Video: President-Elect Obama's First Weekly YouTube Address

- Garry J. Wise, Toronto

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The Bush Blanket Pardon Solution

In a post last weekend, I expressed concern about the exercise of the outgoing President's pardon-granting authority as a sheild against subsequent investigations into torture, among other offenses, under the Bush regime:

I anticipate much in the way of attempted pre-emptive defense by the outgoing President's soon-to-be-unleashed pardon machine. He will resist all subsequent efforts to impose accountability upon his disgraced, departing administration.

ATalk Left article also addresses this concern in depth.  See: Will Bush Issue Blanket Pardons for Rendition and Torture?  

More from Digby:

Evidently, there's talk of Bush issuing a blanket pardon to anyone involved in his torture regime before he leaves office and Salon is also reporting that there are some plans afoot in the Obama camp to initiate a broad congressional inquiry into the whole interrogation program, which would be even more amazing. 

As to the pardons, there is precedent for a president to pardon whole categories of people --- Carter did it for draft resisters and George Washington did it for those involved in the Whiskey Rebellion. The article discusses some moral distinctions, but it seems clear to me that Bush could do this and there would be nothing anyone could do about it. 

- Garry J. Wise, Toronto

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Hillary Talk Heats Up

On Wednesday, we alluded to rumours of the possible appointment of Hillary Clinton as U.S. Secretary of State.

By today,  this talk is actually starting to sound a lot more serious.

- Garry J. Wise, Toronto

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Remembrance Day, 2008: Queen & Bay, Toronto

- Garry J. Wise, Toronto

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Hillary Clinton as Obama's Secretary Of State?

It's a distinct rumour, according to this Bloomberg story.

Meanwhile, Washington Post columnist Richard Cohen says Al Gore - and only Al Gore - should get the call.

More rumours (and a fancy flow chart) here.

- Garry J. Wise, Toronto

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Bits and Briefs

Now that election fever is behind us, here's another instalment of Bits and Briefs to catch us up on some interesting current developments that we haven't yet addressed:

• On November 10, the Ontario Court of Appeal unanimously quashed a City of Oakville bylaw that attempted to reduce visual pollution by limiting billboard advertising. The Court held the enactment was "an unreasonable "intrusion" on the right to freedom of expression." See: Oakville loses bid to limit billboards - Toronto Star

• Prime Minister Harper indicates that scheduling public hearings on the pending Supreme Court of Canada appointment of Thomas J. Cromwell will be a priority when Parliament reconvenes November 18. See: New SCOC justice appointment top priority for Harper - Canada.com

• The U.S. Supreme Court will hear argument November 12 on a Utah appellate ruling that required Salt Lake City to permit the erection of a monument in a City public park by the small, Summom religious sect. Salt Lake City initially refused the monument, which is to be located in a park that already has a Ten Commandments display of similar size to the proposed Summom monument. A New York Times report says the case may be "the most important free speech decision of the term." See: From Tiny Sect, Weighty Issue for Justices

• After the success last week of California's Proposition 8, which outlawed same-sex marriage in the State, the California courts will once again be called upon to decide the issue - See: Legality of Same-Sex Marriage Ban Challenged - Washington Post

• MSNBC reports on the coming same-sex marriage debate in New York State. See: N.Y. eyes gay marriage but opponents vow fight

• A Washington D.C. District Court judge has ruled that two actions may continue against the Bush Administration to recover millions of missing email communications. See: White House Suffers Loss in Email Case - Wall Street Journal.

