Friday, March 11, 2016

Friday Post, Because That's My Policy

Sorry for not posting for the last few days. Hopefully, you've been able to get your needs met in other ways. In any event, I will give you a post from one of my favorite lines in Dirty Harry. No, it's not the "make my day" line. I like this one actually a little better, because it shows Callahan's chaffing at authority in the Mayor's office.




What's your policy?

Tuesday, March 8, 2016

Some of My Favorite Quotes from Pat Conroy

Pat Conroy, one of my favorite authors, passed away last Friday. I meant to say something then, but I didn't. He was truly a wonderful writer, and he expressed the ethos of the South, and the lowcountry of South Carolina in particular.

A few of my favorite quotes from his books:

“Charleston has a landscape that encourages intimacy and partisanship. I have heard it said that an inoculation to the sights and smells of the Carolina lowcountry is an almost irreversible antidote to the charms of other landscapes, other alien geographies. You can be moved profoundly by other vistas, by other oceans, by soaring mountain ranges, but you can never be seduced. You can even forsake the lowcountry, renounce it for other climates, but you can never completely escape the sensuous, semitropical pull of Charleston and her marshes.”

“It’s impossible to explain to a Yankee what ‘tacky’ is. They simply have no word for it up north, but my God, do they ever need one.”

“The water was pure and cold and came out of the Apennines tasting like snow melted in the hands of a pretty girl.”

...  

“In Charleston, more than elsewhere, you get the feeling that the twentieth century is a vast, unconscionable mistake.”

Monday, March 7, 2016

Lindsey Graham Endorses Ted Cruz (kinda, sorta anyway)

It's not exactly a ringing endorsement.

The senator is now warming up to the Texas senator, the candidate he said is making the biggest strides toward being a possible alternative to Trump. "I would support Cruz over Trump. I'd prefer Rubio over Kasich; Rubio and Kasich over Cruz. But if Ted's the alternative to Trump he's at least a Republican conservative," said Graham.

Like I said, it's not overflowing with praise, but it's better than a finger in the eye.

Thursday, March 3, 2016

Parenting. It's not rocket science.


The only two children who did not pick up the gun were the ones who had guns in their homes–and were told how dangerous they could be by their parents. You know, exactly what the National Rifle Association teaches in their safety courses. So, gold stars to the parents who told their children what to do if they see a firearm in their vicinity without an adult present. For the parents who never told their kids what to do, it’s very simple: A) don’t touch it b) leave the immediate area c) find an adult. Lots of accidents can be avoided with these three easy steps.

No kidding.

Monday, February 29, 2016

For first time in 10 years, Justice Clarence Thomas asks questions during an argument.


“Can you give me — this is a misdemeanor violation. It suspends a constitutional right. Can you give me another area where a misdemeanor violation suspends a constitutional right?”
I wonder if Scalia's absence played a role. No doubt, Thomas aligns closely with Scalia's judicial philosophy. Maybe Thomas was always happy to let Scalia take the lead in oral arguments. It will be interesting if Thomas starts asking questions more.

For the uninitiated, Thomas is legendary for his reputation for not asking questions during oral argument.

 

Wednesday, February 24, 2016

Tuesday, February 23, 2016

Apple vs. the FBI - A Legal Analysis



The news has been buzzing over the last few days about the case of Apple defying the FBI's request to assist in unlocking the San Bernardio shooter's iPhone.

The background on this is pretty straightforward. The San Bernardino shooter's phone was lawfully discovered by FBI agents in connection with a valid search warrant. No one disputes that the FBI is allowed to access the information on the phone, not even Apple.

The problem is that the FBI doesn't have the password to the iPhone, and:

1. The phone might have a setting activated where it will erase its data after too many wrong entries;
2. The phone normally requires you to input the code via the touch pad (which is slow); and,
3. The phone imposes a waiting period between incorrect entries.

The FBI then went to Apple to ask the tech guys there to assist them with a workaround of the security system, so the FBI could very quickly (though electronic means) enter passwords at random, in a "brute force" method of systematically entering all possible passwords until the right one is found.

Apple said no, so the FBI went to court and obtained a court order requiring the private company to provide assistance to the FBI over their objection.

Initially, I was sort of skeptical that there was legal authority for a Court to compel a private person or company to somehow assist the government in law enforcement. My thought was that Apple isn't part of the FBI, and the FBI isn't entitled to commandeer or draft the tech guys working for Apple into the FBI's investigation. I was curious how a court arrived at this conclusion, as I felt pretty sure of myself that this seemed wrong. So, I did some research.

The first place I started was with the Court order itself. [PDF of full order] The first sentence contains the entirety of the legal basis for the rest of the order and by stating:

"This matter is before the Court pursuant to an application pursuant to the All Writs Act 28 U.S.C § 1651,...."

Okay. First of all, maybe using "pursuant" twice in one sentence isn't great writing, but that aside, my next thought was: What in the world is the All Writs Act?

Next stop, All Writs Act. Apparently, the All Writs Act isn't very long. Here's the whole thing:
28 USC § 1651 (a) The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions and agreeable to the usages and principles of law. (b) An alternative writ or rule nisi may be issued by a justice or judge of a court which has jurisdiction.
Okay. So...it appears the "All Writs Act" is basically a statute that says federal courts are allowed to issue any order necessary to do what is necessary. Seems...vague, right? After a little more looking, I found a case where the US Supreme Court addressed the idea of a federal court using the All Writs Act as the basis to force a private company to assist law enforcement. United States v. New York Telephone Co., 434 U.S. 159 (1977). [Full case at the link]

Back in 1977 the prevailing technology was the telephone. Apparently, the FBI had probable cause to believe that there was some gambling going on at a certain location and that some telephones were used there for the purpose of furthering the gambling. They wanted to install some "pen registers" but needed the New York Telephone Company to help do it because any other way would tip off the bad guys. Problem was, the New York Telephone Company didn't want to get involved.

