Showing posts with label Harshaw (Tobin). Show all posts
Showing posts with label Harshaw (Tobin). Show all posts

Monday, August 27, 2007

The Opinionator: A blog at the NY Times by Tobin Harshaw & Chris Suellentrop

  • The editors of Fark.com have a typically cheeky (as in tongue-in) take on the newly departed attorney general: “White House officials say Attorney General Gonzales has submitted his letter of resignation. However, Gonzales says he can’t recalling writing any such letter, or his reasons for taking such an action.”

  • “Everyone in Washington is talking about how devastating this article is,” Michael Kinsley writes in Slate of “Present at the Creation,” [$] former Bush speechwriter Matthew Scully’s blast at Matthew Gerson, his former boss who is now a Washington Post columnist, as a credit-stealing glory hog. But Kinsley doesn’t think Scully’s piece is worth the dust-up: “What a disappointment! If this is the best the Bush administration can do when attacking one another, no wonder they can’t win the war in Iraq.”

  • More beauty contests, please! Slate’s Mickey Kaus wants the presidential primary calendar to be even more confusing: If the Democratic National Committee says Florida’s presidential primary won’t count unless it takes place in February, why doesn’t Florida just move its meaningless “beauty contest” primary ahead of even New Hampshire and Iowa? He writes at Kausfiles, his Slate blog:

    Better yet, we could have two rounds of primaries. Start with a full roster of non-delegate-selecting ‘beauty contests” in 2007, including in the big states. This would winnow the field. Then, just about the time buyer’s remorse sets in and we wonder if there’s not a better candidate, we could have the second round of real, official, delegate-binding primaries.



Conservative blogger “Captain Ed” Morrissey celebrates Alberto Gonzales’s resignation as attorney general. Morrissey writes at his blog, Captain’s Quarters:

In any case, it’s far past time for Gonzales to go. No one did anything illegal in terminating the federal prosecutors, but Gonzales and his team made it into a royal botch-up anyway. Gonzales really should have resigned after telling people publicly that the attorneys had performance issues when their reviews showed that they had performed well. That set off a series of statements that Gonzales had to retract or clarify, including some in Senate testimony that made him appear as though he hardly had anything to do with running the Department of Justice.

Morrissey isn’t as happy about the rumor that Secretary of Homeland Security Michael Chertoff could be nominated to replace Gonzales as attorney general. He writes in the same post:

I tend to think that they’ll go for someone less associated with the administration, hopefully learning from the nomination of Robert Gates at Defense that going outside can have its advantages. If they do nominate Chertoff, it promises not one but two bruising confirmation battles, the second to replace Chertoff at DHS. There has to be more quality choices available, even in a lame-duck administration.

Michelle Malkin agrees that Chertoff would be an unwise replacement. Instead, she thinks it’s time for a reboot: She proposes a new attorney general who could help the administration pretend the whole Gonzales era never happened. Malkin writes at her personal blog:

If they want the best qualified, most experienced AG candidate who is serious about enforcing all of our laws, including our immigration laws, and who is best equipped to serve in a time of war, the choice would be obvious: John Ashcroft.

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In the Democratic presidential race, it’s been a week of ambiguously controversial remarks. Michelle Obama got things going with “if you can’t run your own house …”, and now The New York Post reports that Hillary Clinton, in a New Hampshire appearance, had this to say about a potential devastating terrorist attack on the United States: “It’s a horrible prospect to ask yourself, ‘What if? What if?’ But if certain things happen between now and the election, particularly with respect to terrorism, that will automatically give the Republicans an advantage again, no matter how badly they have mishandled it, no matter how much more dangerous they have made the world.”

For the right wing, this looks like fish in a barrel: “Got that? Another terrorist attack in the next year or so on American soil would be horrifying to think of, because it might give the GOP an election-year advantage,” writes Jules Crittenden.

“That the sitting Senator of the state which suffered the greatest number of losses on 9-11 would make these kinds of blatantly self-serving remarks about the possibility of another terrorist attack happening before the 2008 elections are very telling as to what her priorities are, and they have nothing to do with protecting the American people, but instead protecting Hillary Clinton’s chances of getting elected to serve as the first female president and Commander in Chief.”

More surprising is the reaction among some of the more thoughtful members of left side of the Web. Matt Yglesias at The Atlantic thinks it’s “a disaster”:

Two points in response. The first is that I think the Democrat best positioned to deal with GOP political mobilization in a post-attack environment is going to be the one who isn’t reflexively inclined to see failed Republican policies resulting in the deaths of hundreds of Americans as a political advantage for the Republicans. The other is that I think there’s a pretty clear sense in which the further one is from Bush’s Iraq policy, the easier it is politically to say that the failures of Bush’s national security policy should be blamed on Bush’s failed policies. Obama has a straight shot (“this is why we should have fought al-Qaeda like I said”) and Edwards (and Matt Yglesias) has a straightish one (“this is why we should have fought al-Qaeda like I think in retrospect”) whereas I’m not 100 percent sure what the Clinton message would be. Most of all, though, I think the politics of national security call for a strong, self-confident posture that genuinely believes liberal solutions are politically saleable and substantively workable, not the kind of worry-wort attitude that says we need to cower in fear every time Republicans say “terror.”

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Gary Rivlin of The Times reported on Thursday about a curious trade dispute between the United States and Antigua and Barbuda over Internet gambling sites. The tiny Caribbean nation instigated a trade complaint “against the United States, claiming its ban against Americans gambling over the Internet violated Antigua and Barbuda’s rights as a member of the W.T.O.” Antigua won the case in three different forums, and now is asking “the trade organization to grant a rare form of compensation if the American government refuses to accept the ruling: permission for Antiguans to violate intellectual property laws by allowing them to distribute copies of American music, movie and software products, among others.”

It’s an interesting enough story on its own, but Wretchard at the Belmont Club manages to find broader significance:

The Antigua story underscores how asymmetries operate in international trade and political relations. A regulatory regime is created, but that fact does not guarantee “fairness.” The huge disparity in the size between Antigua and the United States makes the island’s trade retaliatory power weak. And in a straight trade dispute the odds would weigh overwhelmingly in favor of the US. But lawyers are clever and the loophole cited by the New York Times makes it possible for Antigua to demand the right to pirate US intellectually property — under the rules — and “morally” too because a mechanism which allowed the US to use is preponderant economic power would be “unfair.”

