April 2012 archive

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 9 is the 99th day of the year (100th in leap years) in the Gregorian calendar. There are 266 days remaining until the end of the year.

On this day in 1865, Confederate General Robert E. Lee surrendered his Army of Northern Virginia at the McLean House in the village of Appomattox Court House. In an untraditional gesture and as a sign of Grant’s respect and anticipation of peacefully restoring Confederate states to the Union, Lee was permitted to keep his sword and his horse, Traveller.

At Appomattox, Virginia, Confederate General Robert E. Lee surrenders his 28,000 troops to Union General Ulysses S. Grant, effectively ending the American Civil War. Forced to abandon the Confederate capital of Richmond, blocked from joining the surviving Confederate force in North Carolina, and harassed constantly by Union cavalry, Lee had no other option.

In retreating from the Union army’s Appomattox Campaign, the Army of Northern Virginia had stumbled through the Virginia countryside stripped of food and supplies. At one point, Union cavalry forces under General Philip Sheridan had actually outrun Lee’s army, blocking their retreat and taking 6,000 prisoners at Sayler’s Creek. Desertions were mounting daily, and by April 8 the Confederates were surrounded with no possibility of escape. On April 9, Lee sent a message to Grant announcing his willingness to surrender. The two generals met in the parlor of the Wilmer McLean home at one o’clock in the afternoon.

Lee and Grant, both holding the highest rank in their respective armies, had known each other slightly during the Mexican War and exchanged awkward personal inquiries. Characteristically, Grant arrived in his muddy field uniform while Lee had turned out in full dress attire, complete with sash and sword. Lee asked for the terms, and Grant hurriedly wrote them out. All officers and men were to be pardoned, and they would be sent home with their private property–most important, the horses, which could be used for a late spring planting. Officers would keep their side arms, and Lee’s starving men would be given Union rations.

Shushing a band that had begun to play in celebration, General Grant told his officers, “The war is over. The Rebels are our countrymen again.” Although scattered resistance continued for several weeks, for all practical purposes the Civil War had come to an end

President Barack Obama took this oath on January 20, 2009 as prescribed by the US Constitution, Article II, Section 1:

I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.

That includes a legal obligation to enforce the laws of this country and prosecuting the criminals who break those laws, even if that criminal is another President.

Rachel Maddow tiptoed around a bit when she that Bush-era torture was “probably a war crime,” while discussing the recently released memo by Philip Zelikow, a former Bush counselor. I suspect she did so as to not find herself on the unemployment line.

Rachel Maddow relays the news that the original Philip Zelikow memo advising the Bush administration that waterboarding is torture and such, illegal, has been found despite Bush administration efforts to destroy every copy. Will new proof that the Bush administration did not act in good faith when it tortured detainees push the Obama administration to prosecute? Will the Republican Party, once principled against torture, outflank Obama and call for prosecutions?

It was probably a war crime, not to put a fine point on it. And that is something we are legally obligated to prosecute in this country. This opens the whole question of legal liability for torture that was administered by the previous administration. The Democratic Party will be split by this, because the White House politically doesn’t want to deal with this, even if it’s wrong and even if they know it’s wrong. And the Republican Party still has to figure out who it is. Is the Republican Party still the party of John McCain, which now has the opportunity to outflank the president on a matter of principle here? Where the Whit house knows what the right thing to do is, but they don’t want do it. Or is the Republican Party still the party of George W. Bush and Mitt Romney who think torture is OK?

Gaius Publius at AMERICAblog  doesn’t think this is going away. He also wonders why the Obama administration didn’t pursue it and links to an article written by Andrew Kreig, executive director of Justice Integrity Project, on September 13, 2011:

President-Elect Obama’s advisers feared in 2008 that authorities would “revolt” and that Republicans would block his policy agenda if he prosecuted Bush-era war crimes, according to a law school dean who served as one of Obama’s top transition advisers.

University of California at Berkeley Law School Dean Christopher Edley, Jr., the sixth highest-ranking member of the 2008 post-election transition team preparing Obama’s administration, revealed the team’s thinking in moderating a forum on 9/11 held by his law school (also known as Boalt Hall)[..]

When a citizen, Susan Harmon, who opposed torture, questioned Dean Ederly on the inclusion of Professor John C. Yoo, former Bush Justice Department attorney who authored a memo justifying torture, to Boalt Hall’s faculty, this is what happened:

Harman’s account of her actions at the Boalt Hall forum, which focused on such goals as human rights and the rule of law:

“I said I was overwhelmed by the surreality of Yoo being on the law faculty . . . when he was single-handedly responsible for the three worst policies of the Bush Administration. They all burbled about academic freedom and the McCarthy era, and said it isn’t their job to prosecute him.

