Commentary Magazine


Contentions

Judges’ Vacation on the Public’s Dime

The General Services Administration outraged taxpayers last month after news broke that it had taken a ritzy, $800,000 trip to Las Vegas on the public dime. But now it looks like the 9th Circuit Court of Appeals is set to outdo them. Nearly 700 participants are expected to attend the 2012 Ninth Circuit Judicial Conference in Hawaii, the schedule for which includes yoga, paddleboard lessons, and a snorkeling trip. Cost to the taxpayers? Around $1 million, Senate Republicans estimate.

Senators Jeff Sessions and Chuck Grassley, ranking members of the Senate Budget Committee and Judiciary Committee respectively, are demanding an explanation. They sent a letter outlining their concerns to Chief Justice Alex Kozinski, who is apparently responsible for the trip:

Although the conference does not “officially” open until Monday, the registration desk is open on Saturday and Sunday, with sport fishing scheduled for Sunday morning and a golf tournament scheduled for Sunday afternoon. Throughout the conference schedule there are other activities unrelated to the business of the court, including yoga, surfing lessons, stand-up paddleboard lessons, Zumba (a Latin-inspired dance program), a tennis tournament, a day trip and tour of Upcountry Maui, a Gemini Catamaran snorkel trip, and an activity called “The Aloha Experience.” While the site makes clear that government funds are not to be used for any recreation or sporting activities and that court-related matters will be substantively considered, the program reads more like a vacation than a business trip to discuss the means of improving the administration of justice.

We are concerned about the overall cost of the conference and do not believe that discussions about the administration of justice would be less successful were they held somewhere other than a spa and resort in Hawaii.

The senators are requesting information on the cost of previous conferences and an explanation of why the Hawaii location is necessary for the trip.

Obviously, $1 million seems like a small amount when you consider our larger spending crisis. But this is really about the problem with a government culture where these taxpayer-funded excursions are considered acceptable. If the GSA and the 9th Circuit Court of Appeals are doing this, then who else is? If these trips are unnecessarily extravagant, then what else are agencies and courts wasting money on throughout the year?

True, Hawaii might be under the 9th circuit’s jurisdiction. But so is Idaho, and the plane fares and hotel costs are substantially less there. Better yet — why not nix the conference altogether, and hold the lectures and presentations online?

Our Shameful Afghanistan Legacy

On Monday, Josh Rogin reported on a “shadow summit for Afghan women” held in Chicago during the NATO summit there, calling attention to the concern that allied withdrawal from the country will leave women in Afghanistan at the mercy of the grotesquely misogynistic Taliban. Yesterday, Human Rights Watch’s Ken Roth followed by lambasting NATO’s seeming lack of attention to human rights, especially for women in Afghanistan.

Roth noted that “many of the world leaders assembled in Chicago — though, notably, not Karzai — spoke eloquently about their commitment to human rights, particularly for women. But the test of that commitment is whether anybody cares enough to put in place a concrete plan to carry it out.” Human rights advocates are worried that when troops leave, the Taliban will work to delete any and all progress on women’s rights. This morning, the Taliban again answered that concern: they will not wait for the troops to leave:

More than 120 schoolgirls and three teachers have been poisoned in the second attack in as many months blamed on conservative radicals in the country’s north, Afghan police and education officials said on Wednesday….

Afghanistan’s intelligence agency, the National Directorate of Security (NDS), says the Taliban appear intent on closing schools ahead of a 2014 withdrawal by foreign combat troops….

Afghanistan’s Ministry of Education said last week that 550 schools in 11 provinces where the Taliban have strong support had been closed down by insurgents.

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Attack on Catholics Could Turn the Election

On Monday, 12 suits were filed in federal court by 43 Catholic institutions, including the University of Notre Dame, Catholic University, and the archdioceses of New York and Washington. The suits are an effort to overturn the Department of Health and Human Service’s mandate for contraception, sterilization and abortion-inducing drugs under the Affordable Care Act — a regulation that forces Catholic hospitals, universities and charities to act in ways that violate their conscience and the teachings of their church.

“The government … cannot justify its decision to force Notre Dame to provide, pay for, and/or facilitate access to these services in violation of its sincerely held religious beliefs,” Notre Dame’s lawsuit  argues. “If the government can force religious institutions to violate their beliefs in such a manner, there is no apparent limit to the government’s power… The First Amendment also prohibits the Government from becoming excessively entangled in religious affairs and from interfering with a religious institution’s internal decisions concerning the organization’s religious structure, ministers, or doctrine. The U.S. Government Mandate tramples all of these rights.”

