November 20, 2009

Sean Hannity's ultimate ground of Being*

"I've read all the arguments." — Sean Hannity, Fox "News"
Hannity totally dissects Christopher Hitchens with unique and novel argumentation never before considered: Video embed by The Sconz.

After being informed that Hitchens doesn't believe in god(s), Hannity accuses him of being "angry with God," always the brilliant riposte.

* How does Hannity know the universe had a beginning? Or is it "Hannitys all the way down"? What caused Hannity? Stay tuned ...

November 19, 2009

And McIlheran, still, is hopeless

McIlheran approves of this load of absolute bollocks.

Patrick McIlheran, another high profile Journal Communications employee who apparently has only the dimmest inkling of the judicial branches, fails to remind us about how he eagerly assisted in spreading to his Milwaukee Journal-Sentinel readers some of the more fragrant bat guano secreted on behalf of Michael Gableman.

You might call it a conflict of interest; that is, you might if professional calumnists like Patrick McIlheran had a code of ethics.

Shark jumps shark

Or possibly is 'Gone Galt.'

Professor of law Rick Esenberg has went and compared the employment of deliberate falsehoods (by a judge) in the service of the professional and character assassination of an individual with teevee advertisements "suggesting that John McCain was advocating a huge middle class tax increase." Both are equally "despicable."

Tough call

This one vs. this one. Or this one.

Concerned MSM elitists are concerned

It's unclear why all of these East Coast elitist mainstream media types* are suddenly so fascinated by the Badger State, but here's the latest example of their concern-trolling from the Wall Street Journal:
After serving four years, voters had seen enough of his brand of judicial philosophy, making him the first sitting justice on the Wisconsin Supreme Court in four decades to lose a retention election last year.
Conspicuously, none of those political Brainiacs is capable of extending their "theory" to an explanation of why Wisconsinites delivered 69 of the State's 72 counties this year to Chief Justice Shirley Abrahamson, whose "brand of judicial philosophy" should be — by any of their own measures — even more repugnant to them, since she voted with Butler in every single decision which so greatly offends, and even authored one of the two that the WSJ mentions.

And, as a matter of WSJ-escaping fact, in that case Butler joined a concurring opinion separate from Abrahamson's emphasizing that statutory caps on exactly the type of legal damages at issue certainly can be constitutional, but in this instance they weren't on account of the evidence of arbitrariness and dithering** in the legislative record.

In other words, if laws infringe against the protections guaranteed to the people of Wisconsin by their constitution, then there had better be — at a bare minimum — a consistent basis for the legislature's reasoning. And here, the record demonstrated otherwise.

That's the courts' function: To ensure the people's representatives aren't acting against the people's best interest, as expressly articulated in the constitution. The people said the latter controls.

You'd expect this foundational concept to appeal to the average Tea Party-er as they're making a spectacle of pinning giant copies of constitutions to their chests and weeping along with Glenn Beck.

What the Wall Street Journal is implicitly demanding is that if the courts are performing their function effectively, then throw the judges out and replace them with a matching set of rubber stamps.

Even — and especially — if you have to lie to do it.

Why not get straight to the point and eliminate the legislature itself while they're at it, and just re-institute a monarchy. Constitutional republicanism would be so much simpler (the WSJ prefers the Big-R version, which is their irrational basis — minus even the teeth).
At his confirmation hearing this month, Mr. Butler was quick to make light of his double rejection by Wisconsin voters, telling the Senate Judiciary Committee that "After 16 years on the bench, I may be a better judge than a politician."

Ahem. That's a coded nod to liberal groups like the George Soros-funded Justice at Stake that are trying to eliminate judicial elections.
This is a purely speculative partisan fantasy, and an ignorant one at that. If it's a "coded nod" at all, it's to the sleazy program of bottom feeding poli-ticks advanced by Michael Gableman and his supporters, which Louis Butler possessed the judiciousness (I know — what an unusual quality for a judge) and the plain common decency to resist.

So it's blindingly obvious who are the ones making the most compelling argument for eliminating judicial elections.
In Ferdon v. Wisconsin Partners ...
It's Wisconsin Patients. These characters can't even read a case caption, let alone engage the decision's other 178 pages, and we're supposed to extend to them a presumption of objective credibility?

Only a local medium wave sad harlequin like Charlie Sykes,*** one of the aforementioned more vocal supporters, would do such a manifestly foolish thing. And that tells you plenty, also.

