QUOTOMATIC SELECTOR SAY: "There are some occupations that are stereotypically gay, but mechanical engineering isn't one of them."
Saturday, January 17, 2009 MORE GOLDBERG VARIATIONS. The recent Supreme Court decision in Herring v. United States weakens the exclusionary rule that forbids use of improperly obtained evidence in court. National Review's Jonah Goldberg doesn't know much about anything, but he knows what he doesn't like, and so emits a column that portrays the rule as a "get-out-of-jail-free card" for "the scum of the earth."
(He is eased in his task by a column by the Ole Perfesser that seems to defend the rule, but really just uses it as an opportunity to gripe about all the rules the rest of us are obliged to follow, the rebuttal of which extraneous argument allows Goldberg to also skirt the issue of the exclusionary rule's relevance to citizens who are not the scum of the earth, but nevertheless find themselves subject to fishing expeditions by cops and prosecutors looking to nail them for whatever they can find.)
Goldberg brags on his shoddy work at The Corner, inviting comment, some of which points out that weakening Fourth Amendment protections seems an odd mission for professed conservatives. Goldberg cheerfully responds that his illustrious National Review forebears also disliked the exclusionary rule, and Miranda warnings as well.
Understandably this doesn't satisfy his critics, and some direct his attention to the salient point. Now Goldberg has the option of bailing out, an option he frequently avails, but he's feeling bold and decides to tackle the issue head-on.
He begins by trimming shamelessly:
First, for the record, I'm not sure I would throw out every law and rule that falls under the heading of the exclusionary rule, never mind throw them out over night. I think Rehnquist was right to come around to supporting Miranda, for example. So I'm open to practical arguments about what to keep and what to reform or chuck in the garbage.
Apparently the scum of the earth, and the rest of us, yet have hope in the Republic of Jonah. He also seems dimly aware that other citizens have a right to these protections, and more keenly aware that he has to humorously minimize them in order to come out of this in one piece: "Cops shouldn't be able to kick down the doors of mattress-tag-rippers, even if they're sure of the perp's guilt."
Goldberg then wheels around from his walk-back and finds he doesn't have much left to defend, and is sufficiently dismayed that he resorts to tricks that have not worked well for him in the past. First he characterizes his opposition unflatteringly as lawyers and scriptwriters:
But lots of people, particularly defense attorneys, get very passionate about fudging the distinctions between justice and process. This sort of thinking is omnipresent in the culture, particulary on TV.
Maybe Goldberg has seen enough "Law & Order: We'll Get This Skel Yet" episodes to realize this is an unpropitious line of attack, so he turns to a poorly-thought-out metaphor:
It reminds me of complaints from teenagers who think their parents have "no right" to punish them if the mother or father found out about a particular transgression by invading their kids' privacy. If my kid shoplifts and I discover it by snooping around her room, the issue for discussion won't be the unfairness of my snooping, it will be what the appropriate punishment for her crime will be. Likewise, if a cop lacks the right paperwork...
So much for the nanny state! The denouement is, to paraphrase internet kids, an Epic Flail:
Now, of course, if a maximalist exclusionary rule is the only way to protect the rights of the innocent, then I'll hold my nose and take it. But I'm unconvinced. For starters, that argument pressuposes that every modern, just, society has an exclusionary rule. I know no such thing (but would like to be educated on the subject)...
Finally he retrenches to his original argument: "If a cop wrongly breaks down my door, I should be able to sue." Goldberg is clearly unaware that citizens can sue on those grounds. But, as actual libertarians never tire of reminding us, the high court has actually been making it harder, not easier, to win such cases. The energy has all been flowing in the direction of police discretion, which is why reasonable people worry about Herring.
Goldberg gives up and redirects readers to a colleague who argues that the exclusionary rule is itself the poisoned fruit of that dangerous radical Louis Brandeis.
The libertarian role in the future of the Sarah Palin party is clear.
2:35 PM by roy edroso
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Thursday, January 15, 2009 PLUMB CRAZY. The other day Joe The Plumber said, in so many words, that the media should not be allowed to cover wars, and was mocked for it. This calls for some first class spin. So The Plumber's handler, Roger L. Simon, reached out to JD Johannes, the normally reliable operative at Outside the Wire, who had expressed some annoyance at The Plumber's statement. "Evidently I've stirred a few things up," Johannes began his apology, and graciously updated his post.
