Tuesday Reads: Most Classless SCOTUS Justice, Ongoing Snowden Saga, and Other News

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Good Morning!!

I’m enjoying some nice fresh air this morning after thunderstorms during the night. It looks as if the mini-heat wave we’ve been having here in the Boston area isn’t going to be as quite bad as originally predicted. It it supposed to be several degrees cooler than expected today and tomorrow and then we’re back to high 70’s temps. I hope that turns out to be right.

Unfortunately, because of this refreshing change in the air here, I slept longer than I should have and this post will go up a little bit late.

If there were a competition for “most classless supreme court justice,” there would be some serious competition among Antonin Scalia, Clarence Thomas, and Samuel Alito; but I think in the end the first prize would have to go to Samuel Alito. Clarence Thomas at least has the grace to remain silent and Scalia supposedly can be funny at times. But Alito is just an immature, obnoxious disgrace, as he demonstrated at the State of the Union Address in 2010 when President Obama denounced the Citizens United decision.

Yesterday Alito used childish, offensive body language to publicly mock his senior colleague Justice Ruth Bader Ginsburg as she read a dissenting opinion to a SCOTUS decision that will make it more difficult for employees to sue for sexual or racial discrimination. From Dana Millbank at The Washington Post:

The most remarkable thing about the Supreme Court’s opinions announced Monday was not what the justices wrote or said. It was what Samuel Alito did.

The associate justice, a George W. Bush appointee, read two opinions, both 5-4 decisions that split the court along its usual right-left divide. But Alito didn’t stop there. When Justice Ruth Bader Ginsburg read her dissent from the bench, Alito visibly mocked his colleague.

Ginsburg, the second woman to serve on the high court, was making her argument about how the majority opinion made it easier for sexual harassment to occur in the workplace when Alito, seated immediately to Ginsburg’s left, shook his head from side to side in disagreement, rolled his eyes and looked at the ceiling.

His treatment of the 80-year-old Ginsburg, 17 years his elder and with 13 years more seniority, was a curious display of judicial temperament or, more accurately, judicial intemperance. Typically, justices state their differences in words — and Alito, as it happens, had just spoken several hundred of his own from the bench. But he frequently supplements words with middle-school gestures.

Millbank goes on the describe Alito’s similar treatment of female Justices Elena Kagan and Sonia Sotomayor a few days earlier. Read about it at the link.

Garrett Epps provides more detail at The Atlantic: Justice Alito’s Inexcusable Rudeness.

I am glad the nation did not see first-hand Justice Samuel Alito’s display of rudeness to his senior colleague, Justice Ruth Bader Ginsburg.  Because Alito’s mini-tantrum was silent, it will not be recorded in transcript or audio; but it was clear to all with eyes, and brought gasps from more than one person in the audience.

The episode occurred when Ginsburg read from the bench her dissent in two employment discrimination cases decided Monday, Vance v. Ball State University and University of Texas Southwestern Medical Center v. NassarIn both cases, the Court majority made it harder for plaintiffs to prevail on claims of racial and sexual discrimination.  The Nassar opinion raises the level of proof required to establish that employers have “retaliated” against employees by firing or demoting them after they complain about discrimination; Vance limits the definition of “supervisor” on the job, making it harder for employees harassed by those with limited but real authority over them to sue the employers.

The Vance opinion is by Alito, and as he summarized the opinion from the bench he seemed to be at great pains to show that the dissent (which of course no one in the courtroom had yet seen) was wrong in its critique. That’s not unusual in a written opinion; more commonly, however, bench summaries simply lay out the majority’s rationale and mention only that there was a dissent. (Kennedy’s Nassar summary followed the latter model.)

After both opinions had been read, Ginsburg read aloud a summary of her joint dissent in the two cases.  She critiqued the Vance opinion by laying out a “hypothetical” (clearly drawn from a real case) in which a female worker on a road crew is subjected to humiliations by the “lead worker,” who directs the crew’s daily operation but cannot fire or demote those working with him. TheVance opinion, she suggested, would leave the female worker without a remedy.

At this point, Alito pursed his lips, rolled his eyes to the ceiling, and shook his head “no.” He looked for all the world like Sean Penn as Jeff Spicoli in Fast Times at Ridgemont High, signaling to the homies his contempt for Ray Walston as the bothersome history teacher, Mr. Hand.

I guess I should be grateful that I’m old enough to recall the Warren Court. We won’t see a SCOTUS like that again in my lifetime, I’m afraid.