Plenty amusing, pathetic, or some of each, there's your trilemma.

* It wouldn't surprise me if they went to Stanford Harvard too.
** More recently not a conservative Republican Value.™
*** As a 50K-watt marquee employee of Journal Communications, Inc. (NYSE:JRN), about as elite as mainstream media can get 'round here.

You said it pal

One should be careful about defending character assassination. I’m not a lawyer. I don’t claim to know all the particulars of this case. But I don’t think either is necessary to conclude that the Gableman ad was despicable. How could anyone with a moral compass conclude otherwise? The fact that such brutalism has been mainstreamed into politics—and defended if not celebrated—demonstrates how badly the civic fabric is fraying. What a vile business our campaigns, even judicial campaigns, have become. Do you not think this corrodes the democratic spirit, makes voters cynical, and serves as a warning shot to citizens to not offer themselves up as candidates for fear their reputations will be destroyed in a lying 30-second commercial?
Marc Eisen.

November 18, 2009

Hold not thy Peace, O God of my praise

So this Psalm 109 deal is really making the rounds.
In all fairness, Psalm 109:8 says: "Let his days be few; and let another take his office." The rest of the Psalm is pretty scary, but the death threats aren't technically part of the specific verse they are citing. The bit about fatherless kids is 109:9.
Yes, well, we'll be certain to retrieve that technicality the next time a Bibliolator fusses over The Word of God removed from context.

Personal offense getting harder to come by

Journal-Sentinel columnist insulted by roll of tin foil

KSM trial to resemble Tea Party, GOP warns

Critics of Holder's decision — mostly Republicans — have argued [sic] the trial will give Khalid Sheikh Mohammed a world stage to spout hateful rhetoric.
Obama pledges successful prosecution, penalty phase — AP

Related: Why does William Kristol hate America?

Out of their gourds

"[Russ Feingold is] all over the place," said Mike Maistelman, a politically connected Democratic lawyer in Milwaukee. "You'll see him at ... pumpkin patches. The guy's everywhere."
Wonder if he's been over to this one.

Quote of the day

I think that the three judge panel's decision to recommend dismissal of ethics charges against Justice Michael Gableman is the right outcome. I doubt that we really want tribunals passing upon the truth and falsity of campaign speech — even for judges.*
Really, what's the point of holding judges to any ethical standards at all, then? They're just politicians anyway (contra separation of powers doctrine, evidently the judiciary is just another political branch).

I'm not sure who "we" is, but apparently it's not the same "we" that elected the folks who drafted, debated, amended, voted on, passed, and signed into law Wisconsin Statutes §§ 757.81-95 (the legislative, procedural means to identify and discipline judicial misconduct).

Of course, we shouldn't have to hold judges to ethical behavior. One might expect that by the time they get to be judges, they would already be roughly familiar with the concepts. In fact, most are.

Certainly "we" should not be celebrating getting away scot-free as a "right outcome." Doing so is precisely the sort of "situational morality" political conservatives are otherwise poised to condemn.

And, lest we forget, it was a condemnation of so-called "loopholes" that started this unforsaken ball to rolling in the first place.

* I comment here instead, so as not to be embargoed.

Jeff Sessions, defender of the Constitution*

There has never really been a filibuster of a judicial nominee in the Senate until now, when our Democratic colleagues have decided to change the ground rules on confirmation. They have said so and done so openly, and seem to be little concerned that the Constitution may be violated in the process.
— Sen. Jefferson Beauregard Sessions III** (R-AL), 07/25/03
So you'd never guess who led yesterday's failed attempt in the U.S. Senate at filibustering the nomination of Judge David F. Hamilton to the Seventh Circuit Court of Appeals: the principled Jeff Sessions.

Hypocrites also figure prominently in the Gospel of Matthew.

* So long as there's a Republican in the White House.
** Not by any means a member of the nation's elite.

November 17, 2009

Gableman "oozes" through loophole

The Racine (WI) Journal-Times

However: I really wish people would stop saying "Butler found a loophole" is true. It wasn't a loophole, and Butler didn't find it.

So how could it be true.

Or, don't believe me, ask Gableman himself:
The evidentiary error as found by both the Court of Appeals and the Supreme Court of Wisconsin is the "loophole" to which the Advertisement referred.

