Relentlessly Real. If it weren't for physics and law enforcement, I'd be unstoppable.
June 6, 2011
Qoute of the Day
I prefer a brand with principles and values.
The brand of being "middle" and "practical" cannot work. Middle does not mean right. Practical does no good with some principles to evaluate outcomes.
The idea of hope requires some notion that there is some mechanism that will bring about goals. Obama has not demonstrated any understanding of economics or any general principles of that valued by people.
To reshape his image, Obama would have to reshape himself.
+1000
January 27, 2010
Oratory Is Not Enough
Obama has not been equal to his promises. No one in their right mind expected him to do all that he promised in exactly the way that he promised. But what I think people did expect and had some right to expect was that he would be true to the spirit of his hope and change mantra. Sure, we knew there would be compromises, some deviation and we frankly expected some dissapointment because we expected the pragmatist to straightforwardly tell us "hey, this isn't doable and here's why" straightup.
But, as Mort Zuckerman bitterly and very accurately observed, Obama has revealed himself to be more ideological than pragmatic. What we have learned is that Obama practices small "p" pragmatism. That his political heart and center are not big enough to fill the space created by his oratory. He has fallen very short of the heights he called not only us to, but himself. No amount of inspired oratory tonight or any other night can or will close the gap between the stirring heights of his rhetoric and the prosaic plateau of his deeds.
That gap can only be closed by deeds and decisions more informed, wise and courageous than most that have preceded this moment. Hope and change indeed. Let us hope that Obama can change.
April 15, 2009
Exit Thoughts on Obama's Excellent Somali Pirate Adventure
"Seal snipers took out three Somali pirates and freed an American hostage held in a lifeboat. What's interesting to me is the decision making process used to resolve this minor problem. Here are some of the aspects. Firstly, there was a timer on the hostage stand-off. Other pirate groups/ships (an open source insurgency with commercial drivers) were en route to surround the lifeboat or take control of the hostages. Secondly, this minor decision involved a highly centralized decision making loop that included the President, the Commander of CENTCOM, the Secretary of Defense, the Secretary of State, the DoJ, and the White House/NSC -- just to pull the trigger on three kidnappers holding a hostage at gunpoint."
His point here is well taken, voiced succinctly by Indiana based military strategist Thomas PM Barnett,
"I resist reading too much into the new president's international security street cred on the basis of this minuscule operation.
And please, hearing that Obama took 17 briefings ... That worries more than assures me.
If one hostage commands that much POTUS bandwith, this is not a good sign moving forward, and I sure as hell wouldn't advertise it."
I think its a function of Obama's limited experience in an executive role of this nature. Frankly, he's still learning and the jury is still out on this dimension of Obama's leadership as president. I want him to be a triggerman when called for. This episode doesn't have me convinced yet.
April 13, 2009
Man of Steele vs. NeObama
"Criticized by some in the party for not taking on the Democratic president hard enough or often enough, Mr. Steele took the gloves off in a fund-raising letter sent out Monday to 12 million party supporters....The RNC letter noted that Mr. Obama while in Europe had said the United States has displayed "arrogance" at times in its foreign policy.
During his European tour, Obama also said this :
"But in Europe, there is an anti-Americanism that is at once casual but can also be insidious. Instead of recognizing the good that America so often does in the world, there have been times where Europeans choose to blame America for much of what's bad." Obama continued: "On both sides of the Atlantic, these attitudes have become all too common. They are not wise. They do not represent the truth. They threaten to widen the divide across the Atlantic and leave us both more isolated. They fail to acknowledge the fundamental truth that America cannot confront the challenges of this century alone, but that Europe cannot confront them without America."
April 2, 2009
We Totally Get This
I don't even have to explain it. You look at this picture and you simply understand this moment of wordless communication between two brothers.
As for the lovely First Lady of the United States, Michelle Obama: simply beautiful.
February 5, 2009
He's No Tony Snow
Gibbs is a thoroughly non telegenic presence. I've heard his briefings on POTUS 08, but this is the first time I've seen the guy and I'm now both visually and auditorily underwhelmed. This unfortunate exchange with Jake Tapper becomes an epic fail of presidential representation when he jumps it off by rising to Tapper's bait with a snarky comment about Tapper knowing the President's opinions and then had to back down, ultimately running from the confrontation by answering someone else's question. Lamer.
