Judicial Review?

I have more respect for John McCain as a candidate than I have had for a major Republican candidate in pretty much living memory. He has risked political capital for principle on a number of occasions, most notably in his support for campaign finance reform, and that’s not easy to do in politics for as long as he has been it. I still disagree with most of his positions, but I respect him.

That’s why I felt such a chill down my spine during his remarks yesterday when he became the presumptive Republican nominee for president when he spoke of his enthusiasm for judges who “take as their sole responsibility the enforcement of laws made by the people’s elected representatives.”

The Opening and Closing of European Borders

Lost under all the speculation about American shoppers and the failing U.S. economy in the weekend before Christmas is the news that Europe has finally reunited.

You are probably thinking back to a night almost two decades ago, when the Berlin Wall fell, Communism collapsed, and Europe, you thought, had already reunited? November 9, 1989, was most certainly a night to remember — the night the process of European unification began. [For the sticklers among you, it *really* began decades earlier with the creation of the European Coal and Steel Community in 1950.] It took another step forward in 2004 when 10 countries, eight of them from the “East,” joined the European Union. This process neared further completion Friday when the Schengen zone expanded to include nine of those ten countries (Cyprus the lone holdout).

The photo above shows the German/Polish border at Frankfurt (Oder)/Slubice, the cities where I lived and filled my passport with crossing stamps for over two years. As of Friday, there are no longer guards stationed at that checkpoint, no one keeping you from (stereotypically) filling your shopping cart with low-priced cigarettes and heading West or riding back to the East on someone else’s bike.

If you’re like me with a U.S. passport and penchant for peace and travel, this news is cause for celebration. Once you enter the vast continent of Europe, you can travel around freely almost everywhere, crossing borders without ever needing to show your passport again until you leave. This is doubly good for Europeans who can leave home with nothing more than the equivalent of a driver’s license before flying off to France, Estonia or Hungary for the weekend. But if you’re Russian or Chinese, Indian or Kenyan, you can expect visits to Europe to become that much more difficult. It all comes back to that largely unknown and poorly understood Schengen Agreement.

Just Say No

In further, and hopefully final, news on the Venezuelan constitutional reform front, (which I talked about earlier here,)  Chavez’s proposed reforms were defeated in the public referendum, 51% to 49%. Given his almost complete lack of opposition in the Venezuelan Congress, these reforms were starting to seem inevitable, so I was both surprised and relieved to hear that the public had voted them down.

The NPR story from this morning noted that the “No” campaign had been aided by some recent rather high profile “defections” from Chavez’s camp:

High-profile defections had strengthened the opposition in recent weeks. Among them was the former Chavez loyalist and Defense Minister Raul Baduel. He stepped down this summer and later condemned the constitutional package Chavez proposed as an undemocratic grab for power.

“The nature of the Constitution does not permit one side or another to compromise it,” Baduel said. “It is a contract … between the people and the state.”

How Many Terms Should a President Serve?

The New York Times reported today on the possibility that Russian President Vladimir Putin, by adding his name to the parliamentary election list for December, may lead the legislature following the end of his second presidential term. The Russian Constitution prohibits members of the Federal Assembly from holding office in both the House (Duma) and Senate (Federation Council) concurrently, as well as from serving as local and federal deputies simultaneously. Apparently, and you legal types are welcome to comment here, this prohibition does not extend to two simultaneously-held federal offices — either that, or Putin would resign from office before assuming the other position to keep the move constitutional.

Furthermore, the Russian Constitution states, “No one person shall hold the office of President of the Russian Federation for more than two terms in succession.” This, as the article points out, would allow Putin or anyone to return to the presidency after a term hiatus. The speculation that Putin may simply stay for an unconstitutional third term or the new theory that he may obey the letter but not the spirit of the Constitution by remaining in a high-profile political position until he can legally resume the reins of federal power are used to point to the underdevelopment of democracy in Russia.

That Made in China label

Don’t you just love vilifying China?

Growing economy? (Check) Massive trade imbalance? (Check) And Commie to boot? (Check!)

Were you really surprised when they started poisoning our puppies? It’s a vast, Chinese, pink-o commie conspiracy against the American way of life people! Wake up and smell the green tea!

Well, ok, no. It’s not. But when it comes to buying things, why are we so anti-China?

You have books such as A Year Without “Made in China” by Sara Bongiorni and massive fear-induced boycotts of all Chinese goods, so maybe we do think it is a commie plot.