[The Supreme Court] found that the error had occurred in the trial court in the Mitchell case ...
Responsive Statement of Facts at 7, Wisconsin Judicial Commission v. Michael J. Gableman, No. 2008AP002458-J (Wis., April 1, 2009) (highly instructive scare quotes in original).

Not a loophole, and not found by Butler. Says Gableman. His words.

And Butler was not Mitchell's trial lawyer. Upon conviction, Mitchell's counsel at trial would have filed a notice of appeal, following which Butler would have been alerted to the evidentiary errors committed during that trial. Every lawyer in the State knows the routine. It's simply inconceivable that a sitting judge, Michael Gableman, didn't.
That Justice Gableman agonized over running the ad before deciding to run it certainly could support an inference that he did not believe it was false. — law professor Rick Esenberg
These bland apologetics are just laughable. Gableman is hardly that dumb. Moreover, one of the three-judge panel's unanimous findings was that Gableman's ethics violations were committed knowingly.

An early prediction

This one's a no-brainer:
State Rep. Mark Gundrum (R-New Berlin) said Friday that he is running for Waukesha County circuit judge and will challenge incumbent Judge Richard Congdon in the April 10 election.

Judge Congdon was appointed to the bench in January, 2009 by Democratic Gov. Jim Doyle.
Gundrum in a cakewalk.

New Berlin's Linda Richter:
Gundrum said he would be a judge who would follow the rule of law and not impose his own views.
However, in the very next paragraph:
"I think it would be good to have a person with a solid conservative view of the law in there," Gundrum said.
Uh, that sounds like politician double-speak.
Of course it is. That's how he's going to win. And it's how Randy Koschnick scored 60% of the vote in Waukesha County last April.

Ricky and Sarah Hollywood

"I just look at her in disgust."

What an unseemly circus all the way around.
LARRY KING: S.E. Cupp [Who he? — ed.], what do you think of this phenomenon?

S.E. CUPP, CONSERVATIVE COLUMNIST: I think she's unstoppable. I think Oprah missed a real opportunity here. Only five minutes in she started asking about Bristol and then it was on to her clothes and Levi. I think she was treating her like some tawdry, sleazy kind of Jerry Springer guest.
And the "unstoppable" Sarah Palin had no apparent objections to acting like one. Indeed, it was an opportunity completely embraced.

"Something, anything, to make her brain work." — NY Daily News

Get real, America. Who are the serious GOP contenders?

M. Horne at the T. Barrett presser

'Twas a pitiful sight to see the once-mighty Milwaukee Journal-Sentinel so snubbed.
The always entertaining and informative.

You're pretty perky yourself

The New York Times runs a piece featuring Rudy Giuliani's hooting about Eric Holder's decision to try suspected 9/11 terrorists in federal court, without once mentioning that Mr. Giuliani praised and even testified at Zacarias Moussaoui's criminal trial in Alexandria, VA.

And, like Khalid Sheikh Mohammed, Moussaoui isn't an American citizen either. These days he's just a permanent legal resident.

Nor was the late Timothy J. McVeigh convicted by a military tribunal.

Speaking of potential 2012 GOP presidential candidates, there's also poor old Mitt Romney, who accuses the current commander in chief of "dereliction" — a mighty loaded term in the military context — and barely warrants a notice, thanks to Sarah Palin and Oprah Winfrey.

November 16, 2009

Pray for Obama

To die and leave his children wandering beggars, that is.

(Whew, I thought that was the Qur'an for a moment.)

Oh: Shark Returns. Strong condemnation of "Hatred" to follow, doubtless. Also an hour's worth of outrage from Sykes, also.

[/Snowball in Hell]

eta (sayeth the original Bible-cherry-picker):
Typical, take something out of context to attack someone you do not agree with.
Irony — It's dead, dead, dead as a doornail 'round those parts.

Smerdyackerov with a guitar*

Daniel J. Acker's mother told authorities Acker was visiting Walt Disney World ...
Whoops. That would be a child sex offender no-no.
which Acker denied Monday during a bail hearing before telling the presiding judge that he stayed in Florida with a male friend in his 40s, and that he spent that time sunning, playing his guitar and relaxing.
Acker pleaded no contest to two counts of second degree sexual assault of a child. Three additional charges of child enticement were dismissed but "read-in," which means that while not an admission of guilt, the judge can take them into consideration for sentencing.

It's anticipated that Mr. Acker will die in prison.

