NSA spying goes to court

Today a judge will hear arguments in an ACLU lawsuit against the NSA's warrantless eavesdropping program.

The suit in Detroit, like one filed in New York by the Center for Constitutional Rights, asserts that the NSA's eavesdropping program has violated free-speech and privacy rights and has had a chilling effect on the communications of potential surveillance targets.

The major problem with this suit will be the Catch-22 of "standing". Before a plaintiff can sue, they usually have to show that they were affected by the behavior in question, or that they're otherwise qualified to speak for affected parties.

The problem is that the NSA (for obvious reasons) has refused to say who it is monitoring. So a judge may dismiss the suit because the ACLU cannot show it is affected.

The ACLU is trying to get around that by saying the mere existence of the program affects it:

None of the plaintiffs have offered proof they were spied on. Rather, they maintain that the simple existence of the program has impeded their ability to perform their jobs as journalists and lawyers.

"The program is causing concrete and specific injury to plaintiffs and others," the ACLU said in a motion in March, asking U.S. District Judge Anna Diggs Taylor to declare the program illegal and to order its immediate halt.

A brief by Ann Beeson and other ACLU attorneys said the program was disrupting plaintiffs' ability "to talk with sources, locate witnesses, conduct scholarship, engage in advocacy and engage in other activity protected by the 1st Amendment."

The ACLU attorneys contend that because President Bush and several Cabinet members, including Atty. Gen. Alberto R. Gonzales, have publicly acknowledged the existence of the program, Taylor has sufficient evidence to rule on the legality of the program without further fact-finding.

It's worth a try. It seems to me, though, that in important cases like this there should be available a broader form of standing, one that allows a court opinion to be rendered without requiring proof that the plaintiff has been specifically targeted. It would be a class-action suit of sorts, following the logic that "we're all affected by this program, either directly or indirectly, so we all have standing to question it."

Meanwhile, Arlen Specter is keeping the issue alive in Congress, threatening to subpoena phone company executives if the administration doesn't start cooperating.

"If we don't get some results, I'm prepared to go back to demand hearings and issue subpoenas if necessary," Pennsylvania Sen. Arlen Specter told CNN's "Late Edition."

Tough words, and it goes nicely with his assertion that there is "no doubt" the program violates FISA -- which should be blindingly obvious. I approve of his proposed solution: that Bush let the FISA court decide if the program is constitutional. That addresses both security and constitutionality concerns.

But since Bush has not traditionally liked restrictions on his ability to do as he pleases, and since he has asserted the "inherent authority" to conduct such surveillance, I don't expect him to suddenly submit to the judiciary's authority.

If that happens, I expect Specter and others in Congress to hold the administration accountable. The country is not served by Congress rolling over, or shrugging and saying "well, we tried." One way or another, the legality of the NSA program needs to be settled. And if the administration is unwilling to cooperate in that endeavor, then it is time for Congress and the courts to exercise their constitutional obligations and begin acting like the "checks and balances" they were designed to be.

Update: The Washington Post covers the hearing.

eavesdropping, terrorism, Specter, NSA, politics, midtopia

New concerns about Iran's secret nuclear program

United Nations inspectors are raising fresh concerns about a secret Iranian nuclear program.

Fresh evidence has emerged that Iran is working on a secret military project to develop nuclear weapons that has not been declared to United Nations inspectors responsible for monitoring Iran’s nuclear programme.

Nuclear experts working for the International Atomic Energy Agency in Vienna are pressing the Iranians to make a full disclosure about a network of research laboratories at a secret military base outside the capital Teheran.

The project is codenamed Zirzamin 27, and its purpose is to enable the Iranians to undertake uranium enrichment to military standard.

The evidence is not conclusive yet. But let's connect some dots.

Suspicions have been growing that Iran has a secret military nuclear research programme since UN inspectors discovered particles of enriched uranium at a research complex at Lavizan, a military base on the outskirts of Teheran, in 2003.

The Iranians agreed to allow IAEA inspectors to visit the Lavizan complex but then razed it to the ground before the inspectors arrived.

