The Constitution’s protection of an individual right to have guns for personal use restricts the powers of state and local government as much as it does those of the federal government, the Ninth Circuit Court ruled Monday. The opinion by the three-judge panel can be found here. This is the first ruling by a federal appeals court to extend the Second Amendment to the state and local level. Several cases on the same issue are now awaiting a ruling by the Seventh Circuit Court.
Ruling on an issue that is certain to reach the Supreme Court, the Circuit Court concluded “that the right to keep and bear arms” as a personal right has become a part of the Constitution as it applies to the states through the Fourteenth Amendment’s due process clause.
That right, it said, “is ‘deeply rooted in this Nation’s history and tradition.’ Colonial revolutionaries, the Founders, and a host of commentators and lawmakers living during the first one hundred years of the Republic all insisted on the fundamental nature of the right. It has long been regarded as the ‘true palladium of liberty.’
[F]ollowing the lead of the Supreme Court’s decision last June in District of Columbia v. Heller, finding a personal right in the Second Amendment for the first time, the Circuit Court concluded that the right as interpreted by the Justices is limited to “armed self-defense” in the home.
The opinion is available here.
Rep. Jane Harman , the California Democrat with a longtime involvement in intelligence issues, was overheard on an NSA wiretap telling a suspected Israeli agent that she would lobby the Justice Department reduce espionage-related charges against two officials of the American Israeli Public Affairs Committee, the most powerful pro-Israel organization in Washington.
Harman was recorded saying she would “waddle into” the AIPAC case “if you think it’ll make a difference,” according to two former senior national security officials familiar with the NSA transcript … In exchange for Harman’s help, the sources said, the suspected Israeli agent pledged to help lobby Nancy Pelosi , D-Calif., then-House minority leader, to appoint Harman chair of the Intelligence Committee after the 2006 elections, which the Democrats were heavily favored to win.
Seemingly wary of what she had just agreed to, according to an official who read the NSA transcript, Harman hung up after saying, “This conversation doesn’t exist.”
The fact that Harman was recorded via an NSA wiretap has some in the blogosphere declaring a victory for irony:
There’s a large poetic justice factor here in that Harman has been a big defender of potentially abusive surveillance so she doesn’t, personally, have much to stand on as an opponent of abusive surveillance when applied to her.
Thinking about that further reenforces (sic) the point that selective, unaccountable surveillance is very dangerous. A president could do a great deal to gin up pretexts to wiretap members of congress and blackmail them even without the members doing anything unusually egregious. But it’s also a reminder that we have a political system that’s substantially powered by a kind of systematic, quasi-legalized bribery.
Matthew Yglesias’ self-righteousness is supposedly justified by the fact that Rep. Harman backed the Bush Administration’s terrorist surveillance program, fondly remembered by the left as the inappropriately named “domestic warrantless wiretapping” program. However, Harman was not caught on tape by that program, but instead via a regular, old court-approved wiretap:
It’s true that allegations of pro-Israel lobbyists trying to help Harman get the chairmanship of the intelligence panel by lobbying and raising money for Pelosi aren’t new.
They were widely reported in 2006, along with allegations that the FBI launched an investigation of Harman that was eventually dropped for a “lack of evidence.”
What is new is that Harman is said to have been picked up on a court-approved NSA tap directed at alleged Israel covert action operations in Washington.
Nevertheless, thanks to Harman’s transgressions against the anti-war/anti-Bush left, in the form of her support of anti-terrorism activities, she is not getting any sympathy from Democrats. Which is a shame because it doesn’t necessarily appear that she’s done anything wrong here.
Because the article provides a paucity of specific information, I’m hard-pressed to figure out what Harman’s illegal action could have been. All the allegations are to unnamed sources, and there is no indication of what the supposed illegal activity was. The insinuation is that, based on earlier reports, Harman would help out AIPAC in return for the lobbying group raising money for Pelosi, who would then show her appreciation by promoting Harman to the Chairmanship of the Senate Intelligence Committee. Yet the facts as alleged don’t even support that theory.
First of all, there is nothing wrong with Harman “waddling into” the AIPAC case merely to advocate for a lighter sentence for the Israeli defendant accused of spying. It may not have been smart, nor exactly savory, but it would not have been illegal as far as I know. If instead Harman had tried to use her official powers to alter the outcome someway (which is not alleged), I could see wher there may some problems. Merely making a case for a lighter sentence does not even begin to rise to that level, however.