Speaking of read-in charges, remember Louis Butler, the "pro-criminal" Supreme Court justice?
Once Wis. Stat. § 973.20(1g)(b)'s definition of "read-in crimes" is considered, not in isolation but together with this surrounding statutory language, a plain reading of § 973.20 in its full context clearly indicates that by agreeing to a read-in, a defendant agrees to have his or her criminal conduct considered at sentencing, not just to have some words, devoid of such context and meaning, read out loud by a court. It is further clear that a defendant's agreement that his or her criminal conduct is to be considered must logically entail an implicit admission by the defendant that such criminal conduct by the defendant exists.
State v. Straszkowski, 2008 WI 65, ¶111 (Butler, J., concurring) (emphases in original).

That doesn't sound terribly "pro-criminal" to me, which is more than likely why Justice Annette Ziegler joined Butler's opinion.

* Thus concludes Celebrate David Ziemer's Favorites Day. (Sorry, but I simply couldn't find time to throw together the Linzertorte.)

Shorter loyal opposition

Chris Matthews: Where did KSM go to college?
Rep. Judy Biggert (R-IL): Probably Harvard.
Wouldn't you know, Rep. Judy Biggert (R-IL) went to Stanford and Northwestern, the latter being one of the top ten law schools in the country (Harvard being another). Glib, idiotic "elitist" card play FAIL.

KSM attended a Baptist college in North Carolina.

Video (lol@'the Boston Manicure').

Post-post-post-postmodern ... something

Andrew Sullivan is "live-blogging" an episode of Oprah.

Isn't that show already on broadcast teevee? Anybody out there who doesn't have cable, let me know, and I will "live-blog" Rock of Love 3.
Andrew Sullivan: 4.16 pm. There is no journalism being committed here. As I suspected.
lol - He can't possibly be serious. It's frickin' Oprah, not Frontline.

One for Ziemer

King Crimson — Red

Bonus Fripp discovery:
The Roches — Want Not Want Not

Finally, reparations for the Chevy Vega?

GM to start repaying debt to U.S.CNNMoney.com

'Yo General Motors, I'm really happy for you and I'm-a let you finish, but the AMC Pacer was the worst ride of all times. Of all times!'

Fish that sprouted legs

Sarah Palin doesn't believe in tetrapods.

"She doesn't know how dumb she still is." — Ann Althouse

November 15, 2009

Pastor Haggard mounts

A come back.
Pastor Ted Haggard said he has more compassion for gays because of his trials in recent years.
The only impressive thing about this character is his denial.

November 14, 2009

When is a rule not a rule?

Or: What would the Strict Constructionist do?

Being a couple of additional thoughts on last week's recommendation to the Wisconsin Supreme Court from a three-judge panel that charges of misconduct brought by the Wisconsin Judicial Commission against Michael Gableman should be summarily dismissed.*

Indented below are the two rules of judicial ethics at issue.

The first sentence:
A candidate for a judicial office shall not knowingly or with reckless disregard for the statement's truth or falsity misrepresent the identity, qualifications, present position, or other fact concerning the candidate or an opponent.
The second sentence:
A candidate for judicial office should not knowingly make representations that, although true, are misleading, or knowingly make statements that are likely to confuse the public with respect to the proper role of judges and lawyers in the American adversary system.
Two judges (the majority) found that Gableman did not violate the rule announced in the first sentence (the "shall not"), but did violate the rule announced in the second sentence (the "should not").

The third judge found that while Gableman did not violate the rule announced in the second sentence, Gableman did violate the rule announced in the first sentence, but because the rule announced in the first sentence is unconstitutional, Gableman may not be prosecuted under the judicial misconduct statute (§ 757.81(4)(a)).

In sum, all three judges recommended that the Wisconsin Judicial Commission's complaint against Gableman be dismissed, but for competing reasons. Accordingly, we will set aside the third judge's (Ralph Adam Fine's) concurring opinion for the time being** and consider only the majority's reasoning.

The Wisconsin statutes define judicial misconduct to include "Willful violation of a rule of the code of judicial ethics." Which is exactly what the majority found: the willful violation of a judicial ethics rule.

So why can't Gableman be prosecuted under the Wisconsin statutes?

Because the preamble to the code of judicial ethics reads: "The use of 'should' or 'should not' in the rules is intended ... not as a binding rule under which a judge may be disciplined."

That is, the second sentence is a rule alright, except it's not a "binding rule." But the statute doesn't say "willful violation of only those rules of the code of judicial ethics which are binding rules."

