March 26, 2011

At the Wisconsin Capitol today, a rag-tag band plays and the assemblyman who's been avoiding Meade suddenly shows up.

Brett Hulsey was avoiding Meade yesterday, but he sought us out today, when we dropped by to see what was going on down at the Capitol. The encounter begins about 2 minutes in, and you see uncut footage of the whole conversation:



The band, which looks like this...

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... plays "Solidarity Forever" and then "On, Wisconsin!" Meade sings along with "On, Wisconsin!" and, as he explained to me later, he's deliberately singing tunelessly as a critique of the band.

"'Tear Down This WALL'ker"/"Torture Fitzgerald"/Meade + Hulsey/Krampus.

At the Wisconsin Capitol today... a man in a Reagan mask had come up with a clever saying...

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A woman with pinwheels didn't seem to be taking the subject of torture seriously enough...

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Our assemblymanm Brett Hulsey — who'd been trying so hard to avoid Meade — found us and was amiable and talkative....

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So... let the wild Krampus begin!

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"Anarchists hijack the anti-cuts demo and go on rampage in central London."

Click through for vivid photos.

David Prosser and JoAnne Kloppenburg square off over judging (and running for judge) in Wisconsin.



We watched the whole debate last night, and those snippets give you the flavor of it. The ad Prosser asks Kloppenburg to ask her supporters to take down is the one we were discussing yesterday under the title "Mother Of All Negative Ads."

How can you write 3946 words on the topic "Why Is Bob Herbert Boring?"

Was that some kind of joke?

Geraldine Ferraro...



RIP.

ADDED: Remember when she said Obama was sexist and the media was in the tank for him?

"Defecating dog sparks US shootout."

Why did BBC publish this story? It's not exactly big international news!
Two neighbours in the US state of Mississippi drew weapons and fired at each other as an argument over a defecating dog ran out of control.... injuries are not life-threatening... "Just meet me at the levee and I'll shoot you down."...
I think the BBC is into stoking anti-hillbilly bigotry. Bob Wright was doing that yesterday:

You can have any color you want as long as it's...

... not black.

Obama looks us in the eyes and explains Libya.



Persuaded?

Madison's new tourism industry: the endless protest.

There's this:
Spend Sunday, April 10th, and the previous Saturday afternoon and evening, in Madison with hundreds if not thousands of other Wisconsinites as we convene the first in a series of meetings of the Wisconsin People’s Assembly. By participating in the Assembly, you will have the opportunity to meet, learn from, and build lasting personal connections with Wisconsinites coming from all trades, communities, and backgrounds.
I'm getting a tourism vibe. And it's not just the "wave" logo, suggesting a beach outing. It's the whole visit-Madison-for-the-excitement pitch.

Obama's Libya adventure does not fit the War Powers Resolution... and can only be supported by the most extreme view of presidential power.

Lawprof Bruce Ackerman explains:
After the Vietnam War, Congress passed the War Powers Resolution, which granted the president the power to act unilaterally for 60 days in response to a "national emergency created by attack upon the United States, its territories or possessions, or its armed forces." The law gave the chief executive an additional 30 days to disengage if he failed to gain congressional assent during the interim.  

But... these provisions have little to do with the constitutionality of the Libyan intervention, since Libya did not attack our "armed forces." The president failed to mention this fundamental point in giving Congress notice of his decision on Monday, in compliance with another provision of the resolution. Without an armed "attack," there is no compelling reason for the president to cut Congress out of a crucial decision on war and peace....

The War Powers Resolution doesn't authorize a single day of Libyan bombing. But it does provide an escape hatch, stating that it is not "intended to alter the constitutional authority of the Congress or of the President." So it's open for Obama to assert that his power as commander in chief allows him to wage war without Congress, despite the Constitution's insistence to the contrary....

