Musings about the important things in life - law, politics, music, racing, soccer, etc. - an "eclectic blend of miscellany"
Monday, October 31, 2005
Damn, That Was Ugly
As they say, wait 'til next year. At least I won't have to buy a new jersey next year with an added star.
From "Hand of God" to Argentina's Jay Leno
During each program, Mr. Maradona interviews one of his half-dozen guests, most of whom come from Latin American show business or sports, for a segment called 'Mano a Mano.' On his first show, it was his Brazilian rival Pelé, but on Oct. 17, using video tricks, Mr. Maradona interviewed himself and frankly discussed his drug use, his rehabilitation, an illegitimate child he fathered in Italy and his political beliefs.Too bad he seems to have fallen in love with Castro.
Friday, October 28, 2005
Scooter, We Hardly Knew Ye
If you're so inclined, you can read the indictment or the much briefer press release from the Special Counsel's office.
Oh, and the theme song for the day? Why, Zappa's "When the Lie's So Big," of course!
Thursday, October 27, 2005
My Kind of Judge
'The Fifth Amendment,' said O'Flaherty, 59, 'is an absolute protection against requiring the defendant to say or do anything in the course of a trial. . . . The Fifth Amendment means the defendant can sit there, not say or do anything, and at the end of the case say, 'Can I go home now?''I'm not quite sure he's right, but I admire his guts for standing up and making an unpopular decision that he thinks is correct. Not all judges have that kind of backbone:
No other judge in Fairfax -- or elsewhere in Virginia, as far as can be determined -- has joined O'Flaherty. But the judge said some other jurists have told him they agree with him. 'I had one judge tell me, 'I'd rule that way, but I don't have the guts to,' ' O'Flaherty said. 'I told him, 'You should be driving a truck.' 'Amen, Judge. You know, Dubya's looking for a new Supreme Court nominee - you want a new job?
Wednesday, October 26, 2005
If at First You Don't Succeed . . .
That has not been the case in Federal death penalty prosecutions. In such cases, if a jury cannot unanimously decide a defendant is to be put to death, he or she receives life in prison. Doesn't matter if it's 1 holdout or 11. This has apparently rankled some Congresspeople, as the House has slipped an amendment onto its reauthorization of the Patriot ACT that would allow sentencing retrials in the case of a hung jury. The bill is the brainchild of Republican John Carter of Texas (State motto: "We execute more people before 9:00 a.m. than the rest of the world does all day!").
Even if the change would pass Constitutional muster, it doesn't sound like a very principled thing to do. But don't take it from me:
Sentencing deadlocks in federal capital trials are not unusual. In a federal terrorism trial in New York in 2001, for instance, the government sought the death penalty against two operatives of Al Qaeda for their roles in the deadly bombings of two American embassies in East Africa in 1998. The jury deadlocked 9 to 3 in favor of death in both cases, interviews conducted by The New York Times later revealed.Mary Jo White, who was the United States attorney in Manhattan at the time, said the experience was frustrating. 'I respectfully disagreed with that jury,' she said.
But Ms. White said she opposed the provision in the House bill.
'I don't think the government should have two bites at that apple,' said Ms. White, who is now in private practice at Debevoise & Plimpton. 'There's something untoward about giving the impression that you're jury shopping for the death penalty.'
The bottom line is that the US is increasingly seeking the death penalty, even in states that don't have the ultimate punishment as part of their criminal law (like West Virginia), but aren't getting the verdicts they want. Maybe the proper response to that isn't to make it easier to line up more executions.
White House Declares War on Satire
Of course, to be fair, the site in question (thanks to a friend for the link) does look to be part of the actual White House site (lots of links go there), but the disclaimer that "This web site is not intended for viewers under voting age" should be a good indication that something is up. Unless Dubya cusses like a sailor during his radio addresses (or Cheney does it for him).
If the War on Terra is any indication, I don't think The Onion has anything to worry about from this attack.
But What About the Halftime Show?
While that sounds like a waste to me, I'm at least intrigued by their choice of artist to run the show: Peter Gabriel. If anybody can do a lavish visual spectacle that actually has some interesting musical bits, it's Gabriel. Hell, it would make the perfect stage for the much talked about Genesis reunion, wouldn't it? But aside from that, I can think of several tunes Gabriel could work into the show: a slightly reworked "Here Comes the Flood (of Goals);" depending on how the minnows are predicted to do, either "Downside Up" or "Mercy Street;" if Freddy Adu makes it into the US squad by Germany, maybe "Growing Up," unless he's having a spat with Bruce Arena, in which case "Come Talk to Me" would be more appropriate. And, of course, the whole thing must end with all the referees lined up for a rousing version of "In Your Eyes."
The soundtrack for the post was provided by, you guessed it, PG's very cool Growing Up Live DVD!
You Are There! Well, Not Quite . . .
I Picked the Wrong Field of Law
Friday, October 21, 2005
I Knew This Would Happen!