Of course the news is still being dominated by Edward Snowden, who once claimed he didn’t want the story of his leaks of classified information from NSA to be about him. “Really?” writes Dan Murphy of The Christian Science Monitor. “But if that were true, we probably wouldn’t even know his name.”

Two weeks ago, Edward Snowden gave The Guardian permission to disclose that he was the leaker of documents from the US National Security Agency.

“I don’t want public attention because I don’t want the story to be about me,” the former NSA contractor said then. “I want it to be about what the US government is doing.”

If that was really his desire, he’s certainly gone about it in a funny way. From that day, every step he’s taken couldn’t have been better calculated to draw attention to himself. Over the weekend he even turned the media dial up when he fled from Hong Kong to the loving bosom of Mother Russia.

And with the assistance of Julian Assange, Mr. Snowden’s “where’s Waldo” saga is turning into aWikiLeaks production.

Mr. Assange, founder of WikiLeaks, has staked out a consistently anti-American and techno-libertarian position in the past few years. The US government is motivated by malice and power lust in his worldview, its rivals like Russia (where state-owned broadcaster RT ran a show of Assange’s) get a free pass, and secrecyis an evil in and of itself. Though he presents himself as a champion of free-speech, Assange has sought refuge in the Embassy of Ecuador in London, never mind that the country has a poor and deteriorating record on freedom of speech. The Committee to Protect Journalists listed Ecuador and Russia as two of the 10 worst places to be a journalist in the world past year.

Read the rest at CSM.

Meanwhile, Russia and China are pushing back against U.S. criticism of their refusal to help the U.S. extradite Snowden. From The Washington Post:

MOSCOW— Russia and China on Tuesday rejected U.S. criticism of their roles in the legal drama surrounding Edward Snowden, saying their governments complied with the law and did not illegally assist the former government contractor charged with revealing classified information about secret U.S. surveillance programs.

Snowden, 30, has not been seen in public since he reportedly arrived in Moscow on Sunday, after slipping out of Hong KongSecretary of State John F. Kerry on Monday strongly urged Russian officials to transfer Snowden to U.S. custody. “We think it’s very important in terms of our relationship,” Kerry said. “We think it’s very important in terms of rule of law.”

But Russian Foreign Minister Sergei Lavrov said Snowden had not actually crossed into Russian territory, apparently remaining in a secure transit zone inside the airport or in an area controlled by foreign diplomats. Moscow therefore has had no jurisdiction over his movements, Lavrov said, and has no legal right to turn him over to U.S. authorities.

It sounds like Snowden could still be in some VIP lounge at the Moscow Airport, but no one knows for sure. One witness told Reuters that Snowden did in fact arrive there yesterday. If he is in the airport, Russia can claim that Snowden technically never stepped on Russian soil.

In other news, Nelson Mandela is in critical condition for the second day, according to President Jacob Zuma.

Mr. Zuma said that he and Cyril Ramaphosa, the deputy president of the governing African National Congress, visited Mr. Mandela late Sunday.

“Given the hour, he was already asleep. We were there, looked at him, saw him and then we had a bit of a discussion with the doctors and his wife,” Mr. Zuma said. “I don’t think I’m in a position to give further details. I’m not a doctor.”

Doctors told Mr. Zuma on Sunday evening that Mr. Mandela’s health “had become critical over the past 24 hours,” according to an earlier statement from the presidency.

In the statement on Sunday, Mr. Zuma said that doctors were doing “everything possible to get his condition to improve and are ensuring that Madiba is well looked after and is comfortable.” Madiba is Mr. Mandela’s clan name.

The Telegraph reports that Mandela’s close relatives “have gathered at his rural homestead to discuss the failing health of the South African anti-apartheid icon who was fighting for his life in hospital.”

From NPR, President Obama today plans To Lay Out Broad Plan To Address Climate Change.

President Obama is expected to announce a sweeping plan to address climate change this afternoon.

The president has framed this issue as a moral responsibility, to leave the Earth in good shape for generations to come. But the nitty-gritty of any serious plan to address this problem is also a challenge, because it means gradually moving away from fossil fuels to renewable energy supplies — and that means there will be economic winners and losers.

Winners include companies that produce clean energy — wind, solar and geothermal energy. That energy will be more in demand, and the administration intends to expand access to public lands, where companies can build windmills and solar facilities.

Public health is also a winner, because the plan would pressure coal-fired power plants to reduce their emissions. Those plants not only produce carbon dioxide, but they are major sources of mercury, radioactive particles and chemicals that contribute to asthma.