Many modern presidents have made such claims, and Harry Truman acted upon this assertion in Korea. But it's surprising to find Obama on the verge of ratifying such precedents. He was elected in reaction to the unilateralist assertions of John Yoo and other apologists for George W. Bush-era illegalities. Yet he is now moving onto ground that even Bush did not occupy....
The War Powers Resolution cedes power to the President in the very place where the argument for independent presidential power is strong: When there is a national security emergency. If you don't fit the War Powers Resolution, because it's not an emergency, the argument for independent power is at its weakest.

Here's the part of my diavlog with Bob Wright where we talk about this issue. Note how, challenged, Bob comes up with a generic neocon argument about how more democracy in the world is good for national security. I press him about how there needs to be an emergency to justify not including Congress in the decisionmaking. (I've let this clip go on a bit, so it's a little long, but I purport to tell you the whole story of constitutional law, so it's actually super-concise.)

Bob Wright says that because the attack on Libya "is truly multilateral... it not only diffuses the literal cost ... but the blowback that you get from intervention inherently."



But it doesn't work, does it, for the United State to try to spread the responsibility around? It reminds me of getting stuck in a group project at school, when you're the GPA-protecting A+ student and everyone else knows it. In school, the A+ student knows this is a bad deal. He's not thinking: I love this diffused responsibility! He's thinking: These other students are dragging me down, and if this project gets a D, I'm getting a D, so I'll do everything I can to get the A for everybody. And all the other students are thinking about how they will take advantage of this arrangement. There's no diffusion illusion in school. Does it get any better in military maneuvers? Those other countries are already flaking out, and the United States will be exposed as having the full responsibility it always had. Was there ever any serious hope of diffusion of "blowback"? I doubt it. If there was, it was naive and, really, quite ugly. We'll go to war if we can hide behind France?!

"No more Althouse for you!"



When you've had too much Althouse, I'm cutting you off!

We're fighting for al Qaeda?

The Libyan disaster.

March 25, 2011

"Maybe Hulsey just thinks conversations with Meade should be safe, legal, and rare."

Heh.

Wisconsin collective bargaining law is published despite the court order barring Secretary of State Doug La Follette from publishing it.

So... a loophole? It got published by someone other than La Follette?!
The governor and Senate Majority Leader Scott Fitzgerald, R-Juneau, said flatly Friday that the law will take effect on Saturday. But Reference Bureau Director Steve Miller said his department's publication of the act was only administrative. He said La Follette still needs to publish the act in the Wisconsin State Journal...

"Every attorney I have consulted said this will now be law," said Fitzgerald, who said he was aware this was going to happen. "It wasn't a secret. I think they left the door open for this."
The struggle continues, and I'm sure the Wisconsin people are exasperated... but who with?

"Rave On" — a new Bloggingheads with me and Bob Wright.



Topics:
  • Ann’s family feud with liberals, Rob Farley, et al.
  • Bob defends Libyan intervention
  • Is there an Obama Doctrine?
  • Could the Supreme Court stop a war?
  • Creepy Wisconsin protester threatens Ann
  • Bob vs. Ann on the meaning of free speech

At the Planned Parenthood rally, Meade's conversation with Brett Hulsey is aborted.

This morning, Meade went down to the Capitol to meet with our state senator, Fred Risser, who's been a Wisconsin senator since 1962. (He's the longest serving state legislator in the United States.) It's been much harder to get to see our assemblyman, Brett Hulsey. You remember what happened yesterday. Today, after seeing Risser, Meade happened to run into Hulsey.

There was this Planned Parenthood rally. It looked like this:

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That's Hulsey standing in front just behind the woman in the white jacket. (Enlargement here.) That's Risser in the red hat just below the speaker's upraised fist. Hulsey noticed Meade. Meade waved at him and he looked away. A bit later,  Hulsey was talking to some women who had come to the rally. And Meade was video-recording. Actually, this was a set-up photo-op, and Meade positioned himself so he had the ideal vantage point. Then, when Hulsey starts walking back toward the Capitol, Meade calls out in the hope of finally getting a few words....



