Bruce Schneier writes about how the U.S. is giving the terrorists what they want by reacting with fear.

I'd like everyone to take a deep breath and listen for a minute. The point of terrorism is to cause terror, sometimes to further a political goal and sometimes out of sheer hatred. The people terrorists kill are not the targets; they are collateral damage. And blowing up planes, trains, markets or buses is not the goal; those are just tactics. The real targets of terrorism are the rest of us: the billions of us who are not killed but are terrorized because of the killing. The real point of terrorism is not the act itself, but our reaction to the act. And we're doing exactly what the terrorists want.

I made a similar argument here when discussing the London attacks and proposed racial profiling programs as a response.

Why do we need terrorists to destroy the cornerstones of democracy with bombs when governments are willing to do it themselves out of fear? Isn't that a sign that the terrorists have won? First the U.S. with its Patriot Act and warrantless NSA surveillance and now Britain, which is considering a new racial profiling program aimed at Muslims based on behavior, ethnicity, and religion.

I'm just tuning into today's news, and Wolf Blitzer on CNN reported that Israel has nuclear weapons and may decide to try and take Iran out even if it has to go it alone.

A reporter from the Jerusalem Post said he has heard this too but that there has been no official confirmation from Israeli officials.

The reasoning seems to be that Israel wants to stop Iran's nuclear weapon development plans which it thinks will reach the R&D stage within six to 12 months. The U.S. may not have the military capability to fight Iran, given how stretched it has become in Iraq.

So, we lost more than 2,000 precious U.S. lives to take out a despot who had nothing to do with 9/11 or the war on terror, only to be impotent at taking out what could be a real threat not just to hundreds of millions of Americans but the whole world?

I realize there is a big issue as to whether Iran is 5 to 10 years away from having a viable nuclear weapons program or 6 to 12 months away from entering R&D, but either way, it just shows what a waste this war in Iraq has been.

by TChris

Republicans are complaining that intelligence agencies aren't doing enough to scare Americans with "ominous warnings" about Iran. Why is the GOP trying to terrorize the country? Why not a rational and calm review of the facts, rather than an endless series of dire warnings?

Now that President Bush has said we're no-way, no-how leaving Iraq, and the Marines are calling up reservists (the Individual Ready Reserve), ABC's Brian Ross reports an Iraq War Veteran's group says a military draft is coming. Why? Because our military is over-extended and Bush has neither a victory nor an exit plan.

"This move should serve as a wake-up call to America," said Jon Soltz, an Army captain who served in Iraq and heads the group VoteVets.org, which raises funds for Iraq and Afghanistan veterans running for Congress. "Today's announcement that thousands of Marines in the Individual Ready Reserve will be called back to go to Iraq is proof that our military is overextended, and there is no plan for victory in Iraq."

"If this call-up directly fed into a plan for victory and bringing our troops home, we could take some solace. But there is no plan. We must demand a detailed, military victory strategy in Iraq, which will get our troops out of harm's way and relieve the strain on our active duty troops," said Stolz.

Also check out this article at Time: As the armed militias do their bloody work, neither U.S. nor Iraqi forces show any ability to curb them.

As more and more Americans come to understand that the war on terror is distinct from the war in Iraq, let's hope more people will voice their opinion at the polls in November.

[hat tip Raw Story.]

I'm in need of a little lift tonight. This song always does it. Here's a video I made from my VHS tape of Natalie Merchant and 10,000 Maniacs singing These Are the Days at President Clinton's MTV Inugural Ball in 1993. I love the way she starts dancing in the middle. As always with songs from this tape, turn up your computer volume to hear it, the tape is very old.

Good news for pain doctor William Hurwitz. The 4th Circuit Court of Appeals has overturned his conviction and 25 year sentence for drug-trafficking because the trial judge failed to give a "good faith" instruction to the jury.

The decision again galvanized the national debate that the Hurwitz case had
come to symbolize: whether fully licensed doctors prescribing legal medication to patients in chronic pain should be subject to prosecution if their patients abuse or sell the drugs. Patient advocate groups strongly supported Hurwitz and expressed concern that his conviction would have a chilling effect on pain doctors.

....Jurors convicted Hurwitz on 50 counts of a 62-count indictment, including conspiracy to distribute controlled substances. They acquitted him on nine counts and deadlocked on three. Hurwitz was sentenced to 25 years in prison.

