(Guest posted by Big Tent Democrat)

Richard Hofstadter was the most perceptive observer of our political history since DeToqueville. So perceptive was Hofstadter that even though he passed away 36 years ago, he still is more clear headed and penetrating than some of our finest current historians. Professor Sean Wilentz, one of our finest living historians and an extremely gifted writer, has written a wonderful quasi-review of a newly released biography of Hofstadter by David S. Brown that demonstrates his gifts while also showing that even the best we have today do not measure up to Hofstadter. Even Wilentz graciously recognizes this:

David S. Brown claims in this illuminating biography, Hofstadter retains an enormous mystique today, thirty-six years after his death from leukemia at the age of fifty-four. Phrases and concepts that Hofstadter invented to describe and to analyze American politics--"status anxiety," "the paranoid style"-- remain in currency among high-end journalists and pundits. His best books, The American Political Tradition and The Age of Reform, remain on graduate reading lists decades after their publication, models of dazzling prose and interpretive acuity. All but one of his half-dozen other major works remain in print.

In some respects, indeed, Hofstadter's standing has risen since 1970. His fascination with the history of what he called "political culture," the quirks in American politics beyond official platforms and speeches, is now very much in vogue. And no historian of the United States with the same combination of intellectual heterodoxy, literary brilliance, and scholarly sweep has replaced him. Amid the current dizzy political scene--with its snake-oil preachers, and anti-Darwinian Social Darwinists, and Indian casino rip-off artists, and a president whose friends say he thinks he is ordained by God--Hofstadter's sharpness about the darker follies of American democracy seems more urgently needed than ever.

Indeed, understanding Hofstadter is desperately needed. And not just by historians. By pundits, politicians, bloggers and citizens. Because failing to understand Hofstadter's analysis causes us to fail as analysts, historians, pundits and, most importantly, as politicians, especially politicians like Barack Obama.

I've been wondering why the Wilsons chose today to file their civil lawsuit against Cheney, Libby, Rove et. al. (Background here.)

I figure it has to do with the statute of limitations. July 14, 2003 was when Bob Novak's column outing Valerie Plame was published. So, there must be a three year statute of limitations lurking somewhere.

It's not that easy to determine. The lawsuit is a Bivens federal civil rights lawsuit. Bivens is a judicially created remedy that does not have its own statute of limitations. Usually, Bivens actions borrow the limitations statute in the state where the action arose. And, while state law establishes the statute of limitations, federal law determines when the federal Bivens claims accrued.

Under federal law, the statute of limitations on a Bivens claim "begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action." This would seem to be the date Novak's column was published.

Some of the Wilsons' claims allege a violation of their 5th Amendment due process rights. The Supreme Court has recognized the due process clause and its equal protection component as being valid for Bivens claims.

Skippy the Bush Kangeroo, one of my longest standing friends in blogtopia (y.s.c.t.p.) turns four today. Congrats Skippy and Skippy community bloggers, keep up the great work.

Say hello to KnowWar.com

Know War is a not for profit project that aims to help us understand the reality and the impact of war. The first part of this project is seen above, a photograph of what the American death toll looks like.

In addition to the photographic memorial, Know War's mission is to generate an archive of personal testimony and reaction to war. Many of us feel fundamentally disconnected from the reality of combat. Know War aims to create a forum through which to share our experience. We seek firsthand accounts, essays, combat journals, letters home, interviews, photographs, and any of your thoughts regarding war. Please submit emails or Word documents, PDFs, JPEGs or Quicktime attachments and specify whether you request anonymity. All submissions will be posted on Know War.

On July 14 at 10:00 am Joseph and Valerie Plame Wilson will announce the filing of civil lawsuit against I. Lewis "Scooter" Libby, Vice-President Richard Cheney and Karl Rove. Via Christy at Firedoglake.

Update: Here is the Wilson's latest press release, the lawsuit has been filed, you can read the complaint here.

Also, if you'd like to lend them a hand.

Contributions to the Joseph and Valerie Wilson Legal Support Trust can be given here or sent to P.O. Box 40918, Washington, D.C. 20016-0918. [link fixed]

Some excerpts from the complaint:

The White House said today it would consider allowing the FISA court to review its warrantless electronic monitoring program. The devil is in the details:

Specter said President Bush has agreed to sign legislation that would authorize the secretive Foreign Intelligence Surveillance Court to review the constitutionality of the National Security Agency's most high-profile monitoring operations.

