15 March 2002
Federalist Edition #02-11
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"The great object of my fear is the federal judiciary." --Thomas
Top of the fold...
Monday commemorated the half-year mark since the 9-11 terrorist
attacks that left our country stunned and shaken -- but resolutely
determined to fight back. "Shortly after, during the first day, I
realized that your loved ones gave us the example on which we would
build," former New York City Mayor Rudy Giuliani said in marking the
day. And in Skanksville, Pennsylvania, services remembered Flight 93
and the 40 passengers and airline crew members who rose up against
their plane's terrorist hijackers, including dedication of a marker
inscribed: "This memorial is in memory of the brave men and women who
gave their lives to save so many others. Their courage and love of our
country will be a source of strength and comfort to our great nation."
As The Federalist noted at the time, the most perilous time for our
nation would be the six months following 9-11 as we surged military
and intelligence capabilities for anti-terror self-defense. We noted,
however, that it would take years to restore the capabilities gutted
by the Clinton administration. That not withstanding, President George
W. Bush's war against Jihadistan around the world continued racking up
steady successes, and reliable sources have informed us that there
have been at least two significant interdictions of domestic terrorist
initiatives by Islamic cells -- the details of which remain classified
so as not to compromise ongoing counterterrorist operations. (One
might conclude that the "dirty bomb" scare in New York -- the one that
even the FBI did not hear about -- may account for one interdiction.)
Rounding out nearly two weeks of slackening ground combat, our
military forces and allies took the high ground in Operation Anaconda,
blasting cave entrances and attempting to block and capture fleeing al
Qaeda and Taliban terrorists. Hundreds of Jihadis chose death over
surrender. "It's quite a surprise to our enemies that my boys are up
there at 10,000 feet, chasing them down," said Command Sgt. Maj. Frank
Grippe of the rugged mountain combat he deemed "a light-infantry
fight" well-suited to our warriors from the Army's 10th Mountain
Division and 101st Airborne Air Assault units. Lt. Col. David Gray, an
operations officer of the U.S. 10th Mountain Division, added, "What we
have done is denied al Qaeda of its most important, well-trained
Searches of abandoned caves have discovered al Qaeda training manuals,
bomb-making equipment and other useful intelligence on the
global-reach terrorist network -- prosecution of those networks will
take time. "This war is far from over," noted Air Force Gen. Richard
B. Myers, chairman of the Joint Chiefs of Staff. "If we capture Osama
bin Laden tomorrow, this war would still go on, in my estimation, for
years." Gen. Myers further warned that the 9-11 hijacked airliners
were simply al Qaeda's first acknowledged "weapons of mass
destruction," and that bin Laden's Jihadis are pressing for more
deadly chemical, biological and nuclear weapons.
The concern, as The Federalist has often reminded, is the nexus
between the terror network for operations and nations possessing
weapons of mass destruction for supplies! Of chief concern are "axis
of evil" countries like Iraq, including compelling reports of ongoing
contacts between such Jihadis as lead 9-11 hijacker Mohammed Atta and
Iraqi intelligence officers. To take the temperature of anti-terror
ally nations about preemption of these threats, President Bush has
dispatched Vice President Dick Cheney off on a globe trot. "There is
huge published, compelling evidence about Saddam Hussein and the Iraqi
regime's complicity in the production of weapons of mass destruction,"
Britain's Foreign Secretary Jack Straw remarked as Mr. Cheney touched
down first in the UK.
And speaking of Iraqi threats of duplicitous inhumanity, credible
reports surfaced this week that formerly classified KIA Navy Lt. Cmdr.
Michael Scott Speicher is alive and has been held captive in Iraq for
over 10 years. Cmdr. Speicher, whose F-18 Hornet was shot down over
Iraq on the first day of Desert Storm, January 17, 1991, was not among
the 21 U.S. POWs returned at the cessation of hostilies, nor was his
body recovered from his jet's crash site west of Baghdad.
