The Commentariat -- July 16, 2013
Jonathan Weisman & Jeremy Peters of the New York Times: "Senator Harry Reid of Nevada took a defiant and uncompromising stand on Monday ahead of a closed-door meeting of the Senate, saying that pushing through a rules change to end filibusters of executive branch nominations would 'save the Senate from becoming obsolete.'" ...
... John Bresnahan & Burgess Everett of Politico: as all Senators meet into the night to try to avoid the "nuclear option," John McCain comes to the rescue with a fantastic solution: let Republicans pick the nominees! David Koch & a couple of Walton heirs for the NLRB, Charles Koch for Secretary of Labor, Lloyd Blankfein to head up the CFPB, & a few Scalia kids for open judgeships. ...
... Ed O'Keefe & Paul Kane of the Washington Post with a 9:23 pm ET Update: "The Senate made an eleventh-hour bid Monday night to avert an unprecedented maneuver to change the chamber's rules governing presidential appointees, with nearly all 100 senators huddled in a rare bipartisan, closed-door caucus.... All sides reported some progress, but there remained some critical distance on whether Obama's current picks to run the National Labor Relations Board would be confirmed or whether new selections would be sent to the Senate for confirmation.... If senators fail to reach a new agreement, Reid plans to hold a key test vote Tuesday morning on Cordray's nomination, needing 60 votes to move to a debate and final confirmation vote. Up after that would come the NLRB nominees, followed by less controversial selections to lead the U.S. Export-Import Bank, the EPA and the Labor Department. "CW: Sounds like they're taking up McCain's idea! ...
... Alex Rogers of Time: "After the meeting Reid continued to meet with Minority Leader Mitch McConnell to hammer out a compromise, but Democrats said he was still prepared to act without Republican support. The issue is likely to come to a head on the Senate floor Tuesday morning." ...
... Ed O'Keefe & Paul Kane: "Senators reached a tentative deal Tuesday on averting a constitutional showdown over confirming President Obama's agency nominations." No word on what the deal is. MSNBC is saying some of the nominees will get an up-or-down vote, but there's apparently still some question on the NLRB nominees. ...
... New York Times Editors: "... this is a precedent worth setting. Whether Republican or Democrat, a president should get a vote on executive appointments, giving nominees a chance to make a case to a simple majority that they are fit for office. The American people have come to detest Congress for its contentiousness and inaction. On Tuesday, the Senate has a chance to begin restoring its reputation."
Vladimir Isachenkov of the AP: National Security Agency leaker Edward Snowden on Tuesday submitted a request for temporary asylum in Russia, his lawyer said. Anatoly Kucherena, a lawyer who is a member of the Public Chamber, a Kremlin advisory body, said that Snowden submitted the asylum request to Russia's Federal Migration Service. The service had no immediate comment." ...
Another Upside to the Snowden Leaks
Adam Liptak of the New York Times points to the Catch-22 in the U.S.'s secret surveillance programs: the government has argued -- and the Supremes have agreed -- that the only persons who "have standing" to bring a Fourth Amendment claim against the intelligence-gathering are those who can show it was the source of the government's case against them. BUT the government has also argued, in other venues, that it does not have to inform a defendant that the secret programs were the sources of their evidence. Ergo, nobody has standing to challenge the law or the intelligence-gathering. Neat. ...
... MEANWHILE, Jerry Markon of the Washington Post writes, "But the legal landscape may be shifting, lawyers say, because the revelations by Edward Snowden, a former National Security Agency contractor and the principal source of the leaks, forced the government to acknowledge the programs and discuss them. That, they say, could help plaintiffs overcome government arguments that they lack the legal standing to sue or that cases should be thrown out because the programs are state secrets. A federal judge in California last week rejected the government's argument that an earlier lawsuit over NSA surveillance should be dismissed on secrecy grounds." ...
... Glenn Greenwald Is Still Nasty. Dylan Byers of Politico: "Veteran investigative reporter Carl Bernstein publicly criticized The Guardian's Glenn Greenwald on Monday over a statement he made about the National Security Agency secrets that could leak 'if anything should happen' to former security contractor Edward Snowden. 'That statement by that reporter is out of line,' Bernstein, who would not refer to Greenwald by his name, said on MSNBC's Morning Joe. In a subsequent email to Politico, Greenwald dismissed Bernstein ... as someone who 'hasn't done any actual reporting for a couple decades now.'"
Russell Luscombe of the Guardian: "One of the six female jurors who acquitted the Florida neighbourhood watch leader George Zimmerman of murdering Trayvon Martin has revealed that three of the panel originally wanted to convict him. The middle-aged woman, who is white and has grown-up children, said she and her fellow jurors believed that Martin, an unarmed black 17-year-old, threw the first punch in the fatal confrontation, leaving Zimmerman in fear of his life. That, she said, was the determining factor in why the three changed their minds." ...
... Philip Rucker & Sari Horwitz of the Washington Post: "Current and former Justice Department officials said Monday that bringing civil rights charges against George Zimmerman in the shooting death of Trayvon Martin ... would be extremely difficult and may not be possible." ...
... William Branigin & Sari Horwitz of the Post: "Attorney General Eric H. Holder Jr. said Monday he shares concerns about 'the tragic, unnecessary shooting death' of an unarmed black teenager in Florida last year, and he vowed to pursue a federal investigation into the matter. In a speech at the social action luncheon of the Delta Sigma Theta sorority, Holder pledged that the Justice Department would 'continue to act in a manner that is consistent with the facts and the law' and would work to 'alleviate tensions, address community concerns and promote healing' in response to the case." ...
