George Carlin and Lenny Bruce


“The Trials of Lenny Bruce: The Fall and Rise of An American Icon” (Ronald K. L. Collins, David M. Skover)

Regional news outlets can find any national event and find the angle that links the story to the local market. Apparently, George Carlin got his second start in Chicago (or not, the NYT Obit claims Carlin started doing darker, topical humor in 1970, quite a few years past 1962)

The show was on a Tuesday night, Dec. 4, 1962, at the Gate of Horn, 1036 N. State, according to the Sun-Times report the next morning. One of the vice detectives checking out the show described it this way: “We were there about a half hour when Bruce appeared on the stage and from the first few minutes of his routine the air turned blue. Every other word [was] a four-letter one, and he spared nobody, including the clergy and the police department in his abuse.”

According to The Trials of Lenny Bruce: The Fall and Rise of an American Icon by Ronald K.L. Collins and David M. Skover, one of the comic’s signature bits, “Christ and Moses, [YouTube with photo montage of Bruce and audio recording of this bit]” was the bridge too far for the cops. In this bit, the two holy men unexpectedly stop by St. Patrick’s Cathedral, causing a panicked Cardinal Spellman to beg the pope’s help. (“We’re up to our ass in crutches and wheelchairs here!”)

At that point, the police stopped the show and arrested Bruce, charging him with “giving an obscene and lewd show.”

Also arrested were the club’s owner and bartender, as well as one George Carlin, 25, who refused to show ID. Carlin and Bruce shared a ride to the station in the back of a paddywagon, and when they were booked they both gave the same local address on East Delaware.

The incident left its mark on both comics. Carlin changed the tone of his comedy to be much more topical. He was arrested himself 10 years later in Milwaukee for performing his infamous “Seven Words You Can Never Say on Television” routine.

“He was really a force for exposing hypocrisy,” Carlin said of Bruce in a radio interview. He later added: “Lenny Bruce opened the doors for all the guys like me; he prefigured the free-speech movement and helped push the culture forward into the light of open and honest expression.”

Bruce, meanwhile, was found guilty and later said this about our fair city: “Chicago is so corrupt, it’s thrilling.”

[From Carlin’s comedy was born in a Chicago paddywagon :: CHICAGO SUN-TIMES :: Entertainment]

Lenny Bruce, right as usual.

John Nichols of the Nation has a nice collection of Carlinisms. Like:

“Now, there’s one thing you might have noticed I don’t complain about: politicians,” [Carlin] explained in a routine that challenged all the premises of today’s half-a-loaf reformers. “Everybody complains about politicians. Everybody says they suck.

Well, where do people think these politicians come from? They don’t fall out of the sky. They don’t pass through a membrane from another reality. They come from American parents and American families, American homes, American schools, American churches, American businesses and American universities, and they are elected by American citizens. This is the best we can do folks. This is what we have to offer. It’s what our system produces: Garbage in, garbage out. If you have selfish, ignorant citizens, you’re going to get selfish, ignorant leaders. Term limits ain’t going to do any good; you’re just going to end up with a brand new bunch of selfish, ignorant Americans.

So, maybe, maybe, maybe, it’s not the politicians who suck. Maybe something else sucks around here… like, the public. Yeah, the public sucks. There’s a nice campaign slogan for somebody: ‘The Public Sucks. Fuck Hope.‘”

and:

Recalling George Bush’s ranting about how the endless “war on terror” is a battle for freedom, Carlin echoed James Madison’s thinking with a simple question: “Well, if crime fighters fight crime and fire fighters fight fire, what do freedom fighters fight? They never mention that part to us, do they?”

and a favorite of mine:

“The real owners are the big wealthy business interests that control things and make all the important decisions. Forget the politicians, they’re an irrelevancy. The politicians are put there to give you the idea that you have freedom of choice. You don’t. You have no choice. You have owners. They own you. They own everything. They own all the important land. They own and control the corporations. They’ve long since bought and paid for the Senate, the Congress, the statehouses, the city halls. They’ve got the judges in their back pockets. And they own all the big media companies, so that they control just about all of the news and information you hear. They’ve got you by the balls. They spend billions of dollars every year lobbying – lobbying to get what they want. Well, we know what they want; they want more for themselves and less for everybody else,” ranted the comedian whose routines were studied in graduate schools.