Suffice it to say: The conversation is aborted.

"Mother Of All Negative Ads Dropped On WI Judicial Race."

"Progressives in Wisconsin are up with a TV ad that puts the negative in negative campaigning: sitting state Supreme Court Justice David Prosser defends child molesters instead of their victims, the groups say."

So is this the kind of negative ad that people say they're sick of but insinuates itself deep into the brain cells?

The Wisconsin Republican Party uses Open Records Law to get emails written by the Wisconsin professor William Cronon.

Cronon had an op-ed in the NYT — which I blogged about here — and he's also blogged about the role of the American Legislative Exchange Council in the Wisconsin budget repair bill. Now, his political antagonists are trying to get the UW to turn over all his "wisc" email messages "which reference any of the following terms: Republican, Scott Walker, recall, collective bargaining, AFSCME, WEAC, rally, union" and a lot of names of Wisconsin legislators.

Cronon thinks the Wisconsin Republican Party is hoping he's violated the Wisconsin email policies, which forbid use "to support the nomination of any person for political office or to influence a vote in any election or referendum." I've long worried about the ridiculous and chilling overbreadth of that provision. It's supposed to refer to running a political campaign using university resources, not interacting with people about political issues or even expressing opinions about candidates. In fact, the university has long promoted what it calls "The Wisconsin Idea," which is all about professors influencing legislation.

When does the Open Records Law apply to email? Is there a special rule protecting professors' email? Cronon says it shouldn't be used "to harass individual faculty members for asking awkward questions, researching unpopular topics, making uncomfortable arguments, or pursuing lines of inquiry that powerful people would prefer to suppress....  It is chilling indeed to think that the Republican Party of my state has asked to have access to the emails of a lone professor in the hope of finding messages they can use to attack and discredit that professor."

With hindsight, it's easy to see what a mistake it is to use your wisc email account for anything other than class email lists and responding to email that UW people sent to your wisc address. I've known for years and years that there is Open Records vulnerability here. I use gmail myself to keep my notes and personal interactions out of this potentially public realm. (I love the way "union" is one of the search terms that the Republican Party put in its request. That would could come up in all sorts of contexts, including the most minimal. )

ADDED: FIRE enters the fray:
Last year, the Supreme Court of Wisconsin held that "the contents of employees' personal e-mails are not a part of government business," and that "[p]ersonal e-mails are therefore not always records within the meaning of Wis. Stat. 19.32(2) simply because they are sent and received on government e-mail and computer systems." Schill v. Wisconsin Rapids School District, 327 Wis. 2d 572 (2010).

In Schill... the Supreme Court of Wisconsin determined that the emails had no connection to government business and were thus not records under the statute. Concluding, the court wrote:
If the content of the e-mail is solely personal, it is not a record under the Public Records Law and the e-mail cannot be released....
To the extent that a Wisconsin public university faculty member's emails are connected to a "government function," they may be covered under the state's Open Records law. But whether Cronon's emails meet this criterion is not presently clear. And even then, the court held in Schill that if the emails are in fact records, "then the court must undertake a balancing test to decide whether the statutory presumption favoring disclosure of public records is outweighed by any other public interest."
Cronon should win this. And by the way, thanks to all the left-wing assholes who think the best response to the intrusion on Cronon is to seek access to my emails. You've revealed a lot about what freedom means to you.

AND: UW Chancellor Chancellor Martin has issued a statement:
Compliance with public records requests involves a balancing test.... [W]e will need to consider whether disclosure would result in a chilling effect on the discourse between colleagues that is essential to our academic mission.
Academic freedom is one of the university’s greatest contributions to a democratic society. No other institution is charged specifically with protecting the pursuit of knowledge, wherever it may lead. Individual faculty, staff and students inevitably consider and advocate positions that will be at odds with one another’s views and the views of people outside of the university. It is the university’s responsibility both to comply with state law and to protect our community’s right to explore freely and freely express their points of view.
Good.