A “Political Question” (Abu Ghraib)

This is still going on:

A federal court of appels on Friday reinstated a case brought by four Iraqis who allege they were tortured by employees of CACI while they were held at the infamous Abu Ghraib prison during the Iraq War.

The case had been dismissed by a lower court that found the alleged abuses amounted to a “political question” and was beyond the court’s jurisdiction. But the case, which was first filed in 2008, was reinstated by a panel of judges for the U.S. Court of Appeals for the Fourth Circuit.

(Davenport)

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Davenport, Christian. “U.S. Appeals Court reinstates Abu Ghraib prison abuse case against CACI”. The Washington Post. 21 October 2016.

House Boehn

Over the years, one constant is that American conservatives have some of the best potential to actually, genuinely surprise me. In a way, this is predictable; if we suggest it is not simply the positions they hold―e.g., a diverse range of prioritized supremacism―but also the severity and desperation, it only makes sense that it would be conservatives offending me, as there are very few liberal advocates of white, Christian, male, heterosexual supremacism. That sort of thing.

But it happens in other ways, too. Imagine an accurate description of George W. Bush’s presidency, offered as a prognostication the night he was elected. And think of it this way, too―it’s not just the wars. Consider: Vice President Cheney will craft energy policy in secret meetings with people who wreck the energy industry, and then claim executive privilege to hide that record from public scrutiny until it is time to surrender those materials to the National Archives, whereupon he will claim to be part of the Legislative branch of government. Back then, it would have seemed a wild claim. Not that a vice president would hold secret policy meetings and try to hide the record, but to suggest Mr. Cheney would be so damnably stupid as to hide behind executive privilege and then claim to not be part of the executive branch―both claims regarding the same issue―would have seemed an insulting condemnation of his character and intellect alike.

Then again, by the time the Bush/Cheney administration was finished, nothing really seemed surprising, did it?

What about the Speakership of John Boehner?

When he took the gavel, would any of us have imagined this end? What would it have sounded like to predict the worst speakership in the history of the nation? What would people have said of purported clairvoyance spinning tales of such incredible incompetence? Here, try this one: No, we don’t want the President to use his executive authority on immigration; I have a bill. No, we can’t pass our bill; I guess the President will have to use his executive authority. No, the President should not have used his executive authority; we will find a way to sue him in order to stop him.^α

How about Tuesday?

No, really, I made a joke. It wasn’t a good joke; it was an obvious joke about a House Republican Conference so fractious and intractable that the Speaker of the House could not actually manage to do anything useful. And it is a House Republican Conference so fractious and intractable that we now get to find out whether or not Speaker Boehner is capable of merely resigning properly.

Boehner said in a statement that he’ll continue to serve as speaker until the House selects someone to replace him. “We will announce the date for this election at a later date, and I’m confident we will elect a new Speaker in the coming weeks. Our conference will work together to ensure we have the strongest team possible as we continue to focus on the American people’s priorities,” said the Ohio lawmaker.

(Frumin)

This is really happening.

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^α And we’re still waiting for the lawsuit, as I recall.

Frumin, Aliyah. “Kevin McCarthy abruptly drops House speaker bid, race postponed”. msnbc. 8 October 2015.

Nebraska (Belfry Beats Mix)

“In a strongly worded opinion, the judge said it is not up to the court to decide whether homosexuality is sinful.”

―Alissa Skelton

This is just one of those lines we might read and then wonder for ourselves what sort of courses might bring our lives to such a moment. Judge John Gerrard felt the need to say it; Alissa Skelton had every reason to report it.

A federal judge will not allow a Nebraska woman to be a legal spokeswoman for God and his son, Jesus Christ.

Judge John Gerrard dismissed a lawsuit Wednesday filed against all homosexuals ....

.... Gerrard said Driskell lacked subject matter jurisdiction and cannot sue a class of unidentified defendants. Driskell did not set forth a factual or legal basis for a federal claim.

“The United States Federal Courts were created to resolve actual cases and controversies arising under the Constitution and the laws of the United States,” Judge Gerrard said. “A federal court is not a forum for debate or discourse on theological matters.”