Gee, that's not suspicious at all. Next dot:

The Zirzamin 27 operation is thought to be being supervised by Iran’s Revolutionary Guards under the direction of Mohsen Fakhrizadeh, the head of Iran’s Modern Defensive Readiness and Technology Centre, a top-secret military research site.

Why is this peaceful program being run by the military in a top-secret facility?

One more dot:

According to reports being studied by IAEA officials, scientists working at Zirzamin are required to wear standard military uniforms when entering and leaving the complex to give the impression they are involved in normal military activity. They are only allowed to change into protective clothing once inside the site.

Special attention has also been given to developing specialised ventilation systems to make sure no incriminating particles of radioactive material are allowed to escape.

A top-secret facility that is going to great lengths to hide what they're doing.

Why would Iran do that if their goal is the legal development of civilian nuclear power?

These allegations are as yet unproven, so don't jump to conclusions just yet. But the weight of evidence is against the Iranians. Their behavior simply doesn't square with their claims of peaceful and legitimate intentions.

Update: On the optimistic side of the ledger, Iran has formally accepted parts of a Western diplomatic offer. It was a very qualified acceptance, but depending on how the details shake out it could be the start of a productive agreement. The big questions will revolve around enrichment programs and fully revealing whatever secret efforts it is pursuing.

nuclear, Iran, politics, midtopia

Media finally picks up Coulter story

And Ann Coulter finally responds to the charges -- on Hannity and Colmes.

COLMES: You're talking about godless liberals not having values, not being values people. In light of that you've been in the news a little bit lately, accused by election supervisor Arthur Anderson in Palm Beach of voting in the wrong district and not answering a registered letter that they sent to you. And they say that you might have committed a felony. So could you address those charges and tell us what happened?

COULTER: I think the syphilis has gone to their brains.

COLMES: Is that what it is?

COULTER: Yes.

COLMES: Did you knowingly vote in the wrong district?

COULTER: No..... No. I live in New York. And I'm not going to tell you anymore about where I live, Alan. ....

COLMES: You didn't knowingly walk into the wrong district?

COULTER: Correct.

COLMES: And did you -- is there a reason you didn't respond to the authorities when they sent you a registered letter?

COULTER: This is all false, I'm telling you. You've got -- I mean, the "Treason Times" may hate America, but they're at least accurate. When you go to the bush-league newspapers, you get all the venom of the New York Times, but they're all retarded.

Perhaps we can add "paranoid schizophrenic" to Ann's curriculae vitae. She certainly seems detached from reality, considering the documentation supporting the allegations against her: Palm Beach property records, voter-registration forms and voting records.

Meanwhile, the Palm Beach Post has editorialized on the topic, and a crime blogger has weighed in on the evidence -- and found it pretty solid. Beyond voter fraud in Palm Beach, Coulter may also be guilty of falsely claiming a homestead exemption, and of voting in two places at once -- the second location being New Canaan, Conn.

Perhaps Coulter will become known as the Leona "taxes are for little people" Helmsley of politics. One can only dream.

Palm Beach, Coulter, politics, midtopia

Three deaths at Gitmo

After four years of being jailed without charge, and multiple attempts by various prisoners, three inmates at Gitmo finally succeeded in hanging themselves over the weekend.

That might be controversial enough; I'll get into the basic implications of the deaths a little later. But the U.S. stoked the flames of world outrage by dismissing the suicides as a "good PR move."

The suicides by hanging of the three men, two Saudis and one Yemeni, on Saturday sparked renewed calls from foreign governments and human rights groups for the military facility to be closed or moved.

About 465 foreign nationals are being held there without charge, some for almost four years. Yesterday, however, Colleen Graffy, a senior State Department official, dismissed the suicides as a “good PR move to draw attention” and “a tactic to further the jihadi cause”.

The camp commander described the men as dangerous extremists would go to any lengths to become martyrs. “They are smart, they are creative, they are committed,” Rear Admiral Harry Harris said. “This was not an act of desperation, but an act of asymmetrical warfare waged against us.”

