The Attorney Firing Scandal In A Nutshell

Ken AshfordAttorney FiringsLeave a Comment

Nice summary by Marty Lederman:

1. There is little, if any, reliable evidence of any serious problem of voter fraud in the United States.

2. After the 2000 election, if not before, Karl Rove and other Republican operatives decided that Republican political prospects would be immeasurably improved if they would only repeat, as often as possible, the unsupported claim that voter fraud is rampant, and take substantial steps to stem such nonexistent voter "fraud" — all in an attempt to suppress Democratic votes.

3. The bogus claim of a "voter fraud" crisis has been successfully invoked in many states to withstand initiatives to ease voter registration and, even more prominently, to justify unneeded and damaging "Voter ID" legislation. All of which has the effect of suppressing votes, primarily of Democratic constituencies, while doing very little, if anything, to protect against any actual voter fraud. (See, e.g., the links in the middle of this post to the New York Times, Bob Bauer, hilzoy, Rick Hasen and publius.)

4. Karl Rove and others went further: They decided to use the levers of federal governmental power — the prosecution power, in particular — to go after nonexistent voter fraud, and thereby to further suppress voter turn-out in closely contested elections, all in order to enhance Republican electoral prospects. (Simultaneously, other sorts of decisions at DOJ (e.g., pursuant to the Voting Rights Act) were also substantially influenced by partisan electoral considerations.)

5. Until this Administration, White House officials such as Rove would not have been permitted to contact persons in the Justice Department in connection with prosecutorial decisions. But those rules were rescinded by the Bush Justice Department.

6. Rove and other White House officials urged DOJ to bring "voter fraud" prosecutions in many contested states and districts — and even to do so close to the date of elections, contrary to longstanding DOJ policies.

7. Some U.S. Attorneys — loyal Republicans all — after concluding that there was, after all, no basis in fact for bringing such prosecutions, especially not so close to elections, when such prosecutions could have an unwarranted impact on election outcomes, understandably declined to prosecute.

8. The President unceremoniously removed many of those U.S. Attorneys — not because anyone at DOJ thought they were doing a bad job (everyone of note in DOJ has disclaimed responsibility for having identified these officials for removal), but instead because Rove and his operatives in the White House were frustrated at the prosecutors’ unwillingness to bring unwarranted voter-fraud prosecutions. (Other U.S. Attorneys were cashiered for analogous partisan electorial reasons, such as their refusal to bring charges against local Democratic officials, or their peristence in investigating Republican officials.)

9. In order to further ensure that the White House has much greater, unfettered, influence over the machinations of the criminal justice system, the Attorney General determined that personnel decisions at DOJ would no longer be subject to the institutional and professional screens that had long been in place, but would instead be delegated almost entirely to undistinguished, inexperienced young attorneys whose only qualification for being assigned that important responsibility was that they were loyal Republican foot soldiers, unequivocally responsive to the direction of Rove, et al.

10. The attempts by government officials to bring pressure on U.S. Attorneys to bring prosecutions — or to forego ongoing investigations — for partisan electoral objectives may well have constituted criminal violations of 18 U.S.C. 1505 ("Whoever corruptly . . . influences, obstructs, or impedes or endeavors to influence, obstruct, or impede the due and proper administration of the law under which any pending proceeding is being had before any department or agency of the United States, . . . Shall be fined under this title, imprisoned not more than 5 years"); and/or 18 U.S.C. 1512(c)(2) ("Whoever corruptly . . . obstructs, influences, or impedes any official proceeding, or attempts to do so, shall be fined under this title or imprisoned not more than 20 years, or both.").

At the very least — and more significantly — such efforts constituted a breach of the President’s constitutional obligation to "take Care that the Laws be faithfully executed."

* * * *

For the most part, the media have understandably been focused thus far on Point No. 8. But the real heart of the scandal — the much more important long-term outrage — is Point No. 4, the abuse of governmental authority for partisan ends.

RELATED:  Gonzales’s Harvard Law School classmates write him a letter.  Heh.

