DC&H's Question for the Day (maybe for the ages)

Just how the hell do you lose Bartolo Colon?

Protests try to tea bag the nation, Obama

As you've heard by now, right-wing groups around the country are staging their own little "tea parties" as a protest against the Obama Administration's efforts to clean up the economic mistakes made by the now-gone, right-wing Bush Administration. Fox News has essentially been sponsoring them (and is rightly getting called out for it).

These groups essentially argue that the recent economic bailout is too large, and they've picked Tax Day 2009 as their day to protest what they see as irresponsible government spending. Check Freedom Works, one of the groups organizing these tea parties, for a list of grievances. As with any conservative "movement," this has its problems.

First, calling it a movement is probably too much. As Krugman noted Sunday in the NYT, these tea parties are "astroturf": fake grass roots events staged by powerful, wealthy interests who oppose the Obama Administration. These are just media events created by the wealthy and the powerful to try and frustrate the goals of our newly elected President and the Democratic Congress. In other words, the people who got us into this mess in the first place are trying to screw with the people who are trying to clean it up. Awesome.

Second, calling this a "tea party" is total horseshit. The Boston Tea Party was a protest against foreign governance in the colonies; our way of saying that we wanted to govern ourselves. It was about freedom, and later those same guys who threw tea into Boston Harbor also spoke in opposition of the British crown, which was punishible by death, and fought a war for their freedom. Today, the Hummer-driving, white-collar Reaganistas complain about paying taxes on their marginal income at a rate that is now lower than it has ever been. Please, Reagan-lovers, don't insult the Boston Tea Party by naming your self-aggrandizing right-wing love-ins after one of the most patriotic moments in our history. It's silly, and you make yourselves look stupid.

Last, and I can't stress this enough, these are the same ideas and people that got us into this mess in the first place. That they have the nerve to try and stage a "revolt" against the ideas and people who are trying to fix their mess is beyond absurd. Three months after Obama's inauguration, four months after their guy did the same thing, and six months after the nation told them where they can shove their destructive ideas. Words fail me.

So, if on April 15th you run into one of these groups tea-bagging their way through your town, give 'em hell. They deserve it!

"Where the hell have we been?" Wednesday

My apologies to our readers (if there are any of you left) for the, oh, roughly 40-day break here at LSWTF.com. I don't know about the other contributors, but I've been busy as shit this last month (tried three cases, fun times). Really, I've got no excuse for myself. Hopefully we'll be back in full effect soon.

Without further delay:

In Vermont news: the Vermont Legislature overrode Gov. Jim Douglas' veto of same-sex marriage legislation that passed both the House and Senate last week. Douglas says this is no time for celebration; it's time to move on. Other opponents: repent, for this is a sign that the end is nigh. Everyone else: planning for the fall wedding season. My prediction: the fall foliage will have never looked so good for thousands of Vermont couples.

In international news, the crew of a U.S.-flagged ship retook their ship from Somali pirates today. Why is this not surprising to me? The captain, Richard Phillips, is from Underhill, Vermont, proving once and for all that Vermont's slogan should be "We're small, but we're fierce!"

In baseball news (and because I'm a Red Sox fan), Josh Beckett seems to have returned to form, striking out 10 Rays yesterday in Boston's 5-3 win over defending A.L. champ Tampa Bay. I know, it's the first start of the year, but I was seriously happy to see Beckett hitting 96-97 on the gun after he looked like he was tossing BP in the ALCS last year. Lester goes tonight for the Sox against Scott Kazmir.

Yeah, I bought one. Better safe than sorry.

Lastly, in news I didn't see coming, gun sales are booming in part because of the sour economy. While spending a few hundred dollars on something you may never use sounds counterinuitive, never underestimate the powerful paranoia your fellow Americans feel. Your neighbor Bill just lost his job at the factory. You could A) help him with his electric bill, if he'll let you or B) buy a gun in case Bill goes nuts and decides to steal grandma's silver. Seems most folks are choosing B. Only in America.

