The Commentariat -- Sept. 3, 2015
Defunct video removed.
Afternoon Update:
Alan Blinder of the New York Times: "A federal judge [in Ashland, Ky.,] on Thursday ordered a Kentucky clerk jailed for contempt of court because of her refusal to issue marriage licenses to same-sex couples. The clerk, Kim Davis of Rowan County, was ordered incarcerated after a hearing here before Judge David L. Bunning of Federal District Court." ...
... Mike Wynn & Chris Kenning of the Louisville Courier-Journal: "The court is expected to reconvene at 1:45 p.m. [CT], when Davis' deputies will tell the judge whether they will comply with the order or risk jail."
AP: "The white man accused of killing nine black churchgoers during a Bible study will face the death penalty, according to court documents filed Thursday. The documents said prosecutors would pursue the death penalty against Dylann Roof, 21, because more than two people were killed, and that others' lives were put at risk."
Robert Costa of the Washington Post: "... Donald Trump will sign a pledge Thursday to support the GOP nominee in next year's general election, effectively ruling out a third-party or independent run, according to two Republicans familiar with the move." ...
... Paul Waldman: "Since the pledge would be happily violated by the only candidate who it was designed to constrain in the first place, it has little practical significance. But it does make the Republican Party look pathetic. They're so scared of the guy leading their primary race (as well they should be) that they have to beg him to pinkie-swear that he won't turn around and screw them over in the general election...."
Deflategate Punctured. Ken Belson of the New York Times: "In a major setback for the prevailed in his battle to have his four-game suspension overturned on Thursday, as a federal judge reversed a ruling by Commissioner Roger Goodell to bench one of the league's biggest stars in a dispute over underinflated balls he used in a January championship game. Judge Richard M. Berman of Federal District Court in Manhattan did not rule on whether Brady tampered with the footballs in a bid for competitive advantage. Instead, he focused on the narrower question of whether the collective bargaining agreement between the N.F.L. and the players union gave Goodell the authority to carry out the suspension, and whether Brady was treated fairly during his attempt to have his suspension overturned."
, New England Patriots quarterback Tom Brady*****
Jonathan Weisman of the New York Times: "Senator Barbara Mikulski of Maryland on Wednesday came out in support of President Obama's Iran nuclear accord, the 34th Democrat in favor. Her decision gave Mr. Obama the votes needed to assure the deal will survive a congressional challenge.... With momentum on their side, the White House and Senate Democrats hope to find seven more votes next week to filibuster the Republican resolution of disapproval. That would ensure the resolution would never leave the Senate, and Mr. Obama would not be forced to use a veto." ...
... Carl Hulse & David Herszenhorn of the New York Times: "One after another, lawmakers pointed to the warnings from foreign leaders that their own sanctions against Iran would be lifted regardless of what the United States did. But the president's potentially legacy-defining victory -- a highly partisan one in the end -- was also the result of an aggressive, cooperative strategy between the White House and congressional Democrats to forcefully push back against Republican critics, whose allies had begun a determined, $20 million-plus campaign to kill the deal." ...
... Jennifer Steinhauer of the New York Times: "With President Obama securing the votes Wednesday needed to assure the Iran nuclear accord will survive congressional challenge, Republicans are considering legislative options to counter the deal, including the possible reimposition of sanctions the agreement is supposed to lift."
... Julie Davis of the New York Times: In Northwest Alaska, "climate change is not a political talking point or a theoretical scientific phenomenon but a punishing everyday reality. Some communities are sinking into the water, as erosion and melting permafrost wash away their foundations. It was here that President Obama arrived on Wednesday to deliver his alarm-sounding message about the warming of the planet -- a phenomenon occurring twice as quickly in Alaska as in the rest of the United States -- bringing with him promises of new aid for Arctic communities whose shorelines and infrastructure are crumbling because of rising temperatures. In a history-making stop -- the first presidential visit to Arctic Alaska -- Mr. Obama delivered a speech laying out new federal efforts to help these communities cope with coastal erosion and high energy costs and, in some extreme cases, relocate altogether." ...