The thing is that many journalists have seen entire careers pass without having an opportunity to write lines like these. To the one, we will see more explanations like this as the mass media overflow continues to grow into a market flood. To the other, yes, it really does seem like we are, as a society, dispensing with certain dignities quite suddenly seeming inconvenient as traditional empowerment majorities reel from the shock of learning that their bully privileges are being revoked. In this case, the tacit obligation of actually having a point has stretched so thin a judge felt compelled to make the point specifically.

These should be rare days.

After all, the election cycle is only beginning. Things aren’t supposed to get really strange until the Boone Straw Poll in August. And that’s still a whole state away.

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Image note: Naota winces in sympathy as Ninamori suffers the effects of N.O. (FLCL ep. 3, “Marquis de Carabas”)

Skelton, Alissa. “Federal judge dismisses Nebraskan’s suit against all homosexuals”. World-Herald. 6 May 2015.

Kilgore, Ed. “Ames Straw Poll Leaving Ames”. Washington Monthly. 12 March 2015.

Kansas, Failing to Cope

It is a Kansas thing:

A federal judge Tuesday dismissed a lawsuit alleging that science standards for Kansas public schools promote atheism and violate the religious freedoms of students and parents.

(Associated Press)

There are a number of questions one might wonder about, but perhaps it is time we pause to consider what, exactly, these religious fanatics are doing to their children.

That is to say, we are accustomed to the fundamental argument, and it really does seem a matter of one being unable to tell the difference between unlike things. Thirty years ago groups representing parents, churches, and politicians unleashed a daily spiel about how children were not smart enough to listen to music.

Here’s one: Have you heard Trans Siberian Orchestra? Okay, you know that song they play toward the end of the set, called, “Believe”? It was first recorded in 1990 by Savatage, and describes the epiphany of an unfortunate soul stumbling into the light. But think about that for a minute, one of our best new Christmas songs comes from a band once denounced on a regular basis as being satanic.

Sometimes it seemed a matter of simple jealousy; the “Christian” version of pop music does not seem to carry very far outside its dedicated audience. Those who remember the South Park episode “Faith Plus One”, and the crack about how Christian pop sounded like lust songs about Jesus, need only look back to this time in order to understand where that joke comes from. Brief moments of exposure over the years suggest it hasn’t gotten any better, but if one had to guess without knowing who Stryper was, would “Calling On You” sound like an appeal to salvation or begging for some fumbling teenage intimacy?

It was a futile effort to keep children away from popular music, but it also made one point clear: These people do not believe their kids are smart enough to listen to pop music.

Over the years, religious advocates have humiliated themselves. Christian censorship advocate Bob Larson demonstrated himself unable to comprehend liner notes, and, furthermore, could be caught rewriting the lyrics to some of the songs he complained about in order to make musicians sound scary.

The psychopathology of the underlying parental fear is open to certain argument, but functionally speaking the argument was clear: I do not trust my child to be smart enough to resist what I find objectionable and scary about the music. It is what it is.

But here is a new proposition: I do not trust my chiled to be smart enough to resist what I find objectionable and scary about science.

What Is Caesar’s

Try to follow the latest twists and turns in the CZR debacle—

A Caesars Entertainment Corp. (CZR) creditor group said managers should be stripped of control of the casino company’s operating unit because they looted the subsidiary of billions of dollars in assets.

UMB Bank, trustee for first-lien noteholders owed about $1.25 billion, sued Caesars today in Delaware Chancery Court, repeating allegations made by junior creditors in August.

Today’s suit, the first by senior creditors, came after some of them had agreed on the outline of a debt restructuring plan for the operating unit. The first-lien creditors today asked the court to appoint a receiver for the unit ....

.... Bonderman and the other directors “have thoroughly ransacked CEOC in a sweeping and now transparent plan to take CEOC’s prime assets for themselves and leave its liabilities and creditors behind,” according to today’s filing.

Caesars has said its largest division won’t have enough cash to repay debts by the fourth quarter of 2015 if it can’t restructure its obligations through refinancing, creditor negotiations or bankruptcy.

(Church and Keller)

—and then shrug and tell yourself, “It’s business. Nothing unusual here.”

Now, then, how does that feel?