Duh.

Dean Chris Edley volunteered that he’d been party to very high level discussions during Obama’s transition about prosecuting the criminals. He said they decided against it. I asked why. Two reasons: 1) it was thought that the CIA, NSA, and military would revolt, and 2) it was thought the Repugnants would retaliate by blocking every piece of legislation they tried to move (which, of course, they’ve done anyhow).”

Harman says that she approached Edley privately after the forum closed and said she appreciated that Obama might have been in danger but felt that he “bent over backwards” to protect lawbreakers within the Bush administration. She recalled, “He shrugged and said they will never be prosecuted, and that sometimes politics trumps rule of law.”

The last I checked waterboarding was still considered torture and torture was still a crime. Obama could well become a target for impeachment proceedings should the Democrats lose control of the Senate and more seats in the House. So long as the Obama administration refuses to prosecute former Bush administration officials, as well as, Bush and Cheney, they themselves are complicit in war crimes as per established laws and treaties of this country and the oaths that they took to uphold those laws and the Constitution.  

Last time we discussed lean finely textured beef, commonly referred to as pink slime.  Tonight we shall finish this short series by discussing two other forms of recovered meat.

Mechanically separated meat is derived from a process that dates back to around forty or a few more years.  A newer process is called advanced meat recovery and has certain advantages over the older processes for some applications, but the older process is still used in others.

These products are in LOTS of prepared foods and interestingly are subject to a higher degree of regulation than lean finely textured beef, at least for beef products.  Please join for the discussion to follow.

Burning the Midnight Oil for Living Energy Independence

As I mentioned in last week’s Sunday Train, the California HSR Authority came out with a revised draft Business Plan.

And why do you revise a draft Business Plan? Because some people suggested some modifications to your previous draft Business Plan might be in order … for instance, if there’s a possibility that you cannot get bonds authorized to start work on the part of the corridor where the Federal Government has already put some funding on the table.

The new, revised, draft Business Plan seems to mark the final passing of the baton from the Judge Kopp absolutist vision of the what an HSR “simply has to be” to the more grounded, realistic vision of Governor Brown …

… and in the process of dragging the HSR Authority back into touch with reality, it is quite possible that Governor Brown has saved the California HSR project.

There are two qualifiers here. The first is that without an account of someone privy to the details of the Governor’s intervention, we won’t know what changes were things the California HSR was on track to doing anyway, and what changes were pushed upon them. But even there, what “the HSR Authority wanted to do” was likely heavily influenced by the changing of the guard from Schwarzenegger appointees to Brown appointees at the Authority.

The second is that getting to work is not yet a done deal. Supporters of the project ~ whether ongoing supporters or those won over by the newly revised plan ~ still need to work to help see the project through to construction of the first construction segment.

The devil is in the details, so we go chasing the devil below the fold.

Thanks to five out of nine Supreme Court justices at the urging of the Obama administration that’s what 14 million Americans a year can expect to hear when they get arrested and sent to jail.  That includes several hundred thousand people per year arrested for minor infractions, everything from having unpaid traffic tickets to, oh, what is it that protesters get charged with… disorderly conduct, public nuisance or irritating an idiot that has mistakenly been issued a badge, a gun and a can of mace.

Supreme court justices allow for routine strip-searches of inmates in US jails

By a 5-4 vote and splitting along conservative-liberal ideological lines, the high court ruled that privacy rights involving the searches were outweighed by security concerns by jails about a suspect hiding drugs, weapons or other contraband.

The decision could have broad impact as nearly 14 million Americans spend time in jail or prison every year, including an estimated 700,000 people in jail for less serious misdemeanor offenses.

The justices upheld a ruling by a US appeals court based in Philadelphia that it was reasonable to search everyone entering a jail, even without suspicion of any criminal activity.

The decision was a victory for the jails and for the Obama administration, which argued for an across-the-board rule allowing strip-searches of all those entering the general jail population, even those arrested on minor offenses.

In Justice Breyer’s dissent in Florence vs Board of Chosen Freeholders he makes clear just what sort of searches that the Supreme Court at the urging of the Obama administration has given a blanket imprimatur to:

‘a visual inspection of the inmate’s naked body. This should include the inmate opening his mouth and moving his tongue up and down and from side to side, removing any dentures, running his hands through his hair, allowing his ears to be visually examined, lifting his arms to expose his arm pits, lifting his feet to examine the sole, spreading and/or lifting his testicles to expose the area behind them and bending over and/or spreading the cheeks of his buttocks to expose his anus. For females, the procedures are similar except females must in addition, squat to expose the vagina.’

Now for a little irreligious relevance. I’m here for the chocolate and Peeps.