Specter said the court would make a one-time review of the program rather than performing ongoing oversight of it.

An administration official who spoke on condition of anonymity said the bill's language gives the president the option of submitting the program to the intelligence court, rather than making the review a requirement.The official said that Bush will submit to the court review as long the bill is not changed, adding that the legislation preserves the right of future presidents to skip the court review.

A one time review is not oversight. Here are the uncontroverted facts (pdf) about the NSA program. More details of the proposed legislation, according to Specter from the Washington Post article.

The last two days have seen the deadliest attacks in 24 years between Israel and its neighbors with Israel bombing Lebanon two days in a row after the kidnapping of two of its soldiers by Hezbollah. Today it bombed the Beirut airport.

President Bush pledged to work with Israel, criticizing Hezbollah for thwarting efforts for peace in the Middle East.

"My attitude is this: there are a group of terrorists who want to stop the advance of peace," he said at a news conference in Germany. "The soldiers need to be returned."

Reactions from other Arab countries:

Moderate Arab governments reacted with relative restraint, apparently reflecting a sentiment in Egypt, Jordan and Saudi Arabia that Hezbollah - and by implication its top ally, Syria - had started the fight with Israel.

I support Israel in this. I'm sure others will disagree. Have at it, but keep it civil and any anti-semitic comments will be deleted.

by TChris

The Republican-controlled Georgia legislature made its intent clear when it enacted a law that required voters to have a driver's license or to buy a state-issued photo ID. Requiring payment for an ID amounts to an unconstitutional poll tax, so a federal judge struck the law down. Poll taxes don't prevent fraud; they suppress voting. That's the transparent purpose of Georgia's Voter ID law.

Undaunted, the legislature reenacted the law, this time offering the ID for free. In response, both a state judge and a federal judge have issued restraining orders against the law's implementation, concluding that the revised law is still likely to be found unconstitutional.

Judge Murphy decided the law still ran afoul of the federal Constitution. He said it violated the First and 14th Amendments because the severe burden on the right to vote discriminates against disadvantaged groups, those least likely to have a photo ID.

Burdening voting is exactly what the Georgia legislature intends.

Typekey is up and running and comment registration is back. Anonymous comments don't let readers know if they are coming from one person or different people. They are misleading because they give the appearance that multiple people share a position that might only be coming from one individual.

Also, without registration, I can't control the spammers, even with filters. I deleted more than 10 comments selling ringtones yesterday. Deleting comments takes a long time because of the rebuilding infrastructure here.

So, if you'd like to comment, set up a free account at Typekey. It will allow you to post comments at all blogs that use the service.

Update: TPM Muckraker calls out Novak on Waas. Novak said,

"I know that the Murray Waas piece in the National Journal, which interestingly was not picked up by anybody, was totally wrong and a total lie," he said.

In fact, Muckraker says, Bloomberg News and MSNBC confirmed Waas' article using their own sources.

**********
Original Post:

Bob Novak was on Fox News yesterday explaining and defending his involvement in PlameGate. As Crooks and Liars reports, he called Murray Waas a liar on Hannity and Colmes.

He was also on Britt Hume's show. Here's the transcript of his appearance.

With none other than former Solicitor General Ted Olson as his new lawyer, Michael Skakel is asking the Supreme Court to take his case and overturn his conviction for murdering 15 year old Martha Moxley. At the time of the crime in 1975, Connecticut had a 5 year statute of limitations on murders that were not capital murders. It eliminated the statute of limitations on all murders in 1976. But Skakel wasn't charged with capital murder, and he wasn't charged until 2000, by which time the five year period had long expired.

Skakel's trial lawyer, Mickey Sherman, raised the argument in the trial court and was turned down. His brief is here. After Skakel was convicted at trial, his appellate lawyers took the issue up to the Connecticut Supremem Court, where they were turned down. But, in turning Skakel down, the court had to overrule its own precedent -- earlier decisions that would have required them to rule in Skakel's favor.

by TChris

An amusing jab at Vice President Cheney from President Putin:

Russian President Vladimir Putin lashed out at U.S. Vice President Dick Cheney ahead of this weekend's G8 summit, calling his recent criticisms of Russia "an unsuccessful hunting shot," according to a television interview broadcast Wednesday.