Forced Confession

by hilzoy With his usual insistence on strict accuracy, Jonah Goldberg writes: “I have to confess, I’ve been disgusted by Jell-O for many years now. I loved it as a kid until I found out that it will congeal without benefit of refrigeration. I always assumed that Jell-O was related to ice cream but it … Read more

The Plot Thickens…

by hilzoy

I can’t wait until the Plame story is over. Not only will I be able to stop wondering what will happen next, but Patrick Fitzgerald might actually tell his story to someone, and then I can learn the answer to the question: what, exactly, accounts for everyone so helpfully remembering conversations, emails, notes, and other things that had mysteriously slipped their minds until now? It’s all very interesting — and not just to me, but, apparently, to Fitzgerald. The WSJ reports that he is widening his investigation:

“There are signs that prosecutors now are looking into contacts between administration officials and journalists that took place much earlier than previously thought. Earlier conversations are potentially significant, because that suggests the special prosecutor leading the investigation is exploring whether there was an effort within the administration at an early stage to develop and disseminate confidential information to the press that could undercut former Ambassador Joseph Wilson and his wife, Central Intelligence Agency official Valerie Plame. (…)

Mr. Fitzgerald’s pursuit now suggests he might be investigating not a narrow case on the leaking of the agent’s name, but perhaps a broader conspiracy.

Mr. Wilson’s initial complaints were made privately to reporters. He went public in a July 6 op-ed in the New York Times and in an appearance on NBC’s “Meet the Press.” After that, White House officials, who were attempting to discredit Mr. Wilson’s claims, confirmed to some reporters that Mr. Wilson was married to a CIA official. Columnist Robert Novak published Mr. Wilson’s wife’s name and association with the agency in a column that suggested she had played a role in having him sent on a mission to Niger to investigate the administration’s claims.

Until now, Mr. Fitzgerald appeared to be focusing on conversations between White House officials such as Mr. Libby and Karl Rove, President Bush’s senior political adviser, after Mr. Wilson wrote his op-ed. The defense by Republican operatives has been that White House officials didn’t name Ms. Plame, and that any discussion of her was in response to reporters’ questions about Mr. Wilson, the kind of casual banter that occurs between sources and reporters. (…)

Lawyers familiar with the investigation believe that at least part of the outcome likely hangs on the inner workings of what has been dubbed the White House Iraq Group. Formed in August 2002, the group, which included Messrs. Rove and Libby, worked on setting strategy for selling the war in Iraq to the public in the months leading up to the March 2003 invasion. The group likely would have played a significant role in responding to Mr. Wilson’s claims.”

And what, you might ask, was the White House Iraq Group?

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Other People Have Interesting Thoughts

by hilzoy

I tried to hold out against TimesSelect. It annoys me, especially since there are only a few commentators I actually want to read, and yet if I sign up, I have to pay for the whole lot of them. (David Brooks? You must be kidding. The thought that it will be impossible for me to read him has always seemed to me one of the few upsides of TimesSelect.)

Nonetheless, a little over two weeks ago I signed up for their two week free trial. I cleverly marked down exactly when I had signed up, and in a moment of uncharacteristic organization, I actually cancelled it after about 45 minutes shy of two weeks. And yet I can still access their pages. This seems ominous to me. Are they going to try to pretend that I didn’t cancel after all? Having resisted the temptation to annoy myself by reading David Brooks for two weeks, am I not at least going to regain my cherished inability to read him? I don’t like the looks of this at all.

It did allow me to read Krugman today, though. It’s a good column, and it raises a good question. So that you can all benefit from my misfortune, excerpts below the fold.

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Bird Flu Preparedness: Medicine

by hilzoy

This is (hopefully) the first in a series of posts on our government’s response to the threat of pandemic avian influenza. It focusses on what medications can be used to deal with bird flu, what we have done to stockpile these medications, and whether, as a result, we can expect them to be widely available. (Short answer: no.)

