Say it isn't so, George

This begins with my 17 year old daughter who can keep a score book and explain the infield fly rule. I brought her up right.

She's also smart. Being able to keep a book and explain esoteric rules is not an indication of intelligence. A survey of people who can do those things makes clear the difference between knowing what one is talking about regarding baseball and possessing intelligence. Take any one of a number of baseball commissioners, or managers, or fans, for that matter--as a subset, to save yourself time--in doing that survey.

She began her senior (high school) thesis a couple of months back and she chose to compare the baseball steroid investigation with the Red Scare of the fifties.

The aptness of that didn't hit me until yesterday when I listened to sports talk radio in response to the Mitchell report on steroids and baseball.

The people doing the show, and almost all of the callers, assume that all the players named in the report are guilty of using steroids. At one point, one of the hosts of the show said that he didn't need any proof to know that a certain player used steroids; all he had to do was look at the guy, the way he acts, and his performance.

I know what he meant, and I understand perfectly what he meant. He is putting together circumstantial evidence (which is a completely valid kind of evidence, by the way) and drawing his own conclusions based on what he knows and believes to be true.

Fine. But having been a lawyer and dabbled in being a judge I have learned that this can be darned dangerous and that before we do anything other than talk about stuff, we need do do something other than this kind of "proving."

I don't want to defend any of the players, here, because I don't know what they did or did not do.

I want to defend the players' right, however, to have some kind of due process before we go putting asterisks after their records or deciding they should not be in the Hall of Fame.

The sports talkers say there is plenty of evidence for us to consider the charges true. Good. If it's so easy to prove then let's prove it. Baseball should set up some kind of a process--with the cooperation of the player's union--and present the evidence to a fact finder, with the players involved having the chance to defend themselves and to confront the witnesses against them. (Saying, by the way, that they declined to speak to the Mitchell investigation--in essence, that they refused to talk to the prosecutor before the indictment was handed down is not the same thing). If it's so obvious, let's do that.

Due process, of called a "legal technicality" by many who have never deprived of it.

What is so like the red scare is not just the rush to judgment against people who are accused of something that everyone is in a hurry to say they are against.

Some of the players are accused on the basis of some hard evidence (receipts for payment of steroids, for example) while some are accused (as some were accused during the communist witch hunts) on the basis of statements made by people who, themselves, stand accused of illegally providing steroids (a controlled substance) to players; they are accused of being, in essence, "drug dealers."

Does that sound like people who are in jeopardy for being communists naming people as communists to save their own skin? The name Ronald Reagan, head of the Screen Actors Guild, who provided names to the McCarthyites comes to mind.

Maybe the players accused solely by unsavory types are guilty. Maybe the unsavory characters, in addition to trying for lenient treatment (if that's what's going on, and I don't know that it is), are telling the truth.

People's lives were ruined when, with no proof other than allegation, labels like "communist" or "fellow traveler" were attached to their names. People's lives are also ruined, in more subtle ways, when they attach such labels to others with no proof beyond allegation.

I also want to know more about what George Mitchell, part owner of a baseball team, means when he talks about the player's union as a source of the problem, here. And I am a little concerned that someone who is a part owner of a team is the investigator, here. There are all kinds of aspects of this that I think need to be on the table (again, I don't know that there's anything going on here, but we owe it to players accused and to ourselves to examine this aspect of the situation). Could it be that the agenda here, at least in part, is to advance the owner's cause in the constant struggle between the union and the owners? Can we be sure that Mr. Mitchell did not protect Red Sox players because he has a stake--emotionally and financially in that team? I know Senator Mitchell has credentials--but America is not about credentials and, as a former prosecutor and judge he knows the way that the appearance of impropriety can undermine an investigation and prosecution. Why, then, did he agree to do it?

Again, I don't know; we don't know. We owe it to ourselves and to everyone involved, here, to find this stuff out before we go asterisking records or trashing the union.

I am saying that the American way is to prove allegations like this in a certain way when life, liberty and property/the pursuit of happiness is on the line. And, for these players, those things are on the line. Their reputations--their ability to use their status as major league players for whatever advantage they can, their chances of getting into the Hall of Fame, their ability to live their lives beyond the reach of innuendo--are at risk.

Ours are, too. Is it going to be that any or all of us can be brought down this way? Is it going to be that any or all of us are going to bring people down in this way?

The possibility is that the herd--we--are being stampeded, here. What's wrong with a little due process to make sure that's not true?

It's the difference between and indictment and a conviction. We say we respect people's rights and that we want people to get a fair shake. Integrity would indicate, then, that we prove things about people before we punish them with asterisks and bans from the Hall of Fame.

So, does our response to this show our integrity? Or does it show we really don't care about innocent until proven guilty? Does it show that we are willing to give people, when we disapprove of what they are accused of doing, less than a fair shake, less than the kind of shake we'd want to get?