Where have we seen this before? Pretty much everywhere. While not exactly the same, the Antigua decision has structural similarities to the way some international lawyers think about the Geneva Convention and human rights legislation. The US is “bound” by the letter of the law, and if a terrorist mass murderer can find a legal loophole to escape then he is “entitled” to use it. But the Convention is not obeyed by weaker parties because it is impractical to enforce it. Just as pirated DVDs can be found being openly sold in many street corners in Asia without being similarly available in Australia, countries with well-functioning legal systems find themselves at a disadvantage compared to countries with no enforcement. In the area of human rights, for example, America has courts before which lawyers can appear. Al-Qaeda has a cave in Pakistan where accommodations are notoriously poor. The US will obey a legal judgment. Legal judgments against al-Qaeda are an exercise in futility.


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Thursday, August 09, 2007

The Opinionator: A blog at the New York Times; posts for 08 August

Mitt Romney is quickly feeling the heat over this comment at an Iowa campaign event that, while none of his five sons volunteered for military duty, they are aiding the country by “helping me get elected.”

(Rachel Griffiths, who asked the question that prompted the comment, has her recollection of the entire episode at Daily Kos.)

The responses, while predictable, have been pretty amusing: “Mitt Romney, as you’ll recall, avoided combat duty in the rice fields of Vietnam by getting multiple deferments to perform his Mormon mission in the vineyards of France,” writes John Perr, at his Perrspectives blog. “He has deployed his sons to the cornfields of Iowa to aid his campaign. The perfect hair and gleaming teeth of the Romney clan are found on the Five Brothers blog, not with a band of brothers outside of Baquba.”

Chet Scoville at Big Brass Blog was more upset with something else Romney did at the event: saluting a man in uniform. “A salute is something that people in the military give to each other; it represents the bond not only of command but of mutual sacrifice,” insists Scoville. “I would never think of saluting a soldier; it would be presumptuous, disrespectful, and wrong for me to do so. It’s also wrong for Romney to do so.”

Of course, the real Web response we’re all waiting for won’t come from the left, but from the Romney boys themselves on the Five Brothers blog they’ve been writing in service to their father and, apparently, the nation.

Prominent liberal blogger Jerome Armstrong has agreed to pay nearly $30,000 in fines in a settlement with the Securities and Exchange Commission over allegations that Armstrong touted the stock of a software company on Raging Bull, an Internet bulletin board, in 2000, without disclosing that he was being paid to do so.

Armstrong, the co-author of “Crashing the Gate: Netroots, Grassroots, and the Rise of People-Powered Politics,” with Markos Moulitsas of Daily Kos, and the founder of the Democratic activist site MyDD.com, consented to a civil penalty of $20,000, plus disgorgement of $5,832, and $3,235 in interest.

Click here to read the S.E.C.’s litigation release on the settlement.

The settlement resolves the S.E.C.’s claims against Armstrong, said Robert Burson of the S.E.C.’s Chicago office.

Under the agreement, Armstrong neither denies nor admits to the allegations.

“It’s good to see the matter finally end,” Armstrong said in an e-mail message to The Opinionator today.

For The Opinionator’s previous coverage of the S.E.C. allegations against Armstrong, see:

Politics As Usual in the Blogosphere

Elite Liberal Bloggers to Themselves: Shhh!

Warner’s Falling Star

The third wheel squeaks: Michael O’Hanlon and Kenneth Pollack of the Brookings Institution raised a lot of eyebrows last week with their Times Op-Ed article in which they wrote, “we were surprised by the gains we saw and the potential to produce not necessarily ‘victory’ but a sustainable stability that both we and the Iraqis could live with.”

Now Anthony Cordesman of the Center for Strategic and International Studies, who accompanied O’Hanlon and Pollack in Iraq, has delivered his thoughts on the journey.

“The U.S. now has only uncertain, high risk options in Iraq. It cannot dictate Iraq’s future, only influence it, and this presents serious problems at a time when the Iraqi political process has failed to move forward in reaching either a new consensus or some form of peaceful coexistence,” writes Cordesman, yet “there is still a tenuous case for strategic patience in Iraq, and for timing reductions in U.S. forces and aid to Iraqi progress rather than arbitrary dates and uncertain benchmarks.”

Cernig at The Newshoggers feels that while “Cordesman’s report is going to be cast by the mainstream media as cautiously optimistic” anyone who reads it carefully will realize that, “Planning a withdrawal that does not become a rout which would destroy any last vestiges of U.S. prestige should now be a priority.”

Jules Crittenden reads things quite differently: “Another harsh war critic who doesn’t particularly like the situation in Iraq, but likes the Congressional rush to abandonment even less. No wonder Congress was in such a hurry, repeatedly, to pull the rug out from under Petraeus. Political animals must smell something in the wind.”

So does James Joyner at Outside the Beltway:

While less optimistic than the NYT op-ed, the difference is in degree and emphasis rather than substance. Both reports agree that significant progress is being made on the security front and very little movement on the political front. Both agree that precipitous withdrawal would be catastrophic.

Both agree that we could do everything right and still lose. The question remains between choosing least bad options.

Point well taken: but one thing all can probably agree on is we can one receive only so much from the idea of “least bad.”

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Wednesday, August 08, 2007

The Opinionator: A blog at the New York Times by Tobin harshaw and Chris Suellentrop

Hillary ClintonJohn Gress/Reuters

Hillary Clinton, Neocon? The blogosphere is atwitter today with the quote in the Washington Post from Bill Kristol, the editor of the Weekly Standard, that “Hillary Clinton is becoming the responsible Democrat who could become commander in chief in a post-9/11 world.”

Bruce Bartlett, filling in for Andrew Sullivan at The Atlantic Online, weighs in: “Now, I think Bill is completely wrong about the war — I’d pull out of Iraq today if it were possible — but he’s a pretty smart political handicapper,” he writes. “So if he’s saying nice things about Hillary it is because he has come to the same conclusion I have about the inevitability of a Democratic victory.”

Kathryn Jean Lopez at The Corner suspects something more Machiavellian: “He obviously figures his endorsement will kill Hillary 2008, making way for a weaker candidate for the Dems, giving the election to any Republican who just doesn’t screw it all up.”