For his part, Saddam Hussein said of the emerging evidence that
Bush(43) is going to finish what Bush(41) left undone: "They don't
scare us." Apparently Saddam did not get the memo that the smart bombs
have gotten a lot wiser and the bunker busters a lot better! Let's
On this side of the big pond, a six month review of our surged
Homeland Defense capabilities revealed serious deficiencies. Alarming
weaknesses in defensive measures.... A Chicago security review of
almost 4,100 airport workers with access to supposedly "secure" air
terminal areas turned up 167 workers who failed fingerprint and
background checks for criminal histories -- a security risk of more
than 4 percent of the employees at Chicago's two major airports.
(Suspected crimes uncovered through the cross-checks included murder,
extortion and kidnapping, although further review may determine some
of these criminal allegations unfounded.)
Even worse, though, border security is still hole-y as a sieve -- and
likely to get worse instead of better, because of politically correct
and politically expedient Hispandering! Under arm-cracking pressure
from the Bush administration and complicity of the Republican
leadership, the House of Representatives Tuesday passed a six-month
extension of Section 245(i), permitting illegal immigrants to pay a
$1,000 fee to avoid repatriation and associated stringent background
checks of suspected criminal or terrorist links. The final House vote
of 275 to 137 was a mere one vote over the two-thirds needed to pass
this "regularization" (AKA "amnesty") for illegal immigrants now
working in the U.S. (You've gotta pay close attention to those
The controversial amnesty measure had been slated to come up under a
special arrangement placing it on the so-called "suspension" or
"consent" calendar, among a batch of uncontroversial bills expected to
win pro forma approval without amendment or debate -- or a recorded
vote. Friend of The Federalist and California Republican Rep. Dana
Rohrabacher exclaimed, "The parliamentary shenanigans we are
witnessing today to try to get this legislation through to extend
amnesty through to these illegal aliens is unworthy of this body, this
representative body, and is bound to confuse our constituents."
Fortunately, another friend (and after this week a hero) of The
Federalist, Colorado Republican Rep. Tom Tancredo, led the charge for
on-the-record voting on a measure clearly and adamantly opposed by a
substantial majority of the people of the U.S.
Rep. Tancredo rightly observed that passing the 245(i) extension as a
purported "border security addition" is both an offense against common
sense and "a slap in the face to all in the world who are waiting to
come into the country legally. It tells those who waited and came to
us legally that, 'You all are a bunch of suckers. You should just have
sneaked in. We will not trace you down. Stay under the radar screen,
and we will give you amnesty.' That's the message this sends." (A
recent GAO study offers a severe indictment of the amnesty vote, as
fully 90 percent of an initial analysis of Los Angeles area
immigration applications were found to be fraudulent. Even worse, a
follow-up investigation found fraud in all but one of 1,500 such
Rep. Tancredo explained, "[Mexico's President Vicente] Fox has been
begging the President to push this amnesty proposal. We're increasing
our own vulnerability to terrorism, while simultaneously rewarding
people for violating our laws. The proposal not only rewards
lawbreakers, it has the potential to allow criminals, ranging from
petty thieves to suicide bombers, to remain in America legally."
Moreover, a constitutional note: The Constitution explicitly prohibits
ex post facto laws, in which a previously legal act is legislated into
illegality after it is done (Article I, Section 9). But surely
amnestying illegal immigration is the illicit converse of this
principle -- in which previously illegal acts are "government-blessed"
into lawfulness by subsequent passage of legislation.
Almost immediately demonstrating the folly of that vote, on Wednesday,
suspected 9-11 Jihadi attackers Mohammed Atta and Marwan Al-Shehhi
received written confirmation from the INS of their student visa
approvals to attend flight school in Florida. (Typically, immigrants
whose entry or visitors visas have lapsed, as was the case for these
suicide attackers, are not even considered "illegal" if they are
applying for new visa status. Ditto for illegal border-crossers with
paperwork submitted. But had these two Jihadis thought anyone
suspected them, they apparently could have applied for those 245(i)
President Bush remarked of the controversy, "Well, it got my attention
this morning when I read about that [9-11 terrorist hijackers Mohammed
Atta and Marwan Al-Shehhi receiving student visa approvals Monday]. I
was stunned, and not happy. Let me put it another way -- I was plenty
hot." Perhaps, if "plenty hot" means he's heatedly embarrassed for
strong-arming Congress Tuesday into a wink-and-nod at illegal
immigration that could help terrorists remain within our borders!
