Volokh on FISA

The ever-thoughtful and eruidite Volokh Conspirtators have a running thread of FISA commentary.

Here is the most recent article. You can scroll down to the bottom of the post for links to the rest of the series.

The conculsion, as I read it, is that FISA is not overriden by AUMF and that any Article II argument would lose at SCOTUS 8-1, with only Thomas supporting the President. Of course, they also point out the unliklihood of this making it to the Supreme Court because no one with standing to sue is likely to know that they have standing.

The Rule of Law

Those with whom we agree with are not always right.

Those with whom we disagree are not always wrong.

This truism strikes me every time I float through our conservative little corner of the blogosphere. Many of our conservative friends seem willing, to steal MyPetjawa’s phrase, to drink the kool-aid.

It strikes me that conservatives’ traditional respect for the rule of law has become attenuated.

Examples:

Never mind the established law that a husband can make medical decisions for an incapacitated spouse. If it gets the right-to-lifers stirred up, lets pull a little demagoguery and pass a clearly unconstitutional bill of attainder!

Never mind that all the lawyers at the DOJ say that the Texas redistricting violates the Voting Rights Act! It gives us a congressional majority, and our boy has appointed the Texas judges.

Never mind that toture is against the law. We’ll just redefine torture. (Specifically excluded from this argument are the Guantanamo detainees. Regardless of what the Eurowimps and our own MoP say, the detainees are explicitly excluded from Geneva Convention protections. I’m cocerned here with meeting the letter of the law. Detaining illegal combatants stops well short of what we are permitted to do - the Geneva Convention provides for illegal combatants to be executed on the battlefield - and is legal. Torture of those detainees is illegal. You can debate the efficacy or morality of detention and torture, but the legal lines are clear.)

Never mind that Abramoff was buying influence with a large segment of our congressional delegation. Lobbying regulations are obscure, and heck, it won’t “have any traction outsdie of the beltway.” Who cares if some of our guys are corrupt? As Truman said, “he may be an S.O.B, but he’s OUR S.O.B.”

Never mind that key political operative linked the name of a CIA operative (covert or not) in order to punish a political enemy. We can argue that, technically, no law was broken, and hope we only have to throw Scooter to the lions.

Never mind that even the White House tacitly acknowledges that some of their wiretaps broke FISA, arguing that FISA was overruled by AUMF or is unconstitutional because it contravenes the Article II warmaking powers. Let’s argue technical points that will insomnolate (is that a word? It should be.) the public.

One starts to wonder. Is there anything that this administration could do to make bloggers angry?

Some mainstream conservative writers like George Will and Novak seem to have realized that Bush isn’t conservative at all. But the blogosphere (other than our boy Skippy and the cautiously critical Volokh Conspiracy) seems willing to keep drinking the kool-aid.

Note here that I’m not making a pro-Democrat argument. I’m not attacking basic conservative principals, many of which I share. But good lord! Isn’t anyone else becoming alarmed by the apparently cavalier attitude the administration takes toward the law?

Harnessing Private Enterprise

The X-Prize was an awesome way to encourage private companies’ exploration of techonoligies for low-cost space exploration.

Environmentalists like to promote solar power, but solar power’s expense, unreliability, and low output have made it a loser in the marketplace.

If ever elected to the Senate, I will introduce the Smallholder Solar Prize Bill to my colleagues. It will simply establish a billion dollar prize for the first company to develop a reliable cheap, powerful solar technology. The standard would be something like producing an average of x watts per day over a year of variable weather at a cost of lower than $y per watt.

Foodblogging

Greetings, loyal minions. Your Maximum Leader, as you may know, gave his Poet Laurete a cookbook for Christmas. The Big Hominid has photoblogged his experience with egg-less chocolate mousse. (Really. Clicky here and here and here.) Before gifting Nigella’s book your Maximum Leader read through it. Nigella Lawson has always been one of your Maximum Leader’s favourites. Indeed a link to her site has existed on this page for years… If you look over on the right side nav bar and see the link entitled “Domestic Goddess” you will get Nigella’s site. It’s the link right under Eddie Izzard and right above the NRA.)