• On a related note, earlier this month another federal judge ordered the Bush administration to produce the infamous legal memos it relied upon in establishing its warrantless wiretapping procedures. See: Judge orders review of wiretap memos - MSNBC

• U.S. President-elect Barack Obama will have opportunity to appoint numerous federal judges when he assumes office in January. See: Dozens of federal judgeship openings for Obama - AMERICABlog

• A Malaysian court has released one of the country’s leading bloggers, who had been held on doubtful national security claims. - See: Malaysian Court Frees Blogger Detained as Threat to Security - NY Times

• Killed by a shopping cart? Will Home Depot be liable in the death of a St. Augustine, Florida shopper who was allegedly struck by an over loaded shopping cart of another? It is alleged that the victim, an 80 year old lawyer, was injured in the collision, and subsequently died from surgical complications. See: Careless Shopping Cart Loading Alleged in Death Case - On Point News

• The ABA Journal offers a "legal futurist's" forecast of the imminent near-death of the legal profession, as we now know it. Soon, according to Richard Susskind, "conventional legal advisers will be much less prominent and legal services will be 'commoditized.'" See: Legal Futurist: ‘The Party is Now Over’

• In fact, U.S. law firms are genuinely feeling the pinch of the nation's economic difficulties. See: Even Law Firms Feel Strain of Layoffs and Cutbacks - NY Times

• CTV reports that General Motors shares hit 60-year low yesterday. In response, U.S. Democrats Seek Help for Automakers - NY Times

• As Ontario's distracted driving bill winds its way through the Provincial Legislature, the American Medical Association agrees that Texting while driving is bad and supports state legislation banning the practice.

• Supreme Court of Canada Justice Ian Binnie wins rave reviews for humour in a speech at a Hastings County Law Association function. See Supreme Court justice ... and a comic - Belleville Intelligencer

• Learn more about Using Google to Research Case Law - Devin Johnston

• Finally, it probably isn't such a good idea for a law firm to offer a retiring judge a position - in the middle of a trial the firm is arguing before him. "'Cupo spent over $250,000 to have his case against Lawrence Denike tried to conclusion and now as a direct result of the actions of Thomas J. Herten, Esq., and the Defendant law firm of Herten, Burstein, Sheridan, Cevasco, Bottinelli, Litt & Harz, LLC, he must spend additional funds for the retrial,"' reads the complaint in Cupo v. Herten." See: Firm Sued for Offering Job to Judge While He Sat on One of Its Cases - Law.com

That should do it for now. Happy reading.

- Garry J. Wise, Toronto

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On Closing Guantanamo

Obama legal advisor Laurence Tribe, on the development of immediate plans to close Guantanamo and try its prisoners on American soil:

"We can't put people in a dungeon forever without processing whether they deserve to be there."

..."In reality and symbolically, the idea that we have people in legal black holes is an extremely serious black mark... It has to be dealt with."

That sounds about right.

- Garry J. Wise, Toronto

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“If not for the Internet, Barack Obama would not be President"

Some heady claims in this commentary from Huliq.com, Web 2.0 And The Internet Delivered The Vote For Obama:

“If not for the Internet, Barack Obama would not be President or even the democratic nominee,” claimed Arianna Huffington, of the liberal Huffington Post Web site... during a roundtable on the final day of the Web 2.0 Summit.

"Barack Obama built the biggest network of supporters we've seen, using the Internet to do it," Joe Trippi, an Internet political and business consultant who pioneered the use of the Internet in politics managing Howard Dean campaign in 2004, and who managed John Edwards' campaign in this election, told InformationWeek. "I don't think there's any doubt that communication through YouTube and other social networks put him over the top."

Compelling statistics are advanced to back these claims:

Barack Obama’s Facebook page has 2.6 million friends or supporters... John McCain’s Facebook page only had 64,000 supporters in contrast. .

There were over 500 million blog posts mentioning Barack Obama while only 150 million mentioned John McCain. Obama even had more MySpace friends than John McCain. Obama had 844,927 to McCain’s 219,404. These are also web 2.0 tools that voters used this year.

After laying this groundwork, the article poses a technologically modern, but very novel question.