Another aspect of this, getting back to my daughter, is that she is a San Francisco Giant fan (there is no accounting for choices kids make, sometimes) who dislikes Barry Bonds. She is personally convinced he is guilty of steroid use. She saw the innuendo and the potential for slander of this whole steroid thing months ago even though she would be among the last people on earth to apologize for or defend Barry Bonds. I am pleased to see that she wants to make sure that even people she doesn't care for, even people she believes are guilty, get their day in court and are not unfairly brought down by the court of public opinion.

That's integrity.

That's--ahem-- my girl.

I don't know if she got that from me or not, so although I'd like to repeat, at this point, that I brought her up right, I'll confine myself to saying that I am as pleased with the way she is growing up as I am concerned about the way that most people seem to be showing a lack of integrity, here.

Oh, Joe! A Lily for you...

Oh, Joe! A Lily for you...

It has been a while since I awarded a "Lily," my own personal prize. I chose that name for statements that engender cynicism. The award is named after Lily Tomlin, who reputed to have said "No matter how cynical I get, it's hard to keep up."

Joe Scarborough wins for his recent defense of water boarding. A part of that defense was asking a rhetorical question that implies very strongly that water boarding is not torture.

When, he asked, did the liberal media, when did the people in Manhatten, when did the people in West Hollywood decide that water boarding was torture?

"I wasn't," he said, "at that meeting."

Joe is a commentator, discussing issues of the day every day. He has access to more information that I have, and more time to take it in, check it out and verify it. . So, I am cynical about his integrity in making this statement. It is well enough known for me to know that, it wasn't a meeting where that decision was made. That was decided at a trial. More than one trial. Three of them are described, here.

"In the war crimes tribunals that followed Japan's defeat in World War II, the issue of waterboarding was sometimes raised. In 1947, the U.S. charged a Japanese officer, Yukio Asano, with war crimes for waterboarding a U.S. civilian. Asano was sentenced to 15 years of hard labor.

"On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier.

"Cases of waterboarding have occurred on U.S. soil, as well. In 1983, Texas Sheriff James Parker was charged, along with three of his deputies, for handcuffing prisoners to chairs, placing towels over their faces, and pouring water on the cloth until they gave what the officers considered to be confessions. The sheriff and his deputies were all convicted and sentenced to four years in prison."

NPR, "Waterboarding: a tortured history"

It wasn't a meeting that decided that water boarding was torture. It was a law cases--it was trials.

So, if Joe Scarborough doesn't know that, what's he doing commenting on the news of the day? This is the kind of thing that politicians do (and he is a former Congressman)--they use cleverly worded statements that don't really lie but convey and promote untruth. Propagandists--that is people who want to persuade people of something that benefits the propagandist without regard for the truth of the matter--lie; sometimes they lie by commission and sometimes by omission, but they lie.

Later in the same show, Joe said to a guest "If you are going to be on my show, David, you have to provide accurate information."

A Lily for Joe. The category is Integrity.

Settle down, Mr. Matthews...

Hey, Chris, long time, first time. I love Hardball and download the podcast every day because I can't catch it on the air.

You're a brilliant guy but lately you're showing that you are as vulnerable as some of the rest of us to getting someting a little wrong and then going on about it.

On a recent Hardball you asked Governor Huckabee about the candidate's emphasis on his religion in advertising and in debates. Later you said later that a religious test was being erected to holding office and have gone from there to talk a lot about the emphasis Republicans are putting on candidate's relilgion. Again last night you, and another reporter on your show, talked about a religious test for office being created among Republicans; that they are violating the US Constitution.

The Constitution, in Article Six:

"The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States."

This means that the state and federal governments cannot make any aspect of a person's religion an official qualification for office. Just as a person may be required to be of a certain age, or residency, or professional certification (this applies to appointed offices, as well as elected), or even--until subsequent amendments--race or sex, a person may not be required to be of a certain religion.

All of this goes to government action.

It does not prohibit people voting for someone based on that person's religion--either the religion of the voter or the religion of the candidate. It also does not prohibit anyone asking a candidate about religion or anyone or group of people saying that they will only support someone of a certain religion or that they will oppose someone of a certain (or of no) religion.

So, Chris, you can be critical of people because it's not a good idea to make religion (or a lack thereof) a test in the voter's mind--and I agree with you, it isn't--but it's not really correct to say that people are prohibited from doing that. They can do that, all they want. It is not Un Constitutional.

Like I say, love your show...

what the old man said made some sense...

"I feel strongly that there ought to be fair justice."

George W. Bush
Washington, D.C., Sept. 20, 2007

The good people at Slate, with whom I am so frequently in unity, regularly runs a feature called "Bushisms." It holds the President up to ridicule for stumbling over his words. The quotation above is cited there as an example of the President's frequent inability to express himself coherently.

There are times I think that it's not fair to do this kind of thing to him. It's well known that he is mixing up what he says and we all know what he means. He is not really so inept as to think that "Is our children learning?" is acually correct, although I don't buy this thing about him "actually being a brilliant guy." He is not the sweetest peach in the box, but he is not a moron, and he is not a village idiot come a wanderin' out o' Texas.

So, since we all agree he is bright enough to find his rear with both hands, it aseems to me sometimes that ridiculing him for his inevitable slips of the tongue is a little like making fun of a stutterer.