Anyhoo…

Your Maximum Leader wasn’t just gifting cookbooks. He recieved two of them for Christmas. Your Maximum Leader can’t recall exactly where he heard/read this, but it has stuck with him. Someone (possibly Arthur Lubow, Ruth Riechl, Jacques Pepin, or Phyllis Richmond) once said that if you really wanted to KNOW the whole western cooking tradition you only needed three cookbooks. The three are: The Joy of Cooking, Larousse Gastrnomique, and Il Cucchiaio d’Argento (The Silver Spoon).

Now your Maximum Leader has owned he Joy of Cooking for as long as he can remember. Indeed he has an original edition (which he stole from his sainted mother) and the updated version. The Joy of Cooking has always been an essential reference in the Villainschloss kitchen. He highly commends them to you.

He received for Christmas Larousse Gastronomique and The Silver Spoon. In the few days since Christmas they have both received a workout.

The Silver Spoon has been the best selling cookbook in Italy for the past 50 years. It is widely considered THE authoritative reference for recipies amongst arguing grandmothers across Italy. Until a few months ago, it was only available in Italian. Now Phaidon Press has released the mammoth tome in English. It is fabulous. Your Maximum Leader has already sampled at least 8 items from book. His two favourites so far are the Cream of Asparagus soup and the Pork Chops in Blueberry sauce. Your Maximum Leader is seriously considering buying a few copies and giving them to friends throughout the year. (Indeed, he has already gifted The Silver Spoon to his Brother & Sister-in-law and his Mother-in-law.)

Larousse Gastronomique is not a cookbook so much as it is an encylcopaedia of cooking with recipies thrown in. In a perusal of Larousse your Maximum Leader has found a recipe that he will do before he dies… He will share it with you here for your reading (if not dining pleasure)…

Stuffed Turkey Grand-Duc

Slit open a turkey along its back and stuff the bird with the following mixture: 18oz chicken rubbed through a fine sieve, 17.2 oz of double heavy cream, and 9 oz of foie gras (prepare the foie gras by poaching it in port wine and rubbing it through a fine sieve). Season stuffing to taste. Add 12 truffles (peeled and cooked for 10 mins in brandy). Add 24 chicken hearts (prepared by removing blood vessels, soaked in water, steeped in white Malaga wine, drained, dried, then stuffed with a puree of York ham, then poached for 15 mins in truffle essence).

After stuffing the turkey, carefully reshape it. Cover the bird in slices of raw ham or bacon. Enclose the stuffed, wrapped turkey in pastry taking care to keep the shape of the bird. Bake at 250 degrees for 2.5 hours. During cooking cover bird with wax paper coated with flour to assure that the pastry browns evenly and not too soon.

Serve directly from oven with a demi-glace flavoured wtih truffle essence.

Say what you will… THAT, loyal minions, is real eatin’.

Carry on.

Lobbying Commentary

Greetings, loyal minions. Your Maximum Leader commends to you all Jan Withold Baran’s commentary about lobbying (and lobbyists) in today’s Washington Post.

That is all.

Carry on.

E - 71

Greetings, loyal minions. Your Maximum Leader decided to re-run his short birthday tribute to The King of Rock and Roll… (And even though this is a re-run it is still true that we baked a cake in honour of the King.)

Happy 71st Birthday to The King of Rock and Roll, Elvis Aron Presley.

As with every January 8th, celebrations were rampant at the Villainschloss today. A festive cake was baked and decorated in honour of “The King” and it was in part consumed. The Villainettes were particularly happy to draw Elvis on the cake along with various symbols which were meant to resemble music notes.

Your Maximum Leader played Elvis music most of the day (with a brief exception of when he was in the Villainmobile and he listened to Elvis and Johnny Cash).

Indeed, if any minion would like a CD of your Maximum Leader’s favourite Elvis tunes; they have only to send an e-mail.

For those minions who would like to bolster their own personal CD collection of Elvis he will recommend the following:

1) For those of you who just want the most popular Elvis tunes you should pick up either Elvis #1 or (an old favourite of your Maximum Leader’s) Elvis’ Top Ten Hits. The quality of the recordings on “Elvis #1″ is better by far; but the “Top Ten Hits” has all the essential Elvis songs.
2) For those of you who would like to get a really fine example of The King performing, your Maximum Leader will commend to them “Memories: The 68 Comeback Special.” Of all of the Elvis recordings your Maximum Leader posesses, this two CD set is probably his all time favourite. It has a little bit of everything an Elvis affectionado could possibly want. Live performance. Elvis’ bante with his band. And some songs sung with Elvis at his peak voice. One of the alternate versions of “If I Can Dream” would be your Maximum Leader’s current pick for his single favourite Elvis song.
3) And for those of you who really want to go whole hog on The King, allow your Maximum Leader to recommend “Platinum: A life in music.” Which is a four CD box set (with liner notes) of remastered music. It is a complete overview of Elvis’ career. It is worth every penny of the $60 asking price.