Johannes says, "Roger gave me the back story," which was that The Plumber was mad, as any regular Joe would be if he were, like The Plumber, shipped off to Israel and put in proximity to people who made their living covering foreign wars. "An observer who is unfamiliar with the media battlespace would probably throw up his arms and say screw this, none of you should be here." You good people may not imagine you would react similarly when introduced to professionals in a field with which you were unfamiliar, but that just proves you're traitors. The Ole Perfesser pimps: "It seems that Joe’s remarks on war embeds were generally misunderstood," adding parenthetically, "Had said 'misreported' originally, but that wasn’t really right," a grudging acknowledgment that his client had been condemned out of his own mouth, and as if that had ever stopped the Perfesser before.
Later Simon and The Plumber made a YouTube for their many followers who can't read. The Plumber explained, "I came over here to talk to average Joes," and said that he was only talking about "the bad media, who seem to be agenda-driven," then explained who that was: "If you're gonna cover the war, cover it, don't sit there and just keep on talking 'the death toll, the death toll,' you know, 'Israel won't let us in there to cover it...'" So if you're one of those reporters who are interested in how many people died in a battle, or are inclined to let readers and viewers know that a country has blacked out your coverage, Joe isn't apologizing to you. "Let's hope you can be more objective than Reuters and AP when they publish those Hezbollah-doctored photos in the past," adds Simon, in case his auditors have forgotten why they were listening to a plumber talk about the war in Gaza. (The Ole Perfesser agrees: Rick Sanchez is arrogant!)
In case the pretense of reasonableness has not swayed some of the punters, Bill Whittle charges in with the shouters' edition. First he reiterates to the hometown crowd that The Plumber was not talking about two-fisted characters such as themselves: "I cannot imagine for an instant that Joe was referring to common citizens like J.D., Mike Yon, and Mike Totten who -- like me and like Joe himself for that matter -- are simply regular people called to try and fight back against the tide of bias and outright deception we see in the media." To underline the point, he catalogues the crimes of professional journalists. For instance, "TV crews don flak jackets and Kevlar helmets for a news segment, only to remove them the instant the cameras ceased rolling," in contrast to The Plumber, who as a regular-people foreign correspondent wears the same jeans-and-t-shirt costume with which he earlier presented himself as a regular-people political correspondent on TV shows during the last campaign. He's like Bruce Springsteen or John Mellencamp that way, only rightwing and without any actual talent.
Whittle's post is full of beauties, but this is my favorite and, I would suggest, the most emblematic:
Like Lincoln’s plain manner of speaking, Joe’s commentary is still unvarnished; it still “has the bark on” as the phrase was applied to Lincoln. And if anyone reading this immediately jumps to the conclusion that I am comparing Joe Wurzelbacher to Abraham Lincoln, you have a perfect example of the dynamic I am talking about.
It's hard to know what other conclusion one is meant to jump, walk, or sidle up to. If I told you, "Like St. Francis, I am kind to animals," you would be within your rights to say I was comparing myself with St. Francis. But with Whittle, we are outside the realm of simple logic. He knows placing The Plumber alongside The Railsplitter will make the necessary impression on his yahoo readership, and they will so dimly perceive the trick that's being worked on them that, when he follows by denying the trick and attributing all devious intent to his enemies, they'll join him in reviling them for it. That's the method behind this whole Joe The Plumber thing -- and, really, behind everything they do.
11:22 PM by roy edroso
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SWEATIN' TO THE OLDIES. At the Corner they're celebrating Vince Foster's birthday. You will be relieved to learn that they don't believe that Bill and Hillary rubbed him out.
Of course, as they say in the bullshit business, questions remain. Byron York:
But there's no doubt that Foster was deeply distraught over the Travelgate scandal. He believed — correctly — that it would result in several investigations. He was worried about his reputation. He was under a lot of pressure from then-First Lady Hillary Clinton...
Hillary Clinton -- who the independent counsel concluded gave "factually false" testimony on the Travel Office firings-- is going to become Secretary of State. Her husband is an international statesman. John Podesta runs an influential think tank and has orchestrated the Obama transition. George Stephanopoulos is sitting in David Brinkley's chair at ABC News. And Vince Foster has been dead for 15 years. Make of it what you will.
Time to bring this little guy out of retirement:
Jonah Goldberg, as usual, is here to make everything more fudgy:
Byron - I agree with you that it was a suicide. I did pretty much from the start. But I also alwas agreed with Bill Safire and others that the handling of his "suicide note" and all that was very, very suspicious. Any thoughts on that front?