This transparency issue should get handled by Gibbs. Transparency doesn't mean that the press core gets access to anything and everything they want, when they want it. Thats just anarchy. Gibbs is foolish to let himself and by extension his boss, the President, take crap about transparency without definining the terms of the debate more forcefully.
Tony Snow would not have backed down, and more to the point, Snow would have forcefully and energetically put forward a defensible standard for transparency and how the administration was living up to it. Gibbs lame performance here allows the otherwise gibbering press core to continue to snark at the administration about transparency in the most trite and shallow way. Obama needs a Tony Snow who won't take crap from the press and is willing and able to go toe to toe with a full of itself press core, who lets face it, ask some of the most asinine and trite questions imaginable. Snow would never have invited this confrontation in this manner and if he had, he would have rhetorically rammed Tapper's snark back down his throat. Replace Gibbs now.
January 22, 2009
Vice-President Joe Sixpack or Joe Doofus?
This episode right here makes me wonder what asset the One thought Biden was bringing to the table when he picked him, because his command of nuance, smoothness and class sure was not it. I'm hoping he's got something more going for him thats value added to Team Obama. I consider Dick Cheney to be among the most effective and high performing vice presidents to hold the office. Cheney would never have been out of step with Bush in this way. N-E-V-E-R. I had hoped that Obama would have the benefit of a VP that was every bit as effective as Cheney was for Bush. Cheney had no desire to be the President and spent his time being a very effective second in command. Biden on the other hand I fear, still harbors ambitions for the Oval Office and therefore is liable to remain a gafferic, off key distraction to the smoothness of the One for the remainder of his just started yesterday presidency.
Exit question: Do you think Obama tuned Biden's butt up about this gaffe after the event?
I'll Say It: Rev. Lowery Behaved Like A Jackass
Rick Warren's Invocation: He did not bring it. The guy is a pastor and preacher over a mega church congregation. I expected and wanted a prayer that called on God in a manner that was equal to the moment and the nation's need. I wanted a prayer that would have been the equivalent of a national alter call to service to God and country. As a former member of a mega-church (Word of Faith, pastored by the awesome Bishop Butler) I have heard awesome mega church pastor preaching and prayer. I sooo expected Warren to bring it at that level, but brother had no cadence, no rhythm and as one of my friends remarked, too much emphasis on the "first black president" aspect. A completely underwhelming prayer effort, though I'm sure God heard it just fine.
The Oath: Mr. Chief Justice, you are a constitutional scholar, the chief justice of the court and oh by the way, the 35 words of the oath are in the damn constitution. Is it too much to ask that on such a history making inauguration and your first of many at bat, that you would get that right? Not only did you flub it, but yesterday, out of an "abundance of caution" the oath was re-administered to Obama, something that has happened only twice before. Not quite epic fail, but approaching the frontier. Exit thought on this: how cheesed off are the natural born citizen truthers now? The court summarily rejects all their appeals and the Chief Justice swears The Messiah twice to make sure it sticks!
The Inaugural Composition: I thought the composition created for the inauguration was a wonderful piece of music and Yo-Yo Ma seemed positively full of joy to play it. I thought he gave a real gift to the nation in the performance of the piece. It was a lovely piece of music totally in keeping with the spirit of the event.
The Inaugural Poem: To be fair, I watched the inauguration with my children at their school and I had to take take my son to the bathroom right about the time of the poem, so I didn't get a solid hearing of it and I will look and listen to its rendition again. That said, I'm sorry, it was deadly dull boring, I didn't really understand it and it was spoken in about as deadpan, lifeless and joyless a manner as one could imagine. If Yo-Yo Ma was the epitome of joy in rendition, the poet was the total opposite. I could have been more inspiring than that. Epic Fail.
The Benediction: I didn't mind Lowery's vernacular exposition or the inclusion of the negro anthem so much. It grated my nerves, however I could live with it. But the protest song bit at the end - totally inappropriate to the moment. Old Civil rights coots like him simply cannot let go of racial grievance. He just could not resist the opportunity to tweak the white man at this historical moment. Could not get over himself and the racial history to get out of the way and let this be a moment not just for black American people but for the American people. Complete jackass behavior in my opinion and a real embarrassment to disparage white people in such a blanket way at the inauguration of the 1st black president who got elected with a WHOLE lot of white votes, but he just HAD to slap those folks in the face with his race/victim shtick.
