Category: Propaganda

It shocks his conscience (that he might not get more donations).

With the news that FCC Chairman Kevin Martin would support the proposed Sirius-XM merger after achieving “voluntary” “concessions”, a merger (without the extorted concessions) I’ve loooooooong supported, I should’ve known some further rent-seeking would interfere. It’s just too obvious for politicians to bypass the blood in the water when the companies are willing to cut themselves. And so it was yesterday:

Senior members of the Congressional Black Caucus yesterday criticized a compromise plan for the proposed merger of the XM and Sirius satellite radio companies, saying the deal does not provide enough opportunities for minority-owned programming.

The companies already agreed to lease 4% of their channels. Central planning now should surprise no one since the FCC created this mess by stipulating from the beginning that exactly two companies would be involved in the satellite radio business. Hubris is a bizarre flaw inherent in central planners. Still, this new extortion extension of the sleaze is amazing. I can think of no recent examples quite as bold and shameless.

[North Carolina Democrat Rep. G.K.] Butterfield said he got the idea for the 20 percent set-aside for minority-owned companies from Georgetown Partners, a minority-run private-equity firm based in Bethesda, and its managing director, Chester Davenport.

The firm, which has invested in wireless and media companies, objected last year to the merger, arguing that a monopoly could limit opportunities for minority programming.

Georgetown Partners isn’t claiming that it expects to receive that 20 percent. (Nor does it suggest terms that will inevitably be dictated rather than negotiated.) And I’m sure its political donations to certain Democratic congressmen is entirely coincidental.

Delving further into the role of mafioso as public servant, this:

“It’s shocking to the conscience in this day and age, where “the minority populations” comprise a significant part of the satellite radio audience, that Mr. Martin would settle for what I deem to be crumbs that have fallen off the table,” [Maryland Democrat Rep. Elijah] Cummings said. “We can do much better. I am hoping that this can be revisited.”

If “the minority populations” are listening, it’s incomprehensible to think that Sirius and XM are not already serving this market in a manner that the market deems acceptable enough to pay $13-plus-taxes each month. It’s also incomprehensible to imagine that “the minority population” does not already own a portion of the satellite radio market. I am neither a minority nor a woman, but I imagine that many individuals who qualify for one or both of those distinctions own stock in Sirius and/or XM, just as I do. Amazing as it is, no one is restricted from being financially involved. With Sirius’ stock price, each 100-share block is under $300. The Free Money Congress is mailing could buy nearly 250 shares.

As I suggested above, it’s also possible for anyone, minority or not, to approach Sirius and/or XM about creating programming aimed at segments of the market. I’m speculating, but I doubt executives at either company would refuse to consider such new ideas. Not that they’re actually new.

This is just another example of the inevitable embrace of ego, greed, and power become the only reason for regulation. Protecting consumers is the ruse. Whether regulatory actions benefit consumers is irrelevant to the regulators. Cummings demonstrates this with his contradiction that “the minority populations” demand minority-owned channels, even though they’re already listening to satellite radio and have yet to advocate for divesting of some assets to (other) minority-owned companies at shareholder meetings.

There is a slippery slope on the other side of the hill.

Andrew Sullivan nominates this Douglas Kmiec editorial for his Malkin Award, which is given “for shrill, hyperbolic, divisive and intemperate right-wing rhetoric.” (see here) Mr. Sullivan quotes this:

“In a depopulating world, the claim that there is a universal right to marry regardless of gender becomes a frightening ally of a claimed universal right to access to genetically engineered children.”

Strangely, there is nothing to build to that anywhere in the essay. Nor does Kmiec word the next sentence – his concluding sentence – correctly to argue for what he wants. Perhaps it’s not an intentional “mistake”. Judge for yourself:

People should reject this claim by returning traditional marriage to its rightful place.

No one is removing traditional marriage from its allegedly rightful place. To achieve accuracy, though, the proper assessment is to request that people reject this (again, unsupported) claim by returning marriage to its traditional place. The use of “traditional” still assumes a history of marriage that is not based in facts, but it would get to the debate a smidge better.

The rest of the essay is a rather ridiculous example of the form, which is surprising since it comes from an attorney. Has Kmiec never studied the concept of rights independent of the majority? He doesn’t give any basis for rejecting that concept other than to make a feeble bow at the altar of mob rule. That’s not enough. For example:

Voting to overturn the court’s ruling should not be misunderstood. Gay and lesbian individuals are within the humanity acknowledged to be created equal and worthy of respect in the Declaration of Independence, but that responsible reaffirmation of equality of citizenship does not deprive the community of making a necessary and reasoned distinction for its own survival.