“But I’ll tell you what they don’t want,” Carlin continued. “They don’t want a population of citizens capable of critical thinking. They don’t want well-informed, well-educated people capable of critical thinking. They’re not interested in that. That doesn’t help them. That’s against their interests. They don’t want people who are smart enough to sit around the kitchen table and figure out how badly they’re getting fucked by a system that threw them overboard 30 fucking years ago. You know what they want? Obedient workers – people who are just smart enough to run the machines and do the paperwork but just dumb enough to passively accept all these increasingly shittier jobs with the lower pay, the longer hours, reduced benefits, the end of overtime and the vanishing pension that disappears the minute you go to collect it. And, now, they’re coming for your Social Security. They want your fucking retirement money. They want it back, so they can give it to their criminal friends on Wall Street. And you know something? They’ll get it. They’ll get it all, sooner or later, because they own this fucking place. It’s a big club, and you ain’t in it. You and I are not in the big club.”

Obama and 9-11

Steel, Ice and death

More like this please! From prepared remarks Obama delivered June 18th, 2008 on the topic of Detainees and Afghanistan.

I have made the same arguments as Republicans like Arlen Specter, countless Generals and national security experts, and the largely Republican-appointed Supreme Court of the United States of America – which is that we need not throw away 200 years of American jurisprudence while we fight terrorism. We do not need to choose between our most deeply held values, and keeping this nation safe. That’s a false choice, and I completely reject it.

Now in their attempt to distort my position, Senator McCain’s campaign has said I want to pursue a law enforcement approach to terrorism. This is demonstrably false, since I have laid out a comprehensive counter-terrorism strategy that includes military force, intelligence operations, financial sanctions and diplomatic action. But the fact that I want to abide by the United States Constitution, they say, shows that I have a “pre-9/11 mindset.”

Well I refuse to be lectured on national security by people who are responsible for the most disastrous set of foreign policy decisions in the recent history of the United States. The other side likes to use 9/11 as a political bludgeon. Well, let’s talk about 9/11.

The people who were responsible for murdering 3,000 Americans on 9/11 have not been brought to justice. They are Osama bin Laden, al Qaeda and their sponsors – the Taliban. They were in Afghanistan. And yet George Bush and John McCain decided in 2002 that we should take our eye off of Afghanistan so that we could invade and occupy a country that had absolutely nothing to do with 9/11. The case for war in Iraq was so thin that George Bush and John McCain had to hype the threat of Saddam Hussein, and make false promises that we’d be greeted as liberators. They misled the American people, and took us into a misguided war.

Here are the results of their policy. Osama bin Laden and his top leadership – the people who murdered 3000 Americans – have a safe-haven in northwest Pakistan, where they operate with such freedom of action that they can still put out hate-filled audiotapes to the outside world. That’s the result of the Bush-McCain approach to the war on terrorism.

[From Obama Remarks on Detainees and Afghanistan – June 18, 2008]

McCain is most vulnerable to this attack: an attack on the 8 years of failed policies of the Bushites, especially as regards to terrorism. McCain will continue the same failed policies in the unlikely event he’s elected.

Click here to read the rest of the speech in its entirety.

Kucinich’s 35 Articles of Impeachment

Hail Radiohead
[Hail to the Thief]

You’d be hard pressed to find much mention of Representative Dennis J. Kucinich’s admittedly quixotic campaign to impeach the Liar in Chief (and his enabler, Dick Cheney, last year) in the media. The New York Times, for instance, ran a tiny AP story, that made sure to insist nothing was going to happen:

Representative Dennis J. Kucinich, Democrat of Ohio, defied his party leadership on Monday by calling for the impeachment of President Bush for starting the war in Iraq — but his move was not expected to go anywhere. Mr. Kucinich, a former presidential candidate, outlined his intention to propose more than two dozen charges against Mr. Bush on the floor of the House. He accused Mr. Bush of executing a “calculated and wide-ranging strategy” to deceive citizens and Congress into believing that Iraq posed an imminent threat to the United States. Speaker Nancy Pelosi has repeatedly said she opposes trying to remove Mr. Bush

[From National Briefing – Washington – Kucinich Seeks to Impeach Bush – NYTimes.com]

No Masturbation Jokes

If you have a few moments, the full text is currently available at Kucinich.house.gov, and begins:

ARTICLES OF IMPEACHMENT FOR PRESIDENT GEORGE W. BUSH

Resolved, that President George W. Bush be impeached for high crimes and misdemeanors, and that the following articles of impeachment be exhibited to the United States Senate:

Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, in maintenance and support of its impeachment against President George W. Bush for high crimes and misdemeanors.

In his conduct while President of the United States, George W. Bush, in violation of his constitutional oath to faithfully execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has committed the following abuses of power.

