May 23, 2005

Who Got Who

The deal is in. Via NRO:

MEMORANDUM OF UNDERSTANDING ON JUDICIAL NOMINATIONS

We respect the diligent, conscientious efforts, to date, rendered to the Senate by Majority Leader Frist and Democratic Leader Reid. This memorandum confirms an understanding among the signatories, based upon mutual trust and confidence, related to pending and future judicial nominations in the 109th Congress.

This memorandum is in two parts. Part I relates to the currently pending judicial nominees; Part II relates to subsequent individual nominations to be made by the President and to be acted upon by the SenateÂ’s Judiciary Committee.

We have agreed to the following:

Part I: Commitments on Pending Judicial Nominations

A. Votes for Certain Nominees. We will vote to invoke cloture on the following judicial nominees: Janice Rogers Brown (D.C. Circuit), William Pryor (11th Circuit), and Priscilla Owen (5th Circuit).

B. Status of Other Nominees. Signatories make no commitment to vote for or against cloture on the following judicial nominees: William Myers (9th Circuit) and Henry Saad (6th Circuit).

Part II: Commitments for Future Nominations

A. Future Nominations. Signatories will exercise their responsibilities under the Advice and Consent Clause of the United States Constitution in good faith. Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.

B. Rules Changes. In light of the spirit and continuing commitments made in this agreement, we commit to oppose the rules changes in the 109th Congress, which we understand to be any amendment to or interpretation of the Rules of the Senate that would force a vote on a judicial nomination by means other than unanimous consent or Rule XXII.

We believe that, under Article II, Section 2, of the United States Constitution, the word “Advice” speaks to consultation between the Senate and the President with regard to the use of the President’s power to make nominations. We encourage the Executive branch of government to consult with members of the Senate, both Democratic and Republican, prior to submitting a judicial nomination to the Senate for consideration.

Such a return to the early practices of our government may well serve to reduce the rancor that unfortunately accompanies the advice and consent process in the Senate.

We firmly believe this agreement is consistent with the traditions of the United States Senate that we as Senators seek to uphold.

While both sides will undoubtedly claim a victory, the conservative true-believers are not happy, from what i've gathered in the last half hour or so listening to the radio and tv pundits.

i'm not overjoyed at the compromise, but i'll have to live with it. What choice do i have? Last time i checked, i am not a United States Senator.

So this is a deal that allows the Democrats to save face, while still giving the Republicans a vote on some of the nominees. Or, it's just as accurate to say that it allows the Republicans to save face while still allowing the Democrats the option to filibuster in the future.

In the world of civil litigation, lawyers say it's a good settlement when both sides are unhappy. But there's another rule in negotiating settlements: "Never negotiate away your leverage in exchange for "goodwill."*

If there's one thing plaintiffs attorneys and Democrats have in common (besides John Edwards) it's that you can't trust a single one of them to act in good faith. Like Sam Gompers, they want only one thing: "more." And they're absolutely shameless about getting it. We saw that in the way guys like Harry Reid completely flip-flopped on the issue of floor votes for judicial nominees.

That's why the most troublesome part of the deal for me is this clause:

Nominees should only be filibustered under extraordinary circumstances, and each signatory must use his or her own discretion and judgment in determining whether such circumstances exist.
It doesn't take a genius to figure out that that's a promise meant to be broken. And when they do break it, as i promise you the Democrats will, we'll be arguing about the meaning of "extraordinary circumstances" instead of the meaning of the Constitution.

That's the biggest problem with the deal. It takes the issue of constitutionality off the table. The true-believers have a right to be angry on that point. By conceding to the minority a power to block majority will on judicial nominees, the Republicans have conceded the constitutionality of that procedural tactic. They caved in on the very principle that brought about this entire crisis. And for what? A bit of goodwill. A promise to be good from now on.

Ha! That's worth about two dead flies.

Why would Senate Republicans negotiate away all their leverage by giving up the nuclear option in exchange for a promise? Because they are suckers? Because they love Senate tradition more than they love the Constitution? Or because the Republican Senate leadership is just plain bad at their job?

As i mentioned before, my ideal solution would have been to do away with all filibusters on all issues. Why the hell should one half of the legislature have that stupid rule when the other house does very well without it? The filibuster is almost never used for a noble purpose.

i agree with the late Tip O'Neill, who was wrong about so many things. But he was on the right track when he wrote:

Thanks to television, the House of Representatives is now recognized as the dominant branch of Congress,. [sic] In 1986, the Senate brought in TV cameras as well. But the senators ramble on for hours, whereas our members can speak for only five minutes, apart from "special orders" at the end of the day, and a few other exceptions. Unlike the rules of the House, those of the Senate allow for unlimited debate and unrestricted amendments. Now that the Senate is on television, the prestige of the House should continue to increase."
[Thomas P. O'Neill, Man of the House, p. 290, Random House, 1987]
Today's compromise, in favor of a supposed status quo that's not even really a status quo, ensures that the Senate will remain the weaker, less prestigious house in my book. How can anyone say otherwise when its own rules allow the minority to dictate to the majority and no one has the guts to do anything about it?