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Avian Flu

by hilzoy

Pfawdate

It’s Pandemic Flu Awareness Week, so I thought I’d write a Pandemic Flu Awareness Post. Actually, a couple of them. This one is on general background and a few hints for personal preparedness; the next one will be on governmental responses and related issues.

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Was This Really Necessary?

by hilzoy From the AP: “Gregg Miller mortgaged his home and maxed out his credit cards to mass produce his invention — prosthetic testicles for neutered dogs. (…) Miller has sold more than 150,000 of his Neuticles, more than doubling his $500,000 investment. The silicone implants come in different sizes, shapes, weights and degrees of … Read more

For Once, Virtue Triumphs!

by hilzoy I don’t normally identify the side I support with virtue, but in the case of the McCain amendment I will make an exception. It passed 90-9 in the Senate. The Nays were: Allard (R-CO), Bond (R-MO), Coburn (R-OK), Cochran (R-MS), Cornyn (R-TX), Inhofe (R-OK), Roberts (R-KS), Sessions (R-AL), and Stevens (R-AK). Corzine (D-NJ) … Read more

Oh Goody.

by hilzoy Via Brad Plumer, a piece by Michael Scheuer on the next generation of al Qaeda. It’s not pretty: “Religiosity and Quiet Professionalism The next mujahideen generation’s piety will equal or exceed that of bin Laden’s generation. The new mujahideen, having grown up in an internet and satellite television-dominated world, will be more aware … Read more

Depressed, Pointless Ravings (Special Tom Friedman Edition)

by hilzoy

Last week, Tom Friedman wrote something so breathtakingly immoral that even though I wanted to write about it, I couldn’t imagine what to say. But now that a week has gone by, and Matt Yglesias has written an article about it, I figured I’d try again. Here it is, in all its ugliness:

“Maybe the cynical Europeans were right. Maybe this neighborhood is just beyond transformation. That will become clear in the next few months as we see just what kind of minority the Sunnis in Iraq intend to be. If they come around, a decent outcome in Iraq is still possible, and we should stay to help build it. If they won’t, then we are wasting our time. We should arm the Shiites and Kurds and leave the Sunnis of Iraq to reap the wind. We must not throw more good American lives after good American lives for people who hate others more than they love their own children.”

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Guess What Else Didn’t Happen?

by hilzoy Via Atrios, Knight Ridder reports: “Among the rumors that spread as quickly as floodwaters after Hurricane Katrina, reports that gunmen were taking potshots at rescue helicopters stood out for their senselessness. On Sept. 1, as patients sweltered in hospitals without power and thousands of people remained stranded on rooftops and in attics, crucial … Read more

At Least She’s More Qualified Than Michael Brown…

by hilzoy As I said earlier, I would probably have voted to confirm John Roberts, on the grounds that almost anyone this President nominated to the Supreme Court would probably be worse. Unfortunately, today we see what worse would look like: Harriet Miers. Conservatives are, for the most part, upset. Bill Kristol is “disappointed, depressed, … Read more

Go Read This

by hilzoy Barack Obama has posted on Dkos. It’s a thing of beauty, all the more so because he has posted explicitly to disagree with some of the people there, not to preach to the converted. Check it out.

Judge Orders Abu Ghraib Photos Released

by hilzoy Form the WaPo: “Pictures of detainee abuse at Iraq’s Abu Ghraib prison must be released despite government claims that they could damage America’s image, a federal judge ruled Thursday. (…) Gen. Richard B. Myers, the chairman of the joint chiefs of staff, had maintained in court papers that releasing the photographs would aid … Read more

Slarrow’s Serious Thread

by hilzoy

Today’s New Orleans Times-Picayune has a story alleging that many of the reports of murder and mayhem in the Superdome and the Convention Center after Hurricane Katrina were urban myths:

“Following days of internationally reported killings, rapes and gang violence inside the Dome, the doctor from FEMA – Beron doesn’t remember his name – came prepared for a grisly scene: He brought a refrigerated 18-wheeler and three doctors to process bodies.