Impeachment

These are the 35 charges:

  1. CREATING A SECRET PROPAGANDA CAMPAIGN TO MANUFACTURE A FALSE CASE FOR WAR AGAINST IRAQ
  2. FALSELY, SYSTEMATICALLY, AND WITH CRIMINAL INTENT CONFLATING THE ATTACKS OF SEPTEMBER 11, 2001 WITH MISREPRESENTATION OF IRAQ AS AN IMMINENT SECURITY THREAT AS PART OF A FRAUDULENT JUSTIFICATION FOR A WAR OF AGGRESSION.
  3. MISLEADING THE AMERICAN PEOPLE AND MEMBERS OF CONGRESS TO BELIEVE IRAQ POSSESSED WEAPONS OF MASS DESTRUCTION, SO AS TO MANUFACTURE A FALSE CASE FOR WAR
  4. ILLEGALLY MISSPENDING FUNDS TO SECRETLY BEGIN A WAR OF AGGRESSION
  5. INVADING IRAQ IN VIOLATION OF THE REQUIREMENTS OF HJRes114.
  6. INVADING IRAQ ABSENT A DECLARATION OF WAR
  7. INVADING IRAQ, A SOVEREIGN NATION, IN VIOLATION OF THE UN CHARTER AND INTERNATIONAL CRIMINAL LAW
  8. FAILING TO PROVIDE TROOPS WITH BODY ARMOR AND VEHICLE ARMOR
  9. FALSIFYING ACCOUNTS OF U.S. TROOP DEATHS AND INJURIES FOR POLITICAL PURPOSES
  10. ESTABLISHMENT OF PERMANENT U.S. MILITARY BASES IN IRAQ
  11. INITIATING A WAR AGAINST IRAQ FOR CONTROL OF THAT NATION’S NATURAL RESOURCES
  12. INITIATING A WAR AGAINST IRAQ FOR CONTROL OF THAT NATION’S NATURAL RESOURCES
  13. CREATING A SECRET TASK FORCE TO DEVELOP ENERGY AND MILITARY POLICIES WITH RESPECT TO IRAQ AND OTHER COUNTRIES
  14. MISPRISION OF A FELONY, MISUSE AND EXPOSURE OF CLASSIFIED INFORMATION AND OBSTRUCTION OF JUSTICE IN THE MATTER OF VALERIE PLAME WILSON, CLANDESTINE AGENT OF THE CENTRAL INTELLIGENCE AGENCY
  15. PROVIDING IMMUNITY FROM PROSECUTION FOR CRIMINAL CONTRACTORS IN IRAQ
  16. RECKLESS MISSPENDING AND WASTE OF US TAX DOLLARS IN CONNECTION WITH IRAQ CONTRACTORS
  17. ILLEGAL DETENTION: DETAINING INDEFINITELY AND WITHOUT CHARGE PERSONS BOTH U.S. CITIZENS AND FOREIGN CAPTIVES
  18. TORTURE: SECRETLY AUTHORIZING, AND ENCOURAGING THE USE OF TORTURE AGAINST CAPTIVES IN AFGHANISTAN, IRAQ, AND OTHER PLACES, AS A MATTER OF OFFICIAL POLICY
  19. RENDITION: KIDNAPPING PEOPLE AND TAKING THEM AGAINST THEIR WILL TO “BLACK SITES” LOCATED IN OTHER NATIONS, INCLUDING NATIONS KNOWN TO PRACTICE TORTURE
  20. IMPRISONING CHILDREN
  21. MISLEADING CONGRESS AND THE AMERICAN PEOPLE ABOUT THREATS FROM IRAN, AND SUPPORTING TERRORIST ORGANIZATIONS WITHIN IRAN, WITH THE GOAL OF OVERTHROWING THE IRANIAN GOVERNMENT
  22. CREATING SECRET LAWS
  23. VIOLATION OF THE POSSE COMITATUS ACT
  24. SPYING ON AMERICAN CITIZENS, WITHOUT A COURT-ORDERED WARRANT, IN VIOLATION OF THE LAW AND THE FOURTH AMENDMENT
  25. DIRECTING TELECOMMUNICATIONS COMPANIES TO CREATE AN ILLEGAL AND UNCONSTITUTIONAL DATABASE OF THE PRIVATE TELEPHONE NUMBERS AND EMAILS OF AMERICAN CITIZENS
  26. ANNOUNCING THE INTENT TO VIOLATE LAWS WITH SIGNING STATEMENTS, AND VIOLATING THOSE LAWS
  27. FAILING TO COMPLY WITH CONGRESSIONAL SUBPOENAS AND INSTRUCTING FORMER EMPLOYEES NOT TO COMPLY
  28. TAMPERING WITH FREE AND FAIR ELECTIONS, CORRUPTION OF THE ADMINISTRATION OF JUSTICE
  29. CONSPIRACY TO VIOLATE THE VOTING RIGHTS ACT OF 1965
  30. MISLEADING CONGRESS AND THE AMERICAN PEOPLE IN AN ATTEMPT TO DESTROY MEDICARE
  31. KATRINA: FAILURE TO PLAN FOR THE PREDICTED DISASTER OF HURRICANE KATRINA, FAILURE TO RESPOND TO A CIVIL EMERGENCY
  32. MISLEADING CONGRESS AND THE AMERICAN PEOPLE, SYTEMATICALLY UNDERMINING EFFORTS TO ADDRESS GLOBAL CLIMATE CHANGE.
  33. REPEATEDLY IGNORED AND FAILED TO RESPOND TO HIGH LEVEL INTELLIGENCE WARNINGS OF PLANNED TERRORIST ATTACKS IN THE US, PRIOR TO 911
  34. OBSTRUCTION OF INVESTIGATION INTO THE ATTACKS OF SEPTEMBER 11, 2001
  35. ENDANGERING THE HEALTH OF 911 FIRST RESPONDERS

