Lowering the Bar

Knife-Purchasers Must Register, Says Chinese Government

China's Ministry of Public Security, in full public-securing mode as the Olympic Games approach, has told citizens that anyone buying "potentially deadly knives" must now register with the state.  According to the government, "potentially deadly knives" include switchblades, knives with "blood grooves," and any knife with a blade measuring over 22 centimeters (8.66 inches) in length.

As you know, it is impossible to be killed by any blade measuring 8.65 inches or less.

As I mentioned in 2005, when we were discussing a proposal by some British medical experts that would have made pointy knives illegal, knife-control regulation goes back at least to the 17th century, when Louis XIV ordered that all knives in France be blunted in order to reduce violence.  As his grandson learned, a sharp point is not the only part of a blade that can be dangerous, but this idea still continues to come up now and then.

The Chinese government stated that regulations concerning any "knife tools" used by ethnic minority groups would be left up to "local autonomous governments," which might be a sign of a renewed commitment to civil rights if there actually were any local autonomous governments inside China.

Link:  Xinhua News Agency via Reuters

Poll: What's the Scariest Part of the Torture Memo?

There has been a lot of buzz over the last couple of days about the newly released memo written in 2003 to provide legal arguments in support of using torture aggressive interrogation techniques.  And there is probably more to come.  In particular, one of the footnotes of this memo mentions in passing that, in a previous (but still secret) memo, the authors had apparently concluded that the Fourth Amendment -- you remember, the one about unreasonable searches and seizures and blah blah blah -- "had no application to domestic military operations."

Depending on your point of view, I suppose that's either evidence that one of our most important constitutional rights was simply argued out of existence, or yet another demonstration that lawyers should not use so many footnotes.

This memo has been formally withdrawn, but the one mentioned in Footnote 10 has not been.

Still, probably nothing to worry about.  What could happen?  But if you are one of those people who is uncomfortable with torture aggressive interrogation techniques and/or likely to object to a simple domestic military operation(s) that is only designed to make the pie of our freedoms higher, then maybe you will be entertained, or distracted, by participating in the following poll.

Link: Military Interrogation of Alien Unlawful Combatants (Mar. 14, 2003)
Link: "Administration Asserted Terror Exception on Search and Seizure," Wash. Post

 

How Client-9 Was Caught

NPR had an interesting segment this morning (March 12) as to how Client-9, formerly known as Eliot Spitzer, was found out.  As you might expect, our old friend the USA Patriot Act had a part to play, helping fulfill its mission of keeping America safe from the emperors' clubs that threaten our way of life.  But there is more to that story.

You probably know that cash transactions of more than $10,000 have to be reported, but if, like me, you thought your many cash transactions totaling $9,999 were off the radar, think again.  NPR interviewed bank officials who said that bank software scrutinizes every transaction -- that's every transaction, whether you're withdrawing money you're going to use to rent "Kristen" or buying a croissant with your debit card -- and flags any transaction that is part of a pattern that the software deems "suspicious."  Client-9's frequent cash transfers -- each less than $10,000 but possibly adding up to as much as $80,000 -- were flagged by this software and this triggered a money-laundering investigation.  As it turned out, something probably needed to be laundered, but it wasn't money.

As NPR reports, part of this system was put in place by the USA Patriot Act.  Number of terrorists caught plotting (to date): [classified].  Number of governors caught cheating (to date): one.  Further proof that the USA Patriot Act is [classified].

But the irony lies in the source of another part of that same tracking system, which, it turns out, was put in place as a result of investigations into corporate financial practices by a certain zealous former New York attorney general.  Who is also, as of this morning, a former New York governor.  The Law of Unintended Consequences strikes again.

Andy Borowitz foreshadowed today's announcement with his post yesterday about Spitzer's tearful resignation from the Emperor's Club.

Link: NPR.org (audio)
Link: Get Yourself a Client-9 T-Shirt

Deadline to Apply for Internship With Sen. Larry Craig is March 15

Remember, time is running out to apply for an internship in the office of Senator Larry Craig (R-Idaho).  The deadline is March 15, 2008, or when Senator Craig resigns, whichever comes first.

