Today the Hun School had its second annual Convocation to commence the year. As the current holder of the Distinguished Faculty Endowed Chair, it fell to me to present a speech. (I did this last year, too; you can find that speech online.) The text of this second speech can be found below the fold.
Tag: law
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The Mongrel Dogs in Transit Hell: Airline Insanity
I am currently in LAX International Airport. I’ve been here since 10:30 AM and it is currently 9:00 PM. If you knew my itinerary, you’d see that this is the time listed for boarding Continental Flight 1803, nonstop LAX to Newark/EWR. You can probably guess that I am not actually getting on that plane at this moment. You see, it’s raining in Houston.
Now, I am not in Houston. I am not going to Houston. As mentioned, my flight is nonstop and so is not stopping in Houston. Nonetheless, rain in Houston has added about half an hour to my departure time each hour since 4 PM.
(Aside: I’ve received no fewer than six email alerts warning me that the flight will be delayed — although I was also warned that I had to show up at the airport at the printed time, since the airline reserved the right to leave then after all. I’m not exactly what the point of the alerts are, to tell you the truth. I mean, if I can’t leave for the airport any later, than why do I need to know that the plane is going to be held? It’s some sort of weird Calvinist thing: I’m delayed if I do and delayed if I don’t. I can know my fate but I cannot do anything about it. [And if that’s not a true metaphor for a citizen in the hands of corporations, I don’t know what is.] )
Back to my delayed flight. Despite the frenzied pace of email alerts, actually very little information has been shared about why. Apparently, even though — as I said — my flight neither originates in, terminates in, or passes through Houston, I have been bolluxed by the remnants of the tropical storm Erin, which has delayed the plane I’ll be taking, which is for reasons unknown to anyone but God, flying out of Houston.
Now… The people of Houston have known, of course, that there’d be rain in Houston. The people at CNN and Weather Channel and every podunk news outlet in all the land knew that there’d be rain in Houston. Heck, I’ve just spent the past fifteen days at sea and even I knew that there would be rain in Houston. But somehow the airliines, with state of the art equipment and a literally million-dollar information infrastructure, somehow did not know that it would be raining in Houston.
More below the fold.
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The Mongrel Dogs at Sea (12): From Arizona to Missouri
Seven days ago I had the opportunity to relive the American experience in the Second World War in one morning. In reverse. As part of the Regal Princess‘ stop at the port of Honolulu, I took part in a tour of the memorials to the USS Arizona and USS Missouri. In case your command of WWII facts is rusty, the Arizona is a battleship sunk during the sneak attack on Pearl Harbor on 1941 December 7 – the date that will live in infamy. The Missouri is part of the American response to that act. It’s an Iowa class battleship, the largest ever built and the last in service. On the decks of the Missouri, on 1945 September 2, the Japanese government signed the papers surrendering to the United Nations. In between, tens of millions of people died – nearly half a million of them American.
For reasons having to do with long lines and scheduling, my tour group actually explored the Missouri memorial first. The Missouri Memorial is, in fact, the Missouri – all of BB 63, anchored and refit as a floating museum. It’s not exactly a WWII monument. During the half century between VJ Day and its decommissioning, the Missouri served as a flagship of the United States Navy. It saw action in Korea, in Viet Nam, and even in the (first) Gulf War. During this span it was modernized and upgraded: the seaplane replaced with helicopters; the machine guns replaced with gatling anti-air. A full complement of Tomahawk cruise missile launchers was installed. In case all of that should fail, though, the Mighty Mo’ kept her main armament, nine 16-inch cannon in three independent turrets.
For all of the intimidating bigness of the battleship, the most stirring part turned out to be the surrender documents. Both copies – American and Japanese – are displayed. I was struck by the contrast of grand and mundane. At one glance are all the grandiose phrases calling for the end of war and the dedication to new peace. But look a little closer and you see the mark of a very human moment, where the representative of Canada, in his nervousness, signed on the wrong line and necessitated a hurried penciled correction. MacArthur insisted that the proper titles be penciled in and each signatory initial next to his correct line. How bizarre – between them, these men had fought the most devastating war ever known, had overseen barbarities of a nature hard to contemplate, had rained down obliteration on entire cities and had sent thousands of men to their deaths to do it. Yet here they were, worried that somehow, a signature in the wrong place could render the document worthless and the exercise moot.
Yet that’s the way of it, isn’t it? Paper covers rock. We think it’s the things that matter, but somehow, it’s the pieces of paper that seem to actually change the course of history. World War I became World War I, in a sense, with the British treaty guaranteeing Belgian neutrality – dismissed as just a “scrap of paper” by the German High Command. World War II spread to the West and became a World War with the Allied treaty of defense with Poland, again dismissed as just words on a page. In both cases, the powers that derided the words went on to be humbled by them.
