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January 29, 2010

Comments

sbw

[OT] I'm trying to hone a summary that could be used during the upcoming political campaign. How's this:

Obama-style hubris--

Zealots, who bent and broke laws to hijack a political party, believe one Machiavellian election gave them the power to misuse government to steal hard-earned wealth from individuals so they could finance and mandate social policy designed to mold citizens through complex systems impossible to understand and unlikely to work without unintended consequences that threaten our economy, security, and stability.

verner

Here's a question. What lofty fundamental principle made it necessary to give a mass murdering terrorist trial by jury in our most expensive neighborhood?

Nah, can't figure that out either.

My conclusion, another marxist attempt to destroy America through it's contradictions.

Too bad the rest of the country is sick of Obama's childishness

clarice

No one who hopes to get re=elected will vote for transferring the jihadis here for trial. Checkmate.


Speaking of checkmate, when will Brown be seated and will someone sue to have declared anything Kirk was the decisive vote on declared invalid? (I think he was the 60th vote on raising the debt limit.)

fdcol63

During the Clinton Years, we experienced the "Holiday From History".

Today, under Obama, we're living through the "Holiday From Reality".

Jane

Hey guys,

Last week Rick Ballard wrote a fabulous piece for YOUTOOCONGRESS which includes language for a proposed constitutional amendment.

Would you guys take a look at it, and put any suggestions for any changes in language in the comments?

WE are still working to get all the blanks filled in before we launch. The finished amendment will go permanently on the right side of the page. So all your suggestions are really appreciated.

Thanks

narciso

That was a freudian slip, huh, but not far from the truth

centralcal

It is outrageous that "Senator" Kirk is still voting on anything. He should have been sent home as soon as the election was over. Mass. has Senator Brown, now.

Where are the frikken Republican leaders?

Janet

Yeah narciso...if you've seen one leftist, you've seen em all! Kennedy had the same problem. Osam..oba..Osama..OsamaObama...

Janet

narciso, I apologize for comparing you in ANY way to Kennedy. He could never compete with the vault of knowledge in Narciso...the Lion of JOM!

MikeS

Good GDP report today. Green shoots!
It's nice to have some good news to go along with downbeat reports from Davos and downright awful employment reports.

Paul from Boston

The best suggestion on the radio this morning was to have the trial on Nantucket and ask Carly Simon to host the terrorists. I can imagine the evening sing-alongs with Carly looking into KSM's eyes and singing "Nobody Does It Better."

clarice

sbw, It's a great summary but I think it'd be more readable broken up into two sentences.

Rich

Move the trial to Holder's old law firm. This way the attorneys for the terrorists wouldn't have to leave the office.

clarice

OT--A good critique of the President's student loan proposal:
ttp://www.americanthinker.com/2010/01/mandating_higher_education_inf.html

sbw

Thanks, Clarice.

Jane. "O4" is jargon. Consider "Colonel in the Army."

Ranger

Actually, I don't think it was Bloomberg that forced this move, I think it was Gildebrand. When she came out against it, she was basically signaling the White House that this was going to cost her lots of votes in November if it wasn't changed (seems she was actually paying attention to MA and what won Scott Brown the seat).

The irony of the good GDP numbers is that unemployment will probably start to rise sharply, as many people who gave up looking for work start looking again. It really is starting to look like a perfect storm for November 2010. I really will enjoy Team Barry trying to convince everyone that rising unemployment numbers are really a good sign for the economy.

sbw

Clarice's Link: Mandating Higher Education Inflation

Ranger

Jane. "O4" is jargon. Consider "Colonel in the Army."

Posted by: sbw | January 29, 2010 at 09:29 AM

Hmmm.. I recall that being O6 actually. Its the pay grade designator. O is for officer, 6 is the grade. Such a system is necessary because an Army Colonel and a Navy Captain are the same rank/pay grade.

Captain Hate

Where are the frikken Republican leaders?

