Still Getting to No You

by Charles

About six weeks ago I wrote about the apparent Democratic policy of being the "No Party" instead of the "Better Ideas Party".  Well, the results are in.  The strategy is failing.  The Christian Science Monitor wrote the following about a poll conducted by James Carville and Stanley Greenberg:

Some 43 percent of voters said they had warm feelings about the Republican Party, while only 38 percent had positive feelings about Democrats. "Republicans weakened in this poll … but it shows Democrats weakening more," Greenberg said. He attributes the decline to voters’ perceptions that Democrats have "no core set of convictions or point of view.

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Rove And Plame

by hilzoy

Last night, word began to circulate around the blogs that Lawrence O’Donnell , an MSNBC political analyst, had identified Karl Rove as the person who leaked Valerie Plame’s name. Today, O’Donnell confirmed that he said this:

“I revealed in yesterday’s taping of the McLaughlin Group that Time magazine’s emails will reveal that Karl Rove was Matt Cooper’s source. I have known this for months but didn’t want to say it at a time that would risk me getting dragged into the grand jury. (…)

Since I revealed the big scoop, I have had it reconfirmed by yet another highly authoritative source. Too many people know this. It should break wide open this week. I know Newsweek is working on an ‘It’s Rove!’ story and will probably break it tomorrow.”

And now the Newsweek story is out:

“The e-mails surrendered by Time Inc., which are largely between Cooper and his editors, show that one of Cooper’s sources was White House deputy chief of staff Karl Rove, according to two lawyers who asked not to be identified because they are representing witnesses sympathetic to the White House. Cooper and a Time spokeswoman declined to comment. But in an interview with NEWSWEEK, Rove’s lawyer, Robert Luskin, confirmed that Rove had been interviewed by Cooper for the article. It is unclear, however, what passed between Cooper and Rove.

The controversy began three days before the Time piece appeared, when columnist Robert Novak, writing about Wilson’s trip, reported that Wilson had been sent at the suggestion of his wife, who was identified by name as a CIA operative. The leak to Novak, apparently intended to discredit Wilson’s mission, caused a furor when it turned out that Plame was an undercover agent. It is a crime to knowingly reveal the identity of an undercover CIA official. A special prosecutor was appointed and began subpoenaing reporters to find the source of the leak.

Novak appears to have made some kind of arrangement with the special prosecutor, and other journalists who reported on the Plame story have talked to prosecutors with the permission of their sources. Cooper agreed to discuss his contact with Lewis (Scooter) Libby, Vice President Dick Cheney’s top aide, after Libby gave him permission to do so. But Cooper drew the line when special prosecutor Patrick Fitzgerald asked about other sources.

Initially, Fitzgerald’s focus was on Novak’s sourcing, since Novak was the first to out Plame. But according to Luskin, Rove’s lawyer, Rove spoke to Cooper three or four days before Novak’s column appeared. Luskin told NEWSWEEK that Rove “never knowingly disclosed classified information” and that “he did not tell any reporter that Valerie Plame worked for the CIA.” Luskin declined, however, to discuss any other details. He did say that Rove himself had testified before the grand jury “two or three times” and signed a waiver authorizing reporters to testify about their conversations with him. “He has answered every question that has been put to him about his conversations with Cooper and anybody else,” Luskin said. But one of the two lawyers representing a witness sympathetic to the White House told NEWSWEEK that there was growing “concern” in the White House that the prosecutor is interested in Rove. Fitzgerald declined to comment.

In early October 2003, NEWSWEEK reported that immediately after Novak’s column appeared in July, Rove called MSNBC “Hardball” host Chris Matthews and told him that Wilson’s wife was “fair game.” But White House spokesman Scott McClellan told reporters at the time that any suggestion that Rove had played a role in outing Plame was “totally ridiculous.” On Oct. 10, McClellan was asked directly if Rove and two other White House aides had ever discussed Valerie Plame with any reporters. McClellan said he had spoken with all three, and “those individuals assured me they were not involved in this.” “

TalkLeft has a summary of earlier reporting on the Plame investigation.

