Civilization v. Trivia

Victor Davis Hanson’s latest NRO piece addresses that portion of American society that belittles President Bush and the administration’s policy toward Iraq and the Middle East without providing any meaningful alternative other than the continuation of the disastrous policies that culminated in the 9/11 attacks. The entire article is well worth reading, and the following will give you a taste for it:

Do the trivialists want Saddam and the Taliban back in power? Does a Mr. Allawi repulse them? Do they wish 10,000 American troops back in Saudi Arabia? Perhaps they want Libya to resume its work on nukes? Do they care whether Dr. Khan returns to his lab? Or do they think it is child’s play to hike back through the Dark Ages into the Pakistani borderlands looking for bin Laden? And is it all that easy to have prevented another 9/11 attack for almost three years now of constant vigilance? Perhaps they would like to deal with the corrupt, duplicitous, and tottering Saudi Royal family, which just happens to sit on 25 percent of the world’s oil reserves ? without whose daily production the economies of Japan, Korea, and China would almost immediately grind to a halt.
Only belatedly has John Kerry grasped that his shrill supporters are often not just trivial but stark-raving mad. If he doesn’t quickly jump into some Levis, shoot off a shotgun, and start hanging out in Ohio, he will lose this election and do so badly.
The war that Mr. Kerry and Mr. Edwards once caricatured as a fiasco and amoral is now, for all its tragedies, emerging in some sort of historical perspective as a long-overdue liberation.

. . . For over a year now, we have witnessed a level of invective not seen since the summer of 1964 ? much of it the result of a dying 60’s generation’s last gasps of lost self-importance. Instead of the “innocent” Rosenbergs and “framed” Alger Hiss we now get the whisk-the-bin-Laden-family-out-of-the-country conspiracy. Michael Moore is a poor substitute for the upfront buffoonery of Abbie Hoffman.

. . . It was politically unwise and idealistic ? not smart and cynical ? for Mr. Bush to gamble his presidency on getting rid of fascists in Iraq. There really was a tie between al Qaeda and Saddam Hussein ? just as Mr. Gore and Mr. Clinton once believed and Mr. Putin and Mr. Allawi now remind us. The United States really did plan to put Iraqi oil under Iraqi democratic supervision for the first time in the country’s history. And it did.
This war ? like all wars ? is a terrible thing; but far, far worse are the mass murder of 3,000 innocents and the explosion of a city block in Manhattan, a ghoulish Islamic fascism and unfettered global terrorism, and 30 years of unchecked Baathist mass murder. So for myself, I prefer to be on the side of people like the Kurds, Elie Wiesel, Hamid Karzai, and Iyad Allawi rather than the idiotocrats like Jacques Chirac, Ralph (the Israelis are “puppeteers”) Nader, Michael Moore, and Billy Crystal.
Sometimes life’s choices really are that simple.

Read the whole piece.

Stros quickly return to losing

The Stros wasted another strong pitching performance from the Rocket as the Dodgers used a three run yak from Paul Lo Duca to fuel a 3-1 victory before another crowd of over 45,000 at Dodger Stadium Saturday afternoon.
Clemens was magnificent, as he gave up only 4 hits and 3 runs over seven innings while fanning 8 and walking 2. However, the Stros other than Berkman had one hit (a Jeff Kent single) as they made journeyman Dodger starter Wilson Alvarez look like Fernando Valenzuela in his prime. Typical of the Stros’ hitting this season, they loaded the bases with one out in the seventh, but were only able to score the one run (on Mike Lamb‘s sac fly). “That was the ol’ ball game.”
In an interesting matchup tomorrow afternoon, ex-Stro fan favorite Jose Lima pitches for the Dodgers against the Stros’ Roy O, who will be pitching on only three days’ rest with the All-Star Game break coming up. Inasmuch as the playoff propects for the Stros now appear to be remote at best, these types of matchups are the only games that we will be able to look forward to for the remainder of this season.

Seventh Circuit decision on Blakely

Highly-regarded Circuit Judges Richard Posner and Frank Easterbrook of the Seventh Circuit Court of Appeals wrote the majority and dissenting opinions in this recent decision (U.S. v. Booker) interpreting the U.S. Supreme Court’s recent decision in U.S. v. Blakely.
In Blakely, the Supreme Court held that judges cannot increase a defendant’s sentence under the state of Washington’s sentencing guidelines based on facts and behavior that were not presented to a jury. Some sentencing guideline specialists believe that Blakely could affect the guidelines under the federal system.
In the Seventh Circuit decision, Judge Posner leans toward the position that the entire federal sentencing scheme is history because Blakely eviscerates the sentencing enhancements under the scheme. Judge Easterbrook is more cautious in interpreting the effect of Blakely. Hat tip to Southern Appeal for the link to this decision on a legal issue that is affecting many white collar criminal prosecutions, such as the sad case of Jamie Olis.
By the way, a relatively new blawg — Sentencing Law and Policy by Professor Douglas A. Berman of the Ohio State University Law School — is providing excellent commentary and insight on Blakely, Booker and other decisions that are affecting this important area of the law, particularly given the sledgehammer approach that the Justice Department is increasingly taking in white collar criminal prosecutions.

Oklahoma! at the Hobby Center

I have been remiss to mention that the latest play in Houston’s Broadway SeriesOklahoma! is currently playing through July 18 at the fabulous Hobby Center.
My wife, one of my daughters and I went to Friday night’s show, and it was outstanding. The tour that opened this past Tuesday at the Hobby Center is a generally faithful re-creation of the Royal National Theatre‘s acclaimed 1998 London revival, seen on Broadway in 2002. This excellent revival is a great afternoon or evening of entertainment, and if you want to combine a fine meal with the play, make a reservation at the Hobby Center’s Artista, which is one Houston’s finest new restaurants.
Oklahoma! is at 8 p.m. on Tuesdays-Fridays; 2 and 8 p.m. on Saturdays; and 2 and 7:30 p.m. on Sundays through July 18. Tickets range from $23-$64 and can be obtained either online or through the Hobby Center ticket office at 713-629-3700.