... ** Ta-Nehisi Coates: "The jury's performance may be the least disturbing aspect of this entire affair. The injustice was authored by a country which has taken as its policy, for the lionshare of its history, to erect a pariah class. The killing of Trayvon Martin by George Zimmerman is not an error in programming. It is the correct result of forces we set in motion years ago and have done very little to arrest." CW: exactly. ...
Sadly, all the facts in this tragic case will probably never be known. But one fact has long been crystal clear: 'shoot-first' laws like those in Florida can inspire dangerous vigilantism and protect those who act recklessly with guns. Such laws -- drafted by gun lobby extremists in Washington -- encourage deadly confrontations by enabling people to shoot first and argue 'justifiable homicide' later. -- Mayor Michael Bloomberg
... Jamelle Bouie in the American Progress: "... what's clear to me is that, for all the real progress we've made, this country has yet to relinquish its long-standing hostility to blackness." ...
... Charles Blow: "The whole system failed Martin. What prevents it from failing my children, or yours?" ...
... Lawyers have been arguing about it, but Nichole Flatow of Think Progress outlines how Florida's stand-your-ground law was central to George Zimmerman's case -- and will figure in any civil suits that are brought. CW: One thing I didn't know: Zimmerman claimed on CNN that he knew nothing about the stand-your-ground law, but a professor of his testified that he covered it extensively in a course Zimmerman aced -- one of many reasons his lawyers didn't put him on the stand, I guess. ...
... Newt Gingrich seeks & finds the worst possible, most racially-charged thing to say about the Zimmerman acquittal & its aftermath. I'd like to hear Karl Rove comment on how Newt is "bringing the nation together." Update: see safari's excellent remarks in today's Comments.
Mark Landler of the New York Times: "In a homecoming tinged with nostalgia and an unspoken sense of farewell, President Obama on Monday welcomed his oldest living predecessor, George Bush, to the White House, where the two men, separated by nearly four decades but united in their fervor for volunteer service, presented an award to a retired Iowa couple. Appearing together in the East Room, Mr. Obama and Mr. Bush, who is 89, bestowed the 5,000th 'Daily Point of Light' award -- named after Mr. Bush's signature initiative on volunteer service – to Floyd Hammer and Kathy Hamilton, who founded a nonprofit organization that delivers free meals to hungry children in 15 countries":
Washington Post Editors Caught Flogging Dead Horse: "Don't write off the deficit."
Where Are They Now?
Ariel Kaminer of the New York Times: " the news that David H. Petraeus, the former C.I.A. director and commander of the allied forces in Iraq and Afghanistan, would be a visiting professor at the Macaulay Honors College at CUNY this coming academic year was supposed to be great publicity all around. Instead it turned into a minor scandal all its own, as some professors and politicians expressed outrage over his six-figure salary, and others accused the university's administration of lying about just what the salary was."
Remember Her? Stephen Webster of the Raw Story: "President Barack Obama (D) may throw the 2014 House races to his Democratic allies by producing a 'magic wand' that grants non-citizens the right to vote in U.S. elections, Rep. Michele Bachmann (R-MN) said in a video published Monday." CW: yes, she's still totally wacko -- and totally irrelevant. ...
... Caught on Bachmann's Surveillance Camera. Mila Mimica of NBC Washington: "An aide for Rep. Michele Bachmann (R-Minn.) is out of a job after allegedly stealing cash from a Congressional office building. According to U.S. Capitol Police, 37-year-old Javier Sanchez was arrested July 11 and is facing charges of second-degree misdemeanor theft from the Rayburn House Office Building."
Local News
Trip Gabriel of the New York Times reveals that Ken Cuccinelli -- Virginia's attorney general, the Republican candidate for governor & former ward of Kate Madison -- has been slightly less successful than have Gov. Bob McDonnell & the Missus at extracting gifts & benefits from Jonnie Williams, the phony diet supplement mogul.
News Ledes
Los Angeles Times: "'Glee' star Cory Monteith died of a 'mixed drug toxicity' involving heroin and alcohol, according to results released Tuesday by the British Columbia Coroner's Service in Canada."
Guardian: "The defence team representing Bradley Manning, the US soldier who leaked reams of state secrets to WikiLeaks, has made one last attempt to persuade the judge presiding over his court martial to dismiss the most serious charge against him: that he 'aided the enemy'."
Los Angeles Times: "A peaceful protest of the George Zimmerman verdict in Los Angeles turned violent Monday after youths broke away from the main demonstration in Leimert Park, stomped on cars, broke windows, set fires and attacked several people. KCBS-TV/KCAL-TV reporter Dave Bryan and his cameraman were among those who came under assault. One of the two journalists was taken to a hospital with a possible concussion.... Protesters also stormed a Wal-Mart in the Crenshaw district of Los Angeles.... A short while later, LAPD officers wearing helmets and carrying batons swarmed the store as others marched through the parking lot."
Al Jazeera: "Health officials say that clashes overnight between police and supporters of Egypt's deposed President Mohammed Morsi have left at least seven people dead in Cairo. Khaled el-Khateib, a senior health ministry official, said that about 261 people were also injured in the violence that broke out late on Monday and carried on into the early morning hours in four different locations in the capital. Mohamed Sultan, the head of Egypt's emergency services, told the Reuters news agency that two people were killed at a bridge in central Cairo and five more in the city's Giza district. The Muslim Brotherhood said that police used birdshot and live ammunition against protesters."
New York Times: "The leader of one of Mexico's most violent and feared drug organizations, the Zetas, was captured Monday in a city near the Texas border, an emphatic retort from the new government to questions over whether it would go after top organized crime leaders. The man, Miguel Ángel Treviño Morales, 40, who goes by the nickname Z-40 and is one of the most wanted people on both sides of the border, was detained by Mexican marines Monday morning...."
New York Times: "A 30-year old Poughkeepsie murder mystery is solved, when the body is found in the basement after the murderer -- the victim's husband -- died."