With internet support so critical to the success of Mr. Obama's Presidential campaign, will it also be a tool for the President-elect to go "over the heads" of Congress to mobilize support for his legislative goals:

With this type of direct networking power, the White House may even be transformed from what we know it today. Web 2.0 may be finding its way into voter consciousness soon. Imagine a president going straight to the people for support on legislative initiatives in order to get Congress to enact them into law.

This could be the beginning of a true government run by the people for the people. Web 2.0 and the internet could be the groundwork for this principle.

We are seeing the beginnings of this trend already, as progressive American bloggers begin to advocate for the priority of their key issues, in favour of their suggested Cabinet appointments, and in opposition to others.

Perhaps we are already in the era of Politics 2.0.

More reading:

• Commentary: GOP needs to catch up to Obama's Web savvy - CNN
• Favored Obama address begins with http, not 1600 - His use of technology didn't end with election, if new Web site is a clue - Houston Chronicle

- Garry J. Wise, Toronto

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Video: Canadian Progressive Bloggers On Obama

Meet the Bloggers...

At a November 2, 2008 gathering of Progressive Bloggers in Waterloo, Ontario, I spoke with three Canadian writers, Deb Prothero, Omar Ha-Redeye and Jennifer Smith, who shared their thoughts on Barack Obama, the U.S. election and the future of America.

Here's the video:

Jennifer Smith's political commentaries are housed at Runesmith's Canadian Content.

Omar Ha-Redeye can be found at Slaw and Law is Cool.

Deb Prothero, who hosted last Sunday's event, writes at Seeing Red in the Southwest.

- Garry J. Wise, Toronto

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California Courthouse Arrest: Man Allegedly Drove Stolen Vehicle to His Auto Theft Trial

Dumb criminal alert here.

- Garry J. Wise, Toronto

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Mississipi Driver Throws Kids Off School Bus for "Saying Obama's Name"

See this report from Pearl, Mississippi, via WAPT.com

- Garry J. Wise, Toronto

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Law in the Trenches: Ontario’s Rule 76

A 'Legally Speaking' update from Alvin Starkman M.A., LL.B.

After writing about antiques and multi-million dollar claims in two of the three last installments of Legally Speaking, it’s time to return to the type of lawsuit which most likely applies to our readers’ circumstances … claims involving much more modest sums of money, and how we can proceed without breaking the bank on legal fees, and get them settled within our lifetime.

Back in the 1990’s government legislators began contemplating how to provide access to justice for litigants whose potential lawsuits exceeding small claims court monetary jurisdictions, yet were claims not involving enough money to warrant paying lawyers exorbitant fees and fighting in court for years on end. Hence, provinces developed what became known as the “simplified procedure” whose goal was to promote cost effective litigation and the expeditious resolution of disputes without compromising procedural fairness.

Earlier this year the first reported case in the country which centres upon a claim involving antiques, and was fought pursuant to the rule governing the simplified procedure mechanism, was published in the legal reports. Liu v. Donya Enterprises involved a claim for damage to merchandise in an antique store resulting from water leakage caused by the landlord’s negligence and failure to maintain “quiet enjoyment” for its tenant. The case proceeded using Ontario’s Rule 76, the province’s code for the simplified procedure.

The workings of the procedure vary somewhat from province to province, but the objectives and essential characteristics are the same, countrywide. Since it’s an Ontario case, we’ll outline this province’s procedures. Then we’ll deal with the facts and the outcome of the particular case, and finally conclude with a look to the future.

In Ontario, most claims that involve a plaintiff seeking $50,000 or less must be commenced under the simplified procedure. If the defendant does not object, lawsuits with more than this amount at stake can proceed using the rule. The mechanism does not permit pre-trial out-of-court oral examinations of the parties (known as examinations for discovery) or other witnesses, provides for disclosure of potential trial witnesses very early on in a case, and streamlines other procedures, making advancing a lawsuit easier, much quicker and cost effective. A judge has the power to control a great deal of the process, the result being that it’s more difficult for unsavory litigants and their lawyers to drag out matters and force the other side to incur unnecessary expense.