Dan Lamothe of the Washington Post: "The Army announced Wednesday that it is opening its legendary Ranger School to women on a full-time basis, following the historic graduation last month of two female soldiers. The school, with headquarters at Fort Benning, Ga., has been a centerpiece of the military's ongoing research on integrating women into more jobs in combat units."
Я Kidz Я Dum. Nick Anderson of the Washington Post: "Scores on the SAT have sunk to the lowest level since the college admission test was overhauled in 2005, adding to worries about student performance in the nation's high schools."
E. J. Dionne on violence & racism: "... politicians and, yes, even political commentators have an obligation: to try to make things better, not worse. There is always a choice between the politics of resentment and the politics of remedy." So Ted Cruz -- who is also a big fat liar -- & Bill O'Reilly should STFU or change their tactics.
Welcome, Plaintiffs! Linda Greenhouse: Conservative judges find creative ways to establish "standing" in order to allow plaintiffs to bring suits against the Obama administration "modern regulatory state."
A 180-Foot Pope. Emily Rueb of the New York Times: The Diocese of Brooklyn has commissioned "possibly the largest hand-painted mural of [Pope] Francis ever done" at 494 Eighth Avenue. The billboard "towers over Madison Square Garden, where Francis will celebrate a Mass on Sept. 25...." CW: It's no 900-foot Jesus but still pretty cool.
Anemona Hartocollis, et al., of the New York Times: "Desperate migrants poured into the Keleti train station in Budapest on Thursday morning but were prevented from traveling to Germany as Hungary's prime minister, Viktor Orban, said that the migration crisis was a 'German problem' and that Europe had a moral duty to tell migrants not to come. The comments by Mr. Orban, and the scenes of chaos at Keleti, which has emerged as a potent symbol of Europe's struggle to come to terms with the migration crisis, highlighted Europe's lack of preparedness to cope with an influx of refugees from Africa, the Middle East and elsewhere." ...
... Rick Lyman & Dan Bilefsky of the New York Times: "A ragged metropolis of thousands of weary and bedraggled migrants continued to rise [in Budapest, Hungary,] on Wednesday in the labyrinth of underground passageways outside Keleti train station. The Hungarian authorities, saying they were merely obeying European migration regulations, continued to keep migrants out of the station, despite having allowed thousands onto westbound trains on Monday. At the same time, the desperate migrants fleeing war and poverty in the Middle East, Africa and Afghanistan -- most of them hoping to reach Germany -- continued to pour over the Hungarian border from Serbia. The construction of a razor-wire fence seems to have barely slowed them down." ...
... Ishan Tharoor of the Washington Post: "Twelve migrants thought to be Syrian refugees were feared to have drowned off the coast of the Greek island of Kos on Wednesday after the boats carrying them sank. A number of bodies washed ashore on a beach in the Turkish resort town of Bodrum, probably connected to the disaster. The images of the dead, captured by Dogan News Agency, soon circulated on social media. They included, most hideously, photographs of children.... The scale of the Syrian refugee crisis is hard to grasp: About 11 million people (half of Syria's population) have either died or fled their homes since the Syrian conflict began in 2011. About 4 million of that number have been forced out of the country."
Edward Wong, et al., of the New York Times: "President Xi Jinping of China announced on Thursday that he would reduce the country's military personnel by 300,000, using a parade marking 70 years since the end of World War II to present the People's Liberation Army as a force for peace and regional stability. The Chinese military has more than two million members, and Mr. Xi has embarked on an accelerated modernization of the armed forces, which would shift spending from the traditional land forces to more advanced sea and air forces, which require fewer but better trained personnel."
Annals of "Journalism," Ctd. Par for the Course. CW: Ben Terris, the Washington Post reporter most famous for accidentally ending Rep. Aaron Schock's career by marvelling at Schock's taxpayer-funded "Downton Abbey" office decor, now has a piece on Donald Trump's golf game, citing different sources who claim he cheats (or doesn't cheat). I wasn't going to link the story till I read digby, who cites this graf from Terris's report:
Trump has shown that his candidacy is immune to the types of attacks that can bring down normal Republican candidates. He's on record mocking a war hero and praising Nancy Pelosi, he's advocated for higher taxes, donated to Democrats and called for single-payer health care. None of that has mattered. But does his golf history provide opponents with the opening they need? ...
