-
Archives
- August 2015
- July 2015
- June 2015
- May 2015
- April 2015
- March 2015
- February 2015
- January 2015
- December 2014
- November 2014
- October 2014
- September 2014
- August 2014
- July 2014
- June 2014
- May 2014
- April 2014
- March 2014
- February 2014
- January 2014
- December 2013
- November 2013
- October 2013
- September 2013
- July 2013
- June 2013
- May 2013
- April 2013
- March 2013
- February 2013
- January 2013
- December 2012
- November 2012
- October 2012
- September 2012
- August 2012
- July 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- January 2012
- December 2011
- November 2011
- October 2011
- September 2011
- August 2011
- May 2011
- March 2011
- November 2010
- October 2010
- August 2009
- June 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- December 2008
- November 2008
- October 2008
- September 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- February 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- August 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- February 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- August 2004
- July 2004
- June 2004
- May 2004
- October 2003
- September 2003
- August 2003
- July 2003
- June 2003
- May 2003
- April 2003
- March 2003
- January 2003
- December 2002
- November 2002
- October 2002
- September 2002
- August 2002
-
Meta
Monthly Archives: January 2008
On the meaning of "change": II
Senator Clinton was given a great opportunity Sunday to explain what she means by “change.” In an exchange on Meet the Press, she was asked about President Clinton’s pardon of Marc Rich. Remember, Rich was the very rich man charged with tax evasion. Rather than fight the charge in court, he fled the jurisdiction. Not all his money fled, however, or at least lots came back — in contributions to the Democratic Party, for example. Hours before leaving office, President Bill Clinton pardoned him.
Here was the exchange:
MR. RUSSERT: You say you’ve been deeply involved in the eight years of the Clinton administration. One of the powers given to a president is the power of pardon. At the end of the president’s second term, he granted 140 pardons, including one to Marc Rich, someone who had been convicted of tax evasion, fraud and making illegal oil deals with Iran. Were you involved in that pardon?
SEN. CLINTON: No. I didn’t know anything about that.
MR. RUSSERT: No one talked to you whatsoever?
SEN. CLINTON: No. No. Unh-unh.
MR. RUSSERT: His ex-wife gave $109,000 to your campaign.
SEN. CLINTON: Well, no one talked to me about it, Tim.
MR. RUSSERT: Nobody?
SEN. CLINTON: Nobody.
Later, Senator Clinton committed to following Justice Department “guidelines on pardons.”
So this is a fantastic area to focus on in defining how Washington would “change” under the new Clinton rather than the old. Indeed, as her husband’s administration was charged with essentially selling nights in the Lincoln Bedroom, and with this, selling pardons, it would have been a perfect opportunity for her to make clear just how different things would be.
In this question, she could have done that quite directly.
First, she could have taken the tough, though possibly right, path of speaking the truth despite how it is perceived. Certainly President Clinton thought there nothing wrong with the pardon. And indeed, when the Prime Minister of a major ally asks the President to pardon someone, especially one who has given so much money to one’s political allies, one could well argue that it takes real courage to actually grant the pardon, given the totally predictable charge that the pardon was bought.
Second, she could have taken the responsive, change signaling path of acknowledging a mistake and indicating how she would do it differently. Giving large donors special access and privilege in an administration is exactly the kind of behavior many say should change. Senator Clinton could easily have marked this as one of the things that would change.
She did neither. Instead, she deflected responsibility, pointed to the Internet, and promised to follow “guidelines.”
Not surprising. But not signaling, imho, “change.”
Continue reading
Posted in presidential politics
8 Comments
On the continuing question of © and the First Amendment
Some important news in the continuing struggle to reckon the First Amendment and copyright. For those not following this in depth, here’s the story so far:
In Eldred v. Ashcroft, the Court was asked to subject a copyright statute to First Amendment analysis. The Court declined that request. Instead, the Court held that so long as copyright act does not change the “traditional contours of copyright protection,” further First Amendment review is not required.
That standard left open the question of what the “traditional contours of copyright protection” were. In three follow on cases, lower courts have now addressed the question. In all three of these lower court cases, the government has argued that by “traditional contours of copyright protection,” the Eldred court meant simply the “idea/expression” dichotomy and “fair use.” Thus, the only possible First Amendment challenge to a copyright statute, according to the government, is if the statute changes one of these two “traditional First Amendment safeguards,” as the Court in Eldred referred to them.
Plaintiffs in these three lower court cases have taken a broader view of the meaning of “traditional contours of copyright protection.” Rather than limited to the two “First Amendment safeguards,” plaintiffs have argued that “traditional contours” means, well, traditional contours. That if plaintiffs allege a change in the “traditional contours of copyright protection” implicating First Amendment interests, that change should be subject to First Amendment review.
In two of these lower court opinions, one in the Ninth Circuit (Kahle v. Mukasey) and one in a district court in the DC Circuit (Luck’s Music v. Ashcroft), the courts have agreed with the government. In one of these lower court opinions, (Golan v. Mukasey), the 10th Circuit agreed with the plaintiffs.
This split was the focus of a cert petition (Petition, Reply, Supplemental Brief) to the Supreme Court in Kahle. The government responded (response) that there was no need for Supreme Court to review Kahle, because the “mistaken” decision by the 10th Circuit would be reversed when the Court of Appeals granted the government’s motion to rehear the case en banc.