Obama did his level best to let the campaign be about his ideas, not his skin color and at the moment of triumph, Lowery cannot be content to let the victory and the self evident achievement speak for itself. It was unnecessary, unwarranted, and beneath the dignity of the moment. Lowery is an elder, whom we should respect, and he's a civil rights warrior who looked in the face of segregation back in the day. But with all due respect, being an elder ought to mean you have gained some wisdom as well, and that you employ it in your life. The inauguration of the 1st black president was not the time to wear racial grievance on his sleeve or indict white America however gently or mildly some may have regarded it. Some have defended his words as an artful way to honor the occasion and I totally disagree. I think he was simply unable to resist the opportunity to rub it in white America's face just a little and that he in essence gave in to the smaller, less charitable part of his character in doing so. It marred, for me, what was an otherwise very dignified moment of history.
That's my take, what say you? Am I right or way off base? Say it like you feel it.
January 21, 2009
Mr. President: Beautiful
January 7, 2009
Optics
I like the way this looks, I like the message the lunch conveys, I appreciate Bush's gesture in hosting it and his comments to the press which I regarded as quite sincere. If only that the spirit of this event would permeate all of Washington and the country.
December 22, 2008
The Death of Deep Throat and the Crisis of Journalism
Mark Felt died last week at the age of 95. For those who don’t recognize that name, Felt was the “Deep Throat” of Watergate fame. It was Felt who provided Bob Woodward and Carl Bernstein of The Washington Post with a flow of leaks about what had happened, how it happened and where to look for further corroboration on the break-in, the cover-up, and the financing of wrongdoing in the Nixon administration. Woodward and Bernstein’s exposé of Watergate has been seen as a high point of journalism, and their unwillingness to reveal Felt’s identity until he revealed it himself three years ago has been seen as symbolic of the moral rectitude demanded of journalists.
In reality, the revelation of who Felt was raised serious questions about the accomplishments of Woodward and Bernstein, the actual price we all pay for journalistic ethics, and how for many years we did not know a critical dimension of the Watergate crisis. At a time when newspapers are in financial crisis and journalism is facing serious existential issues, Watergate always has been held up as a symbol of what journalism means for a democracy, revealing truths that others were unwilling to uncover and grapple with. There is truth to this vision of journalism, but there is also a deep ambiguity, all built around Felt’s role. This is therefore not an excursion into ancient history, but a consideration of two things. The first is how journalists become tools of various factions in political disputes. The second is the relationship between security and intelligence organizations and governments in a Democratic society.
Watergate was about the break-in at the Democratic National Committee headquarters in Washington. The break-in was carried out by a group of former CIA operatives controlled by individuals leading back to the White House. It was never proven that then-U.S. President Richard Nixon knew of the break-in, but we find it difficult to imagine that he didn’t. In any case, the issue went beyond the break-in. It went to the cover-up of the break-in and, more importantly, to the uses of money that financed the break-in and other activities. Numerous aides, including the attorney general of the United States, went to prison. Woodward and Bernstein, and their newspaper, The Washington Post, aggressively pursued the story from the summer of 1972 until Nixon’s resignation. The episode has been seen as one of journalism’s finest moments. It may have been, but that cannot be concluded until we consider Deep Throat more carefully.
Deep Throat Reconsidered
Mark Felt was deputy associate director of the FBI (No. 3 in bureau hierarchy) in May 1972, when longtime FBI Director J. Edgar Hoover died. Upon Hoover’s death, Felt was second to Clyde Tolson, the longtime deputy and close friend to Hoover who by then was in failing health himself. Days after Hoover’s death, Tolson left the bureau.
Felt expected to be named Hoover’s successor, but Nixon passed him over, appointing L. Patrick Gray instead. In selecting Gray, Nixon was reaching outside the FBI for the first time in the 48 years since Hoover had taken over. But while Gray was formally acting director, the Senate never confirmed him, and as an outsider, he never really took effective control of the FBI. In a practical sense, Felt was in operational control of the FBI from the break-in at the Watergate in August 1972 until June 1973.
Nixon’s motives in appointing Gray certainly involved increasing his control of the FBI, but several presidents before him had wanted this, too, including John F. Kennedy and Lyndon Johnson. Both of these presidents wanted Hoover gone for the same reason they were afraid to remove him: He knew too much. In Washington, as in every capital, knowing the weaknesses of powerful people is itself power — and Hoover made it a point to know the weaknesses of everyone. He also made it a point to be useful to the powerful, increasing his overall value and his knowledge of the vulnerabilities of the powerful.
