Author Archives: Michael Froomkin

More Evil From the Administration

Phillip Carter, Prisoners' Dilemma – How the administration is obstructing the Supreme Court's terror decisions.

If there is a historical analogy to be drawn here, it is with the legal tactics of segregationists in the years following the Supreme Court's famous 1954 Brown v. Board of Education decision. In its second Brown decision, the U.S. Supreme Court ordered the segregated school districts to integrate themselves “with all deliberate speed.” Segregationists took that message to heart, literally taking decades to integrate their schools (a task which some say has still not been accomplished). Segregationists used every legal tactic imaginable to delay the progress of integration—from filibusters in the Senate on civil rights legislation, to crazy school districting schemes, to literally standing in the schoolhouse door of Central High School in Little Rock, Ark. Eventually, the legal principle of equality won, and segregation faded into the history books, but it took a protracted fight to make the Supreme Court's Brown decision a reality.

The issue here is not so much the detainees' rights per se (although the detainees might say otherwise) as the need to restore the U.S. commitment to the rule of law in the eyes of the world. To date, the United States has not been able to enlist many of its allies to help shoulder the burden of Iraq, and Sen. John Kerry is unlikely to do much better given the current state of animus toward the U.S. in the world. Treating the wartime detainees fairly by giving them a fair hearing before a neutral magistrate (as ordered by the Supreme Court) would go a long way toward rebuilding bridges with our allies abroad. American moral leadership on these issues will also help win hearts and minds in Iraq, where the parallels between the Abu Ghraib abuses by U.S. soldiers and Saddam Hussein's henchmen are all too easy to draw. But none of that will happen if the United States continues to drag its feet, kicking and screaming at every step of the way. Indeed, if the fight to implement Rasul takes as long as the fight for equality after Brown, then many of the detainees at Gitmo could die in captivity before they see their rights vindicated.

Oh, just read it.

Posted in Iraq Atrocities | 6 Comments

TSA On the Front Lines Against Kink

The New York Times's Frequent Flyer column today is buried on page C6 so it's easy to miss. That would be a shame, as Fur-Lined Handcuffs and Other Security No-No's is by and about Mark Hatfield, Jr., who is the head of PR for the TSA, and it has its weird moments. The story includes this tidbit:

…you know those little round plastic bowls in which your personal belongings go through the X-ray machine? They are actually dog-food dishes. Seriously. They are nonskid and don't tip over, so they're perfect for this purpose.

I was especially struck by this account of our tax dollars at work:

In the last year, Transportation Security Administration screeners have intercepted more than seven million prohibited items. Typically, it's knives, guns and scissors. But you would not believe how many recreational handcuffs I have seen in property rooms at airports around the country. I don't want to single out J.F.K., but the ones I've seen there were lined in everything from suede to fake fur.

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A Week Is A Long Time In Politics

This is a bad week for politics, and a good week to have guest blogger George Mundstock doing the heavy lifting. Out there Kerry is all but saying he has a secret plan to end the war in Iraq, by saying he knows what to do in Iraq without explaining. Meanwhile GW is going to Ohio and telling the unemployed that he feels their pain.

So far the outrage of the week is the suspiciously timed release of a terror threat cum NY-area alert, based on ancient information — coupled with the demonization of anyone who dares to question it. Yes indeed, there have been some amazingly well timed coincidences. Funny how that works.

But I'm on a wireless connection where a dozen of us share a 56k telephone connection, so don't expect much posting this week.

Update: The Washington Post story on the arbitrary release of a warning based on aged data is clearer than the NYT version, which runs away from the political angle…although even the Post is more circumspect than the bloggers.

Posted in Politics: US: 2004 Election | Comments Off on A Week Is A Long Time In Politics

Election Polls and Predictions

Those of you still commenting on the old Zogby thread may be interested in Zogby's latest poll.

Meanwhile here's a simple-minded way to think about the election. There must be something wrong with it, but I can't see what it is.

The last election was a statistical tie electorally, and Gore's on the popular vote by a substantial margin. Many key states were very close.

Today's electorate can be divided into three groups:
1. People who voted for Gore in 2000.
2. People who voted for Bush in 2000.
3. People who didn't vote in 2000.

Unless they are dead, all of Gore's voters will vote for Kerry. The counter-argument would be that some marginal Gore voters will 'rally round the flag' and 'vote for the Commander in Chief'. An alternate version says that “security moms” (aka soccer moms worried about terror) will vote for Bush because it makes them feel safer. I don't buy either of these arguments.

I think it's also clear that Bush has held most but by no means all of his vote.

Zogby's latest suggests that new (young) voters are breaking for Kerry. (“among young voters – 18-29 year olds – a group Al Gore only won by 2 points in 2000, Kerry is winning in a landslide, 53% to 33%.”)

Of course turnout and regional factors matter. Some pervious voters in the first two groups may stay home. But is it credible to think that the GOP will manage turnout sufficiently well to overcome what seems a real deficit? Won't more Republicans than Democrats stay home if they are unenthused with their party's candidate?

So, barring the October Surprise, it's Kerry by a landslide.

Like I say, it can't be that simple, can it?

Posted in Politics: US: 2004 Election | 275 Comments

Convention Foolishness

I was not at all happy to see Rev. Al Sharpton who—despite his recent rash of semi-statesmanlike conduct—has a history of demagoguery, being treated seriously this week. Not only did the Democrats give him speaking time, but CNN used him extensively as a regular commentator.

Now comes news that the GOP may have found someone even worse than Sharpton to put front and center in their convention! The Carpetbagger Report says that it seems the GOP may ask Falwell to give an invocation.

I admit that I used to have a soft spot for Falwell. He used racially mixed audiences in his show. He seemed cleaner than, say, the Bakers. And he took a vacation from politics to concentrate on religion when all the TV preachers were getting indicted. (Yes, 1989 was a convenient time to leave the TV evangelism/politics thing, the bloom was off the rose, but his claim that he felt a need to concentrate on spiritual issues was nonetheless plausible.) He seemed horribly wrong, but sincere, and up to a point I like sincere better than apathetic.

But then he lost it. First he endorsed felon Oliver North for Senate. Then in the late '90s he got back into politics. (According to this summary I learn he'd never 'left' as much as I thought anyway.)

Then Falwell attacked Tinky Winky, one of the Teletubbies (a UK children's show), claiming the character was a gay icon (he, gasp, carries a red purse in some episodes).

Then Falwell really went too far, saying, a few days after the 9/11 attacks:

“I really believe that the pagans, and the abortionists, and the feminists, and the gays and the lesbians who are actively trying to make that an alternative lifestyle, the ACLU, People For the American Way, all of them who have tried to secularize America. I point the finger in their face and say 'you helped this happen.'”

Yes, Falwell later offered a non-apology apology, but even so, could the GOP really put this man on stage in New York?

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Posted in Politics: US: 2004 Election | 7 Comments

Is Florida’s Temporary Gas Tax Cut a Bribe To Voters?

Maybe I'm too paranoid. When I first heard about the state of Florida's temporary eight cent cut in gas taxes, this is what I imagined:

Suppose you are the Governor of Florida, and you are worried that the voters are restive. Gas prices are up, and people tend to blame the government for that, and then maybe take it out on your brother at the election. Which would not just cost you in the family, but vastly reduce your chances of being the nominee in four years.

Fortunately, your party has a big majority in the legislature (not, however, in the popular vote for the legislature, but that's ok, as you know how to draw legislative districts). So you enact an eight cent drop in the gas taxes — effective only in August.

It's a nice conspiracy theory. But having checked around, I think it's not true.

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