“I’ve got a report of 200 bodies in the Dome,” Beron recalls the doctor saying.

The real total was six, Beron said.

Of those, four died of natural causes, one overdosed and another jumped to his death in an apparent suicide, said Beron, who personally oversaw the turning over of bodies from a Dome freezer, where they lay atop melting bags of ice. State health department officials in charge of body recovery put the official death count at the Dome at 10, but Beron said the other four bodies were found in the street near the Dome, not inside it. Both sources said no one had been killed inside.

At the Ernest N. Morial Convention Center, just four bodies were recovered, despites reports of corpses piled inside the building. Only one of the dead appeared to have been slain, said health and law enforcement officials. (…)

As floodwaters forced tens of thousands of evacuees into the Dome and Convention Center, news of unspeakable acts poured out of the nation’s media: evacuees firing at helicopters trying to save them; women, children and even babies raped with abandon; people killed for food and water; a 7-year-old raped and killed at the Convention Center. Police, according to their chief, Eddie Compass, found themselves in multiple shootouts inside both shelters, and were forced to race toward muzzle flashes through the dark to disarm the criminals; snipers supposedly fired at doctors and soldiers from downtown high-rises.

In interviews with Oprah Winfrey, Compass reported rapes of “babies,” and Mayor Ray Nagin spoke of “hundreds of armed gang members” killing and raping people inside the Dome. Unidentified evacuees told of children stepping over so many bodies, “we couldn’t count.”

The picture that emerged was one of the impoverished, masses of flood victims resorting to utter depravity, randomly attacking each other, as well as the police trying to protect them and the rescue workers trying to save them. Nagin told Winfrey the crowd has descended to an “almost animalistic state.”

Four weeks after the storm, few of the widely reported atrocities have been backed with evidence. The piles of bodies never materialized, and soldiers, police officers and rescue personnel on the front lines say that although anarchy reigned at times and people suffered unimaginable indignities, most of the worst crimes reported at the time never happened. (…)

Rumors of rampant violence at the Convention Center prompted Louisiana National Guard Lt. Col. Jacques Thibodeaux put together a 1,000-man force of soldiers and police in full battle gear to secure the center Sept. 2 at about noon.

It took only 20 minutes to take control, and soldiers met no resistance, Thibodeaux said. What the soldiers found – elderly people and infants near death without food, water and medicine; crowds living in filth – shocked them more than anything they’d seen in combat zones overseas. But they found no evidence, witnesses or victims of any killings, rapes or beatings, Thibodeaux said. Another commander at the scene, Lt. Col. John Edwards of the Arkansas National Guard, said the crowd welcomed the soldiers. “It reminded me of the liberation of France in World War II. There were people cheering; one boy even saluted,” he said. “We never – never once – encountered any hostility.”

One widely circulated tale, told to The Times-Picayune by a slew of evacuees and two Arkansas National Guardsmen, held that “30 or 40 bodies” were stored in a Convention Center freezer. But a formal Arkansas Guard review of the matter later found that no soldier had actually seen the corpses, and that the information came from rumors in the food line for military, police and rescue workers in front of Harrah’s New Orleans Casino, said Edwards, who conducted the review.”

So: what’s going on?

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Armed Dolphins On The Loose

by hilzoy Via Ezra Klein: this story is from the Guardian, not the Onion: “Armed dolphins, trained by the US military to shoot terrorists and pinpoint spies underwater, may be missing in the Gulf of Mexico. Experts who have studied the US navy’s cetacean training exercises claim the 36 mammals could be carrying ‘toxic dart’ … Read more

A Horrible Story

by hilzoy

From the LATimes:

“Christine Maggiore was in prime form, engaging and articulate, when she explained to a Phoenix radio host in late March why she didn’t believe HIV caused AIDS. The HIV-positive mother of two laid out matter-of-factly why, even while pregnant, she hadn’t taken HIV medications, and why she had never tested her children for the virus.