The University of Notre Dame, is should be said, is not an institution that is naturally hostile to President Obama. After all, it awarded Obama an honorary degree in 2009. Read More

Friedman’s Unilateral Delusion

In today’s New York Times, op-ed columnist Thomas Friedman tries to come to grips with reality when he acknowledges that Israeli Prime Minister Benjamin Netanyahu has vanquished all of his domestic foes and has built a government with an overwhelming majority and the support of the country’s electorate. Friedman can’t help but be snide about what is to him a disheartening turn of events. He notes that “there are Arab dictators who didn’t have majorities that big after rigged elections.” But at least he has the sense to admit “Bibi is prime minister for a reason. He was elected because many Israelis lost faith in the peace process and see chaos all around them.”

The prime minister’s priority will be to keep the country unified in the face of the nuclear threat from Iran. And rather than spend too much time chasing after the fantasy that the Palestinians will agree to make peace, most Israelis hope he will use his huge majority to enact electoral reform, an idea that has the potential to diminish the influence of the ultra-Orthodox and thereby resolve the problem caused by that sector of the population not doing their fair share of military service. However, Friedman and other Netanyahu critics have other ideas. Not surprisingly, they want Netanyahu to use his power not to pursue his own ideas but to implement an unrealistic peace scheme of their devising.

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Primaries Make Obama Look Like a Loser

It didn’t take long for liberals to start spinning President Obama’s poor showing in two more Democratic presidential primaries last night. As was the case in West Virginia, more than 40 percent of Democrats in Arkansas and Kentucky voted against the president. While the president was spared the humiliation of being nearly bested by a jailed felon (his opponent in West Virginia), an unknown lawyer did as well as the jailbird in Arkansas, while the ever popular “uncommitted” got more than 42 percent in Kentucky. It should be admitted that these are protest votes in contests where the electorate is presented with a done deal. Moreover, President Obama didn’t win any of these states in 2008 and won’t win them this year, so Democrats are entitled to deprecate the results as not having an impact on the outcome. But the willingness of so many members of his party to turn out to vote against him must still be considered a danger sign for the incumbent.

For those seeking rationalizations for Obama’s troubles, Alec MacGillis in the New Republic points out Obama actually did worse than John Kerry did in some counties in these states in 2004. And though they are far less sanguine about the meaning of these numbers than MacGillis, Chris Cillizza and Aaron Blake of the Washington Post raise the possibility that white racism is the reason for Obama’s problems. They speculate that some white southerners retain some vestigial loyalty to the Democrats as the party of their ancestors but would still never vote for a black. But as Cillizza and Blake point out, the unrest in Democratic ranks has implications far beyond these three states.

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Obama Ignoring CENTCOM on Iran

When history judges President Obama for the schizophrenic debacle that America’s AfPak strategy has become – and it will – his inability to integrate the advice of military leaders will figure prominently:

The president ordered his advisers to start making plans for a U.S. exit. “This time there would be no announced national security meetings, no debates with the generals. Even Defense Secretary Robert M. Gates and Secretary Hillary Rodham Clinton were left out until the final six weeks.”… the planning process would be left to those who agreed with the president. Dissenters were not invited. It’s hardly the picture of a harmonious policy process or a “tough-guy” leader in sync with the military that the White House was eager to sell….

Max’s post from earlier this week outlines how Obama put his “own political calculations front and center in making national security policy,” from ignoring his generals on the Afghan surge to shutting them out totally from withdrawal planning. The president, having pushed Afghanistan as “the good war” during the election to deflect from his Iraq defeatism, had to at least make a token gesture at trying to stabilize the country. That political necessity clashed with his genuine desire to withdraw, and the combination resulted in the worst possible policy: more American troops in harm’s way, but not enough to win.

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Meet Marine Corps Cpl. Trent Winstead

At the Palazzo Hotel in Las Vegas, 20-year-old Marine Corps Cpl. Trent Winstead is trying to explain a feeling he calls “the beast mode,” which is how he describes the rush of adrenaline he felt in combat.

“We always joke around whenever we’re really just getting it. You know, like trucking. Like, if we’re all in a Hawk or something, and somebody’s like…” he trails off. “I don’t really know how to explain it. Just beast mode.”

