Democrats, Then and Now
— Slublog

President Franklin D. Roosevelt: "The only thing we have to fear is fear itself."

President Barack H. Obama: 'Do what I want, or the economy will melt, and you'll all die poor and alone.'

Irresponsible fear-mongering is not all that presidential. Now that I think about it, weren't we promised a calm, cool, post-partisan president?

Guess that 'hope over fear' stuff was "just words."

Although I'm not a big fan of FDR, the man knew that part of leadership was preventing panic. In 1933, during one of his "fireside chats," FDR said the following:

After all there is an element in the readjustment of our financial system more important than currency, more important than gold, and that is the confidence of the people. Confidence and courage are the essentials of success in carrying out our plan. You people must have faith; you must not be stampeded by rumors or guesses. Let us unite in banishing fear. We have provided the machinery to restore our financial system; it is up to you to support and make it work.

It is your problem no less than it is mine. Together we cannot fail.

Roosevelt knew panic would only make the problem worse, so while he was honest about the state of the economy, he deliberately tempered his rhetoric. Compare that to Obama's words from last night:

They can't pay their bills. They've stopped spending money. And because they've stopped spending money, more businesses have been forced to lay off more workers. In fact, local TV stations have started running public service announcements to tell people where to find food banks, even as the food banks don't have enough to meet the demand.

As we speak, similar scenes are playing out in cities and towns across America. Last Monday, more than 1,000 men and women stood in line for 35 firefighter jobs in Miami [Florida]. Last month, our economy lost 598,000 jobs, which is nearly the equivalent of losing every single job in the state of Maine.

And if there's anyone out there who still doesn't believe this constitutes a full-blown crisis, I suggest speaking to one of the millions of Americans whose lives have been turned upside-down because they don't know where their next paycheck is coming from.

HOLY CRAP GRAB THE GUNS AND START STUFFING MATTRESSES WITH MONEY AND STOCK UP ON CANNED FOODS!!!!!!!!!!!

The contrast couldn't be clearer. Roosevelt was deliberate in his attempts to calm. Obama is deliberate in his attempts to induce panic. In many ways, he's like Syndrome from "The Incredibles." *Spoilers for those who haven't seen the movie.* The villain deliberately creates a giant machine designed to attack a city and create panic so he can swoop in to play the part of the hero. He's designed the machine to respond to his commands, so he can 'destroy' it. Unfortunately for him (and the city) his plan goes awry and he can't control the destructive monster he unleashed.

I didn't say it was a comforting metaphor.

What we've seen over the past few weeks is that Obama's definition of 'hope' is 'not-Bush.' That may have been enough to get him through an election, but it's a poor substitute for the real thing.

Posted by: Slublog at 05:56 AM | Comments (86)
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OJ redux - another slow speed chase in a classy Bentley, not that cheesy Bronco shit
— Purple Avenger

Unlike OJ, this guy sacked up and "did the right thing" after he fucked up.

...led police on a more than three-hour chase in a luxury Bentley sedan shot himself to death early today after more than a dozen police cruisers surrounded his halted vehicle near Universal City...

IN OTHER NEWS: the noose tightens on Murtha! The FBI raided a lobbying firm he's butt buddies with. Not much Obama can do to quash this given his very public statements about lobbyists

Posted by: Purple Avenger at 04:45 AM | Comments (53)
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Cal. District Court Issues "Tentative Order" Requiring the Release of Thousands of Prisoners
— Gabriel Malor

In the opinion of the three judge court, this is the only remedy which will address "the constitutionally inadequate medical and mental health care in CaliforniaÂ’s prisons." The ruling is here (PDF).

Now, this litigation has a lengthier and more complicated procedural history than most of what I mess with outside of work. And it's not my area of expertise. Still, several issues immediately cross my mind.

First, this is a "tentative ruling", not a final order. Thus, the parties cannot appeal it. It is merely to put them on notice of the judges' likely conclusion until the final order is completed. There are many reasons the judges would do this, including to get California moving developing a plan to comply. Such an order also encourages the parties to come to some kind of settlement before the Court imposes a resolution. Finally, it tells the parties what more will be required of them; here, the Court wants proposed numbers for the percentages of inmate reductions and the dates for compliance.