All the details behind each of these charges found here. Good luck to the Congressman, though I doubt seriously much will happen before Bush leaves office in early 2009. Some of these charges are a bit of a stretch, as far as being impeachable offenses, but if I had a vote, there are several that I would investigate further as they are apparent violations of the law, and of the President’s Oath to uphold the Constitution.

Photographers Are Not a threat

Architectural Photography Forbidden
[Architectural Photography Forbidden – at Riverside Plaza aka The Daily News Building, built 1929]

One of these days, I’m organizing a Flickr meetup to take photos of the ‘forbidden ‘ buildings. Photographers are not terrorists.

Since 9/11, there has been an increasing war on photography. Photographers have been harrassed, questioned, detained, arrested or worse, and declared to be unwelcome. We’ve been repeatedly told to watch out for photographers, especially suspicious ones. Clearly any terrorist is going to first photograph his target, so vigilance is required.

Except that it’s nonsense. The 9/11 terrorists didn’t photograph anything. Nor did the London transport bombers, the Madrid subway bombers, or the liquid bombers arrested in 2006. Timothy McVeigh didn’t photograph the Oklahoma City Federal Building. The Unabomber didn’t photograph anything; neither did shoe-bomber Richard Reid. Photographs aren’t being found amongst the papers of Palestinian suicide bombers. The IRA wasn’t known for its photography. Even those manufactured terrorist plots that the US government likes to talk about — the Ft. Dix terrorists, the JFK airport bombers, the Miami 7, the Lackawanna 6 — no photography.

Given that real terrorists, and even wannabe terrorists, don’t seem to photograph anything, why is it such pervasive conventional wisdom that terrorists photograph their targets? Why are our fears so great that we have no choice but to be suspicious of any photographer?

[From Bruce Schneier: Are photographers really a threat? | Technology | The Guardian]

For instance, check out these Flickr groups –

flickr.com/groups/photography-is-legal/

flickr.com/groups/forbiddenchicago/

flickr.com/groups/photography_is_not_a_crime/

(see also here, here, here , here, for more news stories about this topic, if you have time to read). Irks me to no end.

Photography is not legal at Boeing either
[Photography is not legal at Boeing either – the guy on the left probably a Blackwater employee]

McCain to spy on Americans Secretly

Let there be light
[There could be a hidden microphone in this light fixture if John McCain has his way]

McCain flip-flops on whether civil liberties are important. Now he’s against them, just like his mentor, George Bush.

If elected president, Senator John McCain would reserve the right to run his own warrantless wiretapping program against Americans, based on the theory that the president’s wartime powers trump federal criminal statutes and court oversight, according to a statement released by his campaign Monday.

McCain’s new tack towards the Bush administration’s theory of executive power comes some 10 days after a McCain surrogate stated, incorrectly it seems, that the senator wanted hearings into telecom companies’ cooperation with President Bush’s warrantless wiretapping program, before he’d support giving those companies retroactive legal immunity.
As first reported by Threat Level, Chuck Fish, a full-time lawyer for the McCain campaign, also said McCain wanted stricter rules on how the nation’s telecoms work with U.S. spy agencies, and expected those companies to apologize for any lawbreaking before winning amnesty.

But Monday, McCain adviser Doug Holtz-Eakin, speaking for the campaign, disavowed those statements, and for the first time cast McCain’s views on warrantless wiretapping as identical to Bush’s.

[N]either the Administration nor the telecoms need apologize for actions that most people, except for the ACLU and the trial lawyers, understand were Constitutional and appropriate in the wake of the attacks on September 11, 2001. […]

We do not know what lies ahead in our nation’s fight against radical Islamic extremists, but John McCain will do everything he can to protect Americans from such threats, including asking the telecoms for appropriate assistance to collect intelligence against foreign threats to the United States as authorized by Article II of the Constitution.

