Dispatch From Red America

Ken AshfordCrime1 Comment

Life in NC is a Del Shores play:

NC man shot by his stepfather ends up in same jail

JACKSONVILLE, N.C. – A man who police said was shot by his stepfather ended up in the same jail with him after officers discovered outstanding arrest warrants against the victim. Police told The Daily News of Jacksonville that 37-year-old Richard Hayes shot his stepson Thursday night.

Authorities say 21-year-old Michael Bass was holding a bloody towel to his abdomen when paramedics arrived, saying his stepfather shot him.

Deputies then discovered Bass had for failing to appear in court and took him to jail after he was treated and released from the hospital.

Police said Hayes told investigators he has a bad neck and shot his stepson because he thought Bass wanted to fight him.

The men remain in jail. It's unclear if they have attorneys.

Change I Can Believe In

Ken AshfordCourts/Law, Obama & Administration, War on Terrorism/TortureLeave a Comment

The Office Of Legal Counsel is an important executive position.  The OLC gives legal advice to the president and, by extension, the executive branch.  Among other things, it informs the CIA and the Department of Interior what it judges to be permissible under the laws, and its opinions are binding.

Most people had never heard of the OLC before the Bush Administration.  Then along came John Yoo, Bush's head of the OLC.  Yoo, rather than presenting the law, used the office to find ways to skirt the law*.  His so-called, now infamous, "torture memos" — which gave legal approval to waterboarding and other torture techniques – will go down in history as some of the most awkwardly strained legal reasoning ever put to paper.

Dawn Johnsen, Professor of Law at the Indiana University School of Law, had this to say about Yoo's memos:

"The Torture Opinion is an easy target for criticism, an extreme example of poor lawyering. A strong case can be made that the Opinion does not meet the professional standards that define any transactional attorney's ethical obligations in advising a client."

She added:

"That the President should premise his actions on the administration's best – and not merely plausible – interpretations of the relevant law is a relatively uncontroversial principle, at least as a theoretical matter. (…) Measured by this standard, the Torture Opinion utterly fails."

Johnsen believed not just that the torture memos were badly argued, but that many of the interrogation practices they licensed are in fact illegal:

"The Torture Opinion focuses exclusively on just one statutory prohibition, which could give the impression that interrogations that fall just short of the Opinion's narrow interpretation of torture are not unlawful. In fact, several other laws further prohibit coercive forms of interrogation that would fail to meet even a broad definition of torture. The soldiers who committed the Abu Ghraib abuses, for example, were subject not only to the limits of the federal anti-torture statute, but also to far more extensive restrictions contained in the Uniform Code of Military Justice (UCMJ), most notably prohibitions against cruelty, oppression, or maltreatment of a detainee. The anti-torture statute itself implements a treaty that prohibits "cruel, inhuman and degrading treatment." A final example: Common Article 3 of the Geneva Conventions goes far beyond torture and prohibits "violence to life and person, in particular murder of all kinds, mutilation, cruel treatment and torture," and "outrages upon personal dignity, in particular humiliating and degrading treatment." At the time of the Torture Opinion's issuance, violations of Common Article 3 were punishable war crimes under federal law."

And finally, this is what she had to say on the Bush Administration's (mis)use of the OLC in general:

"The proposition that the President's own legal advisors can provide an effective constraint on unlawful action understandably engenders a high degree of skepticism – especially in light of recent events. One of President Bush's legacies undoubtedly will be the deepening of Americans' cynicism about presidential adherence to the rule of law. The Bush Administration, however, also provides some evidence to the contrary, for example, in the resistance to advice given by the U.S. Department of Justice's Office of Legal Counsel (OLC) regarding torture from lawyers and other advisors elsewhere in the executive branch and later from within OLC itself. Internal checks alone, of course, are insufficient. But we debase our commitment to democracy and justice if we do not view legal advice from within the executive branch as an essential component of efforts to safeguard civil liberties, the constitutional allocation of governmental authority, and the rule of law. We invite failure if we allow our cynicism to excuse presidential abuses as simply expected – in effect relieving Presidents (and those who serve them) of their obligation to take care that the laws be faithfully executed, as the U.S. Constitution commands."