On that point, the Court is suggesting an inmate population cap of 120% or 145% of design capacity for each prison, with some specific institutions reduced to less than 100%. This would require the release of roughly 60,000 prisoners over the next two to three years. In August (the dates cited by the order), the prison population was at roughly 200% of design capacity. Judge Reinhardt believes that reducing the population "could be achieved through reform measures that would not adversely affect public safety, and might well have a positive effect."

That brings me to the second issue: Judge Reinhardt. That would be Judge Steven Reinhardt of the Ninth Circuit, one of the most liberal and most reversed appellate judges in the nation. As I said before, I don't know much about this litigation and it's not my area of expertise, but having Reinhardt's name attached automatically makes me wonder about the soundness of the legal reasoning. Judge Reinhardt frequently writes opinions knowing full well they will be overturned by his colleagues or the Supreme Court. He is married to the executive director of the Southern California branch of the ACLU. In an odd coincidence, his first law clerk was Deval Patrick (yes, that Deval Patrick). And he was appointed to the Ninth Circuit by President Carter.

That brings me to my third issue. This tentative ruling and the forthcoming final order are being issued by a "Three Judge Court." This is not a panel of the Ninth Circuit. Rather, it is a a special three-judge court convened for the Eastern and Northern (Federal) Districts of California pursuant to this federal law (more on it later). A three judge court is supposed to have at least one circuit judge as part of the court and it does. The funny part is that the two judges other than Reinhardt are "Senior Judges", that is, semi-retired district court judges. In other words, old guys. In this case, they both were appointed by President Carter and it would not be unfair to characterize them as pro-defendant, anti-prosecution.

District Court Judge Thelton Henderson is famous for being a civil rights attorney in the 1960s (he knew King) and infamous for striking down Prop 209, the anti-affirmative action voter initiative approved in 1996. His decision was later overturned by the Ninth Circuit.

Fourth (now that I've impugned their order while barely mentioning it), it's difficult to tell whether this decision is necessary or legal. Certainly the tentative ruling paints a dire picture. The litigation has been going on since the mid-1990s. Governor Schwarzenegger declared a state of emergency for the prisons in 2006, an action which was upheld by the court because of "extreme peril to the safety of persons and property." Medical and mental health issues caused by overcrowding are mentioned.

However, the ruling is almost entirely silent on the law. There are no citations, so no way to tell if the judges are complying with the law. Presumably, that will have to wait for the final order. The law at issue, as far as I can tell, is 18 U.S.C. § 3626, which provides for "prisoner release orders" as a last resort. There are several requirements, all of which Judge Reinhardt and company believe have been met.

It can only be issued if: (1) a court has previously entered an order for less intrusive relief that has failed to remedy the violation of a federal right; (2) the state has had a reasonable amount of time to comply with the previous court order; (3) the court determines that crowding is the primary cause of the violation of a federal right; and (4) no other relief will remedy the violation.

I suspect that last requirement will be the key issue on appeal, should Schwarzenegger seek appeal. Judge Reinhardt cites the "unprecedented economic crisis" and California's current budget problem as the reason why the state can provide no relief other than to release prisoners. Such an appeal could bypass the Ninth Circuit and go directly to the Supreme Court.

Finally, hanging over this whole case is the issue of parole reform. The criminal defense bar and criminal-rights advocates have been trying for years to roll back laws which provide for (and in many cases require) incarceration for parole violations. They are also interested in abolishing "truth in sentencing" laws which require that convicts serve their entire sentences (or a substantial portion thereof). They haven't had much luck with state legislators, who would be crucified in the polls if they were seen as soft on crime. California makes such reforms even more difficult with its voter initiative system, which fairly frequently (including in this past election) approves props which tighten parole conditions and disapproves props which would allow more convicts to take advantage of parole. I believe it is not a coincidence that Judge Reinhardt's order will force California to adopt parole reforms. What could not be done through the legislature is being done through the courts.

