GOVERNMENT & POLITICS

Ding, dong, the bill is dead

To quote presidential candidate Rep. Ron Paul, “Today, we had good news from the U.S. Senate—not exactly a normal occurrence—when the president’s immigration bill went down in flames.” By a 46-53 vote, the legislation failed to gain cloture and Senate Majority Leader Harry Reid (D-NV) once again pulled the bill from the floor for the foreseeable future. President Bush, the number-one backer of the “comprehensive reform” idea, stared down political defeat again. “Legal immigration is one of the top concerns of the American people, and Congress’ failure to act on it is a disappointment,” he said. “A lot of us worked hard to see if we couldn’t find common ground. It didn’t work.” “A lot of us” indeed. The Senate switchboard went down due to angry calls from constituents!

As amendment after amendment to shore up bad aspects of the bill went down in defeat, it became increasingly clear that the bill would fail. The House Republican Conference even took the unusual step of voting to express disapproval of the bill. Of course, this new third rail of politics stands practically no chance of being dealt with again until 2009. In the meantime, a good start would be enforcement of laws already on the books and ramped-up construction of the already approved 850-mile fence—only 13 miles of which have been completed.

Speaking of enforcement, the Panama City Beach, Florida, sheriff’s department has a plan for catching illegal aliens. As the Associated Press reports, “Deputies in patrol cars pull up to a construction site in force and watch to see who runs. Those who take off are chased down and arrested on charges such as trespassing, for cutting through someone else’s property, loitering, for hiding out in someone’s yard or reckless driving, for speeding off in a car. U.S. immigration authorities are then given the names of those believed to be in this country illegally.” The ACLU might be complaining, but as the AP also notes, “Illegal immigrants are leaving town.”

This week’s ‘Braying Jackass’ award:

“I’ve had people at my back calling because of programs like yours saying, ‘If you vote for this bill, then it’s the end of your political career.’ And I just want you to know, and I want everyone else to know: You. Do. Not. Intimidate. George Voinovich. This is my 40th year in this business.” —Sen. George Voinovich (RINO-OH) Sean Hannity’s radio show

Judicial Benchmarks: Supreme Court ends term

The Supreme Court announced four important decisions in this, the final week of its term. Chief Justice Roberts, and Justices Scalia, Kennedy, Thomas and Alito formed the majority in all of them.

In Morse v. Frederick, a high-school student unfurled a banner reading “Bong Hits 4 Jesus.” The principal suspended him; he sued her for violating his freedom of speech. (All justices agreed qualified immunity protected her from paying damages.) The leading precedent was Tinker v. Des Moines, a 1968 case holding students had a right to wear armbands in protest of the Vietnam War. The majority distinguished Tinker’s political speech from Frederick’s, which the Court found could reasonably be interpreted as celebrating or advocating drug use. In light of the school’s educational mission of preventing drug abuse, the Court found the principal could suppress the banner, whereas the result might be different if he advocated legalizing marijuana for medicinal/religious purposes. The Court rejected, however, the school’s position that it could ban any speech deemed “offensive,” noting “much political and religious speech might be perceived as offensive to some.”

In Hein v. Freedom of Religion Foundation Inc., the Court considered a challenge to the President’s Faith-Based and Community Initiatives by taxpayers who argued its activities violated the Establishment clause, and whether their status as taxpayers automatically entitled them to challenge the program in court. Ordinarily, taxpayers may not challenge a congressional expenditure absent a showing of some individualized injury, lest every taxpayer challenge every program to which he objects. Another 1968 case, Flast v. Cohen, created a special exception for congressional expenses supporting religion. Justices Alito, Roberts and Kennedy distinguished Flast, as it concerned the activities of the Legislative, not the Executive branch. Souter, Stevens, Ginsburg and Breyer found this distinction unpersuasive and favored allowing the taxpayer challenge. It was actually Flast itself that contrasted legislative and executive activities; it had distinguished a 1952 case that barred challenge to schoolteachers’ public Bible reading, as that earlier case involved the “administration of an essentially regulatory statute.”