Yes, yes, yes.  Exactly.

Why do I bring this up?  Because Obama has appointed the author of these fine observations, Dawn Johnsen, to the post of Assistant Attorney General for the Office of Legal Counsel.

***********************************

*  Interesting thing about Bush's law-men, John Yoo and John Bolton.  After years of advocating unbridled executive power, they suddenly think that presidential power should be limited, and Congress and the Court should act as a guiding counterbalances. 

Bolton and Yoo believe — get this — the president should have less authority and discretion when it comes to international affairs.

The Constitution's Treaty Clause has long been seen, rightly, as a bulwark against presidential inclinations to lock the United States into unwise foreign commitments. The clause will likely be tested by Barack Obama's administration, as the new president and Secretary of State-designate Hillary Clinton, led by the legal academics in whose circles they have long traveled, contemplate binding down American power and interests in a dense web of treaties and international bureaucracies.

Like past presidents, Mr. Obama will likely be tempted to avoid the requirement that treaties must be approved by two-thirds of the Senate…. By insisting on the proper constitutional process for treaty-making, Republicans can join Mr. Obama in advancing a bipartisan foreign policy. They can also help strike the proper balance between the legislative and executive branches that so many have called for in recent years.

Steve Benen comments:

Reading this, I had to double check to make sure we were talking about the same Bolton and Yoo. After all, John Yoo has spent most of the last eight years arguing that the president has an unfettered power to do as he pleases on the international stage. Indeed, Yoo argued that the president can literally ignore any law he chooses — including the Constitution — if he decides it's in the nation's interests.

But that was then. Now Yoo is worried about executive overreach. Now Yoo wants every letter of the Constitution to be respected and adhered to without exception…

I wonder why the change of position….

ObamaLogo 

Oh, riiight….

Breaking The Species Barrier

Ken AshfordScience & Technology, Sex/Morality/Family ValuesLeave a Comment

Human_Genome Richard Dawkins wonders: We've mapped the entire human genome; we've mapped the entire chimpanzee genome.  We know they are 98% identical (sorry, evolution opponents).  It shouldn't be hard, therefore, to literally create some sort of interspecies.  Another "missing link".  Lucy the Second, not from the archeological ground, but from the laboratory.

It would, he speculates, change the nature of the discussion on abortion.  Pro-lifers insist that a single human cell — the zygote (which preceeds the embryo) – is sacred because it is human.  Therefore, in their view, destroying it is destroying a human which is "murder". 

But what if the zygote is 50% human, 50% chimp?  What about 70/30?  95/5?  99.999/0.001?

It is a thought experiment (although it could be done in reality) which really forces the issue of "what is human".

The Top 500 Worst Passwords

Ken AshfordScience & TechnologyLeave a Comment

The top 500 worst passwords of all time, not considering character case. If you use any of these, you better change it, because a hacker can easily write a program to feed this in and get at your… whatever.