According to what I just heard on the radio: Hawaii!

sbw

"major (O-4), lieutenant colonel (O-5), and colonel (O-6)"

So which should the amendment propose?

sbw

[OT] Rewritten per Clarice:

The biggest mistake the country has ever made stitches several bad ideas together:

Zealots, who bent and broke laws to hijack a political party, believe one Machiavellian election gave them the power to misuse government. They decided to steal hard-earned wealth from individuals so they could finance and mandate social policy designed to mold citizens through complex systems impossible to understand and unlikely to work. That plan would generate unintended consequences that threaten our country's economy, security, and stability.

narciso

Why not move it there, it's relatively remote
everyone seems to going there anyways, lol

Ranger

You know, I really don't understand why higher education is just rolling over for this government takeover of the student loan program. Once the government has total control of the system, a future administration could establish some "diversity" guidlines that would demand a large percentage of faculty be non-marxists, and then refuse to grant student loans to students attending any shcool that didn't meet those guidlines. Can you imagine how much schools would scream if their regular flood of cash were cut down to nothing. The only way to get higher education to reform is to threaten the gravy train will stop if they don't, and this give the government a perfect tool to do that.

Captain Hate

You know, I really don't understand why higher education is just rolling over for this government takeover of the student loan program. Once the government has total control of the system, a future administration could establish some "diversity" guidlines that would demand a large percentage of faculty be non-marxists, and then refuse to grant student loans to students attending any shcool that didn't meet those guidlines.

First of all they're not smart when it comes to business. Second, they're sure that they'll be the ones to set the "diversity" guidelines or any future manifestation of similar delusions. Third, it's all free money to them so why stand in the way of what's filled their coffers.

Rob Crawford

You know, I really don't understand why higher education is just rolling over for this government takeover of the student loan program.

Regulatory capture. They're sure they're the ones who will be running the system, eventually.

Ranger

The problem with setting congressional pay and benifits at a military pay grade, is that congress sets those military pay grade pay and benifits levels too. You still have them voting semselves pay raises and benifits increses only now it is indirect, and harder to oppose (you don't think our fighting men and woman deserve a pay raise?)

peter

Lest anyone think that Bloomberg has even the slightest integrity: LUN

Jane

Jane. "O4" is jargon. Consider "Colonel in the Army."

I agree - but not many people understand what a Colonel in the army gets either. I know I don't.

narciso

No, I was never under that illusion, peter

RichatUF

MikeS (and its OT sorry)-

Finally after nearly a year of waiting, inventories have added to growth. 3.4% of the 5.7% (first estimate) was inventory rebuilds and residential housing and autos added a bit as well. The imports and exports number look a off and wouldn't be surprised to see a downward revision next release.

And on topic, since Obama is doing his best to imitate Carter, wouldn't a trial drag on much like the Iranian Hostage Crisis did if they were to hold it in a civilian court regardless of venue. Not sure how the Administration gets out of this.

sbw

Well, Congress fixed its salary in 1855 at $3,000. Dollar inflation put the 1855 dollar value at $.04 which (mmm, carry the one...) means that in 2009 a congressman should have received $75,000 instead of the $175,000 they authorized themselves. 75k/12 = $6,250/month or about the 2009 level of an O-4 after 10-12 years of service. They get paid more the longer they serve.

How about tying it to 20% of the President's $400K salary and fixing the President's salary at $400K + the rate of inflation on the cost of a loaf of bread.

Old Lurker

sbw, you really should consider some sort of clawback provision whereby taxpayers can claim a share of the elected official's "increase in value" attributed to his service. So if a Clinton, never having done anything in the real world all of a sudden can rake in $10M a year on retirement...or an LBJ can enter congress broke and leave years later a gazillionaire...or...you get the point.

peter

Old Lurker, in New York, we call that the Son of Sam law. LUN

Jane

SBW - I'm keeping that and I hope once we get going you can turn it into a post. I'll save the language and beg you later.

Danube of Thought

Nice to see we're still at minus seventeen today, with two-thirds of the respondents having been polled after the SOTU.

Ranger

The problem isn't the pay and benifits, its the corruption. Its top lobbying jobs their spouses get. Its the corporate boards and consulting contracts they get after they retire. The entire point of the very generous retirement system congress has is to insulate them from that type of corruption. Now, they are so greedy, they take the generous retirement, then rake in the megabucks after retiring anyway.