Sounds on point, right? The FBI is trying to investigate something and needs help from a reluctant third party. The Court ruled in favor of the FBI and created a three element test:

1. How far removed is the third party from the issue in question?
2. Does the third party have a substantial interest in not providing the assistance?
3. Is there any other way to achieve the government's goal without the third party?

For whatever it's worth to you, that was a 5-4 decision, so even the Supreme Court was divided on this one. Personally, I was somewhat more persuaded by the dissent, but maybe that's because I was looking to confirm my own inclination. In any event, it's the law.

So this situation isn't new. Anyone telling you that this dispute between Apple and the FBI is unprecedented is simply either uninformed or trying to con you. This situation has come up in the past, but nowadays we're just dealing with different kinds of locks and keys.

Accordingly, I don't think that Apple's position is as strong as I first did.

Looking at the three factors, I don't see how Apple can really prevail, in that they are closely associated with the iPhone, being the manufacturer and that they can deactivate these software features, and finally, Apple's objection is more ideological/theoretical than anything else. It's not like they have to publicly divulge some sort of trade secret.

Note, the FBI isn't asking for Apple to "let them in" to the phone or even all phones, they're just asking Apple in this one specific instance, to deactivate these settings for this one phone, so the FBI can conduct its lawful search.

I would be surprised if the FBI loses this legal argument.

Thursday, February 18, 2016

Official Permanent Press Endorsement: Marco Rubio

Last week I wrote a piece arguing that the GOP race was realistically a two-man race between Trump and Cruz. Since then, a few events have taken place, and I've been having a change of heart.

Specifically, Rubio has received endorsements from Nikki Haley, Tim Scott, and Trey Gowdy. First of all, those are three Republicans whose credentials as "conservative" are beyond question. If you remember, Nikki Haley was originally elected as a Tea Party candidate back in 2010, and she's done a good job in her time as governor.

Tim Scott has also done a good job as Senator in his short time, and although he doesn't really have any big-ticket accomplishments as a Senator, it's sort of impossible in this day and age for a US Senator to really accomplish much on his own. For the most part, he's been an excellent messenger in articulating the conservative vision, and that's about as much as you can ask for.

Over in the House, Trey Gowdy has been a great advocate, bringing his well-honed prosecutorial acumen to committee hearings, and he has done a wonderful job of exposing the hypocrisy and fallacies underlying many of the positions that the current administration has taken over the years.

Accordingly, here is what I am dealing with: Haley, Scott, and Gowdy all share my views and vision. They've seen the GOP race just as I have, and they've faced the choice of who to support. They've decided to support Rubio instead of Cruz. (Obviously, I'm dismissing Trump.)

So their opinions mean something to me. I respect all three of these folks, and I have to now seriously consider: What do they see in Rubio and Cruz that I'm not seeing?

Maybe it's this: I'll admit that Cruz certainly isn't the "aspirational" candidate that Rubio is. Rubio is definitely the more likable guy, if that means anything, and I think it does. I know that some people are knocking Rubio because he's the "Establishment's Pick", and I get that he's got a weakness on amnesty. However, more than anything, I  want to have a Republican candidate who will be able to go into the general election and be able to try and bring together a coalition of voters who may self-identify as conservatives. I see Cruz as really struggling to do that. I think Cruz's tone and message turn a lot of people off.

It doesn't matter who the GOP nominates if the Democrats win. The Buckley Rule that you should support the rightwardmost viable candidate applies here. I'm trying to figure out who that is.

It's not Trump, because he's actually really left. So, I'm trying to figure out if Cruz or Rubio is more viable, because winning matters. Losing sucks, and I'm tired of it.

Rubio has the advantage of being able to better relate to people who are not conservatives, and he's not that far from Cruz in actual positions. Cruz is a principled conservative, but I'm not sure that he's the right messenger. Packaging matters, whether you like it or not, and he just doesn't have the right packaging.

You can see where I'm going with this. Based on everything I've seen and considered, Permanent Press is officially supporting Rubio for the GOP nomination.

I'm sure that I'll get criticism that I'm selling out to the Establishment, but at this point, I don't see where I can simply have a temper tantrum and vote to rebuke the GOP out of spite. I know a lot of people are saying that is their motivation, and I get that. However, I don't think that conservatives have that luxury in this instance.

Tuesday, February 16, 2016

Climate change models forgot to account for, get this, the ground absorbs water.

Despite the accelerated melting of glaciers and ice sheets, sea levels aren’t rising quite as quickly as scientists anticipated. The reason: Continents are absorbing more of the water before it flows into the seas, according to a new study.
Thirsty continents.

I think what the science is trying to tell is is that the rain in Spain stays mainly on the plain.

Monday, February 15, 2016

Scalia in three paragraphs.

Over the weekend, one of the best Supreme Court Justices of my lifetime passed away. Whether you disagreed with his jurisprudence or not, there was no avoiding the fact that he was a monumental figure on the Supreme Court. One of my favorite passages from his many, is his dissent in Planned Parenthood v. Casey, and it's especially relevant today.

"What makes all this relevant to the bothersome application of "political pressure" against the Court are the twin facts that the American people love democracy and the American people are not fools. As long as this Court thought (and the people thought) that we Justices were doing essentially lawyers' work up here--reading text and discerning our society's traditional understanding of that text--the public pretty much left us alone.
Texts and traditions are facts to study, not convictions to demonstrate about. But if in reality our process of constitutional adjudication consists primarily of making value judgments; if we can ignore a long and clear tradition clarifying an ambiguous text, as we did, for example, five days ago in declaring unconstitutional invocations and benedictions at public high school graduation ceremonies, Lee v.Weisman, 505 U. S. ___ (1992); if, as I say, our pronouncement of constitutional law rests primarily on value judgments, then a free and intelligent people's attitude towards us can be expected to be (ought to be) quite different. The people know that their value judgments are quite as good as those taught in any law school--maybe better. If, indeed, the "liberties" protected by the Constitution are, as the Court says, undefined and unbounded, then the people should demonstrate, to protest that we do not implement their values instead of ours.
Not only that, but confirmation hearings for new Justices should deteriorate into question and answer sessions in which Senators go through a list of their constituents' most favored and most disfavored alleged constitutional rights, and seek the nominee's commitment to support or oppose them. Value judgments, after all, should be voted on, not dictated; and if our Constitution has somehow accidentally committed them to the Supreme Court, at least we can have a sort of plebiscite each time a new nominee to that body is put forward. Justice Blackmun not only regards this prospect with equanimity, he solicits it, ante, at 22-23."
(emphasis mine)

Indeed.