The most-widely watched case, FEC v. Wisconsin Right to Life, Inc., dealt Senator McCain his second political defeat of the week, though regrettably not a large enough defeat. In McConnell v. Federal Election Commission (2003), the Court found it possible that the McCain-Feingold campaign-finance “reform” act could be applied constitutionally. This week’s case distinguished restrictions on “express advocacy” (“Vote for Pedro!”), from “issue advocacy” (“McCain-Feingold is unconstitutional!”). McConnell permitted restriction on express advocacy and its “functional equivalent.” The Wisconsin group had run ads, including one in which, after the pastor asks who will give away the bride, her father responds with instructions on installing drywall. The voiceover emphasized that some decisions should not be delayed, i.e., Senators Feingold and Kohl should allow Senate votes on judicial nominees. (Few reports have noted that Feingold’s law was used to suppress criticism of him.)

Justices Roberts and Alito found that the ads enjoyed First Amendment protection. Whereas McConnell held the compelling interest of limiting contributions for political favors justified restrictions on express ads, no such concerns justified restricting issue ads. The four dissenters feared that issue-ad buyers could still “improperly” buy influence and stated that advocacy groups could still advertise in newspapers, which of course love the law—it doesn’t restrict their speech.

In the fourth case (actually two joint cases), Parents Involved in Community Schools Inc. v. Seattle School District and Meredith v. Jefferson County (Ky.) Board of Education, the Court found that, in the words of Chief Justice John Roberts, “The way to stop discrimination on the basis of race is to stop discriminating on the basis of race.” In short, school districts in Seattle and Louisville were using race to ensure “diversity” among their student populations; the Court ruled that this violates the Constitution’s guarantee of equal protection to individuals. The Left is decrying the decision as practically overturning Brown v. (Topeka) Board of Education. We tend to agree with the majority that it rather fulfills the precedent.

The cases show a sharp contrast between Scalia and Thomas, who insist upon logical consistency, and Roberts and Alito, who accept partial victories. The new justices prefer to distinguish precedents rather than overturn them, observing Roberts’ maxim that if it is not necessary to decide more, it is necessary not to decide more. On the one hand, the Roberts/Alito approach has been successful in creating a majority with Kennedy. On the other, the net effect could be muddier waters.

Demos to revive ‘Fairness Doctrine’

Rumor has it that Senate Democrats are hoping to bring back the Fairness Doctrine, an FCC rule scrapped 20 years ago that called for broadcast licensees to give equal time to opposing viewpoints on matters of public importance. The conservative dominance of talk radio has led liberals to move toward reviving it, but don’t think for a moment this is in the interest of fairness. It is worth noting that the one medium those on the Left keep coming back to is radio. They don’t complain about newspapers, network evening news or the largest selling weekly newsmagazines, because those venues are all comfortably liberal. Yet, because the largest audiences in radio belong to conservative hosts, Demos want to create a picture that equal time is not being given to liberal viewpoints. In fact, conservative dominance of talk radio merely reflects conservative pre-eminence in the marketplace of ideas. No wonder liberals don’t get it.

The most likely outcome of the reinstitution of the Fairness Doctrine is a return to the timid days of canned news and views, when government challenges to private broadcasters were enough to keep many reporters and editorialists from stirring controversy and drawing attention to politicians. A media culture such as this promotes incumbency in public office, but it does not serve the best interests of the public.

This week’s ‘Alpha Jackass’ award:

“I’m all for the Fairness Doctrine, whatever that is.” —Sen. George Voinovich (RINO-OH) when asked by radio talk-show host Sean Hannity about the idea

Justice nominees getting hard to find

Justice Department official Bill Mercer has withdrawn his name from consideration for the number-three slot, citing in a letter to Attorney General Alberto Gonzales that it is unlikely he will be confirmed to fill permanently the position he has held on an interim basis since last September. Mercer is among those believed to be involved in the firing of eight U.S. attorneys last year, and correctly assumed that his confirmation would never be considered until Senate Demos receive the e-mails and witnesses they have demanded from the White House.