Hoover’s death achieved what Kennedy and Johnson couldn’t do. Nixon had no intention of allowing the FBI to continue as a self-enclosed organization outside the control of the presidency and everyone else. Thus, the idea that Mark Felt, a man completely loyal to Hoover and his legacy, would be selected to succeed Hoover is in retrospect the most unlikely outcome imaginable.
Felt saw Gray’s selection as an unwelcome politicization of the FBI (by placing it under direct presidential control), an assault on the traditions created by Hoover and an insult to his memory, and a massive personal disappointment. Felt was thus a disgruntled employee at the highest level. He was also a senior official in an organization that traditionally had protected its interests in predictable ways. (By then formally the No. 2 figure in FBI, Felt effectively controlled the agency given Gray’s inexperience and outsider status.) The FBI identified its enemies, then used its vast knowledge of its enemies’ wrongdoings in press leaks designed to be as devastating as possible. While carefully hiding the source of the information, it then watched the victim — who was usually guilty as sin — crumble. Felt, who himself was later convicted and pardoned for illegal wiretaps and break-ins, was not nearly as appalled by Nixon’s crimes as by Ni xon’s decision to pass him over as head of the FBI. He merely set Hoover’s playbook in motion.
Woodward and Bernstein were on the city desk of The Washington Post at the time. They were young (29 and 28), inexperienced and hungry. We do not know why Felt decided to use them as his conduit for leaks, but we would guess he sought these three characteristics — as well as a newspaper with sufficient gravitas to gain notice. Felt obviously knew the two had been assigned to a local burglary, and he decided to leak what he knew to lead them where he wanted them to go. He used his knowledge to guide, and therefore control, their investigation.
Systematic Spying on the President
And now we come to the major point. For Felt to have been able to guide and control the young reporters’ investigation, he needed to know a great deal of what the White House had done, going back quite far. He could not possibly have known all this simply through his personal investigations. His knowledge covered too many people, too many operations, and too much money in too many places simply to have been the product of one of his side hobbies. The only way Felt could have the knowledge he did was if the FBI had been systematically spying on the White House, on the Committee to Re-elect the President and on all of the other elements involved in Watergate. Felt was not simply feeding information to Woodward and Bernstein; he was using the intelligence product emanating from a section of the FBI to shape The Washington Post’s coverage.
Instead of passing what he knew to professional prosecutors at the Justice Department — or if he did not trust them, to the House Judiciary Committee charged with investigating presidential wrongdoing — Felt chose to leak the information to The Washington Post. He bet, or knew, that Post editor Ben Bradlee would allow Woodward and Bernstein to play the role Felt had selected for them. Woodward, Bernstein and Bradlee all knew who Deep Throat was. They worked with the operational head of the FBI to destroy Nixon, and then protected Felt and the FBI until Felt came forward.
In our view, Nixon was as guilty as sin of more things than were ever proven. Nevertheless, there is another side to this story. The FBI was carrying out espionage against the president of the United States, not for any later prosecution of Nixon for a specific crime (the spying had to have been going on well before the break-in), but to increase the FBI’s control over Nixon. Woodward, Bernstein and above all, Bradlee, knew what was going on. Woodward and Bernstein might have been young and naive, but Bradlee was an old Washington hand who knew exactly who Felt was, knew the FBI playbook and understood that Felt could not have played the role he did without a focused FBI operation against the president. Bradlee knew perfectly well that Woodward and Bernstein were not breaking the story, but were having it spoon-fed to them by a master. He knew that the president of the United States, guilty or not, was being destroyed by Hoover’s jilted heir.
This was enormously important news. The Washington Post decided not to report it. The story of Deep Throat was well-known, but what lurked behind the identity of Deep Throat was not. This was not a lone whistle-blower being protected by a courageous news organization; rather, it was a news organization being used by the FBI against the president, and a news organization that knew perfectly well that it was being used against the president. Protecting Deep Throat concealed not only an individual, but also the story of the FBI’s role in destroying Nixon.
Again, Nixon’s guilt is not in question. And the argument can be made that given John Mitchell’s control of the Justice Department, Felt thought that going through channels was impossible (although the FBI was more intimidating to Mitchell than the other way around). But the fact remains that Deep Throat was the heir apparent to Hoover — a man not averse to breaking the law in covert operations — and Deep Throat clearly was drawing on broader resources in the FBI, resources that had to have been in place before Hoover’s death and continued operating afterward.