I cannot imagine a dumber thing for us to say. There may be a kernel of truth there, the idea that some extremists are willing to die in order to advance their cause. But all the suicides do is call renewed attention to the embarassment that is Gitmo. The real damage is that the "They died? Oh well" response suggests to the world that we couldn't care less about prisoner rights or safety. It suggest that we follow certain guidelines for prisoner treatment not out of conviction but because we are expected to.

To our credit -- though too late -- cooler heads quickly backpedaled from those initial remarks:

Deputy Assistant Secretary of Defense for Detainee Affairs Cully Stimson, speaking to BBC radio, distanced himself from the statements.

"I wouldn't characterize it as a good PR move. What I would say is that we are always concerned when someone takes his own life. Because as Americans, we value life, even the lives of violent terrorists who are captured waging war against our country," he said.

In the aftermath of the earlier statements, Stimson's remarks sound like so much spin.

On the one hand, it's possible to read too much into the "PR stunt" line: that defense was offered by relatively junior officials, and then contradicted by more senior officials.

But it reveals an attitude held by at least some of the people responsible for guarding and protecting prisoners and waging the fight against terrorists. It also seems to expose a curious laissez-faire attitude on the part of the Bush administration's publicity machine. When something as momentous as three prisoner deaths occur, why did they leave the response to such junior officials? Especially junior officials who had apparently not been briefed on what to say? Where was Bush? Where was Rice? Where was Rumsfeld?

Other than the damage done by such rhetorical foot-shooting, what do the deaths mean? Well, I've long said that Gitmo is an indefensible legal and moral catastrophe, and argued that the prisoners either need to be charged with crimes, labeled as POWs or released. I've also said that the existence of Gitmo does us more harm than good, and should be shuttered for that reason alone.

The deaths don't change that. They may highlight the unAmerican injustice going on there; they may speak to the increasing hopelessness of the prisoners; they may (and have) fueled renewed outrage and pressure to close the facility. But Gitmo should never have been opened for the reasons it was, or operated in the manner it has been. No amount of "humane treatment" makes up for creating a deliberate legal limbo in which human beings can disappear for years at a time. No amount of "administrative review" makes up for such clear proof that the rule of law is only for those people that we say it's for, rather than a deeply held principle that we apply to everyone accused of wrongdoing.

The deaths don't change the debate. They simply point out, in ever starker terms, what made Gitmo a bad idea in the first place.

Shut it down.

Stimson, , Harris, terrorism, Gitmo, Guantanamo, politics, midtopia

Hamas urges "unity"

Hamas, faced with a deadline today to accept Israel's right to exist, called off its truce with Israel and urged that a proposed referendum be called off:

Haniyeh called for Abbas to back down for the sake of Palestinian unity.

Unity; that's a good one. Note to Hamas: Unity is easy to achieve. Simply respect the will of the people as expressed in a referendum.

Abbas brushed off the request, and is expected to make a Saturday announcement establishing a referendum on July 31.

In yet more evidence of Hamas' troubled position, there's this gem:

Haniyeh said [the referendum] had "no legal and constitutional basis" and urged Palestinians to stop debating the issue.

"Please, folks, just shut up and stop putting us in a tight spot."

Seriously, folks, if this works and Palestine formally recognizes Israel, Abbas may deserve a Nobel. This is gutsy politics. Self-interested, true, but game-changing.

Palestine, Hamas, Abbas, politics, midtopia

Zarqawi 0, 500-lb. bombs 1

As everyone in the world undoubtedly knows by now, a couple of F-16s took out Abu Musab al-Zarqawi, head of the al-Qaeda licensee al-Qaeda in Iraq.

The bombing of the house Zarqawi was hiding in also killed his spiritual advisor, Abu Abdul-Rahman al-Iraqi, plus three women and three men. Initial reports that a child was killed appear to be incorrect.