That rush is one thing Trent seems to look back fondly on about his time in Afghanistan, the country where he spent three months in 2010 and lost his right leg.

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IOC: Been There, Done That, on Munich

Days after the news broke that the International Olympic Committee (IOC) had refused Israel’s request for a moment of silence for the victims of the 1972 Munich massacre, the IOC finally issued a rationale for its decision. But the group’s perfunctory and lame excuse for why not one moment could be spared to remember the 11 Israeli athletes who were slain by Palestinian terrorists won’t convince anyone. As CNN reports, the group’s attitude can be summed up as a mere case of been there, done that.

“The IOC has paid tribute to the memory of the athletes who tragically died in Munich in 1972 on several occasions and will continue to do so. The memory of the victims is not fading away. One thing is certain, we will never forget,” Andrew Mitchell, an IOC spokesman, told CNN.

IOC President Jacques Rogge will attend the Israeli team’s traditional reception in memory of the victims at the Games. “However, we do not foresee any commemoration during the opening ceremony of the London Games,” he said.

In fact, the only substantive commemoration of the 11 Israelis came immediately after their murder which was then followed by a blunt statement by the then head of the IOC Avery Brundage — a well known anti-Semite — to the effect that the Games were too important to be further postponed by the tragedy. Since then, though Olympic officials have paid lip service to Israeli efforts to remember the 11, there has been a consistent effort to downplay or ignore them. If, as the spokesman claimed, the IOC “will continue” to pay tribute to their memory, why is one moment of silence during a ceremony that goes on for hours too much to ask?

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The Nikki Haley Pinata Spectacle

Remember the time that some random liberal hanged Sarah Palin in effigy for Halloween? This is like that, except instead of “some random liberal” it’s long-time South Carolina AFL-CIO President Donna DeWitt; instead of Sarah Palin it’s South Carolina Governor Nikki Haley; and instead of hanging it’s beating with a baseball bat.

The spectacle is kind of pathetic – impotent revenge fantasies, even and especially ostensibly ironic ones – always are. And the crowd, especially the grating woman in the background who’s doing most of the cheering, seems far more into the imagined beating than is DeWitt. And, at the risk of deflating what’s bound to be a couple newscycles of outrageously outraged conservative commentary, this happened at a picnic, and we used to be a culture that met these things with eye-rolls rather than calls for professional accountability.

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Obama’s Bain Hypocrisy

ABC News reports that one of Obama’s top bundlers, Bain Capital executive Jonathan Lavine, actually appears to have had much more of a connection to the Ampad plant-closing issue than Mitt Romney did:

The Obama campaign’s latest attack tells the story of workers at an Indiana office supply company who lost their jobs after a Bain-owned company named American Pad & Paper (Ampad) took over their company and drove it out of business.

Here’s what the Obama web video doesn’t mention: A top Obama donor and fundraiser had a much more direct tie to the controversy and actually served on the board of directors at Richardson, Texas-based Ampad, which makes office paper products….

Lavine started working for Bain in 1993. He was one of three Bain executives who served on the board of directors of Ampad for several years, a post he held until 1999. Here’s a news release announcing his departure from the company in April 1999.

Lavine’s placement on the board of Ampad suggests he had a more direct role than Romney in the series of events surrounding the layoffs, labor disputes and eventual bankruptcy of the Marion, Ind., factory featured in the Obama campaign video.

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Iran Provides New Test of Obama’s Mettle

Just hours after an announcement that an agreement between Iran and the International Atomic Energy Agency on access for inspectors was imminent comes a new bit of news that could render the entire diplomatic process moot. As the Associated Press reports via the Times of Israel:

Iran announced Tuesday that it had delivered its first two batches of domestically produced nuclear fuel to a Tehran research reactor. The move comes on the eve of talks between Tehran and six Western powers over the future of the country’s nuclear program. The move is widely seen as an attempt by Iran to boost its bargaining position by exaggerating its nuclear technology.

Tehran had tentatively agreed to ship its enriched uranium abroad in order to produce such fuel in 2009. By moving the fuel rods to its own reactors, Iran will effectively put the kibosh on a deal by which it would send the fuel abroad.

