Maybe the guy in the tin foil hat was right

We should all be in line to take a whack at the idiots responsible for these completely avoidable exercises in governmental overreach and hubris.  All together now: what the hell were they thinking?  I can’t decide which is more disturbing: the government using its power to harass and tacitly threaten law-abiding citizens based on a perception of their political views, or the government using its power to harass and tacitly threaten journalists in the pursuit of their constitutionally-recognized role as government watchdog.  Both are abuses of government power that fly in the face of what this country is meant to stand for.

Today the attorney general ordered the FBI to investigate the Internal Revenue Service for apparently singling out for enhanced scrutiny the applications for tax-exempt status from what were perceived to be conservative political groups.  Yep, it looks like the party in power has been using the authority of the taxman to reward those with whom it agrees and punish those with whom it does not.  Is there any more textbook definition of abuse of power than that?

I’m not saying that the IRS shouldn’t be thorough in reviewing applications for tax-exempt status; the IRS should be exceedingly thorough in investigating such requests.  Wouldn’t we all be willing to believe there are those among us who would do whatever they could to reduce their tax bills, even lie about the true purpose of their organization?  There are entire political movements built on the effort to reduce taxes, but that doesn’t mean they deserve extra scrutiny.  Whatever’s determined to be the proper amount of review for gaining tax-exempt status should the bar for everyone to pass, and it’s just flat wrong for an arm of the government to single out persons or groups for extra scrutiny based on their actual or perceived political views, including their views about taxes!  (Is this a great country or what?)  The whole idea has conjured up in my imagination that happy visage of Richard Nixon and enemies lists.

It’s just as wrong, and just as dangerous to our liberty, for the Justice Department to seize phone records of journalists.  The DOJ notified The Associated Press last week that at some point earlier this year, and clearly without prior notice, it had seized records for 20 phone lines belonging to AP offices and journalists, including home phones and cell phones.  It did not state a reason why these records were seized; it’s believed to be in relation to an investigation into leaks about how the CIA disrupted a terrorist plot to bomb an airliner.

Our system envisions a strong press as a watchdog on government at all levels, acting as a representative of the people seeking out information that the government wants kept quiet…the stuff that the politicians and the bureaucrats don’t want you to know, that they’ve kept from you out of embarrassment or guilt.  There have been people in the government from the beginning who understood the importance of that role to the overall functioning of society, and who’ve provided sensitive information to reporters despite being told not to do so.  Today we call those people whistleblowers.  When that whistle gets blown the government’s first response is often to decide who will take the blame, and they devote a terrific amount of energy to learning who told the truth.  In some cases they ask a court to order the journalists who ran the story to tell where they got their information; in others, like this one, they just take private information without the knowledge of its owner in the hopes that they’ll be able to deduce who ratted them out.

We used to talk about the “chilling effect” that a variety of government actions would have on the newsgathering process, on the minds of the reporters who might think twice—or more than that—about pursuing a story when faced with the possibility, or the likelihood, that the government was going to fight back.  And this is that.

It’s inconceivable to me that all the people involved in these two growing scandals are merely misunderstood or made poor decisions about how to achieve a legitimate objective, but I don’t think the blame goes all the way to the top.  This president is neither that paranoid nor that stupid…although you’d think that a professor of constitutional law might have impressed on his subordinates some of his relevant thoughts about the proper use of governmental power.  If this news had come out while the last man was president, I would have accepted it as prima facie evidence of the evilness of his administration and its soulless pursuit of instituting theocratic capitalism as our new form of government.  I would have been wrong, but I admit I would have thought it.

When the government spies on reporters and appears to punish political enemies, it gives the tin foil hat crowd encouragement: “The government is spying on you—it’s keeping track of who you call and who calls you, it’s watching what you do and where you go and who you meet, it’s keeping information on your income and your taxes and your friends and who you associate with, and it’s using that information against you.”  Today that sounds a little less ridiculous that it did last week.

Unassigned additional reading:

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Stand by for American history

The United States Supreme Court hears arguments this week in two cases involving same-sex marriage that could make civil rights history.  For those who can get beyond a knee-jerk reaction to the very idea of same-sex marriage, who are interested in the nuts and bolts of how the court operates, how this court operates, who want to be able to read the reports of the oral arguments or listen to the arguments themselves (yes, listen—the same day!) critically and develop their own insight into what’s happening and what the results may be, check out Emily Bazelon’s post in Slate today.

Tuesday and Wednesday, the Supreme Court will dive into back-to-back arguments about gay marriage. These cases that are probably the biggest of the term, and certainly the sexiest. First up is an hour of Hollingsworth v. Perry, the suit challenging the constitutionality of California’s voter-approved gay marriage ban. Next comes an hour and 50 minutes on United States v. Windsor, which takes on the definition of marriage in the federal Defense of Marriage Act. That definition—the union of a man and a woman—denies gay couples more than 1,000 federal benefits that come with marriage, relating to everything from inheritance taxes to health insurance for veterans, even when their marriages are legally recognized in the states they live in.