The Article II citation is key, since it refers to President Bush’s longstanding arguments that the president has nearly unlimited powers during a time of war. The administration’s analysis went so far as to say the Fourth Amendment did not apply inside the United States in the fight against terrorism, in one legal opinion from 2001.

[From McCain: I’d Spy on Americans Secretly, Too | Threat Level from Wired.com]

Constitution, begone, says McCain, if it was good enough for Stalin, it’s good enough for Republicans.

Floating prison ships!!

Impeachment is too good a solution for these war crimes – George Bush needs to be arrested and tried at The Hague. Floating torture vessels? Horrible.

The United States is operating “floating prisons” to house those arrested in its war on terror, according to human rights lawyers, who claim there has been an attempt to conceal the numbers and whereabouts of detainees.

Details of ships where detainees have been held and sites allegedly being used in countries across the world have been compiled as the debate over detention without trial intensifies on both sides of the Atlantic. The US government was yesterday urged to list the names and whereabouts of all those detained.

Information about the operation of prison ships has emerged through a number of sources, including statements from the US military, the Council of Europe and related parliamentary bodies, and the testimonies of prisoners.

The analysis, due to be published this year by the human rights organisation Reprieve, also claims there have been more than 200 new cases of rendition since 2006, when President George Bush declared that the practice had stopped.

It is the use of ships to detain prisoners, however, that is raising fresh concern and demands for inquiries in Britain and the US.

According to research carried out by Reprieve, the US may have used as many as 17 ships as “floating prisons” since 2001. Detainees are interrogated aboard the vessels and then rendered to other, often undisclosed, locations, it is claimed.

Ships that are understood to have held prisoners include the USS Bataan and USS Peleliu. A further 15 ships are suspected of having operated around the British territory of Diego Garcia in the Indian Ocean, which has been used as a military base by the UK and the Americans.

Reprieve will raise particular concerns over the activities of the USS Ashland and the time it spent off Somalia in early 2007 conducting maritime security operations in an effort to capture al-Qaida terrorists.

At this time many people were abducted by Somali, Kenyan and Ethiopian forces in a systematic operation involving regular interrogations by individuals believed to be members of the FBI and CIA. Ultimately more than 100 individuals were “disappeared” to prisons in locations including Kenya, Somalia, Ethiopia, Djibouti and Guantánamo Bay.

[From US accused of holding terror suspects on prison ships | World news | The Guardian]

What part of “Rule of Law” don’t these thugs understand? Misleading Congress is an impeachable offense, lest we forget.

Continue reading “Floating prison ships!!”

Terrorism Theater

Here’s why I hate to fly, post 9/11. All of the counter-terrorism measures enacted at US airports are just prop-comic jokes – supremely unfunny ones to boot. Shoe bombs? Liquid explosives? Only on television or in James Bonds films, not practical in the real world. Restricting wine openers and cuticle scissors? Ridiculous. One can make a deadly weapon out of a myriad of devices, including a credit card or a photo id! Try bending a card you no longer need in half, that sucker quickly becomes a sharp, sharp blade. Confiscating bottles of liquid in huge garbage barrels? If the bottles of water are so dangerous, why are they kept in the crowded areas of airports for hours? Obviously nobody is really scared of these liquids, yet the TSA guards become rapidly belligerent if one attempts to notice this fact, or any other inane Terrorism Theater prop.

Does any of the Terrorism Theater Kabuki make us safer? Doubtful.

Had Enough for a Long Time

Patrick Smith (a commercial pilot) explores the topic in detail:

But of all the contradictions and self-defeating measures T.S.A. has come up with, possibly none is more blatantly ludicrous than the policy decreeing that pilots and flight attendants undergo the same x-ray and metal detector screening as passengers. What makes it ludicrous is that tens of thousands of other airport workers, from baggage loaders and fuelers to cabin cleaners and maintenance personnel, are subject only to occasional random screenings when they come to work.

These are individuals with full access to aircraft, inside and out. Some are airline employees, though a high percentage are contract staff belonging to outside companies. The fact that crew members, many of whom are former military fliers, and all of whom endured rigorous background checks prior to being hired, are required to take out their laptops and surrender their hobby knives, while a caterer or cabin cleaner sidesteps the entire process and walks onto a plane unimpeded, nullifies almost everything our T.S.A. minders have said and done since September 11th, 2001. If there is a more ringing let-me-get-this-straight scenario anywhere in the realm of airport security, I’d like to hear it.

