Author Archives: Michael Froomkin

Must-Read Daily Howler Today on the “Torn Document”

Today's Daily Howler is a must-read. Just don't be distracted by title, Ritter was right about WMD. Result? He's been dumped from the airwaves, which refers to the less interesting of the two items discussed.

The more interesting item—how hard it is to get facts about the GW Bush military record—actually comes first. There are two related issues. First, how and why the major papers in this country are badly bungling the task of informing us as to what the facts are, and when there are areas of uncertainty what the cause of that uncertainty might be.

The Howler compares the accounts in major newspapers and notes that they don't coincide at all. So not only are there divergences with what appears to be the record, but the reporters themselves appear to have very different views as to what the basic facts are.

Which leads to the even more interesting question of why that might be.

The Howler suggests that the key question is the extent to which a particular torn document proffered by the Bush people can be trusted. The purveyors of this document purport it to be part of the Bush service record. Yet the document is lacking key identifying marks such as his name. Is it or is it not an accurate and contemporaneous record of Bush's service? That seems like a pretty central question indeed…

If the “torn document” turns out to be fake, this story becomes much more serious. Indeed, if the “torn document” turns out to be bogus, this story becomes quite an A-bomb. This may be why papers are tiptoe-ing hard, as we’ll discuss later on.

How serious was Bush’s attendance problem? It all turns on that crucial “torn document.” And the Post and the Times have created confusion by careless handling of the torn document. We’re told that experts are going to publish further work about the torn doc. Until then, this story will be hard to judge. The Post, Times and Globe have divergent accounts. It’s quite hard to know which is accurate.

(For more on the “torn document” see the last paragraphs of this earlier Howler.)

Update: Via Calpundit, a link to a very, very useful blog entry by Phil Carter on Intel Dump explaining just exactly what records reporters should be asking for—and GWB providing—if the objective is to get to the truth of the matter.

…if I were a reporter sitting in the White House press room, asking questions of Scott McClellan, I'd start asking about his pay records, retirement records, and tax records from 1972. Maybe the attendance records are gone — but there are still plenty of ways to document the President's service.

Posted in Politics: US: GW Bush Scandals | 1 Comment

Cory Doctorow Enriches the Commons

Cory Doctorow has just made his new book, Eastern Standard Tribe available for download in a variety of formats.

This is the second novel I've made available as a free download (the first, Down and Out in the Magic Kingdom, was downloaded hundreds of thousands of times and sold like hell). I'm delighted to do it a second time.

Here's the deal: I don't believe that there's any market-demand for teasers or for “Digital Rights Management” technology: none of you woke up this morning and said, “Damn, I wish there was a way I could get less of the books I enjoy and a way I could do less with them once I have them.” My goal here is to figure out what people actually want out of electronically delivered text, and so I'm giving this novel to you …

A note for downloaders: download this book. Enjoy it. If you feel so motivated, drop me a note and tell me how you used it and what you thought (and forgive me if I don't get back to you!). If you want to, go ahead and buy a copy and I'll get my royalty. But there's no obligation on you to buy it if you've read — you're not ripping me off — and forgive me, but I'm not interested in “tipjar” payments — I'm not in competition with my publisher here. Thanks for understanding, and I hope you enjoy the book.

Posted in Internet | 1 Comment

Something New to Worry About: Loss-of-Identity Theft

The ever-wonderful RISKS Digest brings warnings of Loss of Identity Theft

I was recently the executor of a relative's estate and was shocked to discover that I was able to cancel his private health insurance, his veteran's health benefits, one dozen credit cards, and all of his retirement direct deposit payments with simple phone calls. At no time did anyone ask me to prove that I was who I said I was or whether I had executor power over his estate. I simply presented a plausible sounding story, knew his social security number and his account numbers and was able to close his accounts over the phone. To make it even more interesting our last names are not even the same!

Posted in Law: Privacy | Comments Off on Something New to Worry About: Loss-of-Identity Theft

New Blog on Catholic Legal Theory

Say hello to the Mirror of Justice, a new blog “dedicated to the development of Catholic legal theory.”

The impressive (but maybe slightly right-leaning?) list of founder members say they don't always agree on matters of politics and even Church, but are united in that,

We all believe that faith-based discourse is entirely legitimate in the academy and in the public square, and that religious values need not be bracketed in academic or public conversation.

This blog will not focus primarily on the classic constitutional questions of Church and State, although some of our members are interested in those questions and may post on them from time to time. We are more interested in tackiling the larger jurisprudential questions and in discussing how Catholic thought and belief should influence the way we think about corporate law, products liability or capital punishment or any other problem in or area of the law.

Sounds like a conversation I'll enjoy eavesdropping on.

Just one request, though: please could you add an RSS feed?

Posted in Blogs, Legal Philosophy | Comments Off on New Blog on Catholic Legal Theory

The AWOL Issue Is On the Agenda

My brother's White House Briefing column today reports that Questions About Bush's Guard Service have “become a mainstream issue.” If it wasn't before, it is after this column, and the Post's fairly tame article by Lois Romano (assisted by the notorious Ceci Connolly, traveling with Kerry—expect him to be Gore'd any day now!—and researchers Don Puhlman and Lucy Shackelford in Washington).

I think these five, count them five, Post staffers all left out one fairly central point: GW Bush could presumably clear up this entire controversy in one minute, simply by authorizing the full release of his military records—something every major party candidate who was a verteran has done for the last few decades. Every single one, except GW Bush.

Who of course has nothing to hide.

Incidentally, I'd also like to know who had access to the records over the years, in case any documents are, say, missing, or contain serial numbers suggesting they were inserted out of sequence, both of which are allegations that are floating around. I'm sure the Pentagon keeps that sort of access record.

Posted in Dan Froomkin, Politics: US | Comments Off on The AWOL Issue Is On the Agenda

New Flash: A Congressional Democrat Finds His Spine!

In Congressman Urges Vote-Buying Inquiry the Washington Post reports that,

Rep. Steny H. Hoyer (D-Md.), the House majority whip, said the House Committee on Standards of Official Conduct should open a probe into statements by Rep. Nick Smith (R-Mich.) that GOP colleagues offered to funnel donations to his son's congressional campaign if Smith voted for the Medicare bill — and threatened to work against the son's bid if Smith voted against it

This is fairly nuclear, since,

His comments appear to undo an informal truce between Republicans and Democrats on ethics matters. Under a 1997 rule change, only members of Congress are allowed to make formal ethics complaints. On some occasions in recent years, the House ethics panel has acted only after criminal courts rendered judgments against members.

Of course, the Post really buried the leed, since the article contains the bombshell disclosure that the same government which can open a Breast Investigation in minutes, and promise to prosecute it quickly, can't find a Congressman to interview him even after six weeks have passed:

The Justice Department said in December that it was reviewing complaints filed by the Democratic National Committee and two independent groups about Smith's assertions. But Smith's chief of staff, Kurt Schmautz, said the congressman — who has promised to cooperate with any official inquiry — has not been interviewed by the Justice Department.

Posted in Politics: US | Comments Off on New Flash: A Congressional Democrat Finds His Spine!