Friday, February 12, 2016

A think piece on "gun violence".

Read the whole thing.

Those who decry “gun violence” very rarely use the word violence in any kind of rigorous way. That is unfortunate, because if someone tells you “X number of people died last year due to gun violence,” they are including some instances where an intended rape victim shot her attacker, or a policeman shot a meth-head who was trying to stab another officer. They don’t want a well-defined term, because the more deaths you can lump into the statistic, the scarier it sounds, and the greater the urge to “DO SOMETHING,” regardless of whether that something has any likelihood of achieving the stated goal.


No really. Go read it.

Wednesday, February 10, 2016

Cruz or Trump? You have to pick one.

Iowa is over. New Hampshire had its say. Now the world turns its lonely eyes to South Carolina.

Time for some real talk. Everyone has their preferred candidate. For some people, their preferred candidate may have dropped out the race. For most, their preferred candidate is lagging behind Donald Trump to some varying degree.

By the way, if you consider yourself to be a conservative and you support Donald Trump...well I don't know what to tell you other than you're being conned.

I know that there are a lot of Republican voters out there who don't view Cruz favorably. Likely, he wasn't your first choice when this whole dance started. He wasn't my first choice. Heck, he wasn't my second or third choice. But you go to war with the army that you have, not the army that you want.

For me, the priority is stopping Donald Trump. Full stop. He is not a conservative.

So, how do we go about achieving this objective? Simple. We nominate someone else. At this point, the field of alternatives is down to Cruz, Rubio, Kasich, and Bush. That's really it. And there's only one person of the four who can actually win.

Let's dispense with Kasich. He has no path to the nomination. He went all-in on New Hampshire, and he got second. Okay, good for him. He has no money and no organization here in SC, or anywhere else for that matter. He's not going to win.

Bush and Rubio are also stuck in a prisoner's dilemma of each taking establishment votes from the other. Also, factor in Kasich horning in on this voting bloc now, too. There just aren't enough regular, mainstream establishment Republicans to go around. Accordingly, each of these guys only gets a small piece of the pie. If there were only one mainstream guy, he would have a big number. But we have at least three.

So you have Cruz. Sure, he rubs some people the wrong way with his tone. He's going to have to address that. But he won Iowa, and he came in third in New Hampshire despite having not really spent that much time or money in the Granite State.

He's organized, and he has a ton of money. Sure, David Brook doesn't like him, but who cares? Guys like David Brooks are pretty much why you have so many people voting for Trump and Cruz.

I've thought about it very carefully, and I have to say that I think that Cruz is now the only candidate who can beat Trump. So you can pick one, South Carolina. Who's it going to be, Cruz or Trump?

Monday, February 8, 2016

Could the Supreme Court target "Assault Weapons" next? I think it will.

Is this something that is common use for lawful purposes?

It looks like the issue of states enacting "assault weapons bans" just might be heading to the Supreme Court. When DC v. Heller was decided back in 2008, the Supreme Court held that the Second Amendment was a Constitutional right unconnected with a requirement that a citizen serve in the military. Basically, the Court confirmed that individual citizens are protected by the Second Amendment, which to me, seems obvious.

In any event, since the Supreme Court has ruled that the Second Amendment applies to everyone, the new fight is shaping up over what sort of firearms may be banned by states.

Back in December, the Court of Appeals for the Seventh Circuit held that a Chicago suburb could ban "assault weapons" which had been essentially defined as AR-15s and things that looked like AR-15s. The Seventh Circuit Court of Appeals is the appellate court for federal cases in Indiana, Illinois, and Wisconsin.

So here, we had one federal appellate court holding that the Second Amendment does not prohibit a ban on "assault weapons".

Just last week, an equal court - the Court of Appeals for the Fourth Circuit - held that Maryland's almost identical 2013 law prohibiting "assault weapons" violated the Second Amendment, finding that the prohibited firearms are in common use for lawful purposes, and are therefore protected by the Second Amendment. The Fourth Circuit Court of Appeals is the appellate court for federal cases in Maryland, West Virginia, Virginia, North Carolina, and South Carolina.

As you can see, we now have two equal courts in different areas of the country coming to opposing conclusions of law on the same topic. This is what is known as a "circuit split". For obvious reasons, the Supreme Court doesn't want federal law to be different in different areas of the country. A circuit split is one of the regular reasons that the Supreme Court will hear a particular case. It allows the Supreme Court to take the issue and set forth the single standard that will apply in all circuits.

And on something as hot-button as gun control, my guess is that the Supreme Court will likely take this case to do exactly that.

Thursday, February 4, 2016

Finalizing an Appellate Brief - Open Thread

Working hard today, so I don't have much time to devote to the blog.



Use your time carefully.

Wednesday, February 3, 2016

It's Been Raining In Columbia Since October

Yeah, we've had a few days of sunshine here and there, but it really feels like we're in Forrest Gump's Vietnam.




I'm ready for the sun to come out. I just don't want Charlie to start shooting, though. Just some sun would be nice.

Tuesday, February 2, 2016

Some Iowa Delegates Awarded to Clinton By Coin Flip

No, I'm not using a metaphor of a coin flip to express how close the race between Clinton and Sanders was last night, I'm saying that Iowa delegates were literally awarded by coin flip.


