The Majority Court…

June 29, 2007

After the past few decisions by the Supreme Court, I am not exactly teeming with confidence about what they will rule with regards to prisoners being detained at Guantanamo Bay.  Consider the following rulings by the Court, and consider the request for privileges that were either restricted or denied.

  1. Abortion Rights – restricted
  2. Student Speech – restricted
  3. Corporate Speech – expanded
  4. School Integration – restricted

I notice a distinctly majoritarian pattern in the rulings.  Without getting into the wisdom of the decisions referenced above, which is not the point of  my post, I just want to point out that the Guantanamo Detainees do not gather a lot of majoritarian sympathy either.  Hope I’m wrong, but I don’t think it looks good.

As an aside, Cass Sunstein has a great WaPo editorial on the direction that the Court seems to be going.


Great Googa Moo!

June 28, 2007

Argentina’s lineup for the US game tonight in Copa America:

Abbondonzieri

Zanetti Ayala Heinze Milito

Veron Mascherano Cambiasso Riquelme

Messi Crespo

No matter what happens, remember this: NO ONE should expect to beat this starting eleven. Brazil may have better flash up front when Ronaldinho and Kaka are playing, but Brazil is nowhere near as good in the back as this Argentina team. This lineup is SICK. I still feel cheated that we decided to snub the third most important international tournament in the world, and I think, with the US and Mexico in Copa America, arguably the SECOND best international tournament in the world by sending our best players to the Gold Cup and sending our younger players to face the world’s best international side in what is likely to be a very hostile environment. Remember when Serbia & Montenegro gave up one goal in their ENTIRE WORLD CUP QUALIFYING? They lost to Argentina 6-0 IN EUROPE. Yeah… a draw or win would EASILY be the most famous win in US history. Oh, and to top it off, Argentina lost in Penalty Kicks in the final last time to Brazil by giving up a tying goal in stoppage time to Adriano. They all walked off the field in tears, utterly inconsolable… so yes, they care.


UPDATE: White House Cites Privilege

June 28, 2007

The White House has refused to comply with a Congressional subpoena relating to the USA Attorney firings.  The President is asserting Executive Privilege, although I am not sure, after Clinton’s failed attempt to do this, how this White House thinks this will be different.

Here’s an interesting question:  does the White House decline the NSA subpoenas issued yesterday as well?  Or do they pick and choose their battles?  Also, any insight into how the White House thinks they can win a claim of Executive Privilege would be appreciated.


Handbags at Dawn…

June 28, 2007

Congress has issued subpoenas to the White House regarding the NSA wiretapping program.  The administration’s attempts to spin this story, first as a leak of crucial information by the New York Times, now as a revenge fantasy of the Democratic party, are looking thinner and thinner as news stories pile up about the role of the Vice President in our government and the revelation from the CIA that this is not exactly the first time we have done these things.

I see the importance of this not as a battle between Republicans and Democrats, but a battle between the Executive and Legislative Branches.   The political actors are seeing it as a battle of party politics, to be sure.  However, as long as the structure of our government is vindicated, it is the entire public that wins, whether some in the public recognize it as such or not.

I also see the importance of this story as relating to the fact that, guilty of wrongdoing or not, the White House will be forced to reveal to the public something that when asked, they are supposed to answer, “What are you hiding?”  Compelling full disclosure from the White House may end up being an agonizingly long process, but regardless of the content, it is a good thing to see happen.


Bong Hits 4 Roberts

June 27, 2007

The recent Supreme Court decisions that have come down trouble me… not quit in the way it troubled the WaPo online chatters, but still troubling nonetheless.  The Court’s ruling on curtailing issue advertisement restrictions and on student speech seem to me, to both be operating on a very fantastic conception of what speech is, and how the communication and holding of ideals and values takes place.  My suspicion is that the way in which speech is excluded and included by the bench has a some modicum of internal consistency, it looks like a collection of rulings very hard to justify based on answering the bigger “why?” context of public interest.   That  we would recognize the authority of a teacher to restrain frivolous speech at a school event is not nonsensical… however, it seems an utterly USELESS privilege to give to teachers when we turn around and bombard the products of our education with astro-turf movements, issue advertising, and the like… playing up wretched stereotypes in their pre-occupied minds, and deliberately distorting public information without oversight.