The first step in my view is to force them to abide by the laws they pass. If a law is so onerous that congress feels it must excempt themselves from it, then it should not exist in the first place. Member of congress should be held to the same standard of conduct as anyone else in the country.

Second, no citizen should be penalized for a crime grater than the least harshest peanalty imposed on a sitting member of congress or a confimed cabinet secretary within the last 20 years. If the federal government knew it was foreclosing pushing citizens by giving a pass to the powerful, you would see much less willingness to give Rangle and company a pass on cheating on their taxes, or Sandy Burger a pass on stealing and destorying classified documents.

The idea that laws and taxes are for little people is at the heart of the corruption.

clarice

Your first point is sound. They have very generous retirement provisions and should be forced to forego them if they accept other employment after retirement.

Your point about criminal punishment is I'm afraid unworkable.

Danube of Thought

Not sure how to fold it in to the You Too Congress theme, but if you need to get your engine started, check this item about Pelosi's party flights at our expense.

Jane

While you are commenting on the amendment, there is a new post at You Too that should cause some outrage.

The first step in my view is to force them to abide by the laws they pass. If a law is so onerous that congress feels it must excempt themselves from it, then it should not exist in the first place. Member of congress should be held to the same standard of conduct as anyone else in the country.

Ranger that is the whole point of You Too Congress (and the amendment)

glasater

OT--but along the terrorist line theme:

Authorities Quietly Reverse Underwear Bomber Official Story

and

Officials Claim Second Man Unrelated To Christmas Attack

I think the second link was where I started and a person has to root around in the stories for information.
I was left with more questions in my mind after reading.

Danube of Thought

Jane, what about healthcare? Not just for the congress, but for all federal employees. Google "federal health care benefits employee" and see the cornucopia of options available to them.

glasater

Jane--

The 'Judicial Watch' link in the 'You Too' article has an extra 'http:' in there.

Jane

Oh I know DOT. I have a ton of research on that ready to go.

Danube of Thought

Apparently the WSJ has an op-ed piece suggesting that the congress use its power to oust the federal courts of jurisdiction over terrorist trials. (Can't read it because as of today you have to subscribe.)

Ranger

Ranger that is the whole point of You Too Congress (and the amendment)

Posted by: Jane | January 29, 2010 at 11:47 AM

Jane, I get that. I'm just saying that focusing on congressional compensation and trying to write it into the constitution doesn't really address the core problem.

I would propose something more along these lines:

Congress shall pass no law which exempts the congress itself in whole or in part from the requirement to comply with the law. Nor shall any citizen of the United States be subject to a civil or criminal penalty greater than the least harsh peanalty imposed on a current or former member of congress or congressinally confirmed member of the executive branch of government for the same offense.

Danube of Thought

James O'Keefe has issued a statement about what he was doing in Landrieu's office.

Cecil Turner

Apparently the WSJ has an op-ed piece suggesting that the congress use its power to oust the federal courts of jurisdiction over terrorist trials.

I won't hold my breath. Congress has been AWOL on this since they implemented the AUMF back in 2001. They should've provided for commissions for enemy combatants (not "unlawful enemy combatants" . . . the commission is there to determine the "unlawful" part) that used to fall under the "articles of war" before they were superseded by the UCMJ. If they'd done their job, all those idiotic rulings on Hamdi, Hamdan, et al would've been obviated and we'd have some convictions by now. Instead, we've got the DOJ infested with former terrorist defense lawyers, and absolutely no clue how to go forward.

