Scalding Scalia

scalia Never one to avoid a lively debate, Harvard law prof Alan S. Dershowitz (previous posts here) lays the wood to Supreme Court Justices Antonin Scalia and Clarence Thomas in this Daily Beast op-ed over the extent of their rationalizations to avoid restricting application of the death penalty:

I never thought I would live to see the day when a justice of the Supreme Court would publish the following words:

“This court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.”

Yet these words appeared in a dissenting opinion issued by Justices Antonin Scalia and Clarence Thomas on Monday. Let us be clear precisely what this means.

If a defendant were convicted, after a constitutionally unflawed trial, of murdering his wife, and then came to the Supreme Court with his very much alive wife at his side, and sought a new trial based on newly discovered evidence (namely that his wife was alive), these two justices would tell him, in effect: “Look, your wife may be alive as a matter of fact, but as a matter of constitutional law, she’s dead, and as for you, Mr. Innocent Defendant, you’re dead, too, since there is no constitutional right not to be executed merely because you’re innocent.”

You know, he’s got a point. As noted earlier here, Justices Scalia and Thomas’ rigid reasoning sure do lead to some dubious decisions.

A Texas original

Dan Jenkins Given the achievement of covering his 200th major golf tournament at the U.S. Open this past June, Clear Thinkers favorite and fellow Texan Dan Jenkins has been making the interview rounds and it has been a rollicking good time.

Last week at the PGA Tournament (Jenkins’ 201st major tournament), the PGA presented Jenkins to the press corps one afternoon and the interview session ended up being the most entertaining of the week. Here are a few snippets:

"It’s been a great geographic trip, because I got to cover the dominant player in the world from Texas [Ben Hogan] and then the one from Pennsylvania [Arnold Palmer] and then the one from Ohio [Jack Nicklaus], the one from Missouri [Tom Watson] and the one from Spain [Seve Ballesteros], and now a guy from California [Tiger Woods]. Pretty good geographic journey."

Recalling an anecdote from an Atlanta hotel that Jenkins stayed in while covering a tournament:

Jenkins: "What exactly is the name of the property we’re staying in?"

Julius Mason, a Jenkins friend: "It’s the Sheraton Four Points."

Jenkins: "Four points out of 10? No air conditioning, no ice, no TV, no phone. It was a grand slam."

On his future:

Question: "How long are you going to keep doing this?"

Jenkins: "I’m not qualified to do anything else. So I’ll be here until they carry me out and the message on my tombstone will be ‘I knew this would happen.’"

On his two passions, golf and college football:

"Hey, golf is fun. It’s beautiful. It’s elite. It’s gorgeous and all those things. But college football — it’s important. People live and die for that sport."

And, as noted earlier here, the 79 year-old Jenkins has taken to Twitter like a fish to water. Here are a few of his twit gems from last weekend’s PGA:

"Tiger three-putts for bogey. Still gets standing ovation."

"Tiger throws grass in the air on the fifth fairway. Gets another standing ovation."

On Vijay Singh’s 3rd round putting woes:

"Vijay putted today like your member-guest partner. The partner you don’t invite back."

"I see ‘Squeaky’ Fromme was let out of prison Friday. Maybe the Eagles will sign her."

"Female mixed martial arts seems to be catching on. Some of my friends believe they might have been married to a couple of them."

"I just noticed I’m closing in on 4,500 [Twitter] followers. My daughter says, ‘Great, Dad. Still two million behind Britney Spears.’"

On Irishman Padrig Harrington’s quintuple bogey 8 that took him out of contention on the final day:

"The Irish do love funerals."

On South Korean Y.E. Yang’s victory in the PGA:

"After conquering the LPGA Tour, the South Koreans have now set their sights on the men. And after all we’ve done for them."

Robert D. Novak, R.I.P.

robert_novak-704681 Longtime Washington political columnist and television political pundit Robert D. Novak died yesterday, ending a virtually unparalleled 60-year career of reporting on national politics from the nation’s capitol. David Broder, Jack Shafer. Tim Carney, Stephen Miller, Jeffrey Bell and the WSJ Editors do a good job of putting this formidable career and fascinating man in perspective.

Inasmuch as I was not particularly interested in Novak’s obsessive-style of political reporting in his columns and on television, I didn’t appreciate Novak until late in life. That changed when a friend recommended Novak’s The Prince of Darkness: 50 Years Reporting in Washington (Crown 2007) (prior post here), which I probably would never have read but for my friend’s urging.