Congratulations to Jim Rice!

Congrats to Jim Rice on his election to the Hall of Fame on his 15th ballot.  Finally, the greatest and most feared hitter of his generation is getting his due.

Tuesday Two-fer

Israel's push in Gaza has entered its tenth day.  And by all accounts, it's (predictably) a humanitarian crisis.  Palestinian civilians are bearing the brunt of the Israeli attack: Palestinian casualties have exceeded 550, fuel and water has been cut off to hundreds of thousands, and basic medical care is hard to come by.

The stated purpose, of course, is to rid Gaza of its Hamas political leadership and to put an end to years of rocket attacks.  Israel has expressly said that it has no designs on occupying Gaza (Strip, not City).  But, however, there seems to be something strangely familiar, even Bush-like, about the assault.  When our nation invaded Iraq, we, at least at some point, stated that our goal was to crush terrorism and promote democracy and freedom.  But we went into Iraq with guns blazing, stirring up a hornets nest that still hasn't died down.

Israel, according to the spokesman I listened to on NPR this morning, aims to instruct the Palestinians that they should abandon terrorism and direct their efforts towards things like economic development - things that promote peace.  But the approach, to me, is both disproportional and wholly misguided.  Why not invest in better infrastructure, free economic development, and improving impoverished conditions rather than bombing folks into the stone age?  Just doesn't seem right.

On the home front, we're nearly two weeks away from Inauguration Day, which we're all waiting for.  And waiting for our new President will be the worst financial meltdown we've seen since the Depression.  We all know that.  And, we all know that the way to solve all this is to prop up our vital industries and financial services companies with huge, huge infusions of cash and credit.

Or do we?  If you've been following the editorials, you'll note some folks, like Paul Krugman of the NYT, noting that one of the worst fiscal moves our country made was President Franklin Roosevelt's attempts to balance the federal budget after only a few years of deficit spending during the Great Depression.  The theory goes that if he and Congress hadn't pulled back, the Depression wouldn't have last as long as it did.  Therefore, the thought goes, we should not make the same mistake twice and fail to dump many trillions of dollars into our economy.

But let me play devil's advocate here for a moment, bearing in mind that I'm no economist.  However, what about letting things be?  At least part of the modern conservative theory of capitalist economics holds that from time to time modern economies must re-allocate resources from less productive industries to more productive industries.  Our economy has recently been tied up in financial services and heavy investment in real estate.  That served us fairly well after we recovered from the collapse of heavy manufacturing.  If we prop up our economy now, do we in some way prevent it from transitioning to the next big thing?  Should we hold up on the economic stimulus, maybe let this thing play out, regardless of the pain?

I hate you, NFL

I have grown steadily more ambivalent about football for many years now.  The professional game, to me, no longer seems like a sporting event so much as a giant media spectacle.  Pardon me if I'd like football more like Rudy and (a lot) less like Any Given Sunday.

And, right now, the Pats have roared back to tie tonight's game against the hated Jets.  It's a great game.  But, I can't watch it.  It's on the NFL Network, and my cable company doesn't offer that channel unless we pay more.  So, yes, more affirmation that the NFL is quickly shifting away from promoting a sport and moving quickly towards just being a media spectacle.  Way to try to grift more money from your fans.  Good work, you bastards.

At least we have Senator Leahy (and many others) calling the NFL for its greed.

11:32 Addendum: the game is going into overtime.  Eff you NFL.

Dispatches from "Real" America: You Can't Make This Up or Make It Go Away

I graduated from a college deep in the heart of "the Heartland," the midwest. When I was there, I got to know a guy from southern Missouri. Wasn't a great friend with him, but some time ago he added me on Facebook. Trying to be amicable, I approved the friend request. Last night, I saw that he'd posted the rant I've re-posted below.

This, I imagine, is what those folks deep in the "Heartland" of "Real" America are thinking right now. Personally, I find it bigoted and paranoid, but I'd like your take. I'll let this speak for itself. I'll give the author full credit for his spelling and grammar errors.

