My 2013 "McLaughlin Awards" [Part 2]
Welcome back to our annual year-end awards column!
Welcome back to our annual year-end awards column!
For others, joining in the mirth has now come to mean celebrating the season of Festivus, a made-up holiday from a made-up television show. And even the Flying Spaghetti Monster adherents are getting in on the fun this year.
No, the big point missed in the midst of Senator Ted Cruz's talkfest was the moral of the story he read. By now, most people have heard that Cruz read, in its entirety, the classic Dr. Seuss children's book Green Eggs And Ham -- tucking his own kids into bed, long-distance, via C-SPAN. Cruz then doubled down on his point-missing by comparing Obamacare to the story's green eggs and ham. Cruz really has no excuse for this monumentally idiotic mistake, since (as mentioned) he read the whole story from the Senate floor.
This is all by way of introducing you to today's column. We're throwing out our usual format today, because of a monumental shift in federal policy this week. Such a momentous and historic occasion deserves special treatment, we feel, and that special treatment translates to the following unorthodox presentation: first, a few awards; then, some talking points from respected voices; and finally, my own screed at the end.
We begin today with some awfully short memories, from both the Right and the Left, on the crossover subjects of presidential debates, television, and Hillary Clinton. It all stems from the news that the Republican National Committee has announced it will not sanction 2016 Republican candidate debates on CNN and NBC, because the two stations are both putting together movies about Hillary Clinton. The RNC feels that this will unacceptably prejudice the networks in the 2016 presidential race, in which Clinton is likely to be a Democratic candidate.
That line will be widely quoted across this land today, in parks and bandstands, on radio and in newsprint, from California to the New York islands, in countless big-city parades and from a myriad of small-town gazebos.
Well, we've been away for two weeks, and those two weeks were just chock-full of political news, so we've got a lot to cover. The reason for the interruption in columns was, of course, our attending Netroots Nation, the yearly conclave of bloggers, Progressives, and all and sundry who like hanging out with them. Which brings us to this week's unusual title -- today's Friday Talking Points, for the first time ever, are going to be professionally-produced and focus-group-tested. More on this later.
Every so often as I sit down to write these Friday columns, the spirit of the rant overtakes me. Instead of our usual Talking Points section this week, I offer up such a rant, on the death of the Fourth Amendment. You have all been warned. I did consider calling this rant an "Ode To Dianne Feinstein," but then I thought that was too limiting -- she certainly isn't the only one out there singing from the same hymnbook. And I certainly wouldn't want to have anyone feel left out.
I realize that the news Glenn Greenwald just broke on the National Security Agency glomming onto the records of everyone who made a phone call through Verizon is what I really should be commenting on today, but then I realized I had written an article a long time ago which is germane to this debate. Back in August of 2007, I wrote the following piece on warrantless wiretapping, which poses a few questions that have not only never been answered but indeed never even really discussed. Now, I realize that the situations between now and what I was commenting on then are not clearly parallel, since actual wiretapping (recording or analyzing the content of phone calls) is different (and much more intrusive) than merely accessing the records of who called what phone (which is what apparently happened with Verizon). But the wider picture brings up the same basic question this article asks: should vacuuming up all available data and then weeding it out with computers be legally-admissible evidence in a court of law? So I thought it was worth re-running this column today to examine an aspect of governmental communications intercepts that never seems to get talked about.
Mister Attorney General, the reason I have such a problem with issuing warrants or subpoenas for news reporters is because I am aware of the history of the laws being used to do so. I have a hard time believing that you or your boss (a former constitutional professor) are completely unaware of these precedents in American history, but I haven't heard anyone else mentioning them, so I thought it fell to me to bring them up.