Why, yes, Jonah, he does: "I didn't intend to rekindle the old Foster-suicide questions... But I do agree that the Clintons did everything in their power to make it look suspicious." Is there no end to their perfidy! But of course they had a lot of help.
Soon they'll start talking about fluoride in our water again.
1:03 PM by roy edroso
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Wednesday, January 14, 2009 WARNING! THE LIBERAL ARTS ARE ABOUT TO GET LIBERALLER! There's been a movement afoot to get Obama to appoint a "Secretary of the Arts." Earlier this month ArtNet ran a gossipy item suggesting that "the buzz in art-and-politics precincts has the new administration seriously considering the idea of an official White House Office of the Arts, overseeing all things having to do with the arts and arts education." That's news to me, and as you know I run with a pretty artsy crowd (minces limp-wristedly, rolls eyes). From the item and Adaptistration's discussion of it, the idea seems to be better management of those lucky devils who get government arts grants and such like, and the "creation of an 'artist corps'" which sounds like the New Deal's federal arts projects. Well, if some of us can paint murals instead of three coats of green for our supper, great.
OK, you've heard what I think. Let's bring out our special guest, Warner Todd Huston of RedState. (Band plays "Dueling Banjos"; Huston enters, glares.)
Where is the outrage that a president dares imagine that HE should be telling artists what to do with his little “art czar”? Where is the “artistic integrity” of these purported artists who so often wish to claim they are free of coercion or control by government and should remain so? Why is it that they don’t seem to mind The One taking control of their world of art?
Ah, but that is just it, isn’t it? These so-called artists really HAVE no principles. They love them some Obama and that is all they need to turn around and paradoxically cast their general disdain of government out the proverbial window. Of course, wait until the next Republican gets in office and see them suddenly remember that they want their freedom from oppressive government, eh?
But, for now, the silence from the “art” community is deafening.
Boy, that takes me back. In my copywriting days I often felt then as if I were selling out to The Man, and in fact I was. (Now that I'm a journalist I have no such worries -- second shift at Starbucks would be a step up, socially as well as economically.) The Man was not, in is this case, an elected Democratic official, but I still had to do what he said, at least while at the office.
In truth, anyone holding a bourgeois "job" with its "rules" and "goals" and "sexual harrassment policy" is to some extent putting his talent at the service of he who pays the shilling. That, as we used to say in the warehouse, is why they call it work, and why so many novels are written after hours.
Maybe Huston feels let down that even such creatures of tinsel and glamour are subject to these mundane constraints. (He did contribute to a book called Americans on Politics, Policy and Pop Culture -- actually it just says he "appears," so maybe they used his headshot as a dingbat.) Oh, I'm just being mischievous: Huston is the sort that perpetually seethes about those artists (alternately, "purported artists" or "so-called artists" or "'art'ists" -- the only real ones are Mel Gibson and Dennis Miller) in their berets and leotards who giggle over their absinthe about stupid Republicans. And now they've got the nerve to take hypothetical government money for their so-called purported "art" that could be going to churches!
Where is the outrage? Huston sucked it all up and there's none left for the rest of us, at least until we find out the new Obama Theatre Project wants us to do Cymbeline in an Iowa barn. (And no craft service -- Maw will fix us some vittles, and we can foam our milk straight from the udder.)
If Huston is too upmarket for you, you can go to FreeRepublic and hear them roar about "Obama’s Ministry of Public Enlightenment and Propaganda," "Purveyors of bullwhip in anus and crucifix in urine art," etc. I think it's safe to say their concern that Big Gummint will control the arts is feigned. If jackbooted arts commissars demanded production of a thousand neo-Soviet realist novels it's unlikely they would notice; they've already been told, endlessly, that the arts are all run by a liberal cabal anyway. There's a whole website all about it! As long as Obama doesn't take "Deal or No Deal" off the air, it touches them not.
In other words, they don't yell about the arts and the people who make them because they appreciate them, but because they've been trained to hate them.
9:45 PM by roy edroso
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POURNELLE SPEAK! People sometimes ask where I find the people I write about here. Very often I find them via the Ole Perfesser. Here he has a link called "WHEN DEMOCRACIES DECIVILIZE." And here's some of what you would find, if you were fatally curious, at the other end:
We are busily destroying the basis for our consensus of right and wrong in favor of some kind of pluralism and diversity. Not in favor of rational discussion; indeed, that is suppressed in the name of preventing hate speech.