NO Top 1-100 Top 101–200 Top 201–300 Top 301–400 Top 401–500
1 123456 porsche firebird prince rosebud
2 password guitar butter beach jaguar
3 12345678 chelsea united amateur great
4 1234 black turtle 7777777 cool
5 pussy diamond steelers muffin cooper
6 12345 nascar tiffany redsox 1313
7 dragon jackson zxcvbn star scorpio
8 qwerty cameron tomcat testing mountain
9 696969 654321 golf shannon madison
10 mustang computer bond007 murphy 987654
11 letmein amanda bear frank brazil
12 baseball wizard tiger hannah lauren
13 master xxxxxxxx doctor dave japan
14 michael money gateway eagle1 naked
15 football phoenix gators 11111 squirt
16 shadow mickey angel mother stars
17 monkey bailey junior nathan apple
18 abc123 knight thx1138 raiders alexis
19 pass iceman porno steve aaaa
20 fuckme tigers badboy forever bonnie
21 6969 purple debbie angela peaches
22 jordan andrea spider viper jasmine
23 harley horny melissa ou812 kevin
24 ranger dakota booger jake matt
25 iwantu aaaaaa 1212 lovers qwertyui
26 jennifer player flyers suckit danielle
27 hunter sunshine fish gregory beaver
28 fuck morgan porn buddy 4321
29 2000 starwars matrix whatever 4128
30 test boomer teens young runner
31 batman cowboys scooby nicholas swimming
32 trustno1 edward jason lucky dolphin
33 thomas charles walter helpme gordon
34 tigger girls cumshot jackie casper
35 robert booboo boston monica stupid
36 access coffee braves midnight shit
37 love xxxxxx yankee college saturn
38 buster bulldog lover baby gemini
39 1234567 ncc1701 barney cunt apples
40 soccer rabbit victor brian august
41 hockey peanut tucker mark 3333
42 killer john princess startrek canada
43 george johnny mercedes sierra blazer
44 sexy gandalf 5150 leather cumming
45 andrew spanky doggie 232323 hunting
46 charlie winter zzzzzz 4444 kitty
47 superman brandy gunner beavis rainbow
48 asshole compaq horney bigcock 112233
49 fuckyou carlos bubba happy arthur
50 dallas tennis 2112 sophie cream
51 jessica james fred ladies calvin
52 panties mike johnson naughty shaved
53 pepper brandon xxxxx giants surfer
54 1111 fender tits booty samson
55 austin anthony member blonde kelly
56 william blowme boobs fucked paul
57 daniel ferrari donald golden mine
58 golfer cookie bigdaddy 0 king
59 summer chicken bronco fire racing
60 heather maverick penis sandra 5555
61 hammer chicago voyager pookie eagle
62 yankees joseph rangers packers hentai
63 joshua diablo birdie einstein newyork
64 maggie sexsex trouble dolphins little
65 biteme hardcore white 0 redwings
66 enter 666666 topgun chevy smith
67 ashley willie bigtits winston sticky
68 thunder welcome bitches warrior cocacola
69 cowboy chris green sammy animal
70 silver panther super slut broncos
71 richard yamaha qazwsx 8675309 private
72 fucker justin magic zxcvbnm skippy
73 orange banana lakers nipples marvin
74 merlin driver rachel power blondes
75 michelle marine slayer victoria enjoy
76 corvette angels scott asdfgh girl
77 bigdog fishing 2222 vagina apollo
78 cheese david asdf toyota parker
79 matthew maddog video travis qwert
80 121212 hooters london hotdog time
81 patrick wilson 7777 paris sydney
82 martin butthead marlboro rock women
83 freedom dennis srinivas xxxx voodoo
84 ginger fucking internet extreme magnum
85 blowjob captain action redskins juice
86 nicole bigdick carter erotic abgrtyu
87 sparky chester jasper dirty 777777
88 yellow smokey monster ford dreams
89 camaro xavier teresa freddy maxwell
90 secret steven jeremy arsenal music
91 dick viking 11111111 access14 rush2112
92 falcon snoopy bill wolf russia
93 taylor blue crystal nipple scorpion
94 111111 eagles peter iloveyou rebecca
95 131313 winner pussies alex tester
96 123123 samantha cock florida mistress
97 bitch house beer eric phantom
98 hello miller rocket legend billy
99 scooter flower theman movie 6666
100 please jack oliver success albert

From Whatmypass

By the way, I think No. 371 is pretty good.  But apparently, so do did a lot of others.

And what's with the foul language?  Honestly!

Obama Plans Tax Cuts, Contra The West Wing

Ken AshfordEconomy & Jobs & Deficit, Obama Opposition1 Comment

Yeah, I know.  You're happy about this:

President-elect Barack Obama plans to include about $300 billion in tax cuts for workers and businesses in his economic recovery program, advisers said Sunday, as his team seeks to win over Congressional skeptics worried that he was too focused on government spending.

But you shouldn't be.

Listen, your economic problems are (or will be, if it hasn't effected you yet) a direct consequence of the nation's economic problems.  So the best way to help you in the long run is to help the national economy.

There are, in theory, two ways to get the life blood of the economy going.  One is government spending.  The other is tax cuts.

I'm overgeneralizing here, but typically, Democrats prefer government spending; Republicans prefer tax cuts.