The fact of the matter is that the Court employs dramatically different standards to when considering when to consider and how much to consider the ENVIRONMENT is which speech takes place as different from CENSORSHIP depending on whether or not the case exists within the borders of the fantasy land in which their is a “free and fair exchange of ideas where truth will out.”  Most fantastic of all about this magical realm is that it needs no maintenance, no guidance, no moments of action and judgment to uphold what is good about it whatsoever to produce optimal results.  Because the conception of such a place is utterly drenched with ideological, stereotypical thought about the relationship between communication and belief as it actually plays out in real life, one has to wonder with dismay, about two critical questions.  First, can anyone articulate a concept of speech that corresponds to reality?  Secondly, and perversely,  is there an audience out there to listen to it?


Ask Not What You’re Country Can Do For You, You Don’t Want to Know

June 27, 2007

It should be no surprise that the CIA has, in the past, spied on people exercising their first amendment rights to protest within the United States, nor should it be surprising that they had in the 1970’s, with the help of the NSA, been listening in on domestic phone calls illegally.  Perhaps in another time we might look at such deeds and thought, “how could they?”  But in our times, the information seems almost tepid.  The story that we used to do such things pales in comparison to the story that we are doing them now.   That the government got away with it then means little since they continue to get away with it at present.  Learning that the Executive Branch has been tyrannical in its foreign and security policies today is like learning from Kruschev that Stalinism wasn’t great.


A Muted Celebration

June 25, 2007

I’m going to post the Feilhaber goal because it’s spectacular.  But this tournament left a terrible taste in my mouth.  Essentially, the United States won the Gold Cup on a dive and a semifinal that was decided on the worst call I’ve ever seen.  All of this is creating the illusion that Bob Bradley is a good choice as National Team manager and that the United States is much better than they are.  Here’s what I think we’ve learned from the Gold Cup:

  1. This is the year of Canada in the region.  U20 World Cup hosts.  The premier of Toronto FC (with sellout crowds and proper match commentary for CBC broadcasts).  And what should have been their second Gold Cup.  We are definitely looking at a four-country region in terms of competitiveness, maybe five if Guadeloupe became a FIFA sanctioned team.
  2. Bob Bradley cannot does not get anything extra out of his players.  He makes bad personel choices, his team takes 15 minute breaks during matches, and it is clear that they are entirely too comfortable playing under him to play hard all of the time.  He is contributing to the insular American fantasy about their team’s abilities rather than rebuilding them after such delusions were proven false last year.  We need to bring someone who has managed and won more at a higher level than Bob Bradley, and we need someone who will rebuild the USA system to compete better.
  3. Pablo Mastroeni and Oguchi Onyewu are just not international level players.  They just are not.  Subbing Clark for Mastroeni completely changed the USA’s ability to keep the ball, and revealed how mediocre Mexico was that once the US had two holding mids with the slightest bit of competence, they had almost no capacity to choke off US attacking chances.
  4. Brian Ching CAN play on the International level.  This guy wins balls and makes something out of nothing in the box, without getting caught trying to do too much a la Clint Dempsey.  He quickly distributes the ball when he has no way to realistically do anything with it on his own, and he has very good positioning in general.  Everyone thinks he shouldn’t play because he’s “Brian McBride lite”  News flash:  Brian McBride isn’t the guy he’s competing with for the job.  Right now, that would be Eddie Johnson and Taylor Twellman.  I have no hesitation over who I favor.
  5. Landon Donovan needs to go to Europe.  I’ve defended Landonon this before, but enough is enough.  How can he glide past Rafa Marquez, as elite a defender as there is in the spor so effortlessly on the edge of the box and also miss THE BALL COMPLETELY when faced with an empty net tap in against Canada?  The answer:  Landon is good enough to start at midfield at a mid-table EPL club right now.  But he is not tested enough to play consistently at his best because he doesn’t have to.  Steve Sidwell just left Reading… Steve Coppell, this would be a perfect fit.  Make it happen.
  6. This is not our “golden team.”  The 2002 WC was a perfect confluence of established vets and young stars.  This is not that team.  Brian Ching, Gooch, Twellman… these are not the “next guys.”  I’m hopeful that two or three of them are about to kick off in Canada next weekend in the U20’s.  The nice thing is that the next group is always right around the corner.