Quote of the week...
"It is, to be blunt, stupid to talk about homeland defense without
tightening our borders. The immigration laws and the Immigration and
Naturalization Service are a disgrace and have been for years. Yet the
president dances around this question, I suppose, lest he offend his
friend, the president of Mexico. If you can't keep illegal immigrants
out, you can't keep terrorists out; if you can't track people who come
in on a visa, you can't track terrorists who come in on a visa."
"But is the war on terror the right war? Why is bombing Muslims in
Afghanistan more important than defending our borders from a silent
invasion and defending equality in law from race and gender
privileges? On both of these war fronts, the Bush administration is
failing abysmally. Even the U.S. armed forces have become bailiwicks
of discrimination against white males." --Paul Craig Roberts
We happen to think the war against Jihadistan must be fought -- even
with the imperfect instruments left over from years of Clintonian
neglect. However, the estimable Dr. Roberts is correct about the
"strategy" of preemptive surrender on the multiculturalism "war
"Can you name one government reform that actually improved anything?
How many times has Social Security been reformed? How about public
education? Health care? Let's not forget the IRS! In Washington,
'reform' always means more spending, more taxes, more regulations,
more bureaucrats, and less freedom." --Rep. Ron Paul
An especially apt observation, as campaign finance "reform" may pass
the Senate next week....
The BIG lie...
"My reading of the Constitution, though, is the Judiciary Committee is
not mentioned in the Constitution. The Judiciary Committee is not
mentioned. The Senate is. We only in the Judiciary Committee have the
right to give advice to the Senate, but it is the Senate that gives
its advice and consent on judicial nominations.... But it is not ...
appropriate not to have hearings on them, not to bring them to the
floor and not to allow a vote, and it is not appropriate to insist
that we, the Senators -- we, the Senators -- get to tell the President
who he must nominate if it is not in line with the last 200 years of
tradition." -- Delaware Demo Sen. Joseph Biden, member of the
Judiciary Committee since 1977 and one of its former chairmen,
addressing the Senate four years back. But apparently Biden does not
apply this dictum to Mr. Bush's judicial nominees!
Also from Joe Biden in 1997: "I also respectfully suggest that
everyone who is nominated is entitled to have a shot, to have a
hearing and to have a shot to be heard on the floor and have a vote on
Memo to Joe: Some of us have not forgotten that you got caught
cheating in law school!
News from the Swamp...
Speaking of judicial nominations, we heartily applaud Mr. Bush for
coming out swinging this week in defense of appellate court nominee
Judge Charles W. Pickering Jr., who was mercilessly "borked" by
Leftist interest groups who'd rather lie about the good judge's record
than have an empty bench filled by a non-Leftist judge. A Judiciary
Committee vote Thursday to send the nomination to the Senate floor
went down to defeat on a straight party-line vote.
And from Senate Judiciary Committee Chairman Patrick Leahy: "Every
senator has that right.... They can vote against them [in] this
committee and on the floor. But it is the responsibility of the U.S.
Senate to at least bring them to a vote." Of course, like Biden's "BIG
lie," that was in 1997.
Mr. Bush Wednesday accused the Democratic-controlled Judiciary
Committee of creating a "vacancy crisis" on the federal bench by not
approving his judges, observing that of his 92 nominees to the federal
judiciary, the Senate has confirmed only 40, including only seven of
29 Circuit Court nominees (Judge Pickering is one of these). "We are
seeing a disturbing pattern, where too often judicial confirmations
are being turned into ideological battles that delay justice and hurt
our democracy," Mr. Bush said. "A few senators are standing in the way
of justice. ...Under our Constitution, the president has the right and
responsibility to nominate qualified judges, and the legislative
branch has the responsibility to vote on them in a fair and timely
manner. This process determines the quality of justice in America, and
it demands that both the president and Senate act with care and
integrity, with wisdom and deep respect for the Constitution."
