Taxpayers are chumps

March 31, 2009

(Stop me if you’ve heard this one before. . .)  The latest Obama cabinet appointment with unpaid tax is HHS nominee Kathleen Sebelius:

Health and Human Services nominee Kathleen Sebelius recently corrected three years of tax returns and paid more than $7,000 in back taxes after finding “unintentional errors” _ the latest tax troubles for an Obama administration nominee. The Kansas governor explained the changes to senators in a letter dated Tuesday that the administration released. She said they involved charitable contributions, the sale of a home and business expenses.

(Via Instapundit.)

Here’s the updated scorecard:

  • Geithner, Treasury Secretary (confirmed)
  • Daschle, HHS Secretary (withdrawn)
  • Killefer, “Chief Performance Officer” (withdrawn)
  • Solis, Labor Secretary (confirmed)
  • Emanuel, Chief of Staff (no confirmation required)
  • Kirk, US Trade Representative (confirmed)
  • Sebelius, HHS Secretary (nominated)

Sebelius’s last trip into the national limelight was when when she politicized a tornado disaster by blaming the Iraq War for missing equipment.  The charge ultimately proved to be entirely without merit, which was obvious from the outset to anyone who knew how the military was managing equipment in Iraq.


EEOC violated labor law

March 31, 2009

The Washington Post reports:

The Equal Employment Opportunity Commission, responsible for ensuring that the nation’s workers are treated fairly, has itself willfully violated the Fair Labor Standards Act on a nationwide basis with its own employees, an arbitrator has ruled.

The agency’s practice of offering compensatory time off to its employees rather than overtime pay amounted to “forced volunteering” and was a knowing violation of the law, according to the ruling.

“The case before me, in my view, demonstrates action that went beyond mere negligence,” arbitrator Steven M. Wolf wrote in a decision released last week.

(Via Hot Air.)

I’m surprised that the Fair Labor Standards Act actually applies to government agencies.  Usually the government exempts itself from the rules it imposes on the private sector.


Don’t know much history

March 31, 2009

Senate Budget Chairman Kent Conrad (D-ND) seems to think that Herbert Hoover was a laissez-faire conservative:

That’s going back to Hoover economics. The notion that the government doesn’t have much of a role, that the market will correct itself on its own. It didn’t work in the Great Depression, it wouldn’t work here, and even the previous administration recognized that.

It’s not remotely true; Hoover was a progressive interventionist.  In fact, such was Hoover’s reputation among progressives that in 1920 there was talk of a Hoover-Roosevelt Democratic ticket.  During the 1932 campaign, Hoover proclaimed:

Two courses were open to us. We might have done nothing. That would have been utter ruin. Instead, we met the situation with proposals to private business and to the Congress of the most gigantic program of economic defense and counterattack ever evolved in the history of the Republic. We put that program in action.

The most that can be said is that Hoover’s “gigantic program of economic counterattack” paled in comparison to his successor’s.

Perhaps Conrad is confusing Hoover with his predecessor, Calvin Coolidge.  Coolidge was a laissez-faire conservative, and he was frequently at odds with Hoover (his Secretary of Commerce). Regarding Hoover, he once remarked “for six years that man has given me unsolicited advice–all of it bad.”

Coolidge’s worst mistake, in retrospect, probably was declining to run for re-election.  He said, if he were elected to a second full term, that would make him president for ten years, “longer than any other man has had it–too long!”  We never found out how Coolidge’s policies would have worked.  Probably he would have let the banks fail, which we know now was one of the major causes of the depression.  On the other hand, Smoot-Hawley, another major cause of the depression, would certainly not have become law in the Coolidge administration.

It’s not surprising that the left wants to make Hoover into a laissez-faire conservative.  Hoover, after all, was a disaster.  But it’s far from the truth.


First impressions work

March 31, 2009

From the annals of surprising research results: new research suggests that one can get an accurate sense of someone’s creditworthiness by looking at their face.  That’s in the sense that physiognomy has statistically significant predictive value that is independent of other measurable factors.


Banks look to return TARP money

March 31, 2009

When the bank bailout was carried out, Secretary Paulson strong-armed all the major banks into taking the money, including those that didn’t need it.  The idea was that if only the weak banks took the money, taking TARP funds would become a stigma of instability, which could further weaken the banks they were trying to save.

Now, many of those banks are regretting going along with the scheme. The government’s (predictable) interference in their affairs is making it hard to do business.  In particular, restrictions on executive pay is making it hard to them to retain good people.  Consequently, many banks want to give the money back.  (Via Instapundit.)

Ah, but it’s not so simple, because the government won’t let them return the money until regulators complete a “stress-test” of the banks (whatever that means), which will happen, well, some time in the future.

The long-term consequence of this is the business world has learned not to accept the government’s money unless they really, really need it.  Consequently, the government will probably never be able to carry out a TARP-like bailout again.  Depending on what you think of the bailout, that might be a good thing.  The irony is it’s exactly the people who believe in government intervention in the economy who are doing it.

UPDATE: Dear God.  Barney Frank thinks that the government should be setting salaries throughout Wall Street, not just at TARP recipients.

UPDATE: More here on how the government forced the money on banks, and now refuse to accept it back.  (Via Instapundit.)