The problem with tax cuts — giving money back to the people — is this: doing so doesn't necessarily help the economy.  This is explained, somewhat tongue-in-cheek, by this exchange from The West Wing:

Donna (secretarial assistant), as she and Josh (her boss and Asst. Chief of Staff) walk down a White House hallway: "We have a $32 billion budget surplus for the first time in three decades. The Republicans in Congress want to use this money for tax relief, right?"

Josh: "Yes"

Donna: "Essentially what they're saying is we want to give back the money. Why don't we want to give back the money?"

Josh: "Because we're Democrats."

Donna: "But it's not the government's money."

Josh: "Sure it is. It's right there in our bank accounts."

Donna: "That's only because we collected more money than we ended up needing."

Josh: "Isn't it great?"

Donna: "I want my money back."

Josh: "Sorry."

Later, they pick up the argument:

Donna: "What's wrong with me getting my money back?"

Josh: "You won't spend it right."

Donna: "What do you mean?"

Josh: "Let's say your cut of the surplus is $700. I want to take your money, combine it with everybody else's money, and use it to pay down the debt and further endow Social Security. What do you want to do with it?"

Donna: "Buy a DVD player."

Josh: "See."

Donna: "But my $700 is helping employ the people who manufacture and sell DVD players, not to mention the people who manufacture and sell DVDs. It's the natural evolution of the market economy."

Josh: "The problem is the DVD player you buy might be manufactured in Japan."

Donna: "I'll buy an American one."

Josh: "We don't trust you."

Donna: "Why not?"

Josh: "We're Democrats."

Donna, exasperated: "I want my money back."

Josh, snickering: "You shouldn't have voted for us."

The West Wing touched upon this again the following season.  Here Chief of Staff Leo McGarry is having a discussion with Charlie, President Bartlet's young personal aide.  Charlie has just completed his tax return and finds out that he owes money (he was expecting a refund).  The reason he owes money is because of a tax "rebate" that the government bestowed the prior year — a "rebate" intended to stimulate the economy:

LEO: Did you spend it?

CHARLIE: I paid my VISA bill.

LEO: We would have preferred it if you'd ate in a restaurant or travelled.

CHARLIE: Me too.

LEO: Well, in any event… [puts out his hand]

CHARLIE: What? [Leo starts wiggling his fingers] Oh, what are you – the collector?

PRESIDENT BARTLET [sticking his head in the doorway]: Leo.

LEO [to Barlet]:  He used the rebate to pay off his VISA bill.

CHARLIE: It wasn't a rebate; it was an advance.

BARTLET [to Charlie]:  A trip to Banana Republic would have killed you?

Those exchanges highlight the problem of tax cuts, rebates, etc.  They don't necessarily do what the Republicans hope.  Many people will use their tax cut to pay down their debt and bills, or, plop the money into their savings account, or, if they spend it, it may be on something foreign which doesn't stimulate the national economy (much).

On the other hand, government spending pumps money into the economy, and 100% of it goes there. 

It's not that tax cuts are bad.  Americans paying down their debt, for example, is good.  Even buying foreign products pumps some money into our economy.  But you getting a bigger bang-for-the-buck, economically speaking, with government spending (assuming the money is spent in America).  An infrastructure program (here in the United States, not in Iraq) will benefit American workers, small businesses, and other businesses which thrive off of those workers and businesses.  It is a direct rippling effect.

Everybody knows this — even Republicans — but Republicans are catering to what appeals to individual Americans the most (tax breaks, tax breaks, tax breaks), instead of doing what is necessarily the best, most responsible, thing for the country.  (The reason, a cynic like me would suggest, is because tax breaks will get them elected, which is more important to Republican politicians than doing what is best for the country).

So why Is Obama now proposing tax cuts?  Well, he did promise them in his campaign.  However, these particular tax cuts are beyond what was promised.  These tax cuts are a one-time economic stimulus to get us out the hole we're in.

The problem I'm having is that Obama's two-year economic stimulus package is 40% tax cuts(!) and 60% government spending.  Why is so much of that devoted to tax cuts?

There are probably two reasons to consider.

The first reason, which makes more sense, is that government spending is slow.  We need an economic stimulus now, and there are a finite number of "shovel-ready" projects on which to spend money.  Even if you use some government spanding for aid to the distressed (unempolyment benefits, etc.), it's still not going to give the economy the immediate kickstart which is needed.

