Incredible. I'm at a loss for words. While one could make an argument for Fox's suit against Franken (a very, very poor argument), this is wholly meritless. Luskin's own article, entitled "We Stalked. He Balked" is more than enough to demonstrate how frivolous this suit is.
Some suspect that this is just a method for "outing" the identity of Atrios. I'm not so sure that really is the point, but if I were Atrios, I wouldn't be too worried. Here is a good summary of all the relevant information on "outing" online identities: Chilling Effects
Indeed, as these resources indicate, responding to a potential complain from Luskin does not require the respondent reveal his/her online identity.
posted by A_B at
8:16 PM
Reason #1 For Anonymity
Slashdot is running a story about a temp-employee at Microsoft who took a picture of some Macs being delivered there and then blogged about it. Shortly thereafter, they let him go.
Here's my #1 argument for not giving out my identity online:
eclecticism > Of blogging and unemployment
Here's his original post: link
posted by A_B at
1:46 PM
The Rightwing Blogosphere Gets It Wrong (Again)
I was looking around to see what's got the Rightwing of the blogosphere talking and came across this post at "AMCGLTD.COM" that Instahack claimed really tore up Newsweek's drubbing of Bush's $87 billion dollar fiasco.
Scott, at AMCGLTD.COM linked to a post made by an Iraqi blogger describing the electricity situation here. And of course, the Rightwinger's post had little relation with reality, and ironically, considering he was claiming Newsweek was inaccurate and misleading, it was full of holes.
Now, Newsweek might have been wrong, but the Iraqi blogger's post not only didn't show that, it actually supported Newsweek's account.
Here was my response (posted here basically because I post so rarely, this is better than nothing):
I'll start with the narrow parsing:
(1) Where is the citation to an article that shows that Iraqis are not saying that Saddam restored electricity in 3 months? I'll admit this is a tad weasly like "Bush never said 'imminent threat'", but the Newsweek article says that Iraqis said Saddam restored it in 3 months. Not that he actually did.
However, that would still be misleading if coalition forces had restored energy levels to the point that Saddam did or did a better job than him.
(2) The problem is, American forces have hardly matched the prewar situation. First, if we believe that zeyad at "Healing Iraq" is wholly accurate (I'll assume his recollection is), Baghdad had it's power restored fully with Saddam. American forces still haven't done that.
(3) While zeyad details Baghdad's electricity situation, based on the comment, "[t]he coalition authority attempted to balance the situation. They ordered that power be supplied to all provinces even if doing so on the expense of the capital ..." we can safely assume that the outlying areas are as good or worse than Baghdad. Thus, zeyad's description of Baghdad's electricity can be applied to the outlying areas.
So, while somewhat ambiguous, zeyad said, "[t]hree or four weeks ago, the minister of electricity ... announced that electric power stations have finally been fixed, reaching pre-war production levels. The following days we were delighted to have 10, 12 hours (or even a full day!) of continous electricity." This post was on Oct. 21, 2003, so lets say the restoration happened around the end of September. May 2, 2003 was the end of "Major Combat." So it took nearly 5 months for electricity production to reach prewar levels (see point 5 below). And this production resulted in electricity for people in outlying areas that equaled or sometimes exceed, prewar levels ("12-16 hours of outage" prewar, 10, 12 sometimes 24 after according to zeyad). Not exactly fantastic results for the American forces, but the Newsweek article details the extenuating circumstances as to why it took longer than Saddam took to reach this production amount.
But zeyad goes on to say, "[h]owever the outage scheduling returned about a week ago..." and one can guess that this means that the outlying areas were getting less than prewar levels since they were only recently getting prewar levels. And then, "[b]ut the last two days something apparently went wrong. ... Someone from the ministry of electricity stated yesterday that outage scheduling will remain in effect through the whole of winter. Bad news I guess. I just hope it will be fully restored until next summer. I'm not very enthusiastic about spending another summer like the last one. It was like Hell." While zeyad doesn't detail how much worse this is than what happened a week ago, it would appear, logically, it's even worse than that and thus, electricity is not to the prewar levels outside of Baghdad.
So what does this mean? It means that American forces were able to restore electricty production to pre-war levels in areas outside of Baghdad for 2 to 3 weeks ("3 to 4 weeks ago" minus "last week") since the end of "Major Combat." The Coalition forces have not yet restored Baghdad to prewar levels.
Worse, zeyad says that the outages (i.e., worse than prewar levels) will go on through the Winter.
Doing the math, that means from May 2003 through Winter of 2004 (perhaps longer), electricty in outlying areas will reach prewar levels for a total of 2 to 3 weeks. And till now, Baghdad is still not where it was (and it doesn't look good for the rest of the year for anywhere in Iraq).
Reasonable people may differ, but restoring electricty to outlying areas to prewar levels for 2 to 3 weeks out of approximately nine months, and not near prewar levels to Baghdad, isn't a great showing for the American forces. Moreover, it supports the contention that things aren't going to well with electricity production in Iraq as Newsweek argues.
