Biden Does Political Seriousness

Ken AshfordConstitution, Election 2008, War on Terrorism/TortureLeave a Comment

Sen. Joe Biden, on the GOP’s successful filibuster of legislation restoring habeas corpus for enemy combatants:

“As I’ve said before, the terrorists win when we abandon our civil liberties. The way we win is to show them that we can fight this war without changing our character as a nation. I hope the Senate reconsiders this issue once again.” . . .

“The position urged by the Administration, that we must choose between Constitutional rights and fighting terrorism effectively, is simply wrong. Our strength as a nation, and our status as a world leader, is based in part on the fact that Americans do not choose between national security and liberty; we demand both.”

Right on.

The Jena 6

Ken AshfordRace1 Comment

Bacgkround of the situation so far in this an excellent summary from the L.A. Times:

In December, six black boys jumped a white boy at the high school here and beat him while he lay unconscious.

The victim was taken to the hospital, but he was not gravely hurt. He attended a class ring ceremony later that evening.

The black boys were charged with attempted murder, which threatened to put them in prison for most of their lives. The district attorney alleged they’d used a deadly weapon: their sneakers.

The case of the so-called Jena Six has elicited outrage around the world — not only because of the stiff charges brought against the black teenagers, but because of the stark contrast between the way black boys and white boys in the same town were treated.

The assault was the culmination of months of racial unrest in Jena (pronounced JEE-nuh), a former sawmill town of about 3,000 people in the backwoods of central Louisiana. It started at the beginning of the last school year, when a black freshman at Jena High School asked the vice principal during a school assembly whether he could sit under the “white tree,” a gnarled oak on campus where white students gathered to escape the stifling Southern heat. He was told to sit wherever he wanted.

The following day last September, three hangman’s nooses were dangling from the oak’s branches. Two months later, the school was set on fire.

The three white boys who hung the nooses were identified but not expelled or charged with a hate crime; they were suspended for three days. No one has been charged in the arson.

The charges of attempted murder were later reduced, and the first of the black kids to go to trial was found guilty of aggrivated second-degree battery by an all-white jury (one of whom was a friend of the victim’s father).  That crime would have carried a sentence of up to 22 years.  However, that conviction was recently overturned, in part because the kid was wrongly tried as an adult.

Today there is a massive rally for the Jena 6; the Southern Porverty Law Center warns about expected white supremacist activity there.

One particular web posting, on the white supremacist message board Stormfront.org, came from former Baton Rouge neo-Nazi leader Robert Moore. In the posting, Moore wrote about police security arrangements in Jena and whether weapons would be allowed in certain areas. "Remember, Louisiana is an open-carry state, and your vehicle is an extention [sic] of your home," he wrote. "We also have the right to defend ourselves if attacked.". 

David Bowie has contributed $10,000 for their defense.

And it’s getting political:

* Jesse Jackson criticized Barack Obama for not speaking out more forcefully on the Jena 6:

"If I were a candidate, I’d be all over Jena," Jackson was quoted as saying. "Jena is a defining moment, just like Selma was a defining moment." By not seizing on the issue more, Obama was "acting like he’s white," the paper quoted Jackson as saying. Jackson, who endorsed Obama in March, today denied making that last comment, while The State stood by its reporting. Obama’s campaign, meanwhile, noted that he had made a strong statement on the matter last week, when he called for the district attorney to drop the charges and said, "When nooses are being hung in high schools in the 21st century, it’s a tragedy. It shows that we still have a lot of work to do as a nation to heal our racial tensions."

* Hillary is calling the Jena 6 controversy "a teachable moment"

* Jesse Jackson is attacking Obama for not being vocal enough on the Jena 6, saying that Obama is "acting like he’s white".  Personally, I don’t think that’s a good tack, Jesse.  Maybe that’s why he "backpeddled".

* Edwards calls for "racial justice" for the Jena 6:

"As someone who grew up in the segregated South, I feel a special responsibility to speak out on racial intolerance.  To measure our progress in the fight against racism, today our nation looks to Jena, Louisiana.  Americans of all races are traveling to Jena because they believe that how we respond to the racial tensions in Jena says everything about who we are as a nation."