Here’s what happened in Ames, according to David Schweingruber, an associate professor of sociology at Iowa State University (and Sanders supporter) who participated in the caucus:
A total of 484 eligible caucus attendees were initially recorded at the site. But when each candidate’s preference group was counted, Clinton had 240 supporters, Sanders had 179 and Martin O’Malley had five (causing him to be declared non-viable).
Those figures add up to just 424 participants, leaving 60 apparently missing. When those numbers were plugged into the formula that determines delegate allocations, Clinton received four delegates and Sanders received three — leaving one delegate unassigned.
Unable to account for that numerical discrepancy and the orphan delegate it produced, the Sanders campaign challenged the results and precinct leaders called a Democratic Party hot line set up to advise on such situations.
Party officials recommended they settle the dispute with a coin toss.
A Clinton supporter correctly called “heads” on a quarter flipped in the air, and Clinton received a fifth delegate.

Great. The fate of the republic is being decided by coin tosses. 

Monday, February 1, 2016

Greetings from Iowa! Home of the Confusing Voting System!

Well, tonight is the first night when votes are actually cast and counted. It feels like we've been leading up to this point for years now because...well...we have.

My political instincts are next to nothing, but with how complicated and tedious the caucus seems, I think that Trump's lack of organization is going to hurt him. I mean, what's the deal with all this standing up and publicly declaring for your candidate in a big gym, and then trying to convince other people to side with you?

If we've learned anything over the last several political cycles, people aren't big on changing their minds. Why can't the people of Iowa just do the regular voting thing? It's good enough for the rest of us.

In any event, for whatever it's worth, I'm going to predict that the methodical operation of Cruz actually works more than the flash of Trump, and Cruz wins the GOP side.

And just for fun, I'll predict that Sanders beats Hillary by two points.

What do you think?

Friday, January 29, 2016

Virginia Governor Terry McAuliffe Caves on Concealed Weapons Reciprocity

Anti-gun folks missed the football again. Oh well. Better luck next time, Charlie Brown.

Just before Christmas, the Virginia Attorney General announced that the Commonwealth of Virginia would be cancelling it's concealed carry reciprocity with 25 states, including South Carolina.

As you might have imagined, this caught the attention of  more than a few folks. Even though it was originally thought to mostly affect non-Virginians, the cancellation of reciprocity would have actually affected Virginians the most, as most (if not all) of the 25 other states would have responded by cancelling their own agreement to allow Virginians to carry outside the Commonwealth.

So today, the uber-liberal Governor, Terry McAulliffe caved to the reality of the pressure and did the only thing that he could do - he overruled the Attorney General and agreed to legislation that requires Virginia to recognize reciprocity from these 25 states.

The anti-gun folks got the sadz.


But the Coalition to Stop Gun Violence reacted bitterly in a message on its Facebook page. The group said McAuliffe has bragged about “his administration’s aggressive new approach to confronting the National Rifle Association.” “Now he’s preparing to cave to them,” the message said. “As far as we are aware, there is not a single gun violence prevention advocate in Virginia who was informed about this deal before it was done. We all stand in opposition to it.”

Oh well. You would think by now that the anti-gun people would be used to losing on these types of issues. They're like Charlie Brown and the football. They keep lining up to kick it, and every time, Lucy pulls it back.

When are they going to learn?

Thursday, January 28, 2016

Remembering the Space Shuttle Challenger - Thirty Years Ago Today

Thirty years ago today, the space shuttle Challenger broke apart just over a minute after launch. One of my earliest school-age memories is of watching the launch and explosion of the Challenger.

I don't remember that President Reagan was scheduled to give the State of the Union that night, and postponed it to give this address.




The poem referenced at the end is High Flight:


Oh! I have slipped the surly bonds of Earth
And danced the skies on laughter-silvered wings;
Sunward I’ve climbed, and joined the tumbling mirth
of sun-split clouds, — and done a hundred things
You have not dreamed of — wheeled and soared and swung
High in the sunlit silence. Hov’ring there,
I’ve chased the shouting wind along, and flung
My eager craft through footless halls of air....

Up, up the long, delirious, burning blue
I’ve topped the wind-swept heights with easy grace.
Where never lark, or even eagle flew —
And, while with silent, lifting mind I've trod
The high untrespassed sanctity of space,
- Put out my hand, and touched the face of God."

Wednesday, January 27, 2016

"There is a growing list of People I Like Making Terrible and Disappointing Decisions"

That's from Jeff Mobley, and it's because he had to add Lt. Gov. Henry McMaster to his list of people making terrible and disappointing decisions, namely the decision to endorse Donald Trump for President.

I saw this news break about the same time Jeff did, and I was (and remain) absolutely baffled by McMaster's decision.

Think about who Henry McMaster is for a second. He's the current (Republican) Lt. Governor. Before that, for eight years, he was the (Republican) Attorney General for SC before that. Before that, for eight years, he was the Chairman of the South Carolina Republican Party.

Point being, if you looked up "Establishment South Carolina Republican" in the dictionary, you'd see a picture of Henry McMaster.

And now, he's endorsing Trump, who is a complete clownshow of a candidate, a charlatan, a person who has taken every position on every issue at some point in time, and has somehow fooled a bunch of fools into voting for him because they want to just watch the world burn.

Trump is basically saying that he is going to roll in to Washington, hire all the right folks, fire all the wrong folks, and make all the trains run on time again. He doesn't talk policy, or history, or law. He doesn't talk about working with Congress. He's just the guy who's going to come in and somehow magically make everything work through the sheer force of his will or because he's so smart.

Trump is the opposite of what conservatives support. He's the opposite of limited government that has checks, balances, and is responsible to the people. Do you think Trump is going to stop the expansion of government into your life more and more? No, he's specifically selling himself as the guy who's going to use government better than everyone else.

I mean, it didn't shock me at all when Jake Knotts endorsed Trump. I just kind of figured that's one blowhard endorsing another blowhard. That makes sense, right?

And now Henry McMaster has thrown in with this lot. It's unreal. It's surreal. And, yes Jeff, it's disappointing.

Midweek Motivation

It's Wednesday. Don't quit.



Tuesday, January 26, 2016

We're Americans, Damn It

From Ace:

"The GOP is nakedly now a "clientist" party the same as the Democrat Party. They just have different clients.

And those clients aren't us. 