The losers will be coal companies and the miners they employ as well as millions of Americans who can’t afford to pay higher electric bills. You can read the entire plan at the NPR link. More detail in this story at CNN. And at Business Insider, Josh Barro lists 3 Reasons Obama’s Carbon Plan Is The Best Solution Right Now

Today should be another busy news day with the ongoing Snowden saga, the President’s climate initiatives, the continuing Whitey Bulger and George Zimmerman trials, and more important SCOTUS decisions. If it gets hot here again this afternoon, I’ll have something to distract me at least. I’ll try to post an afternoon update.

Now it’s your turn. What stories are you focusing on today? Please post your links on any topic in the comment thread, and have a terrific Tuesday!!


Tuesday Reads: West, Texas; Boston; Biohazards; and Erosion of Constitutional Rights

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Good Morning!!

I thought I’d start this morning’s post with something beautiful before I get to the news of the day. I came across these amazing photos of birds yesterday–a nice reminder that the natural world can nourish us emotionally and provide respite from startling events and frustrating news that surrounds us in the supposedly “civilized” world of humans.
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Now some news…

The fertilizer plant disaster in West, Texas is still under-reported. From what I can tell from following the story on twitter though, people are hurting down there and really need help. Here are a couple of updates I found this morning.

From CBS in Dallas: West Fertilizer Plant Explosion Cause Could Take Several Weeks to Determine

The Federal Bureau of Alcohol, Tobacco, and Firearms is investigating the blast along with the Texas State Fire Marshal.

State records reportedly show the West Fertilizer plant had a yearly capacity of 2,400 tons of potentially explosive ammonium nitrate.

So far, according to the ATF the only possible contributory cause that has been eliminated from consideration is the weather.

The U.S. Army Corp of Engineers arrived on scene Monday to assist investigators in assessing the 93 by 10 foot crater.

On Monday, the U.S. Homeland Security Department said The West Fertilizer Co. facility isn’t currently regulated under a department program that’s designed to reduce the risk of terrorism at certain high-risk chemical facilities.

CBS-11 has learned Homeland Security is now looking into whether the facility should have submitted paperwork about the chemicals stored at the plant to determine if it should be regulated.

The Christian Science Monitor says, Smoking gun in West, Texas, fertilizer blast: lack of government oversight

Although the cause of the blast is still undetermined, what is clear is that the West Fertilizer Company stored large quantities of highly reactive products, including anhydrous ammonia and ammonium nitrate, in the middle of a small town with very little oversight from state or federal agencies. Ammonium nitrate was used by the Oklahoma City bomber Timothy McVeigh in 1995, killing 168 people. The West, Texas, explosion killed 14, and injured nearly 200.

Texas does not have an occupational safety and health program that meets federal requirements. The federalOccupational Safety and Health Administration (OSHA) is therefore responsible for ensuring the safety of potentially dangerous workplaces like the West facility.

OSHA has inspected the West plant exactly once in the company’s 51-year history. That 1985 inspection detected multiple “serious” violations of federal safety requirements for which the company paid a grand total of $30 in fines. OSHA’s 1992 process-safety-management standard for highly hazardous chemicals is supposed to protect against disasters like the West explosion, but it wasn’t in place for that inspection.

Regardless, OSHA lacks the resources to undertake the kind of comprehensive inspection needed to ensure compliance with the process safety standard at small facilities like West Fertilizer Company. OSHA’s tiny staff of around 2,400 inspectors is spread so thin that it would take more than 90 years to conduct even cursory inspections of all eligible workplaces in Texas.

That’s pretty horrifying. I have to wonder how many other fertilizer plants like this one are out there like ticking time bombs.

Common Dreams calls attention to another horror story that affects all of us. “You and Your Family Are Guinea Pigs for the Chemical Corporations: How Americans Became Exposed to Biohazards in the Greatest Uncontrolled Experiment Ever Launched”

A hidden epidemic is poisoning America. The toxins are in the air we breathe and the water we drink, in the walls of our homes and the furniture within them. We can’t escape it in our cars. It’s in cities and suburbs. It afflicts rich and poor, young and old. And there’s a reason why you’ve never read about it in the newspaper or seen a report on the nightly news: it has no name — and no antidote.

The culprit behind this silent killer is lead. And vinyl. And formaldehyde. And asbestos. And Bisphenol A. And polychlorinated biphenyls (PCBs). And thousands more innovations brought to us by the industries that once promised “better living through chemistry,” but instead produced a toxic stew that has made every American a guinea pig and has turned the United States into one grand unnatural experiment.