Furthermore, I’m not so sure that there is any real quid pro quo here. If after Harman “waddled into” the spy case, AIPAC went to Nancy Pelosi and said “that Harman chick is one swell gal! You should promote to the head of Senate intelligence panel, or something,” what would be the problem? Does AIPAC not have the freedom of speech to say they like one congressman over another? Some might think that AIPAC is a foreign lobbyist firm (it’s not), and thus should be restricted from certain activities with respect to supporting political appointments, but that’s not true. Foreign lobbyists are more restricted when it comes to elections, but no lobbyist is prevented from advocating for the appointment of an already elected official to committee assignment or the like. So, again, based on the information provided, I’m just not sure what the charge is here.
Interestingly enough, if there is anyone who should be worried about this latest report (assuming any of it is true), it is Alberto Gonzales. According to Stein’s article, other than the fact that Harman was caught on tape, the only other new news here is that “contrary to reports that the Harman investigation was dropped for ‘lack of evidence,’ it was Alberto R. Gonzales, President Bush’s top counsel and then attorney general, who intervened to stop the Harman probe.”
Why? Because, according to three top former national security officials, Gonzales wanted Harman to be able to help defend the administration’s warrantless wiretapping program, which was about break in The New York Times and engulf the White House.
As for there being “no evidence” to support the FBI probe, a source with first-hand knowledge of the wiretaps called that “bull****.”
The identity of the “suspected Israeli agent” could not be determined with certainty, and officials were extremely skittish about going beyond Harman’s involvement to discuss other aspects of the NSA eavesdropping operation against Israeli targets, which remain highly classified.
But according to the former officials familiar with the transcripts, the alleged Israeli agent asked Harman if she could use any influence she had with Gonzales, who became attorney general in 2005, to get the charges against the AIPAC officials reduced to lesser felonies.
Harman responded that Gonzales would be a difficult task, because he “just follows White House orders,” but that she might be able to influence lesser officials, according to an official who read the transcript.
According to the rest of the story, the Justice Department and the CIA were ready to conduct a full scale investigation of Harman because of the transcripts, but Gonzales stepped in and stopped it because he needed her help:
According to two officials privy to the events, Gonzales said he “needed Jane” to help support the administration’s warrantless wiretapping program, which was about to be exposed by the New York Times.
Harman, he told Goss, had helped persuade the newspaper to hold the wiretap story before, on the eve of the 2004 elections. And although it was too late to stop the Times from publishing now, she could be counted on again to help defend the program
He was right.
On Dec. 21, 2005, in the midst of a firestorm of criticism about the wiretaps, Harman issued a statement defending the operation and slamming the Times, saying, “I believe it essential to U.S. national security, and that its disclosure has damaged critical intelligence capabilities.”
Pelosi and Hastert never did get the briefing.
And thanks to grateful Bush administration officials, the investigation of Harman was effectively dead.
The problem with this version of the story is that it fails to allege what wrongdoing Harman was being accused of. Lots of “sources familiar with the transcript” are quoted, although none are named, and not a single person identified which statute or regulation Harman allegedly violated. Why is that?
Of course, regardless of whether Harman had actually committed any crime, if Gonzales called the dogs off for political reasons (as the story asserts), then he has a problem. I don’t think it would be obstruction of justice per se since, after all, he was head of the DoJ. Short-circuiting a criminal investigation for political gain, however, is exactly the sort of use of public office that Harman appears to be accused of in the Stein story.
At this point it is difficult, if not impossible, to tell exactly what happened. There are tiny whiffs of spice conjured up here there, but no real meat on any of the bones. Stein even admits at the end of his story that none of the supposed gains bargained for were actually realized:
Ironically, however, nothing much was gained by it.
The Justice Department did not back away from charging AIPAC officials Steve Rosen and Keith Weissman for trafficking in classified information.
Gonzales was engulfed by the NSA warrantless wiretapping scandal.
And Jane Harman was relegated to chairing a House Homeland Security subcommittee.
All of which calls the veracity of the story into question. I don’t know what actually went down, and apparently neither does anyone else whose willing to be named. Until there are some solid facts produced and names put behind them, this whole “scandal” looks pretty contrived in my opinion. Which really just leaves two questions: (1) Why this old story now, and (2) Cui bono? Your guess is as good as mine.
President Obama is asking for budget cuts from his Cabinet:
President Obama plans to convene his Cabinet for the first time today, where he will order members to identify a combined $100 million in budget cuts over the next 90 days, according to a senior administration official.
The budget cuts, while they would account to a minuscule portion of federal spending, are intended to signal the president’s determination to cut spending and reform government, the official said.
Obama’s order comes as he is under increasing pressure to show momentum toward his goal of eventually reducing the federal deficit, even as he goes about increasing spending in the short run to prop up the economy and support his priorities.
That’s it? $100 million? John Miller over at the NRO describes that as a “a rounding error at a Department of Agriculture regional office.” What a joke.
