Al Franken and Judicial Activism

July 17th, 2009

It seems so unlikely that Al Franken would have the most to teach us during the Sotomayor hearings, but it looks like that is the case. At the very heart of the concern of conservatives about Sotomayor is judicial activism; the “wise Latina” comment and her speeches about the appellate courts being where law is made are problematic because of this concern. There are other minor things to pick at, specifically ideological, but it is difficult to pin her down by decision as either conservative or liberal, in fact I’d argue on her behalf that she is judicious, and not conservative or liberal.

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Sotomayor’s Second Circuit

July 13th, 2009

It is highly likely that Sotomayor will be confirmed as a Justice on the Supreme Court.  That said, those few in congress who oppose her have said that they will try to use the hearings as an educational tool; to get out the message of what a judge should be and how they should act to the American people.  I tend to think this is a good idea, as any lesson in civics on television or radio is a good idea.

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Sotomayor – First Post (Updated)

July 11th, 2009

The hearings start Monday, and I expect to be writing quite a bit on this subject next week.  In the mean time, it never ceases to amaze me the levels to which people will stoop: http://www.mcclatchydc.com/227/story/71660.html via Drudge

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Leon Panetta. The 100 Day Rule is Dead.

January 9th, 2009

Obama announces intelligence team – CNN.com.

I’m going to violate my own rule, right now, openly and honestly.  Criticism has been begged for, and I cannot resist.  There is small comfort to be had in the fact that Obama did take action on someething, and therefor this is not empty blathery.

Leon Panetta is going to be named as Director of CIA.  To say he is not qualified is to miss the point.  It is difficult to know where to begin explaining why, so bear with me.

The intelligence community and by extension the work it does, is one of the most misunderstood and thankless jobs one can do.  While the same can be said of other jobs, those jobs can usually be explained openly and publicly.  This is the grand challenge of secracy, and it sticks its ugly head out in a number of ways that Leon Panetta is ill-equipped to deal with.  We will return to that point, but now let us start with the obvious.

When a person joins the intelligence community, they are vetted (which is a nice way to describe a process that usually involves a microscope and your life).  If the person is taken in, there is an indoctrination that occurs both explicitly and gradually over time.  One gets used to handling classified material.  One knows that it cannot be disseminated to anyone without access.  One knows that doing so holds strict punishment, and hopefully, eventually, one recognizes that doing so holds unquantifieable damage to the security of the nation.  That may sound overblown (”unquantifiable damage to the security of the nation”), mere release of certain information could not only comprimise the information itself, but how it was attained, who was involved and any future action based on that information.  Leon Panetta is a political man, being Chief of Staff is an anti-qualification.  This is a person who uses media outlets strategically to sway oppinion, and the last person on earth you want holding the combination to the safe.  He has zero experience handling classified material (including his supposed high-level consumption of information, which is not the same thing).

Back to secracy and ambiguity.  Organized intelligence didn’t exist in the United States until WWII, that makes CIA and all of the other agencies less than 70 years old.  Prior to their existence, spying was considered truly unseemly and a dark uncivilized activity.  Today, the perception is not quite as bad, but it is still bad.  It is often said that you never hear of the success, only the failures, and that is true.  Part of success is retaining secrecy.  As a result, the things we hear about are torture (I’ll do that in another post), scandal and the infamous bad-intel.  As a result, directors of these agencies often find themselves defending something they cannot fully disclose, and beign forced to do so in the open, where they know they cannot speak openly or freely.
Leon Panetta is a Clinton-era  politician, and it seems almost wrong to declare him guilty by association, but at the same time it is inescapable to do so.  Clinton had that view of intelligence as being uncivilized, evidenced by his outright assault on human-intelligence operators by making them unable to work with people guilty of criminal activity (imagine telling police they cannot use informants who have ever committed a crime).  If Panetta has that same world-view, doesn’t it make sense that he might try to reform CIA into some more civilized organization?  That would be truly destructive.