Author Archives: Michael Froomkin

Bush Flip-Flops (Again) on 9/11 Commission

This zinger:

“If the president of the United States can find time to go to a rodeo, he can find the time to do more than one hour in front of a commission that is investigating what happened to America's intelligence,” Mr. Kerry told hundreds of supporters at a rally in West Palm Beach on Monday afternoon.

Produced this:

White House: Bush will take all questions of 9/11 panel: President Bush will privately answer all questions raised by a federal commission investigating the Sept. 11 attacks, the White House said Tuesday, apparently dropping a one-hour limit on the president's testimony.

The shift came on the heels of accusations by presumed Democratic presidential nominee John Kerry that Bush was “stonewalling” investigations of the terrorist attacks and U.S. intelligence failures.

This is Bush's second flip-flop on the 9/11 commission issue alone. And you wonder why — when faced with such a strong, resolute negotiator — the North Koreans are suddenly saying they have a new condition for scrapping their nukes?

North Korea's government said it will make the pullout of U.S. forces from South Korea a condition of a nuclear agreement, unless the U.S. stops insisting that an accord require the North to dismantle its weapons program first.

North Korea also will demand a “complete, verifiable, irreversible security assurance'' from the U.S. in exchange for American insistence the nuclear program be dismantled on those terms, the official Korea Central News Agency said in a release.

Of course, the two situations are not parallel: the Bush position on the 9/11 commission was absurd, while taking a tough line with North Korea is not. But will the North Koreans understand the difference? I think this Adminstration is starting to look weak abroad. I trust this doesn't mean we are in for a new round of foreign adventurism, if only because there are no ground troops left to spare to conduct it.

Update: Well, is it a flip-flop or not? The NYT version of the story suggests an administration artfullly trying to have it both ways:

He's going to answer all the questions they want to raise,” the White House spokesman, Scott McClellan, told reporters today. When pressed, Mr. McClellan repeated this statement but did not clarify whether the time restriction had been dropped.

“That's what it's scheduled for, an hour, but look, he's going to answer all the questions that they want to raise,” Mr. McClellan said.

The spokesman said the president still planned to meet only with the panel's top two officials.

Whassamater, he's afraid of witnesses?

Another update: Actually, if this press gaggle is the source of the story quoted above, then it seems like the adminstration is not able to bring itself to say it will answer all the questions. Presumably, after about 68 minutes Bush will leave, and announce he answered an unprecedented number of questions. And the Republican chair won't contradict him.

Posted in 9/11 & Aftermath, National Security | Comments Off on Bush Flip-Flops (Again) on 9/11 Commission

Florida Gator + Electrical Tape

School bus drivers around the nation know not to give a ride to wild animals with large teeth. Except, of course, here in Florida where Gator goes for ride on the bus.

As the article says, “Eleven students. One bus driver. One alligator.” (Spotted via Flablog).

Ok, my headline is accurate, but could be slightly misleading, as you might have thought I meant a different sort of Gator. Things like that seem to be required if you live in the eye of the Hurricanes.

Posted in Florida | Comments Off on Florida Gator + Electrical Tape

Election Monitors Coming to Florida (Why Not? Nothing Else Seems to Work)

The Poor Man has the links: Election Monitors Coming To Florida — “Catholic peace group Pax Christi USA has announced that it will be sending election monitors to Florida to watch for voting irregularities in the 2004 elections.” The Poor Man also has a long quote from Pax Christi Executive Director Dave Robinson explaining just why Florida deserves this treatment.

Posted in Florida | Comments Off on Election Monitors Coming to Florida (Why Not? Nothing Else Seems to Work)

Parody or Travesty?

A link from Talking Points Memo took me to a website called “gop.com.” There one finds a “Research Briefing” entitled John Kerry: International Man Of Mystery III.

The document states:

  • The only foreign government “on the record supporting John Kerry” is North Korea [The “record” of “support” consists of broadcasting his speeches on state radio … proves Kerry is a Commie, right?];
  • “Former French Environment Minister Is Kerry’s First Cousin” [He's worse than a Commie — he's French!]
  • Coldplay supports Kerry [Not entirely clear what this proves, but it must be awful].

Parody or travesty? You decide.

Posted in Politics: US: 2004 Election | 3 Comments

Scalia Channels Justice Black and Kicks the Feet Out from Under Constitutional Balancing

The following words, written by Justice Scalia for seven members of the Supreme Court in today's Crawford v. Washington decision, will — if taken seriously — lob a hand grenade into many regions of Constitutional interpretation. As one who believes that balancing tests are indeed swallowing the Constitution (this is deep into the territory where left libertarian-leaning people meet right-libertarian leading people — a zone I only frequent rather than residing in) I think this has the potential to be a wonderful and transformative tonic for much of what ails constitutional doctrine:

By replacing categorical constitutional guarantees with open-ended balancing tests, we do violence to their design. Vague standards are manipulable, and, while that might be a small concern in run-of-the-mill assault prosecutions like this one, the Framers had an eye toward politically charged cases like Raleigh’s—great state trials where the impartiality of even those at the highest levels of the judiciary might not be so clear.

Of course, it could also lead to disaster if the bright lines get drawn in the wrong places…

It will be absolutely fascinating to see whether and how this principle is applied in all the upcomong cases in which the government claims various exceptions to ordinary rules of criminal and constitutional procedure in order to fight the War on Terror. (I can already imagine an out for the monarchist tendency on the Court, however: treat something as an 'exception' or a 'special case' and it's not a 'balancing' issue.)

Incidentally, the underlying decision in Crawford — that the Confrontation Clause should be interpreted strictly and thus should exclude most types of hearsay — is pretty incendiary too, as it overrules almost 25 years of contrary Supreme Court precedent, if not more.

Posted in Law: Constitutional Law | 3 Comments

Expresso is Good For You!

The BBC reports an Italian (naturally) scientist's conclusion that Coffee is a 'health drink'. I would have said 'necessity'… (Spotted via Slashdot.)

Posted in Science/Medicine | Comments Off on Expresso is Good For You!