But on the big picture, the WSJ has it right. The problem is not where they hold the trial (though the NY venue is particularly idiotic), but how they hold it. It's not a civilian charge, and doesn't belong in a civilian court. We goofed that up with Moussaoui (and then Reid, though it wasn't obvious at the time), and now we've got the KSM crew and the pantybomber who obviously belong before a commission. Congress could and should fix that, but I doubt they will.

narciso

The problem is with a legal political establishment unwilling to follow the rules, this recent O'Keefe incident, the frame of Sen. Stevens, including the obfuscation of the impeachable character of his primary witness against him, whose malfeasance created the rationale for the ethics code, wrongfully tried against Sarah, the detention of Judith Miller by Fitzgerald, for information he already knew, the Libby matter, it's veryKafkaesque,
not least of which the mechanism by which obviously culpable jihadis were released, without regards to precedent, custom, etc

Neo

Did anybody caught GMA this morning when host George Stephanopoulos was informed, that based on a mapping of his DNA, he is most likely a maternal cousin of Hiliary Clinton ?

Danube of Thought

Cecil, I believe Moussaoui was arrested before the commission apparatus was established, and Reid right after it was authorized but before it was functioning. And it's my understanding that the unlawful enemy combatant determination is made by a Combatant Status Review Tribunal (established in conformity with the Geneva Convention).

I don't believe that the congress has ever exercised its power to remove federal court jurisdiction over particular types of cases; rather, it has only used it to vest those courts with jurisdiction over specified cases. But there is no doubt at all that it has the power, and it wouldn't surprise me at all in the current climate if some Republican introduced such a measure. It would be fun to watch the fur fly over that one.

Neo

The unemployment rate currently stands at around 10 percent, which Paulson said was “the best possible outcome.” He said he did not like the idea of a bank bailout but considered it crucial to save the economy.

“What was very hard for me was advocating things that I hated,” he said. “And having to defend them to members of Congress that found it repugnant to have the government have ownership positions or put equity in banks.”

Congress, however, was not willing to go along with the plan, Paulson said, unless he would be able to sell the idea to the American people.

“They wanted us to tell the American people how bad things could get,” Paulson said. “I shuddered, because I thought, to the extent we scared people, it was going to make the crisis worse.”

If 10% was the best possible outcome, how come the incoming administration said it wouldn't go over 8% ?
bgates

which Paulson said was “the best possible outcome."

"Government performed perfectly", says high-ranking government official.

Janet

Jane - NRO has the video clip of Scott Brown on Leno. What a pleasant guy. I had only seen him in the Gergen peoples seat clip. A "good guy" feel.

Danube of Thought

Michael Barone discusses the possibility of an "epic party failure" for the Dems, and Danube's heart soars like the hawk.

Longtime GOPer

I heard that President Obama just finished up a Q&A session at the GOP House retreat and the President did a fantastic job handling all the questions while tearing the GOP a new one. Is that true? Did anyone else see it?

narciso

So the subprime problem that his associates is solved right, that the most selfserving
account this week, other than the obvious

Longtime GOPer

Oh well, I'll watch the news tonight and see how it's reported. But it's kind of cool that he took the GOP head out. He is a fighter and an intellect.

bgates

Is that true?

Obviously that's as false as your pseudonym.

bgates

He is a dirty fighter and an embarrassingly shallow intellect.

I'll watch the news tonight and see how it's reported.

That'll be less troubling for you than clicking on C-SPAN* and watching it yourself. The nice tv news people will make sure to show you only the happy parts.

*Obama may have heard the Republicans say they were going to put the Q&A on C-SPAN, but he couldn't have thought they meant it.

Cecil Turner

I believe Moussaoui was arrested before the commission apparatus was established, and Reid right after it was authorized but before it was functioning.

We've held commissions since 1775 (Major Andre being a great early example), the government publicly considered moving Moussaoui to a military court, and the judge in the Reid case made (and vacated) a do not move order specifically to prevent him being transferred to a military tribunal. The only thing stopping military commissions was a lack of political will (and foot-dragging by all three branches of government).

And it's my understanding that the unlawful enemy combatant determination is made by a Combatant Status Review Tribunal (established in conformity with the Geneva Convention).

There is no Geneva requirement for a status review tribunal (except in cases where the POW status of a combatant is in doubt, which can't possibly apply to members of Al Qaeda), and in any event the historical application of those is to try them in a tribunal (if you get a conviction, the combatant was unlawful . . . Ex Parte Qurin is a great example with good explanations). The way the MCA is written, you first must convict an unlawful combatant of being an an unlawful combatant before you can bring him before a military commission. It's a ridiculous reverse Catch-22.

