All Blog Posts from Crossroads
Double Vision at the White House?
My post yesterday on how President Obama, in his first year, has preserved about 99 percent of George Bush's legal positions in combating terror prompted a strong reaction today from the White House, which took issue with a few of my points.
Let me acknowledge from the outset I did overlook one legal position that's changed: Obama has made it tougher for the government to hold back evidence in civil cases on the grounds that it would harm national security. That's the so-called "state secrets" privilege. But is that a major change? The Obama Administration had continued, after all, to assert "state secrets" in some of the cases that have been held over from the Bush Administration.
But the other points largely were taking issue with my analysis. And as I thought all that through, it struck me that the White House reaction shows the real bind Administration is in on these issues and how schizophrenic its approach can seem to people.
Continue »
Let me acknowledge from the outset I did overlook one legal position that's changed: Obama has made it tougher for the government to hold back evidence in civil cases on the grounds that it would harm national security. That's the so-called "state secrets" privilege. But is that a major change? The Obama Administration had continued, after all, to assert "state secrets" in some of the cases that have been held over from the Bush Administration.
But the other points largely were taking issue with my analysis. And as I thought all that through, it struck me that the White House reaction shows the real bind Administration is in on these issues and how schizophrenic its approach can seem to people.
Continue »
"The Strength of a Mother"
"The Strength of a Mother," in today's Washington Post, may be the most heart-wrenching newspaper story I've ever read. Told with compassion and love, it's a deeply affecting portrayal of a mother's years of crushing despair and grief after her 9-year-old is murdered.
Neely Tucker, who wrote the article, met Carol Smith, the mother, when he was investigating how parole officials had released the murder suspect just before he killed Smith's daughter. Tucker and Smith developed a friendship, and they married four years later. He decided to write down what happened after Erika was killed "to show the hold she retains on the living, the lasting nature of those bonds between mother and daughter."
He writes:
"I wish to make clear that I do not think that there are lessons to be taken away from the murder of a child. I do not think all things work together in a mystical plan for good. Some things in life are brutal, ugly and will never make sense.
Continue »
Neely Tucker, who wrote the article, met Carol Smith, the mother, when he was investigating how parole officials had released the murder suspect just before he killed Smith's daughter. Tucker and Smith developed a friendship, and they married four years later. He decided to write down what happened after Erika was killed "to show the hold she retains on the living, the lasting nature of those bonds between mother and daughter."
He writes:
"I wish to make clear that I do not think that there are lessons to be taken away from the murder of a child. I do not think all things work together in a mystical plan for good. Some things in life are brutal, ugly and will never make sense.
Continue »
Legal Terrain Unchanged In Obama's First Year

(CBS)
Think back a year. Obama vowed to close Guantanamo Bay, end aggressive interrogations of terror suspects and return America to a country that no longer was "ignoring the law when it is inconvenient," as he pointedly accused George W. Bush of doing.
CBSNews.com Special Report: Obama's First Year
Continue »
Privacy Protection for People Against Gay Rights?
The Supreme Court announced this afternoon that it's going to decide whether opponents of gay rights and domestic partnership laws have a constitutional right to keep their names and addresses private because they fear they would be subject to harassment if their indentities are put on the Internet.
Opponents who signed a petition against a wide-ranging domestic partnership law in Washington state had asked the Court to take up the case and block the state from releasing the names and addresses of 138,500 people who signed the petitions.
They argue if their names are publicly disclosed, they could face harassment and intimidation--which will ultimately discourage people from saying what they really believe on controversial issues.
Continue »
Opponents who signed a petition against a wide-ranging domestic partnership law in Washington state had asked the Court to take up the case and block the state from releasing the names and addresses of 138,500 people who signed the petitions.
They argue if their names are publicly disclosed, they could face harassment and intimidation--which will ultimately discourage people from saying what they really believe on controversial issues.
Continue »
Senator Disses the Crimson Tide
I'm no fan of the BCS, which has destroyed the bowls and created the untenable, mindboggling scenario where the National Championship game is played nearly a week after New Year's Day. But on this one, I have to agree with BCS Director Bill Hancock: Really, doesn't Congress have more important things to do?
Hancock was reacting to Sen. Orrin Hatch's letter urging President Obama to invite undefeated #4 Boise State to the White House when Obama hosts the undefeated, undisputed #1 Alabama Crimson Tide. Of course, you all know the Tide regained its rightful place atop the college football world after whipping up on Texas in the Rose Bowl last week.
Hatch, who hates the BCS, is all bent out of shape about poor Boise State, which ran the table in the Western Athletic Conference, not getting a chance to take on the big boys of college football. (Of course, Bobby Bowden had a similar problem when he was building his Florida State program, so he decided to take on the big boys in the REGULAR SEASON—by scheduling games with any powerhouse who would play the 'Noles. Just an idea there, Boise State).
Continue »
Hancock was reacting to Sen. Orrin Hatch's letter urging President Obama to invite undefeated #4 Boise State to the White House when Obama hosts the undefeated, undisputed #1 Alabama Crimson Tide. Of course, you all know the Tide regained its rightful place atop the college football world after whipping up on Texas in the Rose Bowl last week.
Hatch, who hates the BCS, is all bent out of shape about poor Boise State, which ran the table in the Western Athletic Conference, not getting a chance to take on the big boys of college football. (Of course, Bobby Bowden had a similar problem when he was building his Florida State program, so he decided to take on the big boys in the REGULAR SEASON—by scheduling games with any powerhouse who would play the 'Noles. Just an idea there, Boise State).