"For those interested in politics," Craig writes on his official site, the internship position represents "an incredible opportunity to get a behind-the-scenes look at how our government functions."  Even if you are not particularly interested in government or politics, you may still have ample opportunity to get a behind-the-scenes look at something or other.

Among the senator's primary mission goals:

• To deliver "high quality constituent service,"
• To protect the nation "while guarding our personal freedoms,"
• To ensure access to adequate health care and spacious, private restroom facilities, and, most importantly,
• To "defend and strengthen the traditional values of the American family."

As you fill out the essay portion of the internship application, you should remember that the senator takes an especially wide stance on many of the issues above.

Link:  Official Website of U.S. Senator Larry Craig

FBI Rejects Waterboarding In Favor of Starbucks

Writing on the New York Times website Tuesday, Mike Nizza discussed the revelation that in contrast to the CIA's admitted use of techniques like "waterboarding" to try to get information out of Al Qaeda suspects at Guantanamo, FBI interrogators used less coercive tactics.  Namely, giving the men "food whenever they were hungry" and, on occasion, even Starbucks coffee.

Maybe there is more to this story -- like maybe once the suspects got used to Starbucks, they threatened them with having to go back to Gitmo-blend coffee unless they talked.  That might still be cruel and unusual.

As Nizza points out, the Starbucks detail is interesting for a couple of reasons.  First, there is now officially nowhere on the planet that does not have a Starbucks.  (Guantanamo also reportedly has a gift shop, which is good to know.)  Second, if the FBI has been successful this way -- and 60 Minutes reported recently that a tactic called "conversation" also worked with Saddam Hussein -- are the CIA tactics necessary or even a good idea (setting aside whether they are legal)?

According to the Washington Post, an FBI team has been working with the suspects since 2006, attempting to get incriminating information that the CIA had already obtained, but without using any controversial techniques in the hopes that the admissions would hold up in court.  Whether or not the information has already been tainted by the earlier tactics, though, remains to be seen, according to a former judge advocate general who spoke to the Post.  "Once you torture someone," he said, "it is hard to un-torture them."

On the other hand, Justice Scalia thinks we should not be such pansies about this "so-called torture," as he referred to it in a BBC interview.  "Is it really so easy to determine," he said, "that smacking someone in the face to determine where he has hidden the bomb that is about to blow up Los Angeles is prohibited in the Constitution?"  Turns out that's a rhetorical question.  "It would be absurd to say you couldn't do that," he continued, "and once you acknowledge that, we're into a different game."  Sounds like pretty clear guidance -- if you are a character on "24."

So, today's lesson is that if you have time to interrogate a suspect, you should be nice and bring him Starbucks; but if the bomb is ticking, feel free to smack him in the face.  Don't say you never learned anything from reading Lowering the Bar.

Link: The Lede (NYT)
Link: Download the podcast of Justice Scalia re: smacking terrorists in the face

ABA Demotes Gonzales from "Lawyer" to "Newsmaker" of the Year

On December 12, the ABA posted a statement on its website announcing that it had named former U.S Attorney General Alberto Gonzales as "Lawyer of the Year" for 2007.

Feedback was received.

Two days later, it posted another statement saying that its terminology had been misunderstood, and that "Lawyer of the Year" was not intended as an accolade but rather only to mean "the year's biggest legal newsmaker."  It noted that Time Magazine  has followed a similar policy and has occasionally faced a similar controversy.  (Bonus trivia points if you can name Time's "Dictators of the Year" for 1938 and 1939.)  The Journal regretted that it had not made its theme clear.  "We appreciate the feedback we've received," the statement said, "and we're acting on it."

Gonzales is now the "Newsmaker of the Year."  The story is (allegedly) otherwise unchanged.

The new rationale left many commenters still unhappy, noting that the title still sounded like an award and so headlines would likely give that impression.  "[B]y your standards, Michael Vick should be named 'Quarterback of the Year,'" said one comment posted on the ABA's website.

Runners-up for the position of Newsmaker [Who Happens to Be a Lawyer] of the Year included other controversial figures such as Michael Nifong, who prosecuted (for a while) the Duke University lacrosse players charged with rape.  Nifong really should be the Newsmaker [Who Used to Be a Lawyer] of the Year because he no longer has a license to practice law.  Also on the list, "Scooter Libby," Howard K. "Not Anna Nicole's Baby Daddy" Stern, and Marvelous Monica Goodling, among others.