The witch hunt that Democrats have artfully pursued in an attempt to claim Gonzales’ scalp has brought the resignation of six senior Justice officials, including Mercer, who intends to leave Washington and continue his work as a U.S. attorney in Montana. Sen. Chuck Schumer (D-Salem) claims that Gonzales no longer has the confidence of the public, yet it is the actions of Schumer’s own party that have created the chaotic atmosphere that now exists. It has become increasingly difficult to find qualified attorneys willing to fill open positions because of this grotesquely politicized drama.

Employee ‘Free Choice’ is dead (for now)

In the shadow of a heated immigration debate, labor unions and their allies were dealt another blow as S. 1041, the ridiculously misnamed “Employee Free Choice Act,” failed to attain cloture in the Senate. The legislation would have allowed union recognition once it was ascertained that a majority of employees at a place of business signed cards recognizing a union. While unions cited this as de facto proof that representation was desired, business groups charged that not allowing the secrecy of the union vote could lead to bullying and intimidation of employees to sign the union cards. According to government statistics, unions win only about three fifths of representation votes.

By maintaining near-perfect party unity and not allowing 60 votes for the measure, the minority Republicans effectively kept debate open on the bill, which forced it to be dropped. Only Sen. Arlen Specter (RINO-PA) voted with the 50 Democrats who were present for cloture. Still, Democrats vow to keep trying. “We will keep coming back [with a similar bill] year after year after year,” threatened Sen. Sherrod Brown (D-OH). A similar bill passed the House back in March, with 13 cowardly Republicans, mostly from union states, joining all but two Democrats to back the bill.

New Senator sworn in

Dr. John Brassaro, an orthopedic surgeon, was sworn in this week as senator from Wyoming, replacing GOP Senator Craig Thomas, who died from leukemia 4 June. As a Republican state senator, Brassaro sponsored bills to protect doctors from frivolous lawsuits and was often consulted on health and fitness issues. Brassaro is expected to become the GOP’s go-to guy on healthcare in Congress while he works to shore up his own base before next year’s race, when he will run for a full term in his own right.

Demand grows for Thompson announcement

When WSMV-TV of Nashville reported this week that Fred Thompson would be making Nashville the home of his presidential campaign headquarters, there was an assumption that he would be formally announcing his candidacy for the White House. No such luck yet, but the buzz around this simple announcement is as sure a sign as any that his entry is both imminent and highly anticipated.

When Thompson does announce, the dynamics of the race for the Republican nomination will completely change. To this point, none of the frontrunners has captured the hearts of American conservatives. In particular, John McCain may have suffered irreparable damage due to his attachment to the failed immigration-reform bill. Thompson already ranks at or near the top of several nationwide polls without having made a formal announcement of his candidacy.

Even his ex-wife and some of his old flames in politics and entertainment have pledged to campaign for him. Country singer and former girlfriend Lorrie Morgan gushed, “I couldn’t think of a bad word to say about Fred if somebody put a gun to my head. Fred is a perfect example of chivalry. He’s the kind of man little girls dream about marrying…” It’ll be interesting to see whether Monica Lewinsky exhibits an equal measure of enthusiasm for Hillary’s candidacy.

NATIONAL SECURITY

Warfront with Jihadistan: Bombs and ‘The Speech’

A massive bomb blast on Monday at a hotel in Baghdad killed six sheiks and political officials who supported the arming of Sunni tribes in order to help fight al-Qa’ida in Iraq. The attack killed 12 altogether and risked fracturing an emerging alliance between Iraq’s minority Sunnis and majority Shi’ites. It occurred just a day after negotiations with Prime Minister Maliki’s government that would formalize the groups’ relationship with the Iraqi government. As The Patriot has noted previously, the administration hopes that a Sunni/Shi’ite alliance will help stabilize the Iraqi government while also turning the Iraqi population against extremists of both sides, as well as al-Qa’ida, which is believed to be behind the attack. This blast matches the MO of other recent attacks aimed at pitting Sunni against Shi’ite, such as last week’s attack against the Khalani Mosque. Sadly, the al-Qa’ida tactic may be working as two prominent Sunni tribesmen made new threats against the Shi’ites, blaming Monday’s attack on Maliki’s government or Shi’ite agents of Iran.