Some things the GOP does I don't mind, per se, but I object to the GOP making them a priority, while they give us Fake Votes and Failure Theater on our priorities. I'm sure the right to export oil crude is useful. I just don't think it's worth selling out every other agenda item to get. 

A long time ago, the Washington Post described conservative voters as "poor, uneducated, and easily led." 

I am beginning to fear they were right. If we once again snap our salutes and act like the hierarchy-loving drones the Washington Post had us pegged as -- if we once again give in to the Boehner-McConnell Axis of K Street -- then what the hell are we, except "uneducated and easily led?" 

We are Americans, damn it. We are supposed to be unruly. We are supposed to be rebellious.

God did not make us to stand patiently in queues and politely clap for our leaders no matter how distant, corrupt, and dismissive. 

That's why he made Canadians. 

It is time to actually revolt. Not just talk about it -- actually do it. Actually let them know that we do have our limits, and those limits were passed sometime in 2015."

Indeed. 

Monday, January 25, 2016

Longtime Bar in Vista Closes Due to Flooding Losses

Jillian's was one of the first big places to open up in the "Vista", and it looks like the great flood of 2015 took it out.

I enjoyed going when I was younger. I spent plenty of time (and money) there playing pool back in the day, so part of me will miss it. When I'm old, I'm sure I'll be one of those old guys who drives past the location and says to completely disinterested people something like "That's where I used to play pool and drink beer when I was younger".

However, I have to say that I kind of thought that Jillian's was kind of on its last legs anyway. I went in a few times over the last few years, and they place never really seemed to have the pep that it used to. It just wasn't drawing the crowds for big games, or dancing, or whatever. Maybe the management slipped a little bit. Maybe this big hit of losses with the flood was the final straw that broke the camel's back. Maybe that's just the nature of things. Nothing lasts forever. 

Except maybe LaBrasca's.

Friday, January 22, 2016

When Good Men Do Nothing

To sit home, read one's favorite paper, and scoff at the misdeeds of the men who do things is easy, but it is markedly ineffective. It is what evil men count upon the good men's doing. 

-- Teddy Roosevelt in The Higher Life of American Cities (1895)

Thursday, January 21, 2016

This Bernie Sanders Ad Is Pretty Good

I can say this as a conservative. From an objective point of view, in that I'm not voting for either Bernie or Hillary, I think this is an effective ad for Bernie Sanders.



It's uplifting, it's appealing, it's an ad that makes you want to be part of all of those people who are looking for something with Bernie Sanders. I think a lot of Bernie's supporters are people who are looking for something different. 

It's not the pragmatic, boring, I'm more experienced at using the levers of power type campaign pitch that Hillary is selling.

Bernie is selling something that Hillary can't quite get her fingers on, and I think it's working.

Wednesday, January 20, 2016

Hillary Clinton Claims that the Intel Inspector General is, get this, "Working with Republicans"

Right. Riiiiight. The guy appointed by Obama is part of the Vast Right-Wing Conspiracy. Here's what just broke:

In a copy of the Jan. 14 correspondence obtained by POLITICO, Intelligence Community Inspector General I. Charles McCullough III told both the Senate Intelligence and Senate Foreign Relations committees that intelligence agencies found messages relating to what are known as “special access programs,” or SAP. That’s an even more restricted subcategory of sensitive compartmented information, or SCI, which is top secret national security information derived from sensitive intelligence sources.

So obviously, this guy Charles McCullough, III has to be a crazy right-winger who's out to hurt Hillary, right? Except, not so much. Some guy named Barack Obama appointed him back in 2011. Weird, huh.

So here's what the Clinton campaign is going with:

"This is the same interagency dispute that has been playing out for months, and it does not change the fact that these emails were not classified at the time they were sent or received" said Clinton Campaign Spokesman Brian Fallon. "It is alarming that the intelligence community IG, working with Republicans in Congress, continues to selectively leak materials in order to resurface the same allegations and try to hurt Hillary Clinton's presidential campaign."

I guess that when you're actually guilty of committing a crime, the whole process of people finding out what you did probably looks like a conspiracy.

Thing is, this whole thing is not complicated. You can try and make it as complicated as you want, but the reality is really very simple.

Hillary wanted to have an e-mail account that would be safe from Republicans in Congress, from citizens and their FOIA inquiries, and from general accountability to anyone. Nowhere in her calculation to have a private e-mail system did she even remotely consider national security.

It's really that simple.

Monday, January 18, 2016

Cold Night - Hot Fire



Cold night tonight. They say it will be down in the twenties. Good thing the fire is burning nice and warm here at the ol' homestead.

Stay warm out there.

Wednesday, January 13, 2016

Nikki Haley's Response to the State of the Union Hit the Right Tone

Nikki Haley, all by herself, as she gives the response.

In what has to be one of the hardest political speeches to give, Nikki Haley was selected to give the response to the State of the Union last night. [Full text here] The President gets all the pomp and circumstance of being in the House of Representatives, and the whole thing is a huge production.

By contrast, the person being assigned the rebuttal is always alone in a room ('cause everyone else is at the State of the Union) and they have a cold camera to talk to. Talk about a tough act to follow. With that in mind, I thought Nikki Haley took that challenge and did a great job.

While hitting a lot of the standard points, she also denounced the people who make "noise" and the "siren song of the angriest voices":

“There’s an important lesson in this. In many parts of society today, whether in popular culture, academia, the media, or politics, there’s a tendency to falsely equate noise with results. 
“Some people think that you have to be the loudest voice in the room to make a difference. That is just not true. Often, the best thing we can do is turn down the volume. When the sound is quieter, you can actually hear what someone else is saying. And that can make a world of difference.
Clearly, she was aiming her criticism at Trump and cautioning those who support him. I'm not sure that anyone who supports Trump will be swayed by this, because we've seen that Trump supporters are not really swayed by anything. It's a cult of personality with Trump and his supporters, and you can't reason someone out of a position that they didn't reason themselves into to start with.

