As you probably heard, President Bush announced today that Judge Samuel A. Alito, Jr. is his next nominee to fill O’Connor’s seat on the Supreme Court. I am reserving judgement on the Judge Alito until we know more about his record, although at first glance he seems like a reasonable nominee. He’s been an appellate judge for over fifteen years, he seems to be well liked and well respected among the judicial community, and at least so far no one has come up with any rulings that are too off-the-wall. And unlike Roberts and Miers, he has a significant paper-trail, so we are likely to hear quite a bit about him over the next few months.

Politically, this nomination was a bit of a risk. President Bush wanted to get another name out into the public eye quickly, if nothing else to push the scandals, mistakes, and tragedies of last week off the front-page. So far, so good. And certainly no one can accuse Judge Alito of being unqualified or a Bush crony. He’s been an appeals court judge at the federal level for over fifteen years; you don’t get better qualifications than that. He has also been through a confirmation process before. By rushing the nomination, however, they run the risk of not fully vetting the candidate; it increases the possibility that Judge Alito may have some skeletons in his closet that could derail the nomination and further embarrass President Bush. Also, because Judge Alito has such an extensive and public judicial record, there is some possibility of finding some things that he once wrote or said that will come back to haunt him now.

As for the politics of it all, well, so far everyone is seeing in Alito what they want to see. Moderates on both sides of the aisle are cautiously optimistic that Alito could be moderate enough to have a smooth confirmation and allow the Senate to get some real business done pretty soon. Radicals on both sides are hoping that he will prove to be so conservative that he will force a knock-down drag-out fight that could fundamentally alter forevermore the way that the Senate confirms judges. If that happens, keep an eye on the gang of fourteen:

John McCain (R-AZ) will support, at least publicly, if he has any hopes of running in 2008.

Lindsey Graham (R-SC) has already given unconditional support, which is not surprising, and indicated that Judge Alito is not the extremists that he had in mind when he signed off on the compromise; he was the most conservative of the gang. Also on the judiciary committee.

Michael DeWine (R-OH) Has expressed support for the nomination already, and is a member of the judiciary committee. If the nomination is filibustered on the Senate floor, however, keep an eye on both him and John Warner (R-VA); they will be the swing votes on any Republican attempt to change the filibuster rules.

Olympia Snowe (R-ME), Susan Collins (R-ME), and Lincoln Chafee (R-RI) could decide to buck the president on this nomination, if they so choose. If the hearings go poorly for Judge Alito, these three could make life very difficult for the nominee on the Senate floor. Don’t expect any of these three, nor McCain for that matter, to support any attempt to eliminate the filibuster.

Joseph Lieberman (D-CT) is the wild card on the Democratic side. His support for Alito would seal the deal; his public opposition could signify that a filibuster is in the works. Expect him to play his cards close to his chest, however, until well into the confirmation hearings.

Ben Nelson (D-NE) will also be an important player in all of this. He was reportedly the Democrat most responsible for putting the Gang together. He doesn’t carry enough weight or seniority to make as big a splash as Lieberman, but if he supports Alito (and there will be significant pressure on this conservative Democrat from Nebraska to do just that), a filibuster would become extremely difficult.

Expect the other Democrats in the gang–Robert Byrd (D-WV), Mary Landrieu (D-LA), Daniel Inouye (D-HI), Mark Pryor (D-AK), Ken Salazar (D-CO)–to follow the party line on the filibuster, but to vote for the nomination should he come through the committee unscathed. That being said, Byrd could find himself in quite the bind; he is facing a more significant than usual challenge in 2006, and has to be careful about being perceived as too liberal.

Finally, the most important role in all of this, of course, will be played by the Chairman of the Senate Judiciary Committee, Arlen Specter (R-PA). Specter will play the loyal Republican soldier in the public eye, for now, and will do nothing to impede Alito’s progress through the committee. But if this whole business comes to a contentious floor fight or a potential filibuster, Specter had better be convinced that Judge Alito will be respectful of precedent, especially on Roe v. Wade. Specter’s a smart guy, he enjoys going on television, he’s popular with moderates across the country, he has no intention of running for President, and he was attacked ruthlessly by the Religious Right during his last primary campaign because he is pro-choice. If push comes to shove and Specter is not fully convinced, he could make life very hard for the nominee.