Today, we are all unwitting subjects in the largest set of drug trials ever. Without our knowledge or consent, we are testing thousands of suspected toxic chemicals and compounds, as well as new substances whose safety is largely unproven and whose effects on human beings are all but unknown. The Centers for Disease Control (CDC) itself has begun monitoring our bodies for 151 potentially dangerous chemicals, detailing the variety of pollutants we store in our bones, muscle, blood, and fat. None of the companies introducing these new chemicals has even bothered to tell us we’re part of their experiment. None of them has asked us to sign consent forms or explained that they have little idea what the long-term side effects of the chemicals they’ve put in our environment — and so our bodies — could be. Nor do they have any clue as to what the synergistic effects of combining so many novel chemicals inside a human body in unknown quantities might produce.

Read it and weep.

Down in South Carolina, Elizabeth Colbert Busch and disgraced former Governor Mark Sanford met in a debate in the race for the district one congressional seat, and Busch got personal.

Read the rest of this entry »


Religionists on Supreme Court Damage Rights of Women

It’s  obvious the real legacy of Dubya Bush will be his assault on the fundamental secular nature of the United States through court appointments.  Republicans–and their appointees–appease people with such extreme religious views that we will need to remain vigilant for some time.  These people  murder doctors in their churches and harass women at health clinics day-in-and-day-out. They’ve done these things obsessively and zealously for over 45 years.

I think I’ve told you that I was stalked, slandered, and made generally miserable by the omnipresent fascist elements of the anti-choice movement just under 20 years ago as a young mother and economist running for state legislature.  The only group to not only oppose me–but go out of their way to ensure nothing truthful about me or my positions was put out there–were religionists.

It doesn’t surprise me that the continuing hotbed of theocratic insanity in the entire area continues to be Nebraska. This is a state whose hallmark of fame right now is its continual brain drain and DINO Senator Ben Nelson who blackmailed the entire country for his vote on health care. Another big mistake made by the state was to put term limits on all its unicameral members ensuring they have a perpetual revolving door of hit and run policies.  No wonder people leave that state in droves. Your entire life is in the hands of religious fanatics and the amateurs they bring to office.

The right’s continual obsession with letting women die or suffer to bring nonviable pregnancies to term is nothing but torture-based public policy laced with the sanctimonious mythology of “Eve made us all deserve to die in childbirth” .  Here’s the latest craziness from Nebraska that will undoubtedly be given attention by even crazier people like Justices Thomas, Alito, and Scalia;  the Republican  version of  the Spanish Inquisition. No science or medical facts here folks, just religious dogma from the dark ages please! 

Gonzales v. Carhart was the 2007 court decision that values religious dogma over science, medicine, reason, and facts.  It’s set the perpetual Nebraska industry of manufacturing laws to test Roe v. Wade in action.  Millions of tax dollars will now go into defending a distinctly warped view of medicine.  This one is based in the absolute lie of  ‘fetal pain’ in early term pregnancies set up by Justice Kennedy.  Kennedy also basically wrote that women were too stupid to realize they might come out of an abortion traumatized.  He’s just one more adherent of that 3rd century mythology that needs to go away.

A long line of Supreme Court precedents seemed to stand in his way. But Flood believes that a 2007 decision offers hope for him and other state legislators looking for ways to restrict abortion.

Using that decision as a road map, this spring Flood wrote and won passage of legislation that bans abortions after 20 weeks. Introducing into law the concept of “fetal pain,” it marked the first time that a state has outlawed the procedure so early in a pregnancy without an exception for the health of the woman.

The law shut down LeRoy Carhart, the provider who had planned to expand his practice outside Omaha and provide late-term abortions to women across the Midwest.

The importance of Flood’s bill is likely to be felt far beyond Nebraska. Abortion opponents call it model legislation for other states and say it could provide a direct challenge to Supreme Court precedents that restrict government’s ability to prohibit abortion before a fetus can survive outside the womb. (It also prompted Carhart to shift his practice east, and he has since opened a late-term practice in Germantown, outside Washington.)

Critics of abortion hail the law as the most prominent and promising outcome of the Supreme Court’s 2007 decision, in which, coincidentally, Carhart was the lead plaintiff.

The 5 to 4 decision in Gonzales v. Carhart turned away Carhart’s challenge to the federal ban on “partial birth” abortion and appeared to mark a significant change in the high court’s balancing of a woman’s right with the government’s interest.