It involves a school district that, during a unit on Muslims, had the kids "adopt Muslim names and recite language from prayers." Not surprisingly, some Christian parents objected, arguing that this was "indoctrination" that "as seen through the eyes of vulnerable students, crossed the line into an unconstitutional endorsement of religion." Wait, you mean the same kids (California kids, at least) who are so strong and in control of their individual identities that they can stand being singled out for not saying the Pledge of Allegiance every morning?
The bottom line, according to the parents' attorney was "[t]he children were supposed to become Muslims. They were acting as a Muslim would act." And that's the rub, isn't it? That little Johnny Biblethumper will come home one day praising Allah. If that concerns these parents, why don't the worry that atheist or agnostic children might feel that they "were supposed to become Christians" and were "acting as a Christian would act?"
Is a little consistency too much to ask, people?
I Bet Irony Hurts
The author of a new state law that allows felony charges against owners ofMaybe the dog wasn't getting satisfaction from the normal political process?
dangerous dogs was hospitalized over the weekend after his own dog attacked him.
Wednesday, October 19, 2005
"And the things that we fear / Are a weapon to be held against us . . ."
Nevermind
Asked to confirm his name by the chief judge, Rizgar Mohammed Amin, a Kurd, Saddam Hussein refused.Wonder if the flags have the wrong fringe on them? Meanwhile, opinion on the trial in Iraq itself is, not surpisingly, mixed:
Amid some verbal sparring with the judge, the former Iraqi leader stated: 'I preserve my constitutional rights as the president of Iraq. I do not recognise the body that has authorised you and I don't recognise this aggression.
'What is based on injustice is unjust ... I do not respond to this so-called court, with all due respect.'
In Dujail [the site of the first alleged attrocity for which Hussein will be tried], a few demonstrators gathered in the main square chanting: 'Saddam Hussein should be executed, him and his whole family.'Change of venue, anybody?
But in the former leader's home town of Tikrit, supporters vowed loyalty to Saddam Hussein with a banner saying: 'We sacrifice our blood and soul for you, Saddam.'
Tuesday, October 18, 2005
Talk About a Tough Client
As for humanizing Saddam, I'm not sure I'm that good of an advocate. Not because of what he is charged with doing, but because every time I see the man I picture him in a lover's quarrel with Satan from the South Park movie!
This Is Just Ridiculous
Denver Nuggets center Marcus Camby and Charlotte Bobcats guard Brevin Knight said that if the league wants to institute a dress code that players should receive stipends or vouchers to offset clothing costs.Are you kidding me?!?! The minimum salary in the NBA for incoming rookies is $385,000. if you can't spend a little of that down at the local Big & Tall store to make your bosses happy, you're just a complete and abject loser.
Monday, October 17, 2005
Your War on Drugs
Tuck then went five days with no medical treatment and only ibuprofen for the pain, the attorney said.Tuck, 38, was still fitted with the urinary catheter when he shuffled into federal court Wednesday for a detention hearing Wednesday.
It gets worse:
U.S. Magistrate Judge James P. Donohue ordered Tuck temporarily released so he could be taken to a hospital for treatment. But by the time Donohoe issued his order, King County Jail officials had received a detainment request from Humboldt County, California, so Tuck was not released Wednesday, Hiatt said.Certainly sounds like a fine use of my tax dollars.
I've Never Had It This Bad (Not Yet, at Least)
[Judge Corrigan] and [Judge] Pollak also seemed infuriated by Olson's suggestion that it should be implicit in all health care contracts that they are deemed invalid if insurers later find out they don't have the statutory authority to provide that particular coverage.As for the sympathies of your adversaries:
'Have you got a case where that was actually the holding?' Pollak asked.
Olson said he didn't have one 'at the tip of my tongue.'
Olson then tried to compare Health Net's situation to that of a person trying to practice law without authorization. 'It's about whether you can continue to perform,' he argued.
Corrigan stopped Olson short and asked if he 'really wants to go down this road.'
A second or two passed, then Olson said, 'Excuse me, your honor,' before crumpling to the floor. Several spectators gasped, while others ran for help.
Terrence Coleman and Arnold Levinson, partners at Pillsbury & Levinson representing the lawyers' association, never got an opportunity to make their case. But afterward they said the justices' questions indicated that victory would be theirs.You think?
Sunday, October 16, 2005
Killing Hitler, Aborting Stalin
Yes, I oppose the death penalty. It's not particularly relevant to the office I'm seeking, as I'd have no choice under Virginia law but to impose that punishment when the law called for it. But I do, in principle, think that executing other human beings is immoral. In much the same way, I believe, sir, that you believe that abortion is the taking of a human life and thus immoral. So, Mr. GOP, would you have aborted Hitler or Stalin and spared the world their atrocities?There is no good answer to that question for a pro-lifer (it's sort of the equivalent to "when did you stop beating your wife?"). If he admits that he is principled enough to have not aborted Hitler or Stalin (who were, at that point, innocent, after all), it pretty much destroys the "soft on crime" angle on the death penalty. If he says he would have aborted them, than it shows him to be a hypocrite on basic moral issues, willing to bend his "principles" to certain cases. I think the fundies call that "moral relativism" and it's evil!!!