In other words, the statute (a.k.a. "the law") makes no exceptions.

Yet, since this issue is never raised in the panel's opinions, must we then simply assume that the second sentence is not a rule at all?

Because the statute says misconduct is willful violation of a rule of judicial ethics, and the panel majority found that Gableman willfully violated a rule of judicial ethics, but instead recommends the Wisconsin Judicial Commission's complaint be dropped ... wait, what?

If Gableman can't be prosecuted because he's not in violation of the statute, then the rule the majority found that Gableman violated can't be a rule at all, let alone not just specifically a "binding rule."

Right?
The life of the law has not been logic, it has been experience.Oliver Wendell Holmes, Jr.
Ah yes, thanks for the reminder.

It seems to me that at a minimum, what we have here is an extremely poor fit between the language of the statute, which is the expression of the people through the legislature, and the language of the code of judicial ethics, which is the somewhat more insulated expression of the separate institution of the judicial branch.

We may arguably have a situation where the courts — in this case both those courts which are respectively promulgating and interpreting the rules — are not permitted to create exceptions to a statute in addition to those authorized by the legislature.**

And that, according to the statute, is no exceptions at all.

* Findings of fact, etc. (.pdf; 37 pgs.)

** Judge Fine, quoting from Brown v. Hartlage, asserts that "demonstrable falsehoods" are not protected by the First Amendment, but elsewhere in his opinion he states:
Certainly, it is not a true representation to imply through crafty sculpting of words that because Justice "Butler found a loophole[,] Mitchell went on to molest another child."
(Brown v. Hartlage pits "demonstrable falsehoods" against "erroneous statement[s]," i.e., mistakes. Yet as Judge Fine himself points out in his footnote 4, this was no mere mistake, a finding of fact that all parties including ["apparently"] Michael Gableman acknowledge.)

Nevertheless, Judge Fine concludes that Gableman's speech is protected by the First Amendment. With all due respect to the learned judge, the difference between "demonstrable falsehood" and "certainly false representation" eludes me at the moment.

If it's certain, then it must somehow be demonstrable. And, indeed, Judge Fine did adequately (IMO) make that demonstration.

"Falsehood" and "not a true representation" are synonymous.

*** The loathed and feared "legislating from the bench," another of Gableman's signature campaign slogans, I'm compelled to remind my fellow aficionados of dramatic irony, or else to recruit new ones.


Grand scale irony watch

The most sustained and vehement barbs in this book are directed not at Democrats or liberals or the press, but at the McCain campaign. The very campaign that plucked her out of Alaska, anointed her the Republican vice-presidential nominee and made her one of the most talked about women on the planet — someone who could command a reported $5 million for writing this book.
Sarah Palin's erratic new memoir

"She doesn't know how dumb she still is." — Ann Althouse

Hey kids! Beware ye Sodomites!*

Via Mpeterson's Washington County (WI) chronicles.

* Also Gomorrans, Atlanteans, and Ewoks.

Nobody should be in the least bit surprised

That Palin is "Going Rogue" on the facts:
PALIN: She says her team overseeing the development of a natural gas pipeline set up an open, competitive bidding process that allowed any company to compete for the right to build a 1,715-mile pipeline to bring natural gas from Alaska to the Lower 48.

THE FACTS: Palin characterized the pipeline deal the same way before an AP investigation found her team crafted terms that favored only a few independent pipeline companies and ultimately benefited a company with ties to her administration, TransCanada Corp. Despite promises and legal guidance not to talk directly with potential bidders during the process, Palin had meetings or phone calls with nearly every major candidate, including TransCanada.
Like I said more than one year ago, before the AP investigation:
The Alaska legislature came up with the Alaska Gasline Inducement Act (AGIA), which is essentially a set of commercial and technical specifications, and TransCanada was the only company whose proposal was seriously considered, as TransCanada's proposal was the only one deemed initially in compliance with the AGIA.

So there weren't any commensurate bids with which to compare to TransCanada's, at least according to the terms of the AGIA.
I still await my Pulitzer.

More: Following the Palin pipeline

Walker fails in ruse to prevent marriage

A Milwaukee couple, whose nuptials are to be celebrated this afternoon, attempted to obtain their marriage license at the courthouse yesterday, only to find salaried county executive Scott Walker, the Republican candidate for governor, off on vacation.
A librarian finally tracked down John Barrett, Milwaukee County clerk of circuit court. Word of the predicament eventually reached a maintenance worker, who unlocked the county clerk's office.
Despite Walker's mandated furlough day, the pair will unite in traditional marriage at 1 p.m., thanks to the stalwart efforts of several dedicated county employees, AFSCME District Council 48.