-----------------------------
Authored & Written By: ZCC

Proud to be an AmericanThis is MY Rant: Feel free to read, get angry, and Re-Post... because America needs to know

I cannot believe this.

Democrats across the country are defending Barack Hussein Obama, including their own approach to a REAL-LIFE interpretation and personification of what the Bible says is going to come to pass. Now, Mr. or Mrs. Democrat, my Master's Degree may not be in Policital Science, Economics, or even Theology (which it isn't) but I know from my backrow Baptist education all my life that Barack Hussein Obama represents NONE of the qualities that Jesus spoke of when it comes to DEFENDING what is right and what is ours. The Israelites were commanded to defend their holy land, and allowed to kill thousands in the name of THE ONE true GOD in the Old Testament... why is that? Now, I don't have a big fancy title behind my name, but my knowledge comes from reading the bible and that discernment is that God has a purpose for this Nation, and it isn't to become part of any "One World Government" or any "One World Religion" or any "One World Currency" or even any "One World Peace". The Bible tells us that when these things happen... to BEWARE, because the World is about to be deceived. So what does Barack stand for? He's got a lot of rhetoric, but - not to be facetious - where's the creme filling? He has ZERO substance to his policies. You can argue with me until you're blue in the face, but you neglect to show me how dropping my taxes, cutting spending to education, and in turn taxing the big corporations who employ millions of Americans out the nose (which by the way, will just be passed on to the average American in the form of wage freezes, cut benefits, and large scale downsizes & layoffs), is going to have ANY EFFECT AT ALL on Lowering the federal deficit? ITS NOT!!! And I swear, what is the mantra that all Democrats are forever proclaiming like a jihad's anthem? "Down with the Evil Republicans! They only make the Federal Deficit Higher!" Don't feed me that rotten tuna sandwich, there is nothing edible there. That claim is about as credible as Rev. Wright's sermon's.

So would I bring all this up without a point? I'm a good ole' boy from Missouri. I have a public school education, I come from a blue collar family, and I have been able to support myself and I pay taxes every year. I'm also middle class. I'm also BETTER OFF now then what I (or my family) was 8 years ago when Clinton was in Office. Our country is free, our Military might strong, and our allies stead fast. I work, I am able to pay my bills, and I respect our President. How can a self-proclaimed Christian with good conscience cast a vote for someone who's personal record has as much credibility as a White House intern during the Clinton Administration? No, I take that back... at least THEY had some government experience under their belt (however illegitimate)! The truth is that you can't. What's scarier is how much money has come into Barack HUSSEIN Obama's campaign fund from 3rd World AND Middle Eastern Countries!?!? Some people might site GWB's ties with the Saudi's and their alleged contributions to his Campaign fund in '00 and '04. Is a vested interest in our Country's oil supply really the same as electing a self-denying closet Muslim as President? We as a Nation should be pushing ourselves SO FAR AWAY from Barack HUSSEIN Obama as a Presidential Candidate! Most Democrats would say, "Why? We have no legitimate or credible evidence to support those outrageous claims!" Well - Democrats - Please... for me... tell me where I can find:

1.Occidental College records -- Not released
2.Columbia College records -- Not released
3.Columbia Thesis paper -- Not available
4.Harvard College records -- Not released
5.Selective Service Registration -- Not released
6.Medical records -- Not released
7.Illinois State Senate schedule -- Not available
8.Your Illinois State Senate records -- Not available
9.Law practice client list -- Not released
10.Certified Copy of original Birth certificate -- Not released
11.Embossed, signed paper Certification of Live Birth -- Not released
12.Record of your baptism -- Not available

Truth is, you can't produce those things! Even if John McCain was a COMPLETE Scoundrel, a TOTAL BUREAUCRATIC SCUMBAG (which most Democrats behind closed doors would say that he is)... I'll take a dishonest, greedy redblooded patriotic VETERAN American over someone with as many shady, radical, and UN-AMERICAN accusations running through their camp. The bible says to abstain from the VERY APPEARANCE of Evil. How can Democrats (who claim to call themselves Christians) with a clear conscience vote for Barack HUSSEIN Obama. Truth is, they think that they're doing what's right.

