A Farthing for Your Thoughts: Judging by her notoriety, as well as the fact that it's incredibly easy to win a libel suit in the U.K. (even Roman Polanski was able to win there), being awarded less than $6 thousand in damages seems almost insulting. I doubt Keira paid her attorneys less than that to prosecute the action in the first place.

Desperately trying to distract the attention of a rapt nation from today's volcano eruption, and/or the Stanley Cup Final starting on Monday (Go Ducks !!!) Mickey Kaus is now doing Immigration Reform 24-7, and asks:

Remember when the respectable, bipartisan policy types routinely tarred those who favored welfare reform as bigots who scapegoated blacks and the poor? That didn't really work for them in the end, did it?

Actually, for a long time, "welfare" really was a wedge issue, geared at scapegoating blacks and the poor, but mainly blacks; it was the focus of Reagan's 1976 challenge to Gerald Ford, and it was clear at the time that his intentions weren't to end a program that created stifling dependency and encouraged out-of-wedlock children, but to speak code to the party base. Since there wasn't any substance to his arguments, attempts to reform welfare went nowhere during Reagan's Presidency, in spite of his popularity. It wasn't until those who were sincere about the issue disassociated themselves from the bigots that welfare reform gained traction, and it wasn't until a sympathetic Democratic President got elected that any change in the system became possible.

I suspect that's why conservative opponents of illegal immigration are losing this argument. There may be a liberal argument for tightening the borders, based on protectionist sentiment or on opposition to using low-wage, low-skill immigrant workers to flatten wages, but it's the Tancredos and the Malkins of the world who get the attention. Having them on your side is not unlike having the Trotskyites at ANSWER be the ones organizing anti-war rallies. Sometimes you have to police your own ranks to purge the people who support your cause for the wrong reasons.

One of the pet gripes when I first started blogging five years ago was the lousy nature of ESPN Classic, so I would be remiss if I didn't mention that the station has actually gotten worse since then. It's gone from unimportant, unmemorable college games it aired because it happened to have them in the vault, to replays of bowling, poker, NASCAR and Arliss reruns. Jeez, the same people own ABC, so you'd think it wouldn't be a problem to show old Monday Night Footballs or Cosell-announced title fights, but apparently the folks there would rather own the distinction of broadcasting the world's worst cable channel.

USADA v. Landis: Reading between the lines, it's a fair bet to say that the prosecution has pretty much given up trying to justify the "science" behind the positive doping tests, or legitimate the procedures used by the various labs, and are instead trying to prove that because Floyd Landis' manager made a cruel phone call to a possibly unhinged witness, the 2006 Tour de France champion must have been on the juice. The LA Times headline, "Landis Asked About Wardrobe" (a reference about how a good deal of the cross-ex yesterday centered, swear to Kobe, on the color of tie Landis chose to wear last week), on a day when the prosecution had an opportunity to challenge his statements on direct about how he had never doped, but failed to do so, says about all we need to know about who has made the more persuasive case.

Joementum: Why does anyone take this story seriously? His departure won't switch control of the Senate (that was decided when the Senate voted to organize back in January, and it can't be undone unless the GOP can invoke cloture on a potential filibuster), and he rarely votes with the party when it counts anyways. He won office as an independent, so there's no moral claim that Democrats have on him to stay onboard. Reid should tell him to get lost, and not have the door hit his ass on the way out.

Some decent songs here, but frankly, Sugar Ray, Oasis, the Proclaimers and the Rembrandts were about as "alt-rock" as the Spice Girls. Sadly, Matthew Y.'s taste in music is as lily white as Augusta National.

More daily wisdom, from The Terrorist's Dictionary:

testify – verb

1. To fail to recall; forget.
2. To misremember.
3. To smile blandly.

A good, Kenneth Anger-esque primer on l'Affaire Pellicano, in of all places, the New York Times, here. Since his arrest on wiretapping charges a few years back, the raging juggernaut associated with the world's most infamous private detective was supposed to grind Hollywood's Power Elite into dirt, and it obviously hasn't turned out that way; the only people caught in the backdraft so far have been some peripheral figures, like a director and a couple of entertainment lawyers. No Bert Fields, no Michael Ovitz, no Tom Cruise; it's a bunch of nobodies, as far as the public can tell, which is far more interested in the trial of Phil Spector.