Almost immediately thereafter, reports began to emerge that the clerk of court's brother, Milwaukee mayor Tom Barrett, has decided to run for governor of Wisconsin against Scott Walker.

November 13, 2009

Citizens for Republican Government

A non-partisan group,* is critical of the Milwaukee County budget.

* Keynote James T. "Cheap Gasoline Found on Jupiter" Harris.

Kent Hovind was already booked, apparently.

They must be wondering how I do it


h/t Google Analytics.

Law school faculty blog loosens embargo


This qualifies as a "comment," believe it or not: A link to National Review Online's "The Corner," posted within moments of submission.

Heck, back in my day, we had to wait 24 hours for "approval" and in the meantime watch while nearly a dozen other comments were duly published. And yet the school keeps sending me fundraising letters.

Instead, I've decided to bestow my philanthopy by endowing the Ann Althouse Chair for Third Amendment Studies at Liberty University.

eta: Worse, "bruce thomas" is merely a pseudonymous Dick Morris.

Interesting comments policy that, especially considering Dick Morris's (and Eileen McGann's) own published columns are protected by copyright, yet there is one reproduced in its entirety by a law school with a highly respected intellectual property department:
You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way any material from this site including code and software without express permission from DickMorris.com or as permitted in Reprint Requests.
Says so right here (although it doesn't really even need to).

Yeah I don't think so

Thank you for purchasing "One" by Metallica*
You might also like these recommendations

Raining Blood
Slayer
Madhouse
Anthrax
h/t iTunes.

Giving Lars Ulrich money is hard enough to live down.

* eta: Okay, that was one of the worst songs I've ever heard in my life, not to mention it being about 5-1/2 minutes too long.
Jason Newsted's bass was purposely turned down on the album as a part of the continuous "hazing" he received, and his musical ideas were ignored.
Nice guys.
In 1989, Metallica received its first Grammy Award nomination for ... And Justice for All, in the new Best Hard Rock/Metal Performance Vocal or Instrument category. Metallica was the favorite to win; however, the award was given to Jethro Tull.
Well, alright then:

Songs From The Wood

Much better.

lulz

[Sarah Palin claims she] agreed to her disastrous interview with Katie Couric — a central event during Campaign 2008 — because a top McCain aide told her Couric had low self esteem, leading Palin to take pity on the CBS anchor.
"It's ridiculous."

But for the sex crimes

Court cites unseemly use of eternal damnation threats

TEXARKANA, Ark. — Evangelist Tony Alamo used his stature as a self-proclaimed prophet to force underage girls into sham marriages with him, controlling his followers with their fears of eternal suffering.
It's Evangelism-business-as-usual. (Some may feel free to quibble over the exclusion of sex crimes, but I'm not quite that "militant.")

Abortions for me, but not for thee

More breathtaking political hypocrisy.

November 12, 2009

SCR 31.02(2) also unconstitutional

SCR 31.02(1) A lawyer shall attend a minimum of 30 hours of approved [continuing legal education] during each reporting period.

SCR 31.02(2) A lawyer shall attend a minimum of 3 of the 30 hours required under sub. (1) on the subject of legal ethics and professional responsibility in every reporting period.

Would you believe that rule is enforced by Michael Gableman.
Time shall unfold what plighted cunning hides;
Who covers faults, at last shame them derides.
Well may you prosper!
King Lear (I.i.284-86) (h/t Ralph Adam Fine).

Gableman has a constitutional right to lie

And he deliberately exercised it, according to Judge Ralph Adam Fine, who concludes that while Gableman did indeed violate the Wisconsin judicial ethics rule against telling lies about one's political opponent, that rule is an unconstitutional abridgment of speech.

Findings of fact, etc. (.pdf; 37 pgs.)

Judge Fine's significant analysis begins on page 20.

At least Judge Fine concedes that Gableman's teevee advertisement itself is a "statement," and that setting each of its individual spoken English propositions in isolation is "a crabbed reading, lashed to the mast of sentence-by-sentence literalism, and ignores the way we use language, often deriving significant meaning from implication."

The panel's decision also contains a number of admonitions directed toward Gableman, but all are completely toothless in light of its recommendation that the complaint against Gableman be dismissed.