The text of the opinion is here(pdf).

Immigration and Customs Enforcement got a little more egg on its face last week when it was disclosed it had deported a U.S. citizen. True, the man didn't know he had become a citizen at age 15. But, the law says the burden of proof is on the government when it comes to deportation. And shame on the prosecutor who continued to argue for his deporation after the information came to light.

Duarnis Perez became an American citizen when he was 15, but he didn't find out until after he had been deported and then jailed for trying to get back into the country. He was facing his second deportation hearing when he learned he was already a U.S. citizen. Still, federal prosecutors fought to keep him in custody.

Assistant U.S. Attorney Sara Lord, who prosecuted Perez, declined comment when asked if the government would appeal. In a brief, she argued Perez was at fault for not knowing his status, saying he "cannot base his failure to discover the circumstances on the alleged omissions of others."

The federal judge hearing the case was having none of it:

Who knew Bush had such a sense of humor? From U.S. News & World Report:

Animal House in the West Wing

He [Bush] loves to cuss, gets a jolly when a mountain biker wipes out trying to keep up with him, and now we're learning that the first frat boy loves flatulence jokes. A top insider let that slip when explaining why President Bush is paranoid around women, always worried about his behavior. But he's still a funny, earthy guy who, for example, can't get enough of fart jokes. He's also known to cut a few for laughs, especially when greeting new young aides, but forget about getting people to gas about that.

How utterly juvenile. [Hat tip to TBogg.]

The Republican National Committee has turned its website into a tabloid in the vein of the National Enquirer. Check out this hate-filled "article" on Markos of Daily Kos. What did he do to deserve the party's wrath? He took a vacation.

As Steve of Carpetbagger Report writes at Crooks and Liars:

Maybe I'm missing something here. Are we supposed to be disgusted with Kos for "relaxing"? Are vacations now bad? Or is the point that Kos is somehow suspect because he went to El Salvador?

The family of John Mark Karr is looking for a buyer for the movie rights to their story. They say it is to help pay for a high-powered lawyer to represent the suspect in the Jonbenet Ramsey case.

Karr's father and brother hired actor, author and producer Larry Garrison to represent them in any media deals and to help them find a top attorney to represent Karr, who is in a Los Angeles jail awaiting transfer to Colorado to face allegations he killed the girl in 1996.

But what does the family know about him in recent years? When was the last time they saw him? Reportedly, the father thought he was dead. Does anyone even want to hear their story? The story that counts is that of John Mark Karr.

Even sillier, the family thinks that the public defender's office isn't adequate.

"Right now he's got a public defender to represent him," Garrison said. "It's their desire to get someone high-level." Garrison declined to say if the family has been in touch with Karr in jail.

by TChris

One cost of staying the course in Iraq:

The Marine Corps said Tuesday that it would begin calling Marines back to active-duty service on an involuntary basis to serve in Iraq and Afghanistan -- the latest sign that the American force is under strain and a signal that the military is having trouble persuading young veterans to return.

Marine commanders will call up formerly active-duty service members now classified as reservists because the Corps failed to find enough volunteers among its emergency reserve pool to fill jobs in combat zones. The call-ups will begin in several months, summoning as many as 2,500 reservists at a time to serve for a year or more.

by TChris

The "unitary executive theory" is conservative codespeak for "all powerful president," a notion readily embraced by President Bush. In practice, our unitary executive is a government of one (or a few, if you count Cheney, Rove, and Condi), a supreme decider whose power is subject to no constitutional or statutory limits. After all, he couldn't protect us from all the suiciders while freeing the world from Islamic fascist tyranny if he yielded to the unpatriotic demands of lawmakers or judges.

To counter the academic and think tank writing that promoted (with startling success) the unitary executive theory, the American Constitution Society co-sponsored a symposium, "War, Terrorism and Torture: Limits on Presidential Power in the 21st Century," last October. Three papers that grew out of the symposium were released this week:

Unitariness and Myopia: The Executive Branch, Legal Process, and Torture by Cornelia Pillard views torture as indicative of a more general problem: an executive branch tendency during times of national security crises to view legal constraints as annoying, even harmful, obstacles to effective executive action. Pillard explores reform aimed at promoting executive branch respect for the law, even in trying times.