Google makes deal to steal books

March 31, 2009

If Lynn Chu’s Wall Street Journal op-ed is accurate, the class-action lawsuit against Google for digitizing and posting copyrighted books is reaching a horrifying conclusion.  Apparently, Google has reached a settlement in which Google gets to post books, and a new entity is created that decides how much the authors will be paid.  (Also, the class-action lawyers make $30 million.)  Shockingly, this arrangement would apply to authors who are not a party to the litigation and have not consented to the settlement.

This can’t be right, can it?  The comments to Jonathan Adler’s strongly suggest it is, at least to some extent (it’s hard to know what a 385-page legal settlement actually means).  Lynn Chu expands on authors’ options here.


Commissar-in-chief

March 31, 2009

The LA Times comments:

Reporting from Washington — President Obama’s plan to save failing U.S. automakers — and make them the instruments for creating a cleaner, greener transportation system — marked a major step across the line that traditionally separates government from private industry.

His announcement Monday of a new position on bailing out Detroit went beyond a desire to be sure tax dollars were not wasted in bailing out struggling companies. It put the Obama administration squarely in the position of adopting a so-called industrial policy, in which government officials, not business executives or the free market, decided what kinds of products a company would make and how it would chart its future.

His automotive task force concluded, for example, that the Chevy Volt, the electric car being developed by General Motors Corp., would be too expensive to survive in the marketplace. It declared that GM was still relying too much on high-margin trucks and SUVs, and that Chrysler’s best hope was to merge with a foreign automaker, Fiat.

Judgments like those are usually rendered in corporate boardrooms or announced in quarterly reports. But this time they were coming directly from the White House.

President Obama says he doesn’t want to run GM, but apparently he means that only in the sense that he doesn’t want to manage its day-to-day operations.  Choosing the CEO, dictating business plans, and passing judgement on products; all that he is willing to do.

Obama says he doesn’t want to waste the taxpayers’ money.  That’s a load of crap.  Every dollar we put into these failing companies is wasted.  Soon these companies will be going into bankruptcy; everyone sees that now.  We could have let them go into bankruptcy several billion dollars ago.

But apparently we now live in a country where the government runs businesses, and not merely in the old-fashioned way (“you’d better make more home loans to low-income buyers, or else”) either.  We have a model of how government-run businesses work out, and it’s not pretty.

UPDATE: I guess the Democrats are serious about getting the government into the auto business.  House Majority Leader Steny Hoyer wants to create a trade-in program.  (Via the Corner.)


Act your age

March 30, 2009

As a child, the standard cry whenever you lose something is “who stole my pencil?” (or whatever).  To a child, it doesn’t occur that he simply forgot where he left it, it must be the fault of some malicious external actor.

Keith Olbermann, it seems, never grew up.   Olbermann blasted Twitter as the “worst person in the world” when he learned that it had allowed someone else to open a Twitter account in his name.  That someone naturally had to be Fox News.  (Those guys are always stealing Olbermann’s pencils.)

As it turned out, the Twitter account was being run by Olbermann’s employer, MSNBC, which was running it to promote his program.

(Via IMAO, via Instapundit.)


AIG execs pressed for Dodd contributions

March 30, 2009

The Washington Times reports:

As Democrats prepared to take control of Congress after the 2006 elections, a top boss at the insurance giant American International Group Inc. told colleagues that Sen. Christopher J. Dodd was seeking re-election donations and he implored company executives and their spouses to give. . .

Mr. Dodd’s campaign quickly hit pay dirt, collecting more than $160,000 from employees and their spouses at the AIG Financial Products division (AIG-FP) in Wilton, Conn., in the days before he took over as the committee chairman in January 2007. Months later, the senator transferred the donations to jump-start his 2008 presidential bid, which later failed.

(Via Instapundit.)


Title goes here

March 28, 2009

Remember, the superiority of newspapers over blogs comes from the layers of editing.  (Via the Corner.)


CFL troubles

March 28, 2009

The New York Times asks, Do New Bulbs Save Energy if They Don’t Work?

A lot of people these days are finding the new compact fluorescent bulbs anything but simple. Consumers who are trying them say they sometimes fail to work, or wear out early. At best, people discover that using the bulbs requires learning a long list of dos and don’ts. . .

Irritation seems to be rising as more consumers try compact fluorescent bulbs, which now occupy 11 percent of the nation’s eligible sockets, with 330 million bulbs sold every year. Consumers are posting vociferous complaints on the Internet after trying the bulbs and finding them lacking.

This key point is this one:

Some experts who study the issue blame the government for the quality problems, saying an intensive federal push to lower the price essentially backfired by encouraging manufacturers to use cheap components.

“In the pursuit of the holy grail, we stepped on the consumer,” said Michael Siminovitch, director of a lighting center at the University of California, Davis.


Obama loses ground

March 28, 2009

Despite a massive PR effort, public opinion shifted slightly against President Obama’s budget over the last week.  (Via Instapundit.)

No big surprise to me.  The more people hear about it, the worse it looks.


The truth laces up its shoes

March 28, 2009

Israeli campaign against Palestinian terrorists last December brought, as it always did, stories of Israeli war crimes.  The New York Times ran a story on Israeli “excessive force and wanton killing,” based entirely on hearsay and rumor.  These sorts of stories always turn out to be false, and this one is no exception.  An IDF investigation found no evidence that any of the incidents happened.  (Via Power Line.)

