"...[W]hat is not surrounded by uncertainty cannot be the truth." -- Richard P Feynman ekzept
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Friday, September 29th, 2006

Subject:time for them to go
Time:1:02 am.
Mood: tired.
Daily Kos led me to "Time for Us to Go", a series of editorials by conservatives about why the Republicans should lose Congress in 2006.

if that's how it does play out, i only hope Americans remember how easily misled conservatives were as a group and how they only turned on BushCo when the magnitude of the disaster was indisputable.

Comments: Add Your Own.

Subject:check your limbic brain with the baggage, please
Time:2:09 pm.
Mood: amused.
American Airlines has an apparently new prohibition on kissing on its flights.

yeah, you're flying American Airlines, folks. home of some of the most repressed people on the planet.

(via Cory Doctorow at boingboing.net)

Comments: Read 1 orAdd Your Own.

Subject:Coturnix has seen it before, and he's scared
Time:2:18 pm.
Mood: worried.
Corturnix describes himself as a "a Red-State Serbian Jewish atheist liberal PhD student". his science is great to read.

he's scared. as i am. but the difference is, he's seen it happen before.

the damning thing is that phrase in S.3930.PCS, passed yesterday:
The term `unlawful enemy combatant' means an individual engaged in hostilities against the United States who is not a lawful enemy combatant.
and:
The term `lawful enemy combatant' means an individual who is--

(A) a member of the regular forces of a State party engaged in hostilities against the United States;

(B) a member of a militia, volunteer corps, or organized resistance movement belonging to a State party engaged in such hostilities, which are under responsible command, wear a fixed distinctive sign recognizable at a distance, carry their arms openly, and abide by the law of war; or

(C) a member of a regular armed force who professes allegiance to a government engaged in such hostilities, but not recognized by the United States.
as mentioned earlier, the statute has its applicability restricted to aliens, for now. but, if you are a naturalized American citizen, there are various administrative measures that can be used to strip you of that citizenship and you would then be subject to the statute. someone who is an American citizen because they were born here would need to undergo a trial to have their citizenship stripped, either, for instance, for treason or something as seemingly innocent as refusing to testify before Congress regarding their subversive activities.

update 20060929 1451 EDT: Cosmic Variance has a nice summary of others opinions on the matter, including excerpts from statements read on the Senate floor before the vote.

update 20060929 1503 EDT: there is really interesting legal discussion in the comments to this blog post. i cited it before above and read the main entry, but i skipped the comments. these folks are attorneys, so the language is thick and heavy, but it's really interesting and revealing.

update 20060929 1521 EDT: the same blog has two more entries with comments, one regarding whether or not the Military Commissions Act ("MCA", as it's now called) applies to citizens (the answer there, disturbingly, is yes), and how the MCA eliminates judicial remedies.

update 20060929 2235 EDT: the discussion is raging, particularly among the lawyers. see "Junking Checks and Balances" at FindLaw.com. see its associated commentary thread, 600 messages at last count. see FindLaw's "How The Military Commissions Act of 2006 Threatens Judicial Independence".
Comments: Add Your Own.

Subject:arresting retired members of BushCo on war crimes charges
Time:3:39 pm.
Mood: satisfied.
the discussion at Balkinization regarding Hamdan v Rumsfeld and its mentions of international law and courts suggested to me the following. i could not post it there because i do not have a blogger account.

in particular, i wondered might there be a future scenario where a highly placed U.S. official, say Rumsfeld, passed through a European or even Islamic airport and was held by local authorities on war crimes charges?

that may not be plausible, given the repercussions, but also given how some Europeans feel about this, rightly or wrongly, is seems a reasonable thing to ask.

then consider, supposing the official is no holding office but is a private citizen at some future time, without the overwhelming protections of his or her retinue? might they be seized then?

purely hypothetical, i understand, but interesting to consider. i would say, therefore, that if this MCA statute gets used heavily, after 2008 future members of this BushCo administration might want to be circumspect in their travel plans. federal and state governments have and are threatening to nab executives of Internet gambling firms should they as much pass through U.S. airports. Rummy and Condi might see some European justice down the road. Bush has Secret Service protection, even after his term is over, but it's not that extensive.

