Open Thread.

Sixteen months ago, a three judge panel of the 9th Circuit Court of Appeals reversed a trial court's order dismissing the ACLU's lawsuit in Mohamed et al. v Jeppesen Dataplan, Inc. The ACLU sued the Boeing subsidiary in May, 2007 for its role in the Bush administration's unlawful extraordinary rendition program. Once Bush was gone, Obama stepped in and maintained the Bush position. The three judge panel rejected the Bush and Obama Administrations' "state secrets" claim, holding that the government must invoke the state secrets privilege with respect to specific evidence, not by moving to dismiss the entire suit.

The lawsuit was brought on behalf of five men, Binyam Mohamed, Al-Rawi, Abou Elkassim Britel, Ahmed Agiza and Mohamed Farag Ahmad Bashmilah, who were kidnapped and secretly transferred to U.S.-run prisons or foreign intelligence agencies overseas where they were interrogated and tortured.

Today the 9th Circuit Court of Appeals, en banc, changed course and dismissed the lawsuit, based on the state secrets claim. In other words, the court denied the detainees, victims of the extraordinary rendition program, their day in court. Today's opinion is here. [More...]

The Jewish High Holy Days begin at sunset with Rosh Hashanah, ushering in and celebrating a new year, 5771. They end in ten days, with Yom Kippur, a day of atonement and fasting, and a sunset "Break Fast" meal.

On the menu for many: Brisket, roast chicken, challah, matzo ball soup, gefilte fish, chopped liver and kugel. For dessert: sliced apples dipped in honey is traditional. And, of course, the blowing of the Shofar.

I have a brisket on the stove, it smells really good. Here's an overview of Rosh Hashanah's customs.

Update 7:54 pm MT: Shana Tova is the number #1 trending topic on Twitter. שנה טובה! A year of blessings, fulfillment, health and happiness to all.

This is an open thread, all topics welcome.

The President will be speaking momentarily regarding his proposal to provide tax relief to 98% of Americans. The Republicans are opposed to the Obama Tax Cuts, insisting that they must include tax cuts for the wealthy that will cost $700 billion.

I hope to provide a link for viewing as soon as one becomes available.

"Same old Republican ideas, cut taxes for millionaires and corporations." Not enough mention of Bush though for my taste. It's a good speech. Nice Lincoln quote on how the government should do what individuals can't do for themselves.

Really good speech. Where's this guy been? (Though I was told he showed up in Wisconsin last week.)

"I believe we should make tax cuts for the middle class permanent."

"We should not hold tax cuts for the middle class hostage to tax cuts for the wealthy." Ding!

President Obama is killing it. Great speech. This, my friends, is the bully pulpit. Makes me want to post a photo diary . . . text of the best parts of the speech on the flip

Open thread.

HuffPo:

"If what it takes to prevent a tax hike is to start with two years, if that's what it takes to talk Democrats out of raising taxes, that would be a good start," said Don Stewart, [GOP Leader Sen. Mitch] McConnell's communications director. "But we're not for raising taxes in two years.The most important thing is to prevent a tax hike in the middle of a recession," Stewart added. "This should be done for as long as possible, but a 2-year freeze at the current rate, if that's what it takes to prevent a Democrat tax hike, would certainly be preferable to an immediate tax hike on every taxpaying American."

Cutting taxes for the wealthy as proposed by the Republicans would cost $700 billion over 10 years. See when deficits don't matter? When it involves tax cuts for the wealthy. Where's Pete Peterson on this?

Also, if Republicans want to cut taxes for 98% of Americans, they can support the Obama tax cuts for the middle class. They don't. They only care about tax cuts for the wealthy.

Speaking for me only

I was even more curious, however, to get a glimpse of the great man.

I'm pretty sure that Goldberg is referring to Castro as a "great man" in the important in history sense, not in the "I think he is wonderful" sense. But it still startled me. It also reminded me of the Louis Farrakhan brouhaha back in the day with the Hitler was a great man stuff. (Also interesting to remember was Farrakhan's "judaism is a gutter religion comment in light of today's anti-Muslim hysteria.) Some thoughts on the flip.

Peter Griffin: First, I will return Joe's pool. In exchange, I demand access to it on alternate weekends.

Joe: No.
Peter: Accepted. I also demand to remain my own independent nation.
Mayor Adam West: Absolutely not.
Peter: How about you just give me your pen?
Mayor Adam West: You mean this cheap little pen we have millions of back at the office?
Peter: Yeah.
Mayor Adam West: No - Family Guy Petoria episode

Jon Cohn on the Peter Orszag School of Bargaining:

NYTimes:

President Obama on Wednesday will make clear that he opposes any compromise that would extend the Bush-era tax cuts for the wealthy beyond this year, officials said, adding a populist twist to an election-season economic package that is otherwise designed to entice support from big businesses and their Republican allies.

If the President sticks to his guns, it will be the crowning progressive achievement of his tenure to date.

Speaking for me only

The Third Circuit Court of Appeals today released its long-awaited decision on whether the law and the Constitution require a warrant based on probable cause (rather than a court order issued under a lesser standard) when the Government wants cell phone providers to turn over data showing the location of the cell phone. Wired gets the import right: Court OKs Warrantless Cell-Site Tracking."

The Third Circuit is the first appeals court in the country to address the issue. The decision is here. EFF and the ACLU submitted Amicus Briefs. Disappointingly, the Obama Administration argued probable cause and a warrant are not needed for historical CSLI, and refused to say it wouldn't go the same route when seeking prospective (real-time) data.

The Court's decision is very disappointing. The ACLU and EFF are trying to spin it into a win, but it's clearly not. [More...]

Chicago Mayor Richard Daley announced today he won't seek re-election.

Rahm Emanuel, Compromiser-in-Chief, has said he's interested in the job. He doesn't see eye-to-eye with Obama's inner circle of advisers and it's long been rumored he only planned to stay with Obama through the mid-term elections anyway.

Run, Rahm, Run. Obama needs a new Chief of Staff -- one who's more concerned with a bill's details than capitulating on principles to get it passed. From the New York Times March, 2010 profile on Rahm:

Emanuel is far less concerned about the details of a bill than the ability to get it passed.

Please, Chicago, take him off our hands.

Congrats to the Boise State Broncos who won a heartstopper last night in DC over the Virginia Tech Hokies, 33-30.

If I had a vote, the Broncs are #1 AND Kellen Moore is the Heisman Trophy winner. But that's this week. A long way to go yet.

Open Thread.