I don't believe that the congress has ever exercised its power to remove federal court jurisdiction over particular types of cases;

Incorrect. As a matter of fact, the MCA/DTA did precisely that in this particular type of case:

(2) Except as provided in paragraphs (2) and (3) of section 1005(e) of the Detainee Treatment Act of 2005 (10 U.S.C. 801 note), no court, justice, or judge shall have jurisdiction to hear or consider any other action against the United States or its agents relating to any aspect of the detention, transfer, treatment, trial, or conditions of confinement of an alien who is or was detained by the United States and has been determined by the United States to have been properly detained as an enemy combatant or is awaiting such determination.
I guess the supremes found that inconvenient, as they ignored it in Hamdan and Boumediene (5-4 in both).

bad

longtime

Obama was more like the scold in chief.

first-time Moby

I voted for Obama, and I used to really love him. But lately I'm getting the sense that he's an ignorant anti-American dunce. Is that true? Does anybody else feel that way? Do you think the fact that a former Obama supporter is saying these things will change someone else's mind?

RichatUF

Neo-

He's got a book coming out soon, and Bloomberg flagged up this bit.

longtime girl

I am a luscious blonde (6 ft tall and 110 lbs) heiress with curves to die from and I can vouch for longtime's credentials.

Palin Phan

ft Moby -
That's interesting. You have to go with your gut. If you can't vote for him in 2012 then too bad for him. But I think he will be in good shape anyway with the way he has turned the economy around (+5.7% growth), revived GM and is being mentioned as a President to add to Mt. Rushmore. This is all very unfortunate, cause I am Palin fan, I read her facebook everyday. Good luck with whichever way to vote.

God Bless.

DrJ

curves to die from

Yikes!

/ducks

Barry Dauphin

Actually, Bloomberg asked for the trial to be moved because KSM wants to be able to smoke in the courtroom. You can only push Mike Bloomberg so far.

Porchlight

Heh, bgates.

Is it true that Axelrod's pickings are getting slim? I read it somewhere.

imaginary Marine

My dad used to talk about me all the time, but now that his boyfriend is continuing the failed policies of the past that won the war in Iraq I don't even get a Christmas card. Has this happened to anybody else?

Danube of Thought

"We've held commissions since 1775."

We didn't have a constitution in 1775.

"There is no Geneva requirement for a status review tribunal (except in cases where the POW status of a combatant is in doubt, which can't possibly apply to members of Al Qaeda)"

They don't carry cards identifying themselves as members of Al Qaeda. The Supreme Court has held that you do, indeed, need a tribunal to make the status determination, and Quirin needs to be read as the Court read it in Hamdan:

“Contrary to the Government’s assertion, even Quirin did not view that authorization as a sweeping mandate for the President to invoke military commissions whenever he deems them necessary. Rather, Quirin recognized that Congress had simply preserved what power, under the Constitution and the common law of war, the President already had to convene military commissions—with the express condition that he and those under his command comply with the law of war. See 317 U. S., at 28–29. Neither the AUMF nor the DTA can be read to provide specific, overriding authorization for the commission convened to try Hamdan.”

And then there’s this from Hamdan:

“The military commission at issue lacks the power to proceed because its structure and procedures violate both the UCMJ and the four Geneva Conventions signed in 1949.”

Dave (in MA)
Did anybody caught GMA this morning when host George Stephanopoulos was informed, that based on a mapping of his DNA, he is most likely a maternal cousin of Hiliary Clinton ?
He had to submit DNA when he took the job? I would have guessed it was the other way around.
Appalled

Longtime:

If Obama "did a fantastic job at tearing the GOP a new one", then he failed. Because his goal is to bring the GOP from the sidelines, and encourage them to take a role in governing. If he sat back, and managed a Buckley-ite evisceration of their pathetic arguments, then he certainly did not accomplish his objective.