However, for the rest of the people out there who are looking for conservative (or classically liberal) ideas, Haley provided a wonderful path. She spoke of balancing respect for "modern families" with "religious liberty", she spoke of respecting and welcoming immigrants, while stopping illegal immigration.

And she did it all with a wonderful tone that came from a place of hope and optimism - not from a place of anger and fear. I know this speech will be forgotten by the end of this week, but I hope that the tone and the ideas inspire some candidates to seriously evaluate how they are trying to communicate and what they are trying to do.

Monday, January 11, 2016

News Roundup for Monday, January 11, 2016


Lots of things going on, so I thought I would hit a few high points today.

1. Tigers vs. Tide. The national championship game is tonight, and most people around here feel pretty strongly either for or against, since a local team is involved. Personally, I'm happy for all my friends who are big Clemson fans. I've been seeing your Facebook status updates going to Glendale and being super-excited. Great. Good for y'all. As for your team? I hope they lose 50-0.

It's not personal, Sonny. Its' strictly business.

2. David Bowie died.  I can't say I was a big fan, but I can certainly acknowledge that he was a big deal in his own way. He certainly dressed strangely. I like most of his big hits, but I guess it's the nature of big hits that most everyone likes them, isn't it? My favorite song of his was probably "Heroes".

3. China channels Ronald Reagan? Yes, that, China. The communists may be looking at some Reaganomics to help get their economy going. I hope this is true just for the lols.

4. The State of the Union is tomorrow.  According to CNN, "The White House says President Barack Obama's State of the Union address Tuesday night will be non-traditional. What that means: Obama will be talking about himself, not asking Congress for a long list of items he knows he'll never get."

Obama's gonna talk about himself? What a shock. Where's my fainting couch?

5. More people moving South and West. Not surprised. People voting with their feet.


Friday, January 8, 2016

Friday Art Open Thread

Looks like it's going to be raining and dreary all weekend.


Orest Kiprensky - View of Mount Vesuvius in winter, 1830




Thursday, January 7, 2016

Maybe not the best time?

Just at the moment when most everyone is trying (at least to some degree) to eat healthier, it's Restaurant Week in Columbia. The event runs from today through 1/17, so it's actually ten days. 

Maybe that's a metric week.

In any event, looking at all the participating restaurants, I'd have to recommend Motor Supply. You get three courses for $40, and their food is always great. Drinks at the bar are on point, as well.

Tuesday, January 5, 2016

New Workout Class; I'm Rodney Dangerfield



I know I joked about New Year's Resolutions in my last post, but seriously folks, I'm looking to actually try and get in better shape this year. To that end, I've joined a structured workout group. Don't worry, I'm not going to become one of those people who constantly posts about their workouts and all that kind of stuff.

That's because working out is for me, not you. And no one else really cares, anyway. Talking about your workouts is kind of like talking about your fantasy baseball team. If you're not in the league, you're not interested. So, don't worry, this isn't going to turn into my personal fitness story. However, I did have a funny first day.

The first thing the instructor did was a little "get to know you" moment, where he asked everyone to say their name and talk about their "recent fitness background". Here's how it went:

First Person: Well, I like to do adventure runs, mud runs, and I’m looking to train for one of those, maybe lose 3-5 lbs.
Second Person: I work for a valet service here in Columbia, and I’m running to cars all day. It’s only short distances, though, so I’m looking to build endurance.
Third Person: I’ve been doing lots of different workout regimes over the last few years but didn’t really like them. I’d like to do this class and pair it with my yoga class.
Me: I’m a lawyer, so there’s not a lot of running involved in sitting at my desk or standing up during oral argument. In fact, I have a person called a “runner” who works for me when something needs to be “run”, so I’ve literally delegated my running. My main goal here is to look good in a polo shirt again.

So, let’s just say I’m the not the most in-shape person in the class, which sucks for me because I hate to be bad at anything. Nothing like competition to motivate. In any event, it was kind of funny in a self-deprecating Rodney Dangerfield kind of way.

Monday, January 4, 2016

Battle Cry Game Review

This is the time of year that everyone is making New Years Resolutions playing with their cool, new Christmas presents!

I've been enjoying a very nice Christmas present of John Schindler's Fall of the Double Eagle, which looks at the military campaign at the opening of WWI that led to the fall of Austria-Hungary as an entity. I'm enjoying it immensely. Also, Mr. Schindler is a good person to follow on Twitter if you're into national security and foreign policy sort of things.

But I digress.  For this post, I'd like to link you to a video review of a good friend of mine who's playing with one of his Christmas presents. The game is "Battle Cry" and it's a Civil War approximation (not simulation). He make a good point in that this game finds a good middle ground between overly-complicated simulations and overly-simplistic board games.



One of the issues with this game is that you can't move all of your troops at once. This sort of makes sense when you think about how things go wrong in actual reality where orders get lost, delayed, or simply misconstrued. I think one word that my friend was looking for when describing the gameplay mirroring reality in that orders cannot be given to all of your units at once is the fog of war. If you like that idea, then you'll be okay with the gameplay.


There's also what looks like a Colt revolver on the table, but he doesn't go into how that factors into gameplay. In any event, if you're at all interested in Civil War games, this looks like a good one.

Tuesday, December 29, 2015

Art Open Thread

I'll be away from my desk for the rest of the year, so blogging will likely be sparse. I may scare up some art and/or music for some short open threads.

Thomas Cole, 1837: View of Florence from San Miniato

Monday, December 28, 2015

The Death of Gratitude

"For unto whomsoever much is given, of him shall much be required..." Luke 12:48

Victor Davis Hanson has a wide ranging piece on how the virtue of gratitude is dead in the younger generation today.

Unfortunately, our modern "me" generation has forgotten gratitude and replaced it with the art of victimization. Contemporary Americans prefer blaming others -- parents, ancestors, their country, the world in general -- for their own unhappiness while patting themselves on the back for anything that goes well.

He's not wrong.

I see people who are put through college completely by their parents, and they then graduate with no drive to succeed in the world because they've had everything handed to them. We all know someone like that.