UPDATE from 2005 - If anyone would like to shower their Maximum Leader with presents this would be nice

Well loyal minions. Your Maximum Leader hopes you kept Elvis in your hearts a little bit today. Because, so long as there is a little Elvis in you, there is hope for the world.

Carry on.

‘Round The Bend

Greetings, loyal minions. Your Maximum Leader’s wa is disturbed. Greatly disturbed.

His Poet Laureate has gone completely ’round the bend. Need proof? Clicky here.

Your Maximum Leader rests his case.

Carry on.

Smiting

Greetings, loyal minions. Your Maximum Leader has been busy reading all of the great links that many of you have forwarded him concerning the FISA wiretap story. Please know that your Maximum Leader is reviewing and thinking about all of your thoughtful comments. He hopes to write something further on that subject later.

Until then…

Your Maximum Leader has, from time to time, done things that may not please The Almighty. He received a pretty normal middle-class church-going Catholic religious education. He further studied subjects sacred and profane all through his life. So he has a pretty good idea of the strictures that The Almighty has set down over time - at least the strictures according to the Judeo-Christian tradition. Knowing what your Maximum Leader does; he is aware that some activities and decisions he’s taken would not please The Almighty.

All that said one might expect that if The Almighty was greatly displeased with your Maximum Leader; he (your Maximum Leader that is) would be struck by a bolt from the blue and vaporized. Barring the use of a bolt from the blue, your Maximum Leader has also figured that being turned into a pillar of salt or having brimstone rain down from the heavens upon him are other tried and true methods The Almighty might employ on those in need of smiting. But we all know that the Lord smites in mysterious ways.

Carry on.

Haj Troubles

Greetings, loyal minions. Your Maximum Leader reads that at least 15 are dead (and possibly as many as 40 dead) in a hotel collaspe in Mecca. The hotel was full of pilgrims gathered in the Muslim holy city in anticipation of the beginning of the Haj.

Hardly a year goes by when there isn’t some disaster occuring in Mecca around the time of the Haj. One would think that the Saudi government would do its best to inspect buildings and insure civil order during this time. Isn’t the Saudi Royal Family personally responsible for the safety and security of pilgrims to Mecca? Hummm….

If your Maximum Leader were Muslim (which he is not) and going to Mecca (which he doesn’t ever plan on doing) he would be wary about his lodgings. He might even opt for a tent in the desert. At least that wouldn’t collapse on him.

Carry on.

Seekrit Agents

Greetings, loyal minions. Your Maximum Leader wishes his loyal (and dead sexy) minion Sadie all the best in her new digs. She is now reincarnated as Agent Bedhead.

Your Maximum Leader was wanting (rather desperately) to go and visit the new site before the big kick off. But he resisted. It seemed wrong to spoil the surprise…

Go. Now. Read.

(And update those bookmarks!)

Carry on.

Hook ‘Em Horns

Greetings, loyal minions. Your Maximum Leader sends his warm congratulations to the Texas Longhorns and their fans/adherents on winning the college football national championship. Your Maximum Leader sat down in the Villainschloss to watch the game - but fell asleep on the couch in the middle of the second quarter. This was due, in large part, to his being up until 1:00am the night before watching the Penn State/FSU game. Your Maximum Leader awoke at 2:45am and had to catch highlights on ESPN. This is one of those times your Maximum Leader wishes he had Tivo.

Anyhoo…

Congrats Longhorns! You’ve finally won the big one.

Carry on.

FISA Wiretaps

Greetings, loyal minions. Your Maximum Leader is about to shock you. It is now 2006 and who knows what will happen from here on out but be prepared. You may be shocked and horrified at the words you are about to read.

Your Maximum Leader finds himself pretty much in agreement with his good friend the über-liberal Minister of Propaganda on the issue of FISA wiretaps by the Bush Administration. Much of the evidence that he has read so far leads him to believe that the Bush Administration violated the law by authorizing the NSA to monitor phone calls between Americans and people overseas who are suspected of being terrorists.