This is unequivocally good news. It does not justify the invasion of Iraq, nor is it likely to have a major effect on the insurgency. But Zarqawi was a fanatic and extremely violent opponent, willing to murder civilians and foment civil war in his efforts to drive out foreigners and Shiites alike. The world is a better place without him in it.

On a practical level, this is a morale boost for our forces. Whatever disruption his death causes will affect the foreign jihadi arm of the insurgency -- the one largely responsible for suicide attacks and indiscriminate attacks on civilians. And the nature of his death -- an attack guided by intelligence from members of the insurgency -- will have those jihadis looking over their shoulders, wondering whom they can trust and if they're next.

Contentions that Zarqawi is merely a symbol or a product of American propaganda are partially correct, in that he had waning influence among the native Iraqi insurgency. But such criticism ignores two things: his direct involvement in some of the bloodiest acts of violence, and his role in stoking sectarian war -- a legacy that will long outlive him. The LA Times has a good exploration of that legacy here.

Goodbye, good riddance. Let us hope his unmourned death changes things for the better in Iraq.

terrorism, Iraq, Zarqawi, politics, midtopia

Estate tax stays unrepealed

The fight's far from over, but for now the Republicans are unable to permanently kill the estate tax.

Voting 57 to 41, with only a few lawmakers crossing party lines, the Senate was three votes short of the number needed to end debate on the bill, dooming it on procedural grounds. The vote all but killed hopes at the White House and among Republicans on Capitol Hill of eliminating the tax on large estates, which under current law would be phased out by 2010 but would return in 2011.

Republicans are now debating whether to give up on their goal and attack Democrats in the coming midterm elections as obstructionists on a measure that they say has considerable support, or settle for a bipartisan measure that would stop short of eliminating the tax entirely.

I strongly encourage the Republicans to try the former route. That way they can make political hay out of it and see how far they get. More importantly, it would eliminate any chance that the repeal passes this year.

Let me repeat my main point regarding the tax: If you're going to eliminate $100 billion a year in tax revenue, there are all sorts of better things to spend that money on -- fixing the Alternative Minimum Tax, for example. Better yet, keep the tax and pay down the deficit.

Tangentially, Bill Frist is now for 0-for-2 an the wedge issue votes -- estate tax, gay marriage -- that were supposed to grease the skids of his presidential campaign. Maybe he'll realize that voters are far more concerned about real issues -- as nicely spelled out by Molly Ivins.

estate tax, Frist, Ivins, politics, midtopia

Delay goes bye-bye

In a development overshadowed by Zarqawi news, Tom DeLay gave a fiery resignation speech on the floor of Congress yesterday, presaging his formal resignation today.

"Given the chance to do it all again, there's only one thing I'd change," DeLay said in a defiant retirement speech on the House floor. "I'd fight even harder."

Fight even harder for what? Raw partisanship? $490,000 in personal payments from lobbyists? Turning K Street into an arm of the GOP? The rebukes by the House ethics committee?

Yeah, lots to be proud of there.

It's also interesting to note that DeLay is moving his official residence to Virginia -- an acknowledgement that he hasn't been a Texan for a very long time. This is a common occurrence among long-tenured politicians, who spend more time in Washington than "back home". But at a time when the GOP still tries to style itself as the "outside the beltway" party, it's past time to recognize that their leadership, like the Democrats', is very much inside the Beltway.

Meanwhile, Texas Democrats have sued to keep DeLay on the ballot, despite him moving to a different state.

That may sound silly and unsporting at first glance, and it is. But it's part of a complex dance initiated -- unsurprisingly -- by DeLay. By resigning in June rather than earlier Delay gets a chance to choose his successor, rather than leave it to the vagaries of the primary process. So he's trying to game the system.

The Democrats are gaming it right back, saying Texas law does not allow the Republicans to replace him on the ballot unless he clearly is unqualified to hold office. At the very least the lawsuit delays the naming of a replacement, which robs the eventual GOP candidate of crucial time for campaigning and fundraising.