Here’s Benny’s goal:


Must Read

June 25, 2007

“We’re not scaremongering, this is really happening.”  -Radiohead, “Idioteque”

If you have not read Parts One and Two on Vice President Cheney in The Washington Post, it is must read material, perhaps the most important news story of our times.

Before I talk about the article, a conceptual premise: It is an essential feature of free society, though many have forgotten, that the true way to maximize the collective interests of a nation and to maximize the interests of the self is through self-limitation.  The checks and balances of government, the submission to law, the formation of community morals, are all, in the proper dosage, guides that promote our general well-being and  allow us to proceed forward in the environment where we are most likely to use our judgment and less likely to act on passion.  When our passions swallow our judgments whole, we have pursued what we believe to be in our interest all the way to our own demise.  We know this in thought from as far back as Plato’s Republic, and we know it from everyday life when we see the drug addict, the dictator, the party loyalist, and we even see it in ourselves when we do something as simple as say something out of hurt feelings that we do not mean.  A reduction in our capacity to self-limit, in short, is a route that leads to not to unlimited freedom but to tyranny and slavery, to be ruled by that which should not rule alone, either in the state or in the self.

This is what underscores the significance of the reporting on the Vice President’s activities in the White House.  It is clear from the story that the Abu Gharib abuses came from orders initiated knowingly and willingly by the Vice President of the United States, though American soldiers had to do the prison time for it.  It is now clear that when Congress or the Supreme Court has rebuked the White House for a policy that oversteps the bounds of their office, they search for the legalistic loophole to keep doing it anyway, and they do so in total secrecy.

But perhaps most galling of all in the story is the Vice President’s “principled single-mindedness of purpose.”  For all of the principled unwavering that the Vice President does, it is quite noticeable what competing principles he must sacrifice along the way to do so.  He sacrificed his beliefs on how information ought to reach the President of the United States that he told James A. Baker III all the way back in 1980.  He sacrificed the principle of accountability by recently declaring his office beyond the scope of practically any oversight besides the President of the United States.  He had the Military Commissions Act changed so that his own branch of government is the legally prescribed arbiter on what counts as “torture” or not.  He even, in pursuing his principles, abandoned the idea of principle itself.  How else can one explain such patently relativist statements like the one Cheney made “in an interview with ABC’s ‘Nightline’ on Dec. 18, 2005, saying that ‘what shocks the conscience’ is to some extent ‘in the eye of the beholder.’”

And for what higher principle did the Vice President sacrifice al of these competing interests?  Nothing more than the unfettered ability to use the full power at his command to take however many people he chooses from anywhere on the Earth and to do with them whatever he pleases.  He is not a leader of a democratic government, nor is he, as many have indicated, a shadow despot.  He is an agent.  He is our own nightmarish O’Brien, fully confident that the end of power is to use power, unconcerned about restraint in applying the doctrine, happy to engage in torture, eager to convince us all that reality does not exist outside of the party, and all too eager to plow over reality to justify his actions like as Hannah Arendt once wrote about McNamara and the Whiz Kids, “the murderer who says that Mrs. Smith is dead and then goes and kills her.”

There are, as we now know, absolutely no words, no real reasons that can defend such actions by the state, which is why the state has worked so hard to wage a grueling campaign against truth in the combination of assaulting and limiting publicly available information and by attacking the validity that there is even such a thing as reality out there in the first place by constantly redefining the obvious into the contestable.  They have limited the appearances of their political violence, and in so doing, have only to win the battle of abstracts, feeding imaginations that want to hope to believe in their good intentions and praying upon the imagination, hope, and good will of a people who cannot see for themselves.  They have built an empire of dreams for us to believe in, and hopefully now, even this visage has faded.  So much the better.  The experiences we have come to hold as true about an external reality that seems, for all intents and purposes, quite real, has taught us that any state that operates on the principles that this White House believes in, had best be be dreaming, because its application leads unfailingly to despair.


Under No Circumstances Can this be Acceptable

June 22, 2007

It is no longer the  case that we have an Executive Branch that keeps the people, and in particular the majority, who are the true unfettered rulers of the United States, in the dark about a myriad of things that it is doing with our political power.  Now, we are told by our employees, we are not even allowed to know how many things are being kept from us.  The Vice President’s office refuse to comply with an executive order forcing them to report that they possess classified information is important for two different reasons.  First, it allows the people to know roughly how much of the business our government is doing that is not transparent.  Second, it allows us to make sure that we have a complete historical record of our activities in the halls of government so that they may be subject to judgment by future generations so as to steer our nation better towards prosperity and to keep the institutions of our democracy as strong as possible.