It's as if James McCord and John Dean had fallen on their swords in 1973, rather than bringing down the President. But the story is there, and this piece allows the outsider a chance to unlock the code, to see how the various pieces fit together, even if law enforcement can't figure out a way yet to build viable prosecutions against important Hollywood muckety-mucks. The recent revelation that Pellicano did a bit of work for producer Stephen Bing several years ago may revitalize the story, though, particularly as it may shift attention to work the detective allegedly did for certain friends of the Bing a few years before.

The article is co-written by Allison Hope Weiner, with whom I went to law school back in the day, and whose appearance on a panel before the LA Press Club on the "stalkerazzi" caused quite a buzz among the bloggers and freelancers in attendance (and it's already on YouTube; as far as her moot courts skills are concerned, she hasn't lost an inch off her fastball). It's a sign of how disinterested the local paper of record is in entertainment journalism that she's doing freelance work for the New York Times, rather than owning the same beat for the LA Times, but there you have it. She writes about The Business the way Bill James writes about baseball, with a take-no-prisoners approach and an unwillingness to be accept as gospel whatever cliche or cant is peddled. Back when she wrote for Entertainment Weekly, she was the sort of writer who would take a Hollywood "truism", like "all actresses are unemployable after they reach forty," or "bad reviews make no difference at the box office," and actually examine whether it's true. She'd make a kick-ass blogger, if she wanted to get her fingernails dirty and join the fray.

Wankers: It's not hard to see why so much of the punditocracy holds the blogosphere in such low esteem. From a Daily Kos post this morning, on what it described as a "love letter" by The Voice of the People to the Commander in Chief:

But Broder's admiration for these two men knows no bounds. They are "driven by the nightmare" of terrorist attacks that "armed both men with a conviction" to battle evil-doers. Blair spoke "brave words," while Bush "spoke from his heart." All this in the face of knowing the "awful price" that Blair has paid for standing with Bush, and even as Bush is "humiliated daily," by the press. The humanity.

And Bush is not only the victim of a vicious press corps:

...but also by the incompetence of his own appointees.

Why, the way Bush's adversaries act, you'd think that Bush was responsible for appointing the incompetent jackasses.

Broder finishes this love letter by saying:

History will record that both of them saw the threat to the West posed by terrorism and responded courageously.

Only if Broder writes the history books.

And here's how Broder actually concluded said "love letter":

While the American president cannot be forced out of office against his will, he can be humiliated daily -- not only by his political adversaries but also by the incompetence of his own appointees. While standing with Blair, Bush was asked about recent disclosures of the wayward actions of two of them, World Bank President Paul Wolfowitz and Attorney General Alberto Gonzales, and he responded lamely to both questions. The fragile structure of his administration makes Bush's bragging sound delusional. He told reporters that he and Blair have "filled a lot of space together," because "we have had a unique ability to speak in terms that help design common strategies and tactics to achieve big objectives."

History will record that both of them saw the threat to the West posed by terrorism and responded courageously. The wisdom of their policy and the conduct of their governments are not likely to be judged as highly. (Emphasis added)

It shouldn't be that hard to do a hatchet piece on David Broder without having to wilfully take his comments out of context. Most "love letters" I've read usually don't accuse the subject of being "delusional," or note that the subject "lamely" responded to tough questions. And they certainly never conclude with a judgment that history will not hold their actions in high regard.

Why can't the kids today perform in v-neck sweaters?

I had a brief conversation with another blogger about a month ago. He used to post frequently back in the day, but in recent years, his work imposed a greater and greater burden on him, to the point where he'd post perhaps once a month. He told me that he often would be inspired to write something, only to go to Kevin Drum's site and find that he'd already written the same thing. I know what that feeling's like.

Two opinions on the death yesterday of Jerry Falwell:

The Reverend Jerry Falwell and I were arch enemies for fifteen years. We became involved in a lawsuit concerning First Amendment rights and Hustler magazine. Without question, this was my most important battle – the l988 Hustler Magazine, Inc., v. Jerry Falwell case, where after millions of dollars and much deliberation, the Supreme Court unanimously ruled in my favor.