Between you and me, in any decent universe, this guy would have been out on his all powerful ass a long time ago. By the way, I say “guy” because I firmly believe. looking at these results, that if there is a god it has to be a man, no woman could, or would, ever fuck things up this bad. ~ George Carlin

This is your morning Open Thread. Pour your favorite beverage and review the past and comment on the future.

Find the past “On This Day in History” here.

April 8 is the 98th day of the year (99th in leap years) in the Gregorian calendar. There are 267 days remaining until the end of the year.

On this day in 1974, Hank Aaron of the Atlanta Braves hits his 715th career home run, breaking Babe Ruth’s legendary record of 714 homers. A crowd of 53,775 people, the largest in the history of Atlanta-Fulton County Stadium, was with Aaron that night to cheer when he hit a 4th inning pitch off the Los Angeles Dodgers’ Al Downing. However, as Aaron was an African American who had received death threats and racist hate mail during his pursuit of one of baseball’s most distinguished records, the achievement was bittersweet.

Breaking Ruth’s record

Although Aaron himself downplayed the “chase” to surpass Babe Ruth, baseball enthusiasts and the national media grew increasingly excited as he closed in on the home run record. During the summer of 1973 Aaron received thousands of letters every week; the Braves ended up hiring a secretary to help him sort through it.

At the age of 39, Aaron hit 40 home runs in 392 at-bats, ending the season one home run short of the record. He hit home run number 713 on September 29, 1973, and with one day remaining in the season, many expected him to tie the record. But in his final game that year, playing against the Houston Astros (led by manager Leo Durocher, who had once roomed with Babe Ruth), he was unable to achieve this. After the game, Aaron stated that his only fear was that he might not live to see the 1974 season.

Over the winter, Aaron was the recipient of death threats and a large assortment of hate mail from people who did not want to see a black man break Ruth’s nearly sacrosanct home run record. The threats extended to those providing positive press coverage of Aaron. Lewis Grizzard, then editor of the Atlanta Journal, reported receiving numerous phone calls calling them “nigger lovers” for covering Aaron’s chase. While preparing the massive coverage of the home run record, he quietly had an obituary written, scared that Aaron might be murdered.

Sports Illustrated pointedly summarized the racist vitriol that Aaron was forced to endure:

   “Is this to be the year in which Aaron, at the age of thirty-nine, takes a moon walk above one of the most hallowed individual records in American sport…? Or will it be remembered as the season in which Aaron, the most dignified of athletes, was besieged with hate mail and trapped by the cobwebs and goblins that lurk in baseball’s attic?”

Aaron received an outpouring of public support in response to the bigotry. Newspaper cartoonist Charles Schulz satirized the anti-Aaron camp in a series of Peanuts strips printed in August 1973, in which Snoopy attempts to break the Ruth record, only to be besieged with hate mail. (As Lucy puts it in the August 11 strip, “Hank Aaron is a great player…but you! If you break Babe Ruth’s record, it’ll be a disgrace!”) Babe Ruth’s widow, Claire Hodgson, even denounced the racism and declared that her husband would have enthusiastically cheered Aaron’s attempt at the record. Ruth, who was unprejudiced, had himself been subjected to racial taunts during his youth, by those who fancied that he had Negroid features.

As the 1974 season began, Aaron’s pursuit of the record caused a small controversy. The Braves opened the season on the road in Cincinnati with a three-game series against the Cincinnati Reds. Braves management wanted him to break the record in Atlanta, and were therefore going to have Aaron sit out the first three games of the season. But Baseball Commissioner Bowie Kuhn ruled that he had to play two games in the first series. He played two out of three, tying Babe Ruth’s record in his very first at bat off Reds pitcher Jack Billingham, but did not hit another home run in the series.

The team returned to Atlanta, and on April 8, 1974, a crowd of 53,775 people showed up for the game-a Braves attendance record. In the fourth inning, Aaron hit career home run number 715 off Los Angeles Dodgers pitcher Al Downing. Although Dodgers outfielder Bill Buckner nearly went over the outfield wall trying to catch it, the ball landed in the Braves’ bullpen, where relief pitcher Tom House caught it. While cannons were fired in celebration, two white college students, Cliff Courtney and Britt Gaston, sprinted onto the field and jogged alongside Aaron for part of his circuit around the bases, temporarily startling him. As the fans cheered wildly, Aaron’s parents ran onto the field as well.

Dodgers broadcaster Vin Scully addressed the racial tension – or apparent lack thereof – in his call of the home run:

   “What a marvelous moment for baseball; what a marvelous moment for Atlanta and the state of Georgia; what a marvelous moment for the country and the world. A black man is getting a standing ovation in the Deep South for breaking a record of an all-time baseball idol. And it is a great moment for all of us, and particularly for Henry Aaron. … And for the first time in a long time, that poker face in Aaron shows the tremendous strain and relief of what it must have been like to live with for the past several months.”