Back in the real world, Bartlett’s compatriot Matthew Iglesias, sees this as being less about political gamesmanship than ideology: “One can try to speculate that Kristol is playing some odd angles here, but I think the record indicates that he’s genuinely more committed to war — criticized Republican critics of the Kosovo War, criticized Bill Clinton for not killing enough people during the Kosovo War, backed John McCain in the 2000 primaries — and based on the evidence thinks Clinton will be more sympathetic to his agenda than the alternatives.”

Further to the left, however, the approval of the Weekly Standard isn’t considered a mark of distinction. Arthur Silber at Once Upon a Time feels a Democrat will be considered “responsible” only “if you think the United States should still have troops in Iraq at the end of your second term as president, which is to say, at least through the end of 2016 — which is, of course, the view of the entrenched foreign policy establishment that believes in a foreign policy of aggressive, neverending global interventionism maintained by an empire of military bases around the world, all to guarantee American hegemony.”

Those on the center-right might laugh at the rhetoric, but it remains to be seen whether scary tales of a thirst for global domination will get serious attention in the Democratic primaries. Let’s just say that we shouldn’t expect to see Kristol’s endorsement prominently displayed on Hillary’s Web site any time soon.



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Walking does more than driving to cause global warming, a leading environmentalist has calculated,” according to The Times of London. The article, reporting the claims of Chris Goodall, the author of “How to Live a Low-Carbon Life,” continues:

Food production is now so energy-intensive that more carbon is emitted providing a person with enough calories to walk to the shops than a car would emit over the same distance. The climate could benefit if people avoided exercise, ate less and became couch potatoes. Provided, of course, they remembered to switch off the TV rather than leaving it on standby.

With such paradoxical findings coming out regularly, Charles Signorile at Constitutionally Right feels “it is difficult to have an intellectual conversation with anyone regarding global warming“:

There are so many “facts” out there, all of them in direct conflict with each other, only a fool would buy into one theory and argue it as if it were undeniable. The study cited in this article will have you believe that the only way to save the world is to stay in your home with the lights off, only eat vegetables you grew in your backyard, and avoid buying anything which needed to be transported to you.


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According to NPR’s Weekend Edition, “the newest status symbol for the nation’s most affluent families is fast becoming a big brood of kids.”

While some sneeringly refer to the trend as “competitive birthing,” Ronald Bailey at Reason is thinking of the bigger population picture:

It’s interesting to contemplate what this trend might portend for the future of population growth. Generally, demographers have assumed that fertility rates will continue to decline as more of the planet’s people become wealthier. Falling fertility would mean that world population could follow the trajectory of the U.N.’s low variant population projection which would result in a total population of about 5.5 billion in 2100. That’s 1 billon fewer than the world’s current population. Now consider the case in which the U.S. economy grows by 3 percent per year until 2100. Assuming a population of 400 million, that would mean that average incomes would be over $500,000 per year in real dollars. The demographic inflexion point for more kids is around $250,000 per year. Could we be looking at a new baby boom after 2050?

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Tuesday, August 07, 2007

The Opinionator: A blog at the NY Times by Tobin Harshaw & Chris Suellentrop

While President Bush’s signing of the new wiretap law is the big news on the national security front, a lesser but related story is gaining a bit of attention on the Web.

Newsweek was first with the news: “The controversy over President Bush’s warrantless surveillance program took another surprise turn last week when a team of F.B.I. agents, armed with a classified search warrant, raided the suburban Washington home of a former Justice Department lawyer. The lawyer, Thomas M. Tamm, previously worked in Justice’s Office of Intelligence Policy and Review (OIPR) ­ the supersecret unit that oversees surveillance of terrorist and espionage targets … two legal sources who asked not to be identified talking about an ongoing case told Newsweek the raid was related to a Justice criminal probe into who leaked details of the warrantless eavesdropping program to the news media.”

The apparent recipients of those leaks, which occurred shortly before the 2004 election, were two New York Times reporters, James Risen and Eric Lichtblau, although their article about the eavesdropping program was not published until late in 2005. So, who is Mr. Tamm, and why does this matter?

The Xsociate at All Spin Zone finds the timing suspicious:

Now I would have to agree with those who say this raid is about intimidating would be whistleblowers. … But I wonder if this week’s rush to amend FISA had more to do with the particulars of this incident than anything else. Consider that to prosecute any leakers, the administration would have to admit what they were doing for several years was in contravention of FISA. But now that they have what amounts to tacit approval of that activity from Congress, it will make prosecuting the squealers somewhat easier.

Steve Benen at The Carpetbagger Report jumps in with a blunt observation. “First, whoever leaked word of the warrantless domestic surveillance,” he writes, “exposed an administration program that was against the law.” Benen continues:

Shining the light on illegalities shouldn’t be punished; it should be rewarded … Second, and just as importantly, there’s some irony in Bush’s Justice Department seeking to criminalize leaks ­ we are, after all, talking about a White House that leaks like a sieve, especially when it comes to national security. Just last week, the Bush gang was dishing to the NYT new details (that hadn’t even been disclosed to Congress) about the administration’s surveillance activities. Because the leak was intended to help defend Alberto Gonzales from perjury charges, the White House didn’t complain.

On the other hand, Mike “Gamecock” Devine at RedState, finds the report of the raid, well, encouraging. He writes: “This is huge news for those of us that have bemoaned the lack of any tangible evidence that the President was fighting back against the shadow liberal government in Washington beaurocracies that are willing for Americans to die at the hands of terrorists if it advances their political agenda, i.e. destroying Bush and getting a liberal appeaser back in the White House.”

Gabriel Schoenfeld at Commentary feels that the Tamm may not be the only one to feel the heat:

The New York Times had also broken the black-letter law. It had breached the provisions of Section 798 of Title 18, which make it a crime to publish classified information concerning the interception of communications intelligence. With the investigation making progress, the possibility remains that even if The New York Times is not indicted, its reporters­ James Risen and Eric Lichtblau ­might be called before the grand jury and asked to confirm under oath that Tamm, or some other suspect, was their source. That is what happened to a whole battalion of journalists in the investigation of Scooter Libby in the Valerie Plame fiasco. If Risen and Lichtblau promised their source confidentiality, they might choose not to testify. That would potentially place them, like Judith Miller in the Libby investigation, in contempt of court and even land them in prison.

