Coyote Blog

I have always wondered how people could describe European countries as more egalitarian than the US.  Yeah, I know the income distribution tends to be flatter, but that is almost entirely because the rich are richer in the US rather than the poor being poorer.  But pure income distribution has always seemed like a terrible way to make comparisons.  My perception has always been that class lines in Europe are much harder than they are in the US.  The elites in Europe have made a sort of arrangement in which they pay off the masses with an income floor and low work expectations in turn for making sure that none of the masses can in turn challenge their elite status or join their ranks.  The government protects large corporations form competition, foreign or domestic.  The government protects existing laborers against new entrants into the labor market.  The government makes it virtually impossible for the average guy to start a business.  The result is a lower and middle class who won't or can't aspire to breaking out of their class.  Elites are protected, and no one seems to care very much when political elites enrich themselves through public office and then entrench themselves and their families in the power system.  This, presumably, is why the American political class thinks so much of the European model.

Bryan Caplan writes via Marginal Revolution:

In the U.S., we have low gas taxes, low car taxes, few tolls, strict zoning that leads developers to provide lots of free parking, low speed limits, lots of traffic enforcement, and lots of congestion.

In Europe (France and Germany specifically), they have high gas
taxes, high car taxes, lots of tolls, almost no free parking, high
speed limits (often none at all), little traffic enforcement, and very
little congestion. (The only real traffic jam I endured in Europe was
trying to get into Paris during rush hour. I was delayed about 30
minutes total).

If you had to pick one of these two systems, which would you prefer?
Or to make the question a little cleaner, if there were two otherwise
identical countries, but one had the U.S. system and the other had the
Euro system, where would you decide to live?

Much as it pains me to admit, I would choose to live in the country
with the Euro system. If you're at least upper-middle class, the
convenience is worth the price. Yes, this is another secret way that
Europe is better for the rich, and the U.S. for everyone else.

Oh, those wacky guys on the UN "Human Rights" Council.  They are now looking to Saudi Arabia as a model for protection of individual rights:

The top U.N. rights body on Thursday passed a resolution proposed by
Islamic countries saying it is deeply concerned about the defamation of
religions and urging governments to prohibit it.

The European Union said the text was one-sided because it primarily focused on Islam.

The U.N. Human Rights Council, which is dominated by Arab and other
Muslim countries, adopted the resolution on a 21-10 vote over the
opposition of Europe and Canada....

The resolution "urges states to take actions to prohibit the
dissemination ... of racist and xenophobic ideas" and material that
would incite to religious hatred. It also urges states to adopt laws
that would protect against hatred and discrimination stemming from
religious defamation.

Saudi Arabia said, "Maybe Islam is one of the most obvious victims of aggressions under the pretext of freedom of expression."

"It is regrettable that there are false translations and
interpretations of the freedom of expression," the Saudi delegation
told the council, adding that no culture should incite to religious
hatred by attacking sacred teachings.

Hat tip:  Yet another Weird SF Fan

Update:  I am kind of amazed the irony is lost on some folks, so I guess I need to be more explicit:  I found it depressing that the UN Human Rights Council is calling for limits on speech.

I am finding Andrew Coyne's live blog of the Canadian hate speech "trial" to be endlessly fascinating.  Imagine taking the the most self-important but dysfunctional local school board you can find, give them a knowledge of court procedure and the rules of evidence mainly through watching People's Court reruns, and put them in charge of enforcing speech and censorship, and you will about have duplicated this proceeding.

Interestingly, the current evidence being entered in the proceeding seems to be blog comments made on non-Canadian blogs.  Every so often, we have to go through an educational process with the MSM to help them understand that commenters on blogs do not necessarily represent the opinion of the blogger.  It may be OK to use blog comments as evidence that the community at the Free Republic or the Democratic Underground are loony, but not to say that blogger X or Y is a racist because racist comments have been posted on his blog.

It appears that the government of Canada needs a similar education, but I can see this being hard to do.  Remember, each of the hearing "judges" are essentially people who make their living as government censors.  Their job is wiping out speech with which they do not agree.  It is therefore quite likely difficult for them to comprehend that many bloggers (like myself) have no desire to edit or control the content of our commenters.