The community, apparently defined as America, will not survive if we grant equal rights to all citizens. “You’re equal, don’t get me wrong, but you understand that we don’t want to die out, right? It’s not personal?” It gets more pathetic, though:

Beyond correcting the court’s disregard of the separation of powers, insisting upon preserving the link between marriage and procreation: 1) promotes the orderly continuation of the species; 2) avoids the uncertainties of single-gender effects on children (most parents readily recognize the distinctive contributions of male and female in child rearing); and 3) takes respectful account of the difficulties of accommodating religious freedom that arise subsequent to the legal acceptance of same-sex marriage. Oddly, and incompletely, the California Supreme Court managed to ignore these important issues in its 170-plus page opinion.

People will not stop having children because gays and lesbians can marry. If you decide that two gay men marrying means you no longer wish to have children, you’re mistaking cause and effect because you’re an idiot. You retain your choice. If you make the choice not to have children, it’s still your choice, one that is not forced upon you.

If you wish to avoid uncertainty, do not have children. Children change the lives of their parents in unpredictable ways.

There is no difficulty in accommodating religious freedom that arises from the legal acceptance of same-sex civil marriage. That’s all that’s under discussion. An attorney should understand that, so Kmiec is either ignorant or shameless.

For good measure, Kmiec throws this out:

When carefully assessed, the acquisition of unnatural reproductive means often advances the interests of the very affluent through a libertarian exercise that would threaten all hope of democratic equality.

First, our Constitution is not based on democratic equality. Those two words do not complement, they compete. We get one or the other as a default. If we get the latter from the former, it’s a happy accident. I’m not inclined to organize the state around praying for happy accidents.

Second, is a married couple using a surrogate to carry an embryo created from the couple unnatural? What if they raise the child in Kmiec’s Catholicism?

Kmiec wants to run from the non-looming end-of-the-human-race slippery slope he fears. In doing so, he sets himself on the non-looming forced-child-rearing slippery slope. That’s better?

I’m not sure “medical evacuees” is on the approved list of phrases.

I groaned when I read the subtitle to this article on wounded soldiers returning to the United States through Andrews Air Force base.

At Andrews Air Force Base, medical evacuees from the wars in Iraq and Afghanistan make their first stop in the homeland.

Can we please reject adopting this nationalistic nonsense? When we accept it, we hinder our ability to fight the next, inevitable wave of nationalistic nonsense. I know our government thinks it’s wonderful, but that does not mean it is, in fact, wonderful. It’s not. It’s designed to make Us&#153 hate Them&#153, which makes Us&#153 much more pliable to the hysterical whims of ignorant politicians who are only smart enough to understand that they can change the definition of Them&#153 without significant feedback on the truth or implications of such othering.

Returning with a bit of this and a bit of that.

My schedule’s been a bit chaotic over the last two weeks. It’s too late to start any in depth blogging tonight, so instead, here are a few quick recaps of the news items I’ve logged as interesting over the last week or so.

**********

First, I know nothing of the legal argument involved in the recent case of Major League Baseball and “its” statistics. I don’t doubt that the Supreme Court was correct to reject the case because there’s just no property right there to describing what happens during a game. The recap from a specific service provided would easily meet a licensing requirement, but I’m not paying a fee for saying that Chase Utley has a home run in five straight games or that he was 3-4 with a homer and two singles last night.

That said, anything that gives Commissioner Bud Selig a figurative black eye is good. He had “good enough”, which was more than the owners could legitimately claim. Yet they let greed at the expense of fans interfere with basic long-term business sense. Again. More than any other sport, statistics dominate baseball. Let fans have that and they’ll continue to demonstrate their love for the game by buying tickets and jerseys and the $200 television package. This is not complicated.

**********

I haven’t paid enough attention to the FLDS case in Texas to remark on the judge’s ruling that the State must return the children to their parents. However, this is not proof for those libertarians who believe that the state has no role in parent-child relationships. An anecdote makes a strained theory, at best. Many libertarians have made convincing arguments that the state has a legitimate role in the parent-child relationship, principally in protecting the rights of the child.

