Wednesday, January 26, 2011

By skipping Obama speech, justices bring politics to court

THE DECISION by Supreme Court justices Antonin Scalia, Samuel Alito, and Clarence Thomas to skip President Obama’s State of the Union address has been widely interpreted as payback for Obama’s criticism of the court in last year’s speech. If so, it’s one more step in a worrisome politicization of the court.

The Supreme Court is the guardian of its own integrity. That means staying above politics and maintaining an air of dispassionate consideration of constitutional issues. The court is not an elected body, and shouldn’t function like one. This is especially important because, unlike with an elected body, there are few external constraints on the justices: They set their own rules, and the need for comity on the court largely prevents them from policing each other. Their shared commitment to maintaining judicial decorum is all that binds them.

But that commitment has been fraying. Scalia has made himself an evangelical force in conservative legal circles, and regularly delivers pep talks to the right-wing Federalist Society. His decision to address an event earlier this week organized by GOP Representative Michele Bachmann’s Tea Party Caucus was fairly typical. Though Bachmann sought to defuse tension by inviting some Democrats to the closed-door event, Scalia’s decision to attend, and refusal to back out, further establishes him as a man in the arena, a politico, and serves to put quotation marks around his judicial opinions.

There have been parallel lapses by other justices, principally Ruth Bader Ginsburg, whose decision to allow the NOW Legal Defense and Education Fund to name a lectureship for her, and then to attend the lecture, was unwise. She risked conflating her judicial finding of abortion rights as a matter of constitutional law with the political fights waged by pro-choice advocacy groups. Such an suggestion — even if implicit — is damaging to the court: It suggests that what goes on in judicial chambers is akin to what happens in the voting booth.

Now, the court’s three most conservative justices, all Republican appointees, have chosen to skip the State of the Union address of a Democratic president. Obama is in no position to complain, because his scolding of the court last year over its campaign-finance decision was rude and self-serving. He, too, deserves some blame for politicizing the court. But he’s a politician. The justices may claim, as some have suggested, that skipping the State of the Union is a way of demonstrating their independence, but it isn’t. Showing up isn’t a political gesture; boycotting it is. Chief Justice John Roberts, who had wavered about attending, seems to have realized this and agreed to lead the court contingent. He deserves credit for putting the court’s reputation ahead of his own sense of pique.

After failure of Robert Bork’s Supreme Court bid in 1987, confirmation hearings grew increasingly anguished and may have served to politicize the justices who survived them; having been branded and labeled throughout the confirmation process they perversely choose to advertise their politics on the court — as if snubbing their noses at their critics.

But the nation is best served by a Supreme Court it can trust to be a source of independent judicial review. When justices advertise their politics, even through indirect gestures like skipping speeches, they undermine their position. They should show better judgment.

Monday, January 17, 2011

Cheney: Obama has learned that Bush policies were right

President Obama has “learned from experience” that some of the Bush administration’s decisions on terrorism issues were necessary, according to former Vice President Dick Cheney.

In his first interview since undergoing major heart surgery last July, Cheney said he thinks Obama has been forced to rethink some of his national security positions now that he sits in the Oval Office.

"I think he's learned that what we did was far more appropriate than he ever gave us credit for while he was a candidate. So I think he's learned from experience. And part of that experience was the Democrats having a terrible showing last election."

Cheney also asserted that Obama has learned that the prison at Guantanamo Bay simply cannot be closed, despite the promises he made while campaigning for the White House.

"I think he's learned that he's not going to be able to close Guantanamo," Cheney said. "That it's — if you didn't have it, you'd have to create one like that. You've got to have some place to put terrorists who are combatants who are bound and determined to try to kill Americans."

Cheney made the comments about Obama in an interview that is set to air Tuesday on NBC’s “Today.” The interview was Cheney's first since before he underwent heart surgery in July. Doctors introduced a device into his heart that pumps blood from the ventricle chamber to his aorta.

The former vice president cited the Obama administration’s expanded use of drones in Pakistan as more evidence of continuity from the policies of the Bush White House.

"As I say, I think he's found it necessary to be more sympathetic to the kinds of things we did," Cheney said. "They've gotten active, for example, with the drone program, using Predator and the Reaper to launch strikes against identified terrorist targets in the various places in the world."

Cheney also weighed in during the interview on the Arizona shooting that left six people dead and injured 13, including Rep. Gabrielle Giffords (D-Ariz.). Cheney was cautious about what role heated political rhetoric played in the shooting.

