Friday, August 29, 2008

It's Palin. McCain chooses Alaska Governor Sarah Palin as his running mate. The Obama team knocks Palin as "the former mayor of a town of 9,000 with zero foreign policy experience." Much of the right seems happy with the choice. The biggest anxiety among McCain supporters would seem to be worries about Palin's "experience" (or lack thereof) and the way that will play in the media; she was just elected as governor in 2006 and is a few years younger than Obama. But they also like her positions on social and cultural issues and her reputation as a reformer. She's also extremely popular in Alaska--a recent poll has her approval rating at 80%.

Thursday, August 28, 2008

The Obama campaign continues to push to shut down discussion of Obama's relationship with Bill Ayers. In an alert sent to supporters, the campaign attacks National Review writer Stanley Kurtz as a "slimy character assassin" and urges supporters to call a Chicago radio station to complain about giving Kurz air time on a program to discuss his research into the Annenberg Challenge:

--------- Forwarded message ----------
From: Obama Action Wire
Date: Wed, Aug 27, 2008
Subject: Chicago: CALL TONIGHT to fight the latest smear

[Name] —

In the next few hours, we have a crucial opportunity to fight one of
the most cynical and offensive smears ever launched against Barack.

Tonight, WGN radio is giving right-wing hatchet man Stanley Kurtz a
forum to air his baseless, fear-mongering terrorist smears. He's
currently scheduled to spend a solid two-hour block from 9:00 to 11:00
p.m. pushing lies, distortions, and manipulations about Barack and
University of Illinois professor William Ayers.

Tell WGN that by providing Kurtz with airtime, they are legitimizing
baseless attacks from a smear-merchant and lowering the standards of
political discourse.

Call into the "Extension 720" show with Milt Rosenberg at (312) 591-7200

(Show airs from 9:00 p.m. to 11:00 p.m. tonight)

Then report back on your call at http://my.barackobama.com/WGNstandards

Kurtz has been using his absurd TV appearances in an awkward and
dishonest attempt to play the terrorism card. His current ploy is to
embellish the relationship between Barack and Ayers.

Just last night on Fox News, Kurtz drastically exaggerated Barack's
connection with Ayers by claiming Ayers had recruited Barack to the
board of the Annenberg Challenge. That is completely false and has
been disproved in numerous press accounts.

It is absolutely unacceptable that WGN would give a slimy character
assassin like Kurtz time for his divisive, destructive ranting on our
public airwaves. At the very least, they should offer sane, honest
rebuttal to every one of Kurtz's lies.

Kurtz is scheduled to appear from 9:00 p.m. to 11:00 p.m. in the Chicago market.

Calling will only take a minute, and it will make a huge difference if
we nip this smear in the bud. Confront Kurtz tonight before this goes
any further:

http://my.barackobama.com/WGNstandards

Please forward this email to everyone you know who can make a call tonight.

Keep fighting the good fight,

Obama Action Wire
Interestingly, it seems as though Milt Rosenberg's show invited the Obama campaign to send a spokesperson to counter Kurtz's claims--to be in the studio for the whole two-hour interview--but the campaign declined. So the show did offer a chance for a "rebuttal." Instead of taking that chance, though, the Obama campaign instead decided to mobilize its supporters to assail the radio station airing this discussion with complaints. Audio of Kurtz's appearance is here.

Tuesday, August 26, 2008

A behind-closed-doors fight happens over some of the language relating to immigration during the drafting of the Republican party's official platform:

Delegates were split into different subcommittees and it was in the national security meeting where members got into heated discussion surrounding the issues of amnesty and English as the official language of the United States.

Two delegates wanted to harden the language surrounding the issue of amnesty. The draft read, “We oppose amnesty.” But, delegates from North Carolina and Colorado wanted to include opposition to “comprehensive immigration reform” because they believe it is a code word for amnesty. This sparked a heated discussion between members with a delegate from Washington DC who said that the Republican Party is a “not a xenophobic party, not an intolerant party. We are a compassionate party that follows the rule of law and endorses federal law,” said Bud McFarlane. Kendal Unruh from Colorado, who wanted to include “opposition to comprehensive immigration reform” to the draft, seemed to take offense to that statement citing her missionary work and saying that she would “never have the label” of xenophobic “slapped on me.” She continued to press that the committee add the tougher language to stop “behind the door tactics” to prevent “amnesty” of illegal aliens.

