Duck

I was pleasantly surprised to find the opening remarks on Judge Sotamayor’s confirmation hearing so interesting.

Senator Feingold explicitly referenced Barrack Obama (a constitutional law scholar as well as President) in acknowledging that the Supreme Court decides cases where the precedent and wording of written law is not clear. That’s its job. There could be no mechanical execution of a prewritten umpire or referee program. Such cases are decided by values.

Senator Graham explicitly acknowledged that this is the case and that he wasn’t sure how he felt about that. After all, he imagined Judge Sotomayor’s values were different from his own. The question then was whether he should try to impose his values or interpret those of the electorate.

I was proud of both of these men and my country’s institutions. And….

They all collectively ducked. Kept their heads down. Dodged it. Wimped out.

I think we’re due for a discussion, as today’s obituaries of Walter Cronkite made apparent. Every one contains claims of absolute objectivity and authority, while also citing Cronkite’s commentary in February 1968 that America cannot win the Vietnam War. President Johnson himself said it was a major influence on his subsequent actions.

How we relate values and the quest for objectivity is much debated in journalism today, but the industry is in turmoil and I do not yet see a consensus emerging. (An objective set of values on the issue?!) I share Senator Graham’s ambivalence. For example, I think George Will and Rush Limbaugh are equally hypocritical in their underlying views, but only Will is hypocritical in the pretension to rational thought in his presentation. I’m equivocal about which I fear more: Which is more evil? Which is more undermining to my culture and institutions? I admire the English stereotype of acting properly while leaving so much unsaid, but I consistently favor knowledge and transparent discussion over style, brevity, or unrecognized deceipt and ignorance. Cronkite explicitly alerted viewers that his conclusions were subjective. I share his values. But does that make it right? The same commentary left objectivity to the “referees of history.” The question is vital throughout the economy and government. By not taking this historic opportunity to discuss this reality — by elected leaders in open hearing — we leave it be mulled over or not by individual judges and bureaucrats and businessmen and media personalities. Decisions are still made on values, but it remains taboo to discuss and judge the context and consequences of how it happens.

The Final FISA Sellout and My One Last Desperate Push for Sanity

The capacity of the Democratic Leadership to destroy the party will never cease to amaze me. In 2006 the Dems ran to take over Congress on a platform that included, among other things, ending illegal wiretaps on Americans. Now, the same Democrats propose to grant immunity to the telcos who cooperated with the Administration on a theory that — and I kid you not — if we don’t immunize the telcos for breaking the law this time, they might not break the law for us next time. Alternatively, some argue we should not “punish” companies whose only crime was that they cared so deeply about the safety and security of the United States that they “stepped up to the plate” when the President asked them to break the law and spy on people for their own good. Of course, these same selfless, patriotic, noble companies refused to implement judicially authorized wiretaps because the DoJ neglected to pay the fees. But it appears that Republicans, and now a sufficient number of Democrats, understand that we cannot expect patriotism to extend to things that actually cost megacorporations money. You can read this shameful betrayal of everything the Democrats pledged in ’06 here, with EFF’s analysis here.

What makes this more astounding is that there is not a single, rational reason for the Democrats to do this, and every reason not to do it. The Republicans tried to scare monger and make this an issue for them. That tactic failed miserably. You may recall how back last winter when the Republicans pulled out all the usual stops about how this was about national security and blah blah blah. No one bought it. The magic deadlines lapsed and nothing happened.

So either the Democratic Leadership continues to suffer from a pre-11/06 mentality, or they think they can continue to abuse their active base and collect corporate contributions as well. After all, the thinking goes, it’s not like the mainstream electorate cares about this and its not like the netroots are going to vote Republican. So why not treat them the way we’ve treated unions, African Americans, and unions over the years? i.e., talk tough, but cave when it counts because we know there are no consequences for it.

I’ve already made my impassioned plea based on the ideal of the Rule of Law. Now, in a last desperate effort, I shall make my plea based on practicality and — in what is apprently the universal language of party leadership — cash.

Democrats, meet me below . . . .

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GOP To America: All Well In Cable-Land! Skyrocketing Rates and Lousy Customer Service All In Your Mind! Forget What We Said Last Summer About Needing COPE!