 

I like Halloween. Its mostly because I like candy, and any excuse to get candy makes me happy. But beyond that, I like the costumes, and the pumpkin carving, and the decorations, and all of the general pageantry involved. And I had always thought of Halloween as a secular holiday — one that people of all religions could celebrate because, while it may have had religious origins , nobody really celebrated it for those reasons.

But apparently, Halloween is offensive to certain religions. And because it is offensive to certain groups, some schools are banning the holiday altogether. The Puyallup school district in Washington banned Halloween as offensive to Wiccans . Meanwhile the Dallas suburb of Coppell is banning Halloween because its offensive to Muslims, Christians, and Jews. Lots of other schools are doing bans as well, but in the interest of brevity, I’m not gonna list them in this post.

I’m a firm believer in the separation of church and state. And because of this, I’m not sure what to make of this Halloween issue. It strikes me that whatever pagan origins Halloween may have at one point had, it is entirely secular now. Nobody wearing a devil costume is praying to the devil any more than a person in Groucho Marx glasses is worshiping the Marx brothers. I am completely against schools forcing a particular religion or religious beliefs onto students, but at the same time, I really have trouble believing that having costumes on Halloween does that.

Maybe its best to play it safe. If people of certain religions feel their rights are being violated, why not just get rid of Halloween celebrations in school so as to avoid stepping on religious toes? But, I have such fond childhood memories of Halloween, and it seems like such a loss to the kids to remove such a fun holiday from them. Especially when I just can’t see it hurting anyone.

 

Bill Kristol, editor of The Weekly Standard and regular FOX News contributor, was on The Daily Show last night. (If you didn’t see it, by the way, make sure to watch the “Roker Wrangler” video on The Daily Show home page… the most absurd thing that I’ve ever seen the Today show do, which is a feet not easily accomplished.) Bill Kristol is an intelligent, well-spoken conservative, who really believes that removing Saddam Hussein from power was the right move, a position he has advocated for almost a decade. He admires Bush’s courage and tenacity in pushing for the Iraq war, although he has shown some regret over how the war has been managed. So, I thought it might be useful to take a critical look at some of his arguments about why invading Iraq was the right thing to do.

Saddam Hussein posed a threat to American interests. He had invaded his neighbors twice, attacking Iran in 1980 and Kuwait in 1989. He had used chemical and biological weapons in the Iran war, and had subsequently used them against his own people to quell rebellions. He was a known supporter of several terrorist groups, including a couple groups with ties to al Qaeda. The containment strategy was deteriorating, and was causing increasingly strained relations between America and its allies, and the oil-for-food program was corrupt and ineffective. There was mounting pressure to lift the sanctions on Iraq and we couldn’t just leave Saddam in full control. Furthermore, the weapons inspections were not consistent, they were constantly being denied necessary access and being circumvented, and were not reliable, to the point that most neutral observers, including several of our allies and even President Clinton, believed that Saddam still maintained stockpiles of WMDs.

Upon closer inspection, however, this argument falls apart. Saddam did invade his neighbors twice, both times when his neighbors were week and isolated, and both times after receiving some assurances that the United States would not ally with his opponent. When he invaded Iran, it was a pure land-grab to take advantage of the new theocratic government that had just been installed. The United States was not likely to involve itself on Iran’s side, and in fact we even sold weapons and gave some diplomatic support to Iraq during the course of that war. And it is true that Saddam used WMDs against Iran, but he only did so when the war started going badly and Iraq itself was threatened with invasion. Before it was invaded, Kuwait had successfully isolated itself from both its own neighbors and from the United States. The world community was more interested in the fall of communism, and Saddam had received some preliminary assurances that as long as Iraq did not threaten the oil pipelines, that the United States wouldn’t care about the fate of a random Persian Gulf monarchy that most Americans had never heard of. When Desert Storm did start, Saddam kept his best units, including all of those trained in the use of chemical and biological weapons, in Iraq, largely guarding Baghdad.

In other words, Saddam was a bully, but an opportunistic one who had no real desire to fight the United States or inflame the world too much. Kuwait was a miscalculation, and once he realized his error, he was not likely to try again. Furthermore, his uses of chemical and biological weapons were always against direct threats to his own power. As for his support of terrorism, the vast majority of it was aimed against Israel; it has never been demonstrated that any Iraqi money went to finance direct attacks aimed at the United States. Saddam was a secular leader interested in his own personal power, and was therefore a natural enemy of al Qaeda. Also, remember that ego-maniacal, power hungry leaders like Saddam Hussein don’t just give away their best weapons to anyone who asks, especially not to unpredictable organizations like terrorist groups. Furthermore, while the containment strategy was beginning to show its age, it was by no means obvious that Iraq could not have re-entered the world community as a reasonably peaceful member. For one thing, many of those people who did think that Saddam had WMDs didn’t want to invade Iraq; the one does not logically follow from the other. For another, it turns out that Saddam really didn’t have WMDs, indicating that perhaps the containment strategy was working quite a bit better than anyone, including its supporters, thought that it was working.