The ruling was a key moment in the emerging identity of the court headed by Chief Justice John G. Roberts Jr., who marked his fifth anniversary on the court this fall.

‘Fetal Pain” has no more basis in reality than virgin births and immaculate conception, yet here it is, threatening the ability of a woman to self determination, privacy, and life.  There is also no such thing as ‘partial birth’ abortion.  The entire thing is a public relations sham with no basis in anything but the desire of  a bunch of crazed religionists to inflict their personal religious dictum on every one else.  Since they can’t convert us all, they’ll force the law to recognize their extreme views through reckless Republican court appointments.

Kennedy’s ruling in the case–and his very words–are a warning to people who don’t like the government involved in their most personal and private decisions.  It  inspired Ruth Bader Ginsberg–a life long champion of women’s rights–to write a response and dismantle Kennedy’s attempt to logically explain a ruling based not on law, precedent, or logic.  Kennedy’s rambling diatribe was both intellectually and legally weak.  Its main tenets were clearly based in his own rooted need to defend his own narrow patriarchal misogynistic religious view instead of examine evidence and prior rulings.

He noted that the Casey decision affirmed the right to abortion before viability. But he said it also established that “government has a legitimate and substantial interest in preserving and promoting fetal life.”

Kennedy’s ruling was shot through with references to government’s interest in protecting the unborn and in making sure women knew the consequences of their actions.

He drew the ire of Justice Ruth Bader Ginsburg and others when he discussed the regret a woman might feel about the decision to end her pregnancy.

“It is self-evident that a mother who comes to regret her choice to abort must struggle with grief more anguished and sorrow more profound” when she learns the details of the intact-dilation-and-extraction process, Kennedy wrote.

In a dissent, Ginsburg struck back at the insinuation that a woman has not fully thought through her decision, or should be protected from making such a choice. “This way of thinking reflects ancient notions of women’s place in the family and under the Constitution,” said Ginsburg, which “have long since been discredited.”

Ginsburg noted that, besides being the first court decision not to require a health exception, it as the first to uphold the ban on a specific procedure.

Leave it to Nebraska–a state with lots of land, buffalo and tumbleweed, and very few people that exists on federal funding and taxing people for gas as they drive through the state–to once again bring up an expensive test of our audacity to stand up to theocracy.  This has been a tactic of theirs for decades.  Nebraska no more represents the country than a penguin in ANWAR could.   Nebraska is whiter than than the rest of the country and older than the rest of the country.   It has only 22 people per square mile when the entire rest of the country averages 79.  It represents a gone bye era in many ways but  it still creates trouble despite its basic irrelevance to the country as anything more than a series of interstate stops.  The state  endlessly manufactures laws that impose a religious view on medical procedures  that always require tax payer funding to fight it  through courts.  What I’m saying is Nebraska’s main export is test laws for Roe v. Wade.  What a shameful legacy!

From little, irrelevant states like Nebraska,we get laws like those that force ‘biased consent’.  That would be laws that force physicians to give state lectures rather than advice on medical procedures.  But, this isn’t because of the state’s overwhelming concern for the health of pregnant women or fetuses or babies.  Witness this little law that now plagues my ob/gyn doctor daughter doing residency in that hell realm right now. Many of her patients typically come in obese.  She was telling me over the weekend  that a BMI of 40 was not atypical.  This puts a lot of her young patients into the automatic high risk/C-Sec category.  Does any of this bother Nebraska?  Hell, no!

Charities, hospitals and other nonprofit groups are scrambling to fill the void left by the state’s decision to end state Medicaid funding for prenatal services for low-income women, including many illegal immigrants.

In nearly two dozen interviews, Nebraska providers said that while they may be able to absorb the costs for women now pregnant, the long-term outlook for providing an estimated $10 million a year in health care services without reimbursement is bleak.

Hospitals are bracing to provide more “charity care” and expecting an increase in emergency-room visits from women who experience pregnancy complications due to the lack of prenatal care.

A couple of emergency fundraising events have been scheduled, and private donors and the United Way are being asked to dig deeper.

Clinics that focus on the poor and uninsured are shifting resources away from other areas, such as mental health and diabetes care, to cover the loss of funds for services that can head off expensive birth defects and premature births.

“We only have so many resources. If we start pouring more money into uninsured pregnant women, that will take away from what health care we can offer in other areas,” said Dr. Kristine McVea, medical director at the OneWorld Community Health Center in south Omaha.

