OnePeople

SCOTUS Upholds ATCA

The Alien Tort Claims Act was passed by the First Congress to combat piracy on the high seas, but since 1980 has found new use as a weapon against human rights abuses and genocide. Around the 1990s, plaintiffs began using the ATCA against corporations, rather than individuals, and ATCA became much more controversial.

Opponents of the law, including the U.S. Chamber of Commerce and the Department of Justice, believe that the law is overly broad, misapplied, and that it could create a whole host of diplomatic horrors. Supporters contend that the ATCA is a valuable tool to combat human rights abuses.

In this context, the Supreme Court ruled yesterday in Sosa v. Alavarez-Machain that foreign nationals could use the Alien Tort Claims Act to sue other foreign defendants in U.S. civil court for violating the "norms of customary international law," although the abuses in Sosa specifically did not meet these standards.

The decision validates a number of pending cases, but raises the bar for plaintiffs who must now prove that the defendant violated international human rights laws. In short, the court ruled that "...for the purposes of civil liability, the torturer has become – like the pirate and the slave trader before him – hostis humani generis, an enemy of all mankind."

Jack Out

Now that Jack Ryan has dropped out of the IL Senate Race (if you don't know why, maybe you should...

...ok, ok, his recently unsealed divorce records contained the stunner that he repeatedly asked his ex-wife, hot sci-fi action "actress" Jeri Ryan, to engage in public "acts" during numerous trips to sex clubs in the US and, umm, France. Hey she is an actress, right?)

The buzz is that the GOP may ask Patrick Fitzerald, US Attorney, to be Barak Obama's doormat. Fitzgerald is the attorney who just yesterday questioned President Bush in the Oval Office as the lead investigator of the Plame Affair.

Quite a week for this guy.

In case anyone cares, other names being tossed around include state Sen. Steve Rauschenberger and dairy owner Jim Oberweis, both of whom lost to Ryan in the primary, and former state Board of Education chairman Ron Gidwitz.

Big Time Potty Mouth

From WaPost: "On Tuesday, Cheney, serving in his role as president of the Senate, appeared in the chamber for a photo session. A chance meeting with Sen. Patrick J. Leahy (Vt.), the ranking Democrat on the Judiciary Committee, became an argument about Cheney's ties to Halliburton Co., an international energy services corporation, and President Bush's judicial nominees. The exchange ended when Cheney offered some crass advice.

"Fuck yourself," said the man who is a heartbeat from the presidency."

... Make that a weak, wheezing, somewhat unreliable heartbeat from the Presidency. Unfortunately, no press accout I have read thusfar gives Leahy's reaction--- which in my book is an essential part of the story.

Cheney Dismisses Critic With Obscenity
Clash With Leahy About Halliburton

By Helen Dewar and Dana Milbank
Washington Post Staff Writers
Friday, June 25, 2004; Page A04

A brief argument between Vice President Cheney and a senior Democratic senator led Cheney to utter a big-time obscenity on the Senate floor this week.

On Tuesday, Cheney, serving in his role as president of the Senate, appeared in the chamber for a photo session. A chance meeting with Sen. Patrick J. Leahy (Vt.), the ranking Democrat on the Judiciary Committee, became an argument about Cheney's ties to Halliburton Co., an international energy services corporation, and President Bush's judicial nominees. The exchange ended when Cheney offered some crass advice.

"Fuck yourself," said the man who is a heartbeat from the presidency.

Leahy's spokesman, David Carle, yesterday confirmed the brief but fierce exchange. "The vice president seemed to be taking personally the criticism that Senator Leahy and others have leveled against Halliburton's sole-source contracts in Iraq," Carle said.

As it happens, the exchange occurred on the same day the Senate passed legislation described as the "Defense of Decency Act" by 99 to 1.

Cheney's office did not deny that the phrase was uttered. His spokesman, Kevin S. Kellems, would say only that this language is not typical of the vice presidential vocabulary. "Reserving the right to revise and extend my remarks, that doesn't sound like language the vice president would use," Kellems said, "but there was a frank exchange of views."

Gleeful Democrats pointed out that the White House has not always been so forgiving of obscenity. In December, Democratic presidential candidate John F. Kerry was quoted using the same word in describing Bush's Iraq policy as botched. The president's chief of staff reacted with indignation.

"That's beneath John Kerry," Chief of Staff Andrew H. Card Jr. said. "I'm very disappointed that he would use that kind of language. I'm hoping that he's apologizing at least to himself, because that's not the John Kerry that I know."