The striking thing here is that papers like the NYT, after repeatedly being used by anti-Israeli agitators, continue credulously to  report their stories, which invariably turn out to be false.  One might draw the conclusion that the NYT is more interested in attacking Israel than it is in reporting the truth.


Massachusetts gun storage law found unconstitutional

March 27, 2009

A Massachusetts court has found that a law requiring guns to be stored in a fashion that renders them unusable is unconstitutional.


Heh

March 27, 2009

This is pretty good.  (Via the Corner.)


Mob rule

March 27, 2009

Bolivia has a new constitution.  In itself, this is nothing unusual; the South American socialist states adopt them all the time.  But Bolivia’s new constitution has an unusual provision, authorizing so-called “community justice.”  Community justice is about giving village elders the authority to impose penalties on accused offenders without the rigmarole of trials, juries, or even laws.  This supposedly takes Bolivia back to a more enlightened time, before the arrival of westerners and western ideas.  What it really does is authorize and encourage mob rule.

A particularly prominent incident involves a major opponent of the new constitution:

Ahead of a referendum in January in which voters approved this document, [Victor Hugo] Cárdenas appeared in opposition television advertisements. He says that the constitution’s endorsement of “community justice” is a “mechanism of abuse”.

On March 7th a mob of indigenous people several hundred-strong attacked Mr Cárdenas’s house in a village on the shore of Lake Titicaca, violently evicting his wife, Lidia Katari, herself an indigenous-rights activist, and two of his children before setting fire to his belongings. The few police who turned up did nothing. The assailants claimed that they had staged an act of “community justice” against Mr Cárdenas. They later said that they would not allow him, the police or public prosecutors to enter the area, claiming that the new constitution gives them control over a large swathe of surrounding territory.

Mr Morales may well have had nothing to do with the attack. But his opponents have long claimed that he is opening the way to this kind of mob rule. The government information service implausibly claimed that Mr Cárdenas had staged the incident himself as a publicity ploy.

Tsk, tsk.  But that’s just a Latin American banana republic that has intentionally turned its back on idea of rule of law.  This has nothing to do with the west, right?

Don’t be so sure.  In the UK, scapegoating of bankers is starting to result in mob violence.  But that’s just the UK, right?  Consider this:

Andrew M. Cuomo is starting to unearth some of the most closely guarded secrets on Wall Street: the identities of Merrill Lynch employees who collected large bonuses even as the brokerage firm lost billions.

Mr. Cuomo, the New York attorney general, won a legal battle on Wednesday to compel Bank of America, which bought Merrill in December, to provide his office with the names of the Merrill employees with the 200 largest bonuses. Mr. Cuomo said he would make the names public as early as Thursday.

He also vowed to identify publicly the employees who had received bonuses at the American International Group, whose payouts prompted an uproar, and to work with other financial companies that have received taxpayer dollars to consider disclosing more about employee compensation.

Mr. Cuomo pledged to press ahead with his effort even as Edward M. Liddy, the embattled chief executive of A.I.G., told Congress on Wednesday that some A.I.G. employees received death threats in recent days as the public furor over pay escalated.

The highest-ranking law-enforcement officer in the State of New York plans to publicize the names of AIG bonus recipients and other financial figures (with public opprobrium, to be sure), despite the fact that some of these people are already receiving death threats.

Even being uninvolved is no protection:

As AIG employees get disturbing threats from people ticked off about bonuses that came in the wake of the federal bailout, the state has thrown someone into the fire who did not belong there, a [Connecticut] state representative says.

Christopher Pohle, of New Canaan, was falsely identified as an AIG employee who received a retention bonus, State Representative John W. Hetherington, said in a news release Thursday. To be clear, everyone, he did not get a bonus.

Pohle is demanding that the State of Connecticut, including the Attorney General and the legislature’s Banks Committee, apologize and issue a retraction.

(Via Instapundit.)

Of course, the United States is far from becoming Bolivia, but nevertheless we’re seeing is a breakdown in confidence in the rule of law, with public sentiment whipped up by cynical politicians.


Taxpayers are chumps

March 27, 2009

Marion Barry is the latest.  Since Barry is an actual criminal, this isn’t all that surprising.

(Via Instapundit.)


Skype for iPhone close to release?

March 27, 2009

For what it’s worth, a rumor says it could release as soon as next week.


Israel tests Iron Dome

March 27, 2009

Fox News reports:

Israel’s Defense Ministry says it has successfully tested a high-tech system designed to intercept incoming rockets.

A ministry statement says the Iron Dome system successfully dealt with incoming rockets of the types fired by Palestinian and Lebanese militants in tests this week, terming the test a “milestone.”

The statement stopped short of saying the system shot rockets down with an interceptor missile. Defense officials said Friday the system will likely be ready by the 2010 target date for deployment.


Inspiration vs. perspiration

March 26, 2009

Scientific American:

More than three decades of research shows that a focus on effort—not on intelligence or ability—is key to success in school and in life.

