Author Archives: Michael Froomkin

Pat Robertson Kinda Sorta Has a Point

Pat Robertson is not someone I want to defend.

I think he's dangerous. I think he's quite probably evil. He could be nuts.

He's certainly offensive. For example, Robertson's remarks after 9/11 in which he blamed the attacks on US liberals were monumentally creepy. Or his suggestion that we ought to have a a religious test for judicial office.

But I don't think Robertson is stupid. And I suspect he may be sincere in his religious beliefs, if not always in his political tactics.1

And in last week's Robertson flap, much as it pains me to say so, I think Robertson kindasorta had a point.

Robertson was recently flamed around the blogosphere for his televised remark on “This Week with George Stephanopoulos” that judges are a bigger threat to the USA than terrorists. The cudgels came out: what about 9/11, deaths, tragedy, how could he? And yet. And yet.

Are 'the terrorists' really a threat to America? Unless there's evidence they have a nuclear bomb or a fast-mutating virus, I don't think so. 'Terrorists' (a very mixed lot) do threaten many Americans but the only threat to the nation comes from the threat to our fundamental values posed by the over-reaction to the perceived threat. Thus, if 'the terrorists' are no direct threat to our basic institutions it follows that if judges are even a small threat, they're a bigger threat than terrorists.

And who, understanding the simplest principles of threat analysis could deny that the people with the power to decide cases like Dred Scott or Bush v. Gore are a greater threat to the Nation, to national institutions, than any bin Laden? OK, it's a little weird that for Robertson the issues that demonstrate the fearsome power of the judiciary are … wait for it … their power to remove school prayer and “sanction pornography.”

Despite this great oddness on the details, I think that that Robertson's fundamental point, that the terrorists are just a particularly nasty form of modern pirate — geo-political fleas — while the judiciary has enormous power to reshape our domestic institutions, is basically correct. And that's why the Senate's advice and consent role should be taken so seriously.


1 I narrowly missed my chance to put this presumed sincerity to the test. When he was running for President in the '80s, Robertson came and spoke at Yale. I queued to ask him a question, but they cut off the questions when I was next on deck. Had I been called on, I had planned to ask Robertson whether Christians had a duty to evangelize members of the Church of Latter-Day Saints. Mormons were some of Robertson's big supporters that year, but my reading of his theology suggested that he did not see them as true Christians any more than he would Catholics, which is to say pretty much not at all. It followed that there was a duty to minister to them. But saying so out loud would have really hurt Robertson with a big part of his base. I was betting the theologian would win over the politician.

Posted in Politics: US | 5 Comments

Guantanamo Detainees Submit Pro Se Petitions For Release

Captives plead for release in personal notes to court. Today's Miami Herald has an interesting story on the receipt by the US District Court for the District of Columbia of a batch of handwritten, sometimes one paragraph, petitions for help from Guantanamo detainees. The court docketed some of them, treating them as petitions for writs of mandamus, and has yet to take action on others. The article includes a nice discussion of the representation issue — will the petitioners represent themselves (which is a practical impossibility under the circumstances), or will the court appoint counsel and if so how.

In the latest twist in the Guantánamo Bay legal struggle, 16 war-on-terror prisoners ranging from a self-described nomadic shepherd to a disabled 78-year-old Afghan man are suing the U.S. government — acting as their own attorneys from behind the razor wire at Camp Delta in Cuba.

The U.S. District Court in Washington, D.C., docketed the cases on May 3 after a series of single-paragraph pleas from captives arrived in the court's mail.

The latest suits are extraordinary because the 16 captives wrote to the court directly, without benefit of a lawyer, from their prison camp 1,300 miles away. Further, some of the prisoners suing on their own are illiterate.

''My wish from you is please inquire about my sad story. I've been detained here unlawfully and sinlessly,'' writes Sharbat-Khan, age unknown, the self-described shepherd who said he lost 300 sheep and 10 camels when he was captured in Afghanistan and sent to the base in Cuba.

The 16 captives dictated their pleas to military payroll linguists at Guantánamo, according to military sources, who translated them and submitted them to military censorship.

Officers then sent them to the court by certified U.S. mail, along with 16 others, still unfiled, that arrived this week.

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Important Florida News on Page A2 of Washington Post

Here's the important national story with a Florida angle that made page A2 of the Washington Post the other day: Florida Cat Mum on Alleged Abduction:

Mr. Kibbles must have special powers.

His benefactors say the black cat completed a journey that many suburbanites couldn't tackle without a map, navigating 15 miles of sprawl from the Everglades to his home in Coconut Creek, Fla. But that's not the end of it. The big question now is whether Mr. Kibbles can tell his tale.

It looks as though a South Florida judge thinks so.

Broward Circuit Court Judge Ginger Lerner-Wren has ordered Mr. Kibbles not to contact a couple accused of cat-napping him. That's right. No kitty calls. No kitty e-mails. Nothing.

There's lots more.

Here, meanwhile, is the Miami Herald's version of the story, April 29th:

A Broward County judge ruled this morning that a Fort Lauderdale firefighter and his fiancée are to have no contact with their neighbors — or their neighbor's cat, Mr. Kibbles.

Circuit Judge Ginger Lerner-Wren made the order in a status hearing for Christopher Cortes, 32, and Iris Zukerman, 31, of Coconut Creek. They are charged with misdemeanor theft and animal cruelty.

Prosecutors claim the pair abducted Mr. Kibbles, a jet-black cat owned by Nancy Leonard, 47, who lives in Coconut Creek's Victoria Isles town house complex. A police report indicates that Cortes was angry about the cat's use of his new pickup truck as a litter box.

Cortes and Zukerman allegedly drove Mr. Kibbles about 15 miles west into the Everglades and dumped him there.

The cat found his way home about two weeks later.

The couple's attorney has said Cortes and Zukerman were trying to save the cat's life. They thought he was a stray and were afraid the neighborhood homeowners association would take him to be euthanized.

A jury will hear the case later this year. Lerner-Wren set another status hearing for 9:30 a.m. on Aug. 5.

A longer version appeared in the Broward edition on the 30th, and introduced the “Mr. Kibbles mum on gag order” aspect of the story..

Posted in Florida, The Media | 1 Comment

DeLong’s Great Social Security Policy Brief

Brad DeLong has written a great little Statement on Social Security Reform.

Posted in Econ: Social Security | Comments Off on DeLong’s Great Social Security Policy Brief

Firefox 1.0.4

The latest bugsquash release is out.

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Mid/Late July Conferences?

I'm going to be in Crete for a very nice seminar in mid-July. Before I book my tickets, I was wondering if there is anything going on between here and there during the week of the 17th that I ought to think of dropping in on?

On the subject of conferences more wonderful than I deserve, I will be in Paris — my favorite city! — for a too-short visit at the end of May, arriving the 25th and leaving that Sunday. The conference is the 27th & 28th, leaving me a day and a half free beforehand to look up a few old friends and obsess about my slides. (Mais si il y a quelqu'un a Paris qui lis ce blog, envoyez mois un message électronique.)

Posted in Talks & Conferences | 3 Comments