To stand against such an obvious and overwhelmingly sensible policy is, at worst, an admission by the Vice President’s office that they care more about how what they have done will effect their image than they do about the welfare of our nation that they have sworn to protect by denying them the ability to learn from the truth.  At worst, it is an indication that this administration has no belief whatsoever in the idea of “power in the people, authority in the state.”   This is a shame because it is only this model that can truly lay claim to the title of democracy.  If the majority were a king, and it had an advisor who constantly worked in secret, acted in secret, carried out the true affairs of the state in secret, and not only kept such affairs secret but in fact kept the existence of the secrets themselves secret, we would no longer call him a defender of the crown, we would call him a usurper.

Amongst democratic peoples, as Tocqueville wrote so eloquently, the majority is what rules, bound together, limited, and because properly limited, empowered by its law.  This administration has repeatedly shown disregard for its laws.  We now no it shows disregard for its rulers as well.


A Pitiful, Helpless Giant

June 22, 2007

Richard Nixon described the United States as a “Pitiful, helpless giant” as a result of the Vietnam War.  After Oguchi Onyewu’s performance in the CONCACAF Gold Cup, he deserves the moniker too.  So also, do tournament favorites Mexico and the United States… never have I seen so incredibly over-talented teams compared to their competition play so poorly night in and night out.

Onyewu was robbed of an assist on the tying goal in injury time last night… and a good thing too, since it was a header he sent directly to a Canadien attacker that was quite incorrectly ruled offside.  The US has the deepest talent pool in its history, has more players with more high-level experience than ever before… and we continue to roll out chances for people that US Soccer is convinced are good in the face of repeated failure to get the job done.  It’s almost as if the Baltimore Orioles Management ran the program, with Eddie Johnson as Jerry Hairston, Pablo Mastroeni as Jay Gibbons, and Jonathan Bornstein as Larry Bigbie.

Yes, Michael Bradley got sent off on a ridiculously stupid challenge… but Michael Bradley is young, and Michael Bradley, even as young player, is only one of two American central midfielders who can distribute the ball.   The other one being Benny Feilhaber, who instantly made the US offense more dynamic as soon as he walked onto the pitch… which he did way too late.

The bottom line is that the US needs someone to manage the club from overseas.  The defense of Bradley is always that “he knows the player pool,” but I think that people in the US know the player pool a little too well.  They aren’t looking at what they have, because they have a very evolved idea of what they think they have… and the two do not line up.  How can Eddie Johnson score 6 goals in two games against MLS clubs, both more talented than anyone the US has played in Gold Cup so far, and look so utterly helpless out there in this tournament?  Why does Kasey Keller look senile on the pitch suddenly?  This team is, as of right now, less than the sum of their parts, which is discouraging because we aren’t using the best parts either.   Here’s my player ratings for the match tonight:  (5=bad;6=average;7=good;8=very good;9=Exceptional;10=Miroslav Klose vs. Saudi Arabia in 2002)

Keller:  5 – what was he doing back there?  Kasey had a very poor match, and no command of the area.

Bocanegra: 5 – gave up too much space on Humes goal… commited atrocious first half foul that he probably should have benn dismissed for.

Onyewu  5 – he was strong in moments, but he makes the big mistake that always hurts you… like passing a ball to the other team inside the 18 with an open net to shoot at… this is a little too much of a liability in my view.

Bornstein 4 – Utterly useless.

Hejduk 6 – scored the goal, but still gives up too many dangerous free kicks from spots on the field that are ONLY dangerous if you give up free kicks.

M Bradley 5 – had an okay game, until the utterly idiotic foul he rightfully was sent off for.

Mastroeni 5 – not an international footballer.  he’s just not.  I’m sorry to the people who like him, he’s a time bomb on the field when it comes to bad fouls and he is totally useless going forward.  Not enough at the level the US is supposed to be playing at.

Dempsey 6 – he was fine.  nothing special though.

Donovan 6 – ditto

Beasley 6 – ditto

Johnson 4 – utterly useless

SUBS:

Feilhaber 6 – made a nice impact

Twellman 6- one a couple of balls in limited minutes

Clark 6 – pretty much a non-entity in limited time.