Oh! But Jennie! They all work in sweat shops! And only make 57 cents an hour! And their pet food/toys/toothpaste ARE all being recalled for poison/lead paint/whatever… China’s cutting too many corners! Chinese products are bad!

Well, no. They’re not.

Why are we blaming China for something that is fundamentally the fault of industry? American industry?

Scooters that stay where you put them

As an addendum to Kevin’s appraisal of the Scooter Libby commutation, I heard this short story on NPR’s All Things Considered yesterday: Quiz Show Draws US Attorney. Special prosecutor Patrick Fitzgerald, the man who actually prosecuted Scooter Libby and had him convicted, will be appearing on the NPR news quiz show, Wait Wait… Don’t Tell Me! He will be answering questions for the “Not My Job” segment, on the subject of… scooters.

My favorite part? They gave him a present for being on the show, (which they don’t normally do.) A child’s kick scooter, engraved with the words, “To Patrick Fitzgerald, USA: This one will stay where you put it.”

Listen to the segment, because there are several other amusing anecdotes. Or even better, try to catch the full show this afternoon.

-posted by Dana

A Belated Appraisal of the Scooter Libby Commutation

In this fine space just a few months ago, I offered my position on the presidential pardon and whether I. Lewis “Scooter” Libby should be a recipient of that presidential power. On Monday, July 2nd, President Bush commuted the 30-month prison term of Libby’s original sentence, which also included a $250,000 fine and a two-year probation. Libby has paid his fine and will soon begin the supervised release period.

Like many commentators, I disagree with President Bush’s decision, but for different reasons than many of those editorialists and columnists have offered. Those on the liberal end of the spectrum seem to argue either that the pardon of Mr. Libby removes incentives for Mr. Libby to testify against others who may have been involved in the outing of CIA operative Valerie Plame Wilson or that the sentence of Mr. Libby was within federal sentencing guidelines and thus appropriate, directly contradicting President Bush’s position that the sentence was “excessive.” Liberals also complain that Bush went outside the standard Justice Department system for advising the president on matters of clemency. Those of a more conservative bent seem to be dissatisfied that Mr. Libby was not completely pardoned for the crime, as they believe that Special Prosecutor Patrick Fitzgerald over-reached in his investigation and that because there has not been an indictment for the theoretical underlying offense (the outing of a covert CIA operative), Mr. Libby’s crime is minor at best. Note: these summaries are my impressions of the general consensus and not necessarily applicable to every liberal or conservative commentator, respectively.

Big Day for Arms Control

That President Bush, he just can’t get a break, can he?

On what should have been a positive day in the sea of negativity that is Bush’s second term, North Korea opened its nuclear facility in Yongbyon to IAEA inspectors. This is the first step in a lengthy disarmament process which, it is hoped, could ultimately normalize relations between DPRK and the U.S.

This good news, however, is likely to be overshadowed by Russia’s President Putin announcing that Russia is suspending the Conventional Armed Forces in Europe (CFE) Treaty, which has reduced the number of tanks, combat vehicles and fighter aircraft on the European continent. While this move seems drastic, Russia has not committed to withdrawl from the treaty; the primary foreseeable change is the halting of physical inspections of military installations. Changes to the treaty have been on hold since 1999: NATO countries have been delaying ratification of the Adapted CFE Treaty in response to Russia’s failure to withdraw forces from Moldova and Georgia.

Given these developments, where is arms control in the 21st century headed? Can we look forward to U.S-Russian cooperation again once Bush has left office? Or is Putin foreshadowing a chilling of East-West relations in military and security affairs? And has Korea indeed come around? Discuss.

Prisoner in his own country?

The Associated Press reports that Russia is refusing to extradite Andrei Lugavoi, the man Scotland Yard suspects poisoned Alexander Litvinenko with a spot of tea brewed with deadly Polonium 210. This is likely no surprise to anyone involved, nor do I imagine highly irregular. I would guess that the U.S., which refuses to sign on to the International Criminal Court, is loathe to extradite its own citizens as well.

Nevertheless, my question — for the legal eagles out there — is this: what effect do the charges in Britain have on the life of Andrei Lugavoi? If he leaves Russia, where he is in effect protected for the present, does he suddenly become fair game for arrest and extradition? Will Lugavoi never be able to leave his own country again?

Further, is the protection from extradition — and I except here cases in which our human rights or humane treatment cannot be guaranteed in the receiving country — that may be granted by our countries outdated in the global age? Is justice being thwarted for some other principle that isn’t immediately obvious?