The other two panelists voted to dismiss the Judicial Commission's complaint because Gableman didn't violate the code of ethics or, at most, only violated that portion for which no prosecution is available.

What's missing from the panel's opinions is any discussion of Gableman's — who was not only a candidate but a sitting judge at the time — professional obligation to adhere to the code of ethics in spite of his desire* to behave outside its restrictions, yet still within the broader protections guaranteed by the U.S. Constitution.

I guess this is what they call a "victory for free speech."
Gableman's lawyer, James Bopp, described the panel's recommendation as a complete vindication, the AP reported.
Disgraceful.

So, why exactly does the Supreme Court of Wisconsin require lawyers to complete biennial training in ethics to maintain their licenses? I mean, by what authority does Michael Gableman get to mandate that I complete biennial training in ethics? Also the First Amendment?

Because it's clearly not a moral authority.

* In fact the record shows that Gableman allowed his political advisers to convince him that it was a need: a need for lying attack ads even though those attacks were inspired by communications made by third-party interests that Gableman decided were politically threatening. That decision alone was a twisted ethical failure.

Earlier:
Loophole Gableman, Parte the Firste
Loophole Gableman, Parte the Seconde

Just imagine the other 149

Supporter of local politician mortified by "publicity grab"
If there is one thing about Neumann’s latest publicity grab this sort of reminds me in last year’s Wisconsin Democratic Presidential Primary in which Hillary Clinton was desperate to get a debate against Barack Obama.
Both Hillary Clinton and Barack Obama since failed in their Democratic bids to become President of Wisconsin.
It ain’t no joke website here especially with me being named best blogger of the 2009 Americans for Prosperity National Defending the American Dream Summit. I competed with over 150 different blogs across the nation to win the award.
The AFP's national bestest blogger is therewith attacking GOP gubernatorial candidate Mark Neumann on "career politician" grounds in defense of Neumann's rival Scott Walker. Mr. Walker's photograph appears in the dictionary under "career politician."

Beg your pardon, "public servant."
Walker has had ... 16 years experience as a public servant.

The reason why Neumann is a career politician because he has spent four years with the party establishment against conservative values.
h/t WisOpinion.com, whose standards slipped a notch yesterday.

Pictured: Scott Walker delivers a fiery non-political speech on the importance of completing post-secondary education to an audience of two million tea ceremonialists in Milwaukee, September 19, 2009.

More like interdependent groups

Harris Kane and Cory Leibmann have intriguing tales to tell.

Grassroots work up a sweat in one of the MAC's pools

Sean Duffy is a Republican candidate for the United States Congress. You may have seen him on MTV's The Real World: Boston. I mean, I didn't, but you may have (I was probably watching Rock of Love 3).

Duffy was preceded as district attorney in Ashland County by Michael Gableman, who was appointed circuit judge in 2002 by Republican governor Scott McCallum, and who also appointed Sean Duffy.

Gableman went on to preside over thousands of uncontested traffic tickets in Burnett County.*

Gableman lost Ashland County in the 2008 spring election after Wisconsin Manufacturers & Commerce spent nearly two million dollars underwriting the judge's "crime fighting agenda." Gableman recently approved revised rules of judicial ethics authored by WMC.**

* Actual Gableman campaign claim.
** But, thankfully, not the one he stands accused of violating.

November 11, 2009

Armistice

The next summer the soil, fertilised by twenty thousand corpses, broke forth into millions of poppies. The traveller who, on the road from Saint Tron to Tirlemont, saw that vast sheet of rich scarlet spreading from Landen to Neerwinden, could hardly help fancying that the figurative prediction of the Hebrew prophet was literally accomplished, that the earth was disclosing her blood, and refusing to cover the slain.
In Flanders Fields

Quote of the day

Laughter is a serious business, and comedy a weapon more dangerous than tragedy. Which is why tyrants treat it with caution. The actual material of tragedy is equally viable in comedy — unless you happen to be writing in English, when the question of taste occurs. The English are the most tasteless nation on earth, which is why they set such store by it.

Funny thing about Charlie Sykes

Seems he found it hilarious when Saturday Night Live joked about incest and pedophilia in Sarah Palin's family. But because those quips were in service of mocking the New York Times, then it's all good.

So there's more than just a whiff of partisan hypocrisy to all of this.

Not that anybody should expect otherwise, obviously.