[...]

After much debate the amendment was not adopted and the language will remain as, “We oppose amnesty” without a mention of comprehensive immigration reform.

The immigration debate continued when the topic of English being the “accepted” language of the country opposed to the “official” language of the United States. The draft stated that English is the “common” and “accepted” language. The delegates from North Carolina and Colorado again wanted stronger language to make English the “official” language of the country.

Sam Winder from New Mexico wanted to add language that welcomed other languages, but did state that English was the official language of the country. Disagreement between the two sides continued, but a compromise was agreed on and put into the draft.

H/T Hot Air

Angered by Obama-Ayers Ad, the Obama Campaign Raises the Specter of Legal Challenge: In addition to rallying Obama's supporters to write letters of protest to stations that air the "Know Enough?" ad, which connects Obama to 60s radical and bomber Bill Ayers, the Obama campaign now threatens legal challenges against both the group that finances the ad, the American Issues Project (AIP), and television stations that air the ad. The Politico has a roundup of some of the threats the Obama campaign has issued. The campaign's general counsel, Robert Bauer, has written to the Department of Justice, demanding an investigation of the group, its officers, and its donors. Bauer argues that the AIP is in violation of election laws and argues that, though it is registered as a 501(c)(4), it is doing acts outside the realm of 501(c)(4) rules.
The AIP has responded in their own letter to the Department of Justice, written by their counsel, Clita Mitchell. Mitchell's letter counters Bauer's charges that about the way it is organized and compares its operations to those of NARAL. NARAL is also registered as a 501(c)(4), and Bauer once served as counsel for that organization.
Bauer has sent two letters to station managers. One aims to refute some of the specific charges of the AIP ad. The other warns that airing this as would be "inconsistent with your station's obligations under the Federal Communications Commission regulations." Could this be a threat--that stations which air the ad could face some difficulty under an FCC appointed by a President Obama? Some see this as another example of Obama playing "Chicago hardball." Though Obama (or at least his press secretary) says that he does not support the return of the "fairness doctrine," many of his fellow Democrats do, including high-ranking Democrats in the House and Senate. Those kinds of increases in the regulatory power of the FCC could increase an administration's ability to use the instruments of regulation for political retaliation.

UPDATE: Bauer sends another letter to the DOJ, reiterating his request for an investigation of those associated with the American Issues Project and requesting the prosecution of AIP donor Harold Simmons. The AIP responds, calling the Obama campaign's letter "reminiscent of the kind of censorship one would see in a Stalinist dictatorship." The Politico has more.

Saturday, August 23, 2008

The Republican National Committee has put out a new ad (in Spanish) promoting John McCain's work in immigration "reform":

Title: "Commitment V. Rhetoric"

How do you know someone is a friend?

You know because they stand up and defend you when it is hard.

When Hispanics needed a friend in Congress during the immigration debate... Who stood up? Who spoke out?

John McCain.

Senator McCain worked with Republicans and Democrats alike to form immigration legislation.

And while the bill didn't pass, only McCain demonstrated a real commitment to reforming immigration in a way that honored our laws as well as our immigrants and traditions.

And Barack Obama?

Obama did not stand up. Obama did not speak out. And when the time came for him to do the right thing, he did not.

Obama supported measures designed to insert a deadly "poison pill" to kill the immigration legislation.

If Obama didn't even have the courage to stand up for immigrants, how can he claim to have the strength to change the way Washington works?

John McCain is ready to lead. Barack Obama is not.

There are a lot of vague charges and statements here. This ad seems to be conflating support of McCain-Kennedy-style immigration bills with friendship with "Hispanics." Does this imply that opponents of such bills are not "friends" of "Hispanics"? If so, it's pretty critical of many of McCain's fellow Republicans (and some Democrats) in the US Senate.

This ad's assertion is also troubled by the fact that the "Hispanic" community in fact has a variety of opinions about immigration and immigration reform and that there is considerable controversy within that community about some of the key provisions of bills like McCain-Kennedy. For example, according to a Pew poll last year, only 9% of "Hispanics" believe that there are too few immigrants (42% believe that there are too many), but most "comprehensive" bills would lead to an increase in the number of immigrants.