I’m not suggesting that the rules be tightened for non-crew members so much as relaxed for all accredited workers. Which perhaps urges us to reconsider the entire purpose of airport security:

[Click to read more of The Airport Security Follies – Jet Lagged – Air Travel – Opinion – New York Times Blog]

I just drive, or don’t go at all, if at all possible.

The Spy Chief Lies

Isn’t misleading Congress an impeachable offense? Just wondering.

Helios 3294

From the Sunday NYT we read, and laughed:

The Spy Chief Speaks – New York Times:
After Sept. 11, 2001, Mr. Bush ordered the National Security Agency to intercept communications between people in the United States and people abroad without a warrant. That is a violation of the 1978 Foreign Intelligence Surveillance Act, known as FISA.

Now we know the law was broken thousands of times. In 100 or so cases, the unlawfully intercepted calls led agents to believe that the person in the United States was a bad actor (Mr. McConnell implied, sort of, that they were terrorists), and the government’s lawyers obtained a warrant. We are still looking for that loophole in the Fourth Amendment.

Mr. McConnell told The El Paso Times that it was necessary to rush through major changes to FISA before Congress went on vacation because warrants require pesky paperwork — 200 hours’ worth each.

Really? The government applied for 2,181 FISA warrants in 2006, which the blog Threat Level translated to 436,200 hours. Figuring a 40-hour workweek with two weeks off, that’s more than 218 top-secret-cleared officials doing nothing all year but writing out FISA applications.

Mr. McConnell said telephone companies turned over call data to the National Security Agency without a court order, which may be illegal. He revealed this while praising Congress for giving the telecoms immunity from lawsuits or criminal sanctions if they continue doing that. Now, he said, Congress should absolve the companies retroactively. That would be a nice twofer: protect a deep-pockets industry that may have broken the law, and cut off judicial scrutiny of Mr. Bush’s decision to ignore FISA in the first place.

Other parts of Mr. McConnell’s interview were bewildering, like his claim that debating wiretapping in Congress will cause American deaths. It was odd that he spoke at all about matters the intelligence community still considers classified. But there was a secret Mr. McConnell was determined to keep. He was asked why the White House bitterly fought reasonable Congressional proposals to give spies a bit more needed flexibility to use modern technology. Mr. McConnell said there was “untenable” language in the bills and lawmakers refused to fix it. The White House then stampeded Congress into passing a bill it wanted, one that shredded FISA.

What was the language? Sorry, that’s classified.

So glad the Dem-controlled Congress rolled over for the President so readily. McConnell sounds like a real tool.

Land of Liberty

Ha. Thought crimes. We mentioned this a couple of weeks ago, but some new details emerge in Adam Liptak’s column. How ridiculous. Nearly as bad as banning 77 year old musician Ibrahim Ferrer from picking up his Grammy, because Ferrer was unfortunate enough to be born in Cuba.

For the record, I have never used any illegal substance, nor have I ever gone over the posted speed limit, nor even parked in an illegal spot for even one minute. I had my first drink at 21, and also had my first sexual experience as soon as I was legally able to do so (whatever the statutory age happened to be in Texas at time). I have never illegally downloaded MP3s, software, pornography, fonts, or posted articles in full (meaning I have never circumvented copyright in any manner). I never have removed the tags from mattresses, nor jumped the turnstile on a CTA train station. I could go on and on, but perhaps this is enough to turn up on a government computer the next time the border gaurd checks me out. I’m clean, officer! Oh, and I’ve never even thought of doing any of these things either.

The Nation’s Borders, Now Guarded by the Net – New York Times :
Andrew Feldmar, a Vancouver psychotherapist, was on his way to pick up a friend at the Seattle airport last summer when he ran into a little trouble at the border.

A guard typed Mr. Feldmar’s name into an Internet search engine, which revealed that he had written about using LSD in the 1960s in an interdisciplinary journal. Mr. Feldmar was turned back and is no longer welcome in the United States, where he has been active professionally and where both of his children live.

Mr. Feldmar, 66, has a distinguished résumé, no criminal record and a candid manner. Though he has not used illegal drugs since 1974, he says he has no regrets.

“It was an absolutely fascinating and life-altering experience for me,” he said last week of his experimentation with LSD and other psychedelic drugs. “The insights it provided have lasted for a lifetime. It allowed me to feel what it would be like to live without habits.”

Mr. Feldmar said he had been in the United States more than 100 times and always without incident since he last took an illegal drug. But that changed in August, thanks to the happenstance of an Internet search, conducted for unexplained reasons, at the Peace Arch border station in Blaine, Wash.

Continue reading “Land of Liberty”

Bush: No laws apply to me

The Dauphin claims all is kosher.