November 10, 2009

Almost like Christmas!

Basic math says the Liberty Counsel has pulled in an estimated $300,000+, the Alliance Defense Fund an estimated $500,000+, and the American Family Association an estimated $600,000+ from selling their "War on Christmas" wares.
Got a good scam going there. Praise the Lord.

I'm no fan of the death penalty

But this one doesn't bother me* too much:
Shortly after 9 p.m., the executioners will inject Mr. Muhammad with a series of chemicals, ending with a fatal dose of potassium chloride, according to prison officials.
Governor Will Not Stay Sniper Execution
Tim Kaine, Virginia's first Roman Catholic governor, has openly expressed his faith-based opposition to capital punishment, but promised as a candidate in 2005 that he would carry out Virginia's death penalty law despite his beliefs.
Mr. Muhammed, as the Times calls him, was a terrorist and capital punishment — like it or not — is pretty clearly authorized by both the Fifth and Fourteenth Amendments to the U.S. Constitution.

It's too bad H.L. Mencken's "On Hanging A Man" isn't online.

* This one does.

A principled Republican

I'd vote for this dude:
If anything, [the "Impartial Justice" legislation] inhibits the ability of candidates to get their message out and it expands the influence of outside interests. That is exactly the opposite of reform and there is no way I could support that.
And this abridging of speech is bound to be troublesome, particularly as it's exacerbated by the expansion of those outside influences.

Moreover, bear in mind that a majority of the Wisconsin Supreme Court recently voted to insulate themselves against legal challenges based in the propriety of that influence by subjugating the people's right to due process of law to their political fundraising objectives.

I don't understand why more Wisconsinites aren't appalled by that, never mind the fact that anybody would actually celebrate it.
Legislators and the governor are expected to respond to public opinion. It's the very nature of their jobs. But judges are not at all supposed to concern themselves with or respond to public opinion. Their job, plain and simple, is to interpret the law and to make rulings and decisions based on their interpretation of the law.
Michael Ellis: Court campaign bill misses the mark

The core problem is that they are political candidates at all.

Surreal Debate Wisconsin

In which at least one man's ability to successfully order a chronology of events is discombobulated by the Barack Derangement Syndrome:
Your Obama Justice Department is on the loose again. This time they are [sic] asking for all visitors from a news website (a left of center one at that).

The embedded link contains this misleading observation:
Under long-standing Justice Department guidelines, subpoenas to members of the news media are supposed to receive special treatment. One portion of the guidelines, for instance, says that "no subpoena may be issued to any member of the news media" without "the express authorization of the attorney general" — that would be current attorney general Eric Holder — and subpoenas should be "directed at material information regarding a limited subject matter."
All very fascinating, because the subpoena in question was issued on January 23, 2009.* Eric Holder didn't succeed to the position held by his Bush administration predecessors until February 3 and then on February 25 — Lo and Behold! — the subpoena was withdrawn.

* And in fact the subpoena was issued by a United States Attorney, Timothy M. Morrison, who was appointed to that position in April, 2008 by George W. Bush's Attorney General Michael Mukasey (that would be the guy who took the reins after Alberto "Selective Amnesia Syndrome" Gonzales was effectively drummed out of office).

Meanwhile in Pennsylvania

A familiar scenario:
Once again, judicial elections have left a bad taste in the mouths of Pennsylvania voters. It's as if we all watched from the sidelines as some celebrities threw an expensive party, got into a fistfight and traded barbs in the tabloids the morning after. We were entertained for a few minutes and then wondered what it all had to with us.

But choosing judges IS important, and their decisions DO affect our lives. Selecting judges deserves a process worthy of the importance of the decision.
Judging the election.

November 9, 2009

We should be proud of our Supreme Court

... for its thoughtful consideration of this difficult issue.* The justices had to consider the First Amendment rights of individuals and organizations to participate in elections and the due process rights of litigants to receive a fair and impartial hearing before a court. These are both fundamental rights and weighing them can be a tough balancing act.
Not really. Without due process, the government could otherwise deprive persons of their property, their liberty, and even their lives.

Without the First Amendment ... what? You couldn't cut a Supreme Court judge a check for ten grand? And call that a balancing act?

Madness.

* And, presumably, also for the majority's verbatim adoption of the quoted author's trade association's proposed rules of judicial ethics, which was ostensibly intended to improve upon the public's perception of the court as a fair and unbiased dispenser of justice.