The issue of whether hospitals, health clinics that focus on the uninsured and private physicians can shoulder the load for such low-income women without government help is now front-and-center in the controversy.

The debate intensified last week after a Schuyler, Neb., doctor said one of his patients opted to have an abortion because she couldn’t afford the cost of prenatal care on her own. At least seven other women in Omaha and Schuyler have told clinicians they plan to seek abortions.

Gov. Dave Heineman, who opposes government aid for illegal immigrants, has said he expects charities, church groups and others to pick up what the government cut off.

See that.   They already caused at least ONE needless abortion.  Of course, that law primarily impacts babies that infertile white couples don’t want to buy from the baby market, so the religionists are less concerned about that.

It’s about state control of women and children.  It’s about the state making decisions that belong to individuals and doing so based on religious views alone.  It’s about the improper role of religious belief in our country as written in The Constitution.  Young women in this country better get a grip on what’s happening and pretty quickly.  That’s because these same folks are after all forms of birth control and if they continue on with the same tenacity of lunacy, the pill will also be banned or hard to get.  This is especially important because President Barrack Obama has left open many vacancies on courts and if he is a one term president, or a two term president with a senate that goes Republican, we can only look forward to more.


Saturday Reads

President Obama after being injured while playing basketball

Good Morning!! You probably heard the top story on all the commercial and cable networks last night. President Obama got a split lip from a flying elbow while playing basketball Friday, and needed 12 stitches.

The White House has identified the person whose elbow injured President Barack Obama during a pickup game of basketball on Friday as Rey Decerega, who works for the Congressional Hispanic Caucus Institute.

Decerega had better watch his back. He did manage to do a little public sucking up:

The White House also released a statement from Decerega, NBC News said: “I learned today the president is both a tough competitor and a good sport. I enjoyed playing basketball with him this morning. I’m sure he’ll be back out on the court again soon.”

Perhaps that will help. Good Luck Ray Decerega!

U.S. officials are freaking out over the upcoming release of diplomatic documents by Wikileaks. According to The Independent:

Frantic behind the scenes wrangling was under way last night as US officials tried to stem the fallout from the expected release of up to three million confidential diplomatic communiques by the Wikileaks website.

Over the past 48 hours, American ambassadors have had the unenviable task of informing some of the country’s strongest allies that a series of potentially embarrassing cables are likely to be released in the coming days….

Downing Street yesterday confirmed that the US ambassador in London had already briefed the Government on what might be contained in the files. Similar meetings were also reported in Turkey, Israel, Canada, Denmark, Norway and Australia.

[MABlue here]
abc has more on the “Big Freakout”. there must really be some unsavory stuff in that report. Apparently, most of the stuff comes from Bradly Manning.
Bracing for WikiLeaks’ Release of Diplomatic Documents, State Department Warns Allies

Senior U.S. officials warn that the next round of WikiLeaks documents would be considerably more damaging than the two previous WikiLeaks document dumps.

“This is outrageous and dangerous,” a senior U.S. official told ABC News. “This puts at risk the ability of the United States to conduct foreign policy. Period. End of paragraph.”

The chairman of the Joint Chiefs of Staff also weighed in today, telling CNN he hoped these kinds of leaks will eventually be plugged.

According to op-ed commentator Jerome Taylor: This is a public airing of Washington’s dirty linen

What makes the release of diplomatic cables so potentially explosive is that they could cover a vast spectrum of information that America and her allies would like to keep secret. Cables are the diplomatic equivalent of dirty linen that no country wants to see aired in public. “Diplomatic cables might talk about political instability inside the country – there could be information about secret deals, weapons agreements, talks with dissidents, all sorts of things,” explains Yossi Mekelberg, an expert on Israel-US relations at Chatham House. “But cables are not policy papers. When I read cables I’m often surprised at how gossipy they can be.”

The informal nature of such missives has the potential to cause some serious red faces in capitals around the world.

The U.S. has now been in Afghanistan longer than the Soviet Union was.

The last Red Army troops left Feb. 15, 1989, driven out after nine years and 50 days by the U.S.-backed Afghan fighters known as mujahedin, or holy warriors. Ragtag yet ferocious, they were so spectrally elusive that the Soviet forces called them dukhi, or ghosts. A fitting term, perhaps, for a country that has been called “the graveyard of empires.”

Aren’t you proud to be an American? And our empire hasn’t even collapsed like the USSR’s–yet.