But the second reason — the one most of the media is going with (see the blocked quote up top) – is that Obama is trying to placate Republicans so they won't grouse about the government spending.  You know, the whole partisanship thing.  I'm not sure why this is necessary; after all, Obama won.  Democrats won.  We don't have to placate.  (We don't have to be pricks either; there is probably a middle ground).

I'm hoping that the Obama economic team is operating under the first reasoning, and the "playing nice" with the GOP is just their front.  Because if we start trying to please congressional Republicans, we're never going to succeed, and nothing will get done.

UPDATE:  Robert Reich seems to be climbing on board.  That says something good for the plan, I guess.

Who Is This Guy?

Ken AshfordBush & Co.Leave a Comment

A look at George Bush in 2000.  And get your anti-ironic tablets, because what he says here is 100% right.  Unfortunately, it has nothing to do with what he did as President.

Common Writing Mistakes (With My Comments)

Ken AshfordRandom MusingsLeave a Comment

  1. Avoid run-on sentences they are hard to read.   Agree, Not Guilty
  2. Never use no double negatives.  Agree, Not Guilty
  3. Use the semicolon properly, always where it is appropriate; and never where it is not.  Agree, Not Guilty
  4. Reserve the apostrophe for it's proper use and omit it where it is not needed. Partially Agree, Not Guilty
  5. Verbs has to agree with their subjects.   Agree, Not Guilty
  6. No sentence fragments.   Bullshit.
  7. Proofread carefully to see if you any words out.   Agree, Very Guilty
  8. Avoid commas, that are not necessary.  Agree, Guilty
  9. When you reread your work, you will find on rereading that a great deal of repetition can be avoided by rereading and editing.  Agree, Guilty
  10. A writer must not shift your point of view. Agree, Not Guil — oh, look!  A chipmunk!!
  11. Do not overuse exclamation marks!!! (In fact, avoid them whenever possible!!!)   Partially agree, Somewhat guilty
  12. And do not start a sentence with a conjunction.  Disagree, Very Guilty
  13. Place pronouns as closely as possible, especially in long sentences, as of ten or more words, to their antecedents.  Agree, Occasionally Guilty
  14. Hyphenate only between syllables and avoid un-necessary hyphens.   Agree, Not Guilty
  15. Write all adverbial forms correct.  Agree, Not Guilty
  16. Don't use contractions. Depends on Situation, Guilty
  17. Writing carefully, dangling participles must be avoided. Agree, Not Guilty
  18. It is incumbent on us to avoid archaisms. Generally Agree, Not Guilty
  19. If any word is improper at the end of a sentence, a linking verb is. Generally Agree, Generally Not Guilty
  20. Steer clear of incorrect verb forms that have snuck into the language. Agree, Not Guilty
  21. Take the bull by the hand and avoid mixed metaphors.  Generally Disagree, Guilty
  22. Avoid modernisms that sound flaky. Generally Agree, Guilty
  23. Avoid barbarisms: they impact too forcefully. Confused By This So Probably Guilty
  24. Never, ever use repetitive redundancies. Agree, Very Very Guilty
  25. Everyone should be careful to use singular pronouns with singular nouns in their writing.  Agree, Probably Guilty Occasionally
  26. Also, avoid awkward or affected alliteration. Disagree (I love alliteration), But Not Guilty
  27. Do not string a large number of prepositional phrases together unless you are walking through the valley of the shadow of death.  Agree, Rarely Guilty 
  28. Always pick on the the correct idiom.  Agree, Not Guilty
  29. "Avoid overuse of 'quotation' 'marks.'"   Agree, "Occasional" Guilt
  30. Never use more words than are necessary to get your point across: be concise.  Agree, Extremely Guilty
  31. Awayz check you're spelling. (Your spellchecker would only pick up one of the two errors here.)  Agree, Guilty Beyond Belief
  32. Always be avoided by the passive voice.  Generally Agree, Guilty
  33. Every sentence a verb.   Agree, Not Guilty
  34. Last but not least, avoid cliches like the plague: seek viable alternatives.  Disagree, Guilty As Charged

Almost Alanis

Ken AshfordIn PassingLeave a Comment

From Ironic:

An old man turned ninety-eight. He won the lottery and died the next day.