The only way, at this stage, Obama succeeds in such a venue, is talk intelligently about how the GOP ideas expressed at the conference dovetail into what he's trying to do, and get some decent soundbites that express that objective. It makes for rather dullish C-Span, but the optics for the news is far better then Obama pointing, or rejecting arguments (while pointing his fingers, or getting an I'm so smart look.)

Jane

Ranger,

I like it. I want to hear what Rick has to say because this is his baby.

Neo

Jan. 29 (Bloomberg) — Russia urged China to dump its Fannie Mae and Freddie Mac bonds in 2008 in a bid to force a bailout of the largest U.S. mortgage-finance companies, former Treasury Secretary Henry Paulson said.
Paulson learned of the “disruptive scheme” while attending the Beijing Summer Olympics, according to his memoir, “On The Brink.”
The Russians made a “top-level approach” to the Chinese “that together they might sell big chunks of their GSE holdings to force the U.S. to use its emergency authorities to prop up these companies,” Paulson said, referring to the acronym for government sponsored entities. The Chinese declined, he said.

Why does this smell of South Ossetia ?

Did the Russians eventually trigger the near financial collapse ?

Danube of Thought

"I guess the supremes found that inconvenient, as they ignored it in Hamdan..."

They discussed it in the first paragraph of the opinion.

Imaginary Lover

Why is there hair on my palms? Too much facebook?

Jack is Back!

Obama's comment after meeting the house repubs:

"You'd think they were talking about a Bolshevik plot".

Can we now call this "playing the pinko card"?

Ignatz

Here is Quinn Hillyer's take on the "arrogant, thin skinned, prevaricator" Barry meeting the Repubs.

narciso

This is starting to feel like a Michael Thomas
or a Stephen Frey novel. Or to put too fine a point on it Alex Dryden's latest. This covers up Paulson's imcompetence or malice, though
at getting rid of Goldman's chief competitor, who curiously enough had bet the right way on the oil trade,

Porchlight

If he sat back, and managed a Buckley-ite evisceration of their pathetic arguments

Appalled,

Do you really find the GOP's arguments to be pathetic?

Jack is Back!

Ignatz,

Quin forgets one thing - He Won!

No one has any more right to question him until 2012.

When will we ever learn?

verner

Geez Ignatz, thanks for the link! The guy has truly lost it. He's starting to act like Idi Amin...

And as for the Bolshi stuff--all I can say is, if the shoe fits.

And for all the dims out there screeching "John Bircher", Hillary and Sid Blumenthal are the ones who said his mommie was a commie--not me! LOL.

Porchlight

Lot of differing commentary out there on the Q&A with Repubs. Matthew Continetti at the Weekly Standard seemed to think Obama did well, as did a couple of people at the Corner. Hillyer obviously disagrees.

Appalled

Porchlight:

Sometimes. But I was not trying to argue that they were pathetic today. I was indulging in rhetorical effect. (Mostly because Longtime was being gleeful about something, which true, would have been quite bad for Obama.)

It does sound like the Obama/GOP confab was interesting, and I probably will check it out when I can.

Porchlight

Thanks, Appalled. I thought that might be what you meant.

Sara (Pal2Pal)

To the California contingent of the JOM Crew:

We are launching a new blog called CALPAL, Twitter is CALPALHQ in preparation for a knock down drag out 2010 election season. We expect California to make Massachusetts look like a cake walk, but we can get 'er done too.

This is a prelaunch notice. We are looking for our own California "Army of Davids" to keep us informed of California news, events, press releases, behind the scenes info, and anything else California related statewide. The blog is still in construction stage, but far enough long for a look.

If you are a Californian, join us, follow us, submit your contributions, or whatever.

(The posts at CALPAL now are placeholder posts with no commentary, but that will change on launch.)

Extraneus

Did the Russians eventually trigger the near financial collapse?

Did we actually put ourselves into the position of relying on potential enemies to save us? And since 2008, didn't we sell even more of our debt to China?

Good link, Neo. So if Russia and China decide to screw us, we're screwed.

glasater

My take away from Zero's Q&A with the GOP is that he's got the male hots for Paul Ryan.

bad

Obama has a very strange philosophy. He finds Washington to be sick and wrong and motivated by self interest, yet he wants us to send all of our money there so Washington can fix everything in our lives.