Glenn Reynolds adds:

Hey, I’ve got an idea — why don’t we organize society so that it rewards hard work! We could even see that people who work harder and do better make more money! And then their efforts would pay off in more general societal prosperity, making life better for everyone! And we could . . . Naaaah.

Get serious, Glenn.

Related item here.


Decriminalization

March 26, 2009

The Economist makes a strong case for decriminalizing drugs.


Iraq pullout will be costly

March 26, 2009

The Obama budget relies on cost savings from pulling out of Iraq.  The OMB director, Peter Orszag, says:

“The president is committed to getting — to winding down the war.  That’s going to save money.  It’s pretty clear,” Orszag said.

and:

The President is committed to responsibly winding the war down. I don’t do foreign policy, but I can tell you this: ending wars saves money – and so the Administration’s budget includes savings from ramping down overseas military operations over time.

Orszag cites cost-savings in defense starting in 1991, but those cost-savings reflected not just the end of Operation Desert Storm, but a general drawdown in military spending at the end of the Cold War (the “peace dividend”).

In fact, it turns out that pulling out of Iraq will not save any money at all in the short run.  The GAO says that the process of withdrawing from Iraq will cost a “significant” amount for several years:

The removal of about 140,000 U.S. troops from Iraq by the end of 2011 will be a “massive and expensive effort” that is likely to increase rather than lower Iraq-related expenditures during the withdrawal and for several years after its completion, government investigators said in a report released yesterday.

“Although reducing troops would appear to lower costs,” the Government Accountability Office said, withdrawals from previous conflicts have shown that costs more often rise in the near term. The price of equipment repairs and replacements, along with closing or turning over 283 U.S. military installations in Iraq, “will likely be significant,” the GAO reported.

(Via Hot Air.)

Moreover, the GAO also says that the some of the necessary closings will take longer than estimated.  For example, the closing of Balad Air Base needs to begin immediately to keep to the president’s timeline.


Smart diplomacy

March 26, 2009

Ralph Peters looks at the foreign policy scorecard:

The Carter administration is starting to look like a model of manly strength, courage and patriotism.

(Via Power Line.)


The Manny Ramirez tax

March 26, 2009

What’s next after AIG bonus confiscation?  This is funny.  I think.

(Via Instapundit.)


Man about town

March 26, 2009

I agree with Glenn Reynolds, President Obama should take as much time off as he likes.  Maybe next time he can take some of Congress with him.


Dawn Johnsen

March 26, 2009

The Justice Department’s Office of Legal Counsel is important because it interprets the law for the executive branch before the fact.  That is, the OLC’s purpose is not to litigate to defend the administration’s actions, but to ensure that it obeys the law in the first place.

The OLC has been particularly controversial in recent years because the OLC issued a number of memos that have been construed as expanding presidential power.  (This may be true; I don’t have the legal background to say.)  Most notorious was the so-called “torture memo” which sought to establish what constitutes torture and is therefore illegal.  (Many disagreed with the memo’s conclusions, and construed it as justifying torture.  The memo was later rescinded, and new legislation later clarified the law somewhat.)

Dawn Johnsen is President Obama’s nominee for the Justice Department’s Office of Legal Counsel.  Johnsen was an outspoken critic of expanding presidential power during the Bush administration, but was a strong proponent of expanding presidential power during the Clinton administration, explains Andrew McCarthy:

Particularly rich is Johnsen’s diatribe against Bush’s purportedly outlandish claim of power to ignore statutes that encroach on executive authority. When Johnsen served in the Clinton administration (which invented extraordinary rendition, detained Cuban refugees without trial at Guantanamo Bay, conducted warrantless national-security searches, and attacked a foreign country without congressional authorization), OLC’s official position was that “the President has enhanced responsibility to resist unconstitutional provisions that encroach upon the constitutional powers of the Presidency.” The office opined that several statutes (including privacy provisions in the federal wiretap law) could not bind the president, and Johnsen herself authored a 1997 OLC opinion concluding that presidents were above consumer-credit-disclosure laws. In that case, she broadly asserted that “statutes that do not expressly apply to the President must be construed as not applying to him if such application would involve a possible conflict with his constitutional prerogatives.”

So, Johnsen isn’t so much an opponent of expanded presidential power, as she is an opponent of expanded Republican presidential power.

In a similar fashion, she opposes politicization of the justice department by the right, but supports it (explicitly!) by the left:

A parallel hypocrisy is illustrated by Johnsen’s rants about how the Bush administration “politicized” the Justice Department. Her solution to this problem: Politicize the Justice Department. She argues that job applicants who may have been passed over by the Bush administration for holding leftist political views should get “special consideration” in DOJ hiring but, at the same time, maintains that nominees for the federal judiciary should be rejected out of hand if they embrace constitutional originalism or are members of the judicially conservative Federalist Society

Not only is Johnsen a partisan gunslinger, but she also has a history of making outlandish legal arguments.  In 1989, as part of an argument for government funding of abortion, she infamously argued that unwanted pregnancy is tantamount to slavery, and restrictions on abortion violate the 13th Amendment.  This year, when questioned by the Senate Judiciary Committee about that argument, she denied that she had ever made it, until her words were quoted back to her.

Most of the OLC’s opinions are never tested in court, so it’s important that it be giving sober, non-partisan legal advice.  With her record, it seems unlikely that Johnsen will give advice that is either sober or non-partisan.  It’s not even clear that she wants to.