That may be good political strategy, but the Dems should drop the suit. The GOP ought to have the right to run anybody they wish; the primary is a party function, not an order that must be followed. And who knows when the Democrats will find themselves in a similar situation?

Goodbye to Tom DeLay, and good riddance. But let the contest to replace him be fair and open.

Tom Delay, Texas, politics, midtopia

Another reason I'll vote for Ramstad

I've posted before about why I like my Representative, Jim Ramstad, despite his being associated with a Republican Party that I think deserves to lose big in November.

Well, here's one more reason.

When Minnesota Republican Jim Ramstad heard that a friend in a drug-induced state had been in a late-night car wreck, he did what he said any friend in recovery would do: He reached out to help.

The friend was Democratic Rep. Patrick Kennedy, the Kennedy family scion from Rhode Island. After a high-profile political dust-up in Washington, Kennedy underwent 28 days of treatment at the Mayo Clinic in Rochester, where he was released last week.

Ramstad visited him four Saturdays in a row, and agreed to sponsor Kennedy's recovery, accompanying him to recovery meetings and staying in regular contact.

Why? One reason is that Ramstad has been there:

t's the same way Ramstad recovered from alcohol addiction 25 years ago, after he woke up from an alcoholic blackout in a jail cell in Sioux Falls, S.D.

But it goes beyond that:

Ramstad has also stuck up for Kennedy politically, warning Rhode Island Republicans and others that calls for Kennedy's resignation would be a "slap in the face" of all recovering addicts like himself.

Kennedy plans to stay in office and face the consequences of the legal case before him. Ramstad has offered to be at his side during the judicial proceedings.

Amen.

drug abuse, addiction, Kennedy, Ramstad, politics, midtopia

Aargh

One of the biggest news event of the Iraq war happens yesterday, and Blogger is down during my posting window. There are no words to describe that sort of frustration.

Everything seems to be working now, so let's get started.

politics, midtopia

Bilbray wins in San Diego

The GOP candidate narrowly won the race to replace disgraced Rep. Randy Cunningham.

Lobbyist and former representative Brian Bilbray squeezed out a victory over Democrat Francine Busby in the heavily Republican district in San Diego County, but only after the National Republican Congressional Committee (NRCC) spent about $5 million and the Republican National Committee (RNC) helped organize a voter turnout operation staffed by more than 150 to 200 volunteers.

With more than 90 percent of the vote counted, Bilbray had 49.5 percent to Busby's 45 percent. The special election was the marquee contest on a day when eight states held contests, including notable gubernatorial primaries in California, Alabama and Iowa and Senate primaries in Montana and New Jersey.

The slim margin of victory is notable, because the district was considered safely Republican before Cunningham's resignation and the GOP's national troubles.

I had a separate problem with Bilbray: he's a living example of the revolving door between Congress and lobbyists. But apparently that didn't faze San Diego voters.

Elsewhere, disgraced former Judge Roy Moore lost his gubernatorial bid in Alabama. Wait, was that a tear in my eye? Nope, my mistake.

Busby, Bilbray, San Diego, politics, midtopia

Estate tax still on the table

Seanate majority leader Bill Frist, his presidential aspirations in tatters and aflame, has been trying to resurrect his hopes by addressing such pressing issues as gay marriage and the estate tax.

The former is doomed to defeat, as even supporters acknowledge, which exposes the "red meat for the base" motivation behind bringing it to the floor for a vote. But the latter is still alive.

GOP leaders on Tuesday put abolition of the federal estate tax on the Senate's election-year agenda as other senators weighed ideas to shrink, but not erase, the tax.

President Bush's tax cuts eliminated the estate tax in 2010, but that temporary law expires, and the tax comes back to life, one year later.

I always admired this cute provision, designed to mask the budget implications of repealing the estate tax while increasing the political pain of letting it be restored. It has done one thing, though: it's forcing Congress to find a more palatable permanent fix.