... digby: "They have totally accepted the fact that calling Mexican immigrants rapists and criminals, proposing to deport millions of people (including American children), talking about women like dirt, starting trade wars and real wars isn't something that would bring down 'normal' Republican candidates. That's just par for the course these days. Praising nancy Pelosi, however, would 'normally' bring down any candidate."
Presidential Race
I am not a populist. But Bernie Sanders, he's doing a helluva job. -- Joe Biden, at a Democratic Senatorial Campaign Committee fundraiser in Miami
... Jordain Carney of the Hill: "Sen. Elizabeth Warren (D-Mass.) on Wednesday declined to say whether she and Vice President Joe Biden discussed a potential joint 2016 ticket during a meeting late last month. 'It was a long conversation,' she said after pausing briefly when asked during an event at Suffolk University in Boston whether the subject was brought up even jokingly."
Thanks, GOP! Patrick Healy of the New York Times: "... as she seeks the Democratic presidential nomination, [Hillary] Clinton is struggling with declining poll numbers, questions about her honesty and doubts about her ultimate electability. And once again her Republican rivals are allowing her to turn their own words against them in ways that could help win over some of her skeptics. Branding Mexicans as rapists, calling the children of immigrants 'anchor babies,' decrying abortions for rape and incest victims, threatening to shut down the government over federal aid to Planned Parenthood -- Republicans are giving Mrs. Clinton a political advantage as she tries to divert attention from her woes and bounce back from a politically challenging summer." ...
... Carol Leonnig & Tom Hamburger of the Washington Post:Bryan Pagliano, "a former State Department staffer who worked on Hillary Rodham Clinton's private e-mail server tried this week to fend off a subpoena to testify before Congress, saying he would assert his constitutional right not to answer questions to avoid incriminating himself." The letter to the House Benghaaazi! committee from Pagliano's attorney "quoted a Supreme Court ruling in which justices described the Fifth Amendment as protecting 'innocent men ... "who otherwise might be ensnared by ambiguous circumstances."'.... The committee's ranking Democrat, Rep. Elijah Cummings (D-Md.), complained yesterday that [chairman Trey] Gowdy [RTP-S.C.] unilaterally issued the subpoena. He said the subpoena of a low-level aide is one of several signs that Gowdy is using the committee for the political purpose of trying to smear a Democratic presidential candidate."
Maggie Haberman of the New York Times: "Senator Bernie Sanders is on the verge of signing a joint fund-raising agreement with the Democratic National Committee, his aides said, a week after Hillary Rodham Clinton entered such an arrangement with the party."
Kareem Abdul-Jabbar, in a Washington Post op-ed, contrasts Donald Trump's & Bernie Sanders' responses to uncomfortable public challenges: "Two roads diverged in a political wood, and one man took the road of assaulting the Constitution and soon will be lost forever. The other will be a viable candidate who, regardless of whether he wins the nomination, will elevate the political process into something our Founding Fathers would be proud of." ...
... Donald Trump's response to Abdul-Jabbar, handwritten on a copy of the essay: "Dear Kareem, Now I know why the press always treated you so badly -- they couldn't stand you. The fact is that you don't have a clue about life and what has to be done to make America great again! Best wishes, Donald Trump." Includes photo of Trump's note. ...
... Abdul-Jabbar: "Trump's response to my piece is the best, though inelegant, support for my claims. Here again, he attacks a journalist who disagrees with him, not by disputing the points made but by hurling schoolyard insults such as 'nobody likes you.' Look behind the nasty invective and you find an assault on the Constitution in the effort to silence the press through intimidation."