Well, close.  The guy, Donald Peters of Connecticut, was 79, and died the day he bought the tickets:

Peters bought two Connecticut Lottery tickets at a local 7-Eleven store on Nov. 1 as part of a 20-year tradition he shared with his wife Charlotte. Later that day, the 79-year-old retired hat factory worker suffered a fatal heart attack while working in his yard in Danbury.

On Friday, his widow cashed in one of the tickets: a $10 million winner which, in her grief over her husband's death, she had put aside and almost discarded before recently checking the numbers.

I think that falls under the dictionary definition of "bittersweet".

Dramatic License

Ken AshfordHistory, Popular CultureLeave a Comment

Interesting discussions (here and here) over at Mother Jones regarding films depicting historical events.  Just how much liberty with the historical facts will viewers tolerate?  Or does anyone care?

There are a few historical films out now.  Valkyrie for one.  Frost/Nixon for another.  And Milk.

Frost/Nixon is Ron Howard's third historically-based film, having done Apollo 13 and A Beautiful Mind.  I knew there were some inaccuracies in Apollo 13.  Things were condensed, and situations made more "dramatic" than they were.  I didn't mind it too much: I think a little dramatic license is necessary to create, well, drama.  And I wasn't troubled by the liberties taken in A Beautiful Mind, because I knew nothing of the story beforehand.  As for Frost/Nixon, I haven't seen it (I'm seeing the national tour of the play next month), but I suspect it won't stray too far from the truth.

Being a Titanic buff and a JFK assassination buff, I was trepidatious about Titanic and Oliver Stone's JFK.  I was pleasantly surprised by Titanic.  Obviously, the DiCaprio-Winslet characters were fictional, as was their story.  But the facts of the Titanic — its structure, sinking, etc. — were fairly accurate, with the notable exception of Murdock (a real person) wielding a gun at the masses of panicking people, shooting one, and then killing himself.  There were rumors of that happening, but that was largely debunked decades ago.

JFK was problematic for me because it was a conspiracy film.  It's hard to say whether a conspiracy, unsolved today, can be deemed "accurate" when depicted on film.  The main problem with JFK for me, however, was that it tried to touch on various aspects of all the conspiracies, and of course, many of the conspiracies themselves are contradictory.  I mean, they simply can't all be true.

New_Yorker_11_Sept_06_third_page
From The New Yorker on the
5th anniversary of 9/11
More problematic for me is a little-known but excellent film called Man On Wire, which came out this year and won the Sundance Jury Prize for Best Documentary.  One of my favorite films of the tear — check it out if you get the opportunity.  The film chronicles the incredible feat of Philippe Petit, the Frenchman who, in 1974, rigged a wire between the two WTC towers and spent 45 minutes walking between them in a highly illegal act that become beloved by New Yorkers.  Without narration, the film merely relies on interviews of the players involved, including Petit, his girlfriend, and co-conspirators.  

I saw Man On Wire in the theater; I now have the DVD.  And in the DVD extras, there is an interview with Petit apparently conducted after the film was put together.  In one part, he criticizes the film for depicting him as abandoning his girlfriend and close friends shortly after his successful stunt and instant fame and notoriety.  I'm not sure the film really says that, although one could certainly get that implication, I suppose.  

But here now, we're talking about a documentary.  An award-winning documentary at that.  And the issue of there being dramatic license taken by a filmmaker there – in a documentary – well, that doesn't quite seem that right to me.

On the other hand, since this movie relies on past recollections by the participants in the "crime", perhaps the "historical truth" is gray and subjective.  And the documentary is not "wrong" in presenting subjective viewpoints.  After all, Petit was not the only one on the inside at the time, and his post-film griping might be a reflection of his subjective view of history, rather than the objective truth.  Perhaps, about some things, there is no objective truth.

Still, I do have some concern that people may see some of these "historical" films and that becomes the "new" history of events that happened, despite the fact that many of these films give the disclaimer that "dramatic events have been added, characters have been composited, etc."  I wonder if that's a good thing when historical drama creates such misinformation.