Well, here’s one decision the Obama administration can be glad they made – boycotting this mess:
As Iran’s President Mahmoud Ahmadinejad called for the eradication of Israel in his address to the United Nations anti-racism conference which opened it week long event in Geneva on Monday, delegates walked out, hecklers wearing clown-wigs shouted ‘racist’ towards him and were escorted out by security personnel and his speech was continually interrupted.
But hey, let’s sit down and talk with this fool – it’ll make all the difference in the world.
The UN – your third-world debating club at work.
I’m headed out today on a week of vacation, combined with the Milbloggers Conference Friday and Saturday in DC. I’ll be hosting a panel on Veteran’s Affairs.
We’re going to wander up through Charlottesville VA and the Shenandoah Valley, hit a few Civil War battlefields, hang out in Annapolis for a day and then on to DC. I’ve picked up a new video camera – one that actually works – and am going to try to capture some short vids of what we do and see.
Question to Jason or Bryan – does QandO have a YouTube Channel? If not, could one of you tech savvy guys set it up for us and let us know how we can upload stuff to it? With this new camera I’m inspired to do some Vlogging – making sure to keep my face firmly out of the vids.
Anyway, I’ll be doing more traveling than posting but I’m sure my slacker buddies on the blog will pick up the pace and keep you up to date with the normal governmental atrocities we’ve come so accustomed too these last few years.
I just sat here, right this minute, and watched Andy Rooney suggest on 60 Minutes that we should make all income tax records public, and publish everyone’s tax records. He doesn’t mind, he said, if ewveryone knows what he makes, and how much taxes he pays.
Well, guess what? I do. How much money I make, and what I do with it, is none of your goddam business.
Jebus Cripes, is there any freedom these morons are not willing to turn over to the government?
In this podcast, Bruce, Michael, Bryan, and Dale discuss the use of torture on terror suspects, and the week’s Tea Parties.
The direct link to the podcast can be found here.
The intro and outro music is Vena Cava by 50 Foot Wave, and is available for free download here.
As a reminder, if you are an iTunes user, don’t forget to subscribe to the QandO podcast, Observations, through iTunes. For those of you who don’t have iTunes, you can subscribe at Podcast Alley. And, of course, for you newsreader subscriber types, our podcast RSS Feed is here. For podcasts from 2005 to 2007, they can be accessed through the RSS Archive Feed.
And while we’re at it, let’s close the War Colleges as well.
That’s the prescription the Washington Post’s Thomas Ricks puts out today as a great way to save federal funds. Why is it the ideas these guy’s come up with to trim the federal budget are always aimed at the military and never at entitlements and the like.
Anyway, here’s what Ricks proposes:
Want to trim the federal budget and improve the military at the same time? Shut down West Point, Annapolis and the Air Force Academy, and use some of the savings to expand ROTC scholarships.
After covering the U.S. military for nearly two decades, I’ve concluded that graduates of the service academies don’t stand out compared to other officers. Yet producing them is more than twice as expensive as taking in graduates of civilian schools ($300,000 per West Point product vs. $130,000 for ROTC student). On top of the economic advantage, I’ve been told by some commanders that they prefer officers who come out of ROTC programs, because they tend to be better educated and less cynical about the military.
Now, I’ll admit it’s been a while but I’m sure the dynamic is pretty much the same now as it was when I was in.
I was an ROTC grad. Anyone who believes I was as well prepared as a West Point grad to function at the same level as them doesn’t know what they’re talking about. In today’s parlance, the West Pointers were “shovel ready” while most of us ROTC grads hadn’t even begun the bid process yet.
Of course I’m talking about my initial entry into the Army as a 2LT (of course our NCOs thought none of us were worth a crap). I had a good idea of what to expect, what was expected of me and what I’d experience, but I was far behind my West Point peers in real actual experience.
In fact, as I observed it, at company grade (the ranks 2LT, 1LT and CPT are considered “company grade” ranks), the West Point grad and the OCS grad were usually the best officers (and with obvious exceptions, I felt most of the OCS grads were a touch better than the WP guys) while the ROTC guys were playing catch-up. Around the 5 year mark, at the rank of CPT, everyone was pretty much even.
Again, these are my observations, but as we moved into the field grade ranks (the ranks MAJ, LTC and COL are “field grade” ranks), the ROTC and West Pointers began to pull away from the OCS grads. However, at both levels, West Pointers were right there among the best because they’d been taught and taught pretty well to function at both levels.
So I don’t buy this fellow’s two-year informal study at all.