Burying a Story to Get a Story
Until Felt came forward in 2005, not only were these things unknown, but The Washington Post was protecting them. Admittedly, the Post was in a difficult position. Without Felt’s help, it would not have gotten the story. But the terms Felt set required that a huge piece of the story not be told. The Washington Post created a morality play about an out-of-control government brought to heel by two young, enterprising journalists and a courageous newspaper. That simply wasn’t what happened. Instead, it was about the FBI using The Washington Post to leak information to destroy the president, and The Washington Post willingly serving as the conduit for that information while withholding an essential dimension of the story by concealing Deep Throat’s identity.
Journalists have celebrated the Post’s role in bringing down the president for a generation. Even after the revelation of Deep Throat’s identity in 2005, there was no serious soul-searching on the omission from the historical record. Without understanding the role played by Felt and the FBI in bringing Nixon down, Watergate cannot be understood completely. Woodward, Bernstein and Bradlee were willingly used by Felt to destroy Nixon. The three acknowledged a secret source, but they did not reveal that the secret source was in operational control of the FBI. They did not reveal that the FBI was passing on the fruits of surveillance of the White House. They did not reveal the genesis of the fall of Nixon. They accepted the accolades while withholding an extraordinarily important fact, elevating their own role in the episode while distorting the actual dynamic of Nixon’s fall.
Absent any widespread reconsideration of the Post’s actions during Watergate in the three years since Felt’s identity became known, the press in Washington continues to serve as a conduit for leaks of secret information. They publish this information while protecting the leakers, and therefore the leakers’ motives. Rather than being a venue for the neutral reporting of events, journalism thus becomes the arena in which political power plays are executed. What appears to be enterprising journalism is in fact a symbiotic relationship between journalists and government factions. It may be the best path journalists have for acquiring secrets, but it creates a very partial record of events — especially since the origin of a leak frequently is much more important to the public than the leak itself.
The Felt experience is part of an ongoing story in which journalists’ guarantees of anonymity to sources allow leakers to control the news process. Protecting Deep Throat’s identity kept us from understanding the full dynamic of Watergate. We did not know that Deep Throat was running the FBI, we did not know the FBI was conducting surveillance on the White House, and we did not know that the Watergate scandal emerged not by dint of enterprising journalism, but because Felt had selected Woodward and Bernstein as his vehicle to bring Nixon down. And we did not know that the editor of The Washington Post allowed this to happen. We had a profoundly defective picture of the situation, as defective as the idea that Bob Woodward looks like Robert Redford.
Finding the truth of events containing secrets is always difficult, as we know all too well. There is no simple solution to this quandary. In intelligence, we dream of the well-placed source who will reveal important things to us. But we also are aware that the information provided is only the beginning of the story. The rest of the story involves the source’s motivation, and frequently that motivation is more important than the information provided. Understanding a source’s motivation is essential both to good intelligence and to journalism. In this case, keeping secret the source kept an entire — and critical — dimension of Watergate hidden for a generation. Whatever crimes Nixon committed, the FBI had spied on the president and leaked what it knew to The Washington Post in order to destroy him. The editor of The Washington Post knew that, as did Woodward and Bernstein. We do not begrudge them their prizes and accolades, but it would have been useful to know who handed them the story. In many ways, that story is as interesting as the one about all the president’s men.
December 19, 2008
Obama: Supernatural
All I got to say is, don't front. Because Obama has demonstrated his preternatural powers for all, and you better recognize. When did he make this demonstration? During the primaries, he predicted the future with keen accuracy:
Fast forward to the present:
Hillary laughed at the Obamamessiah. Now she does his bidding.
Soooo, mock the "One" at your peril. His powers are real.
December 15, 2008
SCOTUS Kills "Natural Born Citizen" Arguments Against Obama
08A469 WROTNOWSKI, CORT V. BYSIEWICZ, CT SEC. OF STATE
The application for stay and/or injunction addressed to Justice Scalia and
referred to the Court is denied.
Today's release of SCOTUS's denial (without comment) of this case occurs cotemporaneously with the meeting of the Electoral College electors today across the country to certify the electoral votes of the states. These two events, both occuring largely out of the public and media's eye and attention, essentially ensure Obama's ascendency to the Oval Office as the 44th President of the United States.