Democrats to keep stolen money

March 26, 2009

The Hill reports:

The Democratic Senatorial Campaign Committee (DSCC) has apparently decided to keep $100K in contributions from Bernie Madoff, who faces up to 150 years in prison for swindling billions from the likes of Steven Spielberg, Elie Wiesel, Kevin Bacon and Kyra Sedgwick in a massive Ponzi scheme.

In campaigns, one side often calls on the other to return money for one reason or another. Sometimes it’s valid, sometimes not. Regardless, it’s Campaign 101. But when the contributor in question is the single biggest financial criminal in history, there can be no question that those illicit funds should not remain in campaign coffers.

Sens. Charles Schumer (D-N.Y.) and Ron Wyden (D-Ore.) gave thousands in Madoff donations to charity. Reps. John Dingell (D-Mich.) and Charles Rangel (D-N.Y.) are doing the same.

Given the economic uncertainty our nation faces and that Madoff not only fleeced the rich and famous but major corporations such as HSBC — in other words, Madoff swindled all of us — the DSCC’s decision is shockingly tone-deaf.

However, what’s almost equally surprising is the virtual silence from the media. During the Enron scandal, returning campaign money was a daily drumbeat, as were the news stories discussing Enron’s purported ties to President Bush. Now, when the Democratic Senate campaign vehicle makes the conscious decision to keep $100K in Madoff money, stolen just as if it came from a bank holdup, there’s little to no outrage. Why?

(Via the Corner.)

Why no media outrage?  That’s what is called a “rhetorical question.”


Post office running out of money

March 26, 2009

Even when running a monopoly that is used by every single person in America, the government can’t stay in the black.  By all means, let’s let these people run the health care and financial industries.  What could go wrong?


Going Francisco d’Anconia

March 26, 2009

This open letter of resignation by an AIG vice-president gives a window into the terrible state of morale at the insurance giant.  (Via the Corner.)  Who is going to want to work there, when one is being publicly vilified, US Senators are calling for your suicide, and Congress is trying to remove any financial incentive to stay?  Without qualified personnel, AIG won’t survive for long.

The peculiar thing is that the United States just bought AIG.  With an 80% government stake, it’s close to a wholly owned subsidiary.  So it appears that the government’s policy towards AIG is to buy it, then destroy it.  One might question the wisdom of this policy.

There’s been a lot of talk of individuals going John Galt.  It seems like the government is going Francisco d’Anconia.

UPDATE: More people bail out of AIG.


Specter in trouble

March 26, 2009

He trails Pat Toomey 41-27.  Specter won the 2004 primary by 2 points, after receiving the endorsements of President Bush and Rick Santorum.  This time there’s no one to save him.

(Via the Corner.)


The Obama deficit

March 25, 2009

obama-deficit

(From the Washington Post.  Via the Foundry, via Instapundit.)

The Bush budget for 2009 would have been about $1 trillion in deficit, based on current economic conditions.


Obama Administration argues for book banning power

March 25, 2009

The Obama Administration argued before the Supreme Court Tuesday that the government has the power to ban political books, signs, and YouTube videos.  Alas, this is no joke:

By the end of an exceptionally lively argument at the Supreme Court on Tuesday, it seemed at least possible that five justices were prepared to overturn or significantly limit parts of the court’s 2003 decision upholding the McCain-Feingold campaign finance law, which regulates the role of money in politics.

Several of the court’s more conservative justices reacted with incredulity to a series of answers from a government lawyer about the scope of Congressional authority to limit political speech. The lawyer, Malcolm L. Stewart, said Congress has the power to ban political books, signs and Internet videos, if they are paid for by corporations and distributed not long before an election. . .

Justice Samuel A. Alito Jr. asked . . . whether a campaign biography in book form could be banned. Mr. Stewart said yes, so long as it was paid for with a corporation’s general treasury money, as opposed to its political action committee.

“That’s pretty incredible,” Justice Alito said. . .

Chief Justice John G. Roberts Jr. asked whether it would make a difference if a 500-page book had a single sentence in it that said “vote for X.” Then he asked about “a sign held up in Lafayette Park saying vote for so and so.”

If corporate money were used to pay for the book or the sign, Mr. Stewart said, Congress would have the power to ban them before elections.

(Via Althouse, via Instapundit.)

The real culprit here is McCain-Feingold, which established the principle that the government could suppress speech based on extrinsic conditions such as how it was paid for.  The First Amendment says Congress will make no law “abridging the freedom of speech, or of the press.”  There is no proviso in the First Amendment saying that Congress can abridge freedom of speech in a manner that is not content-based.  McCain-Feingold created that proviso, and the Supreme Court accepted it in the 5-4 McConnell v. FEC decision. (Wherein, incidentally, the majority was made up of the “liberal” justices.)

Once McCain-Feingold was upheld, the government had the power to ban speech.  It was only a matter of time until the next step was taken, to extend the government’s speech-suppressing power from TV to other media.  The Obama Administration has now taken that step.