At least the discussion is moving away from outright repeal and toward some sort of compromise:

Kyl told other GOP senators Tuesday that common ground might be found by increasing the size of an estate exempt from taxation to $5 million per person or $10 million per couple, according to GOP aides familiar with the proposal speaking on condition of anonymity while negotiations continued.

His idea would tax estates between $5 million and $30 million equal to the top tax rate for most capital gains. The remainder of the largest estates would be taxed at 30 percent, those aides said.

That's better than an outright appeal, but I still have two reservations. One, how much will this reduce tax collections? And two, my main philosophical objection remains. Why this tax cut, and why now? There are at least two budget problems more pressing than the estate tax: the Alternative Minimum Tax, and the yawning budget deficits. The estate tax cut will make solving the other two even more difficult, and that just reveals majorly screwed up priorities. However unfair you think the estate tax is, the AMT is even more unfair. And on a purely practical level, the AMT increasingly affects people who need the money, unlike the estate tax. And the deficit is a bouquet of dead roses that we're passing on to our children, regardless of their ability to pay.

Congress needs to prioritize, and shelve the estate tax until they address more pressing concerns.

Update: As expected, the Senate has rejected the gay-marriage ban.

gay marriage, estate tax, Frist, politics, midtopia

Abbas give Hamas more time

Palestinian President Mahmoud Abbas gave Hamas more time to respond to his demand that it recognize Israel's right to exist.

Abbas had set a Tuesday deadline for Hamas to embrace the manifesto on Palestinian statehood but delayed a showdown after what officials said were appeals by Arab leaders. Abbas gave Hamas another 48 hours.

I hope this is just a breathing space, and not a sign that Abbas may back off from his threat to call a referendum. The threat was a bold move, designed to shift the debate and try to resolve the growing crisis within the Palestinian Authority; Abbas cannot afford to have it exposed as a bluff -- or worse, to show that he can be cowed.

on the positive side, while some Hamas-Fatah fighting continues, Hamas has agreed to pull its private militia off the streets of Gaza.

Of course, it did the same thing last week and the militia remained. So time will tell if they mean it this time.

Abbas, Hamas, Palestine, politics, midtopia

It just might work

Words are cheap, of course, but Iran has reacted somewhat positively to a package of incentives designed to get it to give up its nuclear ambitions.

The package, agreed on in Vienna on Friday, includes specific rewards to Iran like new commercial planes and light-water nuclear reactors if it suspends enrichment and reprocessing activities while talks over the deal are continuing, the officials said. But it does not say just how long the suspension would last, they added.

The United States gave crucial heft to the package by offering to remove certain economic sanctions against Iran that date from more than two decades ago, and to talk directly with Iran if the country agrees to an enrichment freeze.

It's always kind of irritating to reward a country for behaving badly, but the proposals here are reasonable. The question now is whether Iran is willing to give up its enrichment program under any circumstances, or whether this is simply another stalling tactic.

I hope it works; I've got my fingers crossed and everything. But it's far from a done deal.

nuclear, Iran, politics, midtopia

Brokeback Mounties

Sorry, couldn't resist the play on words.

A couple of gay Canadian Royal Mounted Policemen are getting married, a first for the storied force.

When the two constables become the first male Mounties to marry each other, the grumpiest witness-from-afar might well be Prime Minister Stephen Harper. The planned union of Jason Tree and David Connors in Nova Scotia on June 30 has cast a spotlight on Harper's pledge to his conservative backers to try to roll back same-sex marriage laws.

Harper's misgivings aside, this is just one more example of the inevitable tide of equal rights for homosexuals. Canada has same-sex marriage and it hasn't wrecked the country; Massachusetts has same-sex marriage and the state is doing just fine, thank you.

I respect people who truly, thoughtfully think homosexuality is a sin. But that's a personal value, like deciding to be a vegetarian or a pacifist. Religious belief is not sufficient basis for denying basic rights and privileges, just like it would be wrong for vegetarians to use the law to compel the rest of us to be vegetarians, too.

Good luck to the two Mounties, and may the day quickly come when no one feels that someone else's marriage is any of their business.