The Court has removed the last potentially viable constitutional challenge, and the Electoral College with its votes today will firmly cement Obama as the President Elect and invest him with the commensurate responsibility and authority granted that title by the Constitution of the United States.
December 9, 2008
Conservative Supreme Court Justices Stalking Obama
If you're not the suspicious type, then there's nothing to see here. As one of Donofrio's commenter's pointed out;
On the other hand, if the timing of this referral by Scalia strikes you as odd and suspicious, then you might conclude that this special order crisis appears to be actively and aggressively pushed forward by conservative Justices Thomas and Scalia. That is the other conclusion to be drawn from the proceedings and orders history of the two cases.
| No. 08A469 | ||||
| Title: |
| |||
| Docketed: | ||||
| Lower Ct: | Supreme Court of Connecticut |
| Case Nos.: | (SC 18264) |
| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 25 2008 | Application (08A469) for stay and/or injunction, submitted to Justice Ginsburg. |
| Nov 26 2008 | Application (08A469) denied by Justice Ginsburg. |
| Nov 29 2008 | Application (08A469) refiled and submitted to Justice Scalia. |
| Dec 8 2008 | DISTRIBUTED for Conference of December 12, 2008. |
| Dec 8 2008 | Application (08A469) referred to the Court by Justice Scalia. |
| Dec 9 2008 | Supplemental brief of applicant Cort Wrotnowski filed. (Distributed) |
and the earlier Donofrio case:
| No. 08A407 | ||||
| Title: |
| |||
| Docketed: | ||||
| Lower Ct: | Supreme Court of New Jersey |
| Case Nos.: | (AM-0153-08T2 at the New Jersey Appellate Division without a docket number) |
| ~~~Date~~~ | ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~ |
| Nov 3 2008 | Application (08A407) for stay pending the filing and disposition of a petition for a writ of certiorari, submitted to Justice Souter. |
| Nov 6 2008 | Application (08A407) denied by Justice Souter. |
| Nov 14 2008 | Application (08A407) refiled and submitted to Justice Thomas. |
| Nov 19 2008 | DISTRIBUTED for Conference of December 5, 2008. |
| Nov 19 2008 | Application (08A407) referred to the Court by Justice Thomas. |
| Nov 26 2008 | Supplemental brief of applicant Leo C. Donofrio filed. (Distributed) |
| Dec 1 2008 | Letter from applicant dated November 22, 2008, received. |
| Dec 8 2008 | Application (08A407) denied by the Court. |
The fundamental legal argument in both cases is the same, to wit: Obama is not eligible to stand for the Presidency because his dual citizenship status at birth renders him not a "natural born citizen' per Article 2, Section 1 of the Constitution.
The difference between the two briefs is simply that the second had more preparation time and is considered procedurally cleaner and better argued by its author.
Timing wise, Scalia sends this to the full court for review on the Friday before the Electoral College is due to meet. Only four Justices are required to grant a hearing and there are four conservative votes on the court in Alito, Stevens, Thomas and Scalia. It is entirely possible that Friday afternoon, the Supreme Court could issue an emergency stay of the Electoral College pending oral arguments on this case. Donofrio will accompany Cort Wrotnowski to Washington D.C. tomorrow where both will be available for comment at 11:00 AM on the steps of the Supreme Court.
We may not have missed the political apocalypse after all.
December 8, 2008
Its Official: SCOTUS Shuts Down Last Potentially Viable Argument Against Obama's Eligibility to Stand for the Presidency
08A407 DONOFRIO, LEO C. V. WELLS, NJ SEC. OF STATE
is denied.
As the case was rejected by Justice David Souter earlier in November, and now has been denied after referral by Justice Thomas and a private conference of all nine Justices, this specific argument against Obama's eligibility to stand for the Presidency on the grounds that he is not a "natural born citizen", within the meaning of the Article 2, Section 1 of the Constitution , is now effectively DOA.
December 7, 2008
Obama: The Usurper
I've already issued my prediction, which I'll repeat and clarify further now. If the court does not take up this case and leaves intact the unsettled nature of the law regarding eligibility for the Presidency, it will be a clear decision that it is not in the nation's interest to remove this ambiguity from the law under this set of circumstances. If the court does take up the case, then brace yourselves, because if they decide to hear it, its because they intend to render Obama ineligible.