I find this all slightly ironic, considering that this took place 50 years ago next Tuesday:

Littler

That’s the National Guard escorting nine black kids into Little Rock Central High School (September 25, 1957)

I Don’t Know Why…

Ken AshfordHealth CareLeave a Comment

…but I suddenly feel empowered by this.

UPDATE:  Okay… maybe I should clarify.  This is what did it for me:

One day, they say, male patients may be able to turn to their own testicles as a source of stem cells to repair an ailing heart or kidney or to fix the brain damage caused by Alzheimer’s or Parkinson’s disease.

Ten Games Left

Ken AshfordRed Sox & Other SportsLeave a Comment

…and only 2.5 games in front of the Yankees.  I guess I shouldn’t mind — a wild card spot is a virtual guarantee. 

And I suppose it is more important to have a healthy, well-rested team for the playoffs than it is to force players to play hurt or pushing pitchers (starters, closer) too hard in an all-out attempt to win the AL East.

Nevertheless, it’s frustrating to see our 10 game advantage (from a few weeks ago) dwindle away so slowly.

That said, I’ll settle for 5 out of the last 10.  Just so I know we haven’t lost our edge entirely.

[NOTE: Added a MLB widget to the lefthand column]

Self-Imposed Torture

Ken AshfordYoutubeLeave a Comment

For your viewing pleasure — 238 Miles, a short film about one man’s journey from Iowa City to Chicago.

As an experiment, Steve Delahoyde decided to listen to a single song, on repeat, during the whole trip. The rules: he had to continue listening to the song at all times, he was only allowed to stop for gas or restroom facilities, and he had to document the experience.

What song did he pick? “Dancing Queen” by ABBA.

Oh, dude.

Starting the drive, things seemed fine. Steve nodded his head along with the tune for an hour and a half, then things started going bad. By three hours into the drive, Steve had already broken a rule: he stopped to get lunch, and turned off the song. But sure enough, he started it back up and kept driving. About four hours into his drive*, Steve says: “I find myself really longing for this section when the song ends and when it starts again — there’s about, like, a ten-second gap where there’s no sound, and then there’s that piano part that comes in and ruins everything again. [Song starts.] Right there.”

* The film isn’t that long — it’s only a few minutes.

Two Important Bills

Ken AshfordConstitution, Courts/Law, Iraq, War on Terrorism/TortureLeave a Comment

I’ve sort of noticed that I’m not as political on this blog lately, and I think that is for three reasons.

First of all, there’s the burnout factor.  I mean, when you’ve seen all the outrages by this Adminsitration over the past several years — from Iraq to Katrina — then the smaller outrages (which would have been big ten years ago) just don’t seem worth commenting on.

The second reason is that I’m saving my political juices for the campaign season.

And finally, now that Democrats have some power — at least in Congress — there are steps being taken do un-do some of the political damage done to this country of late.  (Well, maybe not)

Here, for example are two important bills working their way through Congress:

Restoration of Habeas Corpus – Americans support this by a large majority.  Here is contact information to reach your Senators. The current vote whip count is here – we are 9 votes short of a GOP filibuster.

UPDATE:  Well, it was rejected.

Webb Amendment to Support/Protect American Troops – This bill is quite simple — it mandates a requirement that U.S. troops get to spend just as much time at home as they do on the front lines.   None of the extended-and-then-reextended tours of duty stuff.  The anti-troops GOP contingent in the Senate is expected to filibuster this as well.  Here is a Senator contact list. Mark Kleiman lays out a strategy for Democrats that is worth reading given the expected change in the behavior of one of the egregious Senators in Congress, who is thankfully retiring – John Warner (R-VA).

By the way, since I am talking about troop deployment….

Newsweek:

"In endorsing Gen. David Petraeus’s recommendations on Iraq, President George W. Bush said Thursday night that at least 21,500 U.S. combat forces, plus support troops, could leave Iraq and come home by next July. Curiously, the first military unit designated by Petraeus to return is the 13th Marine Expeditionary Unit based at Camp Pendleton in Oceanside, Calif., north of San Diego.