While one has to applaud the sheer chutzpah of the Iranians in conducting this maneuver on the very day that IAEA chief Yukio Amano was in Tehran to negotiate with them, it does speak volumes about their utter contempt for their Western negotiating partners. Do they really think they can get away with this? But an even better question would be to ask whether the P5+1 negotiators led by EU foreign policy chief Catherine Ashton are so desperate for an accord as to go forward with the talks even as the Islamist regime contradicts the terms of the proposed deal.

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Pressure Booker? From Inept to Dishonest

Earlier today I criticized Obama campaign spokesman Ben LaBolt for his strikingly inept television appearance. But ineptness is one thing; misleading people is quite another. And as this new RNC ad  makes clear, LaBolt’s statement that the Obama campaign did not reach out to Newark Mayor Cory Booker in the aftermath of Booker’s defense of Bain Capital was simply not true.

Mayor Booker himself admits he was contacted by the Obama campaign. Which means that LaBolt was either lying or he’s speaking out on issues he has no knowledge about while giving us the impression that he’s an authoritative voice.

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Warren’s Indian Problem Isn’t Going Away

Genealogy has become a popular American pastime, but it’s not one that Elizabeth Warren seems to be enjoying. The law professor turned Democratic Senate candidate has discovered to her displeasure that more attention is being paid to her somewhat tenuous claim to Native American ancestry and the use her academic employers made of this fiction than her attempt to defeat Massachusetts incumbent Scott Brown. The Atlantic’s Garance Franke-Ruta has compiled all the available evidence on the matter and found some facts that will comfort Warren and others that her critics will promote. But even after we have gotten to the bottom of this — and Franke-Ruta appears to have done so — that won’t solve her problem. Warren’s dilemma is more pressing than merely the irony of a “progressive” hoisted on the petard fashioned by the left.

Warren is vulnerable on this score not just because it is amusing to see a liberal squirm after being called out for masquerading as a minority. Rather it is the fact that she’s a relative newcomer to politics and this controversy is helping to define her. Though she’s right that this is a distraction from the issues, having entered the public imagination as the object of popular scorn in this fashion, it’s going to be difficult for her to shake this image of faux Indian in the next six months.

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Ike: Good Man, But Not a Great Leader

In his New Republic review of Jean Edward Smith’s new Eisenhower biography, Rutgers historian David Greenberg rightly take legions of Ike-worshippers to task for sugar-coating Ike’s mixed performance as both a general and a president. As Greenberg notes, Dwight Eisenhower was not the amiable dunce of contemporary caricatures but nor is he the genius and giant he is now made out to be.

Not even his greatest admirers make any great claims for his tactical prowess, while many of his specific decisions during the liberation of North Africa and Western Europe were deeply flawed. (One decision that he got right–and that Greenberg needlessly criticizes him for–was sticking by George S. Patton after the latter slapped a couple of soldiers for alleged cowardice. Ike realized what Greenberg does not: that this was a small price to pay for Patton’s tactical genius.)

His presidency was even more problematic. While one can make the case, as Smith does, that Ike presided over eight years of peace and prosperity, the same might be said for other presidents such as Ronald Reagan and Bill Clinton or, in the case of two who did not serve a full eight years, Theodore Roosevelt and Calvin Coolidge. Ike’s achievement was not as unprecedented as Smith makes it out to be, nor did he have the kind of accomplishments that FDR (got the nation through the Great Depression, helped win World War II), Truman (the containment policy) or Reagan (helped end the Cold War) had.

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Poll: Obama’s Big Lead With Women Gone

President Obama and Mitt Romney are in a dead heat in the latest Washington Post/ABC News poll, partially because Obama’s wide advantage with women last month has evaporated:

One of those times came last month, when Obama held a seven-point advantage. That lead was fueled in part by a 19-point advantage among women, the largest across the set of polls. In the new survey, 51 percent of female voters support Obama and 44 percent Romney, almost precisely the average divide since April 2011.

The Democrats’ war on women strategy may have given Obama a temporary boost with women, but it didn’t last. As soon as the issue dropped out of the news cycle, the divide bounced back to where it was before, which was what some conservatives predicted would happen.

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Message Discipline Ad Absurdum

Anderson Cooper’s interview with Obama campaign spokesman Ben LaBolt is fantastically ineffective. CNN’s Cooper asks LaBolt questions about the hypocrisy of Obama’s attack on Bain Capital. LaBolt refuses to answer them, choosing instead to simply repeat his talking points. This isn’t unheard of in American politics, of course. But LaBolt’s mechanical, rigid, and robotic style — his refusal even to acknowledge Cooper’s question if only to pivot off of it — is beyond parody. It is message discipline ad absurdum.