On Friday, the 10th Circuit denied the government’s motion. But on Friday, the Supreme Court accepted the government’s recommendation not to recognize the split, by denying cert. Thus, though the reason the government offered for not granting cert turned out to be false, cert has not been granted.
There’s no chance the government will allow the 10th Circuit’s decision to stand unreviewed. But while the 10th Circuit opinion is fantastically well done, it is unfortunate, in my view, that the Court did not take the opportunity to resolve the split in the context of Kahle. The issues in that case are clearer; they provide a better context within which to review the meaning of the Eldred rule — indeed, they make the wisdom of the Eldred rule seem obvious.
Continue reading
Posted in eldred.cc
2 Comments
Iowa Elections Market
For the first time since March, Obama is ahead of Clinton in the Iowa futures market. And for the first time ever, he’s above 50%. 53.2% to be precise. Continue reading
Posted in presidential politics
5 Comments
On the meaning of "change"
Senator Clinton says: “We’re all advocating for change. We all want to change the status quo, which is George W. Bush and the Republican domination of Washington.”
Really? Is that the “change” being called for by Edwards and Obama? Because I heard their call for change to be bigger than this. To be more fundamental. We’ve not made progress if change gets us to a world where lobbyists influence Democrats rather than Republicans. It’s not “change” if we get back to a world where the Lincoln Bedroom goes to a leading Democratic fundraiser rather than a Republican. If the only “change” at stake here is a change in the party in control, then there’s no much to get excited about.
Update: Some have misread this to be a kind a Nader-esque post — that three’s no difference between the Dems and Republicans, etc. I don’t mean that at all. I think there is a hugely significant difference between the DEMs and GOP, and between Obama/Edwards and Clinton, on the single issue that I care most about — whether we will see any progress in reforming the corruption that is Congress.
Continue reading
Posted in presidential politics
11 Comments
Thank you, Iowa
“Let the word go forth from this time and place, to friend and foe alike, that the torch has been passed to a new generation of Americans.”
post-NH update:
This was the first of many, before the final in November. As John Edwards put it, “The status quo lost.”
From the “[old] generation of Americans”: “I’m not dead!” (See The Holy Grail, The Dead Collector)
Thank you, Iowa. Continue reading
Posted in presidential politics
19 Comments
My congressman is retiring
As Reuters reports, Congressman Tom Lantos has been diagnosed with cancer and is retiring from Congress.
Lantos has had an extraordinary career in Congress. A Holocaust survivor and a Hungarian, he has been on the right side of most things in his million plus year tenure in Congress (ok, 26 years). In 2004, I supported his Democratic opponent on the principle that Democrats needed to express their opposition to the war at a minimum by opposing those Democrats who supported the war (and the Patriot Act).
But we are all sorry to hear of Congressman Lantos’ illness, and thank him for his public service.
Continue reading
Posted in politics
3 Comments
The great good that Iowa can do
It now looks like there’s a very good chance that Iowa will do the American democracy more good tomorrow than any election has done in the last generation.
If the polls are to be believed (or if caucusers turn out according to the polls), then a majority of the Democracts will be voting for a candidate that places fixing the corruption that is Washington at the very top of his agenda. Both Edwards and Obama have made this their core message (Populist hero Edwards more than new generation Obama), and if the majority of Democrats in Iowa ratifying that message gets understood, we may see this election go a long way towards fixing the problem that I think is the single most important problem facing government today.
As I’ve said before, I don’t think this is a Dem/GOP issue. But it is the case that the only credible campaigns attacking it are now from the Democratic side of the isle. The grotesqueness of the last 7 years perhaps leads the GOP to ignore the issue. The allegiance of the establishment Democratic candidate (HR Clinton) leaves an open field for the “less experienced” Obama and Edwards.
But in that charge (“less experience”) lies all the promise of these two reform candidates. If you were asking how best to reform a corrupt Police Department, would anyone think that someone experienced inside the department was likely to be an effective reformer? I’m not saying it’s not possible: Someone living inside that corruption could finally boil over with revulsion at the system that they are living within. Precisely that revulsion is what many of us were looking for Clinton to demonstrate. But we got none of that. Instead, we got a full throated defense of lobbyists. Thus, even if it is possible that an “experienced” politician could reform the system, the experience of HR “Lincoln Bedroom” Clinton is not likely to manifest that zeal for reform. She and her husband prospered from that system. Why would they ever work to dismantle it? She asks in her final 2-minute plea to Iowa: “Who is ready to be president and ready to start solving the big challenges we face on day one?” That’s not the question. The right question is this: “Who sees fixing the corruption that is government as the most important challenge we face on day one, and who is likely to have the will to do it?”
Edwards and Obama are different from Clinton in this respect at least. Both are single term Senators — in it enough to be revolted by the system, both aching to force change upon it. I concede it may be hard for some to choose between them. I think it is a moment of celebration that the Dems have two with this ethic at their core. And while I would not criticize anyone who caucused for Senator Edwards, as I’ve already indicated, my pull for Obama comes not just from knowing him a bit personally, but also from the aching desire that we let, to borrow from JFK, the torch pass to a new generation. Imagine what America looks like from the outside when this mixed race American (a redundancy, to be sure), who opposed this horrible blunder of a war from the start, is sworn in as President. And imagine what America looks from the inside, when all those under 50 see a man who doesn’t actually remember Woodstock defining for a generation those things worth remembering.
It is a hopeful moment. Please, Iowa, make it real. Continue reading
Posted in presidential politics
7 Comments