This was not the first foray into French by Cheney and his boss. During the 2000 campaign, Bush pointed out a New York Times reporter to Cheney and said, without knowing the microphone was picking it up, "major-league [expletive]." Cheney's response -- "Big Time" -- has become his official presidential nickname.

Then there was that famous Talk magazine interview of Bush by Tucker Carlson in 1999, in which the future president repeatedly used the F-word.

Tuesday's exchange began when Leahy crossed the aisle at the photo session and joked to Cheney about being on the Republican side, according to Carle. Then Cheney, according to Carle, "lashed into" Leahy for remarks he made Monday criticizing Iraq contracts won without competitive bidding by Halliburton, Cheney's former employer.

Leahy, Carle said, retorted that Democrats "have not appreciated White House collusion in smears" that Democrats were anti-Catholic for blocking judicial nominees such as William H. Pryor Jr. Democrats demanded that Bush disavow the allegations by conservative groups, but the White House did not.

The Democratic National Committee has declared this to be "Halliburton Week" to portray administration ties to the controversial company. "Sounds like it's making somebody a little testy," Kerry spokesman Chad Clanton said.

Republicans did their best to defend the vice president. Senate Judiciary Committee Chairman Orrin G. Hatch (R-Utah), while pointing out that he was unaware of the incident, described Cheney as "very honest" and said: "I don't blame anyone for standing up for his integrity."

There is no rule against obscene language by a vice president on the Senate floor. The senators were present for a group picture and not in session, so Rule 19 of the Senate rules -- which prohibits vulgar statements "unbecoming a senator" -- does not apply, according to a Senate official. Even if the Senate were in session, the vice president, though constitutionally the president of the Senate, is an executive branch official and therefore free to use whatever language he likes.

© 2004 The Washington Post Company

I, for one, welcome our superstrong infant masters.

"Schuelke said that scientists have no way to tell how common the boy's ability is, or if a legion of super-strong tykes will be discovered now that researchers have learned what to look for."

via The Age

Help Wanted

Book-review editor for the Western Hemisphere for Foreign Affairs magazine. Candidate should be an academician and possess in-depth knowledge of Western Hemisphere political and cultural affairs and trends. Must have the ability to produce literate and thoughtful review and analyses of books and publications on historical, political, and social subjects related to the Western Hemisphere on a bi-monthly basis. Candidate must demonstrate absolute ability not to piss off Henry Kissinger. Salary is negotiable. Availability — Like yesterday.

Schneier on Iranian Cryptography

When Bruce Schneier speaks, everybody listens. In his latest Cryptogram he effectively describes just how complicated the Chalabi betrayal has become. We might have know, they might have known, they might have known that we knew, and we might have known that they knew... and so on.

Most interesting is that the world's secrets are being kept by private companies, like Crypto AG, and we're relying on market forces to ensure that they produce an effective, secure product. If they're considered suspect or compromised, they're out of business. For all but the most powerful countries (the U.S.), this is what you rely on to ensure that your communications are secure.

OnePeople Inaugural Thought Bubble Contest

We'll be giving away a six pack of Mickey's Big Mouths to the person who comes up with the best thought bubble for above John McCain's head.

Nunn: to please?

By now you may have heard the statement Sam Nunn gave today regarding yesterday’s post… wait… scratch that. Regarding the topic of yesterday’s post...

"I support Senator Kerry for President, but I do not intend to be extensively involved in any political campaign, and I have no intention of going back into government. I've had no conversation with Senator Kerry about any position in government."

Who is that jerk who wrote that post anyway? Today’s Note (http://abcnews.go.com/sections/politics/TheNote/TheNote.html) further editorializes the Veepstakes:

“The Kerry campaign has used Edwards so effectively as a surrogate that they may have boxed themselves into the corner of having to explain to the Democratic world why they DIDN'T choose him after all… Even aides to several leading contenders admit that the Edwards boomlet is real. They believe that Senator Kerry has seen polls that show how Edwards helps him in states like Wisconsin and Florida. Those Democrats will [sic] close ties to the Senate and House races think an Edwards on the ticket could [also] enhance the prospects of an Erskine Bowles victory in North Carolina and help Inez Tennenbaum in South Carolina…”