"I think the event was caused by a deranged individual. And — that's where we ought to look in terms of trying to assess guilt," Cheney said.

But Cheney also said that it was important not to squelch spirited political debate in the shooting’s aftermath.

"I don't think we should anticipate that we can somehow take a system that was designed for political combat, if you will, between the parties, between ideas, between principles and set that aside. I wouldn't want to do that," Cheney said. "That's the heart and soul of our political system. And that's basically a good thing."

Cheney also confirmed an account from President George W. Bush's recently released memoir, “Decision Points,” that he had offered to resign multiple times during his administration.

"I didn't wanna stand in the way if, in fact, that kind of decision would enhance the president's prospects of winning reelection in 2004 when he was up against John Kerry," Cheney said. "And I thought he ought to have the freedom to change anybody he wanted, including me."

Sunday, January 9, 2011

Obama Officials Use Fox News to Smear Conservative Group in Shootings

The only certain fact about the motivation of Arizona killer Jared Loughner is that, like the lunatic who opened fire on the Pentagon last March, he is a pothead. Several people who knew Loughner say that he was a serious abuser of the drug and “liked to smoke pot.” What’s more, Loughner had been arrested in 2007 for possessing drug paraphernalia.

The use of marijuana has been linked to mental illness, including psychosis, and increases the kind of paranoia exhibited by Loughner in his writings.

However, Jennifer Griffin of Fox News recklessly and irresponsibly claimed on Sunday morning that the killer was a political conservative. Using Obama officials as her sources, she reported that “intelligence gathered by the Department of Homeland Security and shared with state officials across the United States” had revealed “a strong suspicion” that the shooter was influenced by a conservative publication called American Renaissance (AR).

This publication is on the right side of the political spectrum and is politically incorrect because of its criticism of racial preference and “diversity” programs and immigration policies that weaken the strength of a country. It has scheduled a Feb. 4–Feb. 6, 2011, conference in Charlotte, North Carolina.

One would have expected that a “conservative” news channel dedicated to fairness and balance would not be so quick to publicize the charges or “suspicions” of some anonymous federal officials in the Obama Administration who seem anxious and eager to smear conservative groups.

But without bothering to get a response, Griffin claimed, “This is based on some of the videos he posted on YouTube. This group’s ideology is anti-government, anti-immigration, and anti-Semitic.”

But a review of Loughner’s YouTube videos finds nothing about American Renaissance.

To make matters worse, it turns out that Griffin not only did not contact AR for a response but badly mischaracterized the nature of the publication.

Jared Taylor of American Renaissance told AIM that he first heard about the charge from CNN, not Fox News. He said that when he found out about the story on the Fox News website, he emailed several Fox News correspondents denouncing the allegations. “I got no response,” he said.

Eventually, he was contacted by James Rosen of Fox News. But that was after Fox News analyst Juan Williams, recently fired by National Public Radio, cited the charges as if they were true on Fox News Sunday.

Apparently using the questionable Griffin story as his source, Williams was quick to claim “there are connections between him [the shooter] and this group, American Renaissance, I think they’re called, and they are strongly anti-immigrant, they’re anti-Semitic and they’re anti-government.”

Nothing Williams said was backed up by the facts and he did not cite any.

Taylor told Rosen that the charges are “scurrilous” and that he took issue with the reference to his group being “anti-ZOG” (Zionist Occupational Government).

“That is complete nonsense,” Taylor said. “I have absolutely no idea what DHS [Department of Homeland Security] is talking about. We have never used the term ‘ZOG.’ We have never thought in those terms. If this is the level of research we are getting from DHS, then Heaven help us.”

In a statement on the publication’s website, Jared Taylor went into more detail and countered: “No one by the name of Loughner has ever been a subscriber to American Renaissance or has ever registered for an American Renaissance conference. We have no evidence that he has even visited the AR website.”

He added, “American Renaissance condemns violence in the strongest possible terms, and nothing that has ever appeared in it pages could be interpreted as countenancing it.”

A subsequent story by Griffin claimed that American Renaissance was mentioned “in some of his [Loughner’s] internet postings and federal law enforcement officials are investigating Loughner’s possible links to the organization.”

But no evidence of such postings or links was cited or has surfaced.

In this Griffin story, the source became a “law enforcement memo based on information provided by DHS and obtained by Fox News…” She falsely characterized American Renaissance as “a pro-white racist organization.”

Giving it a high degree of credibility, Greta Van Susteren of Fox News insisted it was “an internal memo” that was “put out by DHS” and reproduced the entire thing.