The good news is that it seems the administration’s new censorship regime is too much for the Supreme Court to stomach.  Several justices (the conservative justices and Souter) seemed horrified by the administration’s claim to have the power to ban books.  It looks as though Deputy Solicitor General Stewart’s efforts may have backfired, and may even lead to a reconsideration of McCain-Feingold.

That would be good news.  Ironically, the administration’s position might inadvertently end up as a big victory for free speech.

(More analysis here.)


The Geithner paradox

March 25, 2009

Michael Barone makes a very interesting observation.  The Geithner plan, finally unveiled on Monday, relies on unregulated firms to bail out the regulated ones.  It’s hard to excerpt, but here’s the main point:

I have noticed what I think is a paradox in the Geithner plan. He is asking the most unregulated parts of the financial system—hedge funds, private equity firms—to bail out the most regulated part of the financial system—the banks. . .

Geithner, as I see it, is asking the unregulated players—the hedge funds and private equity firms—to do what Wallison recommended that the government do, buy the troubled assets “at their ‘net realizable value,’ which is based on an assessment of their current cash flows, discounted by their expected credit losses over time.” He’s trusting the unregulated players, rather than the government, to discover what that value is, by subsidizing their investments while limiting their downside risk. The government provides six-sevenths of the price, gets half the profits, but doesn’t have recourse to go back to the investors to recover losses. The unregulated players have great leverage to make profits while their losses are limited to their outlays.

This may work as intended. I certainly hope so. But it does give us some things to keep in mind as we ponder how financial markets should be regulated in the future. We don’t want to regulate every player strictly. There is a place for unregulated operators. And tight regulation will never automatically protect us against systemic risk. We need to keep our eyes open for areas where we need tighter regulation and where we don’t.

(Via Instapundit.)


Payoff

March 24, 2009

A government rescue for newspapers?  (Via Instapundit.)


Specter will oppose card check

March 24, 2009

Whew.  Statement here.


Next stop, Caracas

March 24, 2009

The Obama Administration wants the Treasury Department to have the power to seize any business.  Swell.


Bringing the crazy

March 24, 2009

In most of the Muslim world, Israel is the all-purpose scapegoat for anything bad that happens.  Whatever atrocity is committed, and no matter how clear it is who perpetrated it, it was actually an Israeli conspiracy (or perhaps an American one).  For example, throughout the Muslim world, the overwhelming majority believe that Osama bin Laden was not connected to 9/11.  The popular choices for the real perpetrators are Israel, the US, or some vague “non-Muslim terrorists.”

The latter theory is popular in Pakistan (and probably Bangladesh, which was not surveyed).  There, in the Subcontinent, India rather than Israel takes the role of the all-purpose scapegoat.  Here’s two stories from a couple of weeks ago.  The first regards the terrorist attack in Pakistan on the Sri Lankan cricket team.  Among the Pakistani talking heads, it was clear that the culprit was not Pakistani terrorists, but an Indian conspiracy:

FOR many foreigners, events in Lahore, the capital of Punjab province, on March 3rd confirmed their view of Pakistan as a hotbed of terrorism. A dozen masked gunmen ambushed a convoy carrying Sri Lanka’s national cricket team, killing six policemen and two others, and wounding seven cricketers and a British coach. But for many Pakistani pundits, quick to appear on television, events fitted another familiar pattern: Pakistan as victim of Indian conspiracy.

In January Punjab’s intelligence service had warned the police that India’s spies were planning to attack the Sri Lankan team. Now the pundits claimed the ambush was intended as retaliation for the attack on Mumbai in November in which more than 170 people were killed, to show that Pakistan was a security risk. As evidence, they pointed to the assailants’ escape: Pakistan’s Islamist terrorists, went the argument, make sure to kill themselves as well as their victims. To bolster their case, they cited India’s crowing over its decision not to send its own cricket team, for which Sri Lanka’s was standing in, and its leaders’ complaints, after the attack, about Pakistan’s intact terrorist “infrastructure”.

This far-fetched analysis, and the refusal to accept the reality of Pakistan’s terrorist problem, owes much to the religious-nationalist leanings of many young but influential television presenters. Their opinions were formed by the distorted education they received under General Zia ul-Haq, Pakistan’s dictator from 1977-88. So, despite many occasions when al-Qaeda has claimed attacks in Pakistan, many Pakistanis refuse to believe the group exists, let alone that it is dangerous for their country.

The terrorists’ escape, and the fact that India accurately judged Pakistan as unsafe, are both evidence that India was responsible. Awesome.

India, it seems, has a long reach.  Because at the same time as it was orchestrating a terrorist attack on Sri Lankan cricketers, it is also accused of instigating a mutiny in Bangladesh:

EVEN as the corpses of 56 army officers—victims of a mutiny on February 25th and 26th by Bangladesh’s paramilitary border force—were being retrieved from a mass grave and sewers in Dhaka, the conspiracy histories were being written.

Rabid nationalists, on the fringe of the opposition Bangladesh Nationalist Party (BNP), blamed India for the uprising, which occurred at the huge headquarters of the Bangladesh Rifles (BDR) force, then flared at paramilitary camps around the country.

In Bangladesh, at least, the India theory was only one of many conspiracies used to explain the mutiny.


California looking to ban plasma TVs

March 24, 2009

Plasma TVs may be the cheaper way to get a large-screen HD television, but it seems they use a little more power than LCDs, so California is going to ban them.  The LCD industry approves.


