Author Archives: Michael Froomkin

Truth, the Final Frontier

I haven't been posting about the various GWB insanities regarding the Veep, Gonzales, the Prosecutors, etc. etc. because, well:

  • I'm busy
  • It's all too depressing
  • TPM & The Carpetbagger Report have been doing such a great job of it

Here's part of an especially good one from Thecarpetbaggerreport, The truth is apparently out of the question:

The White House “offer” to the Senate Judiciary Committee was fairly straightforward: if members wanted to talk to WH staffers about the prosecutor purge, the discussions had to be a) private; b) not under oath; and c) without transcripts. It’s that last one that never made any sense.

Indeed, the Bush gang never even tried to rationalize it. That is, until today.

The White House organized a conference call this morning with an official who certainly appeared to be Counsel Fred Fielding, who finally shed some light on why the president would make staffers available for private interviews, but only if there was no transcript of their remarks.

“Obviously, there has been a lot of discussion back and forth in that regard. The position that the president took and conveyed to the committees and the offer of compromise did not include transcripts. The accommodation was designed to provide information, not to appear to be having testimony without having testimony. One of the concomitants of testimony, of course, is transcripts.

“As far as the debate goes, often cited is that a transcript is not wanted because otherwise there would be a perjury trap. And, candidly, as everyone has discussed, misleading Congress is misleading Congress, whether it’s under oath or not. And so a transcript may be convenient, but there’s no intention to try to avoid telling the truth.” (emphasis added)

Got that? As Fielding sees it, if there’s a written record of what Bush’s aides say, senators might have proof if they lie. It’s preferable, then, to have no record and simply assume that White House staffers are being honest. And if you disagree with any of this, you prefer “confrontation” to cooperation.

He did not appear to be kidding.

571 more long days until it's over.

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

Desegregation: Don’t Panic

Daily Kos not only says the glass is empty, but that we're entering the desert, SCOTUS: Segregation Now, Segregation Forever?.

But Eric Muller sees an oasis in the desert, In Seattle, Diversity Isn't A Black-And-White Issue:

It appears that what Seattle was really after was not “diversity,” but ensuring that no school would be excessively non-white. Perhaps there is a case to be made that compelling benefits flow from having adequate numbers of white students in all of a district's schools (as distinguished from the benefits that flow from true “diversity.”) But I don't think the school district made that case — and in any event, I'm pretty skeptical of the claim.

And at SCOTUSBlog, Tom Goldstein more or less agrees, Analysis: Justice Kennedy and a Warning Against Overreading the School Cases:

One reading of today’s decision in the race cases is that the Supreme Court has outlawed programs that seek to increase racial diversity in the schools. Justice Kennedy’s concurrence does not adopt that view, however. And because his is the fifth vote, it is controlling. The better view, I think, is that the Court today has come close to extending the Grutter model to the lower school context, holding that school districts may account for race as one factor among many in student placement.

I haven't had a chance to read the opinion with the necessary care, but this feels correct. The sky has not (yet) fallen.

Posted in Law: Constitutional Law | 1 Comment

Market Failure

How is that I first heard of Harvey Danger yesterday? And not via Pandora, but via this peculiar bit of lip-synching hosted at we-want-to-be-your-friendly-video share/repository vimeo? (Actually, it doesn't compare all that badly to the band's video for Flagpole Sitta …)

Seems that Harvey Danger has been around for over a decade — it's not going to be my favorite band, but it's an appealing and energizing mix of rock, rockabiliy, punk, and lyrics with just enough references to be interesting. I bet they are a blast in concert.

Posted in Kultcha | 4 Comments

Worst Pun of the Month

Easily the worst techie pun of the month over at UserFriendly.

Ouch.

Posted in Completely Different | 2 Comments

Today’s Strange Florida News

The headline in the print version of the Herald says it all: “Man With Bad Headache Learns His Wife Shot Him”; the online version's headline is less funny.

A woman was arrested Tuesday after her husband woke up in the middle of the night with a terrible headache and later learned he had a bullet lodged in his head.

St. Lucie County sheriff's deputies initially thought Michael Eugene Moylan had been hit by a stray bullet, but later realized the couple's story did not match up, Sheriff Ken Mascara said.

April Moylan, 39, was arrested Tuesday night and charged with possession of a firearm by a convicted felon, Mascara said. Moylan was being held in jail.

I can hear the jokes already…

Posted in Florida | 1 Comment

Pandora Is Silent Today

Pandora is silent today, as are most other internet radio stations. Here's the letter explaining why:

A Day of Silence

Hi, it's Tim from Pandora,

I'm sorry to say that today Pandora, along with most Internet radio sites, is going off the air in observance of a Day Of Silence. We are doing this to bring to your attention a disastrous turn of events that threatens the existence of Pandora and all of internet radio. We need your help.

Ignoring all rationality and responding only to the lobbying of the RIAA, an arbitration committee in Washington DC has drastically increased the licensing fees Internet radio sites must pay to stream songs. Pandora's fees will triple, and are retroactive for eighteen months! Left unchanged by Congress, every day will be like today as internet radio sites start shutting down and the music dies.

A bill called the “Internet Radio Equality Act” has already been introduced in both the Senate (S. 1353) and House of Representatives (H.R. 2060) to fix the problem and save Internet radio—and Pandora—from obliteration.

I'd like to ask you to call your Congressional representatives today and ask them to become co-sponsors of the bill. It will only take a few minutes and you can find your Congresspersons and their phone numbers by entering your zip code here .

Your opinion matters to your representatives – so please take just a minute to call.

Visit www.savenetradio.org to continue following the fight to Save Internet Radio.

As always, and now more than ever, thank you for your support.

-Tim Westergren
(Pandora founder)

Please help save Internet Radio.

Posted in Law: Copyright and DMCA | 6 Comments