After biding his time, Barack Obama has picked Delaware Senator Joe Biden as his running mate. Many analysts seem to think that Biden would be able to fulfill the "attack dog" capacity of the VP candidate.

Tuesday, August 19, 2008

The Wall Street Journal and Hot Air are picking up on some recent comments by Obama on a "single-payer" health care plan (as is found in Canada, for example):

“If I were designing a system from scratch, I would probably go ahead with a single-payer system,” Obama told some 1,800 people at a town-hall style meeting on the economy.

A single-payer system would eliminate private insurance companies and put a Medicare-like system into place where the government pays all health-care bills with tax dollars.

[...]

Obama’s health-care plan aims for universal coverage by offering a new government-run marketplace where Americans could buy insurance, mostly from private plans. He would offer subsidies to individuals and to small business owners that offer their workers coverage. His plan also would require that parents get insurance for their kids. And he aims to lower health-care costs to make coverage more affordable. His plan includes one small step toward single payer. His new marketplace would create a new government-run plan, like Medicare, to compete against the private plans.

But Obama repeated that he rejects an immediate shift to a single-payer system. “Given that a lot of people work for insurance companies, a lot of people work for HMOs. You’ve got a whole system of institutions that have been set up,” he said at a roundtable discussion with women Monday morning after a voter asked, “Why not single payer?”

“People don’t have time to wait,” Obama said. “They need relief now. So my attitude is let’s build up the system we got, let’s make it more efficient, we may be over time—as we make the system more efficient and everybody’s covered—decide that there are other ways for us to provide care more effectively.”

Obama's said things like this before about single-payer health care as an ideal system (witness this January 2008 dust-up between him and the Clinton campaign). While Obama isn't saying that he wants to immediately implement a single-payer system, he also seems to be indicating that he doesn't mind working towards that end; short-term political changes pave the way for other changes.
This focus on incremental change is a key theme of the Obama campaign, perhaps as a legacy of his community organizing. It also allows him to keep his options open for longer-term planning. Will he ultimately work to implement single-payer health care? Maybe. Would he work to ban handguns? Well, he thinks that banning them now is "not politically practicable." Circumstances can change, and, when you have the power of the presidency, you can change a lot of circumstances.

Sunday, August 17, 2008

It's tough being an incumbent (Republican) in Alaska: This USA Today story talks about the challenges faced by Republican senators across the country. It mentions how the recent corruption charges against Alaska Senator Ted Stevens have increased his seat's vulnerability to Democratic challenger Mark Begich. According to these poll numbers, it looks like both Stevens and GOP Rep. Don Young could be in significant trouble.
Alaska's primary elections occur on August 26. Right now, Stevens leads his closest Republican challenger, Dave Cuddy, 63-20, but he would also lose to Begich by 17 points; Begich leads 55-38. The upcoming elections might be tough for Don Young, too. He only leads his closest GOP challenger (Alaska Lt. Governor Sean Parnell) by about 5 points and would lose to Democrat Ethan Berkowitz by about 10: 51-41. Parnell, however, leads Berkowitz 46-41, so his defeat of Young in the GOP primary may improve Republicans' hopes of holding on to Alaska's only seat in the House.

Wednesday, July 30, 2008

ICE announces a new program for "illegal immigrants": the opportunity to turn themselves in to ICE and "self-deport":

Rather than risk getting caught, turn yourselves in.

That's the latest government strategy in its ongoing effort to dramatically reduce the nation's ballooning population of illegal immigrants.

Scheduled to be unveiled next week, it was announced Sunday by Julie Myers, director of U.S. Immigration and Customs Enforcement, in an interview with a Spanish-language television network.

Myers told the network that "Operation Scheduled Departure" will allow illegal immigrants without criminal records a chance to literally "self-deport" by turning themselves in to her agents.

She said the idea derived from a common complaint voiced by immigrant detainees: If given the opportunity, they'd rather just go home than be holed up in immigration prisons.

Under the new program, those still walking free will have the chance to walk into ICE offices, be processed and get a few weeks to arrange their affairs, pack their belongings and ship out of the country without being detained.

Some are doubtful about the effectiveness of this program and think that there isn't enough of an incentive for these "undocumented" to declare themselves. Ira Mehlman of the Federation for American Immigration Reform, thinks that one possible "carrot" could be allowing those who voluntarily leave to have the opportunity to re-apply for a legal visa once they arrive back in their home countries.