Bush: No laws can remain unbroken

Millions of phone records reportedly sold to NSA The Bush administration Thursday reacted defensively to news that the secretive National Security Agency, which conducts electronic eavesdropping, had obtained millions of domestic phone records

Oh, so now they paid for these records? I hope it was more than $1,000 per call, because that is the going rate

1. It violates the Stored Communications Act. The Stored Communications Act, Section 2703(c), provides exactly five exceptions that would permit a phone company to disclose to the government the list of calls to or from a subscriber: (i) a warrant; (ii) a court order; (iii) the customer’s consent; (iv) for telemarketing enforcement; or (v) by “administrative subpoena.” The first four clearly don’t apply. As for administrative subpoenas, where a government agency asks for records without court approval, there is a simple answer – the NSA has no administrative subpoena authority, and it is the NSA that reportedly got the phone records.

2. The penalty for violating the Stored Communications Act is $1000 per individual violation. Section 2707 of the Stored Communications Act gives a private right of action to any telephone customer “aggrieved by any violation.” If the phone company acted with a “knowing or intentional state of mind,” then the customer wins actual harm, attorney’s fees, and “in no case shall a person entitled to recover receive less than the sum of $1,000.”

(The phone companies might say they didn’t “know” they were violating the law. But USA Today reports that Qwest’s lawyers knew about the legal risks, which are bright and clear in the statute book.)

3. The Foreign Intelligence Surveillance Act doesn’t get the telcos off the hook. According to USA Today, the NSA did not go to the FISA court to get a court order. And Qwest is quoted as saying that the Attorney General would not certify that the request was lawful under FISA. So FISA provides no defense for the phone companies, either.

not to mention (from Glenn Greenwald, which you should definitely read if you haven’t already):

…Two additional points worth making: (1) One of the disturbing aspects of the NSA warrantless eavesdropping program was that it was seen by many intelligence professionals as a radical departure from the agency’s tradition of not turning its spying capabilities on the American public domestically. The program disclosed yesterday decimates that tradition by many magnitudes. This is a program where the NSA is collecting data on the exclusively domestic communications of Americans, communicating with one another, on U.S. soil — exactly what the NSA was supposed to never do.

(2) The legal and constitutional issues, especially at first glance and without doing research, reading cases, etc., are complicated and, in the first instance, difficult to assess, at least for me. That was also obviously true for Qwest’s lawyers, which is why they requested a court ruling and, when the administration refused, requested an advisory opinion from DoJ.

But not everyone is burdened by these difficulties. Magically, hordes of brilliant pro-Bush legal scholars have been able to determine instantaneously — as in, within hours of the program’s disclosure — that the program is completely legal and constitutional (just like so many of them were able confidently to opine within hours of the disclosure of the warrantless eavesdropping program that it, too, was perfectly legal and constitutional). Having said that, there are some generally pro-Bush bloggers expressing serious skepticism over the legality and/or advisability of this program.

Laws are for suckers is what The Dauphin is saying.

Eroded Civil Liberties

Truly scary story below. Soon after 9/11, I suspected I was on some list as every time I flew, I was pulled aside and given increased scrutiny. I never missed a flight, but still after 12 straight occurrences (6 flights), I started to worry. However, in my case, (knock on wood-related object), apparently, they cleared me off of the ‘suspect’ list, as I haven’t been searched for the last several flights.

Mr. Moore’s trouble sound a lot worse….
Bush's Brain
James Moore

The Blog | James Moore: Branded | The Huffington Post:

…This week last year I was preparing for a trip to Ohio to conduct interviews and research for a new book I was writing. My airline tickets had been purchased on line and the morning of departure I went to the Internet to print out my boarding pass. I got a message that said, “Not Allowed.” Several subsequent tries failed. Surely, I thought, it’s just a glitch within the airline’s servers or software.
I made it a point to arrive very early at the airport. My reservation was confirmed before I left home. I went to the electronic kiosk and punched in my confirmation number to print out my boarding pass and luggage tags. Another error message appeared, “Please see agent.”

I did. She took my Texas driver’s license and punched in the relevant information to her computer system.

“I’m sorry, sir,” she said. “There seems to be a problem. You’ve been placed on the No Fly Watch List.”

“Excuse me?”

“I’m afraid there isn’t much more that I can tell you,” she explained. “It’s just the list that’s maintained by TSA to check for people who might have terrorist connections.”

“You’re serious?”

“I’m afraid so, sir. Here’s an 800 number in Washington. You need to call them before I can clear you for the flight.”

Exasperated, I dialed the number from my cell, determined to clear up what I was sure was a clerical error. The woman who answered offered me no more information than the ticket agent.