As for the time it took Saddam to restore electricity, zeyad's post seems to indicate that, since the cease fire took place February 28, 1991, it took Saddam two months (April 28) to fully restore electricity to Baghdad. (For chronology of Gulf War I: Frontline). It took almost 5 months for American forces to reach similar electricity production levels (diluting Baghdad's electricity to outlying areas of course).
(4) As zeyad makes clear, "[t]he regime simply refused to maintain or upgrade the power grid and blamed the UN embargo on this." The point of the Newsweek article is that the American forces are having problems restoring electricity. Zeyad states that Saddam could have restored it, but didn't. Who knows if zeyad is accurate, but if you're going to believe outages were 12-16 hours a day in outlying areas (ie, and never fully fixed), you gotta believe this as well.
While this doesn't mean that Saddam could have completely restored electricity to Iraq in "3 months," (using the number Iraqis quote), it also doesn't mean he couldn't. Scott's point is that this article is inaccurate. His problem is that the zeyad post doesn't provide proof that Saddam was similarly unable to provide electricity to all of Iraq. Rather, as zeyad states, Saddam chose not to. While one might assume that Saddam couldn't have restored it, zeyad's post doesn't show this.
(5) Scott is hypocritical to complain of Newsweek's misleading content, when his post was even more misleading. In addition to the above points, which Scott may not have thought about, why did Scott leave out this bit from the Newsweek article, "It is only in recent weeks that the Coalition amped up to the power-generation level that Saddam achieved last March—4,400 megawatts for the country (though it’s since dropped back)..." which exactly mirrors the ups and downs described by zeyad concerning the electricity situation? If Scott's point is about not being misleading, why not include the points of the Newsweek article (on electricity) that demonstrate how accurate it was? Moreover, why not include the portion of zeyad's post that describes Saddam's refusal to restore electricity, which could explain the blackouts in the outlying areas? It's also misleading to leave out the reduction of electricity until at least the winter that zeyad describes. To not include these relevant portions is highly misleading and underestimates the problems in Iraq to, what I argue, a higher degree than what Scott says is Newsweek's overestimation.
posted by A_B at
3:19 AM
Tuesday, October 28, 2003
Bush and the Banner
Today, in President Bush's press conference the following exchange:
Q Mr. President, if I may take you back to May 1st when you stood on the USS Lincoln under a huge banner that said, "Mission Accomplished." At that time you declared major combat operations were over, but since that time there have been over 1,000 wounded, many of them amputees who are recovering at Walter Reed, 217 killed in action since that date. Will you acknowledge now that you were premature in making those remarks?
THE PRESIDENT: Nora, I think you ought to look at my speech. I said, Iraq is a dangerous place and we've still got hard work to do, there's still more to be done. And we had just come off a very successful military operation. I was there to thank the troops.
The "Mission Accomplished" sign, of course, was put up by the members of the USS Abraham Lincoln, saying that their mission was accomplished. I know it was attributed some how to some ingenious advance man from my staff -- they weren't that ingenious, by the way.
The most elaborate ?Eand criticized ?EWhite House event so far was Mr. Bush's speech aboard the Abraham Lincoln announcing the end of major combat in Iraq. White House officials say that a variety of people, including the president, came up with the idea, and that Mr. Sforza embedded himself on the carrier to make preparations days before Mr. Bush's landing in a flight suit and his early evening speech.
Media strategists noted afterward that Mr. Sforza and his aides had choreographed every aspect of the event, even down to the members of the Lincoln crew arrayed in coordinated shirt colors over Mr. Bush's right shoulder and the "Mission Accomplished" banner placed to perfectly capture the president and the celebratory two words in a single shot. The speech was specifically timed for what image makers call "magic hour light," which cast a golden glow on Mr. Bush.
"If you looked at the TV picture, you saw there was flattering light on his left cheek and slight shadowing on his right," Mr. King said. "It looked great."
...
The White House takes great pride in the backdrops, which are created by Mr. Sforza, and has gone so far as to help design them for universities where Mr. Bush travels to make commencement addresses. Last year, the White House helped design a large banner for Ohio State as part of the background for Mr. Bush; last week, the White House collaborated with the University of South Carolina to make Sforzian backdrops for a presidential commencement speech in the school's new Carolina Center.
"I am happy to see you, an so are the long-suffering people of Iraq. America sent you on a mission to remove a grave threat and to liberate an oppressed people, and that mission has been accomplished."
BILL PRESS: Bush said...the crew of the ship put that sign up. Now we find out the White House has just confirmed, we just got this handed to us...Senior Navy officials now confirm the sign was in fact produced by the White House
Actually, I'd file it under "must read." While the arguments made are no silver bullet to solve the problems ailing the Democratic party, it is an area that Republicans have been wiping the floor with Democrats.
posted by A_B at
10:56 PM
Wednesday, October 22, 2003
That "Confidential" Rumsfeld Memo
So I was scanning the various blogs today when I came across a post over at ~~~TBOGG~~~ and the spin over the Rumsfeld memo. He linked to Junkyardblog, which claimed that the memo was "confidential" and all other sorts of conspiracy theories. To wit,
That lack of basic opsec has placed a confidential memo from SecDef Rumsfeld to his immediate subordinates, including the Chairman of the Joint Chiefs, into the hands of people who wish them ill, and into the hands of our enemy. ... The leak of this memo is in my mind far worse than the Valerie Plame leak, because it gives our enemies a little window into the mind of the man leading the military aspects of the war. It lets them into the inner circle in a way that the Plame leak--outing an agent who hadn't been under cover for some time--never could. The leaker should be jailed for treason.