The arguments will feature top lawyers including Ted Olson (former Bush solicitor general, pro-gay marriage), Paul Clement (former Bush solicitor general, anti-gay marriage), Donald Verrilli Jr. (Obama solicitor general, pro-gay marriage, though the Obama administration is still enforcing DOMA), and Vicki Jackson (Harvard law professor who will argue that the Obama administration doesn’t belong in court). What should we watch for to gauge how these cases will come out? Here’s my checklist.

Meanwhile, in case you missed it, here are the stories about the amicus briefs from the White House and Bill Clinton,  now both in favor despite earlier efforts to the contrary, and from major businesses that have always tried assiduously to avoid taking sides on anything as controversial as same-sex marriage, but now argue that the ban hurts business.  Even prominent Republicans, including Clint Eastwood, are making a case in favor of same-sex marriage.  The times, they are a-changin’…we should find out in June, when the decisions are expected to be announced, just how much.

Guns spelled backwards is snug, and other thoughts on guns

I’ve been thinking about guns and gun control and the Second Amendment since the school shootings in Newtown, Connecticut, but today I found a guy who’s done a much better job of it than me.

I’m not a gun guy; never have been.  I was born in New York City to parents who’d been born and raised in the city, whose own parents and grandparents had lived their whole lives in New York, or Baltimore or Boston, or in Ireland and Wales in the mid-19th Century and on back…we just weren’t gun people.  What I know about actually shooting guns is what any kid from the Houston suburbs learns at a Central Texas summer camp or from going out to “the country” with his teenaged friends.   Not afraid of guns,  but not interested in them, either; I’ve thought more about guns and gun rights from the perspective of the U.S. Constitution than I ever have from a personal point of view.

My non-legal-scholar’s interpretation of the words of the Second Amendment is that it was plainly the intent of the authors to preserve the right of citizens to bear arms so that they could all participate in the common defense.  (And if you want to hunt for food or shoot for sport, fine.)  I’m aware that this interpretation is not universally accepted.  My non-mental-health-professional’s interpretation of some of the most extreme anti-gun-control arguments of the National Rifle Association and other ”gun rights” groups is that paranoia is a powerful affliction indeed.  This interpretation is not universally accepted, either.

I agree that guns don’t kill people; people using guns do kill people, though, with relative ease, and since the Second Amendment doesn’t identify a right to bear arms only for the clear-headed and law-abiding but not for the crazy or the lawless, we rightly pass laws in an effort to provide some security for all while not violating the basic rights of all.

I think most of the people who own guns are fine with that setup, and aren’t fretting away their days with worrying about having to use their guns to defend themselves from their own government.  I imagine they’re thinking some of the same things that Walter Kirn has written in The New Republic this week:

Growing up around guns and owning them as an adult affords a person memories and experiences that strangers to guns may have trouble understanding. The divide is phenomenological, not political (or not political until it gets to be), like the gulf between those who’ve had sex and those who haven’t or those who smoke and those who’ve never lit up. Pulling a trigger and being prepared to do so cuts patterns in the self. Depending on the nature of your social life, which time around guns can shape and color in ways that I’ll describe, you might forget that these patterns are even there, because you’re surrounded by people who share them—until someone or some event challenges you to answer for your thinking.

(snip)

When the time to lay blame for the [Aurora, Colorado] massacre arrived, it wasn’t Americans’ easy access to firearms that I found myself deploring, but a depraved, unbalanced culture of splatter-fest games and other dark entertainments. I blamed the potential for gruesome fame nurtured by the Internet, as well as a mental health system that’s not a system.

But then, soon enough, another mass shooting occurred, at the Sikh temple in Wisconsin. And then another, at Sandy Hook Elementary. The crimes were no longer discrete abominations but one continuous siege, it seemed, broken only by pauses for reloading. This was a war that warranted wartime thinking; cultural criticism could go to hell. The hour of reckoning had come, particularly for gun owners like me who’d never thought clearly about where we stood, only that it was somewhere between the militants and the innocents—a dangerous spot, since both sides felt attacked.

(snip)

My friend, an Army captain, a tall West Pointer, was just back from Iraq. He’d had a tough time there. We were wrapping Christmas presents. He asked me if I’d ever heard of a law passed under President George W. Bush (he called it a new “order,” actually) that established a formal military command, USNORTHCOM, over the country itself. His tone was dark, insinuating, and I looked at him, concerned. PTSD. We’re all hip to its signs (at least in others), and a moment ago my friend had asked me (oddly, I thought) to turn off a ceiling fan whirling above our heads whose blades kept distracting him as he tied ribbons.

