Saturday, December 08, 2007

Does President Bush Determine What Is Constitutional?

According to this blog post, President Bush determines what is constitutional:

Sen. Whitehouse Reveals Secret DoJ Legal Memos: Bush Determines What Is Constitutional
This morning, Sen. Sheldon Whitehouse (D-RI) delivered an impassioned floor speech to help frame the debate over FISA reform. Using his privilege as a member of the Senate Intelligence Committee, Whitehouse said he has “spent hours poring over” secret opinions issued by the Department of Justice’s Office of Legal Counsel (OLC) — and he took notes.

Whitehouse is a lawyer, a former U.S. Attorney, a former legal counsel to Rhode Island’s Governor, and a former State Attorney General. He said he sought and received permission to have his notes declassified because he wanted to show the public “what the Bush administration does behind our backs when they think no one is looking.”

“To give you an example of what I read,” Whitehouse said on the Senate floor, “I have gotten three legal propositions from these secret OLC opinions declassified. Here they are, as accurately as my note-taking could reproduce them from the classified documents”:

1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.

2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.

3. The Department of Justice is bound by the President’s legal determinations.

Watch it:

Speed Racer Trailer - Like "Dick Tracy" Movie Blends Cartoon Cinematography With Live Action

If you remember the "Dick Tracy" live action movie of the 80s, then you'll appreciate the trailer you're about to see presenting the movie "Speed Racer", starring John Goodman and Emile Hirsch. it is an attempt to blend live action with a kind of simple, four colors, cartoon cinematography, much as "Dick Tracy" did when it was made.

I'm not sure if this is going to translate into a winning formula at the box office, because I think many people expected to see a real live action rendition of the movie -- at least I did.

Here's the trailer:







Huckabee wanted to isolate AIDS patients

The comments and suggestions Huckabee conjures up are appalling.

By ANDREW DeMILLO, Associated Press Writer

LITTLE ROCK, Ark. - Mike Huckabee once advocated isolating AIDS patients from the general public, opposed increased federal funding in the search for a cure and said homosexuality could "pose a dangerous public health risk."

As a candidate for a U.S. Senate seat in 1992, Huckabee answered 229 questions submitted to him by The Associated Press. Besides a quarantine, Huckabee suggested that Hollywood celebrities fund AIDS research from their own pockets, rather than federal health agencies.

"If the federal government is truly serious about doing something with the AIDS virus, we need to take steps that would isolate the carriers of this plague," Huckabee wrote.

"It is difficult to understand the public policy towards AIDS. It is the first time in the history of civilization in which the carriers of a genuine plague have not been isolated from the general population, and in which this deadly disease for which there is no cure is being treated as a civil rights issue instead of the true health crisis it represents."

The AP submitted the questionnaire to both candidates; only Huckabee responded. Incumbent Sen. Dale Bumpers won his four term; Huckabee was elected lieutenant governor the next year and became governor in 1996.

When asked about AIDS research in 1992, Huckabee complained that AIDS research received an unfair share of federal dollars when compared to cancer, diabetes and heart disease.

"In light of the extraordinary funds already being given for AIDS research, it does not seem that additional federal spending can be justified," Huckabee wrote. "An alternative would be to request that multimillionaire celebrities, such as Elizabeth Taylor (,) Madonna and others who are pushing for more AIDS funding be encouraged to give out of their own personal treasuries increased amounts for AIDS research."

Huckabee did not return messages left with his campaign.

When Huckabee wrote his answers in 1992, it was common knowledge that AIDS could not be spread by casual contact. In late 1991, the Centers for Disease Control and Prevention said there were 195,718 AIDS patients in the country and that 126,159 people had died from the syndrome.

The nation had an increased awareness of AIDS at the time because pro basketball star Magic Johnson had recently disclosed he carried the virus responsible for it. Johnson retired but returned to the NBA briefly during the 1994-95 season.

Since becoming a presidential candidate this year, Huckabee has supported increased federal funding for AIDS research through the National Institutes of Health.

"My administration will be the first to have an overarching strategy for dealing with HIV and AIDS here in the United States, with a partnership between the public and private sectors that will provide necessary financing and a realistic path toward our goals," Huckabee said in a statement posted on his campaign Web site last month.

Also in the wide-ranging AP questionnaire in 1992, Huckabee said, "I feel homosexuality is an aberrant, unnatural, and sinful lifestyle, and we now know it can pose a dangerous public health risk."

A Southern Baptist preacher, Huckabee has been a favorite among social conservatives for his vocal opposition to gay marriage. In 2003, Huckabee said that the U.S. Supreme Court was probably right to strike down anti-sodomy laws, but that states still should be able to restrict things such as gay marriage or domestic partner benefits.

"What people do in the privacy of their own lives as adults is their business," Huckabee said. "If they bring it into the public square and ask me as a taxpayer to support it or to endorse it, then it becomes a matter of public discussion and discourse."

ESPN's Melrose Eats His Words About Newark

While Newark may be dangerous, comprehensive safety measures are in place.

Hockey Analyst Visits 'The Rock,' Does 180 On Area

NEWARK (CBS) ― He said on national television that walking around in Newark was a extremely dangerous thing to do.

But he had never even been there.

On Friday night, the popular ESPN hockey analyst Barry Melrose decided to see the city first hand.

And he got an earful.

