August 29, 2008
Standing the Test of Time
Wow. I am not sure why I am so amazed at the inability of so many to engage in measured thought, particularly the press. They have the attention span of a child. As they say sometimes, 'that was yesterday's news.'
Yesterday, Barak Obama accepted the democratic party's nomination to become our next president. I watched the speech this morning and it was very moving. I could not help but feel swayed by it, only to temper my enthusiasm with a reminder that as much as Obama is trying to unite this country, as much as we need uniting, the political parties themselves have a vested interest in dividing us. For the first time in many, many years, there is reason to vote for the hope in the democratic party, and not as an alternative to the fear of a worse republican administration.
Perhaps recognizing the impact the speech should have, John McCain announced Alaska governor Sarah Palin as his running mate. On one hand, it was a brilliant move by McCain. As if a switch were flipped, Obama's speech became 'yesterday's news' and the story has quickly shifted to the young, inexperienced, scandal tainted, running mate. If the 'liberal' news can be counted on to fawn over Obama's speech, why all this focus on Sarah Palin?
And Sarah Palin. To be named a running mate when McCain has been saying 'Obama is not ready.' On the day of John McCain's 72nd birthday, maybe this was a ploy to divert coverage from his age- he would be the oldest sitting president if elected- but I can't help but think the choice of a young, inexperienced, executive from a state with one of the lowest populations in the nation, a state that is not forced to deal with the same problems and concerns that most of the rest of the states face, magnifies his age AND her inexperience. While the act of naming a woman on the ticket may have been geared toward drawing disgruntled Hillary Clinton supporters, just how much support do you think you will get when the news outlets start playing Palin's criticisms of Clinton? As even Powerline even noted, this pick stinks of desperation and stifles what has been McCain's chief line of attack.
Brilliant, the pick was not. Sure it may blunt the bounce a candidate can expect post convention, but those bounces are usually short lived. I think this pick will boomerang and mean a lasting bounce for Obama.
Posted by r.johnson at 12:52 PM | Comments (0)
August 27, 2008
Ciao
The gray mood of our house matches the weather today. Our good friends, neighbors, the Mounts, are heading off to Italy. Its hard to believe we have only known them for two years. I still remember the day Cecilia came by, knocked on the door, and said they had just moved in up the street, she had seen our son playing soccer in the front yard, and thought our kids might hit it off since her son loved soccer as well.
If you follow the beautiful game, the world cup had just ended, with my son's favorite team, France, losing in the final to Italy. My son's favorite player, Zinedine Zidane, one of the best players in the world, was red carded for headbutting Marco Materazzi, the Italian bad boy of the game. My son was devastated. The next thing I know this young Italian boy with an angelic face was knocking on the door, asking if Evan could play. Born in Italy, Gregorio lived and breathed Italian soccer like my son lived and breathed French soccer. Of course, Gregorio's favorite player was Marco Materazzi. It took about twenty seconds for them to discuss, then resolve, their love of two mutually despised players, and they have been inseparable ever since. They go to different schools, but ride the same bus. They play on the same soccer team- Gregorio as number 23 for his beloved Materazzi and Evan number 21 for his new favorite, Pirlo. Every waking moment is spent doing something together. Over the last two years, Gregorio and his brother have become members of our family, and my kids have become members of the Mount family. David and Cecilia have become very close friends.
Months ago, they came to us and told us that Cecilia had a chance to teach school near Pisa, her hometown, which would guaranty employment in Italy if they ever moved back. It is only for nine months, and the dream of sharing the country of your birth with your children, letting them experience their heritage, surrounded by family, is a strong pull. David, an architect, would stay here with his work. They debated and debated, and decided that they would do it. Its only for nine months.
This day has been building. There have been many friends stopping by to say a tearful goodbye, even though it is only for a short time. Last night was Gregorio's last practice, and his coach was chiding him: 'We have paid a lot of money to send you out for training with this Italian team, so you better see what you can pick up while you are over there.' Gregorio is beaming. 'We are counting on you to come back and show us what you have learned.' The smile on his face is from deep within his soul.