**********

Sebastian Mallaby misses on “pro-growth”:

… Given the yawning budget deficit and the coming demographic crunch, tax cuts aren’t affordable anyway.

The same goes for deregulation. Getting the nanny government out of trucking and airlines yielded huge benefits in the 1970s and 1980s. But the “price-and-entry” regulations that used to cosset such industries have long since gone, and remaining regulation is harder to demonize. We are left with government rules to protect the environment, check the safety of medicines and prevent systemic financial crises. These rules are generally helpful. There’s nothing “pro-growth” about bashing them.

“Generally helpful” is enough? Is Sarbane-Oxley hard to demonize for being only generally helpful? On what criteria may we base future decisions to cause just a little, allegedly inconsequential harm?

**********

Like extending movie franchises 20 years later, old habits die hard:

Members of the Russian Communist party have called for the new Indiana Jones film to be banned in the country because they say it distorts history.
…

St Petersburg Communist Party chief Sergei Malinkovich told the Reuters news agency it was “rubbish”.

“Why should we agree to that sort of lie and let the West trick our youth?”

He said many Russian cinemagoers were teenagers who would be “completely unaware of what happened in 1957”, when the film is set.

Good thing the censoring communists are no longer in charge in Russia. Oh, wait.

(I liked last year’s Die Hard movie, and I’m looking forward to seeing the new Indiana Jones movie.)

John McCain endorses majoritarianism over individual rights.

From John McCain’s speech to the NRA:

Real activists seek to make their case democratically — to win hearts, minds, and majorities to their cause. Such people throughout our history have often shown great idealism and done great good. By contrast, activist lawyers and activist judges follow a different method. They want to be spared the inconvenience of campaigns, elections, legislative votes, and all of that. Some federal judges operate by fiat, shrugging off generations of legal wisdom and precedent while expecting their own opinions to go unquestioned.

Is there an upper bound on how many individuals may have their rights violated before we conclude a constitutional solution is better than a democratic solution? If so, what’s the number? Is there a distinction marking which rights are sacred and which may be violated at will by a majority? Is there any reservation worth considering to limit this complete trust in The People that might acknowledge those hearts and minds that are either incapable or unwilling of being won?

Like every politician, John McCain is a propagandist unworthy of being in a position of leadership. He will not behave as a leader.

“I don’t even need to.”

I agree with almost everything in Andrew Sullivan’s entry titled “Obama’s Cowardice On Marriage”. Marriage equality is not a “far left” position when the core principle is considered. Any dismissal based on such a belief is at least partially an attempt to avoid uncomfortable analysis that might reach an “incorrect” outcome. I’m not as certain that it’s possible to minimize the federal implications of equal rights in favor of federalism given that our reality (14th Amendment, DOMA, etc.) is what it is. But Mr. Sullivan quickly gets to the point of why this “far left” charge is mistaken.

Still, I must qualify my agreement as incomplete because of this:

I should add that Obama’s position strikes me as transparently flimsy. … Marriage is the one issue where Obama is still politically afraid, intellectually vacuous, and a moral coward.

His position is transparently flimsy because he’s a politician and marriage is a “tough” that politicians don’t want to address as long as there are voters who treat equal, individual liberty with the same approach used by children being asked to eat foods they don’t like. I’m loathe to compare politicians to parents because they already act that way too often, but it fits here. Proper parenting involves telling the child that she must eat broccoli instead of the candy she wants. The same applies here. Politicians Leaders must tell voters that some parts of American life are not up for a vote because they involve more fundamental principles of individual liberty. Majoritarianism on issues of how many rights society should respect for certain groups is the nutritional equivalent to liberty of serving only M&M’s for breakfast, lunch and dinner.

But is this really the only issue where Obama is “politically afraid, intellectually vacuous, and a moral coward”? He is a politician, right? As I see it, pandering on free trade to win votes is hardly a sign of bravery, especially when it’s apparent that the only way he will back his pandering with action is if he handcuffs himself too tightly into the position to weasel out of it later. He wouldn’t pander if he trusted voters to support the difficult truth rather than the pleasant lie. And I trust that he understands the value of free trade and the hollowness of his anti-NAFTA rhetoric in Ohio.