Anyway ...
IsThatLegal? made the sensible argument that this wasn't a "leak", but rather a "release."
So I figured I'd go over to the Pentagon's website and read about the press conference where Pentagon spokesperson DeRita addressed the controversy:
And I can answer a few questions on the memo, if that would be helpful.
Q Yeah.
Q Sure.
Q Thank you.
Q Can you give us the memo?
MR. DI RITA: Can I give you the memo? I don’t know.
…
Q Can we have a copy, I mean, if it’s not secret?
MR. DI RITA: It’s a thought. It’s a thought.
Q I mean, since it’s not a secret.
Q If we can’t, is there anything in the USA Today’s printing of it that is incorrect or that eliminated parts —
MR. DI RITA: I’m told that the USA Today article links to a website that may have the memo on it.
The recent "meme" amongst the right is that the administration never claimed that Iraq was an "imminent threat." When pressed with evidence of the administration's tactics to make Iraq look like an imminent threat, however, the argument devolves to, "the administration never said the words 'imminent threat.'" That is, as long as the administration did not use those exact words every argument making a similar point is fully excused.
Now, it's clear that the right's argument is just silly. Who cares if the exact words weren't used when administration officials were talking of "gathering" threats (a synonym of "imminent") or not waiting for "mushroom clouds"? It's just absurd.
QUESTION: The question, though, is it the President's view right now that the threat from Saddam is a very imminent one, that he could strike out at any moment and has intention to?
MR. FLEISCHER: I think, from the President's point of view, it remains a very grave threat.
But I thought I'd do a quick search to see if it was actually true that the administration never called Iraq an "imminent threat."
I hit the White House web site and did a search for "imminent."
And wouldn't you know, in the 90 hits (not all relevant, such as "imminent bankruptcy"), the administration officials never once say, literally, "Iraq is an imminent threat." Of course, never do they say, "Iraq is not an imminent threat." Indeed, other than the President's statement in the SOTU where he says other people say we should wait until the threat is "imminent" (and then goes on to explain how, essentially, it should be considered "imminent" in a Post-9/11 world), when asked, no one in the administration has ever denied that the argument for war was about imminence.
This is not to say that the results didn't provide plenty of evidence that the Administration signs on to the whole idea that Iraq was an imminent threat.
For example:
QUESTION: Ari, the President has been saying that the threat from Iraq is imminent, that we have to act now to disarm the country of its weapons of mass destruction, and that it has to allow the U.N. inspectors in, unfettered, no conditions, so forth.
MR. FLEISCHER: Yes.
Feel free to check the context here. It adds nothing to Ari's confirmation that indeed, the President was saying that Iraq was an imminent threat.
QUESTION: Well, we went to war, didn't we, to find these -- because we said that these weapons were a direct and imminent threat to the United States? Isn't that true?
MR. FLEISCHER: Absolutely. One of the reasons that we went to war was because of their possession of weapons of mass destruction. And nothing has changed on that front at all. We said what we said because we meant it. We had the intelligence to report it. Secretary Powell said it.
MR. FLEISCHER: This is where -- Helen, if you were President you might view things differently. But you have your judgment and the President has others.
Then there was the President's letter written September 19, 2003 expressing the actions being undertaken as part of the war on terror, which the invasion of Iraq has repeatedly been linked to:
In furtherance of our worldwide efforts against terrorists who pose a continuing and imminent threat to the United States, our friends and allies, and our forces abroad, we continue operations in other areas around the globe.
So our war on terror is an "effort against terrorists who pose a continuing and imminent threat to the United States...." Iraq is attacked as part of our war on terror. Logically, Iraq is an imminent threat. ... I feel like I'm insulting everyone's intelligence laying this out.
Of course, the first question will be, "why didn't he mention Iraq in that letter? Doesn't that mean it wasn't an imminent threat?" Ask yourself which of the following options is more likely: Iraq is the one opponent in our war on terror that isn't one of the "imminent threat" nations, isn't part of our war on terror, or he is including it as part of "operations in other areas around the globe." For example, the letter from a year earlier also talking of "imminent threat[s]"
Q -- told the American people that there was an imminent, direct threat?
MR. McCLELLAN: The President made it very clear that we need to act to confront threats in a post-September 11th world before it's too late, before those threats reach our shores and it's too late.
The first response from the freeper crowd is, "he didn't say 'imminent threat'! He said 'before those threats reach our shores and it's too late' which doesn't mean imminent ... right?"