Elsewhere in Iraq, newly arrived U.S. troops are staging multiple offensives (Operation Arrowhead Ripper) around Baghdad, targeting militia networks responsible for bringing powerful bombs from Iran into Iraq. Last Sunday, in another small step for Iraqi justice, a frail looking “Chemical Ali,” Saddam Hussein’s cousin, was sentenced to hang for murdering Iraqi Kurds with poison gas in the 1980s.

On the home front, Sen. Richard Lugar (R-IN) gave a speech Monday calling for a drawdown of U.S. forces in Iraq. It should be obvious that our strategic goals in the Middle East, which Lugar dutifully noted, will be better served by staying in Iraq. Yet this speech has the back-room strategy feel: The end game is about putting political pressure on the Iraqi government to gain better control themselves, something all parties can agree on.

Profiles of valor: Marine Corps Staff Sgt. Viggiani

Serving with Charlie Company, 1st Battalion, 6th Marines, Staff Sgt. Anthony Viggiani was patrolling the mountainous region of the Zabol Province in Afghanistan when his squad came under intense fire from Taliban militants. The assault left two wounded Marines pinned behind a small rock. Worse, the terrain made it nearly impossible at first to see where the gunfire was coming from.

As Viggiani and a fellow Marine crept up the steep slopes, they encountered direct fire from a cave, where the militants had continued their assault against the two wounded Marines. With his entire squad pinned down by enemy fire, Viggiani was the only one left who could take out the militants. Moving into a better position, he saw movement within the cave and fired repeatedly, eventually taking out three insurgent fighters by tossing a grenade. The fight was not over, however. Although Viggiani was shot in the leg by enemy fire from another direction, he refused medical treatment and kept fighting while assisting other wounded Marines. In all, Viggiani and his squad eliminated 14 insurgents.

For his heroism that day, Viggiani was awarded the Navy Cross, the highest Marine honor. “If somebody does their job, brings the boys home alive and accomplishes the mission, that’s it to me,” he said. “All of my boys, I wouldn’t trade them for anything.”

In other Marine news, former Marine Bill Barnes, 72, of Michigan displayed his true grit by taking out a 27-year-old pickpocket. When he felt a hand reaching for cash in his pocket, he grabbed the offending wrist and promptly landed six or seven punches. Barnes later quipped, “I wouldn’t want my wife to give me hell for lettin’ that guy get my money.” Ooohrah! Semper Fi!

IAEA buys Iran more time

Fool me once, fool me twice—heck, fool me as many times as you want to! Iran has invited the UN’s International Atomic Energy Agency—the watchdog for Non-Proliferation Treaty compliance—to talks in Tehran aimed at removing “suspicions” about Iran’s nuclear program. Despite more than four years of Iranian mendacity, evasion, taunting and defiance, the UN apparently has never seen a meeting that it didn’t prefer over action, and IAEA representatives will indeed go to Tehran to talk with the Iranians.

What in the name of Albert Einstein can there possibly remain to talk about when it comes to Iran’s nuclear program? The IAEA’s charter could not be simpler: Verify, through unfettered inspection of facilities and monitoring of activities, that NPT non-weapons states are keeping their word to use their nuclear programs only for the peaceful generation of electricity, and that they are not diverting uranium or plutonium to possible weapons uses. Iran has gamed the IAEA for more than four years now on that very simple issue, and the IAEA still cannot verify that Iran is in compliance with the NPT. For more than two years it has been clear that Iran is simply stalling for time and counting the days until George W. Bush leaves office, and they have laughed off three UN Security Council resolutions aimed at prompting Iranian cooperation in the meantime. Now, just at the time when the next round of UN sanctions is looming, including the possibility of sanctions on Iran’s energy sector, the IAEA agrees to talk with Iran, on Iran’s turf and at Iran’s invitation. Of course, no UN Security Council action will be taken as long as Iran and the IAEA are talking. One begins to suspect that the IAEA is simply counting days until January 2009 as well.