And history twists back on itself. In the Soviets’ war, the United States armed and aided the mujahedin; in this one, Russia is increasingly cooperating with the North Atlantic Treaty Organization. Moscow agreed this month to let the Western military alliance take armored vehicles through its territory. Last month, Russian counternarcotics agents went along on a joint NATO-Afghan drug raid.

It’s all so pointless…and yet it’s destroying us.

And what about Korea? Is our Nobel Peace Prize-winning President going to get us involved there too? It doesn’t look good:

The joint military exercises the US will conduct with South Korea’s navy on Sunday, off the Korean peninsula in the Yellow Sea, are taking on added significance as a message-bearer to North Korea, following Pyongyang’s shelling of the South Korean island of Yeonpyeong on Tuesday.

The Pentagon is quick to point out that the naval exercises are “defensive in nature” and that similar events have been held frequently. But US commanders also acknowledge that this joint exercise is a pointed reminder to the North of US military strength and America’s allegiance with South Korea. The US announced the exercises after the artillery barrage of Yeonpyeong, home to South Korean military bases and a small civilian population.

George Washington University law professor Jeffrey Rosen has an article in the Washington Post in which he argues that the TSA’s naked body scans and “enhanced pat down” searches are unconstitutional. Interestingly, he cites a 2006 decision by then circuit court judge Samuel Alito:

…Alito stressed that screening procedures must be both “minimally intrusive” and “effective” – in other words, they must be “well-tailored to protect personal privacy,” and they must deliver on their promise of discovering serious threats. Alito upheld the practices at an airport checkpoint where passengers were first screened with walk-through magnetometers and then, if they set off an alarm, with hand-held wands. He wrote that airport searches are reasonable if they escalate “in invasiveness only after a lower level of screening disclose[s] a reason to conduct a more probing search.”

As currently used in U.S. airports, the new full-body scanners fail all of Alito’s tests. First, as European regulators have recognized, they could be much less intrusive without sacrificing effectiveness. For example, Amsterdam’s Schiphol Airport, the European airport that employs body-scanning machines most extensively, has incorporated crucial privacy and safety protections. Rejecting the “backscatter” machines used in the United States, which produce revealing images of the body and have raised concerns about radiation, the Dutch use scanners known as ProVision ATD, which employ radio waves with far lower frequencies than those used in common hand-held devices. If the software detects contraband or suspicious material under a passenger’s clothing, it projects an outline of that area of the body onto a gender-neutral, blob-like human image, instead of generating a virtually naked image of the passenger. The passenger can then be taken aside for secondary screening.

Rosen concludes:

…there’s good reason to believe that the machines are not effective in detecting the weapons they’re purportedly designed to identify. For U.S. courts, that’s yet another consideration that could make them constitutionally unreasonable.

Broadly, U.S. courts have held that “routine” searches of all travelers can be conducted at airports as long as they don’t threaten serious invasions of privacy. By contrast, “non-routine” searches, such as strip-searches or body-cavity searches, require some individualized suspicion – that is, some cause to suspect a particular traveler of wrongdoing. Neither virtual strip-searches nor intrusive pat-downs should be considered “routine,” and therefore courts should rule that neither can be used for primary screening.

The only question is whether the Supreme Court will stand up for individual rights or continue to accede to the executive branch’s demands for more Presidential power.

I’m going to end with a funny, but pretty realistic, satirical piece from The Onion: Frustrated Obama Sends Nation Rambling 75,000-Word E-Mail

The e-mail, which was titled “A couple things,” addressed countless topics in a dense, stream-of-consciousness rant that often went on for hundreds of words without any punctuation or paragraph breaks. Throughout, the president expressed his aggravation on subjects as disparate as the war in Afghanistan, the sluggish economic recovery, his live-in mother-in-law, China’s undervalued currency, Boston’s Logan Airport, and tort reform.

According to its timestamp, the e-mail was sent at 4:26 a.m.

“Hey Everyone,” read the first line of the president’s note, which at 27 megabytes proved too large for millions of Americans’ in-boxes. “I’m writing to you because I need to clear up some important issues. First and foremost, I want to say that this has nothing to do with the midterm elections because I was going to send an e-mail regardless of the outcome. However, I guess one could argue that, in the end, the midterms are an important measure of a president’s overall success, though I wouldn’t go so far as to call the results a referendum. Legislatively, I feel I’ve had a lot of success that I think history will judge quite favorably. I mean, pretty much every modern president has seen his party lose seats during a midterm, you know?

Go read the whole thing. It’s really funny, in an lolsob kind of way. Oh…and Fox News published the Onion story on their website without identifying it as satire.