A few months later, on October 5, 1974, Aaron hit his 733rd and final home run as a Brave, which stood as the National League’s home run record until it was broken in 2007. Thirty days later, the Braves traded Aaron to the Milwaukee Brewers for Roger Alexander and Dave May. On May 1, 1975, Aaron broke baseball’s all-time RBI record, previously held by Ruth with 2,217. That year, he also made the last of his 21 record-tying (with Musial and Mays) All-Star appearances; he lined out to Dave Concepcion as a pinch-hitter in the second inning. This All-Star game, like his first in 1955, was before a home crowd at Milwaukee County Stadium.

On July 20, 1976, Hank Aaron hit his 755th and final home run at Milwaukee County Stadium off Dick Drago of the California Angels.

“Punting the Pundits” is an Open Thread. It is a selection of editorials and opinions from around the news medium and the internet blogs. The intent is to provide a forum for your reactions and opinions, not just to the opinions presented, but to what ever you find important.

Thanks to ek hornbeck, click on the link and you can access all the past “Punting the Pundits”.

The Sunday Talking Heads:

Up with Chris Hayes: Get Up with Chris and his guests Jonathan Alter (@jonathanalter), MSNBC contributor and Bloomberg View columnist; Richard Kim (@richardkimnyc), executive editor at TheNation.com; Michelle Goldberg (@michelleinbklyn), senior contributing writer at Newsweek/Daily Beast; Esther Armah (@estherarmah), host of WBAI-FM’s “Wake Up Call”; and Nan Aron (@nanaron), president of Alliance for Justice.

The Melissa Harris-Perry Show:

This Week with George Stephanopolis: Coming up on “This Week”, substitute host Jake Tapper interviews evangelical pastor Rick Warren and Warren’s wife, Kay Warren.

The roundtable debates all the week’s politics, with ABC News’ George Will, Yahoo News Washington bureau chief David Chalian, author and Georgetown University professor Michael Eric Dyson, Thomson Reuters Digital editor Chrystia Freeland, and Wall Street Journal columnist Peggy Noonan.

Face the Nation with Bob Schieffer: Mr. Schieffer’s guest is Cardinal Timothy Dolan, Archbishop of New York.

Richard Land of the Southern Baptist Convention, Rabbi David Wolpe, of Sinai Temple in Los Angeles, Rev. Luis Cortes of Esperanza USA, plus the Washington Post‘s Sally Quinn and Andrew Sullivan of Newsweek and The Dish talk about religion and politics in America

The Chris Matthews Show: This week’s guests are Dan Rather, HDNet Global Correspondent; Pete Williams, NBC News Justice Correspondent; Nia-Malika Henderson, The Washington Post National Political Reporter; and Kathleen Parker, The Washington Post Columnist

Meet the Press with David Gregory: Todays’ guests are the Senator from President Obama’s home state, Assistant Majority Leader Dick Durbin (D-IL) and Governor of the 2012 swing state, Ohio, John Kasich (R).

For a special Easter Sunday roundtable the guests are Archbishop-designate of Baltimore William Lori; daughter of Billy Graham, Anne Graham Lotz; United Methodist Pastor Rep. Emanuel Cleaver (D-MO); member of the Church of Jesus Christ of Latter-day Saints, Rep. Raul Labrador (R-ID); and Executive Editor at Random House, as well as author of “American Gospel: God, the Founding Fathers, and the Making of a Nation,” Jon Meacham.

State of the Union with Candy Crowley: Ms Crowley’s guests are DNC Chair Rep. Debbie Wasserman Schultz (D-FL); pollsters Mark Penn and Linda DiVall; Former Solicitor general Ken Starr and Former Acting Solicitor General Neal Katyal; Ralph Reed, founder and Chairman of the Faith and Freedom Coalition, Chair of the Congressional Black Caucus Rep. Emanuel Cleaver (D-MO), a United Methodist Church pastor, and David Brody, Chief Political Correspondent for the Christian Broadcasting Network

US defines opening move in new talks with Iran

Diplomats: Allies will seek dismantling of new nuclear facility deep in mountain  　　

By DAVID E. SANGER and STEVEN ERLANGER  

The Obama administration and its European allies plan to open new negotiations with Iran by demanding the immediate closing and ultimate dismantling of a recently completed nuclear facility deep under a mountain, according to American and European diplomats.

They are also calling for a halt in the production of uranium fuel that is considered just a few steps from bomb grade, and the shipment of existing stockpiles of that fuel out of the country, the diplomats said.