The implication being that McClellan is denying that Iraq is an imminent threat through his careful wording. The problem with the freeper-type argument comes further in the same press briefing where, when asked whether Iran is an "imminent threat", he demonstrates what a "no" looks like:
Q Scott, two questions. First, on Iran. Can you clarify, does the President believe that Iran represents and imminent threat to the United States?
MR. McCLELLAN: We've never said that. We've said that we have serious concerns about their nuclear activities, that there is no reason other than that they would be pursuing nuclear weapons, for them to have those -- to have nuclear energy.
Q But the threat is not imminent to the United States.
MR. McCLELLAN: We've never said that.
Looks bad for those who want to interpret McClellan's earlier statements as a denial.
Q But it's definitely fair to say that there was significant debate and a number of questions about how imminent the threat was and if it was imminent enough to actually go to war against Saddam Hussein, right before the war. And what Democrats are saying is that the evidence the President gave at the State of the Union and others gave elsewhere now doesn't really hold up, in terms of how imminent the threat was.
MR. McCLELLAN: No, not at all. And, in fact, I'm glad you brought that up. Because I've talked about the large body of evidence relating to the threat posed by Saddam Hussein and I won't go back through that. But it was something that was well documented by the United States and by the international community. And, remember, there was a congressional resolution passed last year stating very clearly in an overwhelming way the support for the steps that we were taking.
We live in a post-September 11th world now. Those vivid and tragic events of September 11th brought to light the threats that we face in a very real way and we are going to address them. The President will not ignore growing threats, because we cannot afford to wait and see American lives lost because of the threats that exist.
One has to assume McClellan is a total idiot if he says he's talked about the "large body of evidence relating to the threat posed by Saddam Hussein" if that threat wasn't an "imminent" one. That is, if that evidence wasn't to demonstrate an "imminent" threat, what type of threat was it and why didn't he say it was a different type of threat? Those are the types of hoops you have to jump through to maintain that the White House wasn't saying it was an "imminent threat." I must say, righties must be exhausted.
Q But if, indeed, the threat was imminent before we went in, in the middle of March, why not have as many people as possible on the ground, regardless of their affiliation, to find these weapons? Because the last thing that you want is to have them get into --
MR. FLEISCHER: Because the coalition is leading this effort and will continue to do so, for those reasons.
Once again, no denial of the underlying "imminent threat." Ari must be pretty stupid too.
More of Ari's stupidity or acknowledgement that the threat is "imminent":
Q Some of those who have been reluctant to go along with us have, in essence, asked the question, what's the urgency, what is a sign that this is an imminent, like, immediate threat?
MR. FLEISCHER: And in that point what the President would tell you is that, one, Saddam Hussein has committed to giving up the weapons of mass destruction, and if the United Nations is to have a meaningful place in our world, the United Nations resolutions vis-a-vis Iraq to give up the weapons of mass destruction must be enforced. Otherwise, the world can never rest easy because he'll continue to have them.
Two, September 11th changed everything for the United States and, indeed, for this President. While the notion of containment may previously have made some sense prior to September 11th, September 11th changed everything because it shows that we are indeed a vulnerable country, that threats to us cannot be contained. As the President said in his State of the Union speech, imagine if any of the hijackers on September 11th had not only driven their planes into buildings, but were armed with a vial, a canister, a crate of a biological or a chemical weapon. The damage done to our country would have been massive. The risk remains and the risk is nowhere greater than under Saddam Hussein.
Q Can you substantiate the credibility of the President's statement that Iraq is capable of, or direct an imminent attack on the United States? And I have a follow-up.
MR. FLEISCHER: The President does believe that Iraq is a direct threat to the United States as a result of Iraq having weapons of mass destruction, particularly biological and chemical weapons.
Here's an interesting bit. A little while back, the White House, through the National Security Council, issued a paper titled "The National Security Strategy." In it, the White House lays out its criteria for engaging in a preeminent attack on a foreign nation. It goes on at length to qualify when it should be undertaken, and to that end, describes particular qualities of nations that are suitable:
For centuries, international law recognized that nations need not suffer an attack before they can lawfully take action to defend themselves against forces that present an imminent danger of attack. Legal scholars and international jurists often conditioned the legitimacy of preemption on the existence of an imminent threat—most often a visible mobilization of armies, navies, and air forces preparing to attack.
We must adapt the concept of imminent threat to the capabilities and objectives of today’s adversaries. Rogue states and terrorists do not seek to attack us using conventional means. They know such attacks would fail. Instead, they rely on acts of terror and, potentially, the use of weapons of mass destruction—weapons that can be easily concealed, delivered covertly, and used without warning.
The targets of these attacks are our military forces and our civilian population, in direct violation of one of the principal norms of the law of warfare. As was demonstrated by the losses on September 11, 2001, mass civilian casualties is the specific objective of terrorists and these losses would be exponentially more severe if terrorists acquired and used weapons of mass destruction.