Appalled by freedom

March 24, 2009

One of the most important freedoms enjoyed by most Americans is afforded not by the Constitution, but by Henry Ford.  Affordable access to automobiles gives us the ability to come and go wherever and whenever we please.  We are not limited to the routes offered by trains, nor are we limited to their schedules.  This freedom is as fundamental to our lives as many of those in the Bill of Rights.

Outside the world’s wealthy nations, most people do not enjoy that freedom because they cannot afford a car.  But soon, many more people will be able to enjoy that freedom.  India’s Tata motors has repeated Henry Ford’s feat and dramatically reduced the cost of an automobile.  Its new car, the Nano, will cost just $2000 new.  This brings the car within the grasp of the developing world’s middle class, and will bring them a freedom of mobility they have never known.

Naturally, many environmentalists are appalled.  Only by living in abject poverty can people keep their carbon emissions at a satisfactory level.

(Via Instapundit.)


Lies, damn lies, and editing

March 23, 2009

How can you make the Wall Street Journal a supporter of card check? You can’t, honestly that is.  But, if you’re George Miller (D-CA), the chairman of the House Labor Committee, you can make it appear as though they do by some editing.  Here’s the quote, as the Wall Street Journal wrote it, and as Miller rendered it:

The bill doesn’t remove the secret-ballot option from the National Labor Relations Act but in practice makes it a dead letter.

(Archived here.) (Via ShopFloor, via the Corner.)

Come on, that’s not even clever.

But, I guess the SEIU (the nation’s most influential union) thought it was clever, because they’re doing it too.


Obama pushes wage controls

March 23, 2009

Here’s the week’s scariest story that doesn’t mention Iran.  President Obama wants the government to control executive pay, and not just at firms accepting bailout money, and not even just at financial firms:

The Obama administration will call for increased oversight of executive pay at all banks, Wall Street firms and possibly other companies as part of a sweeping plan to overhaul financial regulation, government officials said. . .

The administration has been considering increased oversight of executive pay for some time, but the issue was heightened in recent days as public fury over bonuses spilled into the regulatory effort. . .

One proposal could impose greater requirements on company boards to tie executive compensation more closely to corporate performance and to take other steps to ensure that compensation was aligned with the financial interest of the company.

The new rules will cover all financial institutions, including those not now covered by any pay rules because they are not receiving federal bailout money. Officials say the rules could also be applied more broadly to publicly traded companies.

(Via the Corner.)

Can anyone deny that President Obama is a socialist with a straight face any more?


Geithner was told about AIG

March 23, 2009

Geithner knew about the AIG bonuses at least a week earlier than he has admitted:

The question was direct and prescient. Representative Joseph Crowley, Democrat of New York, asked the Treasury secretary in an open hearing what could be done to stop American International Group from paying $165 million in bonuses to hundreds of employees in the very unit that had nearly destroyed the company.

Timothy F. Geithner, the Treasury secretary, responded by saying that executive pay in the financial industry had gotten “out of whack” in recent years, and pledged to crack down on exorbitant pay at companies like A.I.G. that were being bailed out with billons of taxpayer dollars.

The exchange took place before the House Ways and Means Committee on March 3 — one week before Mr. Geithner claims he first learned that the failed insurance company was about to pay a round of bonuses that have since caused a political uproar.

(Via the Corner.)

But don’t take the New York Times’s word for it, the C-SPAN video is available on YouTube.

So there are just two possibilities: either Geithner wasn’t listening during the March 3 committee meeting, or his claims not to heard until March 10 are a fabrication.  Fool or liar, take your pick.

POSTSCRIPT: The straw I think Geithner will grasp is this: Geithner says he didn’t know the “full extent” until March 10.  Although Crowley told Geithner enough, Geithner will say that Crowley didn’t tell him the full extent.  Geithner spoke the literal truth, he will argue.  But the literal truth can still be a lie, when fashioned to deceive.  Geithner’s clear and deliberate implication was that he didn’t know enough to act, which we now know is false.


The bill of attainder

March 23, 2009

It seems obvious to me that the AIG bonuses confiscation bill is unconstitutional.  The Constitution says:

No bill of attainder or ex post facto Law shall be passed.

The dictionary defines bill of attainder:

a legislative act that imposes punishment without a trial

That’s exactly what the bill is, so it’s unconstitutional, right?  Well, I’m relying here on the plain meaning of the Constitution.  That, I suppose, is what lawyers call a “naive argument.”  To find out what the Constitution really means, you can’t look at its text, you have to look at centuries of case law.

The legal scholars seem split.  On the constitutional side, you have Laurence Tribe (last week) and Jack Balkin.  On the unconstitutional side, you have Laurence Tribe (this week), Erik Jensen, and Jonathan Adler.  (Via InstapunditJustOneMinute, and Asymmetrical Information.)

The one thing everyone (except Congress) seems to agree on is this is terrible policy.  Not just because it would undercut Treasury’s ability to deal with the financial crisis, but because it’s a terrible precedent to say that the government can confiscate any income it thinks is too much.

The rush to do this, despite it obviously being a bad idea, is because the Democrats are exposed.  They made this happen, and now they need cover.