A popular anti-immigrant tactic in Arizona is to try to ban day laborers from public places.  Though it's not how I would choose to sell my labor, many people choose to advertise and sell their labor from street corners and in public spaces.  And many of these folks, contrary to common perceptions, are legal residents of this country.

Here is a bit of good news:

A federal judge on Monday issued a temporary order blocking the town
of Cave Creek from enforcing a law aimed at stopping day laborers from
gathering on streets to look for work.

In her ruling, U.S. District Judge Roslyn Silver found that the
ordinance is an unconstitutional restriction of free speech, and that
the possibility of irreparable harm exists.

"Plaintiffs, as day laborers, face not only the loss of First
Amendment freedoms, but also the loss of employment opportunities
necessary to support themselves and their families," Silver wrote in
the ruling.

Andrew Coyne is live-blogging the Mark Steyn inquisition.  Check it out.

A few snippets:

10:16 AM
They're going to call, among others, Dr. Andrew Rippon,
professor of Islamic Studies at the University of Victoria, to show
that Steyn has misunderstood the relationship between the Koran and
Islamic society. Well, that's as may be. Would be a good subject for
debate. But why exactly does that require the state to adjudicate it?...

10:57 AM
Just coming back from a break. Lots of media interest, it seems: CBC, CTV (I'm told), the National Post, local media, and a guy from the New York Times,
who's doing a piece comparing how the two countries' legal systems deal
with speech cases. Needless to say, he can't believe what he's
witnessing"¦

11:04 AM
Under Section 7.1, he continues, innocent intent is not a defence, nor
is truth, nor is fair comment or the public interest, nor is good faith
or responsible journalism.

Or in other words, there is no defence.

Andrew Coyne is live-blogging the Mark Steyn inquisition.  Check it out.

A few snippets:

10:16 AM
They're going to call, among others, Dr. Andrew Rippon,
professor of Islamic Studies at the University of Victoria, to show
that Steyn has misunderstood the relationship between the Koran and
Islamic society. Well, that's as may be. Would be a good subject for
debate. But why exactly does that require the state to adjudicate it?...

10:57 AM
Just coming back from a break. Lots of media interest, it seems: CBC, CTV (I'm told), the National Post, local media, and a guy from the New York Times,
who's doing a piece comparing how the two countries' legal systems deal
with speech cases. Needless to say, he can't believe what he's
witnessing"¦

11:04 AM
Under Section 7.1, he continues, innocent intent is not a defence, nor
is truth, nor is fair comment or the public interest, nor is good faith
or responsible journalism.

Or in other words, there is no defence.

I think this is about right:

More and more, it looks like the real crime of the Fundamentalist
Church of Jesus Christ of Latter Day Saints is being different and ...
well ... creepy. The FLDS has apparently been targeted for destruction because its tenets and practices rub America's increasingly intolerant soccer moms and suburban dads the wrong way.

We just can't let people live that way!

I'm as weirded out by the Persian-harem-via-How The West Was Won
ambience that clings to the FLDS as the next guy, but I want
allegations of abuse against the group to be (fancy this) based on
actual evidence, and addressed on an individual basis, rather than as
an excuse for a pogrom. That is, as weirded out as we all may be, you
prosecute the actual abusers among the oddball minorities (as well as
the bland majorities) and leave everybody else the hell alone.

Next thing you now, we'll be locking up college lacrosse players just because they are rich white guys.

Kevin Drum is discussing a book by Larry Bartels that argues the bottom third of the US population (as measured by income) are disenfranchised, as their preferences seem to have no discernible effect on legislative votes.  I have not read the book, but I find this an astounding assertion on its face, particularly given that the US government is nearly entirely paid for by the other 2/3.  We exploiters don't seem to be doing a very good job of taking advantage of our oligarchy.  (By the way, if "oppressed" is defined as having one's preferences have no impact on Congressmen, then add us libertarians into the oppressed).

On the other hand, I would say that if an affluent neighborhood had 50,000 of its citizens per month randomly stopped and frisked in the street, we might see a little more pressure for police and prosecutorial reform.  I just finished Cop in the Hood, in which Peter Moskos spends a good portion of the book discussing these same issues of probable cause and street searches.