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It Couldn’t Happen To A Nicer Guy, Part 2

by hilzoy Roll call, via, ThinkProgress, via TPM: “Federal agents on Friday searched the offices of a defense contractor tied to Rep. Duke Cunningham (R-Calif.) as well as the boat Cunningham lived on for more than a year, the latest sign of a growing investigation into the relationship between Cunningham and Mitchell Wade, founder of … Read more

Hagel: Even More Powerful Than We Thought

by hilzoy Earlier in the week, we learned that Senator Chuck Hagel, along with his trusty sidekick Ted Kennedy, was placing our success in Iraq at risk by expressing concern about how it was going. I was impressed: what an estimated 16,000 insurgents cannot accomplish with suicide bombs and IEDs, Senator Hagel can do simply … Read more

Failure Is Always An Option

by hilzoy Billmon has a very interesting post on Iraq called ‘Failure Is An Option’. He makes a lot of points, some of which I disagree with, but all of which are worth reading. But the point made in his title is a really important one that I’ve been thinking of writing about for a … Read more

Eminent Domain

When I first heard about the Kelo case I was worried because I thought there was a greater likelyhood of the Court expanding the eminent domain power than there was of them limiting it.  The drift from an already expansive meaning of public use to the very broad understanding of public purpose is unfortunate.  It … Read more

Ceci N’Est Pas Un Post

by hilzoy I was writing a long post on a Wall Street Journal OpEd that said that critics of the war were doing Zarqawi’s dirty work for him, but I’ve decided to bag it. If people are inclined to believe that any problems we might be having in Iraq are the fault not of the … Read more

Rove, Take 2

by hilzoy One of the things that went through my mind after Karl Rove’s remarks last Wednesday was: doesn’t he realize that there are Democrats (and even, gasp, liberals) serving in the armed forces? How on earth must it make them feel to know that while they are risking their lives, one of the President’s … Read more

Stop Me Before I Spend Again!

by hilzoy By a strange coincidence, the National Review had an article yesterday advocating the same approach to Social Security that the Republican Congressional leadership just adopted. It’s too completely disingenuous to merit fisking, but it does contain one crucial falsehood that it’s important to point out: “The gradual phase-in of personal accounts funded by … Read more

Social Security: The Second Time As Farce

by hilzoy Today’s Washington Post reports on a new Republican Social Security proposal: “After watching the Social Security debate from the sidelines, House Republican leaders yesterday embraced a new approach to Social Security restructuring that would add individual investment accounts to the program, but on a much smaller scale than the Bush administration favors. The … Read more

The Short Happy Life of Samson Agonistes

We are, of course, all familiar with Mr. Rove’s recent remarks regarding "liberals":*  Liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers. Now, for myself, I’d generally chalk this up to cheap partisan hackery — red meat for the red meat brigade.  A … Read more

Ethically Challenged

by hilzoy

Via TPM, a story from the (San Diego area) North County News:

“Rep. Randy “Duke” Cunningham and a Washington defense contractor continued their silence Tuesday about allegations that the Escondido Republican’s relationship with the contractor may have influenced Cunningham to use his clout to help the company obtain millions of dollars in federal defense contracts. (…)

When a Congressional representative has strong reason to believe that a House member may have committed an ethics violation, any House member may request that the ethics panel investigate the matter. To date, no Congressional representative, Republican or Democrat, has filed such a request pertaining to Cunningham.

While Republicans may have partisan reasons for not asking the House Ethics Committee to investigate Cunningham’s ties to the contractor, Democrats have no such excuse, said Naomi Seligman, deputy director of Citizens for Responsibility and Ethics in Washington.

“If Democrats are all about ethics and integrity, how can they not file a complaint?” she asked.”

Josh Marshall is furious:

“Now, I’ve talked to various knowledgable folks. And the reasons are several. The ethics committee is shut down. So there’s no point in filing a complaint. That’s one of the main excuses. But the real reason seems to be this — and the word comes down right from the House leadership: the Democrats don’t want to start filing ethics complaints against the Republicans because they’re afraid the Republicans will turn around and do the same to them.

They apparently want the ‘truce’ of the late 1990s back in force.