Death Of A Son

Ken AshfordIraqLeave a Comment

Boston University professor Andrew Bacevich is the Director of that university’s Center For Internaional Relations.  A Vietnam vet, Bacevich is also an outspoken war critic, and author of the critically-acclaimed book, The New American Militarism: How Americans are Seduced by War.

Here’s what he wrote in a Washington Post editorial in August 2005:

In fact, apart from consuming $300 billion and many thousands of lives (including more than 1,850 U.S. soldiers), the attempt to tutor Iraqis on their journey to American-style freedom has yielded results quite opposite from those intended: Rather than producing security, our continued massive military presence has helped fuel continuing violence. Rather than producing liberal democracy, our meddling in Iraqi politics has exacerbated political dysfunction. And by signaling the importance that it attributes to satisfying the core interests of Sunnis, Shiites and Kurds alike, Washington has encouraged all three factions to increase their demands. Convinced that the Americans will never permit a cataclysmic collision, each faction is committed to playing a high-stakes game of chicken. If Iraq in August 2005 qualifies as the political equivalent of a clapped-out, self-abusing dependent, then the Bush administration ought to be recognized as being an enabler.

Wisdom requires that the Bush administration call an end to its misbegotten crusade. While avoiding the appearance of an ignominious dash for the exits, but with all due speed, the United States needs to liquidate its presence in Iraq, placing the onus on Iraqis to decide their fate and creating the space for other regional powers to assist in brokering a political settlement. We’ve done all that we can do.

***

For Bush personally, the consequences of leaving Iraq might be the most painful. The prospect of looking antiwar protester Cindy Sheehan in the eye to explain exactly what her son died for will become even more daunting. But as it is, the president can’t dodge that question indefinitely. Postponing the issue simply swells the ranks of those with similar questions to ask.

Professor Bachevich joined those "ranks" of grieving parents: his son, 1st Lt. Andrew J. Bacevich, 27, of Walpole, Mass., died May 13 in Balad, Iraq, of wounds suffered when an improvised explosive device detonated near his unit during combat patrol operations in Salah Ad Din Province, Iraq.

Tony Nominees Announced

Ken AshfordPopular CultureLeave a Comment

"Spring Awakening," the Duncan Sheik-Steven Sater rock musical about the sexual longing of 19th century German teenagers, received a leading 11 Tony nominations on Tuesday.

"The Coast of Utopia," Tom Stoppard’s epic trilogy about 19th-century Russian intellectuals, and "Grey Gardens," a musical look at two of Jacqueline Kennedy Onassis’ more eccentric relatives, each garnered 10 nominations.

"Curtains," a backstage whodunit set during a theatrical tryout in Boston, got eight.

Lg_tonys2007_posterFull list:

Best Play
The Coast of Utopia
Frost/Nixon
The Little Dog Laughed
Radio Golf

Best Musical
Curtains
Grey Gardens
Mary Poppins
Spring Awakening

Best Book of a Musical
Curtains, Rupert Holmes & Peter Stone
Grey Gardens, Doug Wright
Legally Blonde The Musical, Heather Hach
Spring Awakening, Steven Sater

Best Original Score
Curtains
Music: John Kander
Lyrics: Fred Ebb, John Kander & Rupert Holmes

Grey Gardens
Music: Scott Frankel
Lyrics: Michael Korie

Spring_01aLegally Blonde The Musical
Music & Lyrics: Laurence O’Keefe and Nell Benjamin

Spring Awakening
Music: Duncan Sheik
Lyrics: Steven Sater

Best Revival of a Play
Inherit the Wind
Jouney’s End
Talk Radio
Translations

Best Revival of a Musical
The Apple Tree
A Chorus Line
Company
110 in the Shade

Best Special Theatrical Event
Jay Johnson: The Two and Only
Kiki & Herb Alive on Broadway

Best Performance By a Leading Actor in a Play
Boyd Gaines, Journey’s End
Frank Langella, Frost/Nixon
Brían F. O’Byrne, The Coast of Utopia
Christopher Plummer, Inherit the Wind
Liev Schreiber, Talk Radio