“Mam, I’d like to know how I got on the No Fly Watch List.”

“I’m not really authorized to tell you that, sir,” she explained after taking down my social security and Texas driver’s license numbers.

“What can you tell me?”

“All I can tell you is that there is something in your background that in some way is similar to someone they are looking for.”

“Well, let me get this straight then,” I said. “Our government is looking for a guy who may have a mundane Anglo name, who pays tens of thousands of dollars every year in taxes, has never been arrested or even late on a credit card payment, is more uninteresting than a Tupperware party, and cries after the first two notes of the national anthem? We need to find this guy. He sounds dangerous to me.”

“I’m sorry, sir, I’ve already told you everything I can.”

“Oh, wait,” I said. “One last thing: this guy they are looking for? Did he write books critical of the Bush administration, too?”

I have been on the No Fly Watch List for a year. I will never be told the official reason. No one ever is. You cannot sue to get the information. Nothing I have done has moved me any closer to getting off the list. There were 35,000 Americans in that database last year. According to a European government that screens hundreds of thousands of American travelers every year, the list they have been given to work from has since grown to 80,000.

My friends tell me it is just more government incompetence. A tech buddy said there’s no one in government smart enough to write a search algorithm that will find actual terrorists, so they end up with authors of books criticizing the Bush White House. I have no idea what’s going on.

I suppose I should think of it as a minor sacrifice to help keep my country safe. Not being able to print out boarding passes in advance and having to get to the airport three hours early for every flight is hardly an imposition compared to what Americans are enduring in Iraq. I can force myself to get used to all that extra attention from the guy with the wand whenever I walk through the electronic arches. I’m just doing my patriotic duty.

Of course, there’s always the chance that the No Fly Watch List is one of many enemies lists maintained by the Bush White House. If that’s the case, I am happy to be on that list. I am in good company with people who expect more out of their president and their government.

Hell, maybe I’ll start thinking of it as an honor roll.

found via Tom Tomorrow
home of this great sticker:
Nixon V Bush - available at www.thismodernworld.com

The Wiretappers That Couldn’t Shoot Straight

This outrage always seemed manufactured to me as well, perhaps because I’ve been watching the superlative serial drama, the Wire, recently.

“The Wire – The Complete First and Second Seasons” (Daniel Attias, Alex Zakrzewski, Elodie Keene)

If drug dealers (albeit fictional) from the projects of Baltimore knew in 2002 that cell phone conversations could be monitored, how can President Bunnypants declare with a straight face that ‘security was comprised’ by revealing the extent of warrantless wiretaps?

The Wiretappers That Couldn’t Shoot Straight – New York Times:

ALMOST two weeks before The New York Times published its scoop about our government’s extralegal wiretapping, the cable network Showtime blew the whole top-secret shebang. In its mini-series “Sleeper Cell,” about Islamic fundamentalist terrorists in Los Angeles, the cell’s ringleader berates an underling for chatting about an impending operation during a phone conversation with an uncle in Egypt.

“We can only pray that the N.S.A. is not listening,” the leader yells at the miscreant, who is then stoned for his blabbing.
If fictional terrorists concocted by Hollywood can figure out that the National Security Agency is listening to their every call, guess what? Real-life terrorists know this, too. So when a hyperventilating President Bush rants that the exposure of his warrant-free wiretapping in a newspaper is shameful and puts “our citizens at risk” by revealing our espionage playbook, you have to wonder what he is really trying to hide.

Our enemies, as America has learned the hard way, are not morons. Even if Al Qaeda hasn’t seen “Sleeper Cell” because it refuses to spring for pay cable, it has surely assumed from the get-go that the White House would ignore legal restraints on eavesdropping, just as it has on detainee jurisprudence and torture.
That the White House’s over-the-top outrage about the Times scoop is a smokescreen contrived to cover up something else is only confirmed by Dick Cheney’s disingenuousness. In last week’s oration at a right-wing think tank, he defended warrant-free wiretapping by saying it could have prevented the 9/11 attacks. Really? Not with this administration in charge. On 9/10 the N.S.A. (lawfully) intercepted messages in Arabic saying, “The match is about to begin,” and, “Tomorrow is zero hour.” You know the rest. Like all the chatter our government picked up during the president’s excellent brush-clearing Crawford vacation of 2001, it was relegated to mañana; the N.S.A. didn’t rouse itself to translate those warnings until 9/12.

Given that the reporters on the Times story, James Risen and Eric Lichtblau, wrote that nearly a dozen current and former officials had served as their sources, there may be more leaks to come, and not just to The Times. Sooner or later we’ll find out what the White House is really so defensive about.

Continue reading “The Wiretappers That Couldn’t Shoot Straight”