Around the world: Blair’s new job

Straight from Downing Street to the Middle East… Upon his official resignation this week, outgoing British Prime Minister Tony Blair accepted the call of the Quartet of Middle East mediators—the U.S., European Union, Russia and the UN—to be the new Middle East peace envoy. His duties will consist mainly of solidifying Palestinian institutions. Blair’s qualifications include his success in brokering peace in Northern Ireland and the fact that he is considered a friend of both Israel and the Palestinians. However, a taller order could hardly be given: Work for peace between Palestinian factions. With the takeover of the Gaza Strip by Hamas and the emergency Fatah-led government in the West Bank, Blair’s job appears impossible. Indeed, former World Bank head James Wolfensohn, Blair’s predecessor, gave up after less than a year in the post. It seems odd that Blair, who succumbed to growing pressure to step down as Prime Minister due to the unpopular Iraq war, would want to head straight for the Middle East again. Success, we predict, will continue to be elusive.

We would also remind Blair’s successor, Gordon Brown, to remain vigilant in the fight against Jihadistan. Just today, British police prevented a car bomb from exploding in London’s nightclub and theater district, perpetrated by what the BBC calls “international elements.”

BUSINESS & ECONOMY

World Bank approves Zoellick

Memo to entrenched bureaucrats at the World Bank hoping for a reprieve from the corruption-fighting days of former President Paul Wolfowitz: Incoming President Robert Zoellick is not going to go easy on you. “Corruption is a cancer that steals from the poor, eats away at governance and moral fiber and destroys trust,” Zoellick said. “The challenge is how best to clean corruption out. That’s what the World Bank must diagnose, determine and execute in concert with developing and developed countries.” To be sure, Zoellick has a reputation for hard bargaining as a former deputy secretary of state and trade envoy, and he comes without much of the automatic opposition Wolfowitz faced. While the bank board unanimously approved him, Zoellick has a tall order in cleaning up the corrupt World Bank. We hold out little hope that even he will be successful.

Oil companies’ troubles in Venezuela

Exxon Mobil Corp. and ConocoPhillips have walked away from oil-rich Venezuela and possibly their own multibillion-dollar investments there. Venezuelan President Hugo Chavez in recent months has undertaken major nationalization efforts in the oil industry with which Exxon and Conoco refused to comply. However, the two companies retained the option of seeking compensation through arbitration. Four other oil companies (Chevron, Statoil, Total and BP) signed over majority stakes to Venezuela’s state oil company, Petroleos de Venezuela, SA, this week. Conoco will write off $4.5 billion in losses over the dispute, which totals five percent of its crude production and ten percent of its reserves; Exxon’s loss has not been released, though its investment in Venezuela is smaller.

Oil companies have little recourse in terms of relocating; either governments dictate strict nationalizing terms, as in Venezuela and Russia, which is also pressuring Exxon, or environmentalists stand in the way of progress, as in the U.S.

Oil companies’ troubles in the U.S.

Don’t look for gas prices to fall any time soon. Thanks in part to a late “spring cleaning” for a large portion of U.S. oil refineries, oil production remains low for the summer months. Experts note that because no new refineries have been constructed in the U.S. since the 1970s, equipment at operating facilities is strained because of demand and the burdensome requirements of federal clean-fuel standards. This translates into increased downtime for maintenance and higher oil prices. However, with refinery profits still soaring (up 50 percent from last year’s first quarter), the short-sighted Senate decided to intervene, passing a bill last week that would punish such companies for “price gouging.” This move will not help gasoline consumers, but merely create shortages and perhaps even lines at the pump, a la the 1970s.

Speaking of federal intervention where it doesn’t belong, the Department of Energy announced the creation of three new bio-energy research facilities at a cost of $25 million a year, per lab, as part of the Bush administration’s focus on renewable energy. The DoE also awarded Massachusetts and Texas $2-million grants for wind-technology research, now considered the fastest growing source of alternative energy. With American tax dollars behind it, it’s no wonder. While such research is all well and good, if the President wants to get serious about energy independence, market-based solutions, in the form of more refining capacity, more offshore drilling and less resistance to tapping into that vast wasteland otherwise known as the Arctic National Wildlife Refuge are the practical solutions.