But that won't happen. Instead we'll just have to be content with the truth of my friend's comment to me: "Republicans can be such assholes . . ."
UPDATE: The Roanoke Times has this article on the controversy that gives a little more background.
Thursday, October 13, 2005
Sinister Footwear
You see, one of the rights a defendant has when going to trial is to not appear in front of the jury in a jail jumpsuit (either a lovely orange or the classic black/white in this area). That's assuming the defendant is in jail in the first place. Anyway, unlike the provision of an attorney at the expense of the state, defendants in that situation don't get a clothing allowance. So we sometimes have to scrimp to put together an outfit of "street clothes" for a client who goes to trial. One such gentlemen went to trial this week on counterfeiting charges. Unable to round up any shoes for him, I volunteered a backup pair of dress shoes to the cause. Hell, they've seen more time in court in the past two days than I have in three years!
Unfortunately, the verdict was guilty. I'm not sure what that says about the shoes.
Pot Still Makes You Stupid
A Hanover Township man was accused Tuesday of smoking marijuana inside the Luzerne County Courthouse. Nicholai Cinchock, 27, Brown Street, was observed by Deputy Sheriff Ryan Maye allegedly smoking marijuana inside the men’s restroom on the third floor.He was at the courthouse for a hearing on "unrelated" drug and theft charges. They're related in at least one way - I'm sure that one of the conditions of Cinchock's bond was to not use drugs! Thus, he's now spending time at the service of the state awaiting trial.
Only Eight Months 'til Germany
OK, Maybe There Is a God
Hallelujah! Can I get a witness?
Tuesday, October 11, 2005
Absence of the God
No creator God means no redeemer God, hence no need for Jesus to die for humankind on the cross. For evangelist Anne Graham Lotz, daughter of evangelist Billy Graham, who titled one of her many books Just Give Me Jesus, that would be the starkest tragedy imaginable.
'If you believe you evolved, you say your life is an accident, maybe even a mistake. You have come from nowhere. You are going nowhere, and your life has no eternal purpose. You don't belong to anyone, and you have no accounting to give to anyone.'
I've never quite grasped this argument. Believes certainly think that life is given meaning by God, doing Her will, and, hopefully, receiving Her gift of eternal life after death. But why does an absence of all that leave a life without meaning? I don't believe in any of that stuff, but find my life to be very meaningful. In fact, the thought that there is nothing beyond this life makes me value my time on the Earth all the more because that's all there is. If you only get one chance at life, you're more concerned with getting it "right" the first time, I think.
Champ Car's New Era
I'm not really a fan of that ideal, particularly for what bills itself as as top-level race series, but it has produced some really interesting racing. And now, Champ Car is ready to take the next step down that road with a purpose-built spec Champ Car. Cosworth V-8s will continue to provide power, but the chassis will be built by Panoz (nee Elan Motorsports Technologies). The new package will be lighter and narrower than the current cars and have a revised aero setup, to provide better passing opportunities. I wish they'd have taken some suggestions from a recent Racer magazine piece and rounded off some of the car's edges and widened the bodywork a bit, to help avoid cut tires and wheel-to-wheel contact. Nonetheless, it's a solid step forward for Champ Car. The car debuts for the 2007 season.
Monday, October 10, 2005
Free Speech or Friendly Skies?
This Sounds Familiar
Thursday, October 06, 2005
More Death in Oregon
In another commentary on the argument, Tom Goldstein over at SCOTUSBlog has this interesting note after watching Roberts in action:
Note to Rick Garnett and other states-rights conservatives: told you so; the federalism "revolution" was actually more of a "petty insurrection" and George Bush has now officially put it down with the change from Rehnquist to Roberts. Sorry
Suppose Scalia cries himself to sleep at night listening to "La Resistance Lives On" from this fine piece of satire.
And finally, for a more personal perspective on what's at stake, see this commentary in Tuesday's USA Today by the wife of a man who used the Death With Dignity Act to, well, die with dignity.
Same River, Different Planets
I Wonder If the ADA Covers This
In Denmark, prostitution and other forms of sex work are not illegal so long as it is not a woman's sole means of income.So you can only moonlight as a hooker in the land of Hamlet. Interesting.
How Did I Miss This?
Monday, October 03, 2005
And You Think F1 Is Expensive!
Rocket races will operate much like auto races, with the exception that the "track" is up in the sky. Courses are expected to be approximately two miles long, one mile wide, and about 5,000 feet high, running perpendicularly to spectators. The rocket planes, called X-Racers, will take off from a runway both in a staggered fashion and side-by side and fly a course based on the design of a Grand Prix competition, with long straight-aways, vertical ascents, and deep banks. Each pilot will follow his or her own virtual "tunnel" or "track" of space through which to fly, safely separated from their competitors by a few hundred feet.Seems to me like a two-mile course might be a little short for "rocket races," but what do I know?