“Our children have excellent records of health,” Maggiore said on the Air America program when asked about 7-year-old Charlie and 3-year-old Eliza Jane Scovill. “They’ve never had respiratory problems, flus, intractable colds, ear infections, nothing. So, our choices, however radical they may seem, are extremely well-founded.”

Seven weeks later, Eliza Jane was dead.

The cause, according to a Sept. 15 report by the Los Angeles County coroner, was AIDS-related pneumonia. These days, given advances in HIV care, it’s highly unusual for any young child to die of AIDS. What makes Eliza Jane’s death even more striking is that her mother is a high-profile, charismatic leader in a movement that challenges the basic medical understanding and treatment of acquired immune deficiency syndrome.

Even now, Maggiore, a 49-year-old former clothing executive from Van Nuys, stands by the views she has espoused on “The Ricki Lake Show” and ABC’s “20/20,” and in Newsweek and Mothering magazines. She and her husband, Robin Scovill, said they have concerns about the coroner’s findings and are sending the report to an outside reviewer. “I have been brought to my emotional knees, but not in regard to the science of this topic,” said Maggiore, author of an iconoclastic book about AIDS that has sold 50,000 copies. “I am a devastated, broken, grieving mother, but I am not second-guessing or questioning my understanding of the issue.””

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(Belated) Happy Birthday, John Marshall!

by hilzoy CharleyCarp notes in comments that yesterday was the birthday of chief Justice John Marshall, who gave us judicial review of federal and state laws, the doctrine that the federal government can do things that further, but are not explicitly included in, its enumerated powers, and various other constitutional doctrines whose importance is hard … Read more

Still More Torture

by hilzoy

Human Rights Watch has a new report of detainee abuse in Iraq. (It has been covered by various newspapers, including the NYTimes and the Washington Post.) If anyone still believes the ‘few bad apples‘ theory, these reports should test their faith. These are not untrained reservists. They are regular soldiers from the 82nd Airborne. According to HRW and their testimony:

“The soldiers came forward because of what they described as deep frustration with the military chain of command’s failure to view the abuses as symptomatic of broader failures of leadership and respond accordingly. All three are active duty soldiers who wish to continue their military careers. A fax letter, e-mail, and repeated phone calls to the 82nd Airborne Division regarding the major allegations in the report received no response.”

One of the soldiers, a captain, spent seventeen months trying to clarify what sort of treatment was permissible, and to report this abuse through the chain of command, without success.

Some excerpts from the account of ‘Sergeant A‘, who gives the clearest picture of the abuse itself (note: PUCs are Persons Under Control, i.e. prisoners):

“We got to the camp in August [2003] and set up. We started to go out on missions right away. We didn’t start taking PUCs until September. Sh*t started to go bad right away. On my very first guard shift for my first interrogation that I observed was the first time I saw a PUC pushed to the brink of a stroke or heart attack. At first I was surprised, like, this is what we are allowed to do? This is what we are allowed to get away with? I think the officers knew about it but didn’t want to hear about it. They didn’t want to know it even existed. But they had to. (…)

The “Murderous Maniacs” was what they called us at our camp because they knew if they got caught by us and got detained by us before they went to Abu Ghraib then it would be hell to pay. They would be just, you know, you couldn’t even imagine. It was sort of like I told you when they came in it was like a game. You know, how far could you make this guy goes before he passes out or just collapses on you. From stress positions to keeping them up f*cking two days straight, whatever. Deprive them of food water, whatever.

To “F*ck a PUC” means to beat him up. We would give them blows to the head, chest, legs, and stomach, pull them down, kick dirt on them. This happened every day. (…)

Guard shifts were four hours. We would stress them at least in excess of twelve hours. When I go off shift and the next guy comes we are already stressing the PUC and we let the new guy know what he did and to keep f*cking him. We put five-gallon water cans and made them hold them out to where they got muscle fatigue then made them do pushups and jumping jacks until they passed out. We would withhold water for whole guard shifts. And the next guy would too. Then you gotta take them to the john if you give them water and that was a pain. And we withheld food, giving them the bare minimum like crackers from MREs [Meals Ready to Eat, the military’s prepackaged food]. And sleep deprivation was a really big thing.