My mother always told me that no matter how much you dislike a person, when you meet them face to face you will find characteristics about them that you like. Jerry Falwell was a perfect example of that. I hated everything he stood for, but after meeting him in person, years after the trial, Jerry Falwell and I became good friends. He would visit me in California and we would debate together on college campuses. I always appreciated his sincerity even though I knew what he was selling and he knew what I was selling.

The most important result of our relationship was the landmark decision from the Supreme Court that made parody protected speech, and the fact that much of what we see on television and hear on the radio today is a direct result of my having won that now famous case which Falwell played such an important role in.

--Larry Flynt

The empty life of this ugly little charlatan proves only one thing, that you can get away with the most extraordinary offenses to morality and to truth in this country if you will just get yourself called reverend.

Who would, even at your network, have invited on such a little toad to tell us that the attacks of September the 11th were the result of our sinfulness and were God's punishment if they hadn't got some kind of clerical qualification?

People like that should be out in the street, shouting and hollering with a cardboard sign and selling pencils from a cup.

The whole consideration of this -- of this horrible little person is offensive to very, very many of us who have some regard for truth and for morality, and who think that ethics do not require that lies be told to children by evil old men, that we're -- we're not told that people who believe like Falwell will be snatched up into heaven, where I'm glad to see he skipped the rapture, was found on the floor of his office, while the rest of us go to hell.

--Christopher Hitchens (both links via Hit and Run)

John Ashcroft, the Voice of Reason, Defender of Civil Liberties, Face of Time, Picture of Life, etc., blah blah blah...whodathunkit?

President Bush intervened in March 2004 to avert a crisis over the National Security Agency’s domestic eavesdropping program after Attorney General John Ashcroft, Director Robert S. Mueller III of the F.B.I. and other senior Justice Department aides all threatened to resign, a former deputy attorney general testified Tuesday.

Mr. Bush quelled the revolt over the program’s legality by allowing it to continue without Justice Department approval, also directing department officials to take the necessary steps to bring it into compliance with the law, according to Congressional testimony by the former deputy attorney general, James B. Comey.

(snip)

Mr. Comey, the former No. 2 official in the Justice Department, said the crisis began when he refused to sign a presidential order reauthorizing the program, which allowed monitoring of international telephone calls and e-mail of people inside the United States who were suspected of having terrorist ties. He said he made his decision after the department’s Office of Legal Counsel, based on an extensive review, concluded that the program did not comply with the law. At the time, Mr. Comey was acting attorney general because Mr. Ashcroft had been hospitalized for emergency gall bladder surgery.

(snip)

Mr. Comey said that on the evening of March 10, 2004, Mr. Gonzales and Andrew H. Card Jr., then Mr. Bush’s chief of staff, tried to bypass him by secretly visiting Mr. Ashcroft. Mr. Ashcroft was extremely ill and disoriented, Mr. Comey said, and his wife had forbidden any visitors.

Mr. Comey said that when a top aide to Mr. Ashcroft alerted him about the pending visit, he ordered his driver to rush him to George Washington University Hospital with emergency lights flashing and a siren blaring, to intercept the pair. They were seeking his signature because authority for the program was to expire the next day.

Mr. Comey said he phoned Mr. Mueller, who agreed to meet him at the hospital. Once there, Mr. Comey said he “literally ran up the stairs.” At his request, Mr. Mueller ordered the F.B.I. agents on Mr. Ashcroft’s security detail not to evict Mr. Comey from the room if Mr. Gonzales and Mr. Card objected to his presence.

Mr. Comey said he arrived first in the darkened room, in time to brief Mr. Ashcroft, who he said seemed barely conscious. Before Mr. Ashcroft became ill, Mr. Comey said the two men had talked and agreed that the program should not be renewed.

When the White House officials appeared minutes later, Mr. Gonzales began to explain to Mr. Ashcroft why they were there. Mr. Comey said Mr. Ashcroft rose weakly from his hospital bed, but in strong and unequivocal terms, refused to approve the eavesdropping program.

“I was angry,” Mr. Comey told the committee. “I had just witnessed an effort to take advantage of a very sick man, who did not have the powers of the attorney general because they had been transferred to me. I thought he had conducted himself in a way that demonstrated a strength I had never seen before, but still I thought it was improper.”

Let the Eagle soar....