More outrage: see Professor H; Three Knockdown Rule; i can't disagree with Patterico's prediction; Spoons has a riddle; and Mark Nicodemo agrees that the Senate Republicans are inept; and Nikita Demosthenes calls them out by name.
_______________

* Okay, i don't know if that's really a negotiating rule, i just made it up. But it should be.


[Cross-posted at A Western Heart.]

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Pro-Life And Pro-Abortion

Doug TenNapel made a provocative statement, which happens to be a pretty good summary of what i believe on the subject.

First of all, let me state that I'm Pro-Life and Pro-Abortion. . . . But the only instance where I think abortion is moral would be when two human lives are likely to die and if one life is aborted so that only one will die, then abortion is a moral act.
Read the rest. It's a wide ranging but well reasoned post, which touches on the malum prohibitum vs. malum in se dichotomy, and just war theory too.

And on a related theme, Michelle Malkin asks if abortion is funny. Some people think so.

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May 19, 2005

The Middle Finger

Celebrity blogger and annika's journal visitor, Hugh Hewitt, spent the major portion of his radio show today talking about the Pepsico middle finger controversy. Here's the professor's summary:

The President and CFO of Pepsico gave a speech at Columbia Business School's commencement. In the speech, Indra Nooyi compared the fingers of the hand to different parts of the world. The United States got the middle finger. What a surprise! How courageous for Ms. Nooyi, how daring, and such soaring rhetoric.
The key passage from Ms. Nooyi's address is this one:
As the longest of the fingers, [the United States] really stands out. The middle finger anchors every function that the hand performs and is the key to all of the fingers working together efficiently and effectively. This is a really good thing, and has given the U.S. a leg-up in global business since the end of World War I.

However, if used inappropriately --just like the U.S. itself-- the middle finger can convey a negative message and get us in trouble. You know what I'm talking about. In fact, I suspect you're hoping that I'll demonstrate what I mean. And trust me, I'm not looking for volunteers to model.

Discretion being the better part of valor...I think I'll pass.

What is most crucial to my analogy of the five fingers as the five major continents, is that each of us in the U.S. --the long middle finger-- must be careful that when we extend our arm in either a business or political sense, we take pains to assure we are giving a hand...not the finger. Sometimes this is very difficult. Because the U.S. --the middle finger-- sticks out so much, we can send the wrong message unintentionally.

Unfortunately, I think this is how the rest of the world looks at the U.S. right now. Not as a part of the hand --giving strength and purpose to the rest of the fingers-- but, instead, scratching our nose and sending a far different signal.

Here's the lady's half-assed apology:
Following my remarks to the graduating class of Columbia University's Business School in New York City, I have come to realize that my words and examples about America unintentionally depicted our country negatively and hurt people. I appreciate the honest comments that have been shared with me since then, and am deeply sorry for offending anyone. I love America unshakably - without hesitation - and am extremely grateful for the opportunities and support our great nation has always provided me.

Over the years I've witnessed and advised others how a thoughtless gesture or comment can hurt good, caring people. Regrettably, I've proven my own point. I made a mistake and, again, I'm very sorry.

Apology not accepted, babe. Mainly because i'm not, as she said, hurt or offended by her speech. Don't get me wrong, i think the lady hasn't the faintest idea what a great country she now lives in. Her viewpoint has been tainted by hanging around America-hating New York intellectuals. But what she sees as an American negative - the fact that we stick out, that the "world" thinks we're too arrogant - is actually a source of unabashed pride for me.

the finger

i believe in American exceptionalism. i don't think America needs to be more humble. If my country has ever flipped anyone off in the past, that's something i want to see more of. Look at the scoreboard. Was America "scratching its nose" with the middle finger when we saved the world from tyranny three times in one century? Like the song says, fuck yeah! Was it arrogance when our fifth president declared "hands off this hemisphere" to the superpowers of his day? Or when T.R. said "let's build that fucking canal!" (paraphrasing). Or when Jack promised we'd walk on the moon within the decade? Sure it was. And so what?

Egypt of the Pharaohs. Imperial Rome. Spain in the siglo de oro. Napoleon's France. Victoria's Great Britain. Name a superpower in history that hasn't been arrogant. You can't. Name a superpower that's done as much good in the world as America has in the last two centuries? You can't do that either.

We are different. We are better. And i'm sick and tired of our own people getting on a public stage and telling us we should bow and beg and be meek in front of the rest of the world. When was that ever an American trait? i hope it never is.

So let the America-haters and the timid intellectuals whine. Call me a jingoist, i won't be offended. i'm proud to be a flag waving, middle finger sticking, American.

p.s. All real Americans drink Coke anyways.

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May 18, 2005

Pet Peeve

If i hear someone use the phrase "up-or-down-vote" one more time, i think i'm going to scream. Is there any other kind of vote?

[Well, i guess in England it's a left or right vote. But still...]