In short, Saddam Hussein was a bad guy, but not a direct or immediate threat to American interests. Certainly not enough to warrant the massive troop commitment, money, and international good-will that the invasion has cost.

The Middle East, and in fact the world, is better off with Saddam Hussein gone. Again, Saddam Hussein was a threat to his neighbors, and to Middle East stability in general. He was very anti-Israeli, and had no qualms about supporting anti-Israeli terrorist groups, or even attacking Israel directly if it served his purposes. Don’t forget that he launched missiles at Tel Aviv during the Persian Gulf War, even though Israel was not involved in Desert Storm. By removing Saddam, the United States lent credibility to its threats against other “rogue nations”, which has lead directly to improved behavior from Libya and to the reform movement now taking place in Lebanon. Furthermore, once Iraq is a stable democracy, it will serve as a useful ally in the Middle East, it can help export that democracy to other Middle Eastern countries, and will serve as a great example for the rest of the world.

Their are problems with this argument as well. As I have previously discussed, Saddam had been a threat to its neighbors, but only when the United States was uninterested or supportive. Simple American involvement in the Middle East, coupled with firm, vocal resolve to thwart any Iraqi aggression, could have easily put kept Iraq on its leash. As for Israel, well, history has shown as that Israel is perfectly capable of taking care of itself. Israel will continue to have poor relationships with its neighbors until the Palestinian issue is resolved, and until that time any Iraqi government will feel some pressure to act aggressively towards Israel. It is not clear exactly how removing Saddam from power makes Israel all that much more secure than it was before. As for threat credibility, it is true that the Iraq invasion seems to have scared Libya away from its quest for nuclear weapons, at least for awhile. Only time will tell, of course, if this change of heart is permanent or not. As for Lebanon, despite the assertions I have seen no solid connection between our invasion of Iraq and the assassination of the Lebanese Prime Minister or the ground-swell of Lebanese public opinion against Syrian involvement that assassination caused. And, by committing so many troops to Iraq for so long, and dealing with the incumbent drop in international support, we have actually lost ground in our negotiations with North Korea, by far our most dangerous international enemy. North Korea knows that we are weak and spread too thin, and it has no qualms about taking advantage of that weakness.

Furthermore, the picture of an allied, stable, democratic Iraq is incredibly unlikely. I can think of one country that has formed a stable Democracy on its first Constitution, without facing either civil war or some kind of autocratic reversion: Japan after World War II. And, to refresh your memories, Japan was an industrialized, homogeneous state, with a motivated, educated, and skilled workforce, strong ties cultural ties to the Imperial family (with whom the new constitution was to be affiliated, something that gave the new Constitution some continuity with the past), Japan was effectively governed by us for a decade, and still today has its international security provided by the United States. Iraq has none of those structural advantages, and I seriously doubt if the United States has the will-power to “stay the course” in Iraq through two more presidential elections. If you look at how the democratic experiments have gone in countries with a similar economic and ethnic make-up to Iraq, you will discover a litany of civil wars, military coups, oppression and regional instability that has comprised the history of such places as Nigeria, South Africa, Congo, Colombia, and Venezuela. Even President Bush has said, leaving Iraq in that state would have been worse than leaving Saddam Hussein in power, and yet this is the most likely scenario. Even should the impossible happen, and Iraq quickly discover a stable democracy, there is no guarantee that this new democracy will be friendly to either American or Israeli interests. Iraq is exactly the kind of state that is reasonably likely to elect a theocratic or Marxist government. Anti-American rhetoric, after all, is a crowd-pleaser in many poor countries who feel that they are being exploited by American companies only interested in their natural resources.

In short, there are many reasonable, intelligent people who think that kicking Saddam Hussein out of Iraq was the right thing to do. Unfortunately, a careful examination of the historical record just does not support their logic. The big democratic experiment that is the war in Iraq is almost guaranteed to fail.