The United States has long maintained the option of preemptive actions to counter a sufficient threat to our national security. The greater the threat, the greater is the risk of inaction— and the more compelling the case for taking anticipatory action to defend ourselves, even if uncertainty remains as to the time and place of the enemy’s attack. To forestall or prevent such hostile acts by our adversaries, the United States will, if necessary, act preemptively.
The United States will not use force in all cases to preempt emerging threats, nor should nations use preemption as a pretext for aggression. Yet in an age where the enemies of civilization openly and actively seek the world’s most destructive technologies, the United States cannot remain idle while dangers gather.
What this paper is arguing that while the standard of "imminent threat" is appropriate, there needs to be an adaptation of the concept to include nations, which apparently, resemble Iraq, and the threat that they pose. This paper makes clear that the White House would redefine "imminent threat" to include dangers that one would also call "gathering." Thus, everytime "gathering" is used rather than imminent, it actually indicates that while the White House deems the danger "imminent" in a Post-9/11 world, it understands that it hasn't fully affected the redefinition.
President Bush explains why we need this new definition:
Saddam Hussein is a threat to our nation. September the 11th changed the strategic thinking, at least, as far as I was concerned, for how to protect our country. My job is to protect the American people. It used to be that we could think that you could contain a person like Saddam Hussein, that oceans would protect us from his type of terror. September the 11th should say to the American people that we're now a battlefield, that weapons of mass destruction in the hands of a terrorist organization could be deployed here at home.
And new technology requires new thinking about when a threat actually becomes "imminent." So as a matter of common sense, the United States must be prepared to take action, when necessary, before threats have fully materialized.
Thus, if "imminent threat" is the standard for "preemptive actions" and we invaded Iraq as a "preemptive action" then Iraq is an imminent threat according to Bush Administration calculus. Again, sorry for insulting the intelligence of the non-idiots out there.
Interestingly, the paper "endorses" the fact that "imminent threat" is synonymous with "gathering danger" if the Thesaurus wasn't enough for you (look it up). Consequently, the following statement by the President is an argument for "imminent threat":
The House of Representatives has spoken clearly to the world and to the United Nations Security Council: the gathering threat of Iraq must be confronted fully and finally ....
Of course, the use of "gathering" and to claim that it doesn't count as a claim of "imminence" is disingenuous when the White House is attempting to redefine "imminent." The legalistic stance is that "if we wanted to say 'imminent' we would" and thus the freepers have ammunition to claim that the Administration never used the literal words "imminent threat." However, that's a difference without meaning when one party is attempting to redefine the words.
What the White House is attempting to create is similar to, for example, what shock-DJs do to get around FCC rules. Instead of violating rules against using "fuck" on the radio, shock-DJs use "friggin'." If ever fined by the FCC, they merely have to point to the literal word used, rather than the meaning obviously intended to convey. It's juvenile and disingenuous, but it works.
However, in contrast to shock-DJs who, I imagine, rarely describe the methodology and purpuse for the coding, the White House has done so with its National Security Strategy paper.
Q A direct and imminent threat to the United States. That's what sold Congress.
MR. McCLELLAN: It was a grave and gathering threat, and the President is --
Somebody tell the White House that if they want to pussy foot around "imminent threat" they should stop using synonyms. To wit:
Entry: imminent
Function: adjective
Definition: at hand
Synonyms: approaching, brewing, close, coming, expectant, fast-approaching, following, forthcoming, gathering, immediate, impending, in prospect, in store, in view, ineluctable, inescapable, inevasible, inevitable, likely, looming, menacing, near, nearing, next, nigh, overhanging, possible, probable, threatening, to come, unavoidable, unescapable
Thesaurus.com ... I looked it up for you. I'm such a nice guy.
In any case, the Thesaurus definition is evidence of the whole irony of the situation. While the White House attempts to redefine what exactly is an "imminent threat", they use a word that is actually the synonym for "imminent."
I should note that the redefinition is of the term of art "imminent threat." The irony only functions in the reductive and literalistic sense of making comparisons amongst things like Thesaurus entries. Of course, the literalistic sense is the one that is adhered to when the righties try to argue that the White House never used the words "imminent threat." If one looks at the meaning of "imminent threat," one can see numerous examples of the White House conveying that meaning. If one looks literalistically at the use of "imminent threat," then the White House has been much more defensible.
Another example of this in-progress, redefinition:
QMy question -- I don't know if you've addressed this in the past, but is the President at all concerned in all of this talk about intelligence that some of his supporters and some of the people in this country may feel misled at all about the imminence of Saddam Hussein's threat or -- as opposed to whether or not the threat could be contained? Because that was really the debate, whether or not Saddam Hussein could be contained or whether he was an imminent threat. Some of the things that you're talking about go straight to the argument about imminence. So does the President feel or is he concerned that Americans might feel misled?
MR. McCLELLAN: No, the President was very clear when he outlined the grave and gathering threat posed by Saddam Hussein and his regime. The reason we acted was because it was real and because of the new threats that we faced in a post-September 11 world, the potential nexus between outlaw regimes and terrorists or terrorist organizations, where the damage would be far greater and far more tragic and horrific than anything we've imagined before, if that came to bear.