Someone from [Military Intelligence] told us these guys don’t get no sleep. They were directed to get intel [intelligence] from them so we had to set the conditions by banging on their cages, crashing them into the cages, kicking them, kicking dirt, yelling. All that sh*t. We never stripped them down because this is an all-guy base and that is f*cked up sh*t. We poured cold water on them all the time to where they were soaking wet and we would cover them in dirt and sand. We did the jugs of water where they held them out to collapse all the time. The water and other sh*t… start[ed] [m]aybe late September, early October, 2003. This was all at Camp Mercury, close to the MEK base like 10 minutes from Fallujah. We would transport the PUCs from Mercury to Abu Ghraib. (…)

On their day off people would show up all the time. Everyone in camp knew if you wanted to work out your frustration you show up at the PUC tent. In a way it was sport. The cooks were all US soldiers. One day a sergeant shows up and tells a PUC to grab a pole. He told him to bend over and broke the guy’s leg with a mini Louisville Slugger that was a metal bat. He was the f*cking cook. He shouldn’t be in with no PUCs. The PA came and said to keep him off the leg. Three days later they transported the PUC to Abu Ghraib. The Louisville Slugger [incident] happened around November 2003, certainly before Christmas.

People would just volunteer just to get their frustrations out. We had guys from all over the base just come to guard PUCs so they could f*ck them up. Broken bones didn’t happen too often, maybe every other week. The PA would overlook it. I am sure they knew.

The interrogator [a sergeant] worked in the [intelligence] office. He was former Special Forces. He would come into the PUC tent and request a guy by number. Everyone was tagged. He would say, “Give me #22.” And we would bring him out. He would smoke the guy and f*ck him. He would always say to us, “You didn’t see anything, right?” And we would always say, “No, Sergeant.”

One day a soldier came to the PUC tent to get his aggravation out and filled his hands with dirt and hit a PUC in the face. He f*cked him. That was the communications guy.

One night a guy came and broke chem lights open and beat the PUCs with it. That made them glow in the dark which was real funny but it burned their eyes and their skin was irritated real bad.”

(Parenthetically, how did we get to the point where people think that beating up prisoners is an acceptable way to deal with stress, but that stripping them, in an all-male camp, would be a bit too close for comfort to the edge of a real taboo?)

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Moral Clarity Strikes Again

by hilzoy Via Mark Kleiman, the latest example of moral values in action: “President Bush decided Wednesday to waive any financial sanctions on Saudi Arabia, Washington’s closest Arab ally in the war on terrorism, for failing to do enough to stop the modern-day slave trade in prostitutes, child sex workers and forced laborers.” Why should … Read more

Pork And Domestic Violence

by hilzoy

There are lots of plans to cut pork floating around, though in all likelihood all that will be adopted are token gestures. (When NASA announced Monday that it would be spending $100 billion to send people to the moon, I said: huh? Now? I have since concluded that it was announced so that it could be cut, with great fanfare. But if we’re going to go in for gimmicks, why stop there? Why not announce that we’re going to spend $500 trillion to send people to Jupiter, and then announce that we’re going to realize huge savings by cutting that?) The best start, I think, would be to eliminate these two tax cuts, scheduled to take effect in January. 97% of these tax cuts would go to people making over $200,000 a year, and 54% to people making over a million dollars a year. The savings, over the first ten years that they will be fully in effect, would be $146 billion. This we can do. (The DLC has endorsed this.)