One of the funniest books of the last ten years, How to Lose Friends and Alienate People, is set to become a movie, with Simon Pegg (of Shaun of the Dead fame) slated to play former English expatriate Toby Young. On his blog, Young also announced that Kirsten Dunst will co-star (it's not yet on IMBD), although it's unclear whether she will play his ex-girlfriend, future wife, or Sophie Dahl, or, even better, a character that won't require her to use an English accent (and further checking confirms the latter).

"The Terrorist's Dictionary," a blog straight out of Brooklyn that figures to give Ambrose Bierce a run for his money, looks to be a keeper. Some examples:

stem cell - noun

1. a human being.
2. a person.

COMMENT: Many people falsely believe that an embryo is a person. In fact, a mere four-to-five-day-old blastocyst contains 50 to 150 stem cells (read: persons), rendering abortion murder with special circumstances.


habeas corpus - noun

Law - a writ requiring a suspect to be brought before a court, so that his torture may be legally sanctioned.

[Origin: Latin: lit., "have the body (so that it may be tortured)."]

COMMENT: As the Latin of the phrase suggests, this is an outmoded legal protocol that has fallen into disuse. The courts have ceded their authority over torture as a violation of the constitutional separation of powers and as a wartime inefficiency.

Killing Sparrows with Howlitzers: Easily the worst contribution the blogosphere has made to our culture has been its obsessive media bashing. Fact checking and exposing the latent biases of the Beltway Punditocracy is cool and all that, but do we really need essay-length jeremiads about how Thomas Edsall is completely, totally, massively stupid for stating that David Broder is the "Voice of the People.," as if that's what he literally meant. It's fine and dandy to "work the ref" in service of a higher ideological end, but even Bobby Knight does some real coaching on the side.

I always thought the "Oil-for-Food Scandal" was one that was hyped by the right wing to provide an ex post facto rationalization for their little adventure in Iraq, but little did I know that the real scandal was "Oil-for-Rice."

The oft-excellent Avedon Carol has a good post tying together Girls Gone Wild, predatory student loan practices, and Justice Kennedy's recent decision on late-term abortions, that's worth reading.

Like many other conservatives, Mickey Kaus has made a bugbear out of teachers' unions, without providing much in the way of support for why he feels breaking the union will bring about a paradise on earth for those concerned about education. Matthew Yglesias calls his bluff, and Kaus, rather than putting up, instead refers people to a blog called Eduwonk, which from my brief review seems to blame much of the woes of our educational system on the quality of teachers, but while critical of the unions, doesn't seem to provide much in the way of evidence that the union representing teachers is responsible for the quality shortfall or any other defects in our educational system.

I probably have more close friends who are public school teachers than I have lawyer pals, so what I write is clearly anecdotal, but from what I have seen, they work 24-7 at their jobs. There may have been a time when teachers everywhere earned poverty-level incomes, and the only people who could possible want the jobs were either affluent zealots who felt they had a calling or those who weren't bright enough to get into graduate school, but that isn't really true anymore, in large part thanks to the economic gains the unions have helped teachers make. Insofar as I've seen no evidence that the educational system is better in states where there are no collective bargaining entities negotiating teacher pay and working conditions, I fail to see how "busting" the unions will solve all of the problems.

Moreover, it would seem that the public is somewhat disinclined to blame the teachers for the perceived failings of the educational system. The favorite conservative policy, school vouchers, has been poorly received whenever it's appeared on the ballot, even though there's always some deep pocket ready to finance any initiative that would hurt teachers' unions. It's hard to see how vouchers constitute a "solution," in any event, since the public will inevitably demand that the tax dollars going to private schools be supervised, most likely by the same bureaucrats who run the public schools (it also raises the obvious question that if private or parochial schools are doing so well, why do they need vouchers in the first place?).

This seems to be an old argument, anyway. Was there ever such an Edenic Age when the public didn't think it had a problem with the educational system? You can boil down whatever gripes you might have with public schools, and toss up whatever solutions you might think are workable, and in the end, the only really important factor is whether a student is motivated to learn. That requires good teaching, to be sure, but infinitely more are the values that are stressed at home. A child who is raised to believe that a good education is important and is valued by his parent(s) will be more likely to succeed in school, no matter how rotten his teachers are and no matter how much power the unions have.

Who said Free Trade doesn't benefit everyone: