason we did not provide accurate contact information is because we have received multiple death threats and I did not wish for just anyone to have my personal information - and asked them for suggestions on what to do - Dotster was unmoved. They did not give me the chance to update the information with accurate information and keep the domain. That's not an option - - they are just simply going to shut down our domain - no explanation needed.

Further questioning of Dotster brought me a copy of the letter sent to them by the William Morris Agency and reads as follows:

[image of letter]

We, in fact, recieved no such email from the William Morris Agency.

I can say only this - - the fact that we're being shut down because of the William Morris Agency tells me that we truly touched a raw nerve in someone, somewhere. At the very least, it tells me that our message was recieved by the people that it was intended for. The very fact that we cannot express our opinions regarding the views of these stars/celebs shows me, yet again, the double standard that exists in Follywood.

Thank you all for your support at this website - it appears my hands are tied in keeping it open. Dotster will be closing down our site within the next 24-48 hours. I appreciate the hard work that Chris and Reilly have done at this site and appreciate the ongoing and intelligent, provoking discussions held here.

Warm Regards.

The Hawash Case: What Now, Bloggers?

We now know the government's view of the Mike Hawash case. It basically lays out evidence that shows he was a member of small group of Islamic-Americans who travelled to China in hopes of making their way to Afghanistan to kill American soldiers.

Bloggers (especially Bush-hating, Liberal bloggers) were quick to come to Hawash's defense and even quicker to call into question the Bush administration's efforts to curb the terror threat against the US. AG John Ashcroft (as always) was particularly targetted for scorn.

In response to the Blogger uprising in defense of Hawash, I blogged this on March 25 of this year:

Lots of attention on the Internet about Intel engineer Mike Hawash who is now in custody as a material witness (witness to what, I don't know). Hawash is a Palestinian but has been an American citizen for 15 years. He is getting alot of high-level support from the likes of Intel executives and Oregon's legislative contingent.

Many on the 'Net are using this case as a weapon in their war against Attorney General John Ashcroft, but I suggest they hold their fire. So far Ashcroft is doing very well in the courts (see the Lackawanna cases, the Florida Professor case and the recent Ujaama case).

My money is on Achcroft; betting he has a reason to hold Hawash and that it will all come out well for the AG in the end.

As for the use of "material witness" powers to hold American citizens in jail, I will (at least for now) defer to the judges of the US to determine if these powers are being abused. Until I feel otherwise, I know of no reason to believe these judges are acting in an unconstitutional manner

The reason I wrote what I wrote at the time was simply because of the facts. Ashcroft (and Bush) had a track record of making charges stick and there was no evidence to suggest that they had deviated from the plan to hold and charge guilty persons. Many writers in the Blogosphere, unfortunately, seemed to have lost their heads on this one.

I think it is about time for them to fess up to this mistake (just as many of them have had to fess up to their many other mistakes...Iraq is a quagmire, Afghanistan is a quagmire, There is no Al-Qaida/Iraq link...)

Liberate America Next! The far RIGHT speaks out

Somehow, I got caught in an e-mail exchange crossfire this week between a rabid conservative NRA supporter and some hard-core leftists. The NRA guy is something of a troll. He posts to a listserv things that he knows will get the natives riled up. Anyway, I unsubbed from this listserv several months ago. So it was a little bit weird when I received an e-mail from this guy with the subject: "The Real Meaning of This War."

Turns out I was one of a batch of people who received the e-mail. Anyhoo, he knew it would stir up the people who received it, and the e-mail had the desired effect. One cat sent back an article that defies easy categorization. It contained this enlightening bit of prose:

Let's look a bit deeper into the Iraqi culture and make a few comparisons.

The Iraqi's don't pay any direct taxes, have minimum restrictions on starting businesses, free medical care from cradle to grave, no property taxes, no sales taxes, minimal zoning and planning laws, free college education with daily meals provided in the campus cafeteria. Iraqi's are encouraged to own guns, have virtually no crime, no homeless (the Bedouin's choose their nomadic lifestyle), Iraqi's are free to travel, write, create, make art and worship their God.

The state funds it all with natural resource development. I could go on but I think the picture is clear. So where's the tyranny?

The one area where there is no freedom is in the political arena where absolute faith and loyalty to Saddam's regime is required, or else. The brutality is well recorded, the torture, murders, rapes and violent resolutions. No jury of peers, no objective judges, sheer punishment without regard for justice.

Liberate America Next! by Robert Fredinburg

He goes on to compare it to the current state of the American culture.

I don't know what to make of this.