Jonathan Martin of the New York Times: "Responding to growing pressure from party donors and officials to dissuade Donald J. Trump from mounting an independent campaign for president, the Republican National Committee on Wednesday asked each of the party's presidential candidates to sign a statement vowing not to run as a third-party candidate. With little warning, committee officials called and emailed campaign representatives requesting that they put in writing what every candidate, except for Mr. Trump, has already pledged to do." ...
... The Politico story, by Alex Isenstadt, is here.
I like Jeb. He's a nice man. But he should really set the example by speaking English while in the United States. -- Donald Trump
Because speaking to people in their first language is so rude, even if it helps win elections. -- Constant Weader
Donald Trump is trying to insult his way to the presidency.... To say you can only speak English is kind of ridiculous, if you think about it.... This is a diverse country. We should celebrate that diversity and embrace a set of shared values. Mr. Trump doesn't believe in those shared values. He wants to tear us down. He doesn't believe in tolerance. He doesn't believe in the things that have created the greatness of this country. -- Jeb!, Thursday
... Turns out Jeb! isn't feuding only with the Donald. He is also heavily into a smackdown contest with Stephen Colbert. In English!
Ben Kamisar of the Hill: "Ohio Gov. John Kasich said he backs a 'reasonable' federal minimum wage increase Tuesday, becoming one of the few GOP presidential candidates to do so.... He declined to get into the specifics of a proposed increase, noting Ohio's 'gradual' minimum wage that moves with the consumer price index."
Peter Suderman of the libertarian Reason: Scott "Walker is running a pandering, cringe-worthy campaign marked by a consistent inability to clearly articulate, and stick to, his own positions.... This is the Walker campaign playbook: Say something awkward or ill-advised, watch as the media swarms to cover it, then insist that there was never anything to see.... This sort of flip-flopping, what might generously be called policy confusion, has dogged Walker's campaign essentially from the moment it began." CW: And that's what a would-be supporter thinks.
Ed Kilgore: Ben Carson's soothing bedside manner masks the crazy.
Danica Coto of the AP: "Republican presidential hopeful Marco Rubio is scheduled to visit the U.S. territory of Puerto Rico this week, his staff said Tuesday.... Rubio's one-day visit will coincide with that of Democrat Hillary Clinton." CW: Oh noes! I hope they don't set & bad example & speak Spanish there!
Jeremy Peters of the New York Times: "Senator Marco Rubio of Florida said on Wednesday that the government should respect the beliefs of the Kentucky county clerk who has denied marriage licenses to same-sex couples, saying society needs to accommodate public officials who object to carrying out duties they say violate their religious beliefs." CW: Yo, Marco, there already is a way to respect her beliefs: just like any conscientious objector, she can refuse to serve & quit her job. Do you think the military paid conscientious-objector draftees when they refused to serve? Pandering is so often blatantly stupid.
As a public official, comply with the law or resign.... The rule of law is the rule of law.... I appreciate her conviction, I support traditional marriage, but she has accepted a job where she has to apply the law to everyone.... -- Sen. Lindsey Graham, on the right-wing Hugh Hewitt radio show (no link), thus inadvertently demonstrating that Marco hasn't met the minimum qualifications to be president
Gubernatorial Race
Philip Bailey of the Louisville Courier-Journal: "Republican gubernatorial candidate Matt Bevin said during a national conference call Tuesday he fully supports Rowan County Clerk Kim Davis' right to refuse gay couples seeking marriage licenses. 'I absolutely support her willingness to stand on her First Amendment rights,' he said. 'Without any question I support her.'The strong defense of Davis' actions underscores how the GOP nominee hopes to make the fight over gay marriage a centerpiece of the 2015 governor's race, which polling shows is a tight race between him and Democratic nominee Jack Conway." ...
... Ed Kilgore: "Bevin does, however, have a broader vision: like his junior senator, Rand Paul, he's talking about getting government out of the marriage business altogether.... It may take Bevin a while to explain to regular Kentuckians that they should no longer be in state-sanctioned marriages because some county clerk wants to get paid to do some but not all of her job.