Allow your Maximum Leader to say a few things before going on.

First off… Not all the information is out there yet on this matter. So there may yet be facts revealed that might change your Maximum Leader’s mind. But that seems to be improbable the more he reads…

Secondly, your Maximum Leader will caution many of his liberal friends (but not the Minister of Propaganda specifically) to not rely on the whole “warrantless searches/wiretaps are illegal” blanket statement. He will point out that there are many instances where “the state” can do searches without a warrant. Too many commentators seem to be stuck on this point. No warrant this and no warrant that. Your Maximum Leader will admit that warrants are quite important to this case. But he encourages you to review the link and see how many legal situations there are in which “the state” doesn’t need to procure a warrant to conduct a search.

Having said that… As your Maximum Leader understands it monitoring phone conversations is a type of search which does require a warrant in pretty much all circumstances. This is to say that to monitor domestic phone conversations requires a warrant. If you live outside the US, or are travelling outside the US, then no warrant is needed for the US to eavesdrop on your phone conversations. (So Skippy, your Maximum Leader recommends you only communicate via sign language.)

Where the wiretaps/eavesdropping in question seems to have started to run afoul of US laws is where individuals overseas called people in the US. There may also be a few cases in which individuals using phones registered outside of the US were physcially in the US and making calls.

Now, when your Maximum Leader started to think about this post he really tried very hard to get his mind around all of the (thusfar reported) loopholes that might apply in this situation. But the more he thought about them the more he became convinced that the Bush Administration ordered illegal wiretaps. Perhaps the two most vexing parts of these story are these: the refusal of the Justice Department to approve the program, and the ease with which a warrant could be had.

First off, the Bush Administration went to the Justice Department to ask for confirmation of the eavesdropping. At the time John Ashcroft was in the hospital and his deputy James Comey was running Justice. When asked to approe the eavesdropping, Comey refused. Then Chief-of-Staff Andrew Card and Counsel to the President (now Attorney General) Alberto Gonzales went to the hospital to ask Ashcroft (on his sickbed) to overturn Comey’s determination. Ashcroft refused and backed Comey. This should have been first sign of something being amiss. When your political appointees, who heretofore had been generally accomodating in any and all requests relating to the fight against terrorist, refuse to approve or condone your plan to monitor phone calls you have a problem that needs serious rethinking.

Second, why not just go to the special court set up for the express purpose of getting warrants to eavesdrop? From the reporting your Maximum Leader has read pretty much every request is approved. Why wouldn’t you just go and get your battery of warrants? It doesn’t make sense.

Anyhow… Your Maximum Leader will continue to follow the story and opine further as circumstances warrant.

Carry on.

Happy New Year

Greetings, loyal minions. Your Maximum Leader wishes you all a happy New Year. He has spent a good amount of quality time over the past few weeks with family and friends. Now that the new year is upon us, he will try and spend quality time blogging. Why? Because you all will certainly go through delierium tremens without getting the proper fix of your Maximum Leader’s pithy opinions throughout the year.

Remember, your Maximum Leader wishes you all a safe and prosperous New Year.

Carry on.

Slippery Slopes.

Greetings, loyal minions. Your Maximum Leader knows that the Minister of Agriculture doesn’t care for “slippery slope” arguments. Which your Maximum Leader admits is fair, in that most of the time the exponent of a “slippery slope” argument is committing a logical fallacy. It is important to remember however, that for a “slippery slope” argument to be logically flawed, the final conclusion must be shown not to be a result of the primary step in the argument.

Of course, when talking about our political society, typical laws of logic do not seem to apply. Indeed, sometimes people persist in denying the slippery slope connection even when you can clearly document it. (Like here and here.)

With that thought in mind, you should read the latest from Velociworld

Carry on.

Red Dawn Quiz Pt 2: Smallholder

Greetings, loyal minions. Your Maximum Leader went and took the Red Dawn quiz for Smallholder. The results are unsurprising.

Erica
Erica…The Feisty One…

Which Red Dawn Character Are You?
brought to you by Quizilla

Okay they are surprising. Your Maximum Leader wouldn’t describe Smallholder as “feisty.”

Carry on.

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