Tuesday, July 22, 2008

Juan Hernandez may be McCain's "Hispanic Outreach Director," but he seems to want to avoid contacting Newsweek, which has asked multiple times to interview him. The magazine wonders why he won't speak with them....

Tuesday, July 15, 2008

Hot Air has a number of posts/clips up relating to the speeches of Barack Obama and John McCain at the annual La Raza convention. Both McCain and Obama support a form of "comprehensive immigration reform" that includes a mass legalization of the "undocumented" population, and both drew attention to this support in their addresses. Obama accused ICE (Immigration and Customs Enforcement) of "terroriz[ing]" various communities but did not say how he, as president, would end this "terror." McCain said things mildly more supportive of ICE and border enforcement. He disagreed with an activist who said that the US should stop its "militarization" of the border (an activist who was praised by Obama). He again pledged that the border would be "secured" before he pushed for other aspects of his "comprehensive" plan.

Friday, July 11, 2008

Ben Smith cites some seeming inconsistencies in Sen. Mel Martinez (R-FL)'s statements on Obama on immigration "reform" now versus last year. McCain has a new ad up praising "people who are of Hispanic background" and their contributions to the US.

Monday, July 7, 2008

The Washington Post has a story up about an increase in interest in immigration law for law students.

Friday, July 4, 2008

Happy Fourth of July! Independence!

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature's God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.--That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, --That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security...

Saturday, June 28, 2008

Keeping "comprehensive": John McCain declares that "comprehensive immigration reform" will be his "top priority yesterday, today, and tomorrow."

Thursday, June 26, 2008

The Supreme Court overturns the DC gun ban in District of Columbia v. Heller. The decision was 5-4: Scalia, Roberts, Kennedy, Thomas, and Alito in the majority with Breyer, Stevens, Souter, and Ginsburg dissenting. For analysis, see some of the usual suspects: SCOTUSblog, Volokh, and Hot Air. Here are some of the basic points of this decision, written by Scalia, as far as I can tell: the Second Amendment recognizes an individual right, and this right is subject to some regulation. The court doesn't lay out exactly what regulations are permissible but does find that DC's law crosses the line of Constitutionality. Since Heller's lawyers seemed not to quarrel with the notion of licensing, the court did not rule explicitly on that. Here's a relevant passage on the restriction of firearms:
Like most rights, the Second Amendment right is not unlimited. It is not a right to keep and carry any weapon whatsoever in any manner whatsoever and for whatever purpose: For example, concealed weapons prohibitions have been upheld under the Amendment or state analogues. The Court’s opinion should not be taken to cast doubt on longstanding prohibitions on the possession of firearms by felons and the mentally ill, or laws forbidding the carrying of firearms in sensitive places such as schools and government buildings, or laws imposing conditions and qualifications on the commercial sale of arms. Miller’s holding that the sorts of weapons protected are those “in common use at the time” finds support in the historical tradition of prohibiting the carrying of dangerous and unusual weapons.
With its (admitted) numerous gray areas, this opinion would seem to pave the way for more lawsuits about the Second Amendment in the future.
One interesting point for further lawsuits in this area is whether the Second Amendment is incorporated into the Fourteenth Amendment to apply to the individual states as well as the federal government. The court doesn't rule on incorporation directly, but the role of incorporation is mentioned in a footnote about the nineteenth-century ruling of U.S. v. Cruickshank, which ruled that the Second Amendment was not incorporated into the Fourteenth:
With respect to Cruikshank’s continuing validity on incorporation,
a question not presented by this case, we note that Cruikshank also
said that the First Amendment did not apply against the States and did
not engage in the sort of Fourteenth Amendment inquiry required by
our later cases. Our later decisions in Presser v. Illinois, 116 U. S. 252,
265 (1886) and Miller v. Texas, 153 U. S. 535, 538 (1894), reaffirmed
that the Second Amendment applies only to the Federal Government.
So the court does mention precedent denying incorporation to the Second Amendment. However, Scalia may imply an avenue for incorporation in this observation near the beginning of the opinion:
The unamended Constitution and the Bill of Rights
use the phrase “right of the people” two other times, in the
First Amendment’s Assembly-and-Petition Clause and in
the Fourth Amendment’s Search-and-Seizure Clause.
These First and Fourth Amendment provisions have been incorporated into the Fourteenth Amendment (reversing Cruickshank's denial of incorporation to the First Amendment). Could the "right of the people" be used as a vehicle for claiming incorporation?