Beyond the Beltway
Ryan Felton of the Guardian: Kim Davis is "not the only defecting clerk in Kentucky. Two other clerks, Casey Davis of Casey County and Kay Schwartz of Whitley County, are also still refusing to perform same-sex marriages." CW: Yo, Ryan, Kentucky clerks don't perform marriages; they issue marriage licenses. That's a difference with a distinction. According to Kentucky law (which still has a specific prohibition against same-sex marriage).
Marriages shall be solemnized only by clergy, justices and judges of the Court of Justice; retired justices and judges of the Court of Justice, except those removed for cause or convicted of a felony; county judge/executives; such justices of the peace and fiscal court commissioners as the Governor or the county judge/executive authorizes, and certain religious societies.
... Scott Lemieux in LG&M: "It may seem like cheap shot to bring up her serial marriages, but I don't think it is. The tendency to be more rigorous about enforcing biblical principles when they impose burdens on others than when they impose burdens on you is one of the many reasons we don't want state officials selectively applying the law according to their own 'principles.'" ...
... CW: Exactly right. There are plenty of people, no doubt some of them license-issuing clerks, who genuinely believe divorce is a sin & remarriage to another person is a worser sin, as some major churches like the Roman Catholic one hold. But those clerks, however deep their religious convictions, cannot deny a license to someone like Kimmy there who applied to marry her second husband after divorcing her first husband while pregnant with the children of her third husband.
She's not being asked to perform a sacrament, she is tasked with ascertaining that the people in front of her, the couple in front of her, have a legal right to get married and to provide them with that license. She is not a minister. She actually thinks she works for God there in the county courthouse, when she actually works for Caesar -- and someone needs to acquaint her with that fact. -- Dan Savage, on Rowan County, Kentucky Clerk Kim Davis
CW: Finally (I wish), here's another problem for Kim of God, & it might be the biggest, baddest one there is: her oath of office:
I ... do swear that I will well and truly discharge the duties of the office of .............. County Circuit Court clerk..., and that I will not knowingly or willingly commit any malfeasance of office, and will faithfully execute the duties of my office without favor, affection or partiality, so help me God.
... As Dan Savage might put it, she swore to God she would carry out Caesar's law. In the Gospel of Mark 12, Jesus makes the clear distinction. Paul, in Romans 13, is even more direct:
Let everyone be subject to the governing authorities, for there is no authority except that which God has established. The authorities that exist have been established by God. Consequently, whoever rebels against the authority is rebelling against what God has instituted, and those who do so will bring judgment on themselves.... For the one in authority is God's servant for your good.... But if you do wrong, be afraid, for rulers do not bear the sword for no reason. They are God's servants, agents of wrath to bring punishment on the wrongdoer. Therefore, it is necessary to submit to the authorities, not only because of possible punishment but also as a matter of conscience.
... The authors of these rules wrote them specifically to inoculate believers like Kim from fear of following secular (Caesar's) laws that did not comport with their own Christian views. Since she doesn't seem to read the New Testament much (& I have a feeling she doesn't check in here), somebody should tell Kim.
Lynh Bui & Ovetta Wiggins of the Washington Post: "Six officers charged in the arrest and death of Freddie Gray will have separate trials, a judge decided Wednesday, one of three rulings issued during the first Circuit Court hearing in the closely watched case. Judge Barry G. Williams also denied defense motions to dismiss charges against the officers or force Baltimore State's Attorney Marilyn J. Mosby and her staff to recuse themselves from the case."
More in Responsible Gun Ownership. Reuters: "A 19-year-old Texas man who was posing with a gun for a social media selfie photo accidentally shot himself and died from the wounds, Houston police said on Wednesday."
News Ledes
AFP: "Embattled Guatemalan President Otto Perez announced his resignation Thursday, after a warrant was issued for his arrest for allegedly masterminding a huge fraud scheme."
New York Times: "Five Chinese Navy ships were sailing in international waters of the Bering Sea off the coast of Alaska on Wednesday, in what Pentagon officials said was the first such foray by Beijing. The move came on the last day of President Obama's three-day visit to Alaska.... The White House said that the intent of the Chinese operation was unclear, but that the Pentagon had not detected any threatening activities."