The way the Demos see it, counting up Senate floor votes, Judge
Pickering would have been confirmed. In order to pander to their hard
Leftist support organizations who covet bench seats as the favored
ground for Leftist advance, the only place where Judge Pickering could
be defeated was in the Judiciary Committee -- hence the decision to
violate the Constitution and their own prior pronouncements about
proper procedure! The Founders gave the entire Senate the power to
confirm or reject judicial appointments. But this was only the opening
battle in what augurs to be protracted partisan warring over Mr.
Bush's constitutional constructionist judicial nominees, in Leftist
hopes of forcing more Leftward choices out of him.
The grand prize in politics is control of the judiciary. What
motivates Leftist Sociocrats' hard line on judicial nominations? Old
Tom Jefferson had some insights on that question: "The judiciary of
the United States is the subtle corps of sappers and miners constantly
working under ground to undermine the foundations of our confederated
fabric. They are construing our constitution from a co-ordination of a
general and special government to a general and supreme one alone. ...
The germ of dissolution of our federal government is in the
constitution of the federal Judiciary; ...working like gravity by
night and by day, gaining a little today and a little tomorrow, and
advancing its noiseless step like a thief, over the field of
jurisdiction, until all shall be usurped. "
In the House of Commons, (much to the disappointment of Princeton's
noted infanticide advocate, Dr. Peter Singer) the "Born-Alive Infants
Protection" Act passed unanimously by voice vote, declaring that
babies "born alive" would henceforth be recognized as a "person, human
being, child or individual," and appropriately protected. The bill
defines a child "born alive" as one separated from the mother and who
is breathing, has a beating heart, a pulsating umbilical cord or
muscle movement, even if the expulsion occurred during an abortion. Of
the bill's unanimous passage, Kathryn Jean Lopez remarked,
"Pro-abortion groups who originally opposed the bill backed off.
Pro-abortion congressmen who thought the bill unnecessary voted for
it. The press ought to get with it. Infanticide isn't in style with
most of America yet."
In the House of Lords, the Senate rejected tough new automobile fuel
economy requirements Wednesday, choosing to side with the safety of
heavier vehicles favored by many drivers, who otherwise might have to
abandon their families' SUVs and minivans. Senators approved, 62-38, a
proposal directing the Transportation Department to develop new fuel
economy rules but without specific "fuel economy" targets to be met by
And on a disappointing note, Tennessee Sen. Fred Thompson joined the
growing list of Senate Federalists who will soon retire.
In the halls of justice on the right, a federal judge has decided that
Elkhart, Indiana, can keep its 44-year-old display of the Ten
Commandments, if the monument is placed in the context of other
historic legal documents. The judge approved the city's proposal for
four same-sized monuments surrounding the first, featuring excerpts
from the Declaration of Independence, the preamble to the
Constitution, the Bill of Rights and the Magna Carta, with the five
monuments together forming a display called the "Freedom Walk,"
honoring documents considered cornerstones of law and democracy.
From the Left...
From the "Je$$e Ja▎$on 'I have a $▇eme'" Files: Our readers know
that for years we have chastised Je$$e Ja▎$on for being nothing more
than a shakedown artist. Under such headings as "The 'Rainbow RICO'
Report," we have repeatedly hammered Ja▎$on and his ilk for extorting
businesses out of millions of dollars under the aegis of "racial
reconciliation," and under the threat of boycott. Well, finally our
colleague Kenneth Timmerman put it all in one book -- "Shakedown:
Exposing The Real Jesse Jackson."
Of course, the 24 hour news cycle's Leftmedia talkingheads at CNN were
issued a gag order by management ordering them not to give Mr.
Timmerman any airtime because his book is not credible: "[He] is a
longtime writer and investigator touting conservative causes...."
Ironically, Timmerman says he published "Shakedown" because he "wanted
to tell the stories that had not been told about Jesse because there's
been this gag order on the press."
Je$$e Ja▎$on, former lieutenant to Martin Luther King, took King's
famous words, "I have a dream that my four children will one day live
in a nation where they will not be judged by the color of their skin
but by the content of their character," and turned it on end. Je$$e
Ja▎$on, the irreverent reverend, has become the nation's leading
advocate of judging people by the "color of their skin," while
claiming the "content of their character" should not be an issue.