Can you imagine what would have happened, GOD Forbid, if we would have had a Barack HUSSEIN Obama in office on September 11th, 2001? Seriously, think about it. Instead of showing military might, like GWB did in good faith, we could have been hearing things like "Now let's not jump to conclusions and go attacking some people just because we have supposed evidence showing that they were muslim extremists. It's just not right for us to drop to their level and attack them just because they killed a few thousand innocent, unarmed, non-militant civilian Americans unprovoked. We should instead show compassion. I will send the peace corps into Afganistan to meet with the Taliban and ask to see if we can have a face-to-face meeting with Osama Bin Laden to talk about our differences."

Folks, you have got to be out of your minds. THIS MAN WANTS TO SIT DOWN FACE TO FACE WITH HORRIBLE PEOPLE AND TRY AND "Talk Things Out!" Can you imagine how WWII would have ended if FDR said that he wanted to sit down and talk with Hitler or Hirohito?! COME ON PEOPLE! How many more thousands of Americans have to DIE at the hands of terrorists before we wake up and smell the anthrax! THEY HATE US! North Korea HATES US! Iran HATES US! Cuba HATES US (yes, even with Castro Jr.in charge)! Venezuela HATES US (Obama seems to like the idea of meeting with Chavez for a face-to-face meeting to 'talk about things' - even as Chavez is filtering $MILLIONS$ of American Dollars spent via Citgo & Valero to fund Anti-American Terrorism)

Yeah... sure. You better wake up, people. This is not a drill, and it's not a test. This is the viability of our country and our own children & grand children at stake here.

Some lofty people in special interest groups like Acorn or NOW or NAACP can sit up on their high philosophical pulpit and preach tolerance and peace to all the masses who have been lulled to sleep by DECADES of absence of REAL GUT-WRENCHING World War.... but us REAL Americans, like myself and others from proud Small-Town America... we aren't fooled. You may think that you're doing the Nation a service Mr. & Mrs. Democrat, by telling me you're lofty bourgeois'ish doctrine and anarchist, "I'd Like to Buy the World a Coke & Live in Perfect Harmony" twisted philosophy & doctrine but those of us who work for our paycheck and ESPECIALLY those of us PERSONALLY touched by the losses of 9/11/01 (my Uncle was in the Pentagon) we're never forgetting. It may be easy for some people to sit back and elect someone when they don't understand the eminent consequences. This is REAL, and as long as there is breath in THIS American’s lungs, I’m going to fight against it.

-ZCC-

Cracks in the Facade

I think we all saw this one coming. Our favorite GOP Governor, former beauty queen, sportscaster, airborne wolf hunter, and current GOP VP nominee Sarah Palin is going off-script as the McCain campaign lurches towards the finish line. Rumor is that she has a strong image within the Republican Party (even though she couldn't even get an Anchorage-based newspaper's endorsement), and will likely be the most-liked Republican after this election. She's evidently focused on distancing herself from McCain, simultaneously stabbing him in the back and fleeing for political safeground, like a rat fleeing a sinking ship. So much for "Country First," right Sarah? Especially when you're ambitious.

My first thought is that if you didn't think Obama had a strong chance to win on Nov. 4th before today, you should think so now. She's clearly pulling a John Edwards (in the political sense, not the sexual), and that's not a good sign for the McCain folks. My second thought is that if she's about to become the standard-bearer for the Republican Party, I feel very, very sorry for the GOP. As much as I can anyway. As Bill Maher said this weekend, the GOP used to be a bunch of old, white guys who were just interested in managing your money, and that was okay. I can be fine with patricians. Now, it's the party of anti-intellectualism, rightist evangelical Christianity, and hawkish global intervention. It's sad, really.