Wednesday, June 25, 2008

Speaker Nancy Pelosi says, according to one journalist, that she supports the return of the "Fairness Doctrine." So the top Democrat in the House and the number-two Democrat, Majority Whip Dick Durbin (also a prominent and early Obama supporter), support the "Fairness Doctrine." Congress made attempts before to codify the "Fairness Doctrine" into law in the 1980s and '90s, but Reagan and George H. W. Bush vetoed those laws. Would a President Obama veto a "Fairness Doctrine" bill? Or would he staff the FCC with commissioners who would reinstate the Doctrine? Perhaps he opposes the "Fairness Doctrine"? Obama avoided a cloture vote on the anti-"Fairness Doctrine" Coleman amendment last July and, as far as I can see, has not made a clear statement on the Doctrine yet.

UPDATE: An Obama spokesman denies that the Illinois senator supports the "Fairness Doctrine":

"Sen. Obama does not support reimposing the Fairness Doctrine on broadcasters," press secretary Michael Ortiz said in an e-mail to B&C late Wednesday.

"He considers this debate to be a distraction from the conversation we should be having about opening up the airwaves and modern communications to as many diverse viewpoints as possible," Ortiz added. "That is why Sen. Obama supports media-ownership caps, network neutrality, public broadcasting, as well as increasing minority ownership of broadcasting and print outlets."

H/T Hot Air, which is skeptical, considering some of Obama's other rhetorical moves over the campaign. I'll leave you with their exit question: "Anyone see President Obama vetoing a Democrat bill to revive Fairness?" Good wiggle possibility: not supporting is not necessarily vetoing...

This Politico story brings out an important aspect of the Obama money gusher (assuming this gusher doesn't keep slowing down) and Obama's wider plans. He is not only running for president; he is also trying to lay the groundwork for an enduring and far-reaching Democratic majority. This is what most presidents and presidential candidates try to do (Bush and Rove tried to do it), and Obama hopes to use any financial edge not only to build himself up but to support candidates further down the Democratic ticket. And he's reaching for more than a filibuster-proof Democratic majority in the Senate and an overwhelming majority in the House:
Barack Obama will focus his resources largely in 14 states George W. Bush won in 2004, his chief field operative said Tuesday, hoping to score upsets in places such as Virginia, Indiana and Georgia.

But winning the White House won’t be his only goal, deputy campaign manager Steve Hildebrand told Politico: In an unusual move, Obama’s campaign will also devote some resources to states it’s unlikely to win, with the goal of influencing specific local contests in places such as Texas and Wyoming.

“Texas is a great example where we might not be able to win the state, but we want to pay a lot of attention to it,” Hildebrand said. “It’s one of the most important redistricting opportunities in the country.”

Texas Democrats are five seats away in each chamber from control of the state Legislature, which will redraw congressional districts after the 2010 census.
Setting up local Democratic legislators in a strong position for the 2010 elections could pave the way for House redistricting very favorable to the Democrats in these states for the next decade.

Friday, June 20, 2008

Michelle Malkin has a roundup of details about a McCain event in which the Republican candidate for president again pledged to make "comprehensive immigration reform" a top priority. A reader sent along to Malkin this translation of a Spanish-language newspaper article about McCain's promises on the behalf of immigration "reform":

McCain said that it is completely false that [he] has abandoned his original commitment to fight for reform for the more than 12 million undocumented immigrants that reside in the United States and that includes the failed proposal of President Bush, to secure the borders first.

“This reform will be a priority in my administration because it is a convincing federal responsibility”, added the contender of the Republican Party. “We will undertake immigration reform and on the day after my inauguration, I will ask Congress to reconsider it, although I believe that first we have to secure our borders, set in motion a plan for guest workers that works and to focus on the issue of the undocumented in a humane and compassionate way.”

Wednesday, June 18, 2008

Federal prosecutions for illegal immigration are increasing according to the Los Angeles Times:
In the widening crackdown, administration officials prosecuted 9,350 illegal immigrants on federal criminal charges in March, up from 3,746 a year ago and an all-time high, according to statistics released Tuesday. Those convicted have received jail sentences averaging about one month.