Oddly, the ABA has already named the Newsmakers [Who Happen to Be Lawyers] of the Year for 2008, though no news has yet been made during that year.  The predicted winner: new U.S. Attorney General Michael Mukasey, who is indeed very likely to make a headline or two.  Still, seems like we could wait to name the biggest newsmaker of 2008 until after that person has actually made news in 2008.

Link: American Bar Association (the statement)
Link: ABA Journal (the newsmaker story itself)

After "Evaluation of the Past," City Says Stalin Will No Longer Be Honorary Citizen

The city government of Kosice, the second-largest city in Slovakia, voted on Friday to take away the honorary citizenship it granted in 1947 to Josef Vissionariovich Dzhugashvili, also known as Joseph Stalin, apparently having learned a few disturbing facts about the guy that had not previously come to its attention.

After a "moral evaluation of the past," said a spokesperson for the city, "Kosice councillors have decided to take back this title."  According to the article, the title was awarded in 1947 "in recognition of the Red Army's liberation of the city towards the end of World War Two."  It may have also had something to do with not wanting to be murdered by Mr. Stalin, who it seems was leader of the Soviet Union at the time.

The extent of the government's investigation into Stalin's past is not clear, but a quick check of Wikipedia reveals that Stalin was the Secretary of the Central Committee of the Communist Party of the Soviet Union from 1922 until his death in 1953, and must have been a really good secretary because he got to make a lot of important decisions.  According to Wikipedia, some of these decisions may have been a little questionable, such as having almost a million people executed and letting another 2 million die in concentration camps, and also causing a famine in which maybe 6 to 8 million died.  He does not seem to have actually killed anyone in his own family, although he reportedly did respond to learning that his oldest son had tried but failed to commit suicide by saying "He can't even shoot straight."

So with that kind of evidence of good citizenship, it is easy to see why the 1947 citizenship honor was still in place 54 years after Stalin's death and 14 years after the breakup of the Soviet Union itself.  A similar motion brought before the Kosice city council actually failed in 2001, and a number of local lawmakers reportedly abstained from the successful vote on Friday, arguing that a "more exhaustive analysis" was necessary.

I haven't researched the topic as long as they have, but I'm not really finding anything all that positive.  What's somebody going to argue?  "Yes, Mr. Stalin was a thug and a butcher who may have killed as many as 20 million people, but on the other hand, he was a marvelous dancer."

Link: AFP via Yahoo! News

New Rules Will Require Chinese Buddhists to Apply for Reincarnation

Over the weekend, China's state-run media outlets reported that new rules taking effect this fall will require Tibetan Buddhists to get government permission to be reincarnated.  According to the Xinhua news agency ("Xinhua" is Mandarin for "If I don't read this, I will be shot"), the new rules are "an important move to institutionalize the management of reincarnation of living Buddhas."

That rumbling sound is George Orwell spinning in his grave, preparing to tunnel to Beijing in order to go all "Resident Evil" on the Chinese Politburo.  (With any luck, zombie George Orwell will have a few more stops to make after that.)

The new rules will require "reincarnation applications" to be filed with and approved by state religious-affairs officials.  These rules apparently apply at least to those claiming to be "living Buddhas," influential religious figures who are believed to be continuously reincarnated in order to fill the same position over and over again, sort of like the members of the committee that runs your law firm.  I assume the Dalai Lama is the most prominent of these, although the report discussed only the Panchen Lama, the #2 Lama in Tibetan Buddhism.

The Panchen Lama seems to have most recently shown up in the early 1990s, in the form of a six-year-old boy, but was quickly arrested by the Chinese government, which seems awfully unfair given that there was no application requirement at the time.  The government then "found" its own Panchen Lama, who according to the report has been "paraded around" in recent years to promote Chinese rule over Tibet.  As this suggests, there are sometimes competing "candidates" claiming to be the reincarnation of a particular person, and the government is trying to set itself up as the official reincarnation authority.

The new rules take effect on September 1.  Those planning to be reincarnated as living Buddhas in the near future are advised to complete that process as quickly as possible.