As I’ve said before, I think Senator Obama is the least bad of the three two options we now have in this race. That’s not enough for me to vote for him, but I can acknowledge that my analysis suggests his superiority over Senator McCain as the next president. Still, we shouldn’t pretend that Obama is anything more than a politician until he demonstrates a longer string of statesmanship when it’s politically inconvenient.

Note: The title reference is an inside joke.

Another contestant down.

I’m calling a technicality on this one because it doesn’t specifically refer to the release of Exxon Mobil’s quarterly earnings. Still, Sen. Obama is currently airing this ad in Indiana in anticipation of the coming primary. It has all the hot button issues: windfall profits, energy independence, foreign oil, and high gas prices. And there’s a belief that more money “invested” by the government will bring about a solution. That’s enough for a disqualification.

Partisan buffoonary is certain to lead to a solution. Somehow.

President Bush talks about the economy, a topic he has proven himself qualified to discuss on par with his podium’s ability to explain game theory. Not that it matters, of course, because the best a president can do is get in the way. Talk of helping is politics, not economics. As it was today:

President Bush today blamed Congress for many of the nation’s economic woes, charging that lawmakers have blocked his proposals for dealing with problems ranging from soaring gasoline prices to the increasing cost of food.

Wasn’t the Free Money economic stimulus package the solution? That hasn’t even gone out yet, so it’s advertised benefits are unproven. I did get the letter telling me I might be getting the Free Money. I won’t, but why let that save me the cost of the postage and paper?

And he charged that instead of dealing with rising food prices, lawmakers are “considering a massive, bloated farm bill that would do little to solve the problem” and would not “eliminate subsidy payments to multimillionaire farmers.” Describing the U.S. farm economy as “thriving,” Bush said now is the “right time to reform our nation’s farm policies by reducing unnecessary subsidies.”

When he vetoes one of these massive, bloated farm bills, maybe I’ll think he’s serious.

Hey! Other topics exist. Who knew?

I’m not an attorney, so I can’t get completely into the questions of what Congress has restricted explicitly versus what leeway is authorized. But the Department of Justice has an insightful, albeit obviously broken, theory of how a liberty-minded society should fight an open-ended, poorly-defined war:

The Justice Department has told Congress that American intelligence operatives attempting to thwart terrorist attacks can legally use interrogation methods that might otherwise be prohibited under international law.

The legal interpretation, outlined in recent letters, sheds new light on the still-secret rules for interrogations by the Central Intelligence Agency. It shows that the administration is arguing that the boundaries for interrogations should be subject to some latitude, even under an executive order issued last summer that President Bush said meant that the C.I.A. would comply with international strictures against harsh treatment of detainees.

While the Geneva Conventions prohibit “outrages upon personal dignity,” a letter sent by the Justice Department to Congress on March 5 makes clear that the administration has not drawn a precise line in deciding which interrogation methods would violate that standard, and is reserving the right to make case-by-case judgments.

“The fact that an act is undertaken to prevent a threatened terrorist attack, rather than for the purpose of humiliation or abuse, would be relevant to a reasonable observer in measuring the outrageousness of the act,” said Brian A. Benczkowski, a deputy assistant attorney general, in the letter, which had not previously been made public.

This administration can’t be trusted. We knew that already, so this is just another example. I’m more amazed at my capacity to be surprised by this egregious implication.

Forget the injured and dead prisoners, I suppose. The former will heal, unless they won’t, in which case we’ll classify them with the latter, who deserved it. I do sometimes forget that our government only incarcerates terrorists, not accused terrorists. As long as the intent of the is to prevent a threatened terrorist attack, it can’t possibly be humiliating or *gasp* abuse.

I’m so tired of the argument that intent matters more than the act, that it should be enshrined as a rule. Beyond the obvious fault that the potential for abuse dictates clear rules limiting government, it’s impossible to completely legislate a competent determination of the subjective distinction between good and bad intent. The mere potential for an exception where a vile, illegal act can be excused becomes the rule. That is not a sane path. Prosecute the act; acquit the legitimate exceptions.

Don’t worry, though. Our government still cares a little.

“The fact that you are doing something for a legitimate security purpose would be relevant, but there are things that a reasonable observer would deem to be outrageous,” [a senior Justice Department official] said.

Who determines what is a “legitimate security purpose”? Congress? The president? What if the reasoning is classified, as it most certainly would be, an assumption the administration demonstrates¹ repeatedly? Are members of the administration who authorize such measures the reasonable observers who decide? The answers are important, since they speak to the continued development of what is supposed to be an open and free society.