Our spotlighted case is not at all unique, nor ground-breaking from a legal standpoint. That’s why it’s important. It shows us how we can proceed, obtain fast justice, and in fact win, with a set of facts perhaps familiar to many of us. Only two decades ago such a case would have been extremely expensive to litigate, and taken years to reach a conclusion. I’ve litigated cases using the procedure, and had a judge’s final ruling within a year and a half or so after commencing the court action. So it does work.

Heidi Liu’s antique store, Lotus Lamp Company, had a lease with Donya Enterprises from December 2000 to January 2005. In May, 2004, the landlord contracted to have renovations done to the apartments above the store. In the course of some plumbing work, water leaked down into Ms. Liu’s store, damaging some of her merchandise.

Water damage is perhaps one of the most common scenarios causing problems between landlords and tenants. In this instance the landlord admitted before the trial that it was in fact negligent, and that it breached its implied warranty to provide quiet enjoyment of the premises. Aside from a couple of issues which are irrelevant for our purposes, the battle became one of Ms. Liu proving her monetary losses. She had to convince the judge in the face of cross-examination by the lawyer representing the landlord, and defense witnesses, that specific antiques were damaged as a result of the leakage, and their cost of repair or replacement.

The antiques purportedly ruined consisted of nine carpets and 10 handmade silk paintings (all Tibetan), two cabinets one of which was a red wedding piece, a coral artifact, and a wooden lion dog carving.

The evidence consisted of witnesses who testified on behalf of each side, and exhibits which included some of the actual pieces, photographs of the items claimed to have been damaged, and receipts evidencing their purchase price. The defendant’s position was that not all of the damage was caused by the leakage, the invoices for the purchase of the antiques were suspect, and in any event the damaged pieces could have been repaired.

The judge accepted virtually all of the evidence presented by the lawyer representing Ms. Liu and her company because it was the best evidence available. No expert reports were tendered about how the damage was caused, whether repair as opposed to replacement was a viable option for some of the items, or regarding their cost. In the absence of expert evidence, and without convincing testimony casting doubt on Ms. Liu’s reasonable version of the facts, the judge was compelled to accept the plaintiff’s allegations. Madam Justice Allen repeatedly noted that expert evidence contradicting the claims was lacking. She therefore accepted what the plaintiff’s witnesses said, and the exhibits illustrated.

The case suggests that for a relatively small claim you can keep costs down by submitting convincing oral testimony and exhibits which help you to prove your case, and as long as the other side doesn’t go to the expense of retaining experts, you’ll win without your own experts. The courts are aware that experts are expensive, but will often be critical if you try to refute a reasonable version of the facts without their use to bolster your contention. If there had been credible evidence to refute Ms. Liu’s position, she might have lost, and been ordered to pay the cost of the defendants’ expert reports and testimony.

The use of the simplified procedure worked well, with Ms. Liu prevailing. Her judgment was for $29,459, plus interest, plus legal costs of $15,000 fixed by the judge. Presumably the costs award covered most if not all of her lawyer’s actual fees.

In the foreseeable future the monetary jurisdiction of Rule 76 will probably be increased to $100,000, making justice more accessible to those with higher claims. However, some of the safeguards which until now have kept costs and delays from escalating may be whittled away by the legislators. It’s already happened in some provinces.

- Alvin Starkman, M.A., LL.B, Oaxaca

Alvin Starkman received his Masters in Social Anthropology in 1978. After teaching for a few years he attended Osgoode Hall Law School, thereafter embarking upon a successful career as a litigator until 2004. Alvin, a good-standing member of the Law Society of Upper Canada, now resides with his wife Arlene in Oaxaca, Mexico, where he writes, leads small group tours to the villages, markets, ruins and other sights, is a consultant to documentary film production companies, and operates Casa Machaya Oaxaca Bed & Breakfast. The views expressed are those of the guest blogger, and do not necessarily reflect the views of Wise Law Blog and its authors.