And P.J. Gladnick at NewsBusters gleefully posits that comments apparently posted by Tamm on liberal Web sites may have led to his unmasking. He writes:

If it turns out that Thomas M. Tamm is the FISA leaker, then a good case could be made that … postings on the Web might have been his undoing. Ironically this would not be the first time a high government official illegally releasing top secret information revealed himself via web postings. Robert Hannsen, the F.B.I. agent convicted of selling secrets to the Soviet Union and Russia, raised suspicions about himself when he posted explicit information about his sex life on Internet chat rooms. Perhaps this FISA leak case will be the second time that Web postings would have been the undoing of a government official illegally releasing top secret information.

Speculation, to be sure. But as all of us who ply a trade on the Web know, even if the keyboard is mightier than the sword, it still cuts both ways.

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The Opinionator: A blog at the NY Times by Tobin Harshaw & Chris Suellentrop

While Hendrick Hertzberg finds the appeal of nostalgia at YearlyKos, other liberals simply find the deja vu repellent. “YearlyKos will add nothing to a much needed debate on the future direction of our country,” insists Nancy (The Hankster) Hanks. “The time for insurgence in the DP is over. Without a relationship to independent voters — left, center and right — YearlyKos will remain safely within the boundaries of the very partisan political culture that is responsible for the bad policy we are living with right now.”

The freelance journalist Marc Cooper shows a little outrage. “Showing up to pander to the online activists (whatever that means) does not in itself make a revolution, nor necessarily even denote much of a shift of political gravity within the Democratic Party,” he writes on his blog. “That sort of paradigm shift requires more than a stiffening of the will of the Democrats. It also means that liberal blogs (especially after the Dems win the coming election) are going to have to show some real independence and not settle for being mere transmission belts of the party ‘communications’ apparatus.”

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Saturday, July 28, 2007

The Opinionator: A blog at the NY Times by Tobin Harshaw & Chris Suellenthorp

So much for the slow dog days of summer. From YouTube’s laughs to Obama’s gaffes, from Alberto Gonzales’s stonewall to Robert Mueller’s tell-all, it was a huge week for the blogosphere. But among all the mayhem, one story that readers outside New York may not have followed closely was the travails of our governor, Eliot Spitzer, whose aides, it turns out, attempted to strongarm the state police into helping them build a case against the State Senate leader, Joe Bruno, for unauthorized use of state aircraft.

A local story? To some extent — but given New York’s prominent place among the states and Spitzer’s seemingly limitless ambition, it’s of national significance, and bloggers everywhere are tuning in with interest. One of the best sources of inside details has been John Riley at Newsday’s Spin Cycle blog, who now is questioning the conclusion of Attorney General Andrew Cuomo’s otherwise withering report on the Spitzer administration’s action that the governor’s aides didn’t break the law:

We’re hearing from some people that it might not be “unauthorized” for the state police superintendent to gin up a report on orders — the superintendent can “authorize” what he wants as long as it’s not illegal — and that the “benefit” would have to be personal to the person who engaged in the act. That might be a problem since technically any political benefit would go to Spitzer. But, on the other side: How could it be “authorized” for Spitzer’s aides to tell the state police that there was a FOIA request for certain documents when there wasn’t? And what if Spitzer told his aides to execute the plan, and was behind the whole thing? Then wouldn’t he personally reap the “political” benefit?

Likewise, law professor Stephen Gillers of New York University told The Times he feels “that the attorney general was premature in his conclusions. He cited one particular section of the state penal law, Official Misconduct, which says that a public servant is guilty of a misdemeanor if he commits an ‘unauthorized exercise of his official functions’ with the ‘intent to obtain a benefit or deprive another person of a benefit.’ ‘It’s certainly sufficient to warrant investigation and prevent the attorney general from saying no laws were broken without further investigation,’ Professor Gillers said.”

In any case, the voters seem to think there are unanswered questions. “Eight in 10 voters said they think the New York governor should testify in any further investigation into an alleged plot by his aides to use state police against Republican Senate leader Joseph Bruno,” according to a new WNBC/Marist College poll. “Half of New Yorkers also suspect Gov. Eliot Spitzer knew more than he has said about the plot.”

Matt Yglesias of The Atlantic, viewing things from Washington, feels that Cuomo is in the right, if for all the wrong reasons:

“But Cuomo, rather than acting as first and foremost a loyal Democrat and seeking zealously to shield Spitzer from scrutiny, is acting first and foremost as a selfish, ambitious politician happy to embarrass both Spitzer and Bruno in hopes of himself becoming governor some day,” Yglesias laments.

“Much of the crisis in Washington today boils down precisely to the congressional GOP’s unwillingness not so much to ‘do the right thing’ but unwillingness to even be petty and power-hungry; their decision to see their job as backstopping the president come what may rather than to jealously horde the powers of their own offices.”

Investor’s Business Daily’s editorial writers are wallowing in the governor’s mistakes: “New York Gov. Eliot Spitzer and the one president ever forced to resign seem to have a lot in common. But at least Nixon waited a little while before using the tools of state against his political enemies.”

And U.C.L.A. law professor Stephen Bainbridge has some rhetorical fun: “Can you imagine what Attorney General Spitzer would have done to a corporate CEO who told two of his executives to stonewall and who tried to fight off an investigation?”

Republican New York City Councilman Jimmy Oddo, however, tells the New York Observer’s Politicker blog that the G.O.P. should play this carefully. “I just think that my party needs to play this one smart and not to overplay their hand,” Oddo informs Azi Paybarah. “With some prodding, I would continue to allow the governor to inflict these wounds to himself. If we overplay our hand, the public will say, ‘a pox on both your houses.’… If our focus is 100 percent on this, and we forget to do policy, it’ll come back and recoil. We should be doing a nice mix of policy and substance as you help the governor self destruct,” he said.

Well, the next step seems to be the governor’s, and a little birdie informs me that he’s penned an Op-Ed piece for Sunday’s Times that offers an apology and a call for voters to move on. I think we’d all admit that an apology from Eliot Spitzer is a pretty remarkable thing; but then, New Yorkers being New Yorkers, how many really think this is all behind us?

