Archive for February, 2006

The Arithmetic of Futility (February 27, 2006)

Posted in Iraq, Military on February 27, 2006 by e-commentary.org

“We need to continue fighting to vindicate the deaths of the three dead service men.”

“We need to continue fighting to vindicate the deaths of the eleven dead service men.”

“We need to continue fighting to vindicate the deaths of the twenty nine dead service men.”

“We need to continue fighting to vindicate the deaths of the fifty four dead service men.”

“We need to continue fighting to vindicate the deaths of the eighty dead service men.”

“We need to continue fighting to vindicate the deaths of the one hundred and one dead service men.”

“We need to continue fighting to vindicate the deaths of the one hundred and twenty four dead service men.”

“We need to continue fighting to vindicate the deaths of the one hundred and eighty two dead service men.”

“We need to continue fighting to vindicate the deaths of the two hundred and seventeen dead service men.”

. . . . . . . . . .

“We need to continue fighting to vindicate the deaths of the nine thousand six hundred and forty five dead service men.” 

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Perjury, The American Way (February 20, 2006)

Posted in Law, Perjury/Dishonesty, Society on February 20, 2006 by e-commentary.org

Hundreds of thousands of American swear every day to: “tell the truth, the whole truth and nothing but the truth,” and then consciously don’t.  They may tell the truth and may tell nothing but the truth, but they don’t tell the whole truth.  They are counseled beforehand not to tell the whole truth.  They are counseled to lie.  That practice does not vary in any state or federal court in the Republic.  Lying is formally institutionalized.  Alberto “Torture Boy” Gonzales continued the long and storied American tradition.  In his confirmation hearings on January 6, 2005, the following exchange occurred:

SPECTER: Thank you very much, Senator Salazar.

Judge Gonzales, would you now stand for the administration of the oath? Raise your right hand.

Do you solemnly swear that the testimony you will give before the Senate Judiciary Committee will be the truth, the whole truth and nothing but the truth, so help you God?

GONZALES: I do.

SPECTER: Would you begin, Judge Gonzales, by introducing your beautiful family?

During the questioning, Senator Feingold (D-Wis.) inquired into whether the president could authorize warrantless wiretapping of U.S. citizens.  In response, Torture Boy discounted the possibility and diverted Congress’ attention by referring to the matter as a “hypothetical situation” at a time when it was a settled practice of the president.  The whole truth?  He lied, but he is in power so lying is de rigueur.  Perjury is the American Way.

[See Carol D. Leonnig, “Gonzales Is Challenged On Wiretaps,” The Washington Post, January 31, 2006, page A07.]

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California Prisons Explode Again (February 13, 2006)

Posted in Law, Politics, Prison/Criminology, Supreme Court on February 13, 2006 by e-commentary.org

Almost a year after Johnson v. California was issued by the Supremes, the California prison system exploded again.  [See the February 28, 2005 e-ssay entitled “The Courts, the California prison experiment and the Y Chromosome.”]  Prisoners fight and fornicate.  The legal issue is black and white (and brown).  Prisoners of all stripes uniformly requested to be segregated.  The jury has spoken.  Respect the jury.  Separate the prisoners.

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Federalism Distorted (February 6, 2006)

Posted in Law, Politics, Supreme Court on February 6, 2006 by e-commentary.org

Federalism questions – those involving the interplay of federal and state law – are determined by ideology not principle or doctrine.  When a state desires to allow a citizen to use medical marijuana, the Right embraces federal law limitations to preclude individual choice because the Right dislikes dope.  When a state offers to allow and regulate assisted suicide, the Right embraces federal law limitations to preclude individual choice because the Right decides who gets to decide.  However, when the federal government respects a fundamental right that is anathema to the Right’s agenda, the Right disregards the commerce clause and other constitutional safeguards and embraces states’ rights to trump the federal provision and rights.  These are the rules of the game.  The rule of law has been replaced by the law of rules.

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