 

As seen on Meet the Press yesterday, regarding possible charges against Rove and Libby:

SEN. KAY BAILEY HUTCHISON: Tim, you know, I think we have to remember something here. An indictment of any kind is not a guilty verdict, and I do think we have in this country the right to go to court and have due process and be innocent until proven guilty. And secondly, I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn’t indict on the crime and so they go to something just to show that their two years of investigation was not a waste of time and taxpayer dollars. So they go to something that trips someone up because they said something in the first grand jury and then maybe they found new information or they forgot something and they tried to correct that in a second grand jury. I think we should be very careful here, especially as we are dealing with something very public and people’s lives in the public arena. I do not think we should prejudge. I think it is unfair to drag people through the newspapers week after week after week, and let’s just see what the charges are. Let’s tone down the rhetoric and let’s make sure that if there are indictments that we don’t prejudge.
MR. RUSSERT: But the fact is perjury or obstruction of justice is a very serious crime and Republicans certainly thought so when charges were placed against Bill Clinton before the United States Senate. Senator Hutchison.
SEN. HUTCHISON: Well, there were charges against Bill Clinton besides perjury and obstruction of justice. And I’m not saying that those are not crimes. They are. But I also think that we are seeing in the judicial process–and look at Martha Stewart, for instance, where they couldn’t find a crime and they indict on something that she said about something that wasn’t a crime. I think that it is important, of course, that we have a perjury and an obstruction of justice crime, but I also think we are seeing grand juries and U.S. attorneys and district attorneys that go for technicalities, sort of a gotcha mentality in this country. And I think we have to weigh both sides of this issue very carefully and not just jump to conclusions, because someone is in the public arena, that they are guilty without being able to put their case forward. I really object to that.

I love political hypocrisy. Let’s go through this bit piece by piece, shall we?

“Tim, you know, I think we have to remember something here. An indictment of any kind is not a guilty verdict, and I do think we have in this country the right to go to court and have due process and be innocent until proven guilty.” Absolutely correct, and a point I’ve made before. Preach on, Senator Hutchison!

“And secondly, I certainly hope that if there is going to be an indictment that says something happened, that it is an indictment on a crime and not some perjury technicality where they couldn’t indict on the crime and so they go to something just to show that their two years of investigation was not a waste of time and taxpayer dollars.” This is parroting charges that Democrats once made about the Ken Starr investigation, and there is a bit of truth here. You hire a Special Prosecutor to make indictments, and so he’ll go out with unlimited time and resources until he can find some kind of crime. The whole special prosecutor concept probably needs to be rethought, and I’m not going to argue with that.

And then, Tim Russert, God bless him, asks the $10,000 question: yeah, but didn’t Republicans think that perjury was a serious crime when Clinton was charged with it?

“Well, there were charges against Bill Clinton besides perjury and obstruction of justice. And I’m not saying that those are not crimes. They are.” Actually, that’s not true. The House Judiciary Committee passed four articles of impeachment against President Clinton: two for perjury, one for obstruction of justice, and one for abuse of power due to perjury. The House of Representatives only passed two of those, one perjury charge and the obstruction charge, on to the Senate. The Senate failed to impeach (the vote would have required a 67-33 margin) on 45-55 and 50-50 votes, respectively. You would think that Senator Hutchison, who was in the Senate at the time, would have remembered this. As for the second part, that those crimes are serious, well she is consistent about that. She voted to impeach Clinton on both counts.

“But I also think that we are seeing in the judicial process–and look at Martha Stewart, for instance, where they couldn’t find a crime and they indict on something that she said about something that wasn’t a crime.” Actually, that’s not true either. Martha Stewart and her broker were being investigated for insider trading, a very serious crime, when they both perjured themselves and obstructed that inquiry. Furthermore, they were convicted on all counts, including the insider trading charge. And it isn’t like they lied about what they had for breakfast; the mislead the investigators about the time-line so that it would appear like they hadn’t passed along the inside information before making their stock deals.

“I think that it is important, of course, that we have a perjury and an obstruction of justice crime, but I also think we are seeing grand juries and U.S. attorneys and district attorneys that go for technicalities, sort of a gotcha mentality in this country. And I think we have to weigh both sides of this issue very carefully and not just jump to conclusions, because someone is in the public arena, that they are guilty without being able to put their case forward. I really object to that.” I agree, we do tend to convict people in the public court of opinion before they’ve had their chance to get a fair hearing in court. And, of course, I cannot help but be reminded of President Clinton as she is saying all of this.