If they do so, all bets are off. Should it happen prior to the meeting of the Electoral College, possible outcomes include the Democratic Party subbing in Hillary, while the Republicans might bring Palin back up from the minors for the top spot. Political chaos would become the order of the day and under such circumstances, if you think the domestic and global economic situation is bad now, it would go into complete free fall were the US to be thrown into such uncertainty relative to the Presidency. I don't even want to think of the national security implications of such a crisis with a mere few weeks until the current president's term comes to an end.
The followers of Donofrio think they want this, but they really don't. The Supremes are not idiots and they can reasonably comprehend some of the hideous outcomes that might follow were they to interpret the constitution as Donofrio suggests. Donofrio's followers are praying that SCOTUS will take up this case. I'm praying just as earnestly that they don't.
Update: At 10 a.m. today, the Court will release the remaining orders from the Justices’ private conference last Friday. (Click here for the orders released Friday afternoon.)
Obama Denialism: The Electors Respond
December 6, 2008
I have been asked by some concerned citizens as part of my Constitutional responsibility as a member of the College of Electors to review the evidence and make a determination regarding the natural born citizenship of Barack Hussein Obama II, or to join in a lawsuit against him in this matter. They have also forwarded a great deal of information to me which I have now reviewed.
After reading this information it is my opinion that none of it is conclusive in its own right. Most of it is speculation, rumor, or opinion rendered by “experts” or others whose qualifications and
motives are suspect. However, given the volume of information put forth, the question of Mr. Obama’s natural born citizenship was worth my understanding.Since the United States Supreme Court has not rendered an opinion regarding the validity of the “natural born” status of a U.S. citizen or otherwise defined this term, I am therefore at liberty to make my own determination as a Presidential Elector. In my opinion a person is a natural born citizen if he or she is granted citizenship either at birth or at the age of majority by the United States government. And has never been required by the United States government to become
“naturalized” or take the oath of citizenship. This seems to me to be a straightforward and logical understanding of the term. If you are presumed to be a U.S. citizen at your birth, and no government entity says otherwise, then in fact you are.If someone emigrates from another country to the United States, and wishes to become a citizen, that person must enter a legal process culminating in taking the oath of citizenship and being “naturalized.” This is why for example the current Governor of California cannot
claim “natural born” status and become the President of the United States. He was born an Austrian. He emigrated here. He sought citizenship. And he was “naturalized” in a ceremony conducted by United States officials.And there is also in the United States the use of Common Law as a part of our judicial system. Most of the time the law is codified by us, but in fact there are traditions and understandings which have not always been codified. My point here is that for example if you have a right of way from your property across another person’s property to a road, that person after a specified period of time (dependent upon a particular state’s statutes) cannot suddenly decide that you cannot cross his property anymore to get to the road. It is presumed after a certain period of time that this right of way is a right that you retain since he did not protest your crossing his property for years.
These are the two bases upon which I have rendered my decision. Even if some or all of the scenarios to which these concerned citizens have pointed regarding Mr. Obama’s citizenship are true, two facts remain. The United States government has never required Mr. Obama to take the oath of citizenship, or even to render a decision at the age of majority between having U.S. citizenship and Kenyan citizenship, or U.S. citizenship and Indonesian citizenship. And he has lived here and been reared and educated as a U.S. citizen. It would seem to me that 47 years is a sufficient amount of time to have lived here as a U.S. citizen, with no government entity challenging it, for us and for Mr. Obama to presume that he is a natural born U.S. citizen.
Whether through clerical error, or bureaucratic malfeasance, or simply because it is actually true as was stated on October 31, 2008 by the Director of the Health Department for the State of Hawaii, that he was in fact born in Hawaii on August 4, 1961. Barack Hussein Obama II has been presumed by the United States government itself to be a natural born citizen of the United States for 47 years.
It issued him a Social Security number and a passport, obviously accepting his Hawaiian birth certificate without requiring a team of forensic scientists to examine it. He has lived in the United States as a U.S. citizen for his entire adult life. He has been not only a de facto U.S. citizen, he has been a de jure U.S. citizen. A citizenship conferred upon him by the United States government at his birth, and never questioned by any court, or executive branch official for 47 years. The United States government itself accepted his natural born citizenship when it issued him a passport without requiring him to take the oath of citizenship in a ceremony like all other immigrants to this country.