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Church, Steven and Laura J. Keller. “Caesars Lenders Seek Receiver, Claiming Unit Was Looted “. Bloomberg. 25 November 2014.

Hypocridiocy

Hey did you hear the one about how Speaker Boehner, unwilling to draft articles of impeachment for lack of anything to impeach President Obama over, decided to assuage the hardliners in his party by filing a lawsuit?

All these months later, some might have forgotten, as the Speaker has been unable to actually manage to figure out how to actually build a complaint that won’t be thrown out of court. Indeed, did you hear the one about how the law firm the House hired backed out last month, citing political pressure, which, in the end amounted to the damage the firm would do to its reputation by attempting such a ridiculous stunt?

It is time for an update, and that comes from Josh Gerstein and Maggie Haberman of Politico:

House Speaker John Boehner’s still-unfiled lawsuit against President Barack Obama for exceeding his constitutional power is in more trouble.

For the second time in two months, a major law firm has ceased work on the lawsuit, sources say.

Attorney Bill Burck and the Quinn Emanuel firm halted preparations for the proposed suit in recent weeks, according to two sources familiar with the situation. Last month, the lawyer originally hired to pursue the case, David Rivkin of Baker Hostetler, made a similar abrupt exit.

A spokesman for Boehner declined to discuss the status of the House’s relationship with Burck and Quinn Emanuel. However, spokesman Kevin Smith said Wednesday evening that House leaders are considering having the lawsuit filed by lawyers already on the House payroll.

A Disaster in Mississippi

Those with an ear to murmurings political could not help but hear the ruckus that stirred in recent months over in Mississippi. In a right-wing primary pitting a secessionist Tea Partier against an incumbent conservative Republican, the outcome was decided by black Democrats who turned out at incumbent Sen. That Cochran’s plea in order to reject the secessionist upstart Chris McDaniel.

But that is hardly the strangest historical nugget from the fierce contest that pushed into a runoff after neither candidate achieved the state’s fifty percent threshold. Nor would it be the part where the longtime Beltway figure Cochran tried to play up his folksy charm by recalling indecent liberties taken with farm animals when he was a child.

The most bizarre aspect of the 2014 Mississippi Republican U.S. Senate Primary, far and away, was the break-in scandal. The short form is that somebody broke into a nursing home in order to photograph Cochran’s invalid wife, which pictures turned up in an outside interest’s anti-Cochran television spot.

Four were arrested in that caper, and questions still remain about what degree McDaniel’s campaign was aware of what was going on; their initial comments on the budding scandal at the time proved, well, inaccurate. Nobody has quite figured out what happened there.

But what has happened to the scandal since is that one of the arrested and accused, Mark Mayfield—an attorney and leader of a state Tea Party ogranization—ended his own life.

The family of Mississippi tea party leader Mark Mayfield, who committed suicide last week after facing charges for his alleged connection to the photographing of Sen. Thad Cochran’s (R-Miss) wife, plans legal action against “anyone responsible” for his death, according to The Clarion Ledger.

Authorities arrested Mayfield and two other supporters of Mississippi state Sen. Chris McDaniel (R) on conspiracy charges earlier this year after a blogger allegedly took photographs of Cochran’s bedridden wife, Rose, at a nursing home where she suffers from progressive dementia. The photos were allegedly used for an anti-Cochran political video that was later taken down.

Mayfield’s relatives argue that Madison Police Department officers trespassed when they went to his Ridgeland home after he shot himself on Friday. They say Mayfield’s arrest was politically motivated by supporters of Cochran, who defeated McDaniel in a contentious primary runoff that the state senator has yet to concede.

“It’s the highest degree of abuse of power,” said Ridgeland Alderman Wesley Hamlin, Mayfield’s nephew.

(Bobic)

John Reeves, brother-in-law to the deceased, noted that the arrest cost Mayfield his career as a transactional lawyer: “On the day his picture was in the paper, all three banks called him and said, ‘Mark, you’re fired.’ That devastated him. He lost his business. He had to let his secretaries go.” While one can certainly empathize, there is also something of cynicism that rises in the context of an appeal to emotion; the family is also upset that Mayfield was accused at all, and also at the manner in which he was arrested: “They treated him like a criminal.”