Memo to Je$$e: We will continue to hold you and $hyster $harpton to
the standard advocated by Martin King.
P.S.: Your 2000 state tax filling for your so-called "Citizenship
Education Fund," the lucrative "non-profit" funding vehicle for
Rainbow/PUSH (read "SHOVE") Coalition, is eight months in arrears of
its extended deadline. Is there a problem? Perhaps you should consult
with Enron's accountants....
More effluent from "Most Ethical Administration" this week...
From the "Clinton Presidue" Files, Mikhail Gorbachev, speaking at
Columbia University, noted that Bill Clinton "is guilty for the fact
that the United States has wasted those 10 years following the end of
the Cold War. I think Mr. Clinton, as a freshman in foreign politics,
was spending too much time on the little details." And regarding the
Socialist economic model favored by Sociocrats in our own Congress,
Gorbachev noted, "We were saying, 'Capitalism is moving toward a
catastrophe, whereas we are developing well.' Of course, that was pure
propaganda. In fact, our country was lagging behind."
From the "BureaucRATi Ignoramus" Files, Transportation Security
Administration technocrats secured a purchase for 100 additional CTX
5500 scanner units, priced at $170 million, to be installed at
airports around the nation. This is the same device implicated in the
latest false alarms in Sacramento that resulted in 5 delayed flights
and the evacuation of 200 passengers. The "bomb" was later determined
to be a Mickey Mouse snow globe.
And our Executive Editor received a coffee cup this week emblazoned
with the logo of the Office of Homeland Security. As our fearless
leader noted, "There is no chance of retiring any agency or government
program once its logo is on a coffee cup!" Looks like the Czar of
Homeland Security is one of those "temporary" Washington positions....
Regarding the redistribution of your income...
Last summer, The Federalist reported that "Charge!" wasn't just a
cavalry command anymore -- with evidence of wide misuse of Defense
Department credit cards. Now, one of the employees investigated then
for unauthorized personal expenses on her government charge card, to
the tune of nearly $12,000, has been reassigned and promoted -- and we
are not making this up! -- to the Pentagon's Army financial management
office, where she is tasked with "cash integration." (She was not
prosecuted, and she has not been asked to repay her personal
purchases.) Of the 1.7 million Defense Department employees holding
government plastic, over 46,000 had defaulted on $623 million in
charged official travel expenses as of last November, including 713
commissioned officers in payment arrears of $1.1 million. (The bad
debts have been growing at about $1 million per month. That's some
kind of "cash integration"!)
From the department of military readiness...
Speaking of hole-y sieves, Batman! The Pentagon's got leaks! A couple
of weeks back, Clintonista leftovers sank the good ship Office of
Strategic Influence, and last weekend the "Nuclear Posture Review" was
also leaked to the Leftmedia. The nuclear force document lists not
only acknowledged past nuclear adversaries Red China and Russia but
also the "axis of evil" nations (Iraq, Iran, North Korea), and Syria
and Libya. Defense Secretary Donald Rumsfeld spoke out Wednesday,
saying, "There's been some press discussion about leaks from the
classified Nuclear Posture Review. Needless to say, whoever leaked it
violated federal criminal law. First, the Nuclear Posture Review is
not an operational planning document. It sets out prudent requirements
for deterrence in the 21st century. Without getting into the
classified details of the report, I can say that the Review says
nothing about targeting any country with nuclear weapons. The United
States targets no country on a day-to-day basis."
Naturally, the Leftmedia and their couch-potato cadre expressed SHOCK
at the notion that strategic planners responsible for nuclear warfare
simulations actually conducted nuclear warfare simulations as part of
strategic planning -- and while the U.S. is actually at war. Go
From the states...
The Virginia state senate passed legislation banning partial birth
abortion, making Virginia the first state to stand up to the Supremes
since the high court struck down existing bans in 31 states.
In the People's Republic of Taxachusetts, Gov. Jane Swift signed into
law a requirement that all health insurance plans pay for
contraceptives, regardless of the paying organization's views on
whether that is immoral or murderous.
The "Non Compos Mentis" Department...
