Pages

Labels

Thursday, February 22, 2007

"That's what we do in WI; beer, cheese, Harleys, serial killers, and crazy."

You might want to keep the volume turned down when you're watching porn in Oconomowoc, lest your neighbor burst through the door with his sword extended. And that's not some cute way of referring to a penis.

"President Bush has quietly claimed sweeping new powers to open Americans' mail without a judge's warrant."

So the Daily News wrote back in January:
Experts said the new powers could be easily abused and used to vacuum up large amounts of mail.

"The [Bush] signing statement claims authority to open domestic mail without a warrant, and that would be new and quite alarming," said Kate Martin, director of the Center for National Security Studies in Washington.

"The danger is they're reading Americans' mail," she said.

"You have to be concerned," agreed a career senior U.S. official who reviewed the legal underpinnings of Bush's claim. "It takes Executive Branch authority beyond anything we've ever known."

A top Senate Intelligence Committee aide promised, "It's something we're going to look into."

Most of the Postal Accountability and Enhancement Act deals with mundane reform measures. But it also explicitly reinforced protections of first-class mail from searches without a court's approval.
What's really going on here? My colleague Anuj Desai has a spiffy little article explaining the law, where a lot hangs on the way the words "letter" and "mail" don't mean the same thing:
I conclude that the statutory prohibition on mail opening only applies to mail matter that falls into the category of “letter” - which, roughly speaking, is defined as a “message” or “communication” or “correspondence.” The prohibition on mail opening thus does not apply to mail matter other than “correspondence,” such as bombs, anthrax or any ordinary good. The statute bars the opening of letters without a warrant, subject to only one relevant exception: the “physical searches” provisions in the Foreign Intelligence Surveillance Act (“FISA”). The government may not open letters without either a warrant or following the procedures set forth in FISA. There is no “exigent circumstances” exception for letters, though the government may temporarily detain a letter for the purpose of obtaining a warrant.

On the other hand, the government may open other mail matter without a warrant subject only to the strictures of the Fourth Amendment. The Fourth Amendment does contain an “exigent circumstances” exception to the ordinary rule that a warrant is required. Thus, scenarios that might involve hazardous materials such as anthrax or a ticking time bomb would in many circumstances fall into this exception.
You can download the paper here.

Wednesday, February 21, 2007

It's me and Jim Pinkerton on Bloggingheads.TV!

Enough with the Eric Alterman on Bloggingheads. My diavlog is up now. I'm gabbing with the estimable Jim Pinkerton.

Topics (with times):
Iraq inspires Arab romanticism (as Isaiah Berlin predicted and Doug Feith didn't) (07:13)

McCain is yesterday, Hagel is today. Giuliani tomorrow? (07:57)

Romney's ecumenical appeal (02:18)

Justice Kennedy begs for love and money (09:33)

Britney shaves head, Anna Nicole completes career (09:22)

Why Edmund Burke would like "American Idol" (04:56)

What do women want? Not Bloggingheads.tv? (13:07)

"Ann Althouse Defends Scott Turow's Honor."

Writes David Lat, who wishes I'd been more catty in that NYT column -- and attracts a first comment from a pseudonymous former student of mine who meows that I made him unhappy.

Why aren't we paying much attention to the most qualified Democratic candidate in the race?

Matt Yglesias wonders (via Memeorandum):
[Bill Richardson is] the popular, second-term governor of a swing state -- you know, the sort of person who back in the day used to win presidential elections. And it's not as if Richardson isn't getting attention because the field is crowded with popular second-term governors of swing states. No. We're too excited about the first-term senator from Illinois whose only competitive election in the past was against Bobby Rush -- and who lost. Or that vice presidential nominee from a losing ticket....

The point about Richardson is that in many respects he's exactly the sort of person -- a popular governor -- who was taken seriously as a presidential contender in the very recent past. The list is long and familiar -- Jimmy Carter, Ronald Reagan, Bill Clinton, George W. Bush. The difference is that Richardson is also super-experienced.