Sheesh.....

Neo

Extraneus: It looks like Barney Frank shouldn't be left alone to his own purposes with Fnanie Mae and Freddie Mac. Perhaps he should have some foreign policy committee involved as well.

Neo

... and Obama is worried about a few tens of millions of possible foreign money when Fannie and Freddie have the country hung out for billions that foreigners control and our economy.

Janet

Why did the Reps. agree to this meeting with Obama being on camera when none of the promised health care discussions with just the Dems. were shown on C-SPAN?

The Republicans keep forgetting they are dealing with jackals....

Janet

Jane, for You Too...You know how the highway patrol has cameras on their dash nowadays while their working. Maybe Congress should have a camera on the plane filming them while their getting liquored up on the taxpayer dime. Only on working flights.

LUN Jammie Wearing Fool

jimmyk

Green shoots!

I will go out on a limb and predict that that 5.7% will get revised downward in a month, and probably down again in two months, just as happened with the 3rd quarter numbers (which I also predicted, in all modesty). Of course, if I'm wrong, no one will remember this.

Employment is still the bottom line politically, and there's little sign that's picture has been improving, and there's a pretty good chance it won't improve much by November, though the Dems will try all sorts of gimmicks to inflate the numbers temporarily.

MayBee

The confab was interesting.
I didn't think Obama did all that well, because he did that typical defend himself while pretending to take the blame thing he does.

I don't know. His instinct has always been to paint himself as entirely reasonable while painting Republicans as unreasonable all the while saying he is willing to listen to them if they'll just stop being against his ideas.

That's really what he's been doing for a year, so it will be fascinating to see if more of the same will work in the long run.

Janet

**they're** 2 times!

Old Lurker

"Of course, if I'm wrong, no one will remember this."

Jimmy you know us well enough to know we will remember in great detail.

It's just that we're nice to our friends, so it is unlikely we will embarass you with it.

Besides, you are probably correct.

Cecil Turner

We didn't have a constitution in 1775.

I know. The point was that we had military commissions before we had a constitution (cutesy fact: the Articles of War and the Marine Corps both predate the Declaration of Independence).

The Supreme Court has held that you do, indeed, need a tribunal to make the status determination, and Quirin needs to be read as the Court read it in Hamdan:

Not if Congress said otherwise. Which is the whole point. Relying on a ridiculous 5-4 decision is causing national paralysis on handling unlawful combatants . . . which will only result in more of them in the future.

They discussed it in the first paragraph of the opinion.

Ludicrously claiming it didn't apply. I rather liked Scalia's dissent in Boumediene:

A mere two Terms ago in Hamdan v. Rumsfeld, 548 U. S. 557 (2006), when the Court held (quite amazingly) that the Detainee Treatment Act of 2005 had not stripped habeas jurisdiction over Guantanamo petitioners’ claims . . . [emphasis added]
Don't often see "quite amazingly" applied to controlling precedent in an opinion. But again, this falls squarely in Congress's constitutional authority, and the Court only has a say in this because Congress is silent. So those of us who are unhappy with the Administration's handling should properly be even more annoyed with Congress.

I see from that AP article that there's a proposal to block funding:

Rep. Peter King, R-N.Y., said Thursday he has introduced a bill that would prohibit use of Justice Department funds to try Guantanamo detainees in federal civilian courts. Hours later, Paterson said he wants discussion with federal officials on the issue of venue.
But that's both a back-door approach and unlikely to prevail (AFAICT, it's got GOP+Lieberman votes only).

centralcal

MayBee: you tweeted this during the Q&A:

"Gloria Borger on CNN is rockin' it. People who think this made Obama look objectively positive are suspect."

Could you elaborate? I was at work, no TV, and you piqued my curiosity about Gloria Borger "rokin' it."

clarice

Cecil--I think that approach might work--Holder's decision was widely unpopular; Obama said he was not informed of it IIRC, this way they can block he trials in the US without making O reverse course himself.

In any event if they are wavering, it's a perfect tea party issue.

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Wilson/Plame