It’s impossible to know why the Obama campaign would think there is any up-side to putting someone like LaBolt on the air. Anyone even remotely objective would come away from this interview less impressed with the president’s position, correctly assuming that LaBolt’s inability to address the questions directed at him means he has no counter-argument to offer.

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Credit is Due for Chen’s Flight to Safety

Because I have been critical of President Obama’s handling of Afghanistan and other foreign policy issues, it is only fair to give credit where it’s due. And the administration does deserve credit for engineering Chinese dissident’s Chen Guangcheng’s flight to safety in the U.S. along with his immediate family.

The administration stumbled initially by conniving in a deal to force Chen to leave sanctuary in the U.S. embassy in Beijing where he had fled after eluding thuggish security forces. But the administration, led in this case by Secretary of State Clinton, was not entirely to blame because it appears that Chen changed his mind about whether he wanted to leave the embassy or not. When he did decide that he wanted to come to the U.S., the administration went to bat for him even though “realpolitik” voices in the administration no doubt urged abandoning him to his fate so as not to disturb bilateral relations. President Obama and Secretary Clinton rightly rejected the siren song of faux realism and not only pressured Beijing to let him go but gave him sanctuary on our shores.

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Iran’s Nuclear Shell Game

Iran took another step toward convincing the West it is showing flexibility about its nuclear program this week by inviting the head of the International Atomic Energy Agency to Tehran. IAEA chief Yukio Amano has been a thorn in the side of the Iranians as his agency has reported clear evidence of their work on military applications of nuclear power and their refusal to allow inspectors access to vital sites. But by signing an agreement with Amano to belatedly allow IAEA personnel entry into their facilities, the Islamist regime is creating the impression that it has turned over a new leaf of cooperation that will make it easier for the West to allow it to keep its nuclear program. Though the talks with the IAEA are separate from the P5+1 negotiations that will soon resume in Baghdad, by seeming to give in to the international community on inspection issues, Iran is hoping to strengthen those in the West who are inclined to ease up on them.

But this move, like other alleged concessions on Iran’s part, must be viewed with extreme suspicion. Like the idea of removing their stockpile of refined uranium to another country, the new inspections cannot conclusively allay our fears about Iran’s nuclear ambitions. Deceptions are possible on both scores, especially as long as Iran’s nuclear infrastructure is left intact. Given the limited and belated nature of these alleged compromises, it is impossible to disregard or discount the very real possibility that the West is once again being played for suckers by Iran.

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Solid Case Against Birth Control Mandate?

More than 40 religious institutions, included Catholic universities and charities, filed simultaneous lawsuits against the Obama administration’s birth control mandate yesterday, As The Hill reports, the biggest threat to the mandate in court is a 1993 religious freedom law, which was originally introduced by the late Sen. Ted Kennedy and then-Rep. Chuck Schumer, of all people:

RFRA sailed through Congress with broad bipartisan support in response to an unpopular decision by the Supreme Court that was seen as curbing Native Americans’ religious freedom to use peyote, a traditional hallucinogen.

Now it will force the government to prove that federal regulators did not have another way to expand women’s access to birth control that would be less burdensome on religion — an argument experts say conservatives can win.

The law puts the onus on the federal government to show that it had a compelling interest in requiring Catholic employers to provide birth control coverage, and that it couldn’t have achieved these aims another way. The Hill reports that legal experts think this case is solid:

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The Fraudulence of Obama

To understand the fundamental fraudulence of Barack Obama, consider just one issue: his relationship with lobbyists.

In arguably the most important speech of the campaign, the Jefferson-Jackson dinner in Iowa in 2007, Obama said, “[Lobbyists] have not funded my campaign, they will not work in my White House.…” Upon taking office, Obama made quite a show of announcing new ethics rules barring lobbyists from working in the administration on issues that fell under their lobbying bailiwick. Yet Obama immediately allowed waivers for lobbyists working on issues that fell under their lobbying bailiwick.

But that’s not all. During the 2008 campaign, Obama said this:

I intend to tell the corporate lobbyists that their days of setting the agenda in Washington are over, that they had not funded my campaigns, and from my first day as president, I will launch the most sweeping ethics reform in U.S. history. We will make government more open, more accountable and more responsive to the problems of the American people.

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