Yet another of the subtle, redefinitions, however, in this case, to contradict a question that said that the threat sounded "non-imminent," Ari went so far as to use the "gathering" synonym to contradict the implication of the reporters question:
Q The subsequent question I have for you is, the President in his speech two nights ago described the Iraqi threat as one that could be one to five years into the future to obtain either a nuclear weapon or something that could strike us, a non-imminent threat. In the President's mind, is he in this action, setting a precedent that the United States could now act, either preemptively or preventively, depending on how you define it, against a threat that is not an imminent one against the United States?
MR. FLEISCHER: Well, here's how the President approaches this. He believes, number one, based on the reviews conducted by the attorneys, that there already exists a legal basis both in international law, as well as in domestic law, for the use of force to disarm Saddam Hussein. And that is also found in Security Council Resolution 678 and 687, as well as 1441. The President also believes that there is a gathering threat from Iraq, that with the failure by Saddam Hussein to disarm of his weapons of mass destruction presents a threat to the security of the United States. And therefore, he has come to the conclusion that after exhausting the diplomacy, that military force must be used if Saddam Hussein does not get out of the country.
That summarizes it for him. In terms of precedents, et cetera, David, I think some people have made the case -- and different people will have different historical views of these things -- but you can look at the Cuban missile crisis, of course, where there was a decision made without the United States being "attacked" to conduct a quarantine or an embargo, which, of course, international lawyers will tell you is an act of war.
And so I think you're going to find the historians, legal scholars will have differing conclusions about these matters. But the conclusion the President reaches is that Iraq's failure to disarm presents a threat to the people of the United States and, therefore, he is prepared to use force.
In addition, Ari conventiently ties the international law aspect of the Security paper as well.
So what does this all mean? It means, first of all, that the White House is very careful in its use of language. That shouldn't come as a surprise, but it's noted. Second, the White House has endorsed the idea that Iraq was an "imminent threat" through both confirmation ("absolutely") or non-denial of the premise when asked about the "imminent threat." Third, the White House gets that it can't really make the argument for an "imminent threat." As a result, officials are trying to redefine broadly what constitutes an "imminent threat" to national security in order to jam the war with Iraq into preexisting norms of international law.
Lastly, it demonstrates you have to be a disingenuous asshole to claim that the White House wasn't trying to convey the idea that Iraq was an imminent threat.
UPDATE: Went from Merriam to Thesaurus.com.
posted by A_B at
3:48 AM
Thursday, October 09, 2003
How Many Law Professors Does It Take to Write a Crappy Blog?
Who knew that Instahack was doing us all a favor by writing his blog by himself? It appears that the more right-wing law professors you pack into one blog, the worse it gets.
The Right Coast is made up of [six] law professors from the University of San Diego Law School. They are: Gail Heriot, Saikrishna Prakash, Michael Rappaport, Maimon Schwarzschild, Thomas Smith, and Christopher Wonnell. If you review their brief bios, you can't help but be impressed. A handful of Yale Law degrees is nothing to sneeze at.
So what explains the blog? It runs from the inane (very bloggy though) to mendatious, to clueless. Are some of their students putting this together to discredit them?
The first post I saw was posted yesterday. There, Prof. Rappaport (Yale JD 1985) spins the California election like a top and lies through his teeth.
For example:
[T]he NY Times may have been worse [than the LAT], releasing information that suggested Arnold admired Hitler. The information was released only a couple of days before the election, although the book proposal from which it was derived was made in 1997. Moreover, the Times failed to have the producer check the actual transcript from which the quotes were taken. Once he did, Arnold was exonerated, as the book proposal had misleadingly and inaccurately rendered his language. Quite a performance for the Newspaper of Record.
After reading that, one has to question whether Prof. Rappaport is surrounded by a sea of "yes-men" (AKA students looking for good grades and recommendations) that never bother to fact check him.
I'll go through it point by point.
Rappaport: "The information was released only a couple of days before the election...."
One merely has to look at the URL of the link to see that Rappaport is lying. The story was released October 3, 2003. The date of the election was October 7, 2003. If Prof. Rappaport wasn't Yale J.D. 1985, I'd be willing to give him the benefit of the doubt that he was just a big dope and screwed up the dates. But he's not a dope and this is an example of a pattern of behavior on this blog. But I'm getting ahead of myself. One might ask oneself, "isn't this pretty trivial? It's just a matter of a couple days." My response to this is a pearl of wisdom that I am sure Prof. Rappaport is familiar with: if you're willing to lie about the little stuff, you're likely to lie about the big stuff. Why didn't Prof. Rappaport say, "a few", "several", "a handful", "less than a week" instead of "a couple"? It's because he wanted to spin it as if the NYT's behavior was incredibly egregious, instead of just "sorta" egregious. There's no argument that the release of this information did come close to date of the election. However, it's clear he had no qualms about spinning it even further with a lie.