What this might me in the long run is rather interesting. US politics don't translate easily to a multi-party system. Third parties work short-term, but have never had long-term viability. What will happen to the GOP after this election? Will the various factions fight about the future of the party, or will they fragment into two distinct brand of American conservatism? I foresee one version modeled after the UK conservative party and another that is a wholly American social conservative-only brand.

What do you think? Does anyone care?

McCain leading Obama on the economy as common sense lights itself on fire

Sorry, Sports Guy, I had to borrow your catchphrase, because things have really gotten that silly.

Today's news brings us word that John McCain (McBush, McPow, McDouche) has opened a lead in polls asking Americans who they think would be a better steward of our economy. As NYT columnist Paul Krugman points out, this is mainly Obama's doing. It's hard to get folks on your side when you vacation in Hawai'i during the election and if your economy speechs are so riddled with statistics that the average person gets lost in the numbers. To Obama's credit, however, he's hitting back with some solid ads in battleground states (saw one last night - it was very good).

What's most troubling about this turn of events is what seems to at the core of McCain's bump - offshore drilling and gas prices. We've damn near hit stagflation (stagnant job growth + inflation) on account of rising gas prices and a U.S. economy that's struggling to readjust. To an economic layperson like myself, the root of our economic problems appears geared to our dependence on oil. Our economy is built around cheap oil, and it so thoroughly infused in our daily lives that when the price of oil jumps, not only does the cost of everything jump, but also our business stop growing.

The solution, one would think, is simple. To borrow a term from conservative economist and former Fed Chairman Allen Greenspan, we need a little creative destruction (I know, he didn't figure this one out, but his book explains it well). Our nation needs to restructure the economy not just to ween itself off oil, but to also to make itself generally more efficient. We've seen what happens when we tie our economic fortunes to one type of energy: we fail. It's like all those Red Sox teams that were built on power hitting alone - great on paper, but utterly decimated by good pitching. The rising price of oil, to make a terrible analogy, is like good pitching.

And this is why it's utterly mystifying why John McCain should be considered stronger on the economy. The sum total of his economic and energy policy lately has been off-shore drilling, which equates to continuing dependency on oil (to be clear, he's also a tax-cut-aholic, but energy is the main concern now). Are we merely so frightened by the price at the pump that we're willing to do anything to pay less for gas, or are we Americans truly ignorant regarding the economy? To borrow from Simmons again, common sense is about to light itself on fire, and probably jump out the window to make sure. This is absurd.

Here's to hoping that Obama gets the message and clears up his act. He's a gifted orator, he knows the problems with the economy, and he has a better way to fix them (or at least a credible one). We can't afford four years of McCain.

DC & H's Thursday Threesome

It's not that kind of threesome, perv.

I have this friend, Adam, who cannot stand white people. And who can blame him? There's probably nothing so loathesome as an self-important suburban white kid who has led a sheltered life. But, thankfully my friend Adam needn't worry for too long. Turns out, by the middle of this century, white folks will in the minority. Which makes me think, white folks ought to start making up for hundreds of years of douchebaggery with a quickness, no?

In other news, you are commanded to skip the movie Tropic Thunder. They drop the R-bomb too many times.

Lastly, this morning USA basketball absolutely worked Greece today at the Olympics, avenging the loss to years ago in the World Championships. Amazing what happens when Team USA finds a dozen guys who actually care about representing their nation and not letting (pardon me) Eurotrash walk all over them.

Written while listening to the Beatles' Long and Winding Road

All in the Name of Douchebaggery, or, the Epitome of Being a New York Giants Fan

Minutes after the New York Giants upset the New England Patriots in Super Bowl XLII, I got a text from a Giants fan friend of mine. Some wise ass comment, I fired back with something equally retarded. It was the beginning of two weeks of nothing but Giants fans, and New York-anything fans in general, getting their licks in. The fact is, New York fans will go to any length to stick it to Boston/New England fans.