There will be tears today in our house. Alex woke up this morning and put on a dress to 'look nice' to take them to the airport. She and Gregorio's brother are quite close, and she blushes when anyone suggests that she has a crush on Gregorio. Carlyn will miss her friend and confidant, Cecilia, and the bustle of having four kids playing contently at our house or theirs. And Evan...
To say that Evan and Gregorio are two peas in a pod is an understatement. Gregorio's olive skin and brown hair sets him apart from Evan's light skin and blond hair, but other than that...They are the same size, laugh at the same jokes, and share the same interests. It will be a long, quiet, drive back from the airport. A little sunshine today might shake up the gray mood that will descend upon us all. We will see David on a regular basis. His 'job' while the family is in Italy is to remodel part of the house, and Cecilia said we could not feed him unless he kept the project on schedule. I hope we see him often.
But for now, Ciao Gregorio, Cecilia, and Vitorio. Have a great time in Italy. There is a place in our hearts for you, and when David goes to visit, we just might send Evan along for a visit as well. See you when you get back.
Posted by r.johnson at 12:31 PM | Comments (0)
Twenty Six Years Ago
I was driving to work today when it hit me: The same gray skies; the same misty rain; literally the same exact day. I had come to Seattle from Atlanta Georgia to play soccer for Cliff McCrath, and we had been on Whidbey Island at Camp Casey for tryouts. The weather was perfect, and we were preparing for our first tournament over the Labor Day weekend. We came back to Seattle, stayed in the dorms, and my first full day in Seattle was a day just like today: The same gray and foreboding skies; the same misty rain that is barely there; the same cool temperature- not cold, but definitely not like the hot and humid south. Twenty six years ago.
Posted by r.johnson at 9:23 AM | Comments (0)
August 19, 2008
Cape Alava 2008
Just got back from another backpacking trip to Cape Alava. As always, it was perfect, even when it rained. The trip in was uneventful, a three mile march with heavy pack, and we settled in with friends at the perfect campsite: two rope swings, and miles and miles of beach for exploring. 
The kids (and the adults) spent hours searching for 'treasures.' The beach glass is plentiful, and once collected, becomes a sort of currency, with everyone trading red for blue, blue for turquoise, etc. Evan and his friend Alex, both budding zoologists, were in search of seal, otter, deer, and bird carcasses. Evan found a full otter skeleton, and both found plenty of seal bones, some with the fur and sinew still clinging to the bones. But the prize of the week was in the whales. Two gray whales had washed up on the beach, one about a half mile from the campsite and the second about a mile further. The skin on the first had bloated, stretched, and was now starting to disintegrate. It was on the rocks, and by climbing upwind, you could get upwind and avoid the putrid smell. It made for an interesting photo. 
The second one was still in the water- it was not pretty. Some of its vertebrea had separated from the spine and were rolling on the beach in the surf. I pulled one out for a closer look and my hands smelled for a long time after.
With both whales, the baleen was separated from the rest of the carcass and was in a perfect place to touch. It was rubbery. Carlyn kept telling the boys not to touch it, but I kept 'overruling.' 'How many times in your life do you ever get to feel what baleen feels like' I kept asking.
The petroglyphs at wedding rocks are another draw at the cape. I like the orcas myself. 
But the real draw is the time with family,
sitting by a campfire,
drinking a glass of wine,
no phone,
no television,
no internet,
no contact with the outside world,
and watching the sun slowly set. 
Posted by r.johnson at 4:39 PM | Comments (0)
August 7, 2008
Hamdan Convicted
I am taking a break from my self imposed sabbatical (read: too busy to blog lately) to briefly comment on the conviction of Salim Hamdan. Hamdan was charged with multiple "war crimes" and acquitted of the more serious ones. Today, the military panel sentenced him to 5 1/2 years.
No real time to comment, but consider:
Hamdan was 'given credit for time served.' Sort of. He was captured in Pakistan in 2001. Lets see, its now 2008, so he has spent the last 6 plus years in prison, only to be sentenced to a 5 1/2 year term, but he is 'not eligible for parole' for another five months?
And has he really been sentenced to 51/2 years, when the government still maintains it has the right to detain him indefinitely? Is this sentence just for show?