¹ To be fair, the Bush administration is not alone in this inclination, nor is it unique to a party.

The U.S. owes the world. The world owes nothing to individuals.

Here’s an interview (part 2 of 3) with Stephen Lewis¹, a former diplomat now involved in HIV/AIDS issues. Here are a few curious excerpts (italics added):

What do you think should be done [to fix PEPFAR]?

People should demand more – much more. No one denies that when you pump several billion dollars into a response it will mean something. Of course it will; millions of people will be treated. That’s terribly important.

But that’s what we deserve to expect from the United States. You don’t kneel down before a country because it’s doing… something that the world has a right to receive. The American administration is so discredited, George Bush is such a lamentable president, that when anything of a positive kind happens people are prostrate at the unlikelihood of it and they shouldn’t be.

It gets worse from there, but it’s most important to focus on the key assumption. The world has a right to receive American funding for its problems. I’d like to know the socialist theory Lewis is using to arrive at the conclusion. Presumably we’re only allowed to call our giving “charity” if we need to feed our American egos. The world will acquiesce with that concession, but the dollars must continue to roll in to satisfy the world’s right to receive.

I don’t have anything else nice to say about that, so I’ll move on to the next interesting bit. (Again, italics added.)

How about the response of the United Nations to HIV/Aids in Africa?

There is just so much more to be done. Frankly, one of the things that is inadequate is the United Nations agencies. Some of it is bewildering.

For example, you get the Minister of Health in South Africa (Dr. Manto Tshababala-Msimang [sic]) attacking and dismissing circumcision as a preventive technology. Here you have three determinative studies, definitive studies, we have UNAIDS and WHO encouraging male circumcision as a way of reducing transmission and you get an attack on it by the minister of health in South Africa. Where is the United Nations’ voice? Why haven’t they taken on the minister? Why haven’t they said what should be said, which is that she’s effectively dooming people to death and it need not be done? You have to have a much stronger voice of advocacy from the United Nations in dealing with disease and related matters.

Dr. Manto Tshabalala-Msimang is nuts is HIV, yes, but Lewis’ rant against the United Nations is bizarre. Whether it’s pushing circumcision through UNAIDS with breathless calls-to-action, issuing press releases touting the latest hype on the original story from WHO, or endorsing gender-based human rights violations through its remaining organizational reach, I’m not sure it’s possible to do more for the organization to insert its reach any further into this debate on the wrong side of human rights. But that’s defensible. Instead, let’s complain that they never criticized Dr. Tshabalala-Msimang for being stupid and dangerous.

Except, they did.

The United Nations special envoy for Aids in Africa has closed a major conference on the disease with a sharp critique of South Africa’s government.

Speaking at the end of the week-long gathering in Toronto, Canada, Stephen Lewis said South Africa promoted a “lunatic fringe” attitude to HIV/Aids.

Mr Lewis described the government as “obtuse, dilatory and negligent about rolling out treatment”.

Hey, wait a minute. Stephen Lewis? Stephen Lewis, working as special envoy for AIDS in Africa, attacked Dr. Tshabalala-Msimang’s comments in August 2006. Denouncing idiotic statements is necessary, but move on. Leave the grudge match to the WWE. Instead, every microphone is dead horse meets Stephen Lewis’ stick.

I did thoroughly enjoy this, in an “I’m disgusted” way:

“It really is distressing when the coercive apparatus of the state is brought against the most principled members of society,” he said.

Clearly Lewis is exhibiting a textbook case of Kip’s Law. I would challenge Lewis’ assertion that he is principled, since the UN’s Declaration of the Rights of the Child clearly forbids medically unnecessary genital cutting, without exceptions for gender or potential disease prevention. Nor am I particularly moved by his claim of oppression. Are infants subjected a coercive apparatus when they are circumcised, in part based on the rantings of individuals like Stephen Lewis?

¹ The following biography accompanies the article:

Formerly the special envoy for HIV/Aids in Africa for United Nations Secretary-General Kofi Annan, [Stephen Lewis] is now chairman of the board of the Canada-based Stephen Lewis Foundation, which endeavors to ease the pain of HIV/Aids in Africa by funding grassroots projects. Lewis is also co-director of Aids-Free World, a new international Aids advocacy organization based in the United States.

This will be important later in the entry.