It’s an important point: per yesterday’s post, if they choose Nunn, or for that matter Vilsack or (God forbid) Gephardt and the first response is, “Why didn’t you go with Edwards?” it would be trouble. The reason the CW on VP choices is “do no harm” is because the VP selection is traditionally the first opportunity to see a candidate’s judgment and temperament. It’s a tone-setter. You don’t want coverage to focus on who wasn’t chosen, and why, because it’s negative and reflects poorly on the candidate. So if it's not going to be Edwards, it needs to be a soft landing. I've liked the idea of naming a shadow cabinet--- it would also give Kerry a place to put some of the names who help him in specific regoins or among specifc demographics (note to Kerry people: Gephardt helps you no where and with no one. Just remember he came in 4th in midwestern, union saturated, blue collar share-a-border-with-MO- Iowa)

But there’s an important reason why Edwards should not be chosen. The VP will not be judged against Bush but against Cheney. And foreign policy is Edwards’ most glaring weakness. Cheney will make Edwards look like even more of a kid.

Nunn: too pleased

I spent last night on a downtown DC roof deck with a group of people who can only be described as inside. Their clear consensus is that John Kerry's running mate has all but been chosen and it will be former GA Senator Sam Nunn. This squares with what I heard Kerry tell a small group of big donors not long ago that he does not believe he can win without the South and his Veep choice will reflect this. And all this time I thought he was talking about Mary Landrieu...

Today, the NY Post (!) reports that the FBI is vetting the professional corporate board member. This is news, I think to most people. Isn't that the job of the Kerry campaign? Do you think they're planning to detain Nunn for a few months to soften him up?

What most interesting about this to me is not the regionalism, which Bush/Cheney, Clinton/Gore, and probably Bush/Quayle (a youth play) proved to be overrated. Rather it's 1) the comfort of big biz with Nunn (thereby exposing that Kerry may think he needs some shoring up in this dept.) and 2) his leadership role in the area of nuke proliferation.

Nunn is Co Chairman and CEO of the Nuclear Threat Initiative, a private non-profit working on non-proliferation issues at the behest of... Ted Tuner. I have no idea what that means, although it's worth about $38 million, the amount that NTI has obligated since it was founded in 2000.

I hope this choice signals that Kerry is going to really open the national security flank on Bush. Remember that 3 months ago, BC04 couldn't stop talking about the differences between their man and Kerry. Now they've quieted down on that, and even seem to be blurring the differences. With this choice, Kerry would bring them back into focus.

btw, what exactly do you have to do to get fired from your job at the pentagon?

You think you have a bad job?

Scott McClellan has to go into a room the size of a mop closet twice a day with 30 of the world's sharpest journalists and answer for his boss. From today's lashing:

Q Why do you say you've made it clear on Geneva Conventions when it's -- obviously, they've been violated ever since we went into Iraq?

MR. McCLELLAN: Are you talking about the abuses that occurred at Abu Ghraib?

Q And Guantanamo and everywhere else.

MR. McCLELLAN: I don't know what specifically you're referring to, everywhere else...

Q I'm saying that you people have never said definitively that you are obeying the Geneva Conventions.

MR. McCLELLAN: Helen, no, we made it very clear when it comes to Iraq that the Geneva Convention did apply.

Q Consistent with, you say, but --

MR. McCLELLAN: No, not in Iraq. In Iraq we made it very clear the Geneva Convention applies.

Q Can I ask about Vice President Cheney, because yesterday he repeated what is a very controversial claim. He said that Saddam Hussein had long-established ties with al Qaeda. Does the President believe that Saddam Hussein had long-established ties with al Qaeda?

MR. McCLELLAN: We certainly talked about the ties with terrorism between the -- between the regime that was removed from power, and we talked about those ties prior to the decision to remove that regime from power. So that was well-documented. Secretary Powell went before the United Nations and talked about some of those ties to terrorism, as well. And Zarqawi is certainly a senior al Qaeda associate who was in Iraq prior to the decision to go in and remove the regime from power.

Q There's also al Qaeda in the United States. That does not mean the United States is cooperating with those members of al Qaeda. Just by the presence of someone does not mean there's a cooperation.

MR. McCLELLAN: But, remember, we're talking about an oppressive regime that was in power in Iraq that exercised control over that country. And go back and look at what we documented, Norah. We documented all this, and I think that's what the Vice President was referring to.

Q So today you're saying the President does agree there were long --

MR. McCLELLAN: We stand by what we've said previously, in terms of the regime's ties to terrorism, yes. And I think that's what the Vice President was referring to.