And just so we’re clear, it’s awfully hard to think of anything more pathetic than that. (…)

The Republicans are running a wildly corrupt Congress — particularly on the House side. And the Democrats are so shorn of power that they couldn’t even manage to be very corrupt if they tried. After all, this kind of corruption is about selling access and power. And the Democrats have no access or power!

So how is it exactly that the Democrats should be afraid that the Republicans are going to be able to give as good as they get if there’s an ‘ethics war’ in the House when that is the case. Some are just scared. Others, particularly some of the veterans, don’t want to clamp down too much because they’ve spent ten years out of power and they don’t want all the fun to be over if and when they finally get back in the saddle.

If elected Democrats aren’t able or willing to take a stand against the cash-n-carry legislative ethos of Tom DeLay’s Washington they’re simply not doing the job anyone sent them there to do. And they should be replaced too.”

What he said. To be clear: I blame everyone who has not filed an ethics complaint on this one, Democrat or Republican. But while I can, sort of, understand what the Republicans might be thinking, without particularly liking it, I have no idea at all in what universe this is not an obvious thing for Democrats to do. It is, for them, both right and politically expedient. And they should do it now.

You can find your Representative’s email address here. Whether your Rep is a Democrat or a Republican, write and ask him or her to refer Cunningham’s case to the House Ethics Committee. If this isn’t exactly the sort of case the Committee ought to be investigating, I don’t know what is.

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Retract Or Resign

by hilzoy NYT, 6/23/2005: “Karl Rove came to the heart of Manhattan last night to rhapsodize about the decline of liberalism in politics, saying Democrats responded weakly to Sept. 11 and had placed American troops in greater danger by criticizing their actions. “Conservatives saw the savagery of 9/11 in the attacks and prepared for war; … Read more

Condi Rising

by Charles

I’ve always been a fan of Condoleeza Rice.  Part of it has to do with her background and part has to do with her smarts, temperament, grace and charisma.  She reminds me a little of Margaret Thatcher, but better looking (sexist alert).  Another item in the plus column is her performance as Secretary of State.  Just in the last week, she has on multiple occasions lived up to the standards of the second inaugural address.  Let’s recap.

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The Polish Plumber

Via Sullivan Tom Palmer points us to this ferociously funny retort to the French’s xenophobic campaign against free labor markets in Europe. The tale of the "Polish Plumbers" coming down to replace French drainage experts was touted repeatedly leading up to the vote. The Poles’ response is a classic: I’m staying in Poland: Y’all Come … Read more

Art and the End of China’s Cultural Revolution

You have no idea how happy this makes me: Not so long ago Chinese authorities were in the business of closing down contemporary exhibitions. Curators and artists organised shows furtively: at the 2000 Shanghai Biennial, for example, the official State-subsidised exhibition was accompanied by a crop of impromptu “underground” shows in warehouses and basements, most … Read more

The UN on Matters of War and Peace

The international community is generally quite bad in dealing with issues of war or mass slaughter.  Whatever the utility of the UN on trade or health (and its successes there are decidedly mixed) it is very bad at dealing with the issues its charter makes preeminent.  The international community is especially bad at responding to … Read more

The Accidental Isolationists

By Edward The irony of President Bush’s willingness to charge boldly ahead, leading the world into an era in which democracy flourishes and tyrants scramble into the shadows, is that if/when we reach that horizon we’re likely to find that the path we chose there has left us isolated, with only gold-diggers for friends. It’s … Read more

The “I” Word

It won’t happen. Surely, there’s no way, in this climate, with the sort of powers they have at their disposal. And yet, if you listen closely, folks are beginning to whisper, and the volume of their collective whispers is beginning to rise. From the Nelson Report, via Marshall: [There is] an increased press and Congressional … Read more

Who’s Next?

by hilzoy Via Body and Soul, the LATimes reports: “Senate Republicans are calling on the Bush administration to reassess U.S. financial support for the International Committee of the Red Cross, charging that the group is using American funds to lobby against U.S. interests. The Senate Republican Policy Committee, which advances the views of the GOP … Read more

The Book of Hinderaker

by hilzoy by Publius at Law and Politics, is based on the Book of Job. And it’s great. I think approaches the wondrousness of the Poor Man’s ‘Scary Wolves’ ad (now impossible to find, for me at least), Atrios’ ‘Preznit Give Me Turkee’, and John and Belle’s If Wishes Were Horses, Beggars Would Ride — … Read more

It Couldn’t Happen To A Nicer Guy

by hilzoy

A few months ago, I wrote a post about Rep. Randy ‘Duke’ Cunningham and his propensity for saying completely nutty things like this:

The Congressional Leadership (in 1992) “ought to be lined up and shot”

About protesters against the war in Vietnam, “I would have no hesitation about lining them up and shooting them,” he said. “Those people should be shot for what they did to us over there.”