Link: AFP via Yahoo! News

Toga Party Attendance is Critical in Abu Ghraib Defense

Lt. Col. Steven Jordan is currently on trial for 12 charges relating to the torture -- sorry, "maltreatment" -- of detainees at Abu Ghraib prison.  His defense attorneys have argued that Jordan was actually not in charge of the interrogation center at the time of the alleged offenses (between September and December of 2003), and that Col. Thomas Pappas was in charge then.  Given the timing involved, It appears to have become a critical question whether Col. Pappas attended a Halloween 2003 toga party at Abu Ghraib and spoke to the troops to "lift their spirits," that being some evidence that he was the one in charge.

Off the top of my head, three thoughts:

1. It's a little surprising, but maybe shouldn't be, that the Army doesn't really know for sure who was in charge of what and when.  I thought that this was an issue of some importance in the armed forces, but I admit I am not a veteran.  Maybe they just "wing it."
2. It seems highly unlikely that people already at a toga party would need any cheering up, at least at that particular moment.  The idea of a bunch of guys moping around in togas just does not really ring true.
3. They had toga parties at Abu Ghraib.  Sadly, that does ring true.

Jordan, who would have been the "Otter" in the Abu Ghraib version of "Animal House," is the highest-ranking officer to be charged for what happened at Abu Ghraib.  Pappas ("Bluto" Blutarsky) was reprimanded and fined $8,000 for approving the use of dogs during an investigation, but has not been criminally charged.

Undated picture may show Pappas
supervising the 124th Military Intelligence Brigade.

Did I just compare Abu Ghraib to "Animal House"?  Good God.  Although, the AP did it first. I blame the media for its superficial treatment of this important issue.

Link: AP via FindLaw.com

U.S. Happy to Evacuate Americans from Lebanon, and Will Even Let Them Pay Later

As a result of the media ignoring all the good things about Lebanon, lots of people are overreacting and wanting to get out of there just because it looks like a full-blown war is starting up.  On Tuesday many countries began operations to evacuate their foreign nationals from the country.  Eight hundred French citizens got out on a ship that carried evacuees to Cyprus, from where they can fly home.

Maybe they'll come back for Americans, because otherwise most U.S. nationals will be enjoying Beirut for a while.  The government airlifted out 70 Americans on Monday, and sent helicopters to the U.S. Embassy to get another 60 today.  At that rate, it will only take until August 4 -- that's August 4, 2007 -- to get all the Americans out.  The pace may pick up a bit in a few days, when a U.S. battle group and some cruise ships the government managed to round up will arrive in the area.

CNN reported that it was receiving many calls and emails from stranded Americans hoping to get out.  "A week into this conflict, and I am still waiting to hear back from the American Embassy," wrote a Denver woman.  If you would like to be evacuated from Lebanon, please press 1 now, and then stay on the line.  "Those who wish to leave should ready themselves immediately," an embassy statement said Tuesday to Americans who have been ready for a week.

Best of all, those Americans who can get the goverment to evacuate them will be required to reimburse the State Department for the cost of the trip, at least to a point.  CNN reported that Americans who were to be evacuated on the approaching cruise ships were "being asked to sign promissory notes to repay the U.S. government for the journey."  Many people, including (not surprisingly) Nancy Pelosi, were outraged by that requirement.  She called on the president to guarantee the costs.  White House Spokesman Tony Snow pointed out (correctly) that the repayments are actually mandated by federal law.  Under the 2003 Foreign Relations Authorization Act (I guess our foreign relations have been completely unauthorized until just now), while government employees get evacuated for free, private U.S. citizens have to reimburse the State Department, but only up to the cost they would have paid for a "reasonable commercial air fare."

Link: CNN.com
Link: 22 U.S.C. sec. 2671

Lawmakers Demonstrate Commitment to Conservation

With gas prices getting higher all the time, lawmakers on both sides of the aisle have been quick to show concern, and many have been jumping on the alternative-fuel bandwagon.  That includes top House Republicans, who held a press conference yesterday at a BP gas station to show their commitment to energy-efficient vehicles.  House Speaker Dennis Hastert and others rode to the media event in hydrogen-powered cars, and drove away in them, even.