A Republican plan, “Operation Offset”, is here (pdf); it proposes savings of about $526 billion over 10 years. As Matt Yglesias points out, the largest chunk of savings comes from Medicaid, which is to say: from denying health coverage to very poor people. Ezra Klein adds that Medicaid is hardly in a position to take these cuts, since a lot of health care for victims of Katrina is being paid for by the very program the Republicans propose to cut. Think Progress has a liberal alternative, focussing on repeal of the Bush tax cuts for the wealthiest 1% of Americans, cutting farm subsidies, and cutting several weapons systems.

You can come up with your own plan using this budget simulator: I almost eliminated the entire federal deficit on my first try, and that despite the fact that I didn’t cut the war in Iraq. (Here’s why not.)

And then there’s Porkbusters: an attempt by bloggers to identify pork ripe for slicing. I really like the idea of this. And I really like Slarti’s having gone through the parts of the highway bill that concern Florida. I think this is great. However: there has to be some sort of quality control over the suggestions. For example: Porkbusters currently lists all spending under the Violence Against Women Act as pork. Why? The person who added it to the list explains:

“Since actual help for bona fide victims of domestic violence does not exist anywhere in these programs, why not start with one of the most damaging and money-wasting programs we have in the US? The only people this would negatively affect are those who benefit from VAWA now — the people and agencies who run these clearly inefficient and counterproductive programs.”

Ha ha ha. A joke, right? Wrong.

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The Party Of Fiscal Conservatism

by hilzoy In a recent comment, Edward wrote: “What we’re learning is that the only party in favor of fiscal responsibility is the party out of power.” With respect, this is not true. There is one party that has a consistent record of fiscal responsibility over the last few decades, and one party that has … Read more

About Those Buses…

by hilzoy I swear: you can’t make this stuff up. Via dKos, this story: “Hours after the hurricane hit Aug. 29, the Federal Emergency Management Agency announced a plan to send 500 commercial buses into New Orleans to rescue thousands of people left stranded on highways, overpasses and in shelters, hospitals and homes. On the … Read more

Meanwhile, Elsewhere…

by hilzoy

North Korea has agreed, in principle, to give up its nuclear program:

“The United States, North Korea and four other nations participating in nuclear negotiations in Beijing signed a draft accord in which Pyongyang promised to abandon efforts to produce nuclear weapons and re-admit international inspectors to its nuclear facilities. Foreign powers said they would provide aid, diplomatic assurances and security guarantees and consider North Korea’s demands for a light-water nuclear reactor.

The agreement is a preliminary one that would require future rounds of negotiations to flesh out, as it does not address a number of issues, like timing and implementation, that are likely to prove highly contentious. China announced that the six nations participating in the talks would reconvene in November to continue ironing out the details.”

However, North Korea has just demanded a light-water reactor in exchange for a deal.

As far as I can tell, if this agreement works out (which seems to be a big ‘if’), it would mean that after five years of stalemate, during which North Korea has acquired nuclear weapons, we are going to return to something a lot like the agreed framework. I rather liked the agreed framework, not because I thought it was a magic solution that would enforce itself, but because it was the least dreadful of a set of bad alternatives. I just wish we hadn’t taken that little detour during which North Korea became a nuclear power.

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Still More Incompetence

by hilzoy Via BOPNews, this story from the Advocate: “In the midst of administering chest compressions to a dying woman several days after Hurricane Katrina struck, Dr. Mark N. Perlmutter was ordered to stop by a federal official because he wasn’t registered with the Federal Emergency Management Agency. “I begged him to let me continue,” … Read more

James Booker Open Thread

by hilzoy One of the things I did while I was feeling flattened was to listen to some of the music on Jeanne d’Arc’s New Orleans music list. Some I knew, but I hadn’t heard of James Booker before. (No doubt the rest of you have, being cool and hip and all.) He had what … Read more

FEMA: The Incompetence Continues

by hilzoy

Last weekend, it seemed as though every major news organization put out a story attempting to explain what went wrong with the response to Hurricane Katrina. This weekend, the theme is the continuing screwups by FEMA. (NYT, WaPo, CNN, LATimes.) From the New York Times story:

“Nearly three weeks after Hurricane Katrina cut its devastating path, FEMA – the same federal agency that botched the rescue mission – is faltering in its effort to aid hundreds of thousands of storm victims, local officials, evacuees and top federal relief officials say. The federal aid hot line mentioned by President Bush in his address to the nation on Thursday cannot handle the flood of calls, leaving thousands of people unable to get through for help, day after day.