But the 13th MEU, a support unit that has been in Iraq on its current tour for about three months, was already scheduled to return home from Iraq on Nov. 17. Their new date of arrival under the drawdown plan? Still Nov. 17. Other Marine units have been in Iraq as much as three times longer than the 13th MEU, and some active-duty Army soldiers are serving 15-month tours, the longest of the war. Relatives of the 2,000-member 13th MEU, most of whom have known for more than a month that the unit was coming home, are collectively a bit confused by the inclusion of the 13th MEU in the announcement of troop cuts, and some are even angry.

“I think General Petraeus is using normal circumstances and turning them into some kind of big deal,” says Melissa Hurt, 24, wife of a 13th MEU Sgt. Andy Hurt, 24. Originally from Minnesota, the couple has been married for four years and they have a 9-month-old son. “I don’t understand how this can be called a troop reduction since Andy was already scheduled to come home in November and was not scheduled to return to Iraq. There are guys who’ve been in Iraq for more than a year. They should bring them home first. I know my husband agrees with me.” (…)

Retired Army Col. Douglas Macgregor, a defense analyst in Ashburn, Va., who supported the invasion of Iraq and the removal of Saddam Hussein but is critical of the current strategy, shares the skepticism about the troop reduction and why the general chose this particular Marine unit. “It’s deceitful and ultimately destructive to the credibility of the military and the Bush administration,” he says. “To pretend that this plan is a product of some real decision-making by General Petraeus is appalling, and I’m sure the Marines in this unit and their families are not happy about being used.”"

An Open Letter To Paul Anka

Ken AshfordRandom MusingsLeave a Comment

Dear Paul:

Stop it.  For God’s sake, please stop it.

I remember well the summer of 1974 when America endured your musical glee over the fact that some chick was doing homage to you by getting knocked up.  Yes, she wanted you to know that she was "thinking of you", which is why she decided to endure several months of morning sickness, followed by the joys of sleepless nights, potty training, incessant whining, and so on — while you were wiggling your geriatric ass in front of the blue-hairs on the Vegas strip.

But "Having My Baby" was over thirty years ago, and I was just about ready to forgive you your musical trespasses.  When you came out with your album Rock Swings, I actually bought it, rather than vomit.  I thought you were being tongue-in-cheek and having fun with yourself.  I mean, a Las Vegas-y rendition of Smells Like Teen Spirit?

That’s funny, cat.  I mean, I liked it …as a novelty song.  Kinda like when Pat Boone was doing cover songs of Smoke On The Water and songs by Metallica and Judas Priest. 

But you see, when Pat did it, we all knew he was having fun and just screwing around.  We were part of the joke.

But you, Paul — you seem to think this is serious art.  Really, I don’t want to hear your covers of Duran Duran.  I don’t want you to sing Foreigner, and do duets with Bon Jovi.  Okay, we’ll let you sing Both Sides Now, but how can you take one of the great ballads of the 1980’s — Time After Time — and jazz it up for your god-forsaken lounge act at the Sands?

Is this appealing even to your fans?  Look, they just want you to sing Diana and Puppy Love and close with Put Your Head On My Shoulder.  Maybe reminisce about the old days.  Trust me on this, buballa — you’re not going to get "in" with the kids by singing Daniel Powter stuff.

I know what you’re going to say: you don’t want to tread water like Barry Manilow and Rod Stewart, who seem content on doing the old American classics.  Tell you what Paul — how about we let them do the contemporary covers, and you do the Gershwin stuff?  Deal?

Yours,

Ken

Avast, Me Hearties

Ken AshfordRandom Musings1 Comment

Yup, it’s National Talk Like A Pirate Day…. again.

UPDATE:  There is, of course, an online translator — just in case your pirate talk is not up to snuff.

I took a snippet from Heather’s blog about being at "Legally Blonde: The Musical" for the MTV taping and ran it through the Pirate Speak translator:

Arrr, the cast ga’e an amazin’ performance full o’ electric gobbets o’fine gold. They war ob’iously feedin’ off o’ us as the audience cried Bra’o and clapped for minutes at a time after almost e’ery number. It was so thrillin’ t’ be a part o’ an audience that was so intune with the show they war watchin’. I was disappointed that Leslie Kritzer had already left the role o’ Sarna and thar was a new girl playin’ Pilar as well. A pence for an old man o’de sea?