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May 16, 2005

L.A. Mayor's Race

i don't live in L.A. anymore (though i hope to return after i graduate), but i'm apparently still on the voter list down there. Which is why i've received an email from none other than the next mayor of Los Angeles, Antonio Villaraigosa.

i've never received an email from a major politician before, it's kind of exciting. Here is what Tony (if i may call him that) wrote to me.

Dear Annika,

I love Los Angeles. It has already given me so much -- a strong education, a loving family, a lifelong career in public service.

That's why I have set out an ambitious new vision for LA, because I believe the Mayor must have a plan for the future. I want to build more schools for our children and reduce classroom sizes. I want to make Los Angeles safer and greener. I want to create better jobs for our workers, provide better health care and more affordable housing for our families, and develop a 21st Century transportation system for all of us.

I know this has been a tough and negative campaign, but I pledge on my first day in office to begin to bring our city together for real, positive change.

Los Angeles deserves a better Mayor. Someone with big dreams, bold ideas, and an ambitious vision for the future -- a strong leader with a proven record of accomplishment who will roll up his sleeves and work hard to fix our city's problems, large and small.

As Mayor, I pledge to work with you and all of our neighbors to build a better Los Angeles. But I need your help to do it.

I ask your vote on Tuesday, May 17th!

To make our city a better place, we must restore the people's trust in Los Angeles city government. After four long years of waste, fraud, and scandal, I am committed to cleaning house at City Hall and putting an end to the 'pay-to-play' system under Jim Hahn. Because let's be clear: Honesty and ethics at City Hall start at the top, with the Mayor.

I am proud to have received the endorsements of [blah blah blah...].

But today, I am asking you for the most important endorsement of all: your vote.

If you agree that we can and must do better in Los Angeles, I ask for your vote on Tuesday.

It's time to get Los Angeles back on the right track. And I am committed to doing just that. I pledge to you that I will work to bring all residents of our city together and solve the tough problems we face.

But I can't do it alone. I'm going to need your help, along with hundreds of thousands of our friends and neighbors, to get the job done. And it all starts on Election Day.

I look forward to working with you to build a better Los Angeles!

Sincerely,

Antonio Villaraigosa

i confess that i haven't followed the mayoral election in our beloved 2nd largest city very closely, mainly because i won't be voting in it. Something about a scandal and that the current mayor sucks eggs. Everybody piling on the Villaraigosa bandwagon. Whatever.

i hope he'll be a good mayor. L.A. has big big problems challenges, but it is a great town. i notice that transportation is at the end of the list in paragraph three, almost like it was an afterthought. To my mind, light rail should be the priority for the next mayor. Incredibly, nowhere in the email was there any mention of illegal immigration, a subject that seems to be on everybody's lips these days. Progress on that issue would take care of half the other problems he mentioned in that second paragraph.

Anyways, i hope the coronation goes well.

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May 15, 2005

Newsweek Death Toll Continues To Rise

CNN has a new partner in the ranks of journalistic infamy. Both news organizations have blood on their hands.

When i heard about this story, the first thing i thought was "even if it's true, why on earth would they publish that story?"

i admit that's an untenable position to take. Freedom of the press and all that rot. But true or not, the story was going to cost lives. Newsweek had to know that. Did that fact present even a minor speed bump to their rush to embarrass the hated United States?

Apparently not, since Newsweek has now apologized for publishing a lie.

Newsweek magazine on Sunday said it may have erred in a May 9 report that said U.S. interrogators desecrated the Koran at Guantanamo Bay, and apologized to victims of deadly violence sparked by the article.

The weekly news magazine said in its May 23 edition that the original source of the allegation was not sure where he saw the assertion that at least one copy of the Koran was flushed down a toilet in an attempt to get detainees to talk.

'We regret that we got any part of our story wrong, and extend our sympathies to victims of the violence and to the U.S. soldiers caught in its midst,' Editor Mark Whitaker wrote in the magazine's latest issue, due to appear on U.S. newsstands on Monday.

The report has sparked angry and violent protests across the Muslim world from Afghanistan, where 16 were killed and more than 100 injured, to Pakistan to Indonesia to Gaza.

On Sunday, Afghan Muslim clerics threatened to call for a holy war against the United States in three days unless it handed over the interrogators in question.

And yet people still criticize Fox News.

Biased journalism is not just annoying, not just wrong, not just unethical, sometimes it gets people killed.


Update: i shouldn't have complimented Fox News. Even they're sloppy. Reporting on the story this afternoon, Chris Wallace said that Newsweek's source had said he saw the alleged flushing incident, but then backed away from his story. Not true. The source actually told Newsweek's Michael Isakoff that the incident would be mentioned in an upcoming written report by military investigators. The source never saw any incident. He only saw a reference to an allegation of an incident in a report investigating a bunch of alleged incidents. As it turned out, the incident didn't make it into the final report. No matter, Newsweek went ahead with the story. Somewhere, Mary Mapes is probably smiling.

[cross-posted at A Western Heart]

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May 12, 2005

Just Curious

i'm perplexed.

How can Voinovich justify his opposition to Bolton by saying Bolton lacks "common decency" on the one hand -- then say he's met Bolton, likes Bolton, and that he believes Bolton is a "decent" man?

Just curious.

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