Continue »
No Go for YouTube in Gay Marriage Case
A case of Too Much, Too Soon: The Supreme Court has just blocked the televised broadcast of the high-profile trial challenging California's gay marriage ban. The 5-4 decision said the district court judge failed to follow the proper procedures to televise the trial and stream it on YouTube, and that he tried to do an end-run around the rules to make it happen anyway.
The Court emphasized it wasn't ruling on the merits of cameras in the courtroom, but the opinion, not surprisingly, has some language that appears sympathetic to opponents of cameras. Supporters of the gay marriage ban had urged the court to block the broadcast, and the Court expresses some sympathy for their arguments that they could face harassment if the trial is broadcast across the country.
The Court also seems sympathetic to arguments that witnesses may be conscious of the cameras and testify differently than they would otherwise—in other words, cameras would change the entire proceeding. We've heard several justices make that argument over the years, when speaking publicly about why cameras in the Supreme Court aren't going to happen.
Continue »
The Court emphasized it wasn't ruling on the merits of cameras in the courtroom, but the opinion, not surprisingly, has some language that appears sympathetic to opponents of cameras. Supporters of the gay marriage ban had urged the court to block the broadcast, and the Court expresses some sympathy for their arguments that they could face harassment if the trial is broadcast across the country.
The Court also seems sympathetic to arguments that witnesses may be conscious of the cameras and testify differently than they would otherwise—in other words, cameras would change the entire proceeding. We've heard several justices make that argument over the years, when speaking publicly about why cameras in the Supreme Court aren't going to happen.
Continue »
Late Night Cage Match: Conan vs. NBC
His statement explaining why he wouldn't host the "Tonight Show" at 12:05 a.m. was addressed to the "People of the Earth," but it sure reads like Conan O'Brien was writing with a more specific audience in mind: the lawyers.
Conan drew a line in the sand yesterday, responding to NBC's decision to move a once-heralded, now-cratering "Jay Leno Show" from 10 p.m. to 11:35 p.m., immediately following the local news. That would push Conan's "Tonight Show" back a half hour, and as he outlined in his statement, that ain't gonna happen without a fight.
Just look at his statement, which all but screams, "I Am Going To Sue You Big-Time, You Morons at NBC." But in more nuanced language, of course.
Continue »
Conan drew a line in the sand yesterday, responding to NBC's decision to move a once-heralded, now-cratering "Jay Leno Show" from 10 p.m. to 11:35 p.m., immediately following the local news. That would push Conan's "Tonight Show" back a half hour, and as he outlined in his statement, that ain't gonna happen without a fight.
Just look at his statement, which all but screams, "I Am Going To Sue You Big-Time, You Morons at NBC." But in more nuanced language, of course.
Continue »
When It Rains It Pours
After all the revelations about Tiger Woods, Mark Sanford and his Argentine soul mate almost seem quaint. But the South Carolina House of Representatives, apparently concluding Sanford's soon-to-be ex's publicity tour wasn't enough, this morning found grounds for censure. The Palmetto Scoop reports: "A total of 102 of 113 present members voted to pass a resolution formally rebuking the governor for misusing state aircraft as well as for his 2008 and 2009 publicly-funded trips to Argentina to visit his mistress. Sanford reimbursed the state for both Argentina trips."
Rocky Times on Rocky Top
As a friend put it last night, "I thought it couldn't get any better after Pasadena." (Let me digress here for a minute: Roll Tide.) I'll say there's nothing quite like reading about an angry mob of Tennessee fans surrounding the Vols football complex last night and burning Lane Kiffin t-shirts. But after watching Kiffin's farewell press conference, where he looked like a smirky frat boy, it occurred to me that this could be, horrors, the best thing that ever happened in Knoxville. Sure, we SEC fans will miss his big mouth, his constant flirting with NCAA recruiting rules, his 7-6 record, but the Vols get rid of a "a guy who was born on third base and acts as if he hit a triple," as ESPN's Pat Forde brilliantly put it today. My guess is Robert Neyland and Bear Bryant are smiling up there. Kiffin's no SEC coach, and Tennessee deserves whatever ensuing chaos it gets in the short term for hiring him in the first place. But the PAC 10? LA? That's a much better fit for an overrated self-promoter who will turn on you on a dime. He can even hang out with Neuheisel.
Racism Doesn't Always have a Southern Drawl
Trent Lott was forced out as Senate majority leader for making racially charged remarks, with few rallying to his defense. But Harry Reid's explosive comment's about Barack Obama's "light skin" and "no Negro dialect" aren't as different as some Democrats would like to believe.
Both sets of comments reflect what the two men assume Americans — or some Americans, anyway -- think about race, and both give a window into their respective worldviews. And that's why Reid's remarks, although different from Lott's, still are troubling and problematic.
Lott was pandering to an old segregationist and a bunch of his white supporters when he said "we wouldn't have had all these problems over the years" if everyone else "followed our lead" and voted for Strom Thurmond for president. That's classic Dixiecrat politics --c omments designed to stoke resentment and anger and white superiority. Lott heard that kind of talk a lot growing up in Mississippi, and he slipped right into it at Thurmond's birthday party in 2002.
Continue »
Both sets of comments reflect what the two men assume Americans — or some Americans, anyway -- think about race, and both give a window into their respective worldviews. And that's why Reid's remarks, although different from Lott's, still are troubling and problematic.
Lott was pandering to an old segregationist and a bunch of his white supporters when he said "we wouldn't have had all these problems over the years" if everyone else "followed our lead" and voted for Strom Thurmond for president. That's classic Dixiecrat politics --c omments designed to stoke resentment and anger and white superiority. Lott heard that kind of talk a lot growing up in Mississippi, and he slipped right into it at Thurmond's birthday party in 2002.
Continue »