Best Performance By a Leading Actress in a Play
Eve Best, A Moon for the Misbegotten
Swoozie Kurtz, Heartbreak House
Angela Lansbury, Deuce
Vanessa Redgrave, The Year of Magical Thinking
Julie White, The Little Dog Laughed

3cf939dcc3734a93939d5ab1e36606dbBest Performance By a Leading Actor in a Musical
Michael Cerveris, LoveMusik
Raúl Esparza, Company
Jonathan Groff, Spring Awakening
Gavin Lee, Mary Poppins
David Hyde Pierce, Curtains

Best Performance By a Leading Actress in a Musical
Laura Bell Bundy, Legally Blonde The Musical
Christine Ebersole, Grey Gardens
Audra McDonald, 110 in the Shade
Debra Monk, Curtains
Donna Murphy, LoveMusik

Best Performance By a Featured Actor in a Play
Anthony Chisholm, Radio Golf
Billy Crudup, The Coast of Utopia
Ethan Hawke, The Coast of Utopia
John Earl Jelks, Radio Golf
Stark Sands, Journey’s End

Best Performance By a Featured Actress in a Play
Jennifer Ehle, The Coast of Utopia
Xanthe Elbrick, Coram Boy
Dana Ivey, Butley
Jan Maxwell, Coram Boy
Martha Plimpton, The Coast of Utopia

Best Performance By a Featured Actor in a Musical
Brooks Ashmanskas, Martin Short: Fame Becomes Me
Christian Borle, Legally Blonde The Musical
John Cullum, 110 in the Shade
John Gallagher, Jr., Spring Awakening
David Pittu, LoveMusik

Best Performance By a Featured Actress in a Musical
Charlotte d’Amboise, A Chorus Line
Rebecca Luker, Mary Poppins
Curtains Orfeh, Legally Blonde The Musical
Mary Louise Wilson, Grey Gardens
Karen Ziemba, Curtains

Best Direction of a Play
Michael Grandage, Frost/Nixon
David Grindley, Journey’s End
Jack O’Brien, The Coast of Utopia
Melly Still, Coram Boy

Best Direction of a Musical
John Doyle, Company
Scott Ellis, Curtains
Michael Greif, Grey Gardens
Michael Mayer, Spring Awakening

Best Choreography
Rob Ashford, Curtains
Matthew Bourne and Stephen Mear, Mary Poppins
Bill T. Jones, Spring Awakening
Jerry Mitchell, Legally Blonde The Musical

Best Orchestrations
Bruce Coughlin, Grey Gardens
Duncan Sheik, Spring Awakening
Jonathan Tunick, LoveMusik
Jonathan Tunick, 110 in the Shade

Best Scenic Design of a Play
Bob Crowley & Scott Pask, The Coast of Utopia
Jonathan Fensom, Journey’s End
David Gallo, Radio Golf
Ti Green and Melly Still, Coram Boy

Best Scenic Design of a Musical
Bob Crowley, Mary Poppins
Christine Jones, Spring Awakening
Anna Louizos, High Fidelity
Allen Moyer, Grey Gardens

Best Costume Design of a Play
Ti Green and Melly Still, Coram Boy
Jane Greenwood, Heartbreak House
Santo Loquasto, Inherit the Wind
Catherine Zuber, The Coast of Utopia

Best Costume Design of a Musical
Gregg Barnes, Legally Blonde The Musical
Bob Crowley, Mary Poppins
Susan Hilferty, Spring Awakening
William Ivey Long, Grey Gardens

Best Lighting Design of a Play
Paule Constable, Coram Boy
Brian MacDevitt, Inherit the Wind
Brian MacDevitt, Kenneth Posner, and Natasha Katz, The Coast of Utopia
Jason Taylor, Journey’s End

Best Lighting Design of a Musical
Kevin Adams, Spring Awakening
Christopher Akerlind, 110 in the Shade
Howard Harrison, Mary Poppins
Peter Kaczorowski, Grey Gardens