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Thursday, July 26, 2007

The Opinionator: A blog at the NY Times By Tobin Harshaw & Chris Suellenthorp

An obscure federal trial in Pennsylvania may have a big impact on the Immigration Reform debate. Reuters reports that “a U.S. judge on Thursday struck down as unconstitutional a local law designed to crack down on illegal immigration, dealing a blow to similar laws passed by dozens of towns and cities across the country. U.S. District Judge James Munley said the city of Hazleton, 100 miles north of Philadelphia, was not allowed to implement a law that would fine businesses that hire illegal immigrants and penalize landlords who rent rooms to them.”

The blogger at Digger’s Realm who has been following the trial closely is struck by the judge’s insistence that “even if federal law did not conflict with Hazleton’s measures, the city could not enact an ordinance that violates rights the Constitution guarantees to every person in the United States, whether legal resident or not.”

“So the ruling seems not to state that the ordinance conflicts with federal immigration laws, but that the judge interprets the Constitution to include rights to illegal aliens,” writes Digger. “This is flawed logic in my opinion because illegal aliens have not sworn to uphold and defend the Constitution of the United States. The Constitution is not a human rights document as US District Judge James Munley seems to think, but is the rule of law in this land. As illegal aliens are breaking the law they should be held accountable. If it takes a local jurisdiction to do so - and uphold the Constitution - then so be it.”

James Joyner at Outside the Beltway sympathizes, but doesn’t think the judge was out of line: “This one was a no-brainer and, unless they had no brains, Hazleton’s politicians damned well knew it. One understands the frustrations of local officials, who have to bear the brunt over the inability or unwillingness of the federal government to enforce our immigration laws. Still, they obviously don’t have jurisdiction.”

Unsurprisingly, Michelle Malkin knows whom to blame: “Munley is a Clinton appointee.” Some reflexes, apparently, never get unlearned.

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The Opinionator: A blog at the NY Times By Tobin Harshaw & Chris Suellenthorp

  • “Scott Thomas,” the pseudonymous soldier-writer who’s been publishing postcards from the Iraq front at The New Republic, has shed his cover: “I am Private Scott Thomas Beauchamp, a member of Alpha Company, 1/18 Infantry, Second Brigade Combat Team, First Infantry Division.”

    Good to know, but it’s hardly the end of the story. TNR’s editors say they “have decided to go back and, to the extent possible, re-report every detail” of Thomas/Beauchamp’s dispatches.

  • “It’s actually not that complicated, guys,” responds Bryan Preston at Hot Air. “Was there or was there not a mass grave that contained the bones of children underneath everyday, mundane household items? If there was, Pvt Thomas’ writings could be true, but if there wasn’t –­ and we know that there wasn’t –­ then they can’t be true. Are the Iraqi police the only ones who use Glocks in Iraq? If they are, his writings could be true. If they’re not –­ in a country awash in weapons, they’re not –­ his writings contain fabulism.”

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The Opinionator: A blog at the NY Times By Tobin Harshaw & Chris Suellenthorp

University of Colorado ethnic studies professor Ward Churchill, he of “little Eichmanns” fame, was fired yesterday by the university’s Board of Regents “on the ground that he had committed academic misconduct by plagiarizing and falsifying parts of his scholarly research.”

While the case will now go to the courts, the court of online opinion has already spoken. Churchill has his defenders, like Russell Shaw at Huffington Post:

Why is Ward Churchill’s dismissal so infuriating to me? Two reasons. One, having been to and taught in college, I have used and borne witness to the phenomena of professors that make seemingly outlandish statements to spark debate. The debate can be class-wide, campus-wide, or society-wide, but statements can be an effective tool of the polemicist. Second, I am as close to a believer in academic freedom of speech as you can get. No matter how offensive, I believe it is a central role of academicians to raise the points they choose and then try to prove them. I personally don’t see how Churchill’s objectionable argumentation could ever be proved or validated, but that’s why we have other academicians.

Mike Dunford, the Questionable Authority, feels that “as bad a message as firing Churchill sends — and it is a bad message — it needed to be done.” His explanation:

There is no right to be believed. Trust — credibility — is a privilege that is hard to win and easy to lose … He needed to be fired because he shows absolutely no signs of understanding that he did anything wrong. Ward Churchill seems to believe that it is acceptable to manufacture facts, manufacture “outside” support for his arguments, and do or say anything else that advances the particular perspective that he advocates.

Another academic blogger, Janet D. Stemwedel of Adventures in Ethics and Science, agrees that Churchill’s politics played a role in the Regents’ action, but doesn’t find that a convincing defense.

“The feds wanted to prosecute Al Capone for his gangland criminal activities but ended up nailing him for tax evasion,” she notes. “The forces who were most vocal early on in calling for the firing of Ward Churchill went after him for his political views, but the basis for his firing is the academic misconduct. The motivation for the prosecution does not change the fact that the target was caught doing something wrong. If you don’t want your political enemies to have firm basis to call for your firing, it helps not to have committed other firing offenses.”

The last word, for now anyway, comes from the university’s president, Hank Brown, writing at The Wall Street Journal:

His case is about far more than academic misconduct. It is about the accountability that public universities must demonstrate. Mr. Churchill’s difficulties in facing up to his academic responsibilities are in many ways emblematic of higher education’s trouble with accountability. Too often, colleges and universities tend to insulate themselves in ivy-covered buildings and have not been as diligent as necessary to ensure that the academic enterprise is conducted rigorously and honestly. This elitist attitude is simply outdated, and our university has made tenure reforms — precipitated by the Churchill case — that will ensure academic integrity.

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

Did Attorney General Alberto Gonzales lie during his Congressional testimony yesterday? Spencer Ackerman at TPM Muckraker thinks so, and counts the ways:

He tripped himself up repeatedly during his testimony to the Senate Judiciary Committee — quite possibly entering perjury territory. Gonzales’s big problem is that he told the Senate on February 6, 2006 that no one within the Justice Department dissented from President Bush’s warrantless surveillance program, a contention made dubious by James Comey’s testimony in May that, as acting attorney general in March 2004, Comey refused to reauthorize a program he considered illegal.