........

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Landslide

I think 2-1 in the electoral college counts as a landslide, don't you?

You may toss laurels my way for predicting this for the past year including the end-of-race tightening of the polls that would mean nothing in the end.

Welcome to the Obama era.

Now we'll see how good a prez he is. I expect paper shredders will be in high demand at the Out-in-the-Bush White House in the next 70 days.

The president-elect's November 4th speech was also interesting.

Barack Obama has made the same speech so often he gave it without teleprompter notes so far as I could tell.

Just off the cuff and thoughtful. An unlikely candidate indeed. Six months ago, TV news nitwits were unable or unwilling to pronounce his name properly and many others were dismissive of him as too presumptious in the face of the presumptive natural order as determined by the powers that be. But this bee - as in dance like a butterfly and sting like one - turned out to be Barack.

On the BBC, one Black American commentator told the story of how Black mothers would tell their children they could grow up to be anything - an astronaut, CEO, movie star. But if the child said he or she wanted to be President, the child would be told to think of something else. Now, this man said with tears welling in his eyes, Black parents could say being President was possible.

Among the most important qualities Sen. Obama brings to the job of President is his ability to inspire trust. The financial and other global crises plaguing the world are the result of selfishness and arrogant actions and leadership. Without trust, there is no credit and without credit no business and without business there is conflict and war.

America is the only leader of the world and this relatively young man is being given one of the most amazing opportunities of any leader in 50 years.

What President Obama brings to his nation and the world will undoubtedly, almost by definition, set a very different direction for the world.

Where he points others will follow.

As a candidate and as president-elect, Obama said again he is not the solution - the solution lies in each and every one of us. Whether or not President Obama will have the right solutions to our global problems is unknown. In asking that each American contribute, however, we can feel confident he has the beginnings of the right answer.

- Barry Brown, Toronto

Barry Brown is a journalist and Pulitzer prize nominee with writing credits for the Washington Times, New York Times, Globe & Mail, among other publications. While he gladly offers unsolicited advice, he is not a lawyer. The views expressed are those of the guest blogger, and do not necessarily reflect the views of Wise Law Blog and its authors.

.......

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"Young, Handsome and Suntanned.”

America may have taken a gigatic racial leap forward this week. The rest of the world, apparently, still has a way to go.

By way of illustration, see this New York Times report on comments by Italian Prime Minister Silvio Berlusconi.

Then there is Austrian television personality Klaus Emmerich, who has ignited a controversy of his own over "racist comments about Barack Obama, the US president-elect."

- Garry J. Wise, Toronto

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The Trudeau Era: The Next Generation Begins

Justin Trudea was sworn in yesterday at Ottawa as the Liberal Party Member of Parliament for Montreal's Papineau riding.

Mr. Trudeau, 37, is the eldest son of Canada's fifteenth Prime Minister, the late Pierre Elliot Trudeau.

I am certain I am not alone in anticipation of a rapid political ascent for Mr. Trudeau.

What remains to be seen is whether he will prove to be Canada's "the next one."

- Garry J. Wise, Toronto

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On Greenwald and Kerr and the Chicanery of the Intellectual Right

Glenn Greenwald has engaged in a timely, online dialogue with Professor Orin Kerr on the Bush administration's dismal human rights record - that is dismal, by U.S. standards, anyways.

Professor Kerr is a contributor at leading conservative U.S. law blog, the Volokh Conspiracy.

In an initial post and update that are well worth reading in entirety, Greenwald states:

George Washington University Law Professor Orin Kerr — a leading apologist for many (though not all) of the lawless and radical Bush policies of the last eight years — last night smugly predicted that Democrats who spent the last eight years opposing executive power expansions and an oversight-free Presidency will now reverse positions, while Republicans who have been vehement advocates of a strong executive and opposed to meaningful Congressional oversight will do the same.