Anyone who still believes that campaign finance "reform" is really about cleaning up politics rather than protecting incumbents and government entities from challenge and dissent need to read George Will's column this week.

The First Amendment guarantees freedom of association, "the right of
the people peaceably to assemble, and to petition the government for a
redress of grievances." The exercise of this right often annoys
governments, and the Parker Six did not know that Colorado's
government, perhaps to discourage annoyances, stipulates that when two
or more people associate to advocate a political position, and spend
more than $200 in doing so, they become an "issue committee."

As such, they probably should hire a lawyer because even Colorado's
secretary of state says the requirements imposed on issue committees
are "often complex and unclear." Committees must register with the
government; they must fund their activities from a bank account opened
solely for that purpose; they must report to the government the names
and addresses of all persons who contribute more than $20; they must
also report the employers
of plutocrats who contribute more than $100; they must report non-cash
contributions such as lemons used for lemonade, and marker pens and
wooden dowels for yard signs.

McCain-Feingold makes it impossible for me to vote for McCain.  Of course, other such issues make it impossible for me to vote for the other two yahoos either.  Siqh.

At San Tan Flats, you can dance if you want to:

Outdoor dancing is now allowed at San Tan Flat.

Pinal County Superior Court Judge William O'Neil Wednesday
overturned the decision of the county board of supervisors that said
the restaurant was operating illegally by allowing patrons to dance to
live music on its back patio.

The case, which stretched over two years, drew national attention.

The supervisors' decision stemmed from a 1962 ordinance that banned outdoor dance halls.

Dale Bell, owner of the restaurant, contended the county violated his rights to run his business.

He sued the county for $1.

"That $1 is about freedom and about civil liberties and the government not being allowed to overreact," Bell said Wednesday.

Pinal County threatened to fine Bell $700 for each day he violated the ordinance.

Apparently, the State of Texas is still trying to figure out what to do with those 400+ kids rounded up at the YFZ Ranch.  I don't really know enough about the case to comment on whether these kids were victims or not, though from reading this the evidence looks thin.

Here is my concern.  About 15 years ago I sat on a jury in Dallas.  The particular case was a child abuse case, with the state alleging a dad had sexually assaulted his daughter.  The whole case took about 3 days to present and it took the jury about 2 hours to find the guy innocent, and it took that long only because of one holdout.

The reason we found him innocent so quickly is because it became clear that the state had employed Janet Reno tactics (the Miami method, I think it was called) to put pressure on the child over a period of 6 months to break her out of her position that her dad had done nothing.  (By the way, is anyone else flabbergasted that Janet Reno, of all people, is on the board of the Innocence Project?).

Anyway, the dad was first arrested when the teenage babysitter told police that the daughter was behaving oddly and it seemed just like a story she had seen on Oprah.   Note, the babysitter did not witness any abuse nor did the girl mention any abuse to her.  She just was acting up one night.  At trial, the babysitter said her dream was to have this case propel her to an Oprah appearance of her own (I kid you not).

On that evidence alone, the state threw the dad in jail and starting a 6 month brainwashing and programming process aimed at getting the girl to say her dad abused her.  They used a series of negative reinforcements whenever the girl said dad was innocent and offered positive reinforcements if she would say dad had said X or Y.  Eventually, the little girl broke and told the state what they wanted to hear, but quickly recanted and held to the original story of her dad's innocent, all the way through the trial.

So, as quickly as we could, we set the dad free  (the last jury holdout, interestingly, was a big Oprah fan).  No one ever compensated for states abuse of the dad, and perhaps even worse, the states psychological abuse of his daughter.  I know nothing of what became of them, but I hope they are all OK.  I guess its lucky he did not get convicted, because while the Innocence project has freed a lot of people in Dallas, it sure is not going to work on this type of case with Janet Reno on its board.