Well, actually, they drove about a block, then got out of them and got back into their SUVs (or, as the Post described them, their "pre-positioned gas-guzzling armored SUVs") for the drive back to the Capitol.  Unsporting photographers were lying in wait and got pictures of the switch:

Speaker Hastert before and after the press conference.

Hastert's spokesman (of course the Speaker has a spokesman) said that Hastert had wanted to ride in the hydrogen car, but his security detail "demanded that he ride in the much more secure armored SUV."  South-east DC is a bit dangerous, yes, but it ain't Baghdad.  Some wondered if the security detail was having Hindenburg flashbacks.

To be fair, lawmakers from both parties have been hypocritical about this.  As the Post itself pointed out, the GOP event "followed one by Senate Democrats on Wednesday, who rode in their gas guzzlers to an Exxon station a block from their offices to blame Republicans for high fuel prices."

Link: Washington Post (free registration required)

Iraqis Can Now Buy Terror Insurance

The New York Times reports that at least one thing has a guaranteed future in Iraq: terror insurance.  The state-owned Iraq Insurance Company has begun to insure ordinary Iraqis against, according to the policy rider, "the following dangers: 1) explosions caused by weapons of war and car bombs; 2) assassinations; 3) terrorist attacks."

It appears to be the first off-the-shelf terrorism policy in the world, according to insurance experts contacted by the Times.   For 125,000 dinars, the policy will pay out five million dinars, which sounds like a lot, and it is a lot of dinars, I guess, but only about $3,500 American.

American consumer-rights advocates say the policy is way overpriced.  According to the expert the Times quoted, for the equivalent of 125,000 dinars you could get maybe $75,000 in coverage, "and that would cover you no matter how you died."

So far the company has sold about 200 individual policies, and is negotiating with government agencies and employers to sell group policies, which is probably a good sign that things are going really well in Iraq.  Although they say they have yet to pay on a single claim.  "The contract is a good luck charm," said an IIC executive.  Could be, or it could be that a guy who happened to be standing next to a car bomb has a little trouble filling out the claim form.

New York Times

World's Newest Democracy Enters Modern Age

No, not Iraq.  Be serious.  I'm talking about Sark.

Sark, the smallest of the Channel Islands, is a self-governing dependency of the British crown, meaning that it is technically owned personally by the Queen but is not part of the United Kingdom.  Sark is about 5 square miles in size and holds 600 residents.  For the last 450 years, Sark has continued to operate under the feudal system -- the heads of the island's 40 ruling families meet periodically to raise taxes and decide legal issues.  Until Wednesday, anyway, when these legislators -- known as the Chief Pleas -- voted to adopt democracy (for everybody else, that is).

Many Sarkers, or whatever they're called, were perfectly happy with the old system.  "Feudalism is a great system and has worked very well for the island," said one.  "[We were] hoping to reform through evolution, not revolution."  Only 165 of the 600 residents bothered to participate in a poll on what kind of government they wanted.

Until the Queen has approved the changes and the new legislature gets to work, Sark will retain its feudal laws, many of which date back to 1565.  The president of the Chief Pleas, called the "Seigneur," is required to take an oath of allegiance, pay annual rent, and maintain 40 armed men to "keep the Island free of the Queen's enemies."  (The "40 armed men" are still required by law to own muskets.)  The rent has never been adjusted for inflation and so is currently about four bucks a year.  One of the perks the Seigneur gets in exchange for these duties is that he or she is the only person on the island allowed to own pigeons, which is nice.

My favorite of the Island's legal rules is that you are still apparently able to get an injunction the old-fashioned way.  According to Sark's official website, "Under Norman custom a person can obtain immediate cessation of any action he considers to be an infringement of his rights.  At the scene he must, in front of witnesses, recite the Lord's prayer in French and cry out "Haro, Haro, Haro!  A mon aide mon Prince, on me fait tort."  This is called the "Clameur de Haro."  You then register your Clameur and the actions must cease until the court can hear the matter.  This is so much better than our boring old motion for a temporary restraining order.  I just want to be able to register my Clameur.

USATODAY.com
Official Website of Sark, That Small, Sweet World of Wave-Encompassed Wonder