Therefore, as the Presidential Elector for the 6th Congressional District of North Carolina it is my Constitutional determination that Barack Hussein Obama II is a natural born citizen of the United States, and is qualified to become the 44th President of the United States of America. I will cast my Electoral College vote accordingly on December 15, 2008.
Sincerely,
Wayne Abraham
December 5, 2008
SCOTUS Blinks
The media blackout on this is stunning to me. Nothing on POTUS 08 on XM, Fox and CNN full of discussion about the The Three Big Beggars on capital hill and the sentencing of OJ. But the Supreme Court reviewing a case that could potentially cost Obama the presidency? Not so much.
By declining the case in conference, the Court has perhaps definitively closed down this route of attack on Obama's presidency. The case would now have been submitted to the court twice, rejected first by Justice Souter, then reviewed by the entire court in conference on the referral of Justice Thomas and rejected again. While the request for an emergency stay could be submitted again to another Justice, having been now rejected by the full court, it seems unlikely in the extreme that further attempts would be fruitful.
What I would give to have heard the deliberations of the court and their rationale for declining to take up this case. Judges are supposed to be wise, so perhaps today we have witnessed the wisdom of the Supreme Court in refusing to place itself at the center of a profound constitutional crisis that would have caused turmoil and conflict across this country and indeed across the globe itself. SCOTUS blinked.
November 20, 2008
Obama Is Not Black
October 17, 2008
Obama v. McCain Round III Reflections
McCain lost this debate decisively, and for the first time, I think Obama clearly won it. Debate #1, Obama held his own, got it called a draw and that equated to a win. Debate #2, a shaky performance but no lost ground, again ruled a draw and equates to a win in effect for Obama. This time, he actually won the debate.
Why did he win? Because he for the most part gave coherent answers that would appeal to moderates and independents, as well as his democratic base.
McCain the entire night delivered attacks against Obama that are red meat for the conservative base, but will not snag independents and moderates. All night long, I felt like he was talking in base shorthand.
I actually thought Obama was baiting him, enticing him to bring the Ayers attack, which McCain took forever to get to even when the moderator offered up the opportunity with his opening question. When he finally did get to it, it was clumsily executed, as were many of the hits.
People want to hear the parameters of the candidates policies, not just the ideological engine that drives them. McCain’s centerpiece on education for example; Vouchers, a reasonable enough and reliable tried and true republican, conservative idea on addressing failing public school systems. In my own opinion, its a half measure, and the truly effective, conservative policy approach was actually championed by….Obama! in the form of charter schools (competition, accountability). McCain tossed them out as an aside, Obama elaborated on that a bit. On healthcare, Obama spent more time explaining McCain’s plan than McCain did.
On many points, McCain enthusiastically extolled the conservative ideological point of view, but almost always expressed in base shorthand, easily understandable to the likes of conservatives, but not nearly explanatory enough for moderates and independents who are not of the same bent and want some elaboration.
The “I’m not Bush” line was great. Too little, and way too late. The Ayers and Acorn attacks, delivered in base shorthand, no detail, no narrative, clumsy, lacked impact (for the base, moments to cheer maybe, but not for anybody else).
Demeanor wise, McCain seemed agitated and tight and once or twice annoyingly snarky. Obama seemed calm, loose, prepared and was not shaken much out of that the whole night.
While McCain had more energy in this debate, he communicated in way too much base shorthand and he devoted too much time to attack angles that don’t net independents and moderates. When he was not making that mistake, he was at several points totally squandering attack lines or pivoting from one subject to the attack in very clumsy ways that robbed several attacks of their force and made him appear, dare I say it…wait for it, wait….erratic.
Another dynamic which I don’t think helps him in how he comes across is that he doesn’t like Obama and believes him to be an upstart, untested pup and poseur who has the audacity to offer himself in opposition to McCain as though he were an equal (I suspect Hillary felt the same). That feeling is there and it colors the way McCain debates Obama and causes him to be dismissive of Obama’s rebuttals in a shorthand way, instead of absorbing them and then systematically dismantling his arguments. He doesn’t think he should have to. The problem is, he does, because the base accepts the shorthand explanations, moderates and independents don’t and he can’t win with the base alone.
A better performance for McCain. Problem was, Obama brought his best debate game tonight and if Obama’s lackluster performance in debates #1 and #2 were regarded as Obama wins based on the polling afterwards, I predict this one will poll as an Obama blowout over the next several days.