And now I have proof. Here's Aaron Kaplowitz, writing for the Boston Globe of all newspapers, describing his trip to Central America to find a 19-0 Patriots Super Bowl XLII Champions shirt. As the article's tag line explains, it was a trip for a painful piece of Patriots history, undertaken by a Giants fan. That's a long trip in name of douchebaggery, Mr. Kaplowitz.

Like I said, they're a loathesome bunch.

Good stuff happens on Tuesdays

And I have some proof. First off, news out of the Congo that primatologists have found nearly 100,000 lowland gorillas no one knew existed. I say this is great news first because these gorillas have been on the brink of extinction since the middle-1980s. I got my undergraduate degree in anthropology, and if I hadn't been seduced by the glamour and money (both of which I'm still waiting for) of a career in the law, I'd have gotten my Ph.D in primatology. This is a tremendous find because we still tons to learn about our physiological make-up as well as how our brains function. Finding more of our evolutionary relatives is a big deal.

Next, a victory for my favorite technological innovation: DVR. A U.S. Court of Appeals (I think 1st Circuit, but this article is basically crap) overruled a district court's decision that prevented Cablevision from offering its customers "network DVR," a remote DVR system that would eliminate the need for an in-home DVR set up. This could allow the DVR technology to become available to more homes, and hopefully also make it cheaper.

Aside from apes, monkeys, and the law, I also dig not having to arrange my schedule around when a network decides to air my favorite shows. I have been things to do Monday-Friday than sit down and watch television. TV is entertaining, but should be relegated to those times when one is hungover and can't do much else but stay stationary. DVR allows me to be entertained when sitting on my couch on Saturday mornings, as opposed to watching re-runs of Mythbusters. And that is why it is the most important technology of this century.

Rats!

Found this story about a group of Connecticut Democrats who aim to greet Senator Lieberman at the GOP National Convention in Minneapolis with a 30-foot inflatable rat by way of Vermont Daily Briefing. I cannot think of a better greeting for the DINO Senator from Connecticut. This is just simple buckets of pure awesome.

Problem is, the Senator might not attend. He's not a Republican, well, not officially a Republican. Still, I think this rat thing is brilliant. Lieberman is detestable on so many levels: this Republican thing, his foreign policy, for sounding like a d-bag every time he speaks, etc. I have to support these folks. So, I have a plan. I'm going to buy a plastic rat. I'm going to write the Senator a nice, short letter thanking him for his service, put it in a box with the plastic rat, and ship it off to the Senator. You can, too! Senator Lieberman's contact info. Details and photojournalism to come.

DC & H's Thursday Throwdown

I don't know what my deal is today. At some point this morning, my every effort at being productive ended in failure. I truly have the dumb. Onward.

In case you didn't know, and I sure didn't, sunglasses are the next hot fashion accessory. Teenage girls and sorority sisters everywhere will be begging mom and dad for 350 bucks for new shades. Not sure what the Magnificent Bastard would have to say about them, but I plan to stick with my $20 Dive Shades.

Iran may be part of the Axis of Evil (or, now that Iraq is on our side, should we call it the Axle of Evil? There are only two left after all), but that doesn't stop it from being funny. I mean, come on, doctored missle photos? What was the point?

In baseball news, all that I can say is finally.

In other baseball news, I'm taking my folks and my brother to Fenway this Sunday. Dice-K is on the hill after a solid effort against Minnesota, and the offense is clicking. Hopefully going to be a bad day to be an Oriole.

In politics, you have to take advantage of your opponent's gaffes. With Obama allegedly moving to the right, with Jesse Jackson giving Obama hell, and with Fox pounding Obama daily, John McCain and his campaign must be shifting into high gear trying to show the nation that he's a great guy and perfect to lead, right? Oops. Whining bastards.

And lastly, just your daily reminder of this administration's hubris.