Coming back to the YFZ case, I am worried that the state seems to be wanting to hold the kids for as long as possible, presumably to apply these methods to start getting kids to adopt the stories of abuse prosecutors want to hear.  In some ways, the YFZ case is even more dangerous from a prosecutorial abuse standpoint.  That is because there are a large number of people who think that strong religious beliefs of any type are, well, weird, and therefore are quicker to believe that other weird behavior may also be present.

.... Uh, never.  Except of course at Colorado College, according to Amanda Udis-Kessler, Colorado College's Director of Institutional Research and Planning:

Social inequality is deeply grounded in a lack of respect-for women,
people of color, lesbian and gay people, and others. When we choose to
curtail our freedom to disrespect others in order to build a meaningful
society, we have made a mature and wise choice-and one that college
should help us learn.

The rest of the post is a roundup of the fallout over the punishment by the university of a parody of a campus feminist publication.  Basically, the argument boils down to the feminists feeling "dissed" and arguing that being dissed is a sufficient reason to curtail speech if one is in a protected group.   But remember this plea by the Colorado College feminists:

But please stop fabricating a story about humorless, offended feminists silencing men's free speech.

Oh, okay.

There are enough cases of this new theory of speech running around, that speech may be curtailed if someone in a protected group feels hurt or challenged by the speech, for real concern.  It is the same theory at the heart of the kerfuffle in Canada over the human rights commission's attack on conservative magazines and bloggers, and the same theory in the recent New Mexico decision that a photographer cannot choose not to photograph gay marriages.

I am becoming convinced that the frequent discussion of "diversity" among the leftish elite is really a mask for the fact that true diversity is in fact what they want to avoid.  By defining diversity along the least meaningful lines - e.g. skin color and type of genitalia - they mask the fact that what leftish technocrats hate the most is variation in thought.  After all, why have we been spending all that money on government schools all these years if it wasn't to generate such conformity? 

Michael Young sees Obama's recent anti-flyover-country snobbery in the same light:

While Obama is indeed engaging in spin, there is a far more
disturbing aspect to his interpretation. He misses the essential nature
of modern culture. People don't end up focusing on issues like the
right to bear arms, gay marriage, faith-based and family-based issues,
and the like, because of bitterness against Washington or a sense that
they can't effect change there. People focus on these issues because
modern American political culture is, effectively, about subcultures,
variety, pursuing parochial aims, and shaping one's identity and
personal agendas independently of the state. 

What Obama
implicitly regards (in both his statements) as signs of disintegration,
as reflections of popular frustration, are in fact examples of a
thriving culture. Exceptions to this, of course, are anti-immigration
sentiment and bigoted protectionism, both of which Obama conveniently
dropped in his Indiana comments. Yet Obama's approach betrays a very
suffocating vision of the state as the be-all and end-all of
political-cultural behavior. Outside the confines of the state there is
no salvation, only resentment. This is nonsense, but it also partly
explains why Obama is so admired among educated liberals, who still
view the state as the main medium of American providence.

Don't buy property in Paradise Valley (a suburb of Phoenix, near Scottsdale) if you actually expect the property to be fully your own.  Even the smallest revisions of your home can require multiple appearances in front of the town council.  By some odd statistical anomaly, property owners with friends in the city government seem to get these changes approved more readily than those without such influence. 

Anyway, things just get worse if you own a lot of land in PV. 

A residents group is preparing to launch a voter referendum against the
planned Ritz-Carlton, Paradise Valley Resort, claiming the project's
residences are too dense....

Scottsdale-based Five Star Development wants to build a 225-room resort
hotel, 15 1-acre home sites, 46 luxury detached homes and 100 patio
homes on about 105 acres northwest of Scottsdale Road and Lincoln Drive.

This really isn't very high density, but this can be a very flaky town.  One thing you have to realize is that I can't remember the last new home I saw go up in PV that was less than 5000 sq ft and 10,000+ sq ft is not at all unusual.  This may be one of the few cases where a town is trying to keep out the Ritz Carlton because its customers will bring down the neighborhood, lol, but that is exactly what is at work here, in part. 

Now I know you think I am exaggerating when I say the locals are worried about a Ritz-Carlton bringing down the neighborhood by attracting the unwashed, but here is the Zillow sales page for the area -- the vacant lot in the lower right is the property in question.