When I asked my friend what bothered him about the Northern Command, his answer, as I half-feared, boiled down to this: Americans beware America. I pressed him. Did he seriously, genuinely believe that soldiers, our soldiers, soldiers much like himself, could possibly be prevailed upon to intimidate or attack their fellow citizens?

Affirmative. If ordered to. They’re soldiers.

(snip)

Statistics on the dangers guns pose to the health of their owners and those who live with them suggest that I’d be safer selling my guns than reserving them for Tombstone II. Trouble is, in an armed showdown, statistics tend to lose. In those who’ve learned to imagine assailants everywhere and may even have faced a real assailant, guns encourage a sense of personal exceptionalism. It’s the essence of their magnetism. Firearms exist to manage situations where rationality has failed, so thinking rationally about them can be hard.

(snip)

Will there be fewer murders with tighter gun laws—the modest laws that might actually materialize rather than the grand ones that probably won’t but will surely rev up the rhetoric and the hoarding—or only fewer or smaller massacres? Can we expect less violence altogether or merely less outrageous acts of violence? And if the answer is fewer catastrophes, fewer Auroras and Sandy Hooks, would that be a worthwhile accomplishment in itself? I think so. Horror and panic themselves are forms of violence, and diminishing them, restricting their dimensions, is itself a civilizing act.

(snip)

Of the five or six guns I’ve gathered over the decades (IF YOU KNOW HOW MANY GUNS YOU HAVE, YOU DON’T HAVE ENOUGH read a t-shirt I saw once) only one is designed to use on human beings: a .38 revolver of the type that burdened policemen’s sagging belts once, before the adoption of sleeker 9mms. The gun is a stodgy old classic, Smithsonian-worthy, that evokes the Made-in-USA age and also speaks of my distance, I like to think, from the cult of maximum firepower that draws harder-boiled folks to stores and gun shows to handle Bushmasters and similar weapons with death-dealing, quasi-military designs. Such ominous firearms hold no allure for me, in part because I doubt they’d do much good against a maniac carrying one or a hypothetical goon squad equipped with their vastly superior big brothers. Ban those guns. Neuter them. I’m fine with it. I can hunt with my shotguns and my deer gun (although I’ve grown tired of hunting), and I can protect myself from miscreants with my trusty .38.

To some in the gun-owning fraternity, this view makes me a traitor. So be it; I think they’re wrong. As they have repeatedly pointed out themselves, and as even Wayne LaPierre might agree, assault rifles are functionally similar to ordinary semi-automatic rifles, differing chiefly in their sinister cosmetics, not in their underlying ballistics. This being the case, what will be lost by giving them up? Nothing but their destabilizing allure for the grandiose, image-obsessed mass killers who favor them—and whose crimes represent a far greater risk to gun rights than does the perceived hostility of certain politicians. By assenting to such a ban, the gun-owning community can demonstrate precisely the sort of reasonable public-mindedness of which some believe it to be incapable. Otherwise, the showdown will go on and we will have only ourselves to blame if our self-destructive intransigence leaves us despised and cornered, with no way out.

I’ve quoted extensively, but please go read the rest—it’s a great, thoughtful essay that offered me, the non-gun guy,  a valuable perspective on some of what gun guys are thinking.  I already know what Tom the Dancing Bug is thinking…

td130104

(Thanks, TtheDB and GoComics.com)

and what the gun control people are thinking:

So let’s state the plain facts one more time, so that they can’t be mistaken: Gun massacres have happened many times in many countries, and in every other country, gun laws have been tightened to reflect the tragedy and the tragic knowledge of its citizens afterward. In every other country, gun massacres have subsequently become rare. In America alone, gun massacres, most often of children, happen with hideous regularity, and they happen with hideous regularity because guns are hideously and regularly available.

The people who fight and lobby and legislate to make guns regularly available are complicit in the murder of those children. They have made a clear moral choice: that the comfort and emotional reassurance they take from the possession of guns, placed in the balance even against the routine murder of innocent children, is of supreme value. Whatever satisfaction gun owners take from their guns—we know for certain that there is no prudential value in them—is more important than children’s lives. Give them credit: life is making moral choices, and that’s a moral choice, clearly made.

A thought for the day, every day

“Each time we gather to inaugurate a president, we bear witness to the enduring strength of our Constitution. We affirm the promise of our democracy. We recall that what binds this nation together is not the colors of our skin or the tenets of our faith or the origins of our names. What makes us exceptional – what makes us American – is our allegiance to an idea, articulated in a declaration made more than two centuries ago:

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.

Today we continue a never-ending journey, to bridge the meaning of those words with the realities of our time.”