The MSFP of 2008 and back to the grind

After what I call "The Major Social Faux Pas of 2008," and because of a load of work I have to get done, I took a break from posting here. However, some news stories are just too good to pass up, work and whatever-you-call-what-Dews-did be damned. Onward!

In Vermont news, Governor Jim Douglas got a pie in the face during Montpelier's Fourth of July parade. The pie pugilist turned out to be a man in a Santa suit upset with Douglas's decision to let the Vermont Yankee nuclear power plant's owners bail on their duty to create a decommisioning fund. And then things got weird. Barre mayor Thom Lauzon, who was walking with Douglas in the parade, took off after the not-so-jolly tart tosser when the mayor noticed that Douglas's security wouldn't leave the governor. Mayor Lauzon tracked down the man, used his ninja moves, and brought him to the ground (I'm not kidding here, just watch the video).

Aside from the obvious concern for the Governor's safety (how in the world could a guy get that close?), this would be hilarious but for Lauzon's actions. I'm a Barre guy. Thanks for making my town look ridiculous once again, mayor. Awesome. Perhaps you should wear a cape and a mask to the next city council meeting.

In other news, South Carolina has a plan to let Christians purchase special license plates. Frankly, I have nothing against special license plates per se. But, as usual, the devil is in the details. Seems that if you want a Star of David license plate, a plate to express your faith in Islam, or if you want the world to know you're a Hindu, that'll cost you a few thousand dollars, much more than the Christian plate. Plus, you can't have a trendy message, like the "I Believe" message on the Christian license plate. And don't worry, as the article notes, if you're against this plan, you both have a bias against Christianity and you don't believe in freedom of speech. Right.

Lastly, and certainly not least, an approving nod to my friend AK at Anachronistic Polytheism for her pithy commentary on the Facebook TMI Phenomenon. Yes, I know you get hammered on the weekends. Yes, I know you went home with that girl with too much make-up in the boob shirt last weekend and are now planning matching ass tattoos and now co-own a dog. And, yes, I also know you have an ugly baby now (damn, that's an ugly ass baby!). But, really, do you need to put every possible bit of information about yourself on Facebook?

Back to work, folks. Enjoy your Monday.

Obama opts out of public campaign financing

Today, Senator Barack Obama opted out of public financing for his presidential campaign, becoming the first major party candidate to do so since the system was created in 1976. Oddly, I'm fine with this.

The public financing system limits the amount that a candidate can spend to spread his message, but it does nothing to stop advocacy groups from spending all sorts of money to promote their ideas and candidate, or from spending all kinds of money to disparage a candidate or someone else's ideas. Who can forget the Swift Boat Veterans for (their version of) Truth?

Because we live in what we should call the Swift Boat Vets era of campaigning and campaign financing, it is unrealistic for a candidate to limit himself to public financing and its restrictions. Political action committees, with their nudge-nudge, wink-wink relationships to major candidates, can attack from any angle, sometimes with devastating effectiveness. Campaign finance restrictions like those we have in place lead to a battle of the PACs, and the veneer-thin notion that our candidates (and their supporters) are not skirting the rules. It all appears just the tiniest bit dishonest. Just a tiny bit.

Frankly, I think that our campaigns need to borrow a page from the Securities and Exchange Act. Since the 1930s, if your company is selling stock, you need to make a book available to the public that describes everything your company is doing, has done, and will do. Everyone knows your business. We need to do the same for candidates. I don't care how much money a candidate gets, I just want to know how he got it, and who from. The FEC already keep this kind of information. Now, we need to make the candidates get pro-active and send this info out to whoever wants it.

The Truth

17

Five for Friday

This week has been a bit relentless. Tons of work and not a lot of sleep on my end, at least. Same goes for the rest of the LSWTF.com crew. So, apologies. Without further ado, my Five for Friday.

First, if you're an woman attorney, I think the last thing you might want to hear at a deposition is, "Respectfully, I think he's just referring to the fact that he can see your breasts."