This piece of land has been empty and zoned for a resort for years.  I know it was zoned for a resort long before this sale because I was stuck in traffic court all day and had nothing to stare at but the town zoning map  (don't ever speed when crossing PV).  The buyers purchased this land several years ago (I think from the Wrigley family) after ensuring the zoning was solid.  If the town's residents wanted something else on the lot, they should have bought it themselves.  But it is ever so much cheaper to instead use your political influence to tell other people what they can and can't do with their property.

Another thought:  It is nearly an article of faith among libertarians that devolving government to the smallest possible unit enhances freedom.  Well, here is an example where it does not.  Not state or even city would pass a ballot resolution to change the zoning on one small piece of land.  But it is entirely possible this could pass in a town of just a few thousand people.

While I find the torture recommendations in John Yoo's memos awful, they worry me less than the general assumptions embodied in them about presidential power.  After all, the issue of allowable tortures is a narrow issue that can be dealt with efficiently through Congressional legislation, and is almost certainly something to be disavowed by the next administration.

Based on historical precedent, what is less likely to be disavowed by the next administration are the broader definitions of presidential power adopted by GWB.  It is in this enhanced theory of presidential power where the real risk to the nation exists, and, unfortunately, there are all too few examples since George Washington's declining to run for office a third time of president's eschewing power.  Already, folks on the left are crafting theories around using the imperial presidency to address their favored issues, such as the University of Colorado's proposal for implementing greenhouse gas controls by executive fiat.

Via Five Feet of Fury:

Richard "The Boy Named Sue" Warman has finally filed his statement of claim.

Canada's busiest litigant, serial "human rights" complainant and -- the guy Mark Steyn has called "Canada's most sensitive
man" -- Richard Warman is now suing his most vocal critics -- including me.

The suit names:

"¢    Ezra Levant (famous for his stirring YouTube video of his confrontation with the Canadian Human Rights
tribunal after he published the "Mohammed Cartoons")

"¢    FreeDominion.ca (Canada's answer to FreeRepublic.com)

"¢    Kate McMillan of SmallDeadAnimals.com

"¢    Jonathan Kay of the National Post daily newspaper and its in-house blog

"¢    and me, Kathy Shaidle of FiveFeetOfFury.com

Richard Warman used to work for the notorious Human Rights Commission, which runs the "kangaroo courts" who've charged Mark
Steyn with "flagrant Islamophobia."

Richard Warman has brought almost half these cases single-handledly, getting websites he doesn't like shut down, and making
tens of thousands of tax free dollars in "compensation" out of web site owners who can't afford to fight back or don't
even realize they can.

The province of British Columbia had to pass a special law to stop Richard Warman from suing libraries because they
carried books he didn't approve of.

Richard Warman also wants to ban international websites he doesn't like from being seen by Canadians.

The folks named in his new law suit are the very bloggers who have been most outspoken in their criticism of Warman's
methods.

She includes a paypal link to accept donations for their legal defense  (or is it defence in Canadian?)

It is not at all uncommon that voters support restrictions on employers that they would never accept on themselves.  For example, the government has made it pretty clear that normal rights to freedom of association don't really exist in the workplace -- numerous restrictions exist on who I can and cannot hire (or at least not-hire) in my business.

So it will be interesting when the government steps in and tells folks that a very basic freedom of association -- say, the ability to choose who one wants to share an apartment with -- does not really exist.

Megan McArdle observes (via data from the ACLU) that over 900,000 Americans have their name on various terrorist watch lists.  One could argue that this is perhaps four orders of magnitude off the actual number of active terrorists running around the country.  How can such a travesty occur?  Well, its the government, and McArdle points out, unsurprisingly, its an incentives issue.

Can some smart lawyer from the ACLU find a way to void this list on due process or maybe 14th amendment grounds?

For all our problems in this country with protecting individual liberties, we at least still have pretty free reign in criticizing public figures.  Unfortunately, the same cannot be said of Canada.  I am not really that sympathetic to all that gets written on these Canadian web sites, but I support their right to say it.