–Barack Obama, Second Inaugural Address, January 21, 2013

Congratulations, America

We did some good things out there in those little voting booths yesterday…most of us…but a hearty “good on ya” to everyone who took the trouble to participate in the process beyond just running their mouths (or their typing fingers).  And as my old high school biology teacher (and football coach) used to say each Monday morning in the fall, “I’d like to say jest a few words about the happ’nins of last week.”

Light bulbThis morning McClatchy ran a pretty good early analysis of why a president who seemed to be in a neck and neck race for re-election ended up winning so decisively.

…Democrats say [President Barack] Obama was able, despite the sluggish economy, to point to achievements. He trumpeted success at preventing the economy from hitting bottom with a stimulus plan that plowed government dollars into hiring. He achieved long-sought health care legislation, enacted a firewall to prevent a relapse of the Wall Street fiasco, backed a federal bailout to save auto industry jobs, ended the war in Iraq and oversaw the raid that ended in the death of Osama bin Laden.

“Osama bin Laden is dead and General Motors is alive,” Vice President Joe Biden suggested as an Obama campaign bumper sticker. “That about sums it up, man.”

At the close of the election, Obama was boosted by a crisis beyond any candidate’s control. As the massive storm Sandy barreled up the East Coast, Obama suspended his campaign appearances to tend to the emergency response, projecting an air of confidence and compassion and avoiding the criticism that plagued former President George W. Bush in the wake of Hurricane Katrina.

Light bulbOh, and on that neck and neck thing: Nate Silver of The New York Times 538 Blog, the target of a lot of conservative venting over his analysis of state by state polls which predicted that Obama had a way better than 50-50 chance of winning, is the smartest man on the planet today: if by now we know that Obama won Florida, Silver picked every. state’s. outcome. correctly.

“Journalists who professed to be political experts were shown to be well connected, well-informed perhaps, but – on the thing that ultimately decided the result: how people were planning to vote – not well educated. They were left reporting opinions, while Nate Silver and others reported research.”

Light bulbPolitico has a list of the dozen things we learned yesterday.

7. The Bush problem lingers

Romney’s refusal to triangulate away from President George W. Bush is one of the stranger decisions he made in this political climate.

Exit polls from Tuesday night show that a majority of voters still blame Bush for the weak economy.

This could be cause for concern for former Florida Gov. Jeb Bush, who is widely viewed as a potential 2016 hopeful and is a middle-of-the-road voice on immigration reform. It’s also an issue in terms of some of the Republicans’ top figures, such as Crossroads co-founder and former Bush political strategist Karl Rove.

How the Republicans deal with this in the next two years will be telling as their chances of reclaiming the White House next time around.

Light bulbOne more thing I learned is that Mitt Romney, though clearly in emotional pain when he took the stage in Boston, was incredibly gracious in defeat, setting a terrific example when he said “This is a time of great challenge for America, and I pray that the president will be successful in guiding our nation.”  Compare that to the creepily gleeful declaration from Republican leaders four years ago that their highest priority was to make Obama a one-term president, a priority they pursued with no discernible concern for the impact of their actions on the nation they claimed to love and swore to serve.  Those among them who don’t try to live up to Romney’s “come together” example are giving us a glimpse of their true motivations.

Light bulbSpeaking of their motivations, LZ Granderson thinks the president has won some vindication from those who’ve been clamoring to “take our country back” and have never seemed to have been able to give Obama credit for anything he’s done.

So when he was awarded the Nobel Peace Prize, his critics spent more time discrediting the importance of the award than congratulating him for winning it.

When unemployment fell under 8%, they accused the Obama administration of fixing the numbers.

When the president opted to campaign instead of surveying the damage caused by Hurricane Isaac sooner, he was called selfish. When Obama left the campaign trail to survey the damage caused by Hurricane Sandy, former FEMA Director Michael Brown criticized him for responding too quickly.

Nothing he did was good enough for them.

But on Tuesday, it was good enough for the majority of real Americans.

Light bulbThe drive to extend equal protection of the law to homosexual citizens and give them the right to marry under civil law cleared another hurdle: for the first time, voters have said yes to same-sex marriageLots of them, in fact.

Light bulbThe extremists who shanghaied the once-proud Republican Party must consider if they will moderate their views on many issues to broaden their appeal or if they’d rather defend those cherished beliefs…and lose election after election because, inconvenient though it may be to admit, most Americans just don’t agree with what they seem to stand for.

Light bulbMeanwhile, the president and the current Congress must pick up the can they kicked down the road a year ago and find an answer to correcting our government’s budget deficit: if they take no action at all, there will be massive cuts to discretionary spending at the first of the year that may well push the economy into another recession.  Swell.

OK then…let’s talk about something else for awhile, OK?

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