Regional Theatre Tony Award
Alliance Theatre, Atlanta, GA

The number of nominations each show received follows:
Spring Awakening – 11
The Coast of Utopia – 10
Grey Gardens – 10
Curtains – 8
Legally Blonde The Musical – 7
Mary Poppins – 7
Coram Boy – 6
Journey’s End – 6
110 in the Shade – 5
Inherit the Wind – 4
LoveMusik – 4
Radio Golf – 4
Company – 3
Frost/Nixon – 3
A Chorus Line – 2
Heartbreak House – 2
The Little Dog Laughed – 2
Talk Radio – 2
The Apple Tree – 1
Butley – 1
Deuce – 1
High Fidelity – 1
Jay Johnson: The Two and Only! – 1
Kiki and Herb Alive on Broadway – 1
Martin Short: Fame Becomes Me – 1
A Moon for the Misbegotten – 1
Translations – 1
The Year of Magical Thinking – 1

The 61st Annual Antoinette Perry "Tony" Awards — saluting the best of the Broadway theatre season — will be presented June 10 at Radio City Music Hall.

Playbill adds:

Notable omissions include Tony Award winner Kristin Chenoweth, who did not receive a Best Leading Actress in a Musical nomination for her acclaimed performance in The Apple Tree; stage veteran Marian Seldes, who failed to receive a nomination for her work in Deuce, although her co-star Angela Lansbury did; multiple Tony winner Harold Prince, who was not nominated for his direction of LoveMusik; Academy Award winner Kevin Spacey, who did not receive a nomination for his performance in A Moon for the Misbegotten; and the exclusion of Legally Blonde from the Best Musical category.

May Ain’t October, BUT….

Ken AshfordRed Sox & Other SportsLeave a Comment

I’m loathe to write about the Red Sox, because I have a feeling that the second I do, they’ll start sucking.

But I gotta say… I’m liking what’s happening. 

Mother’s Day?  Down 5-0 in the bottom of the ninth …and they come back to win

Yesterday?  Dice-K becomes the first Bosox rookie since 1994 to throw a complete game, trouncing Detroit 7-1?

Beckett, Dice-K, and Schilling dominating the mound?  And everybody hitting from the plate?

A 26-11 record for the season?  8.5 games in front of the Yankees (thanks in part to the sweep a few weeks ago)?

Yes, I know.  It’s a long season, and the Red Sox are notorious for starting off with a bang, and then slowly getting injured.  And choking at the last moment.  But at this point in 2004 (when they won the pennant and World Series), they were 5 games over .500.  Now they are 15.

So I like the feel of this.

Outer Circle Critics Awards

Ken AshfordPopular CultureLeave a Comment

Winners (underlined) were announced last night.  Predicatbly, Stoppard’s The Coast of Utopia walked away with the most honors for a straight play, and Spring Awakening had the most awards for a musical.  More from Playbill

(BTW – Tony nominations are announced tomorrow….)

John Gassner Playwriting Award
Foote, Daisy Bhutan
Glaudini, Bob Jack Goes Boating
Norris, Bruce The Pain and the Itch
Sun, Nilaja No Child . . .

Outstanding Actor in a Musical
Cerveris, Michael LoveMusik
Esparza, Raul Company
Lee, Gavin Mary Poppins
Pierce, David Hyde Curtains

Outstanding Actor in a Play
Langella, Frank Frost/Nixon
O’Byrne, Brian F. The Coast of Utopia
Plummer, Christopher Inherit the Wind
Schreiber, Liev Talk Radio

Outstanding Actress in a Musical
Brown, Ashley Mary Poppins
Chenoweth, Kristin The Apple Tree
McDonald, Audra 110 in the Shade
Murphy, Donna LoveMusik

Outstanding Actress in a Play
Best, Eve A Moon for the Misbegotten
Ehle, Jennifer The Coast of Utopia
Gugino, Carla Suddenly Last Summer
Pill, Allison Blackbird

Outstanding Choreography
Ashford, Rob Curtains
Blankenbuehler, Andy In the Heights
Bourne, Matthew & Mear, Stephen Mary Poppins
Leavy, Carol Joyce & Graciela, Daniele The Pirate Queen