At the Arena Bar, hockey fans and the city's self proclaimed welcoming committee taunted Melrose as payback for badmouthing the city the Devils call home.

"My job is talking, and I talked and didn't do the research I should have done," a contrite Melrose said.

During last month's opening of the Prudential Center, or "The Rock," Melrose raved about the Devils' new facility, but said hockey fans might be in physical danger once they walked onto the streets outside the arena.

Melrose said that the area around the arena is "awful," that "the inside and the outside where it's built is pretty humorous" and warned those who dare see a game to not "go outside if you have a wallet or anything else."

But on Friday Melrose sang a different tune, one the fans said should never have been necessary in the first place.

"What it said is it showed his ignorance on his part being an upstate New Yorker," Devils fan Matt Hughes said. "Not knowing what was going on and opening up his mouth before knowing all the answers to the questions."

Added fan Christina Ortiz: "I hope he changes his mind. I hope being here tonight is enough to make him know better."

After a tour of the city with local officials and Devils owner Jeff Vanderbeek, Melrose was waxing poetic about all things Newark.

"I've been very impressed with the area and very, very impressed with what they have planned for the area," Melrose said.

Newark Mayor Cory Booker looked at the night as a win-win for the Devils, their fans and New Jersey.

"By Barry coming here tonight he's showing he's a gentleman and he's giving the world the chance to see what he sees, which is a positive city, a safe and secure city, city that's moving forward," Booker said.

Melrose said the entire episode has been a learning experience.

"I did apologize and again it's a good lesson for me not to listen to second hand information," Melrose said. "And before you say something see it for yourself. That's why I came here."

After Melrose saw the light, the Devils went out and won their ninth straight game, 3-2 over Washington.

Four Ravens fined for improper conduct relating to officials

The numerous fines are unjust and uncalled for.

National Football League

Four Baltimore Ravens players have been fined for violating league rules prohibiting the abuse of game officials, the NFL announced Friday.

Bart Scott was fined $25,000 for verbally abusing game officials and throwing an official’s flag into the stands during last Monday night’s Baltimore-New England game.

Samari Rolle, Chris McAlister, and Derrick Mason were fined $15,000 each for publicly questioning the integrity of the officiating in last Monday night’s game.

“This is about the importance of sportsmanship and respecting the integrity of our game,” said NFL Executive Vice President of Football Operations Ray Anderson. “We do not tolerate inappropriate conduct between teams and game officials. This includes reminding game officials that they are to conduct themselves at all times as professionals in their dealings with players, coaches, and other club personnel.”

Anderson went to Baltimore this week to speak directly with Scott and Rolle before issuing the fines Friday.

“Last Monday night’s game was well officiated,” Anderson said, “and it is the obligation of both players and coaches to maintain proper respect for game officials at all times.”

In addition to prohibiting physical contact with game officials, league rules also bar team personnel from verbal or other non-physical abuse of officials and from public criticism of their integrity.

"As I said earlier this week, our actions were not appropriate near the end of our game against the Patriots," said Ravens coach Brian Billick in a statement. "We, our players and coaches, understand and accept the fines levied by Commissioner Goodell. We believe in the integrity of NFL officials and don't believe they, in any way, favored the Patriots with their calls.

"As a team, we've discussed a number of times about not speaking publicly about any unhappiness we have with the officials. As emotional as the end of Monday's game was, I should have reminded the players of that in our post-game meeting. That's my mistake. We do appreciate the extra step taken by the Commissioner's Office when Ray Anderson came here yesterday to talk with some of our players."

Friday, December 07, 2007

Barack Obama Wins Kansas Straw Poll - Obama Rising

Barack Obama seems to be peaking right at the time an eventual front-runner in Presidential races does.

From LJ World.com

Topeka — U.S. Sen. Barack Obama won the Kansas Democratic Party email straw poll, party officials announced today.

Obama tallied 692 votes out of 1,904 votes cast for 36.3 percent. The poll was held this week and ended last night.

Second place went to U.S. Sen. Hillary Clinton with 504 votes, or 26.5 percent. Former senator John Edwards had 355 votes or 18.6 percent.

After Edwards came U.S. Sen. Joe Biden, 6.8 percent; U.S. Rep. Dennis Kucinich, 6 percent; New Mexico Gov. Bill Richardson, 4.7 percent; U.S. Sen. Christopher Dodd, 0.7 percent and former U.S. Sen. Mike Gravel, 0.3 percent.

The state Democratic Party plans to have its party caucuses on Feb. 5.

Iowan Garry Thomas Switches From Clinton To Obama, Then Tells The World

Going public and getting picked up by The Wash Post hurts Clinton's campaign, for sure.

Garry Thomas counted himself a Hillary Clinton supporter -- even signing up to be one of her 25 co-chairs in Iowa alongside with former Iowa First Lady Christie Vilsack.

But Thomas now says he felt obliged to switch sides in recent weeks. "I think the Clinton campaign went negative," Thomas said in a telephone interview on Thursday. He attributed his defection to the new tone Clinton took last weekend, describing it as divisive. Obama officials said Thomas committed to them this week.

Clinton officials said they lost touch with Thomas in October, and are skeptical of his claim that he left them because of her tone (she did not launch her offensive until this past Sunday).

But either way, Thomas is now with Sen. Barack Obama, putting him on a growing list of Iowans who have switched from one candidate to another heading toward the caucuses. ... More.