Do not be too complacent, however.  I am absolutely positive that there are many prominent people in this country who are scheming to bring exactly this sort of regime to the US.  In fact, it is already being tested at various college campuses, where a newfound right "not to be offended" has begun to trump free speech, at least so far as offense is defined and felt by the ruling elite on campus.

If you have not seen it, the Indiana University-Purdue University in Indianapolis (IUPUI) reaction to a university employee reading a history book almost defies parody.  As far as I can tell, someone got offended or maybe was concerned someone might be offended because the Klan was in the title (notwithstanding the fact that the book is apparently decidedly anti-Klan).  This makes the whole "niggardly" controversy seem well-targeted in comparison.

However, I think Jacob Sullum misses the mark when he says:

To clarify, then, Sampson was not in trouble because of the book he
chose to read. He was in trouble because of what he might have been thinking while reading the book.

In fact, this is still not correct.  In fact, Sampson was in trouble because of what other people might think when they see him reading a book that has "KKK" somewhere in the title.  Pathetic.  Another lunatic step in trying to establish a "right not to be offended" at universities.

Gene Nichol of William & Mary has resigned, pointing to the university's opposition of his First Amendment defense of a campus sex workers' show as a major reason for leaving.  Which is all well and good -- I for one compliment him on supporting the speech rights of controversial people and performers. 

However, before we go declaring Mr. Nichol a martyr for free speech, FIRE reminds us that less than six months ago Mr. Nichol spearheaded this far more comprehensive violation of free speech:

This fall, The College of William & Mary launched a Bias Incident Reporting System
"to assist members of the William and Mary community"”students, staff,
and faculty"”in bringing bias incidents to the College's attention." In
its initial incarnation, the system was fraught with constitutional
problems, from both free speech and due process standpoints. The system
initially allowed
for anonymous reporting, providing that "[a] person reporting online
may report anonymously by leaving the personal information fields
blank." The definition
of "bias" was overbroad and encompassed constitutionally protected
expression: "A bias incident consists of harassment, intimidation, or
other hostile behavior that is directed at a member of the William and
Mary community because of that person's race, sex (including
pregnancy), age, color, disability, national or ethnic origin,
political affiliation, religion, sexual orientation, or veteran
status." The homepage
for the system even contained an explicit misstatement about the First
Amendment, stating that the First Amendment did not protect
"expressions of bias or hate aimed at individuals that violate the
college's statement of rights and responsibilities."

...a group calling itself "Free America's Alma Mater" published an advertisement in William & Mary's student newspaper, The Flat Hat,
skewering the new program. "Welcome to the new William & Mary's
Bias Reporting System, where W&M now invites you to shred the
reputation of your neighbors"¦anonymously," the ad read. "Prof
gave you a bad grade? Upset at that fraternity brother who broke your
heart? Did a colleague vote against you for tenure? Now you can get even!!
Anonymously report anything that offends you to the William & Mary
Thought Police at http://www.wm.edu/diversity/reportbias/."

This earlier episode reveals that Mr. Nichol clearly does not believe that all speech is protected.  In this light, the episode with the sex workers becomes one of taste rather than first amendment privileges, a mere quibble over where the censorship line (that Mr. Nichol believes should exist) is going to be drawn.

Which reminds me of the old joke:  A man approaches a beautiful woman at a party, and says "Would you sleep with me for a million dollars?" and she says, "Yes."  He then asks "would you sleep with me for $10?" and she screams "what kind of girl do you think I am?"  He retorts "We already established that.  Now we are just haggling over price."

From Disloyal Opposition:

L.A. councilman Dennis Zine is urging a proposal in the wake of the
pop star's latest psychiatric emergency that would implement a 20-yard
"personal safety zone" around celebrities after Spears' ambulance had
to be surrounded by police cars and helicopters late last month to
prevent the paparazzi from snapping photos of the singer en route to
the hospital. ...

The tentatively termed "Britney Law" would
have the right to confiscate all profits from any photograph taken
without signed consent within the bubble of safety around any celebrity.