Some of the Senators seem to agree, reports Elana Schor at The Hill: “The Senate veered closer to a contempt finding against the White House on Tuesday after an acrimonious appearance by Attorney General Alberto Gonzales, with the Judiciary Committee’s senior Republican offering options for taking the Bush administration to court.”

Steven Reynolds at All Spin Zone is at least able to find a rueful humor in the event: “The New York Times didn’t cover the story on the front page of its web site, and one has to search a bit to find the story in the Washington Post. Frankly, I’m thinking the performance of the Attorney General was so embarrassing that those papers didn’t want to appear to be piling on. They don’t want to appear to be making fun of someone who is handicapped, perhaps, virtually unable to distinguish between the truth and lies.”

So, who on the right is rushing to the attorney general’s defense? At National Review’s The Corner … um, nobody’s touching the subject. At American Spectator, ditto. OpinionJournal? Worldwide Standard? Nada. Finally, something by Ed Morrissey at Heading Right:

If the White House is shrinking from a confirmation hearing on a replacement for Gonzales, it should remember that the DoJ serves the nation, and the nation deserves a competent and capable chief for this critical point in history. If Bush clings to Gonzales out of a sense of loyalty, then he should consider the damage that personal loyalty has done to his own credibility and the credibility of federal law enforcement. Gonzales is a mistake he can rectify, and Bush should do so immediately.

As the cliché goes, if you want a friend in Washington, get a dog. If Gonzales did take that advice, does anyone else suspect that even Fido’s faith might be questionable about now?

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

  • Remember immigration reform? Most of Congress seems to have conveniently forgotten the issue. And now, according to The Washington Times, Rep. Rahm Emanuel is actively putting it out of mind:

    “Rep. Rahm Emanuel of Illinois, an architect of the Democratic campaign that regained control of the House last year, says his party will not attempt comprehensive immigration reform until at least the second term of a prospective Democratic president.”

  • While many think that anything in that newspaper, which is owned by Sun Myung Moon’s Unification Church, should be taken with a grain of salt, Nick Gillespie at Reason Hit & Run is simply taking the news well:

    “For those of us who believe in open borders (or as close to open as you might get), I think this is good news. However rotten the immigration status quo is, the reform bills passing around seem worse, larded with all sorts of employer regulations and restrictions and a commitment to some sort of beefed-up, sure-to-be-useless wall and enforcement efforts. And Emanuel’s statement strikes me as politically savvy, too. Despite the clamor about the immigration issue, it really isn’t the electoral motivator observers claim it to be (that’s one of the great unlearned lessons from the 2006 midterms) but it certainly appeals to the worst in candidates and voters.”

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Wednesday, July 25, 2007

The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

So, other than YouTube, who won the debate last night? Scanning the blogosphere, it seems that if not everyone found something to like about everyone, at least someone found something to like about each one. “Hillary Rodham Clinton’s dominating CNN/YouTube debate performance tonight flipped the script on America. Or it should have,” says Douglas Burns at Iowa Independent. “No longer should the question be: Can a woman be president? With her fourth in a series of crushing Democratic debate performances, the question everyone in America should be asking themselves: What have we been missing by eliminating more than half our population from the application process for this job since the late 18th century?”

Chris Cillizza at the The Fix feels Clinton did well, but that John Edwards broke through by making “a compelling case as to why his life experience and willingness to propose bold solutions made him the right choice for voters looking to make a clean break with business as usual in Washington. His performance for the first 118 minutes of the debate was enough to overcome the foible of criticizing the jacket Sen. Hillary Rodham Clinton (N.Y.) was wearing. Why do that?”

While Barack Obama received a lot of criticism (mostly from Ms. Rodham-Clinton) for saying he would “meet separately, without precondition, during the first year of your administration, in Washington or anywhere else, with the leaders of Iran, Syria, Venezuela, Cuba and North Korea, in order to bridge the gap that divides our countries,”
the Republican pollster Frank Luntz did a minipoll for Fox News that gave the Illinois senator some good news: “We took a group of 30 South Carolina Democrats and they watched the entire two hours. They came in here supporting Hillary Clinton, a plurality did, and they left here supporting Barack Obama.”

Jim Geraghty at NRO liked Joe Biden: “If there is justice in this world, Biden’s comment about voting for a recent appropriations bill that included upgrades for military vehicles to protect from IEDs, lambasting Hillary, Obama, and Dodd for voting against it, would be the sound-bite of the night. He points out the actual consequences of their pandering to the antiwar base of the party.”

Similarly, Ben Adler at Tapped was most struck by “Bill Richardson’s shrewd answer that he’d get the lesbian couple from Brooklyn ‘everything I think is politically feasible’ thus hinting that he has no problem with full marriage equality but avoiding taking the political risk of saying so outright.”

And the gang at MSNBC’s first read felt that another longshot, Chris Dodd, “with the limited time he got, was strong as well.”

Further to the fringes, Lynn Sweet at Huffington Post thinks that Dennis Kucinich was “candid and pointed, connected the dots between global warring and global warming.”

So, if I’m counting correctly, that makes seven candidates covered, which leaves us with only Mike Gravel. Mike Gravel compliments, anyone? O.K., if nobody else will step up, let me just say the former Alaska senator has likely shown a more, uhm, original grasp of what YouTube is all about this campaign than any other candidate. Just check out “Rock” and “Fire” and tell me whether, if this whole president thing doesn’t work out, he might not have a future as a brooding art student.

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp


O.K., presidential politics entered the YouTube era last night, and everybody has an opinion — ­ not about the candidates, of course, but about the format.

John Aravosis at Americablog was impressed:

The video thing worked, and Anderson did a good job, especially at going after the candidates for not answering the questions. It’s one thing to simply say “you didn’t answer the question,” and quite another to do it in a way that’s actually forceful and might just get them to say something more. Cooper did the latter.

Mustang Bobby at Bark Bark Woof Woof disagrees, saying it “was pretty much the same as all the other previous events — a joint press conference between the eight Democratic candidates on a stage.” Still, he says, “while it had the distinct odor of gimmickry, most of the questions were worth asking and occasionally pointed. The candidates showed their ability to take an unrehearsed question and turn it into one of their standard stump speeches without too much effort, so if you want to give them points for that, I suppose that’s to their credit.”