Robustly Abominable in our parlance (AKA Rosie O'Donnell to daytime TV
fandom) dropped the bombshell that turned out to be a dud! She
admitted, "I am the gay parent...." In a wide-ranging interview, Ms.
Abominable stated several mutually contradictory assertions. Let's see
if we have this straight -- Tom Cruise "makes her palms sweat" and she
"took ... awhile to understand and to figure out ... what coat fit"
but she believes her sexual orientation "inborn"? Huh? Perhaps she was
unduly influenced as an adolescent by some homosexual celebrity....
This from the University of Northern Colorado, about declaring its
basketball team nickname "The Fighting Whiteys": "We thought, 'Let's
just turn the tables on them,'" remarked Solomon Little Owl, director
of the university's Native American Student Services and a member of
the team. "We disagree with Native American caricatures in sports
logos, but when we raise the issue, people say, 'Oh, it's not
derogatory, it's meant to honor you.' So we decided to show them how
it feels. ...It's reverse psychology. If they're offended, we just
proved our point. Some people don't realize what we're trying to do.
I'm getting these calls and e-mails from people saying, 'Hey, we're
rooting for your team, we're proud to be white,' like they're white
supremacists or something. Our next game is going to be pretty wild.
..This is the beginning, and we're going to keep at it. The fight's
The "American" Red "Cross" of Orange County, California, apologized
for barring songs mentioning "God" and "prayer" from its annual
Volunteer Recognition dinner last weekend, saying, "We certainly did
not intend to hurt or offend anyone, ... [although the decision]
clearly offended some in our community. The judgment we made to
exclude certain songs from the Sunday program was a mistake. We want
to apologize to the community and to any people who were hurt or
disappointed by our actions."
"We wanted songs representative of all races, all creeds. We are not a
religious organization. We have to be neutral and impartial in all
situations," Rebecca Long, spokeswoman for the Orange County chapter
of the "American" Red "Cross," had said on refusing a high school
choral performance to honor the half-year mark since 9-11 including
such inappropriately patriotic songs as "God Bless the USA." Another
song, "Declaration," based on the Declaration of Independence was "too
political," the Red Cross deemed. An explanatory Red Cross statement
read: "The dispute centers only on our sensitivity to religious
diversity and a preference for a music program that would be inclusive
and not offend different populations participating in this event."
On the frontiers of junk science...
A federal judge has ruled that Forest Service officials knowingly used
bad data about spotted owl habitat to block logging in a California
forest, noting that the Forest Service's action halting the timber
sale to Wetsel-Oviatt Lumber Company was "arbitrary, capricious and
without rational basis." Timber company lawyer Gary Stevens called it
for what it is -- "junk science." Hmmmm, politicized (AKA "junk")
science to serve "green" goals.... Does this ring a bell, like the
"ding-a-ling studies" planting lynx fur and reclaiming Klamath Basin
farm water for suckerfish?
Around the world...
Regarding the escalating war between the state of Israel and the
Palestinian terrorists, the UN Security Council this week went on
record in favor of a Palestinian state. President Bush also referred
to Israel's return of fire as "not helpful." "The war Israel finds
itself in was forced on it by the Palestinian Authority and its
chairman following the Camp David summit in July, 2000. Israel never
declared war on the Palestinians; Israel is returning fire against the
terrorist organizations in the framework of its right to self-defense.
He who initiated the war has the power to stop it but he continues to
prefer the terrorist war," responded Israeli Prime Minister Ariel
Sharon to his critics.
The administration's softening support for Israel is undoubtedly
connected to Vice President Dick Cheney's efforts in the region to
build support for the overthrow of Saddam.
Perhaps infestation of "junk science" has traversed from the Forest
Service to the Food and Drug Adminstration! What else explains FDA
approval of "Quorn" for sale as foodstuff in the U.S.? Uh, that would
be a "mycoprotein" masquerading as a meat substitute but made out of
fungus. (The "shamburger" form is called -- again, we are not making
this up! -- "grounds." And ads claim the stuff makes good
"chicken-like nuggets." We do wonder where those are on the real
chickens.) The stuff is very popular in Europe, but we are still not
afflicted with Europeanness envy!
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"To be prepared for war, is one of the most effectual means of preserving
peace." --George Washington