And that's not the only misleading statement in the short paragraph: "Moreover, the Times failed to have the producer check the actual transcript from which the quotes were taken."
From the NYT article that Rappaport links to:
After early editions of The Times were printed Thursday night, Mr. Butler called a reporter to say that he had driven to his home in New Hampshire to find transcripts of the interviews with Mr. Schwarzenegger that Mr. Butler said corrected certain quotations and provided fuller context. Later editions of The Times included the fuller quotations.
Rappaport spins and spins to make it sound like the NYT is flat out evil. However, he leaves out the fact that the text was corrected in later editions of the same paper and that the full response of the Schwarzenegger Campaign was released the next day. Indeed, the very article that Rappaport links to includes the corrected quotation. Again, is he surrounded by "yes-men" that give him passes on this?
Rappaport goes on: "Once he did, Arnold was exonerated, as the book proposal had misleadingly and inaccurately rendered his language."
While it is true that the additional language corrected one of Schwarzenegger's statements (Incorrect: "I admire him for being such a good public speaker and for what he did with it."), and added, "So you know," he continued, "I despise anything that Hitler stands for, anything he has done, hated the Nazism, hated what was done during the Second World War ...." Arnold was hardly exonerated. Indeed, he still admired Hitler. Arnold went on,
"The feeling like Kennedy had, you know, to speak to maybe 50,000 people at one time and having them cheer, or like Hitler in the Nuremberg stadium," he said, the transcript shows. "And have all those people scream at you and just being in total agreement with whatever you say."
The article also details:
In an interview on Wednesday at his home on the Upper East Side of Manhattan, Mr. Butler stood by his recollection of a young Mr. Schwarzenegger playing Nazi marches and mimicking an S.S. officer.
Butler goes on to excuse this behavior as "as passing behavior of an immature young man who had quickly grown up, and he said the comments were a product of the body-building culture of the 1970's. "It is the wackiest, zaniest, silliest, strangest world on earth," Mr. Butler said. However, that's Butler's conclusion and is hardly an exoneration of the behavior for a lot of people.
Of course, Prof. Rappaport doesn't want you to know any of that as he spins and spins.
In the next paragraph Prof. Rappaport goes on: "(And I won’t even mention the Democrat judges of the Ninth Circuit who sought to call the entire election off.)"
Try to believe that this guy is a professor of law. Can't do it? Neither can I. As anyone, lawyer or not, who has actually followed the election decisions in California knows, the District Court did not try and call the election off. Repeat did not try and call the election off. Rather, if the District Court's decision was not overturned by the 9th Circuit, the election would have been delayed in order to prevent the possible disenfranchisement of 40,000 voters. Doesn't he read his local paper? SignOnSanDiego.com
And I won't even get into how misleading his "Democrat judges of the Ninth Circuit" line is ... O.K., I can't resist. Continuing from the article: "'Californians will get to vote on Oct. 7. That's what this has been about from the very beginning,' said lawyer Charles Diamond, who represents recall leader Ted Costa of People's Advocate.
Diamond lauded the panel, comprised mostly of Democrat appointees, for being 'supremely bipartisan.'"
Damn those bipartisan Democrats that overturned the District Court's decision! They're trying to stop the election. No, wait...
Again, try to believe this guy is a professor of law.
----
And then there's today's snarky response to George Will's article. The Captain of S.S. Clueless, Prof. Tom Smith, apparently didn't get the fax from the RNC: we're pooh-poohing the recall now so Arnold doesn't get recalled. I love it when conservatives aren't on the same page. Maybe Smith should read his local paper once and a while: >Never fully tested before, change is needed
A series of changes is needed. Together, they would bring clarity to a constitutionally confused process. They would appropriately raise the bar for a recall movement successfully making the ballot, and for candidates who want to run. They would eliminate the prospect – one of the concerns about today's balloting – that an officeholder would be ousted by the majority and replaced by a candidate who did not receive majority support. They would inject a greater degree of fairness. And they would provide election officials with badly needed flexibility."
Yeah, that wacky George Will way off in D.C."curling [his] toes in [his] Persian rug in whatever tony DC suburb [he] abide[s] in." He really is way off base from what the San Diego locals are thinking.
And then there's this nugget of wisdom from Prof. Smith: "Instead, in one of the highest turnouts in California history ..." Really Prof? While I hate to sound like a right-wing idealogue, maybe you should get out of your Ivory Tower on occasion. As the San Jose Mercury News reports:
The final turnout may not be known for a week or more, but as of Wednesday afternoon, about 8.3 million votes had been counted, with an additional 750,000 to 1 million absentee and provisional ballots expected to be tallied, said Terri Carbaugh, assistant secretary of state. With just fewer than 15.4 million registered voters in California, turnout probably will be in the neighborhood of 60 percent, Carbaugh said.
Beats last year
That would eclipse the dismal 50.6 percent turnout in last year's gubernatorial election. It would be on par with gubernatorial races from 1986 to 1998, but well below the 70 percent or more of registered Californians who typically vote in presidential elections.