The Declaration of Independence. The Constitution of the United States. The Magna Carta and the Declaration of the Rights of Man. The Emancipation Proclamation. The Fourteen Points and the Atlantic Charter. Words on a page. Scraps of paper. But nothing more feared by tyrants, more despised by despots. It’s no accident that the Soviet Union registered all typewriters and made private possession of a mimeograph a felony offense.
And here, under glass, on the gently rolling deck of the mightiest warship ever constructed, was a piece of paper that had ended a war because it said so. The history of the war was written in the blood of its combatants – but it was ended through ink. The document contains little in the way of soaring oratory or grand pronouncements. It is a legal thing, a dry thing, a weary thing yet resplendent. That piece of paper recognized a changed reality and so enabled it.
Scraps of paper.
Word on a page.
Paper covers rock.
May it always be so.
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The Mongrel Dogs at Sea: Constitutional Cowardice
Einstein once said, “Insanity is doing the same thing over and over again and expecting different results”. Were he still living, he might well amend that to be the definition of “Democrat”. Although, truthfully, there seems to be less and less difference between being a Democrat and being insane. And I say that as a lifelong member of the party!
Jumping at the President’s command, the Democrats passed modifications to the Foreign Intelligence Services Act (FISA). In this latest craven capitulation, the Democrats agreed to give the executive the power to spy without warrants, subject only to “guidelines” issued by – believe it or not! – the US Attorney General. This, after eight months of hearings have uncovered crippling incompetencies and indeed outright political corrosion within the Department of Justice. My God, even his own party believes the Attorney General should resign! Yet somehow this creature of the President, who cannot seem to muster a single truthful answer to the most innocuous question – this lapdog now will be the guarantor of our civil liberties.
More below the fold.
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Speculation on why Gonzales lied
It’s pretty clear that there’s only one reason why Alberto “Fredo” Gonzales didn’t commit perjury: Because GOP senators arranged for his March testimony to not be under oath, and an oath is required for perjury. It’s equally as clear that he lied to Congress, and he should suffer for it. But it demands we consider: Why are the AG and POTUS so concerned about the fact of dissension within DoJ about their program? It can’t be to avoid the appearance of illegality, because the President has admitted to committing repeated felonies since 9/11, in his flagrant disregard of FISA; and apparently that wasn’t enough to trigger DoJ concerns.
What had they been doing, that is so beyond the pale that the acting AG, the actual AG, the director of the FBI, and virtually the entire upper staff at DoJ were willing to resign en masse rather than stomach? This can’t be anything as prosaic as violating FISA or even just simple data mining. What was this Administration doing, that even four years later, they are so terrified of becoming public that the Attorney General is willing to debase, embarrass, and all but perjure himself?
I don’t know (sorry) but I have a pretty strong suspicion. Other than a good juicy sex scandal (and I don’t believe that’s at the heart of this, though you can never rule it out), there is only one thing that is so terrible, so unthinkable, that the merest hint it had happened could in fact rouse the notoriously soporific American public. I think that if the fact ever do come out — and, if the next Administration is a Democratic one, the facts will come out — I will be proved right by history.
Here’s my speculation:
These thugs were using the NSA to spy on Americans for the express purpose of steering the Presidential election to George W. Bush.It’s possible that this man has stolen not one election, but two. And I still have faith in America: The truth will out, and the wicked will suffer. It’s just a matter of time.
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Another criminal escapes justice on a technicality
Interestingly, that’s not how the right-wing noise machine is approaching this story, about how some of the indictments against Tom DeLay have been thrown out. You’d think that people who have spent literally four decades decrying “judicial activism” and unjust outcomes of people “clearly” guilty, would be a-twitter that a judge and then an appeals court threw out the indictments on a technical point.
In fact, however, people at, say, the National Review think this post-facto justifies Mr. DeLay and makes it almost criminal that he was forced to step down as House Majority Leader. We should all cry for Mr. DeLay, apparently. Except of course — as even the more-friendly Houston Chronicle article is forced to admit — Mr. DeLay still faces charges of laundering money and of committing conspiracy to launder money. Those were crimes at the time (Illegal to launder money? Who knew?) — and he may still face trial on them.
The guys at the National Review take this as evidence that “the charges seem to be falling apart”, but that seems a tad over-optimistic based on the articles I’ve seen. The dismissal came because the crime Mr. DeLay was alleged to have committed didn’t come into force until 2003, whereas his disreputable actions happened in 2002 and before. It seems the courts had little choice on this one — though I’d love to know what prosecutor Ron Erle had in mind when he pressed the charges in the first place. I doubt this is as open-and-shut as it seems. All that notwithstanding, the other charges are not hobbled by the same calendar problem. Money laundering and conspiracy have been on the books as crimes for quite some time now.
Though the Review article would have you believe that the dismissals taint the other indictments, in fact, the only reason that Mr. DeLay has not faced trial yet is that the presiding judge opted to wait until the appeal of indictments was complete.
Has “the Hammer” been vindicated? Hardly.