Bill Clinton was a KGB dupe

Some members of Congress “will tell you openly that they’re both Communist supporters and socialist supporters” who want “your kids and my kids … to fall under a socialist, Communist regime”.

A rectal procedure he had undergone was “just not natural, unless maybe you’re Barney Frank.”

Now, via Talking Points Memo, I find that Rep. Cunningham seems to have some ethics problems above and beyond those revealed in the quotes I just cited. From an article in the San Diego Union Tribune:

“A defense contractor with ties to Rep. Randy “Duke” Cunningham took a $700,000 loss on the purchase of the congressman’s Del Mar house while the congressman, a member of the influential defense appropriations subcommittee, was supporting the contractor’s efforts to get tens of millions of dollars in contracts from the Pentagon.

Mitchell Wade bought the San Diego Republican’s house for $1,675,000 in November 2003 and put it back on the market almost immediately for roughly the same price. But the Del Mar house languished unsold and vacant for 261 days before selling for $975,000.

Meanwhile, Cunningham used the proceeds of the $1,675,000 sale to buy a $2.55 million house in Rancho Santa Fe. And Wade, who had been suffering through a flat period in winning Pentagon contracts, was on a tear – reeling in tens of millions of dollars in defense and intelligence-related contracts. (…)

Congressional and political watchdog organizations expressed concerns, saying the circumstances raise questions about whether the transaction might constitute an illegal campaign contribution or even an official bribe.

“This doesn’t look good at all,” said Larry Noble, director of the Center for Responsive Politics. “It doesn’t look like something that was on the up and up.”

“The potential conflicts here are enormous,” added Brad White, director of investigations for Public Citizen’s Congress Watch. (…)

Asked if he and Wade were friends, Cunningham answered, “No more than I am with (Qualcomm founder) Irwin Jacobs or (Titan Corp. founder) Gene Ray or any of the other CEOs.”

Nobody would equate MZM, which is headquartered in the trendy Dupont Circle area in Washington, with San Diego-based giants Qualcomm and Titan. Nor would anyone equate Wade with Jacobs or Ray. Wade was a Pentagon program manager before launching MZM in 1993, and he struggled to get contracts as recently as three years ago.

But in 2003 and 2004, roughly around the time of the house transaction, MZM’s fortunes began to soar. In fiscal year 2003, it received $41 million in defense contracts. Since then, MZM has added tens of millions of dollars in additional contracts, including a $5 million sole source contract to provide interpreters in Iraq.

In 2004, MZM had $66 million in revenues, according to Washington Technology magazine, which put the relative corporate newcomer on its 2005 list of “Top 100 Federal Prime Contractors.” “

So: a struggling defense contractor buys the home of an influential member of the House Appropriations Committee’s Defense Subcommittee, almost immediately puts it back on the market at the same price, and takes a $700,000 loss. By an amazing coincidence, he begins to get lucrative defense contracts at the very same time. Chalk another one up to synchronicity!

Personally, I think Rep. Cunningham should have been voted out of office years ago, on the grounds that anyone who thinks it’s OK to say that his political opponents should be lined up and shot has no place in our government. But if this accomplishes the same thing, I won’t complain. I will, however, note that it is just wrong to give defense contracts out for any reason other than the quality and pricing of the contractor, especially in time of war. We really need the best interpreters we can find to support our troops in Iraq, and anyone who would seek to influence such a contract for personal gain has done something much worse than giving, say, a highway contract to his brother-in-law.

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What has free trade ever done for us?

The answer is a lot.  A couple of days ago, the Washington Post ran a piece on globalization by Gary Clyde Hufbauer and Paul L.E. Grieco, of the Institute for International Economics (Alan Greenspan is an honorary director). After a half-century of steady liberalization it is fair to ask, what do Americans have to show? … Read more

The Patent Reform Act of 2005

[A few updates below.]