In retrospect, however, Bush was less the last of the governor presidents than a transition to the new era in which, to be president, you need to be a famous celebrity. Mayors of New York City are always famous, because the people who run the media live in New York. Hence, Rudy Giuliani is a serious candidate... Barack Obama has an extremely interesting personal story and was one of the only Democratic successes in 2004, so he became famous and now he's a serious candidate. John Edwards got famous running on a national ticket, so he's a serious candidate. Hillary Clinton's husband used to be president (you may have heard), so she's famous and she's a serious candidate....
So, let's pay some attention to Bill Richardson!

Ezra Klein responds to Matt:
... I attended a small policy breakfast with Richardson and found him very underwhelming. He talked of tax cuts and making Democrats "the party of space." His is a resume without -- at least thus far -- an inspiring vision or a clear ideology, and it's worth saying that pure technocrats rarely win national elections. The hunger for celebrity is unfair, but the appetite for inspiration isn't necessarily off-base.
Where does the bogus lure of celebrity end and real inspiration begin? In any case, I keep my distance from all politicians and don't look for them for any sort of inspiration. I know it's a stodgy device to drag out a dictionary definition, but let's look at what "inspiration" means:
1a. Stimulation of the mind or emotions to a high level of feeling or activity. b. The condition of being so stimulated. 2. An agency, such as a person or work of art, that moves the intellect or emotions or prompts action or invention. 3. Something, such as a sudden creative act or idea, that is inspired. 4. The quality of inspiring or exalting: a painting full of inspiration. 5. Divine guidance or influence exerted directly on the mind and soul of humankind. 6. The act of drawing in, especially the inhalation of air into the lungs.
It seems too spiritual to me. I just want to vote for the most competent person and let him do his job well.

"American Idol" -- the guys.

I didn't blog about "American Idol" last night. You may have noticed. I did watch it though. It was just too boring and bland for me to feel like writing about it. Twelve guys, and they all blended together into a meaningless blur.

By waiting until morning, I have the Television Without Pity mini-recap to point to and quote, and that spares me the frustration of trying to describe something featureless. Well, the recapper -- Joe R-- finds a few things, like:
Chris Sligh rocks out on some song nobody on Earth has ever heard before, particularly Simon, which of course is why he criticizes it. Here's where Ryan really flips his lid, though, as he goads Chris into some backtalk, which references Il Divo and Teletubbies and actually seems to throw Simon off for a few moments. Which is scary as hell, in a "the pilot's dead, who can fly this plane?!" way. Not good times for anyone involved.
I rather liked Simon last night, except when he went into that long self-justification about how he's not rude, he's a truth teller. The thing about him is that he doesn't lie, he will not tell a lie, he is not a liar.

I don't think I'm going to make it through this season. I really just don't care, and, strangely, never have! I don't like the music. They rarely do a song I like.
Sundance continues to take the express train to suck-town, singing "Knights in White Satin" without a single note in tune.
"Knights in White Satin" is the sort of thing that someone might sing impressively, but that I utterly despise. Yeah, "I love you, I love you, I love you." I get it. Very impressive concoction of lyrics there. But can you give me a clue why the knights are in white satin? I picture knights in armor, so... are these satin undies, or what? Hey, wait, it's "Nights in White Satin"!

I do sort of like "Rock With You" and "Careless Whisper," which were sung last night, but they were sung in that way that makes you marvel at how excellent the singing was on the original recordings and how clearly you can still hear Michael Jackson and George Michael in your head... if these clowns would just shut up.

Eric Alterman thinks there should be a "blogging council" to condemn bloggers who go wrong.