Ken Starr was initially tasked to investigate Whitewater. A former friend of the Clintons in Arkansas ran a multi-million dollar real-estate scam, costing a lot of people a lot of money, including the Clintons. However, because they had been close friends of this guy, and because they were one of the initial investors, their was some suspicion that either they had been a party to the scam, or that Clinton had used his political influence in Arkansas inappropriately to protect his friend once the whole thing started blowing up. All of this took place well before Clinton came to the White House, but the Republicans thought it important enough to call a special prosecutor, Ken Starr. Mr. Starr began asking questions not just about Whitewater, but also about Bill Clinton’s extra-marital activities. In a sworn deposition, the President was asked if he had had sexual relations with a large number of women, including Monica Lewinsky, all of which he denied. Sometime after that, however, it was revealed that in fact he did have sex with Ms. Lewinsky, and thus that the President had committed perjury. See, at this point Senator Hutchison characterization of Martha Stewart was appropriate to Mr. Clinton: Mr. Starr couldn’t find a crime, and so the Republicans indicted Mr. Clinton on something that he said about something that wasn’t a crime. Of course, Senator Hutchison, far from minimizing the episode, thought that this made President Clinton unfit to hold the office of President.

Martha Stewart committed securities fraud, which is immoral and illegal. She lied to investigators to protect herself and her broker, which is also immoral and illegal. And she went to jail for it, although Senator Hutchison seems to think that this was simply a case of an over-reaching prosecutor.

Bill Clinton had an affair, which is immoral but not illegal. He lied about that affair to an over-zealous special prosecutor, which is illegal, but not threatening to American interests. The Republican Party, including Senator Hutchison, thought that this was so heinous as to deserve impeachment.

The Bush team lied to the American public about the threat Iraq posed, which is immoral and threatening to American interests, but not illegal. They then slandered Ambassador Wilson when he questioned the Bush team’s line, by revealing his wife was a CIA operative, which is immoral, possibly threatening to American interests, and possibly illegal. If anyone did perjure themselves in the course of this investigation, then surely it is at least as bad as the perjury that Clinton committed. But, keep in mind that in the Republican Bible, Clinton=Evil and Bush=Good, so don’t expect any prominent Republican calls for Rove to be fired. After all, unlike Clinton, this is just another case of an over-reaching prosecutor.

 

America needs to talk more about sex. Groups that argue that there should be less sex in the media are missing the point. The problem is not that there is too much sex portrayed on TV and in movies. The problem is that the portrayal of sex is misleading. People have unrealistic ideas about sex that start in childhood and continue into adulthood. Few people are countering with healthy ideas about sex.

In the 1950’s no one was talking about sex at all. Lucy and Ricky slept in separate beds and didn’t use the word pregnant. At least today we embrace the idea that sex is a normal part of life. But those that do portray realistic views of sex are largely condemned and marginal.

We have two ideas out there: “Sex is wonderful” and “Don’t do it.” The first of these ideas, at least in part, comes from movies. If all I ever learned about sex was in the movies, I would think that sex started with some kissing and removal of clothes and ended two minutes later with simultaneous groans of passion. Oh, and apparently, single people who have just met are great in bed while married people almost never have sex at all. Sorry folks, but that’s just unrealistic. In all fairness, TV and movies are just trying to sell us entertainment. Therefore, we should support movies and shows that deal with sex in a sophisticated, appropriate way both verbally and with our wallets.

Sex-education also has an important role to play. Sex-education should start young people on the right path towards a healthy life by providing accurate information about our bodies and the consequences of our actions. But sex-education should be neither the start nor the end of the conversation, but one important step along the way. Parents should discuss sex with their children before, during, and after they discuss it in school.

Our country needs to have a healthy conversation about sex. This starts with parents talking to their children about sex when they are young. It continues with accurate and comprehensive sex-education. It means encouraging and allowing accurate (and age appropriate) portrayals of sex on TV and in movies. It means conversations that dispel myths and encourage realistic expectations in doctor’s offices, between friends, and between lovers. Sex even with the right person can be hard. It requires understanding of our bodies, practice, and open and constant communication. Sex is a normal and healthy part of life. But dealing with unanswered questions in isolation only causes anxiety and frustration. We will certainly not all agree on all sex related issues, but we can have the conversations. We can encourage the spread of accurate information and realistic expectations. We don’t have to act as if we are alone.

© 2012 leftfielder.org Suffusion theme by Sayontan Sinha