I mean think about it – I went to one drill a week, not a number off them daily. And, in advanced ROTC, I went to ROTC classes three times a week. If you believe that schedule can compete with 4 years of being steeped in the military culture, visiting various military posts and schools, lectures from leaders in your field and having real, actual leadership and command responsibility during that time, then I’ve got a bridge in Brooklyn in which you’d be interested. Not even close.
Ricks’ tries the usual academic elitist argument as well:
They remind me of the best of the Ivy League, but too often they’re getting community-college educations. Although West Point’s history and social science departments provided much intellectual firepower in rethinking the U.S. approach to Iraq, most of West Point’s faculty lacks doctorates.
Of course, as regulars here have had the opportunity to discover, PhD’s aren’t all they’re cracked up to be as the one who roams the comment section here demonstrates almost daily. Obviously the “intellectual firepower” Ricks notes would seem to be a fairly important to a school of that type. I don’t remember any of the schools with ROTC adding to that process of rethinking our strategy in Iraq.
That’s because you’ll find some of our finest military minds teaching at West Point. They’re also immersed in a culture that inspires and promotes that sort of thinking. What they bring to those schools can’t be bestowed by any sheepskin. Many of them are serving officers who come from a stint in the field to the classroom where they bring a freshness to their teaching which is utterly unlike the stale academic atmosphere found in most traditional institutions of higher learning.
Lastly, the comparison to a community college education is pretty ignorant because it ignores the purpose of the service academies. They do what they are there to do and do it well. And I have never heard an academy grad complain about his or her education. Their ability to earn advanced degrees at elite civilian universities seems to argue that it is much more than the level of a community college (unless we now have community college grands routinely headed to Harvard, Yale and Princeton as WP grads do).
I’d apply the same arguments to the War colleges. They’re there to serve a part of a very important process – to provide the transition from field command to higher command and staff positions involving policy, strategy and international relations for the brightest and best. They’re very selective. They also provide the next generation of the nation’s senior leaders the opportunity to begin networking among those with whom they’ll most likely be serving as general officers.
So, as you might imagine, I find Ricks conclusions based in some fairly poor assumptions based in conversations instead of any real experience. Not that such conclusions are surprising anymore – we’re no longer strangers to journalists who think a couple of years and a couple of conversations somehow bestow a depth of knowledge about a subject which is simply irrefutable.
Personally, I’d much rather Ricks take a look at the massive waste to be found in most of the rest federal government’s spending and tell us why it’s involved in programs that build museums for Liberace, bailing out failing car companies, or paying to research the mating habit of wombats, or sea slugs, or whatever.
Who knows, he might actually know something about those subjects. If we’ve got to get rid of something, I personally think this is a good idea.
A level of economic government intrusion is now being contemplated like none we’ve ever seen before. If you didn’t understand the one of the main purposes of the tea parties, perhaps this will help.
But what Obama rarely says about ending the “cycle of bubble and bust” is this: he’s prepared to intervene to make sure that kind of red-hot growth doesn’t occur.
And he’s willing to do it with added government regulation if needed to prevent any one sector of the economy from getting out of balance – the way the dot-com boom did in the 1990s and the real-estate market did earlier this decade.
According to Austan Goolsbee, a key Obama economic adviser, the president plans to focus on stopping bubbles along with preventing busts. And in an interview with POLITICO, Goolsbee said the administration will be on the lookout for new bubbles, like the tech stocks or housing prices.
If new threats are spotted, he said Obama would use “regulatory oversight to prevent guys who want to make a quick buck from doing real harm to the economy. . .That is what it means to get out of the bubble and bust cycle.”
In other words, government would decide what is or isn’t a “bubble” and move to stop what it determines is a bubble. As CATO points out, one man’s expansion might be another’s “bubble”. Are you comfortable with government calling that shot?
And government would also arbitrarily decide who was or wasn’t entitled to profit from that market – it would be the final determiner of who was or wasn’t making a “quick buck” from the growth.
Any idea what that would do to any market in which the government stepped in to slow down?
Yeah, nothing could go wrong that that idea, could it?
Bottom line: you have a governing elite picking winners and losers.
Thankfully, it isn’t quite as easy as you might imagine to do what Goolsbee and Obama would like to do.
…[T]here’s not much an administration can do in practical terms to burst a developing bubble. The best way to cool things down is raising interest rates, which is the purview of the Federal Reserve. Another option would be for regulators to order banks to curtail lending to buyers of certain kinds of assets.
The lesson here, of course isn’t necessary the plan itself, but the fact that those in a position of power are contemplating this seriously. Those aren’t the plans of a moderate, and certainly not those of a capitalist. They’re the plans of a group who apparently believes that complex economies can indeed be controlled and manipulated successfully from above.
Amazing hubris. Even more amazing arrogance. Most importantly, incredibly dangerous economic thinking.