Alterman is talking with Mark Schmitt on the new Bloggingheads. They've just discussed the problem the Edwards campaign had with the bloggers it hired. (Eric says, and I agree, "You can't credibly blog for a campaign.... You can have a campaign blog as long as it's not a real blog.") And they're fretting about the way bloggers can damage a campaign by floating a rumor. Then Eric comes out with:
"I think it would be valuable if we had... uh... I mean, there's some sense where blogs correct themselves if you read enough of them, but I still I think it would be good if we had some sort of, you know, blogging -- you know -- council, where we could condemn people. Sort of... responsible body. You could still blog if you want. Nobody's going to stop you. But we're going to... everybody's gonna know that you're not to be trusted... unless you can sort of apologize or answer for yourself."
Alterman's affect is so flat that you can't detect if perhaps he's joking. In any case, I'm sure he doesn't think it is too likely to happen. But I was put off by the mindset he revealed. He'd like a blacklist.

Anyway, if there were such a list, it wouldn't be the case that "everybody's gonna know" anything. We'd just be forced to blog about the damned council and what's wrong with it. It could never be neutral. Why do I feel so sure I'd be condemned by a council appointed by Alterman?

Also in this Bloggingheads segment, Alterman complains that bloggers mix too much about their personal lives into their political opinions, as if they think the personal information bolsters the argument: "Tom Paine didn't say 'Common Sense' is a good idea because I'm such a hip guy." But of course, Tom Paine would have blogged, and he probably would have come across as a cool guy, and we would perceive that as bolstering his argument.

Eric is especially perturbed by Andrew Sullivan's personal revelations, notably his description of curling up with his boyfriend in bed on Valentine's Day. I can't find that post on Sullivan's blog, and I looked through the archive of that week, which didn't seem too personal at all. In fact, it has an extraordinary variety of posts on many subjects that are not Sullivan's personal life.

In the course of expressing his hostility toward personal blogging, Alterman lets us know that he went to a "dirty movie." Then it turns out it was the surrealist classic "Exterminating Angel," directed by Luis Bunuel and screened at Lincoln Center. This reminds me of the time my friend ridiculed the hell out of me for saying I was just doing some light reading, and then had to confess that the book was "The Clouds" by Aristophanes. [CORRECTION: Joseph Angier points out in the comments that the movie playing at Lincoln Center was "'Exterminating Angels' - which is some kind of new French arthouse quasi-porno film that screened as part of a Film Society of Lincoln Center festival last week." And I do hear Eric say the "s" in the recording. My point still stands though, because we're talking about a very classy, arty film.]

ADDED: A commenter points me to Andrew Sullivan's Valentine's Day column. It reads in full:
We watched "Basic Instinct" last night with a bottle of champagne and freshly-made brownies. I'd never seen it before. It was washed down by a HD Sunrise Earth special on Machu Picchu. Life is good when you're in love and have a widescreen television.
Here's what Alterman said:
Too many bloggers feel that their private lives are intrinsically interesting. And maybe they are. But in a very unhealthy way. In a very Us Magazine, not even a People way. In an Us Magazine way. And I think that interferes with the quality of ... the ability of one to make one's argument on the quality of one's argument....

And I think too much blogging is taken over with too much cuteness, too much personality, and not enough of the quality of the argument....

Getting off the topic of silliness, like Andy, Andy, curling up... I just noticed this because last week he wrote about Valentine's Day, how happy he was to be curling up in bed with his boyfriend to watch a DVD. I'm like: Why do I have to read this?
I didn't find the post because I used the search terms "bed," "boyfriend," and "curl," none of which appears in the post Alterman referred to. Would Alterman's council condemn me if I wrote that I detect a whiff of homophobia?

IN THE COMMENTS: Snarky, but true, from Undertoad:
[I]t's no surprise that Alterman doesn't like bloggers to show their personality. Because he loses in that category.
AND:
Beware bloggers of ill motive and shoddy skill. You are being watched. And for the glory of all the blogosphere and the citizens therein, you shall be brought to the scouring light of truth by this Council.

Look out!