Federal officials are often unable to give local governments permission to proceed with fundamental tasks to get their towns running again. Most areas in the region still lack federal help centers, the one-stop shopping sites for residents in need of aid for their homes or families. Officials say that they are uncertain whether they can meet the president’s goal of providing housing for 100,000 people who are now in shelters by the middle of next month. (…)

The president of St. Tammany Parish, Kevin Davis, is praying that it does not rain in his sweltering corner of Louisiana, because three weeks after the storm severely damaged his drainage system, FEMA has yet to give him approval to even start the repairs. Up north in the poor parish of Washington, residents are sleeping in houses that were chopped in half by oak trees. The promised wave of government inspectors have not shown up to assist them.

James McGehee, the mayor of Bogalusa, a small Louisiana city near the Mississippi border, could barely contain his rage in an interview on Thursday. “Today is 18 days past the storm, and FEMA has not even put a location for people who are displaced,” he said. “They are walking around the damn streets. The system’s broke.” (…)

In Tangipahoa Parish, the parish president, Gordon Burgess, said he called FEMA officials daily to ask when they would arrive to assist residents with housing. Mr. Burgess said the federal workers say, ” ‘I’ll get to you next week,’ and then the next week and then you’d never hear from them again.”

Indeed, almost every local leader interviewed – even those sympathetic to FEMA’s plight – complained that they could not get FEMA to approve their contracts with workers, tell them when they would be opening help centers or answer basic questions. Often, they say, the FEMA worker on the ground, eager to help, has to go up the chain of command before taking action, which can take days.

“People on the ground are wonderful but the problem is getting the ‘yes,’ ” said Mr. Davis of St Tammany parish, who has a contractor ready to clean his drainage system of the same trees FEMA allowed him to take off his streets, and to repair parts of the sewage system. “I’m saying, ‘Wait a minute, you pick up debris on the road but not the drainage?’ If it rains, I’ve got real problems. I just need someone to tell me make the public bids and I could rebuild our parish in no time.””

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Caution: Ghouls At Work

by hilzoy From Time: “Federal troops aren’t the only ones looking for bodies on the Gulf Coast. On Sept. 9, Alabama Senator Jeff Sessions called his old law professor Harold Apolinsky, co-author of Sessions’ legislation repealing the federal estate tax, which was encountering sudden resistance on the Hill. Sessions had an idea to revitalize their … Read more

The Disconnect

by hilzoy

I agree with Edward that Bush may or may not have known that the electricity that illuminated his speech was turned off after he left. More generally, though, I don’t “wonder if the blame for the President’s obvious disconnect from reality shouldn’t be placed at the feet of his handlers.” For one thing, the President is an adult, and he is perfectly capable of asking his handlers questions, or for that matter turning on the news. For another, as far as I can tell, his disconnection from reality is caused by his failure to take steps that any competent manager would take to ensure that he knew what was going on.

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Nice Speech, But We Need Action

by hilzoy I thought the President gave a good speech. The trouble is, a speech isn’t what’s needed. Neither, for that matter, are more trips to the Gulf coast. What we need is some sign that the President meant what he said when he took responsibility for the failures in the federal government’s response to … Read more

Tom Delay Has Gone Stark Raving Mad

by hilzoy Really, what other explanation is there for this? “House Majority Leader Tom DeLay said yesterday that Republicans have done so well in cutting spending that he declared an “ongoing victory,” and said there is simply no fat left to cut in the federal budget. Mr. DeLay was defending Republicans’ choice to borrow money … Read more