Canada, Mounties, gay marriage, politics, midtopia

Abbas-Hamas showdown

A week ago, Palestinian President Mahmoud Abbas challenged Hamas to accept a statement implicitly recognizing Israel.

Yesterday, Hamas refused.

Today, Abbas vowed to push ahead with a referendum -- a referendum that Hamas is likely to lose.

We're headed toward some type of resolution here -- be it Abbas backing down, Hamas backed into a corner by voter-approved recognition of Israel -- or civil war.

Abbas, Hamas, Israel, Palestine, politics, midtopia

We don't need no stinkin' Convention

The much-anticipated new Army regulations on interrogation are due out soon, and apparently they're going to decide to ignore the Geneva Convention in some cases.

The Pentagon has decided to omit from new detainee policies a key tenet of the Geneva Convention that explicitly bans "humiliating and degrading treatment," according to knowledgeable military officials, a step that would mark a further, potentially permanent, shift away from strict adherence to international human rights standards.

The decision could culminate a lengthy debate within the Defense Department but will not become final until the Pentagon makes new guidelines public, a step that has been delayed. However, the State Department fiercely opposes the military's decision to exclude Geneva Convention protections and has been pushing for the Pentagon and White House to reconsider, the Defense Department officials acknowledged.

Good for the State Department. They understand something that the Pentagon apparently does not: that moving away from the Geneva Convention as the basis for prisoner treatment will be a gigantic PR disaster and eventually lead to problems when our own troops are captured. As the story points out:

President Bush's critics and supporters have debated whether it is possible to prove a direct link between administration declarations that it will not be bound by Geneva and events such as the abuses at Abu Ghraib or the killings of Iraqi civilians last year in Haditha, allegedly by Marines.

But the exclusion of the Geneva provisions may make it more difficult for the administration to portray such incidents as aberrations. And it undercuts contentions that U.S. forces follow the strictest, most broadly accepted standards when fighting wars.

"The rest of the world is completely convinced that we are busy torturing people," said Oona A. Hathaway, an expert in international law at Yale Law School. "Whether that is true or not, the fact we keep refusing to provide these protections in our formal directives puts a lot of fuel on the fire."

And all for what? Do they really think that "humiliating and degrading treatment" will lead to intelligence breakthroughs? The example cited -- questioning a suspect's manhood -- sounds benign enough, but doesn't really justify a wholesale exception to the Conventions. The collateral damage done just isn't worth the intelligence advantage gained.

It's a tough job, trying to draw a clear bright line through the murky business of interrogation. But abandoning even part of the Conventions is the wrong way to go. Humane treatment of prisoners is just one more way we distinguish ourselves from our enemies; by abandoning that practice, we take one more step down the road of becoming that which we fight.

Geneva Convention, terrorism, interrogation, Pentagon, torture, politics, midtopia

The low-tax religion

Gov. Tim Pawlenty got enthusiastic support from Minnesota Republicans in his bid for a second term, easily snagging the party's nomination.

I don't mind Pawlenty running again. He's been a modestly competent governor, and his refusal to renew his "no new taxes" pledge shows he's capable of learning. Although the opening of his speech gives me pause for its raw partisanship:

"I can tell you what your worst nightmare is," he told the 1,072 delegates. "It's one of the big-spendin', tax-raisin', abortion-promotin', gay marriage-embracin', more welfare without accountability-lovin', school reform-resistin', illegal immigration-supportin' DFL candidates for governor who thinks Hillary Clinton should be president."

Retch.

That aside, what bothers me is all the self-congratulation over lowering Minnesota's tax burden.

The delegates jumped to their feet and cheered again when he cited a report that showed Minnesota's tax ranking has fallen to 16th-highest in the nation, the lowest in 50 years.

What they're referring to is this report, issued last week.

I don't like paying more taxes than necessary. But I'm really getting irritated with the belief among some conservatives that low taxes are some sort of absolute good in and of themselves. They're not. Taxes serve a purpose, providing important societal services that for one reason or other don't lend themselves to privatization. Low taxes are great if it means we're providing those services efficiently; low taxes are a problem if it means we're providing those services shoddily or not at all.

