Tuesday, May 26, 2009
Time Shortage
Saturday, May 16, 2009
Logic Tortured
Are Navy SEALS subjected to water boarding as part of their training being tortured?
Holder: No, it's not torture in the legal sense because you're not doing it with the intention of harming these people physically or mentally, all we're trying to do is train them --
Lungren: So it's the question of intent?
Holder: Intent is a huge part.
Lungren: So if the intent was to solicit information but not do permanent harm, how is that torture?
Holder: Well, it... uh... it... one has to look at... ah... it comes out to question of fact as one is determining the intention of the person who is administering the waterboarding. When the Communist Chinese did it, when the Japanese did it, when they did it in the Spanish Inquisition we knew then that was not a training exercise they were engaging in. They were doing it in a way that was violative of all of the statutes recognizing what torture is. What we are doing to our own troops to equip them to deal with any illegal act -- that is not torture.
Ignoring the fact that Spanish Inquisition, the Chinese, and the Japanese were not subject any torture laws, it seems that what is being tortured here is logic.
If Navy Seals are not being tortured, how is it that detainees are being tortured using the exact same method? I think what Holder is trying to say is that it is a question of intent to harm, but neither the terrorists nor the Navy Seals are harmed by the method. So I can't accept that water boarding is torture. If water boarding is deemed to be torture, then maybe we should just ask the terrorist "Pretty please, just tell us what you know." The terrorist says "No." Interrogator says "Ok. You can go."
Friday, May 15, 2009
GOP Obituary?
However, looking at the latest Rasmussen poll, the obituary appears to be premature.
The Dems have been is power for only 5 months and already the public perception is swinging strongly in the GOP's favor.

The economy question is most striking. With the Dems printing and spending money like, well, errr, Democrats, the cumulative point swing is 12. The release of the torture documents produced a swing of 10 points on National Security. The threat of higher taxes produced a swing of 11 points. With a year and half to go to midterm elections, the Dems would be wise to reconsider some of their policies.
Saturday, May 9, 2009
Empathy and the Law

President Obama has said that his main criterion for selecting a SCOTUS judge would be "empathy." Making judgments based on empathy can only lead to lawlessness, i.e., ignoring the law to judge in favor of a preferred group. Nevertheless, we all know that such "empathy-based judgments" have alread occurred - not so much with SCOTUS, but in lower circuit courts. If one does not like the law, one should work to change the law. The role of the courts is to make judgments soundly based in the law or to otherwise determine the constitutionality of a law. If the law is constitutional and one still does not like the law, one should attempt to change the constitution. Empathy should play no role.
Wednesday, May 6, 2009
Specter gets backbenched
It is reported that Specter has been stripped of his seniority and he will now be treated as the most junior senator. I saw the press conference where the Dems assured Specter that he could keep his seniority, but now that he has switched, Reid is treating him like dirt.
Specter started out as a Dem long ago, but switched parties to run for some office in Philadelphia. Congresspersons :) occasionally switch parties, but most do it for political opportunity rather than political conviction. Specter is an opportunist that the Republicans are glad to be rid of (despite public statements to the contrary), and it appears the Dems don't trust him either.
He has been put on the junior varsity squad, the B team, the 5th quarter squad, and I am amused to see it.
I think he will lose the next election, whether it be in the Democrat primary or in the general election. I think the voters will not be amused by his fickleness.