And, in the case of this particular statement, I think it may not actually be a mistake--I think I agree with what the President actually said.

If one thinks of "justice" as a product, a commodity, an outcome that is dealt out by a court (in effect, as a decision) then there is such a thing as fair and unfair "justice." I am sure that many people don't feel that the judgment that was made in their case was "justice" (ask anyone involved in a divorce or, perhaps, about a traffic ticket) and that there are many who feel that factors other than pure equity or pure application of law to facts are often determinative--especially when members of one group come up against those of another, or against the state (which amounts, of course, to coming up against another group).

The Old Testament prophets were always talking about "judgment" in this sense when they decried justice for sale, through bribery ("gifts") and favoritism toward the powerful (as opposed to doing what the law said in regard to widows and orphans).

So, justice is a synonym for "fair" only when it is not corrupt, when the decisions, the judgments handed down by the courts, are consistent with the policies of the various constitutions of the states and the federal governent and of the laws that flow from them. If those policies are frustrated in the administration of justice then, indeed, it is fair to say that justice is "unfair."

So, like the President, I feel strongly that there ought to be fair justice. Fudge--I do hate it when I find I agree with him about something. Well, he can't be wrong all the time.

on waterboarding and why it cannot be torture...

Waterboarding cannot be torture and keep a long line of people--from privates to the President of the United States--out of legal trouble; criminal legal trouble.

Waterboarding has been successfully prosecuted by the American government for more than 100 years with both its own citizens and members of at least one foreign army as defendents. The crime charged was torture. People went, as they say, down for this one.

As a great American prophet used to say, "You can look it up."

If the new attorney general nominee had said that waterboarding was torture, during his confirmation hearings, then the attorney general nominee would have been saying that Americans committed the crime of torture and that the President was complicit in that he ordered the crime be committed.

Conspiracy? Accomplice liability? Pick 'em, but charge him: let the jury decide--that would be my prosecutorial strategy (of course, I was only a prosecutor for a very short period of time and never got beyond driving under the influence cases more than a time or two).

The President has been called a lot of dirty names, so far, but it seems that one of them might (should?) be "defendant."

That can't be good.

At least, it can't be good from his point of view.

What is good from the President's point of view is that he appears to be able to have the same "complete confidence" in this new attorney general that he had in the old one. It was confusing to hear the President express such confidence in Mr. Gonzales, someone who was held in almost total contempt by almost everyone. How could anyone have such confidence in the ability of such a person to function as attorney general?

Well, silly me, it was not AG the AG's ability to function as AG in which Mr. Bush had such complete confidence. It was, rather, in the many times proven ability of AG the AG to lie, forget and do whatever else was necessary to keep anyone who was trying to figure things out from following the converging trails back to Mr. Bush, Mr. Cheney...whomever. AG was trustworthy in that his loyal service to the Bush administration was not constrained by the perimeters of either law or ethics. (And Mr Gonzales may, yet, be going to go down for this. Perhaps he should hope he is indicted and convicted before Mr. Bush is. If the prosecution moves adroitly Scooter Libby may be the only law breaker in this administration who will benefit from a presidential pardon. The "pardoner" may be in need of a pardon, himself, before they are in a position to benefit from one.)

What also cannot be good, aside from the direct results of employing torture--getting a bunch of bogus information upon which to lay dumb plans and build stupid policies--is the (at least) one inevitable result of employing torture: others will do it to our military people and we will have absolutely no legs--moral or legal--to stand upon if we let this "just go by."

Way to go, George.

Just one more way in which the integrity of the Republic and the Constitution upon which is is based has been compromised and perhaps broken beyond all repair. Which successor of yours will have the grounding, the moral compass, to resist going through all the doors you (and Mr. Cheney) have opened and legitimized?

We are going to be paying for your presidency for a long time to come, in more ways than one.

It all comes from riding a high horse down the low road, from telling everyone you are off clearing brush when, actually, you are off planting more in which you can hide.

President Bush has shown himself to be the kind of person who, when he speaks, one can safely assume that the opposite of what he says is true. In fact, it is at one's peril that one relies on the truth of anything he says. He is the kind of person once described as one whose dog will not come when he whistles.

At Last...At Least

I finally heard George Bush say that something was too expensive. It had nothing to do with the war, and nothing to do with tax cuts, nothing to do with energy...

It was poor children's health care...

He said he will veto a bill that would keep it going in fifteen states...

Hey, Dude, where's my country?

I never identified with that rhetorical question until this morning.

I read that the Bush Administration failed to accept "no" for an answer from the Senate in the "advise and consent" process for high level executive appointees. Seems the Senators had som reservations about a person nominated to fill an undersecretary of somethin or other position that oversees, among other things, mine safety. They had concerns about this person's safety record as a mine operator.

It's not just the questions this begs in light of recent mine disaster in Utah.

It's also the question of circumventing the process. If someone is not confirmed they're not supposed to get the job. It's a process in which both sides have to agree for the appointment to be confirmed. But the Bush Administration has just ignored that, completely disregarding process.

This time it's the harmony testimony that is implicated. And integrity.