The couple's lawyer, Christopher Wolf, says "obviously the Wilsons' right to privacy has been violated."
A government-wide investigation is now under way to find out the source of the leak.
Wilson has accused the Bush administration of twisting the evidence to exaggerate the threat from Iraq. And Wolf says it appears that the information was disclosed about Plame in retaliation for Wilson's "speaking out."
He says the couple retained his law firm "to advise them on what claims if any they may have as a result of this episode."
Wolf says their "foremost interest is in seeing that the national interest is served."
Amongst Wolf's numerous practice areas: Defamation, Libel, Litigation, and Privacy. Looks like they got a winner.
posted by A_B at
5:43 PM
PIPA's seven polls, which included 9,611 respondents, had a margin of error from 2 to 3.5 percent.
The analysis released Thursday also correlated the misperceptions with the primary news source of the mistaken respondents. For example, 80 percent of those who said they relied on Fox News and 71 percent of those who said they relied on CBS believed at least one of the three misperceptions.
The comparable figures were 47 percent for those who said they relied most on newspapers and magazines and 23 percent for those who said they relied on PBS or National Public Radio.
The reasons for the misperceptions are numerous, Kull and other analysts said.
They noted that the Bush administration had misstated or exaggerated some of the intelligence findings, with Bush himself saying in May: "We found the weapons of mass destruction … and we'll find more as time goes by."
The Bush administration has also been a factor in persistent confusion.
Last month, for example, Bush said there was no evidence that Saddam was involved in the Sept. 11 attack after Vice President Dick Cheney suggested a link. Cheney, in a "Meet the Press" interview, had described Iraq as "the geographic base of the terrorists who had us under assault now for many years, but most especially on 9-11."
Why some news audiences had more accurate impressions than others was less clear.
Less clear? Maybe because they're stupid? That is, they're either stupid for choosing Fox News for their source of information or they're stupid for believing everything they say. That's just a guess of course ... heh.
So I'm watching the Newshour this evening thinking it would be business as usual. Informative, but not a lot more than that. Boy was I wrong. Larry Johnson, a "former CIA analyst and counterrorism official at the State Department" came on an blew the doors off the place:
Online NewsHour: In the Shadows -- September 30, 2003
Larry Johnson, the president seemed in that clip to be inviting reporters to come forward and tell investigators what they know and who told them what they know.
LARRY JOHNSON: Right.
TERENCE SMITH: Normally they would be very reluctant to do that. Should they do so in this case?
LARRY JOHNSON: The reporters who did not file a story and promised, or given assurance to these individuals that they would be protected, they need to come forward. To hear bob Novak parsing words like a Clinton lawyer defining sex is outrageous. Sure, they didn't call him, he called them but they volunteered the information. They took the initiative to divulge the CIA officer's name. And that is outrageous.
...
TERENCE SMITH: Larry Johnson, explain what the dangers are that are inherent in identifying an undercover operator. What is the worry here?
LARRY JOHNSON: Let's be very clear about what happened. This is not an alleged abuse. This is a confirmed abuse. I worked with this woman. She started training with me. She has been undercover for three decades, she is not as Bob Novak suggested a CIA analyst. But given that, I was a CIA analyst for four years. I was undercover. I could not divulge to my family outside of my wife that I worked for the Central Intelligence Agency until I left the agency on September 30, 1989. At that point I could admit it.
So the fact that she's been undercover for three decades and that has been divulged is outrageous because she was put undercover for certain reasons. One, she works in an area where people she meets with overseas could be compromised. When you start tracing back who she met with, even people who innocently met with her, who are not involved in CIA operations, could be compromised. For these journalists to argue that this is no big deal and if I hear another Republican operative suggesting that well, this was just an analyst fine, let them go undercover. Let's put them overseas and let's out them and then see how they like it. They won't be able to stand the heat.
...
TERENCE SMITH: We should point out for the record that we invited Bob Novak to join this discussion. He told me this afternoon that he had said all he had to say on this. Your reaction, Larry?
LARRY JOHNSON: I say this as a registered Republican. I'm on record giving contributions to the George Bush campaign. This is not about partisan politics. This is about a betrayal, a political smear of an individual with no relevance to the story. Publishing her name in that story added nothing to it. His entire intent was correctly as Ambassador Wilson noted: to intimidate, to suggest that there was some impropriety that somehow his wife was in a decision making position to influence his ability to go over and savage a stupid policy, an erroneous policy and frankly, what was a false policy of suggesting that there were nuclear material in Iraq that required this war. This was about a political attack. To pretend that it's something else and to get into this parsing of words, I tell you, it sickens me to be a Republican to see this.
...
TERENCE SMITH: You were in the same class with her?
LARRY JOHNSON: I was in the same class with her. I was Larry J. In fact, when I first saw her last name I didn't recognize her until one of other my classmates who's out now called me up and said, hey. To realize this is a terrific woman, she's a woman of great integrity and other people that don't know her were trying to suggest that she is the one that initiated that. That is such nonsense. This is a woman who is very solid, very low key and not about show boating.