Congressman Lamar Smith of (R-Texas) has just introduced the Patent Reform Act of 2005.  It is the most significant change to the U.S. patent laws since the 1952 Patent Act, and it will have a major impact on how patents are examined, issued, and enforced.  Because patent law is a very much inside-baseball game, however, I fear that a lot of the nuances in the debate will be lost on the general public.  My goal on this blog is to de-mystify the debate as much as possible, and to give our readership my best view on what patent reform means in a practical sense.

Here are the broad outlines of the proposed reform: 

  • Grant patent rights based on a "first-to-file" rule, rather than the current "first-to-invent" rule.
    • What it means:  The U.S. is, at present, the only (?*) nation in the world to award patents to the first person to "invent" a patent’s claimed invention, rather than the first person to file a patent application. 
    • Why there’s a move to change:  The U.S.’s first to invent rule is enormously complex, generates substantial litigation and complexity, and is out of step with the rest of the world.  Determining who is the first to invent a particular matter is extraordinarily difficult, and the applicable rules are Byzantine even by the standards of patent law. A first-to-file rule — based on what application gets to the Patent Office first — is simpler, cleaner, and much more efficient.  Moreover, a first-to-file rule will be accompanied by a change in the definition of "prior art," in order to protect an inventor who is beaten to the Patent Office.  [UPDATE:  On reflection, that last sentence is a misleading oversimplification.  A change to the "first to file" rule will indeed require a change in the definition of "prior art," but the safe harbor that I describe also requires a change in the concept of "intervening rights" (whether or not expressed in such term).]
    • Who are the winners?  The system, the Courts, the Patent Office — a first-to-file is much cheaper, easier, and simpler.  The fast (read:  the folks who have the money to patent early and often). Multinationals:  No more bizarre US-only rules.
    • Who are the losers?  The little guy, who doesn’t have the resources to file a lot of patent applications. 
    • What’s likely to surprise you?  The debate is going to be contentious, and it probably won’t break down along party lines:  Pro-business Democrats and Republicans (full disclosure:  this includes me) will be on one side of the aisle; Democrats and Republicans who favor the little guy will be on the other.  The last time this change was debated (in 1999), it caused Phyllis Schafly to lose her few remaining senses.  (How else to describe a screed that begins "All the bad deals made by the late Secretary of Commerce Ron Brown, unfortunately, did not die with him in his tragic plane crash"?).  Oh, and the first-to-file rule might be unConstitutional.

    What else?  Read on below the fold.

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    Rossi Election Contest Over

    by Charles Yesterday, Judge John Bridges made his ruling, upholding the November 2004 election for Washington State governor.  In a nutshell, Bridges set a high bar for overturning an election (too high in my opinion) and the Republicans fell short, the standard being "clear and convincing evidence" that the plaintiff had more total votes.  He … Read more

    We’re at War

    By Edward

    I feel like such a fool. I mean, here there’s been a war raging and I didn’t truly realize it. Oh, I heard the folks insisting we’re at war, practically pleading with me to understand what’s at stake and why we must unite in the fight, but I chose to ignore the signs, preferring my haze of denial to the harsh light of hard choices. Clearly now, though, it’s impossible to deny what’s undeniable: we are at war.

    What makes it all the worse, is that all through the 2004 presidential campaign, we were repeatedly told we’re at war. One candidate stood above the rest, going to great lengths to try and rally all sides across the nation around the cause, just to be scoffed at by his critics. That candidate, of course, was John Edwards, and the war that’s raging is a class war of epic proportions. The joke is, not only are the middle classes enabling the superwealthy to shock and awe the hell out of them, even the merely wealthy are voting against their own interests, and in doing so ensuring a new oligarchy rises to untouchable heights unimagined in any other time in the life of the American Dream:

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    When Stories Collide

    by hilzoy John Bolton, meet the Downing Street memo. From the AP: “John R. Bolton flew to Europe in 2002 to confront the head of a global arms-control agency and demand he resign, then orchestrated the firing of the unwilling diplomat in a move a U.N. tribunal has since judged unlawful, according to officials involved. … Read more