“A significant number of questioners were people of color and/or addressed issues of race and class, and I was pleasantly surprised,” writes Spencer Overton. “Perhaps because of the digital divide, one might have assumed that this debate would have overlooked issues critical to people of color. That was not the case.”

Andrew Sullivan, in a surprising populist mode, says that “if you’re sick of people like me on television, or worse, then the direct questions from regular voters and non-voters must have been a breath of extremely fresh air (there’s another asthmatic metaphor). I was fearing it would be lame. It wasn’t.”

For Steve M. at No More Mr. Nice Blog, it simply whetted the appetite for the Republican version of the debate in the fall: “The YouTube Democratic debate didn’t do much for me, but it did whet my appetite for the GOP YouTube debate that’ll happen on September 17 — if only because many of the questioners last night struck me as precisely the sort of disgruntled outsiders Rudy Giuliani used to have arrested when he was mayor of New York, when he wasn’t denouncing them as mentally disturbed.”

Ann Althouse is also looking ahead, with advice on getting your clip in to the Republican field in September:

Now that people have seen the videos — and which videos CNN chooses — it should have an effect on the quality of the next set of videos. What are the lessons? You can do humor and you can speak through animation or puppetry as long as you ask a dead serious question, like that snowman did. It helps to personify the question, like those lesbians or the man with dead soldiers in his his family. And it seems to work to sound a little inept or too casual in the first second and a half, but then quickly get out a clear question. They also obviously want questions in the same basic areas they’d hit if they were writing their own questions, so you might choose something boring — like Social Security — that not too many other people will do but that CNN will think has to get in. Good luck.

So, the key to becoming an official inquisitor in an Internet debate is to imitate the “boring” network reporters? Hmmm, so much for the YouTube revolution.

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The Opinionator: A blog at the NY Times

Yesterday we were told that Mohammad Zahir Shah, the last (so far as we know) king of Afghanistan, died in Kabul, and most obituaries paint him as a well-meaning if ineffectual old man. James S. Robbins at National Review Online sees him as something altogether different — a model, of the Platonic sort:

How many people now captive in Middle Eastern dictatorships would rather be living under the enlightened rule of someone like King Abdullah II of Jordan, or Sheikh Mohammed bin Rashid Al Maktoum, the emir of Dubai? Or King Hamad bin Isa Al Khalifa of Bahrain, or Sheikh Hamad bin Khalifa Al-Thani, emir of Qatar? These countries enjoy relative peace and sometimes dazzling prosperity, Dubai in particular. Their societies are comparatively tolerant, and Western-oriented. Of course not all monarchies are so praiseworthy, but when stacked up against post-Pahlavi Iran or Syria under the Assads, we really have to reconsider the traditional definition of political development. Zahir Shah may not have been the most dynamic king, but a gentle, kindly monarch and his mildly corrupt relatives are better guardians of liberty than nationalistic dictators or stern-eyed mullahs, each with interchangeable secret police and mechanisms of oppression.

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Monday, July 23, 2007

The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

“Here’s a crude generalization: after the sixties, intellect and patriotism went separate ways, to the detriment of both. This mutual hostility made intellectuals less responsible and soldiers less thoughtful,” writes George Packer at The New Yorker’s Interesting Times blog.

“The wars in Iraq and Afghanistan have begun to close the divide. I think the reasons are these: first, September 11th made military service more attractive to the kind of college students who used to find it unthinkable … Second, the nature of these wars demands a soldier who is more than an artilleryman with an engineering degree. … The soldiers whose reputations have been made and not destroyed in Iraq — ­General David Petraeus, Colonel H. R. McMaster, Lieutenant Colonel John Nagl — ­have doctorates in the humanities.“

Hmm, I think we can agree that this is a promising development. But is the observation true?

The latest kerfuffle in the blogosphere involves a diary posting by one “liquidman” at Daily Kos titled “KILLITARY: How America’s Armed Forces Create Serial Killers and Mass Murderers” that was apparently quickly taken down from the site (you can see a Google cache of it here).

Predictably, conservatives were outraged.­ Ace of Spades points out that “given the millions upon millions upon millions of young (and not so young) men who’ve served in the military in the past 50 years, it’s hardly surprising to find serial killers among them. And drug dealers. And hit men. And rapists. And gentleman cat-burglar jewel-thieves, even.”

But so too were many of the left, like Kyle E. Moore, a Vietnam veteran. “For us to drop the fiction of supporting the troops, it has to be fiction first, which wasn’t true, right?” he asks. “I got a pretty unassailable record on supporting the troops because I think it’s the right thing to do. They’re doing their job, and doing it honorably and admirably and making the best of one severely screwed up situation … And the rapid deletion of the post obviously was a result of Kos not wanting anyone [peeking] up his skirt and finding the little anti-troop monster there.”

Still, argues Moore, for the right to take one tendentious diary posting on Kos and using it “to call into question Kos’ integrity, and then by association, all of us on the left,” seems more than a bit overblown.

All in all, there seems to be a stunning amount of mutual understanding here, so perhaps Packer is on to something. Let’s see if the new tolerance holds up through a much larger storm brewing on that front: The New Republic’s shocking series of Baghdad dispatches [$], by a soldier writing under the name Scott Thomas, that the Pentagon and scores of right-wing bloggers insist are a left-wing smear campaign.

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp


“Self-hate, in the Jewish context, is assailed by traditionalists, quantified by sociologists, catalogued by hobbyists, ribbed by comedians, feared by parents,” writes Bradley Burston at Haaretz.com. “It is also underrated.”

No, Burston isn’t channeling Woody Allen ­ he feels that “the Jew who is viciously critical of matters Jewish - or for whom Jewishness and Israel are sources of shame - may shed light on issues we may wrongly choose to ignore or accept” and that Muslims to learn from their old enemies’ navel-gazing ways: “It may be argued that an element of self-hate could benefit the contemporary Muslim world no less. The sense of moral superiority and ultimate entitlement is strong within Islam as well. This has proven no healthier for Muslims than it has for Jews.”