....

... UPDATE" Orin Kerr, who specializes in using professorial and self-consciously cautious language to endorse radical surveillance policies, feigns shock that I characterized his positions the way I did, and asks: "does anyone know what 'lawless and radical' policies I apparently served as an apologist for?" Kerr could start here(endorsing the Protect America Act as "relatively well done" and proclaiming that "the basic structure seems pretty good" -- the same law which Yale Law Professor Jack Balkin denounced as a "cowardly contribution[] to this slow-motion destruction of our constitutional system").

... The fact that someone uses professorial and caveat-filled language when defending indecent policies like these may make them civil, but not decent. Ask John Yoo (I'm not equating Yoo and Kerr)

Kerr responds at Volokh:

... it seems that Greenwald's case really boils down to me weighing civil liberties and public safety interests differently than himself, the ACLU, and Jack Balkin (the sources he uses as reference points in his post). If that's the real argument, then it is certainly true that we have differences. In the case of Al Marri, for example, I do think it's pretty odd to say that the executive has no authority beyond the usual criminal detention powers to detain a non-citizen al Qaeda terrorist who enters the U.S. to execute a terrorist attack. Similarly, in the case of the FISA statutes, I do think that it makes sense to allow intelligence agencies to monitor foreigners located outside the United States with a large-scale FISA order rather than individualized warrants. Certainly there is room for disagreement on these issues: My view reflects my own sense of appropriate responses to the terrorist threat, and different people will disagree on that threat. (emphasis added).

"Different people will disagree?"

Well, fortunately, the American people have now spoken, and it is clear which side they have come down upon.

I don't follow Professor Kerr's work intimately enough to comment on it beyond the posts above.

I largely gave up on religiously reading Volokh some time ago, in view of its bold contentions regarding the supposed absence of legal protection for freedom of expression in Canada - see Canada Restricts Freedom of Speech: Volokh (but I suppose different people will disagree on that issue, too).

(Mr. Greenwald actually shared the Volokh point of view at that time, as I recall it - but at least he is consistent in his relentless advocacy for all constitutional human rights protections, in obvious contrast to his cherry-picking conservative counterparts)

My comments below, thus, are more broadly stated, and not directed specifically at the good Professor Kerr's writings.

I continue to ponder the degree and kind of accountability that must be demanded of the soon-to-be-former Bush administration for its reckless disregard of basic human rights in the guise of the marketing operation formerly known as the War on Terror.

I have great concern that if the new Obama administration pursues such accountability via congressional investigations or criminal law processes, it will tie itself, Congress and the nation in all-too-familiar knots. Beyond that, by doing so it may simply re-energize the partisan warfare that has so embarrassingly eroded the effective working of the federal government since the Clinton impeachment fiasco.

The international standing of the United States, however, will not be restored by an Obama America that turns a blind eye to the Bush administration's legacy of torture, unlawful detention and rendition, domestic and international invasion of privacy and ongoing manipulation of the civil and military judicial systems.

With due respect to Professor Kerr, simply "agreeing to disagree" on the Bush legacy of human rights abuses will not be adequate.

In the absence of an unambiguous and total rejection by American lawmakers and Courts of the outrages that have blackened America's standing among its greatest allies, the world will properly be entitled to assume that not much has really changed, at all.

Professor Kerr intimates that in Obama's America, it will be business as usual, and the changing sides will simply change sides.

It does not appear to me that in reaching this conclusion, Professor Kerr has been watching President-elect Obama closely enough.

I do not anticipate that Mr. Obama will seek to restore America's place as a shining beacon by way of an international charm offensive, alone. America is beginning to wake up to the reality that among his many gifts, their next President has considerable skill in walking the walk.

One of his many challenges, however, will be to establish a process for review of the sins of the past that will not limit the country's ability to move forward toward the promise of a better tomorrow.