Comments: Add Your Own.

Subject:your Republican Congress at work
Time:8:55 pm.
Mood: infuriated.
this is from eog.com:
House and Senate Republicans were working behind the scenes today to attach last-minute provisions to a major maritime security bill, including the court security and online gambling legislation that Republican leaders sought unsuccessfully this week to add to the FY07 defense authorization bill. These lawmakers also indicated it was not likely they would convene another formal conference meeting, preventing Democrats from adding amendments to the final conference agreement on the bill. This prompted outrage among minority lawmakers and staff today.

At least three provisions emerged as late candidates for additions to the bill: beefing up security at the nation's courts, including language allowing judges to carry concealed guns; providing liability protections to phone companies that assist with the government's wiretapping program; and cracking down on the $12 billion online gambling industry, lawmakers and aides said. The court security provision had been tied to a House border security provision targeting immigrant gangs and criminal illegal aliens, but the two have been separated, a knowledgeable aide said. The immigration provision will be held until the lame-duck session after the Nov. 7 elections, the aide added.

House Homeland Security Chairman King declined to comment on the latest negotiations, saying only, "All this is in flux." The port security bill is an attractive target because it is viewed as one of the last legislative vehicles to be passed by Congress before lawmakers head home to campaign. "If I were to bet, we'll finish it up today," said House Homeland Security Economic Security Subcommittee Chairman Daniel Lungren, R-Calif., who co-authored the underlying port bill. "I think we're going to be here late."

At presstime, House leaders still had not circulated final bill language, even though a vote is expected tonight. Democrats and their aides in both chambers were outraged that they might not get to offer amendments at a conference meeting and that they had yet to see the final bill language. One conference meeting was held late Thursday night, but there was no bill language and no amendments were allowed to be offered. "That was all pomp and circumstance last night," said Rep. Bill Pascrell, D-N.J. "And it was less circumstance and more pomp." A House GOP aide countered, "We had every intention of reconvening the conference, it's coming down to the wire." When asked if another conference meeting would be held and amendments allowed, Lungren said, "I don't think that's going to happen."

Democrats were mounting a protest by presstime. "Some of the Democrats that were on the conference committee are in the process of putting together a formal response to Chairman King. It is probably going to go in the form of a letter," one aide said. It was not clear if Democrats might withhold their signatures to the conference report. "It remains to be seen if people are willing to sign off when the process has been so messed up," an aide said. Still, Pascrell acknowledged that most Democrats will probably still vote for the bill, given the importance of improving the security of U.S. ports and commercial shipping.
THIS is democracy??? never mind debate, never mind voting, there's no time for that. it's gonna be done, whether or not the Congress wants it or not, because we, after all, are the Republican leadership backed by an authoritarian President, and we can do any damn fuckin' thing we want, and noone can do anything to stop us.

update 20060929 2314 EDT: see what i mean?
A bill to make 361 seaports safer from biological, chemical or nuclear attacks neared final votes in the House and Senate. Democrats complained it shorted security for railroads and mass transit. Republicans added a measure to restrict Internet gambling.
where did that come from? i'll tell you where: Bill Frist, Senate Majority lead, Republican of Tennessee.

update 20060930 0157 EDT: yup, they did it: they passed a prohibition on money transfers funding Internet gambling, including online poker.

Comments: Read 6 orAdd Your Own.

Subject:ooooh! noodly appendages!
Time:11:48 pm.
BoingBoing recounts some more amazing art from Leopold and Rudolf Blaschka. they worked on invertebrates before being invited to Harvard where they did their famous flowers.

Comments: Add Your Own.

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