Thanks to DrewM. for the pointer.

Posted by: Gabriel Malor at 04:44 AM | Comments (61)
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Top Headline Comments 02-10-09
— Gabriel Malor

What a day.

Posted by: Gabriel Malor at 04:42 AM | Comments (11)
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Overnight Open Thread. (genghis)
— Open Blog

”Economy Crashes; Rappers, Hip-Hop Artists Hardest Hit.”

CNN continues to provide the hard-hitting investigative journalism weÂ’ve come to expect. In tonightÂ’s installment of the devastating effects that the recession depression apocalypse is having on people we donÂ’t really give a fuck about, the network turns a probing eye to the diminishing of the bling.

”(CNN) -- Gold teeth, luxury cars and diamond chains heavy enough to slump a bodybuilder's shoulders have been ubiquitous symbols in hip-hop music for years, if not decades.”

“But -- as you may have noticed at the Grammys on Sunday -- there are signs that the genre's high-dollar bling may not survive the economic recession.”

“Like everyone these days, rappers are feeling the effects of the country's economic meltdown. But industry commentators are split on whether they think financial woes will cause rappers to give up their hefty jewels.”

“Some experts contacted by CNN said the bling era soon will come crashing down. “

Holy. Fucking. Shit. Up until now, I’d just laughed off the doomsayers as wild-eyed people who stand on street corners with signs proclaiming “The end of the world is nigh!” But now? This scares me. Makes it real. There’s no doubting it any more. We’re doomed. Game over. How can we deny what the "bling experts" predict? How can we live in a world without bling?

”A historical illustration of an example of bling.”
Note: Illustration taken from the 17 volume series “Piracy and the Laws of the Sea, 1683 to 1701,” limited human-leather-bound collectors edition, by Gabriel Malor, ESQ. Research was underwritten by Volvo, a major provider of bling chests in the late 17th century.

Notice: Posted by permission of AceCorp LLC. Please e-mail overnight open thread tips to xgenghisx@gmail.com. Otherwise send tips to Ace.

Posted by: Open Blog at 09:45 PM | Comments (48)
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Health care rationing for elderly slipped into stimulus
— Purple Avenger

Note to democrats: four years from now, boomers=="seniors"

...If the Obama administrationÂ’s economic stimulus bill passes the Senate in its current form, seniors in the U.S. will face similar rationing. Defenders of the system say that individuals benefit in younger years and sacrifice later...

Of course, everyone looks forward to a debilitating, painful, (and soon to be impoverished,) old age so this is sure to be a real vote getter in the future.

Posted by: Purple Avenger at 08:22 PM | Comments (125)
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Obama Press Conference
— DrewM

I'm guessing there will be a lot of hard questions and tough follow ups. Or wet sloppy ass kissing. One or the other.

Slushop by Slublog.
Enjoy!

Compare and Contrast [ace]: Newsbusters notes the aggressive nature of Bush's first press conference. I'm sure they'll be tougher on their boyfriend.

Posted by: DrewM at 03:59 PM | Comments (644)
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Heh, Australian's "stimulus" a shit sandwich and may not work either
— Purple Avenger

Apparently, we're not the only ones being vexed by liberals wanting to spend like there's no tomorrow. The Oz'ian Ruddlulus isn't much different than ours, just smaller in proportion.

Posted by: Purple Avenger at 03:50 PM | Comments (16)
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DVD Reviews
— Ace

In Bruges, My Best Friend's Girl, Rocknrollah. more...

Posted by: Ace at 03:46 PM | Comments (50)
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Almost Ten Trillion in Bailouts, Spending, Guarantees, and "Stimulus" So Far, And More to Come
— Ace

Drudge is red-lining this Bloomberg piece.

That's 2/3rds of the entire value of everything produced by the US last year. Not 2/3rds of the federal budget -- 2/3rds of the value of everything we made last year. Everything.

And more to come.

Obama and the Democrats claim we need to take "dramatic steps" -- I'm sorry, was 8.7 trillion not dramatic enough for you?

Posted by: Ace at 02:34 PM | Comments (134)
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