While American Renaissance is critical of government affirmative action programs and unrestricted immigration, there is no evidence of anti-Semitism, and there is no evidence that American Renaissance by any objective standard is a racist organization. It does deal with racial issues. But so does the Congressional Black Caucus.

The memo in question supposedly said, in relation to AR, “…no direct connection—but strong suspicion is being directed at AmRen / American Renaissance. Suspect is possibly linked to this group. (through videos posted on his myspace and YouTube account.). The group’s ideology is anti government, anti immigration, anti ZOG (Zionist Occupational Government), anti Semitic. Gabrielle Gifford is the first Jewish female elected to such a high position in the US government. She was also opposite this group’s ideology when it came to immigration debate.”

Jared Taylor countered: “AR is not anti-government, anti-Semitic, or anti-ZOG, as is clear from the 20 years of back issues that are posted on our website. The expression ‘ZOG’ has never appeared in the pages of AR, and we have always welcomed Jewish participation in our work. Many of the speakers at American Renaissance conferences have been Jewish.”

What’s more, Taylor noted that, “Gabrielle Giffords is not the ‘first Jewish female elected to such a high position in the US government.’ Barbara Boxer has represented California in the Senate from 1993, and Dianne Feinstein has done so since 1992. There are at least six Jewish congresswomen listed by Wikipedia as currently serving in the House. If this memo is typical of the research done by the Department of Homeland Security, our country is in serious danger. I telephoned DHS today to try to get the bottom of this nonsense, but apparently there is no homeland security on Sundays. The person who answered the phone said no one is there and that I should call back on Monday morning.”

He added, “Fortunately, some of the media organizations that have been reporting this story have contacted me, and have reported my assertion that American Renaissance knows nothing at all about Jared Loughner, that we condemn all violence, and that we cannot possibly be described as anti-Semitic.”

After going on the air with the false and malicious charges about AR, Fox News finally published a story with a response to the charges under the headline, “American Renaissance Denies DHS Charges, Any Affiliation With Shooter.”

A later Fox News story reported, “New details are emerging about Loughner as a law enforcement memo based on information provided by the Department of Homeland Security and obtained by Fox News suggests he may have ties to the American Renaissance group, though it's unclear if he was directly affiliated with the publication or group.”

It is apparent that Fox News is backing away from the story, after already doing damage to and smearing the organization.

By this point, however, dozens of liberal-left media outlets and bloggers have already cited Fox News as the source of the claim that the killer was involved in a conservative group.

Taylor called for an investigation into how and where DHS obtained the bogus information and who leaked it to Fox News.

“I’d like to know where they are getting this nonsense,” Taylor told AIM. “What else are they telling other people?”

Tuesday, January 4, 2011

Obama prayer leads to sergeant being suspended

Something called "The Obama Prayer" has landed a Manatee County corrections sergeant in hot water. According to an internal affairs report, Sergeant Matthew Neu highlighted a verse in a bible that reads, "Let his days be few - and let another take his office."

Sgt. Neu's co-workers at the Manatee County Central Jail facility in Palmetto say it's a well known fact that Neu is not a fan of President Barack Obama.

Many of them explained that in a 16-page internal affairs report, saying he made that clear in casual conversation before. But one of his co-workers, Sergeant Martha Nash, told investigators he went too far recently. She says what he admitted to doing was shocking.

Sgt. Nash says a copy of her bible was on her desk and inside that bible was a handwritten note that said "Obama Prayer." She says at first she thought it was probably something positive until she took a closer look.

The verse that Sgt. Neu admits to circling in that bible is from the book of Psalm: Chapter 109 Verse 8 which reads, "Let his days be few; and let another take his office."

Nash said "she felt whoever left the note wanted the president dead and that the supporting verses after that verse support that." The following verse reads, "Let his children be fatherless, and his wife a widow."

But Sgt. Neu told investigators it was not a threat on the president. In the report, he admits, "Maybe it was not in good taste." He says it was never intended for Nash.

He adds that the desk where he left the bible is shared by several co-workers and that there was a stack of bibles on the desk. A stack of bibles that the chaplain hands out to inmates and other employees.

Neu says he planned to show the bible verse to others since he'd received an email about the bible verse because "he thought it was funny."

The sheriff of Manatee County, Brad Steube, was out of the office on Monday and 10 News was told no one else within the department would talk about the incident. We were told that the internal affairs report speaks for itself.

Meanwhile, Sgt. Neu has been suspended without pay for about 26 hours. That's about three 8-hour shifts.