Q The President said there were no ties in the run up to the war.

MR. McCLELLAN: No, Helen, that's a mischaracterization. There were clear ties to terrorism between the regime --

Q He said there were no ties with al Qaeda.

MR. McCLELLAN: -- certainly supporting suicide bombers in the Middle East.

Q Are you repudiating what the President said?

MR. McCLELLAN: No, I think you're talking about September 11th.

Q Has the President been asked to answer questions before the CIA leak investigation?

MR. McCLELLAN: I don't have any update at this point. But those are the types of questions that you need to direct to the prosecutors who are overseeing that investigation. And I'll see if there's any further update beyond what we said previously.

Q Why can't you tell us? I mean, he's the President of the United States. You aren't going to tell us if he's been questioned in a criminal investigation>

MR. McCLELLAN: I just said I don't have any update from where he -- what he previously responded to, Terry.

Q Right, but we'd like it from you, please.

MR. McCLELLAN: And I'll see what else I can find out. But remember what we've made clear from the very beginning. There's an ongoing investigation right now. We want to do everything we can to help that investigation conclude successfully and get to the bottom of this. And in that spirit, that's why we've referred questions like that to the investigators, because if they feel it will help move their case forward, I'm sure that they will discuss that information with you. But I will -- but I'll go back and just check from our end to see what else I can find out.

Q It's an historic event. Not many Presidents --

MR. McCLELLAN: Understood. No, understood, but I have to balance that with the ongoing investigation that's underway.

Q Has he retained his lawyer yet, regarding this?

MR. McCLELLAN: That's what I said. I don't have any update from what he previous said. Let me look into things.

Go ahead.

Q Scott, Richard Clarke says that in the wake of his book, NSC lawyers were used to do opposition research against him, that they contacted his former colleagues to -- quote -- "dig up dirt" on him. Is that accurate? And is it an inappropriate --

MR. McCLELLAN: Arash, I think we've been through this issue and I don't think there's anything to add to what we've previously said...

Nightmare on K Street

What's the only thing worse than a DC lobbyist?

How about a DC lobbyist who has learned how to clone himself....

Tommy and Timmy Keating--you can't make this stuff up--specialize in asbestos liability reform.

Some wisdom for the gents

“[T]he Taoists laid great store in the ability to urinate effectively, not only as a major tool for detoxifying the body but also as a way of stimulating energy flow to the kidneys and sexual glands. Men, for instance, when urinating in the standing position, should, except while drunk - when operating dual systems of balance and aim is obviously trickier - stand on tiptoes to urinate. This stimulates the energy of the bladder meridian, which runs through the vital organs and down the back of each leg, and is said not only to increase kidney energy production and thus stimulate libido levels but also to help prevent or manage prostate cancer.”

Remember the Gipper

White House: Abuse Memos for al-Qaida

I really like the fact that Taliban and Al Qaeda are no longer synonymous with Iraqi insurgents. Remember when they were the same thing?

AP - The confidential Justice Department memos criticized by Democrats as laying the legal foundation for Iraqi prisoner abuses were aimed mainly at showing that international treaties banning torture do not apply to al-Qaida and Taliban prisoners, Bush administration officials say.

http://story.news.yahoo.com/news?tmpl=story2&u=/ap/20040610/ap_on_go_pr_wh/prisoner_abuse

What does $10 buy?

Wait just a few years and it could buy you a portrait of Ronald Reagan printed on rag cotton. Or 100 very small portraits stamped on a coin. Or, you could take your 10 bucks and donate it to the Reinstate Alexander Hamilton Society, soon to be hosted on this very corner of cyberspace.

http://money.cnn.com/2004/06/08/news/economy/reagan_hamilton/

The Black Jesse Helms

• the pro-abortion fanatics and the radical feminists
• the atheists who file lawsuits attacking the Pledge of Allegiance & the Ten Commandments
• the gun grabbers, the illegal immigrants, and the trial lawyers
• the environmentalist, tree-huggin' granolas and the animal rights extremists
• the "one world" globalists who worship at the altar of the United Nations
• the militant homosexuals and the burned-out, hippie peaceniks
• the race-hustling poverty pimps like Jesse Jackson and Al Sharpton
• the union bosses and the socialists posing as journalists & college professors
• the government bureaucrats & the tax-and-spend junkies who create their jobs, and
• the Hollywood elitists - air-headed actors and singers who think we care what they think.