Of course the federal structure of the nation was intended to accomplish something like diversity while preserving the union: by leaving as much as possible to the states, the largest possible numbers would live under governments they had assented to. In addition, by leaving most economic matters to the states, there would be competition: competition to have lower death taxes thus luring the wealthy to move there before they died. Competition to have lower sales and business taxes to lure the enterprising to come live in the state...
But make no mistake about it. To secure real rights, governments are necessary. We can agree on that without deciding how to choose a government. Both Heaven and Hell are rumored to be absolute monarchies with a hierarchy of officials...
There was one really galling paragraph in Atlas Shrugged: the judge who has retreated to Galt's hideaway at one point says that he has written a book on law that would save the Earth, but he isn't going to publish it. I will leave it as an exercise for the readers to discern why this so upset me when I read it that it pretty well spoiled the rest of the novel. Miss Rand did not want to comment on that paragraph, which she remembered as soon as I brought it up; I have often wondered if it bothered her as much as it disturbed me. I confess I did not dare ask her why Ragnar the pirate would be so eager to rush to her rescue; but then having met her, I didn't need to ask.
And enough. It really is time for bed.
I would ask whether the Perfesser, a ward of the state, might be more usefully remanded to another, more rehabilitative state institution, if I thought he really believed half the crazy shit he links to.
1:07 AM by roy edroso
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Tuesday, January 13, 2009 IN WHAT THEY HAVE DONE AND IN WHAT THEY HAVE FAILED TO DO.Sarah Palin complains that the Anchorage Daily News harrassed her with questions about Trig Palin's true birth mother, which led to a story that... was never printed. The Daily Newslaboriously fact-checks this accusation, and others made privately by the Governor to the paper. This is the very model of what would normally be called media transparency, and acquits the paper well, especially their patient explanation that fact-checking is part of their job, and that the Daily News did not publicly assert a claim that anyone but Sarah Palin bore Trig.
By and large Palin's complaints are, as we say in the lower forty-eight, bullshit. Yet rightwing factota defend them. Hot Air's Allahpundit takes a novel tack: that the Daily News had previously published photos of Sarah Palin looking pregnant and alleged actual-mom Bristol Palin looking unpregnant, and a doctor's letter referring to Palin's pregnancy. So the story, in his estimation, was proven false, and the paper sinned by asking her questions about it -- which would never have entered the public record had not Palin revealed them.
It should not shock us that Allahpundit believes true journalism is about not asking questions, when the questions do not favor his side. After all, many of Hot Air's incurious first impressions have not turned out so well. ("I agree with people in the comments who say that [Ashley Todd's] beating and maiming were political, and obviously so" -- Let's see Dan Rather get away with that!) Rightwing bloggers float insane stories all the time, yet make sinister news of Sarah Palin's complaint that someone asked her a question and accepted her answer. But this is not about a search for truth, but the furtherance of spin. Palin wanted to promote her image as a hate object of the media and, without any genuine cause but with the help of Allahpundit and others, got what she was looking for. Claims of liberal media bias are mostly overblown, but it is observably true that the media will always give a platform to any celebrity who claims victim status.
10:17 PM by roy edroso
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Monday, January 12, 2009 NEW VOICE COLUMN UP, about the current, two-pronged rightblogger strategy. Prong one is revealed by their Al Franken reportage (i.e., yell "Thief!" and hope no one asks questions), and prong two by Big Hollywood. One might call it "Gun and Run" -- shoot bullshit at available targets, then retreat to a happy place where they are simultaneously persecuted and triumphant.
Speaking of culture war, Ronald Radosh reports that the guy who killed Hattie Carroll -- the subject of Bob Dylan's "The Lonesome Death of Hattie Carroll" -- was actually a graduate of "the Sidwell Friends School in Washington, DC. Yes, folks, the same moderate lefty school that Chelsea Clinton graduated from and that the children of Barack Obama are now attending!" So that means the Obamas are racist, or something. "Conservatives would be wise to find their own Hattie Carrolls," says a commenter, though surprisingly she does not mean they should find someone to beat to death with a cane, but instead, "individuals that have been abused by liberal excesses. Joe the Plumber comes to mind." For what that brain-damaged individual has been doing with himself lately, or allowing to be done to him, see here.
3:46 AM by roy edroso
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