Author Archives: Michael Froomkin

Windy

Frances is north east of here and heading somewhat northwesterly, so unless it does an Andrew and skitters south as it hits land, we're going to be subject to tropical storm winds at the worst, plus some gusts, and maybe not even that. But it's so slow now that it may take another 16-24 hours, or even more, before we know it's safe to take down the shutters.

So far, it's pretty windy, and there's been some rain, but nothing you would get excited about if they didn't have those big swirly cloud pictures at the National Center for Atmospheric Research.

The Miami Herald delivered a special early edition last night since they figured they might not be able to get through the water this morning; that was before Frances slowed down ever farther (more waiting in the dark behind our shutters!). The NYT didn't deliver at all. The electricty has the occasional flicker, but so far so good.

Our next problem is that Tropical Storm Ivan. Frances needs to get out of the way so that they can open the shops — I don't think we have enough food for two storms in a row.

Posted in Miami | Comments Off on Windy

John Young, Translated

I've occasionally mentioned the often admirable John Young, noting his 'encrypted neo-Joycean prose style'.

Well, Seth Finkelstein has been kind enough to offer a translation of one of John's only moderately encrypted missives.

Posted in Readings | 1 Comment

Effective Propaganda

I have no reason to share in this flash movie's paranoid imaginings, and one good reason (Occam's Razor) not to. But as a piece of shockwave-flash craft, and as effective propaganda, Pentagon Strike is a model of its kind.

Update (9/6/04): Snopes debunks it.

Posted in 9/11 & Aftermath | 1 Comment

Free Country Datum V: ‘The System Worked’

George Paine at Warblogging.com says that the fact that protestors got sprung realllly sloooowly, but faster than the cops wanted, is a sign the system worked. In one sense, of course, he's right: in a very unfree country protestors vanish, or get four years of hard labor.

Warblogging.com: Judge to City: You're in ContemptThe New York Civil Liberties Union and the National Lawyers Guild filed writs of habeas corpus with the State Supreme Court earlier this week. A judge responded immediately by issuing a writ ordering the release of detainees held for more than 24 hours. The city appealed and was granted a stay. But yesterday the case came before Judge Cataldo, who again ordered immediate release.

At noon, arguing before Judge Cataldo, the city corporation counsel said “We couldn't get everyone processed as quickly as we liked… We're doing our best.” Judge Cataldo immediately replied “I'm ordering that.”

Later in the hearing the judge told the corporation counsel that “These people have already been the victims of a process. I can no longer accept your statement that you are trying to comply.”

By 6pm the NYPD had released few demonstrators. It was at this point that Judge Cataldo grew frusterated. He ordered a $1,000 fine for every protester still behind bars.

An hour later there had still been no movement by the NYPD. “We're coming back again until this is settled,” the judge said. “Once again, the order is, release these people.”

Norman Siegel of the New York Civil Liberties Union complained to the judge that it was only protesters who were being disadvanted by the city. He noted that actual criminals were being arraigned within the 24 hour window the law provides. “The only people being disadvantaged here are the protesters. We're arraigning robbers who have only been in 10 hours.”

Finally, hours later, the city began releasing detainees. They were met by hundreds of well-wishers, including friends and family, who cheered their release.

The reason that so many protesters were held so long without charges is obvious. Charges against most protesters would simply not stick. They were caught up in police nets — literally — and the victims of arbitrary arrest. They were charged with minor transgressions such as “blocking the sidewalk”.

The system, with lots of support from civil libertarian lawyers and the judiciary, has worked. The protesters have been released — and many were released in time for George Bush's speech at the RNC. Unfortunately the taxpayers will literally pay the bill for the NYPD's illegal detention of these protesters. First we will pay Judge Cataldo's fine. Next we will pay to settle the lawsuits of those detained.

If the protestors win anything above token damages, then I'd score this a victory.

Posted in Civil Liberties | Comments Off on Free Country Datum V: ‘The System Worked’

The Calm Before the Storm or Non-Storm

The weather is here, and it’s nice right now. A friend has two kids over who have been evacuated from Miami Beach, and they are about the age of our kids, so we took our kids swimming in their pool to keep the them company. We were driven inside by a squall after about 30 minutes, a feeder band passing over we later learned, but that passed quickly and the weather turned nice, if sometimes blustery after that.

This morning I went out first thing to buy more extension cords, since in the course of the construction on our house some of the old ones went walkabout. Streets were nearly empty, but the hardware store, while heavily picked over, was not empty. They still had some batteries, for example; I left them there, since we have many and a generator, but not without a pang, remembering Andrew and those five weeks without electricity — two weeks plus without a candle or a flashlight or a clue (we had literally just moved here from London).

As for Frances, the possibility of anti-climax grows with each hour. I can only hope.

Posted in Miami | 2 Comments

The Press Has a Pulse! AP Does Fact-Checking!

AP, which runs everywhere, did a little fact-checking of Bush's acceptance speech:

Bush Leaves Out Complex Facts in Speech: President Bush's boast of a 30-member-strong coalition in Iraq masked the reality that the United States is bearing the overwhelming share of costs, in lives and troop commitments. And in claiming to have routed most al-Qaida leaders, he did not mention that the big one got away.

Bush's acceptance speech at the Republican National Convention on Thursday night brought the nation a collection of facts that told only part of the story, hardly unusual for this most political of occasions.

He took some license in telling Americans that Democratic opponent John Kerry “is running on a platform of increasing taxes.”

Kerry would, in fact, raise taxes on the richest 2 percent of Americans as part of a plan to keep the Bush tax cuts for everyone else and even cut some of them more. That's not exactly a tax-increase platform.

And on education, Bush voiced an inherent contradiction, dating back to his 2000 campaign, in stating his stout support for local control of education, yet promising to toughen federal standards that override local decision-making.

“We are insisting on accountability, empowering parents and teachers, and making sure that local people are in charge of their schools,” he said, on one hand. Yet, “we will require a rigorous exam before graduation.”

Bush aggressively defended progress in Afghanistan, too. “Today, the government of a free Afghanistan is fighting terror, Pakistan is capturing terrorist leaders … and more than three-quarters of al-Qaida's key members and associates have been detained or killed. We have led, many have joined, and America and the world are safer.”

Nowhere did Bush mention Osama bin Laden, nor did he account for the replacement of killed and captured al al-Qaida leaders by others.

Bush's address wasn't the only one this week that glossed over some realities.

Vice President Dick Cheney, trying to make Kerry look wobbly on defense, implied in his speech that Kerry would wait until the United States is hit by a foe before hitting back. “He declared at the Democratic convention that he will forcefully defend America after we have been attacked,” Cheney said.

New York Gov. George Pataki echoed Cheney's line of criticism Thursday night.

Kerry said in his convention speech, “Any attack will be met with a swift and certain response.” But he also spoke of pre-emptive action in that address, saying a threat that is “real and imminent” is also a justification for war.

In his keynote address, Sen. Zell Miller attacked Kerry for Senate votes against the Navy F-14D Tomcat fighter and the B-2 bomber the heart of his case that the Democrat has stood against essential weapons systems.

He ignored the fact that Cheney, as defense secretary, canceled the F-14 and submitted a budget scaling back production of the B-2.

Miller also said Kerry has made it clear he “would use military force only if approved by the U.N.,” a stretch of Kerry's position. Kerry told his convention “I will never hesitate to use force when it is required” and “I will never give any nation or international institution a veto over our national security.”

It's fun to see, no doubt for the first time ever, the words “Bush” and “complex facts” in the same headline…

Posted in Politics: US: 2004 Election | 4 Comments