Author Archives: Michael Froomkin

Just One More Step Away From Accountability

Daily Kos flags a Washington Post article on a new Bush administration tactic to avoid pesky questions from Congressional Democrats — simply announce that you will no longer answer them. Henceforth, the White House wll only aswer questions approved by (Republican) committee chairs. This ensures that nothing troubling will be asked, solving the problem of both volume and content in a single stroke.

Abstractly, you can imagine a world in which the flood of informational requests from the Congress begins to overwhelm the White House, although there is no evidence that we had reached that point. If the White House's response had been some sort of quota system, eg. N questions per representative per month get priority attention, the rest go to the bottom of the pile, I might understand that. In fact, however, the policy seems to be a response to questions about the provenance of the shipboard “Mission Accomplished” banner that Bush has been trying so hard to disown recently.

This is just dirty. And so is this White House statement, “It was not the intent to suggest minority members should not ask questions without the consent of the majority.” Right. In which case Director of the White House Office of Administration, Timothy A. Campen, should be fired quick, since he sent an email with a policy which can only be understood to do exactly that.

Given the unending stream of humiliations and provocations being visted on them, it would take saintly virtue for Congressional Democrats to refuse to retaliate in kind when, in due course, they become the majority party again. And while I tend to support Democrats more than other parties, I would not generally call them saintly.

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Presidential Candidates Can Turn Feral

Presidential candidates in decline can turn feral (actually, the same is true of any politician who feels the ground sinking beneath him or her). Dean is beginning to build an inevitability meme — or at least to grow his campaign to the point where (1) even smart analysts are afraid to bet against him (I heard an analyst on NPR today refuse to say that Dean couldn't win votes in the South, noting that Dean keeps beating his expectations), and (2) the campaign dynamic begins to be 'is there anyone other than Clark to become the ABD candidate'.

As the air gets sucked out of other campaigns, we'll see their real test of character begin. Will the candidates do the decent thing for the party and stick to the high road, even though it means likely defeat for their own candidacy? Or will they do the expedient thing, and do George Bush's work for him by going nasty, mean and negative?

Continue reading

Posted in Politics: US | 1 Comment

Almost the Ultimate Dog Headline

Yes, here it is, not quite “Man Bites Dog,” but nearly the ultimate headline and certainly the stuff for a slew of good law school hypotheticals, Dog Shoots Man. [Update: the link died, but there's a better one.]

ARIS (Reuters) – A French hunter was shot by his dog after he left a loaded shotgun in the trunk of his car with two dogs and one of the animals accidentally stepped on the trigger, police said Wednesday. …

[Update 2: It's a regular epidemic! It happened in New Zealand in December.]

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We’re Hosting the First Presidential Debate!

“The first debate will take place Sept. 30, 2004 at the University of Miami in Coral Gables, Fla.” says this article.

Now, how do I get a ticket?

Actually, this isn't as great news as it could be, since rumor has it that U.M. will have to fork out serious cash as host institution….

More about the debate organizers.

Posted in Politics: US, U.Miami | Comments Off on We’re Hosting the First Presidential Debate!

Fruits of the Bush Doctrine

Putin reaffirms Russia's right to preemptive strikes

President Vladimir Putin has reaffirmed his position that Russia can resort to preemptive military strikes because the policy is also practiced by the United States.

“If the principle of preventive use of force continues to develop in international practice, then Russia reserves the right to act in an analogous manner to defend its national interests,” Putin said in an interview whose transcript was released Tuesday.

Mind you, this is more bluster than anything else — for now:

But later, speaking in the United States, he assured NATO countries that Moscow was not seeking to adopt a preemptive nuclear strategy.

“Russia still regards nuclear weapons as a means of political deterrence. We do not envisage a scenario or a situation where we would use such weapons first,” said Ivanov on October 9.

Nevertheless, if the Bush Doctrine is to be taken seriously, there's no way to limit its use to invasions by nations we like — or against nations we don't like.

It's probably not too late for the next administration to undo the damage to international legality; given the wide range of candidates, it's quite unclear whether the next administration will consider this a priority, or even want to.

Posted in Law: International Law | Comments Off on Fruits of the Bush Doctrine

Cryptome Gets a Visit From the FBI

FBI Visits Cryptome: Special Agent “Kelly said such visits are increasingly common as the FBI works to improve the reporting of information about threats to the US.

I wonder if visiting web site operators to ask them to report stuff to the FBI is really the best use of our federal police force: Two agents for this? Or even one?

Note that while I can't say I'm delighted by the FBI going to web site operators and asking them to be government informants (for the same reasons I wouldn't like the FBI to do this to other types of reporters), as far as I know it is legal. And so long as these meetings are not attempts to intimidate, and as long we don't get people being investigated merely for being uncooperative when asked to become FBI informants, they're certainly something we can live with.

I've long believed that journalists have the same basic duties as other citizens, just as other citizens have the same First Amendment rights as journalists. That means that reporters should sometimes feel morally obligated to share information with the cops, especially if it affects public safety. Nevertheless, I think that the FBI, in an exercise of good taste and resource prioritization, ought to be able to find something more useful to do.

Earlier post of mine about Cryptome is here.

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