I anticipate much in the way of attempted pre-emptive defense by the outgoing President's soon-to-be-unleashed pardon machine. He will resist all subsequent efforts to impose accountability upon his disgraced, departing administration.

I have considerable faith that President-elect Obama thoroughly understands that America's need to make a clean break from the recent past will require more than lip service or yet another whitewashing commission.

America's human rights abuses must be acknowledged. Its perpetrators must be brought to justice.

Human rights and torture are not issues where we can all just agree to disagree - not if America aspires to again be a moral leader of the free world.

The conservative movement has enjoyed much success in denigrating those who care most deeply about human liberty. It has expended much effort to tame the ACLU and civil libertarians, generally, through a relentless, long-term campaign of mockery and ridicule.

The mood of the electorate has changed, however.

"Liberal" is no longer a dirty word in America - particularly among the young.

Conservative intellectuals, and in particular, certain outspoken right-wing U.S. lawyers, might be well advised to engage in their own genuine, self-conscious reflections regarding the views they have urged over the last seven years. Great damage has been done to the country they love in direct reliance on, and with political cover of, their flawed justifications and unbalanced, tenuous reasoning.

At very least, it is high time that they deeply consider their own intellectual and moral, culpability in America's free-fall from international grace.

America has ultimately rejected them and their chicanery.

And for that, God bless America.

........

UPDATE:

An anonymous poster claiming to be Professor Kerr has responded in a comment to this post:

Mr. Wise, If you do get a chance to read my blog posts, I'm confident you'll find that they are nothing like what you are fearing -- and nothing like what Glenn Greenwald is claiming. That's the difficulty with Greenwald's position: He has the wrong guy. Or so it seems to me; I recommend the comment thread at my response to see what readers think.

Orin Kerr

I, too, have responded, as follows:

Professor Kerr:

I appreciate your visit and response. Given your comment that you are the "wrong guy," I am wondering, if you have any thoughts as to who the "right guy" might be?

Perhaps, if you could share those views, there will still be room for hope that you and Mr. Greenwald (and I) can ultimately find some common ground, after all.

Garry J. Wise

Update:

Professor Kerr's colleague at Volokh, Eric Posner, picks up the apologist torch and runs with it. Apparently President Bush was just following President Clinton's lead.

See: Will the Obama administration repudiate Bush-era legal opinions?

- Garry J. Wise, Toronto

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The End of Same-Sex Marriage in California?

Andrew Sullivan comments on the apparent success of California's Proposition 8. See: Stripped Of The Right To Marry.

For more baclground, see our prior post, Inside Proposition 8 - California's Same-Sex Marriage Debate.

- Garry J. Wise, Toronto

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William Ayers Responds

William Ayers has emerged from a self-imposed cone of silence with this Washington Post interview:

CHICAGO, Nov. 4 -- William Ayers, the former Weather Underground leader who became an issue in the 2008 campaign, said Tuesday that he is not close to Sen. Barack Obama and that Obama's opponents had turned him into "a cartoon character."

Ayers, an author and education professor at the University of Illinois at Chicago, said he thought the accusation by Alaska Gov. Sarah Palin that Obama had been "palling around with terrorists" was absurd.

.... "It's all guilt by association. They made me into a cartoon character; they threw me up on stage just to pummel me," Ayers said. "I felt from the beginning that the Obama campaign had to run the campaign and I had to run my life."

... Ayers blames the "liberal media" for failing to dismiss the Republican assaults. He called the media's performance "kind of shameful" and likened the situation to the 2004 episode when Swift Boat Veterans for Truth created a narrative that helped doom the candidacy of Sen. John F. Kerry (D-Mass.).

"The dishonest narrative," Ayers said, "is that guilt by association has some validity."