Outstanding Costume Design
Crowley, Bob Mary Poppins
Dolan, Judith LoveMusik
Pakledinaz, Martin The Pirate Queen
Zuber, Catherine The Coast of Utopia

Outstanding Director of a Musical
Doyle, John Company
Eyre, Richard & Bourne, Matthew Mary Poppins
Kail, Thomas In the Heights
Mayer, Michael Spring Awakening

Outstanding Director of a Play
Grandage, Michael Frost/Nixon
Grindley, David Journey’s End
O’Brien, Jack The Coast of Utopia
Still, Melly Coram Boy

Outstanding Featured Actor in a Musical
Danieley, Jason Curtains
Jenkins, Daniel Mary Poppins
Pittu, David LoveMusik
Steggert, Bobby 110 in the Shade

Outstanding Featured Actor in a Play
Crudup, Billy The Coast of Utopia
Gaines, Boyd Journey’s End
Greenspan, David Some Men
Kunken, Stephen Frost/Nixon

Outstanding Featured Actress in a Musical
d’Amboise, Charlotte A Chorus Line
Luker, Rebecca Mary Poppins
Orfeh Legally Blonde
Ziemba, Karen Curtains

Outstanding Featured Actress in a Play
Bartlett, Robin Prelude to a Kiss
Clayburgh, Jill The Clean House
Plimpton, Martha The Coast of Utopia
Rabe, Lily Heartbreak House

Outstanding Lighting Design
Austin, Neil Frost/Nixon
Constable, Paule Coram Boy
Howard Harrison Mary Poppins
MacDevitt, Brian/Posner, Kenneth/Katz, Natasha The Coast of Utopia

Outstanding New Broadway Musical
Curtains
LoveMusik
Mary Poppins
Spring Awakening

Outstanding New Broadway Play
Coast of Utopia, The
Coram Boy
Frost/Nixon
Radio Golf

Outstanding New Off-Broadway Play
Exits and Entrances
Indian Blood
Pain and the Itch, The
Scene, The

Outstanding New Score
Curtains
In the Heights
Mary Poppins
Spring Awakening

Outstanding Off-Broadway Musical
Evil Dead The Musical
Floyd and Clea
Gutenberg! The Musical!
In the Heights

Outstanding Revival of a Musical
110 in the Shade
Apple Tree, The
Chorus Line, A
Company

Outstanding Revival of a Play
Inherit the Wind
Journey’s End
Talk Radio
Voysey Inheritance, The

Outstanding Set Design
Crowley, Bob Mary Poppins
Crowley, Bob & Pask, Scott The Coast of Utopia
Green, Ti & Still, Melly Coram Boy
McLane, Derek The Voysey Inheritance

Outstanding Solo Performance
Beaty, Daniel Emergence-See
Harris, Ed Wrecks
Johnson, Jay The Two and Only
Sun, Nilaja No Child . . .

Junior’s Got A Gun

Ken AshfordGun Control2 Comments

BabygunAwww.  How cuuuuute!

In Illinois, you’re never too young to own a gun.

That’s what one father found out, when he registered his 10-month-old son for a Firearm Owner’s Identification Card.

Daily Southtown columnist Howard Ludwig registered his son —- Howard David Ludwig, nicknamed "Bubba" — online after the child’s grandfather bought him a gun shortly after the baby’s birth. Ludwig chronicled the road to gun ownership in a story that appeared in the Southtown on Sunday.

"Anyone who wants to own a firearm or purchase a firearm needs a FOID card," Ludwig told FOX News. "I applied for one of these for my son. Now ironically he can’t buy a gun until he’s 18 years old, but if he wants to own one — which he does thanks to Grandpa — he needs one of these cards anyhow."

The ID card, complete with a photo of the tot, allows the child to own a firearm and ammunition, and legally transport an unloaded weapon, even though Bubba has yet to learn how to walk.

It is the father’s wish that his son attend Virginia Tech in 18 years.

eHarmony or eDiscrimination?

Ken AshfordSex/Morality/Family ValuesLeave a Comment

Ph2007051201353I didn’t know this: over one million applicants have been rejected by eHarmony, the wildly popular online matchmaking service which boasts over 13 million members.