CULTURE

Environmentalism causes fires

As fires destroyed homes and charred the landscape around Lake Tahoe, California, this past week, area homeowners had no question of whom to blame. They didn’t point the finger at heat or drought—not even global warming or President Bush—but rather at the Tahoe Regional Planning Agency (TRPA), a bi-state environmental land-use agency that oversees the area’s resources. Environmentalist-driven policies hindering the removal of dead trees have made the area a virtual tinderbox. As government agencies and environmentalists have butted heads over how to thin forests to reduce the threat of fires, the level of fuel in the Tahoe Basin crept to critical heights.

The same environmentalists who panic at global warming, fuel emissions and the evils of corporate pollution are strangely silent when it comes to disasters of their own making. In the eloquent words of one Tahoe area resident, “What a joke!”

Around the nation: Nifong faces criminal charges

For Mike Nifong, the disgraced former Durham district attorney and prosecutor of the Duke University lacrosse-team rape scandal, the story is far from over. Nifong surrendered his law license before the North Carolina State Bar disciplinary panel last week after he was found guilty of “dishonesty, fraud, deceit or misrepresentation” in the prosecution of three Duke student-athletes for a crime that never took place. According to the panel, Nifong is guilty of 19 ethics violations, including failure to disclose to the students’ attorneys DNA evidence that would have aided their defense.

While for a time it looked as though Nifong wouldn’t face prosecution for his gross malfeasance, the former Duke students this week filed a motion asking that criminal-contempt charges be brought against him. If found guilty, Nifong could face incarceration or fines. No word yet on whether the accuser will also face charges for lying about the whole affair.

Pollaganda: Young people are liberal

The latest New York Times/CBS News/MTV poll reveals something that should be completely obvious to everyone: Young people are more liberal than their elders. Younger Americans are more likely than their elders to favor government healthcare, same-sex marriage and open-door immigration, while holding a much higher view of the Democratic Party than the GOP. Of course, The New York Times trumpets what amounts to be mere pluralities on two issues: open immigration and same-sex marriage (30 percent and 44 percent, respectively). Also, the disinformation campaign by Democrats and their accomplices in the press has convinced 42 percent of young Americans that a draft will be reinstated… by Republicans. We seem to remember the only congressman to have called for a draft in recent times is New York Democrat Charlie Rangel.

All in all, this poll simply lends further credence to our theory that liberals are children who never grew up.

Court Jesters: Judge Fancy Pants defeated

DC Superior Court Judge Judith Bartnoff ruled on Monday in favor of immigrant dry cleaners who had been targeted by Judge Roy Pearson, Jr., in a $54-million lawsuit over a single pair of pants. The defendants said the trial nearly cost them the shirts off their backs, but the ruling spells out that Pearson is to cover their costs. “[Pearson] takes nothing from the defendants, and defendants… are awarded the costs of this action against the plaintiff,” the ruling read. The lawsuit, originally filed for $67 million, was met with well-deserved ridicule and international media attention. The high point of the standing-room-only two-day trial was Pearson leaving the courtroom in a tearful fit after recounting his trouser troubles.

And last…

From the Legal Lotto files: “Michigan Woman Claims Starburst Candies Are Dangerously Chewy in Lawsuit” reads the headline. One might expect that a candy called a “Fruit Chew” would be… well, chewy. However, the excessive chewiness of one particular yellow Starburst “literally locked my jaw,” said the plaintiff. “[I]t just literally pulled my jaw out of joint.” For the trouble of developing temporal mandibular joint dysfunction, the woman is suing for what these days is a measly sum: $25,000. (Compare that to the $54 million sought by the aforementioned Judge Pearson for a lost pair of pants.) The plaintiff claims she still has trouble chewing, talking and sleeping. Before passing judgment, however, we will refer readers to the selflessness of the aggrieved: “I don’t want to see anybody else have to go through what I have gone through from eating a piece of candy that was supposed to be soft chew.” See there, she’s just looking out for the well being of all of us.

Veritas vos Liberabit—Semper Vigilo, Fortis, Paratus, et Fidelis! Mark Alexander, Publisher, for The Patriot’s editors and staff. (Please pray for our Patriot Armed Forces standing in harm’s way around the world, and for their families—especially families of those fallen Soldiers, Sailors, Airmen, Marines and Coast Guardsmen, who have died in defense of American liberty, while prosecuting the war with Jihadistan.)