And how about the 'crimes' he was convicted of? As Balkinization notes, Hamdans actions did not constitute a 'crime' until Congress amended the 'so called patriot act' in 2004. Hmmm. Can you say legal challenge?
Posted by r.johnson at 1:47 PM | Comments (0)
July 11, 2008
Democrats: Who Needs Them.
The new FISA act is now signed into law, with democrats crumbling under pressure from a lame duck administration, worried that they will be portrayed as soft on terror if they did not capitulate to the wishes of an authoritarian regime. Newsflash: republicans will criticize you whatever you do, so maybe you should worry less about how republicans will paint you and more about what is right and wrong. Some people will never learn.
Amidst it all, Jack Balkin made an excellent point for those who mistakenly believe that 'things will be different' when a democrat is elected president.
But the larger point is that both major political parties are committed to the build up of surveillance programs and technologies for purposes of security and the delivery of government services. We are going to get some form of National Surveillance State. The only question is what kind of state we will get. As of right now, it looks like we will get one that is far less protective of civil liberties than we could have gotten. Some of the new features of the surveillance bill have sunset provisions, and others may be altered through amendment if and when the Democrats take the White House. Still the fact that Barack Obama ended up supporting this bill is not particularly good news.What was it Montesquieu said about 'when democracies break down'? Now I remember. It leads to despotic governments.
Posted by r.johnson at 2:32 PM | Comments (0)
June 25, 2008
Convergence Zone
As any constitutional lawyer knows, there are several legal 'doctrines' that the courts have used in years past to avoid making a decision on a controversial case involving the various branches of government. In some circumstances, the courts will say that they should not interfere with a dispute between the executive branch and the legislative branch of government, labeling the matter a 'political question.' The case then is never decided upon the merits, in the legal arena, with both branches of government left wrestling over how to resolve the conflict.
The dispute over Harriet Miers' and Joshua Bolton's violation of a subpoena to appear before Congress and answer questions is shaping up to be a case where the doctrine will again be used. You may recall that Congress subpoenaed Miers and Bolton to answer questions about the White House role in dismissing members of the DOJ (US attorneys) in 2006. Bush has claimed that the two aides are shielded from testifying by his edict of executive privilege. In response, Congress sued to enforce the subpoenas. The US District Judge hearing the case has squirmed in his seat, commenting in such a way that leads me to believe that he may take the easy way out and claim the case presents a political question.
Then again, I would not be surprised if this case ends up being decided on the merits. Don't get me wrong, this case screams for an application of the doctrine, and under certain circumstances, I have every reason to believe that it would be invoked, but at the present time, I am not sure that it can be without severely damaging the judicial branch of government, or conservative judicial philosophy. Here's why.
The case is being heard at the very time that the DOJ is under fire for violating the law on its hiring practices. Hiring and firing was based on political reasons. The DOJ. The same DOJ who, in this case, is accused of firing US attorneys for political reasons. The political environment is not favorable for dismissing this claim right now.
Think back to that time in your early education, and recall the 'noble theory' of having three branches of government: Congress makes the laws; the Judiciary interprets the laws; and the Executive Branch enforces the laws. The order of the description may change but what happens when the Executive Branch does not enforce the law, but breaks it instead? That question is what gave rise to the special prosecutor statutes. Here, the stated justification for the subpoena is not to investigate 'law breaking activities', which is one reason I see this as being labeled a political question, but to find out what happened. Regardless, I do not think the Courts would let the Executive Branch off if this is perceived as an investigation into a possible violation of law.
Balancing all of this is the conservative 'battle cry' for strict interpretation of the Constitution. Judge John Bates, who is hearing this case, is a Bush appointee, and while I know nothing of Judge Bates' views on Constitutional interpretation, I am guessing he is on the conservative side. Hmmm, wonder where he will find a legal foundation for the political question doctrine if he uses it, because it sure isn't in the Constitution or in any statute.
All of this suggests a very interesting convergence of ideologies, and a very amusing story to keep an eye on.
Posted by r.johnson at 11:38 AM | Comments (0)