That’s the claim of one of eHarmony’s upstart rivals, Chemistry.com.  And its a claim which has eHarmony’s feathers all a-ruffled.

Of course, eHarmony does not deny that it routinely rejects applicants.  For example, it rejects married people, as well as underage (i.e., under 21) people.

But eHarmony also rejects gay people and people who are under 60 who have been married four-or-more times.  Their argument is that they lack data to match compatability for these groups and it is not, they want you to know, due to discrimination.

Pandagon, however, reminds us that the founder of eHarmony is a friend of James "Focus On The Family" Dobson, who is certainly no friend of the gay community. 

Other people note that they get rejected simply because they are not (according to the test) happy enough.  That must be a real bummer.  For myself, I can’t speak with any authority on eHarmony or any of those services, since I avoid them like the plague.  But I hear good things…

In any event, read about the controversy here.

Newman!!

Ken AshfordPersonalLeave a Comment

http://www.myheritage.com

My Heritage face recognition/celebrity matchup site has been updated with more celebrities, and (perhaps) a better face recognition algorithm (you also have to register). 

They also have a nice way to transfer the results to your website or blog (as you can see).

I wrote about this site almost a year ago

Back then, it informed me that I most resembled an actor named Paul Walker, who I never heard of.

Running the same photo (the one on this website’s banner), I get different results than before. 

Anyway, if you’re interested in finding out about your celebrity look-alike, go here.

UPDATE:  Against my better judgment, I’m adding this to my sidebar at the left — until I get depressed and/or tired of looking at it and/or I can find a better picture of me to run through the My heritage matrix.

Does such a picture exist?

Ugh.

Best. Book. Title. Ever.

Ken AshfordRandom MusingsLeave a Comment

20070415_20

Available at Amazon.

And yes, it’s for real.  From a customer review:

The five sections explain all you’ll need to know to about classifying carts, section two lists Class A: False Strays, Types 1-11 and section three Class B: True Strays, Types 1-22. Each type gets a page with a cool photo and details about what to look for. The longest section is four, titled Selected Specimens, with more than three hundred photos of battered and dead carts in the environment, I think the ones in snow look best and they are categorized according to either Class A or B. It won’t surprise you to know that the author toiled for six years creating all this.

The design and printing of the book is fine and the author takes a pretty good cart photo. The only thing missing, I thought, was some reference to their manufactures, there can’t be too many and they most likely all have unique features. This would certainly have added to the thrill of spotting a Class B, Type 11 (train damaged cart) made by A N Other Inc.

Dumb

Ken AshfordEducationLeave a Comment

Very very dumb:

During the last night of the trip, staff members convinced the 69 students that there was a gunman on the loose. They were told to lie on the floor or hide underneath tables and stay quiet. A teacher, disguised in a hooded sweat shirt, even pulled on a locked door.

After the lights went out, about 20 kids started to cry, 11-year-old Shay Naylor said.

"I was like, ‘Oh My God,’ " she said. "At first I thought I was going to die. We flipped out."

“The Office” Liability Exposure

Ken AshfordPopular CultureLeave a Comment

AngelaClever website alert: This blog, That’s What She Said, looks at each episode of "The Office", summarizes the plot, and determines the extent of Dunder Mifflin’s liability exposure.  An example:

Sexual Harassment

LITIGATION VALUE: Over $700,000

It would be pretty safe to say that any time a company’s regional manager asks a female employee to act out a lesbian love scene during its anti-harassment training you have problems. Expensive problems. Not only does the company face liability for Michael’s actions in contributing to the hostile working environment but his treatment of and attitude towards the seriousness of sexual harassment claims could jeopardize the company’s ability to defend itself in the future.

One of an employer’s primary defenses to a sexual harassment claim is that it took reasonable care to prevent and correct any sexually harassing behavior and that the employee unreasonably failed to take advantage of the employer’s policy. To prove this, a company must show, among other things, that it has a sexual harassment policy and that it provides training to its employees on that policy – just like Dundler Mifflin’s corporate office was trying to do before Michael got involved.

Funny and legally correct.