- Garry J. Wise, Toronto

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Pundits

Ezra Klein recalls the golden age of the American "values voter:"

Ackerman asks, "Remember in 2003 and 2004, when there was all this talk about how the Democrats were in danger of no longer being a national party?" I do remember that. I also remember how Democrats had to get religion if they ever wanted to be competitive again. I also remember how they had to appeal to the white heartland by nominating candidates more culturally recognizable to rural voters. Instead, they went in the opposite direction, running a candidate who was recognizable to the majority coalition Democrats hoped to have in 10 years. It seems to have worked out pretty well. It's almost as if pundits don't really know what they're talking about.

- Garry J. Wise, Toronto

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Video: Barack Obama - The Victory Address

- Garry J. Wise, Toronto

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Barack Obama Wins the U.S. Presidency

Barack Obama is the President-elect of the United States of America.

At 11:00:01, MSNBC made the call.

It is an historic, emotional, defining moment.

America is experiencing a rite of passage.

Savour it.

- Garry J. Wise, Toronto

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Live U.S. Election Results Here

Today in America

The world is watching.

- Garry J. Wise, Toronto

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Springsteen: "I Want My America Back"

More from Cleveland - Bruce Springsteen does "The Rising" for Obama.

- Garry J. Wise, Toronto

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Video: Springsteen 'Working on A Dream' in Cleveland for Obama

- Garry J. Wise, Toronto

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Change With a Capital "O"

Outside America, that is what the world wants....

- Garry J. Wise, Toronto

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McCain and Fey on SNL

NBC.com has Saturday Night Live video of John McCain and Tina Fey (as Sarah Palin) online here:

Truly funny.

- Garry J. Wise, Toronto

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Inside Proposition 8 - California's Same-Sex Marriage Debate

Dubbed Proposition Hate by its progressive opponents, an initiative on Tuesday's California's ballot seeks to roll back a May, 2008 decision of the California Supreme Court overturning the State's ban on same-sex marriage.

The ballot initiative calls for an amendment to the State Constitution to outlaw same-sex marriage and to provide that "only marriage between a man and a woman is valid or recognized in California."

The full text of the proposed law is as follows:

PROPOSITION 8

This initiative measure is submitted to the people in accordance with the provisions of Article II, Section 8, of the California Constitution.

This initiative measure expressly amends the California Constitution by adding a section thereto; therefore, new provisions proposed to be added are printed in italic type to indicate that they are new.

SECTION 1. Title

This measure shall be known and may be cited as the "California Marriage Protection Act."

SECTION 2. Section 7.5 is added to Article I of the California Constitution, to read:

SEC. 7.5. Only marriage between a man and a woman is valid or recognized in California.

Current polls show the initiative is likely heading for a narrow, (but in our view, welcome) defeat.

For some in California, however, the success of this referendum is an imperative of nearly Biblical proportion:

More information is available at No on Prop Hate.

- Garry J. Wise, Toronto

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Video: Obama Congratulates McCain on Cheney Endorsement - "He Earned it"

(h/t - AMERICABlog)

- Garry J. Wise, Toronto

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The YouVote

Digby reports that the much ballyhooed surge in youth voting, long-anticipated as providing a decisive advantage to Barack Obama in this week's Presidential election, has not yet materialized in early voting.

- Garry J. Wise, Toronto

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"This is an Illusion"

This TPM post on comments tonight by Senator John McCain's campaign manager, Rick Davis:

From McCain campaign manager Rick Davis's campaign memo just out this evening, discussing why Obama's decision to run ads in Georgia, Arizona and North Dakota is a sign the McCain camp has him on the ropes ...

Expanding the Field: Obama is running out of states if you follow out a traditional model. Today, he expanded his buy into North Dakota, Georgia and Arizona in an attempt to widen the playing field and find his 270 Electoral Votes. This is a very tall order and trying to expand into new states in the final hours shows he doesn't have the votes to win.

Translation: The fact that Arizona has moved into the toss-up column is a devastating development for Obama.

... reminded me of this guy.

- Garry J. Wise, Toronto

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