I must applaud the Republican House Commerce Committee members for their willingness to stay bought. Why else would 23 of the 26 Republicans on the House Commerce Committee send this letter celebrating the perfection of the cable industry in the United States and opening a can of whoop-ass on Kevin Martin for daring to suggest otherwise? Because if that letter came in response from hundreds of constituents complaining that their cable service costs too little and the service is too good, I’ll eat my lap top.

God knows, with the number of issues on their plate and with their party’s standing plummeting in the polls, you’d think Republicans would decline to publicly defend the cable industry. What with rates consistently rising faster than inflation (and despite increasing profits-per-subscriber until the last quarter or so), cable operators have raised rates every year – whether they need to or not. As if that were not enough, the customer service records of the major cable companies are abominable (or why would Mona “The Hammer” Shaw have attained folk-hero status?). So with us heading into an election, and the Republicans weighed down by all the baggage of the Iraq War, corruption scandals, accusations of cronyism and mismanagement, and a general anti-special interest sentiment in the electorate, you wouldn’t think the Republican party would rise up en mass to defend the cable industry from one of their own?

And yet that is precisely what 23 Republican members of the House Commerce Committee just did. Upset that Kevin Martin has proposed several items for the next FCC meeting that limit cable market power, the Commerce Committee Republicans have leaped to the defense of the cable industry. “Shame!” They have cried to Kevin Martin. “All is well in cable-land! The industry is intensely competitive, prices are low, service is wonderful, and consumers are bursting with happiness! How can you even think of regulating the cable industry?”

Mind you, these are the same Republicans who in the summer of ’06 were so gosh darn concerned about the lack of cable competition that they were all set to completely rewrite the Telecom Act to help phone companies get into video. Because God knows if we didn’t deregulate phone companies we couldn’t get any competition for cable, and Lord knows we needed competition for cable. But when you are a member of the Republican Party and you see a special interest and regular campaign contributor in need, you don’t worry about such fiddlin’ details as consistency with your past positions. Either that, or we should assume Mr. Barton, Mr. Upton, and the rest that championed the “we must deregulate the phone companies to bring competition to cable” bill in 2006 believe that the whole competition thing worked itself out, so that is now — in the words of the 23 Commerce Committee Republicans — “significant competition in the video programming marketplace.”

So now we see the delightful sight of Mr. Barton, Mr. Upton, and the rest of the Republican Cable Commerce Cheering Squad, who last summer couldn’t vote fast enough to deregulate because we needed cable competition, taking FCC Chairman Martin out to the woodshed for daring, DARING to suggest that cable has market power and that therefore the FCC should take steps to address this problem, or at least bloody recognize the reality. (Apparently, flip-flopping is not a problem if it is bought and paid for flip-flopping.)

So rest assured America, in the fight between your personal well-being and the profit margins of GOP campaign contributors, you can always count on the Republicans to stay bought and stand up for special interests.

Stay tuned . . . .

TotSF: Fling These at the Democratic National Committee

Below is Adam Werbach’s of Common Assets call to arms for those not at the center of the Democratic Party structure. It is the first salvo for those who dream a different vision of this country than the Republicans and want a party that can deliver.

No surprise that I agree with Adam’s Theses. Also no surprise that I beleive we must not wait on the leadership to define our vision. We must speak for ourselves and define our own voice. I plan to be at DNC HQ on Monday Morning, Nov. 15, 430 S Capitol St, SE in Washington, DC, at 7:30 a.m. Provided I can find someone to get Aaron on the school bus.

Now, more than ever,

stay tuned . . .

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TotSF: Theses on the Democratic Church Door

I am posting here a call to arms from Adam Werebach of Common Assets. I agree with the gist of Adam’s Theses (no surprise). And, as I have also long said, it is worth than useless to let others define your rights for you.

All of us who do not share the vision put forward by the Republican Party have an obligation to help craft a new vision. We must not remain mourners at our own funeral, waiting for a majority of the nation to “share our worldview.” Nor should we cling to the delusion that some surface, cosmetic change can make it all better.

I intend to be at DNC Headquarters at 430 S Capitol St, SE at 7:30 a.m. on November 15, if I can find someone to get Aaron to school. For anyone else interested, David Steuer has set up a new website for this.

Now, more than ever,

Stay tuned . . . .

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