[MABlue’s Saturday picks] It’s all about real life crime and investigation.
From Vanity Fair: The Case of the Vanishing Blonde

After a woman living in a hotel in Florida was raped, viciously beaten, and left for dead near the Everglades in 2005, the police investigation quickly went cold. But when the victim sued the Airport Regency, the hotel’s private detective, Ken Brennan, became obsessed with the case: how had the 21-year-old blonde disappeared from her room, unseen by security cameras? The author follows Brennan’s trail as the P.I. worked a chilling hunch that would lead him to other states, other crimes, and a man nobody else suspected.

Apparently, the Chandra Levy case is not resolved: Reasonable doubt in the Chandra Levy case

How reliable is the conviction of Ingmar Guandique for the 2001 murder, when the key evidence is a disputed prison confession?

There’s a debate going on about the goodness of religion between Former British Prime Minister Tony Blair and Christopher Hitchens. By all accounts, Hitch won the 1st round yesterday.
Hitchens defeats Blair in Canadian religion debate

What are you reading this morning?

Sam Alito Raising Funds for Right Wing Causes in Violation of Code of Conduct for U.S. Judges

Justice Samuel Alito

Lee Fang of Think Progress reports:

Last night, the American Spectator — a right-wing magazine known for its role in the “Arkansas Project,” a well-funded effort to invent stories with the goal of eventually impeaching President Clinton — held its annual gala fundraising event. The Spectator is more than merely an ideological outlet. Spectator publisher Al Regnery helps lead a secretive group of conservatives called the “Conservative Action Project,” formed after President Obama’s election, to help lobby for conservative legislative priorities, elect Republicans (the Conservative Action Project helped campaign against Democrat Bill Owens in NY-23), and block President Obama’s judicial appointments. The Spectator’s gala last night, with ticket prices/sponsorship levels ranging from $250 to $25,000, featured prominent Republicans like RNC chairman Michael Steele, hedge fund billionaire Paul Singer (a major donor to Republican campaign committees and attack ad groups), and U.S. Chamber of Commerce board member and former Allied Capital CEO William Walton. Among the attendees toasting Rep. Michele Bachmann (R-MN), the keynote speaker for the event, was Supreme Court Justice Sam Alito.

Fang, who was at the event, asked Alito why he was attending a partisan fund-raising event. Alito responded, “It’s not important that I’m here.” Fang pointed out that Alito had headlined the same event in 2008 and had used his speech to ridicule now Vice President Joe Biden.

Apparently, Alito is a regular benefactor for highly political conservative fundraisers. Last year, he headlined the fundraising dinner for the Intercollegiate Studies Institute (ISI) — the same corporate front that funded the rise of Republican dirty trickster James O’Keefe and anti-masturbation activist Christine O’Donnell. According to the sponsorship levels for the event, Alito helped ISI raise $70,000 or more.

Documents exposed by ThinkProgress last month revealed that Justice Scalia and Justice Thomas have also attended secret political fundraisers. We published a memo detailing fundraising events, organized by oil billionaires David and Charles Koch, to fund Republican campaigns, judicial elections, and groups running ads in the 2010 midterm election. The fundraisers, attended by some of the nation’s wealthiest bankers, industrialists, and other executives, help fund much of the conservative infrastructure. The memo stated the Thomas and Alito were past participants of the Koch fundraisers.

What the hell?! This kind of conduct is explicitly forbidden by the Code of Conduct for United States Judges (via Raw Story), which clearly states that a “judge should refrain from political activity.” Specifically, he or she should not:

“solicit funds for, pay an assessment to, or make a contribution to a political organization or candidate, or attend or purchase a ticket for a dinner or other event sponsored by a political organization or candidate.”

According to Raw Story,

In 2009, Alito also headlined a fundraising dinner for the Intercollegiate Studies Institute, which funded the conservative journalist James O’Keefe and Delaware Senate candidate Christine O’Donnell. Alito is reported to have helped the institute raise $70,000.

This is absolutely outrageous! Will the Obama administration or Congress respond, or are these kinds of partisan political activities on the part of Supreme Court Justices just fine with them? Keep in mind that these three justices voted in favor of “Citizens United” in the recent controversial decision that opened the doors to unlimited campaign spending by corporations. Lest we forget, “Citizens United” was originally called Citizens United Not Timid (get it?), and was formed in order to destroy Hillary Clinton’s presidential candidacy.

By the way, have you heard that Alito plans to skip the State of Union Address this year? This man does not belong on the Supreme Court.