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp


On “Meet the Press” yesterday, Sen. Russ Feingold renewed his Quixotic call for Congress to censure President Bush. Yet again, the rally cry was greeted by a resounding thud. Ed Morrissey at Captain’s Quarters feels that even as symbolism, censure is pointless. “It would carry no weight nor force any change in policy,” writes Morrissey. “It amounts to little more than a temper tantrum and is at least arguably inappropriate in terms of the Constitutional separation of powers. Congress uses censure to punish its own members, not members of other branches. It has only been used once against a president — in 1834 against Andrew Jackson — and the succeeding Congress vacated it.”

More surprisingly, perhaps, the contributor “intranets” at the lefty collective site ePluribus Media also feels a censure resolution would be foolish: “Senator Russ Feingold proposes a meaningless Censure vote which will serve only to make Impeachment impossible. There is probably only one chance at voting on impeachment. Any impeachment efforts after a Censure vote would have the complicit media yelling foul and labeling Congress as unfairly partisan.”

In any case, it doesn’t look like Senate Majority Leader Harry Reid is going to put censure on the front burner. “Frankly, we have so many other things to do,” he said on “Face the Nation.”

“At this stage, Russ is going to have to make his case as to why we should do that rather than do our appropriation bills, finish the defense authorization bill, Homeland Security appropriation bill.”

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp


The author and Tufts associate professor Daniel W. Drezner is less than pleased with a new Financial Times/Harris poll that found that most residents of wealthy countries, “regardless of how liberal their economic traditions” do not feel that “opening economies to freer trade is beneficial to poor and rich countries alike.” Much of this animosity, the poll found, stems from the belief that globalization is directly related to rising income inequality.

“For a pro-globalization type like me, there’s not a lot that’s funny about this kind of public sentiment,” writes Drezner. “There is something ironic, however, about the extent to which publics believe that this kind of measure will reduce income inequality … I can’t dispute the rising resentment about rising inequality — but that doesn’t mean that the resentment has acquired the correct target (I don’t think there is a clear target, but that’s a topic for another day). There is support, clearly, for some really stupid policies.”

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Sunday, July 15, 2007

The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

While Iraq, global warming and surgeons general dominated the front pages this week, the steady rumbling sound you heard echoing through the blogosphere was all about the now-finished first term of the John Roberts’s Supreme Court. The gauntlet was thrown down most brazenly [$] by Jeffrey Rosen in The New Republic, who asks the big question: “The polarization inspired the four liberal justices to write some of their most passionate, incisive, and memorable dissents. But how pessimistic should liberals really be about the future of the Court?”

Rosen’s answer is cautious, but not panic-inducing for Democrats. Other liberals are far more skeptical: “Rosen now wants us to believe that he was making some kind of point about political realism,” replies Matthew Yglesias, “but that’s not what was going on. People were writing, in the face of the evidence, that Roberts marked a clear break with Scalia. And we’re seeing that he unquestionably is a break in prose style but he makes the same rulings.”

Scott Lemieux at Tapped goes further. “The Alito/Roberts method is, if anything, even worse for liberals than the Scalia/Thomas one: it achieves the same results while attracting less public scrutiny,” writes Lemieux “It’s worth noting that Alito and Roberts did not join the one “narrowing” opinion of any substantive significance: Kennedy’s refusal to go along with the ‘color-blind’ majority in the school desegregation cases.”

David Sirota looks back in anger: “Back when George Bush was nominating people like John Roberts and Sam Alito to the Supreme Court, I wrote a series of posts (here’s one) wondering why Democrats and progressives weren’t focusing more on what these two right-wing nominees would do to basic economic policy. Now, with them on the court, we get an idea why I was so worried about this.”

While Tom Goldstein at Scotusblog looks forward with hope: “My ultimate predictions? Kim Wardlaw (2009, for Souter), Deval Patrick (2010, for Stevens), and Elena Kagan (2011, for Ginsburg).”

The wishful thinking from the left was largely in reaction to Linda Greenhouse’s article in The Times about efforts on the left to build “a long-term strategy built around an affirmative message of what the Constitution means and what the enterprise of constitutional interpretation should be about.”

Ann Althouse can see why the idea of a “heroic” court is tempting, but thinks it doesn’t pass the reality check. “This grand vision for a Court that would expansively and actively enforce rights will be seen by present day voters as a political proposal,” she writes on her blog. “If people today really want that vision, they can get it from the political branches. They don’t need a reactivated liberal Court. The liberal lawprofs’ dream seems to be that you could get people to believe that the expansive vision of rights is the proper way to do constitutional interpretation and they’d be willing to go along with that even if they didn’t want these rights enough to support enacting them into law through statutes. But what are the chances that people today would allow liberal academics to convince them of such a thing?”

Indeed — and in any case, liberals can do all the plotting they want, but it doesn’t look like Messrs. Roberts, Alito, Scalia and Thomas are going away any time soon.

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The Opinionator: A blog at the New York Times by Tobin Harshaw & Chris Suellenthorp

  • A Third Way on Iraq? “Moderate Democrats and politically vulnerable Senate Republicans who want change in Iraq — but fear being lumped together with the anti-war crowd — have been desperately searching for an alternative,” reports Martin Kady II at CQPolitics.

    “Thirteen senators are pushing to modify the defense authorization bill (HR 1585) by adding the recommendations by the Iraq Study Group. Those include a redeployment of troops — from combat status to trainers of Iraqi forces — but without binding timetables. Neither Senate party leader has embraced the measure … The resistance from party leaders, however, is one of the reasons senators have embraced the measure: It offers them cover from both sides of a divisive debate.”

    The Times’s editorial on Sunday that had no interest in compromise, calling for an immediate withdrawal from Iraq, has generated plenty of discussion. Victor Davis Hanson, writing at City Journal, takes his shot: “It is rare that an editorial gets almost everything wrong, but ‘The Road Home’ pulls it off. Consider, point by point, its confused—and immoral—defeatism.”

  • Amazon and Oprah: “If you’ve written a book anytime in the last ten years, you’ve probably become intimately familiar with your Amazon.com sales rank — it doesn’t reveal how many copies are selling, but it’s instant feedback on how well you’re promoting your book,” notes John J. Miller at The Corner.

    “Does your rank improve when you appear on TV? (The answer is almost always yes, though some shows are much better than others.) How about when you write an op-ed for a major metropolitan paper, or appear on a local radio station? (Much more ambiguous.)”

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