It's someone who's been handed everything, and as a result, they think that the world owes them everything. These people go around looking to blame others when they don't feel appreciated or loved enough, and they love to tout their own successes.

There's nothing wrong with having a strong family support network, but it becomes a toxic cycle if you don't appreciate what you're being given from your family or other benefactors who came before you, and you constantly demand more while not every stopping to think about where the source of the largess originates. It's a lack of gratitude, as Hanson says.

Each generation strives to succeed to a degree that their children will be better off than them or have more opportunities than them. We've come from so far from hardscrabble farmers scratching a living out of the soil or people who packed all their belongings into a wagon and headed west, it's almost like we're now reaching a state of diminishing marginal returns.

One of the most important intellectual aspects of maturity is an awareness of history and having respect for those who helped it happen. There are lots of good things about history that are willfully ignored. The focus seems always to be on how people living two hundred years ago don't share the same enlightened values of some 22 year old kid attending Oberlin.

Sure, there is plenty of bad, but when you weigh it against the good, there is a clear progress, and the whole narrative changes.

I'm going to do everything that I can to ensure that my children don't want for anything and have every opportunity to succeed in life, but even more important than that is instilling the virtue of gratitude and humility in them.

Gifts fade, but virtue is perpetual.

Tuesday, December 22, 2015

Art Open Thread

I'm going to make more of a conscious effort to broaden my horizons with regards to art. Here's one that I found today that I quite like:
Childe Hassam:  La-Val-de-Grace (1888)
The wet cobblestone roads remind me of Columbia today.

Monday, December 21, 2015

Writing more and talking less.

After today, there's only one more Monday left in the whole year. So at least we've got that going for us.

I know that I've been sort of phoning it in on the blog over the last few...well for a while now. I have thoughts on a lot of different issues, but it's hard to find time to sit down and get my thoughts down in a coherent manner. Writing is certainly harder than just sitting around and arguing/complaining with your friends about something. It is for me, anyway. However, it also helps me sharpen my ideas and figure out what I actually think. It's similar to how the written appellate brief is more significant than the fun of oral argument.

Accordingly, one of my New Year's Resolutions is to put out some longer pieces on a more regular basis. Don't worry, there will still be regular posts on trivial things, too. We can't take ourselves too seriously.

In the meantime, I'll put some nice music here that I like to listen to when I'm writing at work. No, it's not seasonal, but it is good.


Let's all try to think a little more, listen a little more, and talk a little less.

Wednesday, December 16, 2015

Darth Trump

Since I have a "diverse" blog, I thought it would be appropriate to put up this video where someone has dubbed Trump over Darth Vader's lines.


You know how people always say "LOL" in response to funny things on the internet? This video actually made me laugh out loud. It's probably the funniest thing that I've seen in months, and I see lots of funny things. Seriously. Stop what you're doing and watch this.

Kudos to whoever did this video. It blows my Trump/Hitler video out of the water.

[h/t to Charles C.W. Cooke for this] By the way, if you're into Second Amendment rights issues, Charles is a great follow on Twitter.

Tuesday, December 15, 2015

Open Thread: Tuesday, December 15, 2015

Has everyone been enjoying this nice weather lately? I feel like maybe we're getting some weather karma after all the horrible rain over the last few months. In any event, I'm not complaining about it being nice outside. I know some of y'all are, but you know what they say about gift horses and such.

I had a productive day at work today, which means I didn't scour the interwebz to find you interesting things. I know, life is hard. Be of good cheer. It's Christmas.

Gerard van Honthorst “The Childhood of Christ”

Monday, December 14, 2015

Top 5 Tom Hanks Movies (and my favorite scenes in each)

You call that a list?
Today, someone made the statement that The Da Vinci Code was one of the worst movies that Tom Hanks ever did. It got me thinking about Tom Hanks' best five movies. So, Hi-Fidelity style, here's the top-five movies with Tom Hanks at his best.

1. Big. This is the classic Tom Hanks comedy. You have to love the premise of a little boy in an adult's body and Hanks pulls it off perfectly. Best scene (keyboard scene)

2. A League of Their Own. If you don't like Hanks as an over-the-hill, recovering drunk MLB player who is forced into coaching girls, then you don't like Hanks.  Best scene (the hard is what makes it great)

3. Saving Private Ryan. Hanks carries the movie as the enigmatic Captain who is tasked to find Ryan amid the D-Day invasion. Best scene (duty as soldiers and the way to gripe)

4. Apollo 13. Hanks is the cool and collected Jim Lovell amid an all-star cast in a great movie that actually happens to be a true story. Best scene (just breathe normal, fellas)

5. Turner & Hooch. Yeah, it's a late-eighties comedy, but when your main co-star is a dog, you have to be a pretty good actor to carry the movie. Hanks succeeds in a great film I still love to watch when I want to see Hanks at peak manic-cleanliness. The scene where he uses the mini dust-buster to the other cop when he gets into his car is hilarious.  Couldn't find that scene, so you get this one (Rules)

* Honorable Mention: Sleepless in Seattle. I didn't think of this one until my wife reminded me about it. Yeah, it's probably classified as a "chick-flick", but Hanks plays his role well. Best actor is probably the young boy who plays his son. Best scene (I cried at the end of the Dirty Dozen)

Planet Saved Over the Weekend!

This might have slipped past you over the weekend, but we saved the planet on Saturday. So, you know, problem solved.

Glad we got that all done. I, for one, will sleep better at night knowing that the planet has been saved from the blight of carbon dioxide. Truly our betters have come through for us in our hour of need. Who are we to deny them their first-class flights to and from the climate summit? They've earned them.

Saturday, December 12, 2015

Army-Navy Game Day (GO ARMY! BEAT NAVY!)

Today is one of the best days in college football. Today, the United States Military Academy at West Point plays against the United States Naval Academy at Annapolis in a friendly game of football.

Army-Navy Program Cover from 1944
The seniors or "First Classmen" playing in the game today are all likely playing their very last game of organized football. Next year this time, they'll be out serving in uniform, possibly in harm's way.