To see what that means, just look at what the lowest-tax states in the union are: In order, they are Alabama, Mississippi and Arkansas. Those states, not coincidentally, also have some of the worst public-school systems, fewest services, and the most social problems.

Do we really want to turn Minnesota into a northern version of Mississippi, simply so we can "enjoy" low taxes? I sure don't.

In the late 1990s, my wife and I lived in Florida. Florida brags about not having an income tax, but the state doesn't run for free: the trade off is that just about every government service comes with a fee or is funded out of property taxes -- one of the most regressive taxes available. That combined with a large retiree population means education spending, for example, doesn't really come close to matching needs. The result is overcrowded and underfunded schools. My wife and I looked around, and vowed not to have children as long as we lived in Florida. And we didn't.

High taxes are not an absolute good; they can be wasteful and, when they get too high, become a drag on the economy. But low taxes aren't an absolute good, either: they can exacerbate social disparities, increase crime and shortchange entire generations of citizens.

I've lived all over the country, and found that I prefer high-tax, high-service states: they're simply better places to live and raise families thanks to the investments they make in their citizenry. And I encounter far less of the "I've got mine" attitude that can be prevalent in low-tax states, especially retiree havens like Florida.

Thus the real question is not "how high are my taxes?" It's "what are we getting for the taxes we pay?" Taxes are too high if we're not getting enough bang for our buck, or we're paying for things that we as a society don't want; taxes are too low if we're not getting the services and social investment that we want.

So let's have a discussion about what we're willing to pay for and what we're not. But please, let's get away from the "low taxes are always good" religion. They're not, and phrasing the argument so simplistically can do real damage to the long-term quality of life here in Minnesota.

Pawlenty, tax burden, taxes, Minnesota, politics, midtopia

Coulter hires lawyer for vote-fraud case

After ignoring a letter from authorities asking her to explain why she voted in the wrong precinct earlier this year, Ann Coulter has hired a high-powered lawyer to handle the case.

The attorney from the Miami-based Kenny Nachwalter firm is no stranger to Palm Beach voting. Marcos Jimenez — who was, along with the more famous Olson, one of the lead attorneys who fought for George W. Bush's side in the 2000 presidential election snafu here — was assigned to Coulter....

"Mr. Jimenez asked us to send him all the correspondence we sent Ms. Coulter," deputy dlections chief Charmaine Kelly said.

Now that Coulter has lawyered up, there will be another delay in the ongoing saga.

Elections Supervisor Arthur Anderson gave Coulter until April 30 to explain what happened, but she has yet to answer his registered letters. Now with Jimenez, Kelly said, officials will wait "a few more weeks" before starting a procedure that could strip Coulter of her right to vote here and refer the case to State Attorney Barry Krischer for possible prosecution.

So to recap: After voting in the wrong precinct Coulter ignores queries from Palm Beach authorities until they threaten to sanction her, and then hires a lawyer to handle things.

The fun continues.

Palm Beach, Coulter, politics, midtopia

Privacy is a basic human need

Bruce Schneier at Wired magazine has a must-read discussion of the need to protect privacy.

Cardinal Richelieu understood the value of surveillance when he famously said, "If one would give me six lines written by the hand of the most honest man, I would find something in them to have him hanged." Watch someone long enough, and you'll find something to arrest -- or just blackmail -- with. Privacy is important because without it, surveillance information will be abused: to peep, to sell to marketers and to spy on political enemies -- whoever they happen to be at the time.

Privacy protects us from abuses by those in power, even if we're doing nothing wrong at the time of surveillance.

We do nothing wrong when we make love or go to the bathroom. We are not deliberately hiding anything when we seek out private places for reflection or conversation. We keep private journals, sing in the privacy of the shower, and write letters to secret lovers and then burn them. Privacy is a basic human need.

That's just a taste. Read the whole thing.

civil liberties, privacy, politics, midtopia