Next, if you're David Stern, you can't make this NBA ref game-fixing story go away fast enough. Apparently former NBA ref (and, as Stern points out, convicted felon) Tim Donaghy has some dirt on other refs fixing games, including a playoff game from 2002. Now other refs are getting accused. For once, in my opinion, the NBA actually has its atrocious refereeing going for it. As my good friend the Tenacious Mr. Lee put it, "I don't even know what a foul in the NBA is anymore." It's that bad. Now, I ask you this, how are you going to prove that a ref called a foul intentionally? How are you going to prove intent to rig a game, when there are dozens of borderline calls per game? I think the NBA gets away from anything really bad, like game-fixing, but has to fix its officiating system, or fans are going to walk away.

Third, keeping with the NBA theme, Game 4 last night featured the greatest comeback in NBA Finals history, and it has the C's within one game of their 17th championship. Honestly, I turned the game off after the first half. I hadn't slept well in days, was falling asleep, and badly needed a shower. My buddy, Tenacious Lee, called at the start of the fourth, asking if I could believe the comback. I had no idea what he was talking about. I officially suck, a lot.

Fourth, your semi-weekly dose of Krugman: it's about time we stopped living in our laissez faire dream world, and actually got to business making sure our food is safe. Reminder, don't eat any tomatoes for a while.

Fifth, and last, Boumediene v. Bush, yesterday's habeas corpus detainee case. Split 5-4, the U.S. Supreme Court held that the Guantanamo detainees have the right to seek review of the legality of their detentions in federal court, striking down as unconstitutional parts of the Military Commissions Act and the Detainee Treatment Act. You can get the full opinion, with the dissents, here (via Scotusblog). I haven't had the chance to fully read this one, but needless to say, with the Court's focus on the Suspension Clause, this election year is going to be huge. Congress may well take another crack at creating legislation to suspend habeas for detainees. This case, along with the decision in The DC Handguns case, will set the tone for this election cycle.

As if you needed a reason not to vote for him

First there was the debacle on the night Obama wrapped up the Democratic nomination. Now, John McBush has sealed his defeat. He has promised to veto beer. Every single one. Vetoing beer is proof the Republican Party hates you and doesn't want you to be happy.

Legal News You Can Use: A Victory for Fantasy Sports

On Monday, the U.S. Supreme Court denied review of the Eighth Circuit case Major League Baseball Advanced Media v. CBC Distributing (Docket No. 07-1099). In that case, Major Leauge Baseball, the Players Association, as well as the NFL, NBA, NHL, NASCAR, WNBA, and PGA argued that they have the sole right to control the use of player (driver, golfer) likenesses and statistics for fantasy sports games. MLB-AM had lost twice: in the District Court for the Eastern District of Missouri and at the Eighth Circuit.

MLB-AM had argued that, under Missouri law, players had a right to managed how their likenesses are used, a right to managed their publicity. CBC argued that it had a First Amendment right to use this widely-available information, and that the First Amendment right trumped whatever claim the players had under Missouri state law.

The Eighth Circuit agreed, holding that the First Amendment right, when balanced against the state law claim, was more important. Important, I think, for the development of this law, the Eight Circuit said that MLB-AM's state law claim barely implicated that which Missouri had sought to protect: the right of an individual to protect his or her livelihood where the individual's likeness is central to the individual's ability to earn a living. It was telling, in my opinion, when the Eighth Circuit noted that ballplayers are "handsomely" reward for their work, can secure a living through endorsement deals, and that there is no chance inclusion in a fantasy sports game can be viewed as an endorsement of the game itself.

By not granting review, the Supreme Court let the Eighth Circuit's decision stand as an important statement of law on the issue of the First Amendment right to use information in the public domain, such as players' likenesses, statistics, and nicknames. It's a win for fantasy sports owners, but I think also a win for those of us who are concerned that the law of intellectual property is becoming too artist-, player-, and company-friendly.

That said, anyone interested in getting an MLB second-half league together?