Turns out that The Prince of Darkness is a thoroughly enjoyable read, particularly because Novak passes along his reflections on the relationships he had with virtually every major figure in American politics over the past 60 years, which pretty well spans my lifetime. I went from not really being interested in Novak to not being able to put the book down. It remains one of the most unexpectedly delightful books that I’ve read in the past couple of years.

Characters such as Novak are rare these days, and we are not the better for that.

Alain de Botton on the randomness of merit

If you watch just one TED video this year, check out this 17 minute presentation by Alain de Botton on the cult of meritocracy and related issues. H/T Epicurean Dealmaker.

Where is the outrage?

bob_dylan A couple of stories caught my eye over the weekend.

The first was the one involving Bob Dylan being pulled over by a couple of young cops while taking a walk in a New Jersey neighborhood a few hours before his show that evening. The theme of the story is how funny it is that neither of the 20-something year-old policeman recognized the iconic musician.

However, my thought was the same as Radley Balko’s — how sad it is that a 68 year-old grandfather cannot go for a walk in a neighborhood without being confronted by a couple of policeman and ultimately escorted back to his hotel. Dylan was doing nothing wrong and there was no report of a crime in the area, yet he is pulled over and taken off the street simply because he left his ID back at the hotel. As with the Gates affair, the primary reason that police are getting away with treating citizens in such a manner is that most of the public is simply making light of it when it happens to someone else.

BetOnSports-112508L Meanwhile, the Dylan affair received more publicity than even a greater outrage — that is, the guilty plea to racketeering charges of Gary S. Kaplan, who did nothing other than create and help run the publicly-owned internet gambling company named BetOnSports (previous posts here).

You may remember this lurid case from 2006. Avaricious federal prosecutors, with apparently nothing else to do, indicted BetOnSports, Kaplan and several other of the company’s executives were arrested while changing planes in the U.S. despite the fact that the company was not accused of doing anything dishonest toward its customers, who simply enjoyed placing bets online. As a result of the arrests and the indictment, BetOnSports ultimately liquidated, resulting in hundreds of millions of dollars in losses for American customers.

In essence, Kaplan and his associates were thrown in U.S. jails for years before trial and told that a business that they believed was legal was a criminal enterprise even though it was being run in the open and publicly-traded on the London Stock Exchange. Apparently, U.S. prosecutors now believe they can enforce even ambiguous U.S. laws on any business, wherever based, solely because some of the customers of the business happen to be Americans. The legal theory is bad enough, but the imprisonment of foreign businessmen passing through the U.S., while at the same time causing American citizens to suffer undeserved financial losses, reflects a serious lack of adult supervision at the Department of Justice.

Sure, Dylan is a funny old man now. And who cares about a few foreign businessmen who get inconvenienced by the American criminal justice system?

But as Sir Thomas More reminds us, "when the last law was down, and the Devil turned ’round on you, where would you hide, the laws all being flat? .   .  . do you really thing you could stand upright in the winds that would blow then?"

One of the clearest lessons of the 20th century is that large governments, unrestrained by their citizenry, have the capacity to cause unspeakable evil. As injustices such as the foregoing unfold with nary a protest from citizens, is that lesson already forgotten?

The Hubble Ultra Deep Field

I watched this video enlarged on my 27-inch HD monitor. It is incredible. Enjoy.

Johnnie Walker "Walk"

As noted earlier here, the most creative product being generated on television these days is commercials. The commercial below is the latest in that trend:

The Stanford D&O Policy

stanford_logo

This earlier post noted that alleged Ponzi-schemer R. Allen Stanford has been denied use of proceeds of a director’s and officer’s insurance policy to pay his defense costs because of claims made on that policy by the receiver appointed in the SEC’s civil lawsuit against Stanford Financial Group.

Inasmuch as Stanford’s personal assets have been frozen in that civil lawsuit, the lack of insurance coverage under the D&O policy has effectively prevented Stanford from finalizing arrangements for his defense in the criminal case. That state of affairs has certainly contributed to this unfortunate situation.

Thus, the issue of who is entitled to the proceeds of the Stanford D&O policy is extremely important, and Kevin LaCroix over at The D&O Diary has done this excellent analysis of the issues involved. It looks to me as if the Stanford officers have the better case than the receiver to the proceeds, but what do I know?

At any rate, if I am right, then Stanford and other Stanford Financial Group officers are being severely damaged as a result of the insurers declining to pay claims under the policy pending resolution of the receiver’s claim to the policy proceeds.

It sure doesn’t look as if anyone in the judiciary cares about that much.

Colbert does Julie & Julia

The crack about "certainly there was something they haven’t deep-fat fried yet" is an instant classic.