Everyone out there is playing football for the pure love of the game and to represent their school. In an era of million dollar coaches, players leaving early to go to the NFL, and a game that's rapidly becoming all about money, the Army-Navy game is a time-capsule that allows us to enjoy a game of football the way it used to be.

All my family is Army, so hopefully this year is the year that Army can snap the thirteen game losing streak to the Midshipmen.

GO ARMY! BEAT NAVY!

Friday, December 11, 2015

Friday Frivolity - Hitler Finds Out Trump is Still Leading The Race

Happy Friday, campers.

Last night, I made one of the now ubiquitous Hitler parody videos about Hitler finding out Trump is leading in all the polls.

Look, if you can't laugh at politics, you're doing it all wrong. 

Thursday, December 10, 2015

The 2015 Hater's Guide to the Williams-Sonoma Catalog

A good friend of mine brought this to my attention yesterday via Twitter. If you haven't seen this before, it makes fun of the ridiculous things that you can buy in the Williams-Sonoma catalog. Here's one of my favorites:

Item #91-193594 - COOKIE PRESS ($34.95)

The 2015 Hater’s Guide To The Williams-Sonoma Catalog6
Copy: “Our cookie press is a baker’s dream come true. Just fill the barrel with dough and pull the lever.”
Drew says: COOKIE GUN. Fuck yeah! Load me up and I will take out an entire cookie swap with that fucker. PEW PEW PEW 50 snickerdoodles right in Priscilla Purrington’s grill. YOU CAN TAKE MY COOKIE GUN FROM MY COLD DEAD HANDS. That’ll teach her not to have a grosgrain table runner.
By the way, it’s obviously insane to shell out $35 for a cookie bazooka when you can achieve a reasonably similar result using a stupid cookie cutter. The cookie gun will go right into your dustbin along with the infamous waffle batter dispenser and cracker spinner. The truth is that to have a functional kitchen, you only need a few items. A cookie cannon is not one of them.

Tuesday, December 8, 2015

Thoughts on Will Muschamp from Auburn's Perspective

Muschamp wasn't my first choice, but this sounds like an endorsement to me.


Changing the culture requires more than some Oklahoma drills, however. It requires unwavering attention placed upon how you're devising next season's roster. Johnson and his staff emphasized aptitude and statistical markers on the field. They sought statistical legitimacy. Muschamp instead focused almost solely on two indices: Willingness to hit and competitive fervor. He can deal with a lack of size, a lack of speed, short arms, maybe even a little extra weight. He cannot deal with players who will not engage when it's time to engage. He feels like that cannot be taught.

I like the idea of a defense that hits hard, and I agree that you can't coach competitive fervor. Maybe we'll see a tough defense here at Carolina under the Muschamp regime. I'd be okay with that.

Monday, December 7, 2015

How to talk about guns with people and why terminology matters.

Popehat has a very good post about how we can all (present company included) talk more respectfully on this issue with other people. I know that I can certainly do better. I recommend the whole thing to you if you ever talk to people about gun control from either side of the issue. However, one part of the piece perfectly captures why people like me go on all the time about  using the right terminology.

Me: I don't want to take away dog owners' rights. But we need to do something about Rottweilers.
You: So what do you propose?
Me: I just think that there should be some sort of training or restrictions on owning an attack dog.
You: Wait. What's an "attack dog?"
Me: You know what I mean. Like military dogs.
You: Huh? Rottweilers aren't military dogs. In fact "military dogs" isn't a thing. You mean like German Shepherds?
Me: Don't be ridiculous. Nobody's trying to take away your German Shepherds. But civilians shouldn't own fighting dogs.
You: I have no idea what dogs you're talking about now.
Me: You're being both picky and obtuse. You know I mean hounds.
You: What the fuck.
Me: OK, maybe not actually ::air quotes:: hounds ::air quotes::. Maybe I have the terminology wrong. I'm not obsessed with vicious dogs like you. But we can identify kinds of dogs that civilians just don't need to own.
You: Can we?
Exactly. 

Parents: Here's how your child can get a letter from Santa.

It will even have the North Pole Postmark on it.

Totally doing this.

Friday, December 4, 2015

Gun-Control Proponents Aren't Big on Due Process


Apparently, this really confounded some people, and I was confronted with the following question:

"Can someone explain why the senate today voted down a bill to ban people on the terrorist watch list from purchasing a firearm????????????????????"

Since this individual had used up their weeks' supply of question marks, I could tell this was something that they felt very strongly about. Accordingly, I did my best to answer his question.

It wasn't well-received. Apparently, due process is some sort of dodge. I tried again, but as someone once said, "You can't reason a person out of a position they didn't reason themselves into to begin with".

Thursday, December 3, 2015

Entire police force in in South Carolina town resigns in protest

Apparently, they didn't like who got elected mayor.

The article doesn't say exactly what the issue is that brought about the resignation of the entire police force. My money is on a dispute over what kind of barbecue sauce is best. Those are fightin' words around these parts.

Tuesday, December 1, 2015

Five Points has more parking now...if you're into that sort of thing

Say hello to the new center of Five Points: Some Parking Meters
I took this snapshot with my camera while stopped at the light going Northbound on Harden Street this afternoon. What you're seeing as an empty parking lot with little green meters is what used to be the old Exxon Station. Needless to say, I'm...underwhelmed.

I never really thought that parking was a huge problem in Five Points to begin with, so adding more parking spots seemed like a solution in search of a problem that didn't exist. I eat lunch at The Gourmet Shop every once in awhile, and I never have problems finding parking. I go to Five Points for the "Fridays after Five" at the fountain, and again, I don't have problems finding parking. But maybe the rest of y'all are having problems, who knows? And we're talking what, maybe 16 spaces from the look of it? Okay. Is that really going to make a big dent?

In any event, I'm never going to be convinced that the highest and best use of a central piece of real estate, on a corner, in the central hub of a place like Five Points is just a parking lot. It could have been a restaurant, a bar, retail, whatever. Heck, you could have made it some sort of green-space, and I probably wouldn't have a big problem with that.

But parking? Come on.