Happy bloggiversary

March 23, 2009

Internet Scofflaw started one year ago today.


Obama snubs Sarkozy

March 23, 2009

President Obama has demonstrated his “smart diplomacy” yet again. This time, he snubbed French President Nicolas Sarkozy by writing to his predecessor Jacques Chirac as if he were still a head of state.  Jim Lindgren has the story, and speculates:

If we could see the address on the letter to Chirac, it might be clear whether Obama or one of his staff was confused about the identity of the French President. My guess is that this was just a rookie mistake, i.e., bad diplomacy in wording a letter, not confusion about identities. . .

2d UPDATE: As noted by the Christian Science Monitor and elsewhere, the context was the one I suspected. Obama was writing to Chirac as the head of his Foundation for Sustainable Development and Cultural Dialogue. 


Oooo-kay

March 23, 2009

The LA Times reports: Obama White House bars press from press award ceremony.

(Via Instapundit.)


Colombia’s raid, one year later

March 23, 2009

The Economist reports that things have worked out very well for Colombia:

A YEAR ago Colombia’s neighbours condemned it for sending troops into Ecuador to bomb and overrun a camp of the Revolutionary Armed Forces of Colombia (FARC). The raid was a success: one of the FARC’s senior leaders, Raúl Reyes, was killed and Colombian forces grabbed three laptops containing vital intelligence, including evidence of the guerrillas’ contacts with the leftist governments of Ecuador and Venezuela. Since then Colombia’s American-backed drive to crush the FARC has made further progress. The guerrillas have lost other leaders and suffered desertions. A group of prominent hostages they were holding was rescued in July. On March 2nd the army said it had killed another FARC leader, José de Jesús Guzmán, alias “Gaitán”, suspected of organising bombings in the capital, Bogotá.

After last year’s raid, Ecuador and Venezuela severed diplomatic relations with Colombia and sent troops to their borders with it. Other South American countries, even moderate Brazil, condemned the incursion. Two regional clubs, the Organisation of American States (OAS) and the Rio Group, expressed disapproval. However, within weeks of the raid, Colombia’s President Álvaro Uribe was again on backslapping terms with President Hugo Chávez of Venezuela. Mr Uribe smoothed things over with Brazil on a recent visit there. Relations with Ecuador remain cut but overall, says Alfredo Rangel, a security analyst in Bogotá, Colombia has paid a “small diplomatic price”.

The diplomatic price has certainly been insignificant when weighed against the enormous intelligence benefits they gained from the raid. FARC is all but defeated now.

But, relations are still frosty between Colombia and Ecuador:

[Ecuadorean President Rafael] Correa says relations will not be restored until certain conditions are met. These include Colombia improving its border security to stop the FARC crossing into Ecuador. Mr Correa also wants the Colombians to give a full report of their raid on his country’s territory, including all the information they found on the FARC’s computers. . . Finally, Mr Correa wants Colombia to stop “defaming” his government by revealing what the computers told it about the rebels’ links to Ecuadorean officials.

Let me get this straight.  FARC is a guerilla army fighting the Colombian government (on the occasions it’s not functioning as a mere criminal gang), and Ecuador gave them save haven, but it’s Colombia’s responsibility to keep them from using that safe haven?  Also, Ecuador wants to know all the intelligence that Colombia gained.  Surely only a cynic would wonder if it might somehow get turned over to FARC. Finally, they want Colombia to stop showing the world proof of the ties between FARC and Ecuador.  If that’s the price of good relations, I’m sure Colombia will be content with bad ones.


Heh

March 23, 2009

The inimitable Mark Steyn writes:

In turbulent times, it’s good to know some things never change. After a week in which President Obama thanked himself for inviting him to the White House, compared AIG executives to suicide bombers, and did the first Presidential retard joke on national TV, I was impressed to find that Slate is bravely keeping up its Bushism Of The Day feature.


Good point

March 23, 2009

Bob Krumm makes a good point about the AIG bill of attainder:

As bad a precedent as the AIG bill is, there is one positive.  Congress has established the principle that $165 million is not too inconsequential a sum as to require strict budget hawkishness.  I can’t wait to apply that standard during the next earmark fight.

(Via Instapundit.)

The problem with this point is it assumes some sort of consistency from Congress.  This isn’t about fiscal policy, this is the Congressional equivalent of a mob with torches and pitchforks.


Friendly fire

March 23, 2009

Even President Obama’s supporters are starting to lose patience with him, with a savaging on the New York Times editorial page:

The leading liberal voices of the New York Times editorial pages all criticized—and, in some cases, clobbered—President Obama on Sunday for his handling of the economy and national security.

It’s not unusual for Barack Obama to take a little friendly fire from the Times. But it’s perhaps unprecedented for him to get hit on the same day by columnists Frank Rich, Thomas Friedman and Maureen Dowd—and in the paper’s lead editorial. Their critique punctuated a weekend that started with a widely circulated blog post by Paul Krugman that said the president’s yet to be announced bank rescue plan would almost certainly fail. 

The sentiment, coming just two months after the president was sworn in, reflects elite opinion in the Washington-New York corridor that Obama is increasingly overwhelmed, and not fully appreciative of the building tsunami of populist outrage.

(Via Instapundit.)


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