I would prefer not to see warrantless searches without judicial oversight be legal under any circumstances, so I am happy there are roadblocks in the FISA extension.  What I am unclear about, though, are the exact issues surrounding telecom immunity from lawsuits which is apparently what has the thing held up.  By no means do I wish to give telecoms some blanket immunity from the consequences of their handling of private data.  However, it seems odd to want to hold them liable for complying with what would be, under the new law, a legal government order.  Or, is the immunity issue all retroactive to past compliance with government orders when it wasn't so clear if the government orders were legal?

I must say I have some sympathy for businesses, particularly those that are highly regulated as telecom, who bow under government pressure and then get sued for doing so.  For example, as I wrote before, I am required by Arizona law to take actions that the Feds consider illegal.  Its a frustrating place to be.

Anyone who can provide clarity on the issues here (not the FISA issues or wiretapping issues but narrowly on the immunity issue) is encouraged to do so.

I really try not to be vindictive, but I cannot tell you how happy this story, rife with irony, makes me:

John McCain has a campaign finance problem.
When his campaign was down and out, he agreed to take public funding
for the primaries. Public funding comes with spending limits overall
and by state. Also, a candidate who accepts funding cannot raise money
from private sources. Now that it is possible he will be the
nominee, McCain will want to be free of those fundraising and spending
limits, but he cannot withdraw from the public system. Or perhaps he
could but only with the approval of the FEC, which is not operating
because of a struggle over its nominees. The FEC does not now have a
quorum to meet and regulate. (The lack of a quorum was caused by Barack
Obama's hold on a nominee to the FEC, but never mind).

McCain will want out of the public system because he is probably
close to hitting the limit, and he could not get more money for his
campaign until he received public funding after the GOP convention
during the summer.  His "dark period" would thus be a period without
campaign funding that would run from spring until after the GOP
convention. During that "dark period" Obama or Hillary, both of whom
have not accepted public funding for the primaries, would be able to
continue spending money; some of that spending would be directed
against McCain after Obama or Hillary have secured their party's
nomination.

HAHAHAHAHA.  OMG that is great.  Read it and weep, Mr. McCain-Feingold.  McCain has argued for years that money and speech are not the same thing, and that limiting campaign money is not equivalent to limiting speech.  He can comfort himself with that thought as he goes silent for three or four [update: seven?] months  while his opposition yaps away.

Tom Kirkendall has stayed on the case of Enron Task Force prosecutorial abuse even while most of the world has turned away, apparently believing that "mission accomplished"  (ie putting Skilling in jail) justifies about any set of shady tactics.

But the evidence continues to grow that Skilling did not get a fair trial.  We know that the task force bent over backwards to pressure exculpatory witnesses from testifying for Skilling, but now we find that prosecutors may have hidden a lot of exculpatory evidence from the defense.

Meanwhile, continuing to fly under the mainstream media's radar
screen is the growing scandal relating to the Department of Justice's
failure to turnover potentially exculpatory evidence to the defense
teams in two major Enron-related criminal prosecutions (see previous
posts here and here). The DOJ has a long legacy of misconduct in the Enron-related criminal cases that is mirrored by the mainstream media's myopia in ignoring it (see here, here, here, here and here).

This motion
filed recently in the Enron-related Nigerian Barge criminal case
describes the DOJ's non-disclosure of hundreds of pages of notes of FBI
and DOJ interviews of Andrew Fastow, the former Enron CFO who was a key prosecution witness in the Lay-Skilling trial and a key figure in the Nigerian Barge trial.

Enron Task Force prosecutors withheld the notes of the Fastow
interviews from the defense teams prior to the trials in the
Lay-Skilling and Nigerian Barge cases. If the Fastow notes turn out to
reflect that prosecutors withheld exculpatory evidence or induced
Fastow to change his story over time, then that would be strong grounds
for reversal of Skilling's conviction and dismissal of the remaining
charges against the Merrill Lynch bankers in the Nigerian Barge case.

The post goes on to describe pretty substantial violations of FBI rules in handling interviews with Fastow, including destruction of some of the Form 302's summarizing early interviews.  The defense hypothesis is that Fastow changed his story over time, particularly vis a vis Skilling's involvement, under pressure from the task force and the 302's were destroyed and modified to hide this fact from the defense, and ultimately the jury.