Katrina: Delays

by hilzoy Via TPM, a very interesting article from Knight-Ridder: “As thousands of hurricane victims went without food, water and shelter in the days after Katrina’s early morning Aug. 29 landfall, critics assailed Brown for being responsible for delays that might have cost hundreds of lives. But Chertoff – not Brown – was in charge … Read more

Another Surprise

by hilzoy

I have not written anything about the nomination of John Roberts to the Supreme Court, mostly because I didn’t have anything interesting to say about it. When the nomination was first announced, I was pleasantly surprised. As I read further, I was a bit dismayed by some of the things he said, and especially what seemed to me to be a somewhat dismissive attitude towards the interests of women and minorities. But, fundamentally, I thought that while under any other President I can think of, I would have to think hard about his nomination and might well oppose it, under this President I had to hope he was confirmed, since virtually anyone else Bush is likely to nominate would be worse. The fact that seems genuinely to care about the law weighs a lot with me, and I felt no confidence whatsoever that if he were defeated, Bush would nominate someone else who shared that concern.

Or, in short: he was better than I had feared, and about as good as I could have hoped for, but that isn’t saying all that much.

But this is better than I had expected:

“Judge John G. Roberts Jr. testified today, as he was pressed for his views on legalized abortion, that there is nothing in his Catholic faith that would prevent him from adhering to settled law on the bitterly divisive issue. (…)

Mr. Specter, who supports the right to abortion, had been expected to question the nominee aggressively on the issue, and he did. And while Judge Roberts did not wholeheartedly embrace the 1973 Roe v. Wade decision or the 1992 Planned Parenthood v. Casey decision, he did signal that he would at least have to think long and hard before moving to upset them. He cited the principle of “stare decisis,” a Latin term meaning to stand by the thing decided, in stating that the Roe ruling was “settled as a precedent of the court.”

“So as of ’92, you have a reaffirmation of the central holding in Roe,” Judge Roberts recalled as Mr. Specter began the questioning. “That decision, that application of the principles of stare decisis is, of course, itself a precedent that would be entitled to respect under those principles.”

The nominee gave cautious answers, citing the difficulty of giving specific answers to hypothetical questions. But as a general principle, he said, he believes in “the importance of settled expectations,” that ordinary citizens as well as lawyers should be able to rely on the predictability and stability of settled law.

But not always. Although overturning precedent can be “a jolt to the legal system,” he said, it is sometimes right and necessary. He cited the landmark Brown v. Board of Education ruling of 1954, which outlawed public school segregation and in so doing overturned the Plessy v. Ferguson decision of the 19th Century that had upheld “separate but equal” facilities. (…)

Mr. Specter questioned the nominee about a memorandum he wrote in 1981, while a lawyer in the Reagan administration, in which he referred to the “so-called right to privacy.”

The senator wanted to know if the wording indicated that Judge Roberts was lukewarm to the concept of a right to privacy, or if in fact he believed that privacy was a right embodied in the Constitution.

“Senator, I do,” the judge replied. He said that right was spelled out in the First and Fourth Amendments, protecting free speech and freedom from unreasonable searches, as well as the lesser-known Third Amendment, protecting homeowners against having soldiers quartered in their homes against their will. (…)

As for whether a president could “authorize” unlawful torture, Judge Roberts said, “I believe that no one is above the law.” “

*** Update:
WaPo

“Roberts was asked about his statement in a 2003 Senate hearing, when he was seeking confirmation as a federal judge on the U.S. Court of Appeals for the District of Columbia Circuit and said he regarded Roe v. Wade as “the settled law of the land.”

“Well beyond that, it is settled as a precedent of the court entitled to respect under the principle of stare decisis ,” Roberts said. (…)

Roberts said he agrees that “the right to privacy is protected under the Constitution in various ways.” He said it was “fair” to say he does not hold the view today that was reflected in a 1981 memo, when he was a young lawyer in the Reagan administration and skeptically referred to a “so-called” right to privacy.”

Footnote below the fold, for Sebastian (and anyone else)

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Moral Values

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