    Moderate Conservative

    by Charles When I first started writing at Tacitus, one of the first things I did for the benefit of the readers was to let them know where I was on the political spectrum (the link disappeared when Trevino switched over to Scoop).  When I was graciously invited to Obsidian Wings (and by the way, … Read more

    Paul “Veg-O-Matic” Krugman

    by Charles

    Daniel Okrent started this tempest in his fare thee well column in the New York Times, with this sentence:

    Op-Ed columnist Paul Krugman has the disturbing habit of shaping, slicing and selectively citing numbers in a fashion that pleases his acolytes but leaves him open to substantive assaults.

    Okrent must have known the response he would get from this sentence, and he was brave for doing so.  Not surprisingly, Dr. Krugman responded forcefully in the Times’ public editor web journal:

    Mr. Okrent has so far offered only one example that, if true, would have justified his all-out attack on my ethics.

    Krugman initially responded to the only example he thought was "significant", then later responded to Okrent’s specific example [sentence updated].  Leaving aside the notion that one sentence in a column with thirteen separate numbered topics constitutes an "all-out attack", Krugman does have a history of fitting his data to his politics.  The liberal economics professor may consider the other criticisms a picking of the nits, but when you’re a columnist in the most prominent newspaper in the country, those nits aren’t so small. The fellas at QandO have been on a roll lately, and Jon Henke demonstrates how Krugman has sliced and diced in the "significant" example.  Dale Franks hit Krugman on stagflation, and Henke provides a coup de grace in this detailed follow-upTom Maguire writes about his walk down memory lane with Krugman.  Andrew Samwick adds a few observations, concluding with this:

    Any time spent reading Krugman in search of an informed, liberal economist’s point of view is time that could be better spent reading Brad DeLong’s blog.

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    When Is It Right to Remove a President from Office?

    Oddly, it would seem that’s not a rhetorical question. I mean, according to the Constitution, The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors. That seems pretty straightforward: the president should be removed … Read more

    Amnesty Take 1,783: In Which I Am Puzzled.

    by hilzoy My initial reaction to the Amnesty report flap was: OK, so Amnesty’s use of the word “gulag” was unfortunate and over the top. So what? This does not mean that Amnesty has “lost its moral compass” or anything; it just means that, like most organizations, AI’s word choice is not infallible. The really … Read more

    Mystery Solved.

    by hilzoy Von earlier wondered why Democrats were refusing to allow a vote on John Bolton’s nomination. I thought that was fairly clear: the White House was refusing to provide information that had been requested by Democrats and Republicans alike in the course of their confirmation hearings, and I think that the fact that the … Read more

    Conservatism In Theory And Practice

    by hilzoy

    According to Merriam-Webster, ‘conservatism’ means:

    1 capitalized a : the principles and policies of a Conservative party b : the Conservative party
    2 a : disposition in politics to preserve what is established b : a political philosophy based on tradition and social stability, stressing established institutions, and preferring gradual development to abrupt change
    3 : the tendency to prefer an existing or traditional situation to change

    This is a view I can respect, even when I disagree with it. Changing institutions can often have large unintended consequences, and a generally cautious attitude towards changing them often makes sense to me. To quote a passage from Chesterton that Sebastian cited recently:

    In the matter of reforming things, as distinct from deforming them, there is one plain and simple principle; a principle which will probably be called a paradox. There exists in such a case a certain institution or law; let us say, for the sake of simplicity, a fence or gate erected across a road. The more modern type of reformer goes gaily up to it and says, “I don’t see the use of this; let us clear it away.” To which the more intelligent type of reformer will do well to answer: “If you don’t see the use of it, I certainly won’t let you clear it away. Go away and think. Then, when you can come back and tell me that you do see the use of it, I may allow you to destroy it.”

    So why aren’t more Republicans taking a conservative position on the nuclear option?

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    Minor Annoyance Monday

    If she’s gonna start using her celebrity to promote her husband’s agenda, then First Lady Laura Bush (why do I always want to type "Barbara Bush"?) is opening herself up to the public critique of her words and actions. In that context, I’d like to note that this is a silly statement about the protests … Read more