And here’s Miss Emily Maaaarrrrrrk, mateys, o’bloggin’ ’bout Sweeney Todd rehaaaaarrrsals:

Ahoy, i”e de-stressed quite a bit after ha’in’ a talk with Chris, our director. She happened t’ mention t’ me after her class that this part o’ the rehearsal process is always the most frustratin’ t’ her. I let loose on how frustrated Me am about tryin’ t’ memorize this show & how doubtful Me am that it will come together and be anythin’ good. She told me that, o’er the next two weeks, we’d be workin’ the show in chunks. E’ery eve, we’d work about twenty or thirty pages until we got all the way through. Aye, me parrot concurs.

Happy Birthday!!!

Ken AshfordScience & Technology1 Comment

Whose birthday is it?

This guy’s….

🙂

He turns 25 years old tomorrow:

It was a serious contribution to the electronic lexicon. 🙂 Twenty-five years ago, Carnegie Mellon University professor Scott E. Fahlman says, he was the first to use three keystrokes — a colon followed by a hyphen and a parenthesis — as a horizontal "smiley face" in a computer message.

To mark the anniversary Wednesday, Fahlman and his colleagues are starting an annual student contest for innovation in technology-assisted, person-to-person communication. The Smiley Award, sponsored by Yahoo Inc., carries a $500 cash prize.

Language experts say the smiley face and other emotional icons, known as emoticons, have given people a concise way in e-mail and other electronic messages of expressing sentiments that otherwise would be difficult to detect.

Fahlman posted the emoticon in a message to an online electronic bulletin board at 11:44 a.m. on Sept. 19, 1982, during a discussion about the limits of online humor and how to denote comments meant to be taken lightly.

UPDATE:  The original bulletin board* thread in which the "smiley" is proposed is here.

* For the kids: Back in the old days of computing, people conversed online on what was then called "bulletin boards"

About The Juice

Ken AshfordCourts/Law, CrimeLeave a Comment

Well, as you know, O.J. is at it again.  He was arrested Sunday and faces multiple felony charges in an alleged armed robbery of collectors involving the former football great’s sports memorabilia.

Professor Volokh asks (and answers) an interesting question: If O.J. is convicted, can the sentencing judge take into account his past "crime" — the one for which he was acquitted?  Volokh’s answer, which I find pursuasive, is "yes":

But I can say that, if Simpson is convicted, and the judge is making a discretionary sentencing decision about Simpson’s sentence, the federal Constitution would (1) let the judge take into account any past crimes on Simpson’s part, (2) using a preponderance of the evidence standard, (3) even if Simpson had been acquitted of those crimes. This means that a judge could increase the penalty all the way up to the statutory maximum for the crimes of which Simpson is convicted, far beyond what the norm would be for a typical armed robbery, burglary with a firearm, or what have you.

The theory behind modern American sentencing, after all, is that while guilt is about what the defendant did in this case, sentencing may (and should) in part turn on the defendant’s general character. That’s why first offenders are often treated leniently, but people with long criminal history records are punished more harshly.

Moreover, proof beyond a reasonable doubt has never been required at sentencing. Historically, judges could make decisions based on facts that hadn’t been proven in any formal way; certainly facts shown by a preponderance of the evidence suffice. For this very reason, judges could consider alleged past criminal conduct of which the defendant had been acquitted: The acquittal simply shows that the conduct couldn’t be proven beyond a reasonable doubt, and doesn’t preclude proof by a preponderance of the evidence.

Immaculate Conception …Of A Shark?

Ken AshfordGodstuffLeave a Comment

It’s a miracle:

Students at Carl Hayden Community High School were stunned when a baby shark appeared in one of their fish tanks.

More amazing was that the mother shark had been in the tank alone for nearly four years.

How did it happen?

This type of birth is known as parthenogenesis, in which an unfertilized egg develops into a new pup, said Lajvardi, program manager for the Carl Hayden Center for Marine Science.

"The mother’s gene divides in half and recombines with its own collection of genes to create a new individual," Lajvardi said. "Normally, it would recombine with the father’s half of the gene. But because there is no father, the mother provided the other half."