Ken Lay PR campaign continues

On the heels of his indictment and earlier extraordinary NY Times interview, the Houston Chronicle reporter Mary Flood interviewed former Enron Chairman and CEO Ken Lay on Friday on a wide range of topics relating to the indictment, his initial court appearance, and his post-Enron life.
On the indictment, Lay made the following observations:

He said he didn’t lie to Arthur Andersen accountants in an October 2001 meeting about how big a financial writedown hit the company might have to take for overpaying for a water company. He said the accountants gave him the numbers and told him what was going on.
Lay said he can’t be accused of misrepresenting the health of Enron’s retail business because he thought it was fine. He said there were legitimate business reasons for taking a wildly unprofitable section of the retail business and merging it into the profitable wholesale section, and it wasn’t meant to hide losses.
And he said he did not feel he deceived employees when he told them to buy Enron stock in September 2001 and said he’d recently purchased some himself, while never saying he’d sold six times as much stock as he’d bought.
“I don’t suppose I even thought about it,” Lay said of mentioning the $24 million in cash he’d taken out of the company in trade for Enron stock, but telling employees about the $4 million in stock he bought. “I don’t think it’s deceptive … but the (government) tries to spin sinister thoughts and motives around things,” he said.

And how did Mr. Lay pass the time in the holding cell between arriving at the federal courthouse on Thursday and his initial court appearance?:

. . .Lay started chatting with a couple of other men in his holding cell.
The two, in green prison garb and leg irons, were charged in the smuggling ring deaths of 19 undocumented workers in Victoria.
“One young man said: `I think I saw you on TV last night,’ ” recalled Lay, who had surrendered that day and was awaiting a court hearing so he could be freed on bond.
So for the next three hours, the former CEO and two alleged human smugglers talked. Defendants from other holding cells soon chimed in.
“A couple even asked me for investment advice,” Lay said with a laugh.
His response: “Well, I’ve not really thought much about that recently,” said Lay, who lost hundreds of millions of dollars after Enron’s collapse.

As noted before, Mr. Lay’s campaign to defend himself publicly is highly unusual in a criminal case of this nature. However, the public perception of anybody associated with Enron is so negative that Mr. Lay and his attorneys have apparently concluded that Mr. Lay has little to lose by attempting to persuade at least one potential juror that his management failures at Enron were not criminal in nature. All attorneys representing Enron-related defendants will be watching the upcoming trial in the Nigerian Barge criminal case closely to evaluate whether it is possible for a defendant tainted with the Enron association to receive a fair trial in this highly anti-Enron environment.
Meanwhile, The Economist — which has been providing some of the most insightful coverage of the Enron affair — notes that Mr. Lay’s defense theory of being an avuncular grandfather who was betrayed by underlings may be hard to prove:

In truth, though, Mr Lay was never the simpleton he now makes himself out to have been. Four years ago, in an interview with The Economist, he revealed an aggressive and somewhat dark management streak. In reply to a question about Enron?s perceived arrogance and disdain for the law, he pointed to what he considered another great firm unfairly maligned by ignorant critics as arrogant: Drexel Burnham Lambert, an investment bank that?like Enron?rose quickly from obscurity to market dominance during the junk-bond boom of the 1980s, only to implode amid charges of wrongdoing. Mr Lay gushed about the brilliance of Michael Milken, Drexel?s star trader, who ended up in jail. Mr Milken (a ?dear friend?) was accused of being arrogant, he said, but was just being ?very innovative and very aggressive?. Prosecutors will no doubt argue that the fraud at Enron was a direct result of Mr Lay?s push to make the company just as ?innovative? and ?aggressive? as the defunct Drexel.

In the meantime, the Lay Endowed Chair in Economics at the University of Missouri remains unfilled.

Stros edge Dodgers

Brad Lidge induced Shawn Green to hit into a nifty game-ending 3-6-1 double play with the bases loaded in the bottom of the ninth to spur the Stros to a 3-2 over the Dodgers on Friday night before almost 53,000 at Dodger Stadium in L.A.
Andy Pettitte rebounded from last Sunday’s awful outing against the Rangers and allowed just two runs on four hits, striking out four with no walks over seven innings. Lidge pitched the last two innings, and really had an adventure in the ninth as he almost walked in the tying run.
The long dormant Stros’ bats generated only seven hits, including Carlos Beltran‘s solo yak. Light hitting Viz drove in the winning run in the eighth after Palmeiro blooped a pinch double and Bidg sacrificed him to third. Both Beltran and Viz left the game with bruise injuries, but neither appeared to be serious.
By the way, inasmuch as Viz has had a good week of hitting, his slugging percentage is now approaching that of Bags, a clear sign that Bags’ decline this season is not a temporary slump. We are seeing the inevitable decline of a Hall of Fame quality player. I am now just hopeful that Bags and the Stros can work out an arrangement that will allow Bags to retire with dignity and not sully his Hall of Fame quality career.
The Rocket takes the hill for the Stros on Saturday afternoon against the Dodgers’ Wilson Alvarez (2-3, 3.77) as the Stros struggle to stay in the playoff hunt. The Stros enter Saturday’s game 9.5 games behind the Cards in the NL Central race, but only 2.5 games behind the second place Cubbies.