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Someone Explain Litigation to TexasDarlin

Yesterday, TexasDarlin wondered aloud why Obama and the DNC have attempted to stall discovery in Philip Berg’s ridiculous, nonjusticiable suit claiming that Obama is ineligible for the presidency. Hint to TexasDarlin: that’s what lawyers do. Ratchet up transaction costs to bring things to a favorable end without a big, publicized trial. One could try in vain to read something from standard litigation practice, but all you’re going to get is, “your opponent wants to cost you money,” which is not that remarkable.

Learn to Write Like a PUMA!

Anyone out there still read the PUMA sites? You, too, can learn to write as incomprehensively as them, all in one easy lesson.

TexasDarlin & PUMAs: Still Alive & Lyin’

Back when the Democratic National Convention began, “TexasDarlin” of the newly restyled (and now ghastlier) “tdblog” promised that the site would change drastically depending on the outcome of the DNC. The implicit assertion was that, if Obama was still the nominee after a while, she’d continue lying for Hillary, despite Bill & Hillary’s explicit request that she and all those like her STOP. If, however, she grew satisfied with Obama or saw Hillary take the ticket, she’d lay down her arms.

Well, good news everyone! TD elected for a happy middle. She continued rolling out ridiculous screeds against Obama, but her traffic dropped noticeably. We appreciate her embrace of mediocrity & descent into the same. However, she is still taking crazy rants from make-believe lawyer Judah Benjamin, who continues to insist that Barack Obama is incapable of becoming president on account of his alleged dual citizenship. When this ridiculous argument was first made, I took the time to rebut it; accordingly, for old time’s sake, I feel compelled to do it again.

Two initial points. First, Benjamin has truly gone off the deep end this time, going so far as to engage in a little nostalgia for antebellum racism.  I quote: “By the way, under US Law of another time the Senator would not have been a US Citizen at all, and he knows that.”

That’s right. Dred Scott & slavery. He went there. Yearning for a return to bondage: those PUMAs are a classy bunch.

Second, and perhaps more importantly, even assuming that Obama was constitutionally ineligible for the office of President, it’s not clear who would be able to sue to kick him off the ballot. One thing’s for sure: it sure as hell isn’t a private citizen (you listening, Berg?). Benjamin, here’s a case for you to read, buddy. Call me if you need help with the… you know… law. See, e.g., Hollander v. McCain, 2008 WL 2853250, at *7 (D. N.H. 2008) (holding that plaintiff lacked standing to challenge to Sen. John S. McCain’s eligibility to run for President). The FEC could take up the challenge, but I’ll bet you my cat that they won’t.

Now on to the meat. The only new information Benjamin provides us with is this: at birth, Obama admits that he was a dual citizen, ergo he has a “split allegiance at birth,” rendering him, in Benjamin’s mind, constitutionally ineligible. Of course, this information is only disqualifying if Obama’s split allegiance at birth means that he wasn’t a “natural born Citizen.” But – as I have pointed out – Benjamin can cite neither case law nor persuasive secondary authority for that crucial proposition. So all he can do is dredge up new, irrelevant facts to support an incorrect assertion of law.

Wow. That was easier than I thought.

With apologies to XKCD.

David Plouffe Let Us Down; But We Picked Up the Slack

Sarah Palin was a risky and “unexpected” choice, but to informed observers (that’s you commenters, not me) it was always within the realm of possibility. Yet, when McCain tapped Palin today, Obama’s campaign had no attack ads prepared, and MoveOn just managed to release an anti-Palin e-mail late in the afternoon. Obama’s massive war chest means he should have been prepared for all outcomes. Especially this one.

In his stead, we have a modest submission of our own.

No copyright laws were harmed in the making of this film (totally fair use). Thanks to Andrea (beloved girlfriend) for lending her voice to the video, and her creativity to the drafting process.

If you also approve this message, please spread the word. Obama should’ve been ready for the counteroffensive. Palin, as a newcomer, is vulnerable to hostile definition in her first 24 hours. As far as I can tell, we JUST made it.

Morning in Pu-merica?

At “Yes to Democracy,” I reported on Bill Clinton’s ringing endorsement of Barack Obama. Patrick, fellow writer for YtD, follows up with tales of PUMAs, in the wake of Bill’s speech, questioning their allegiance to the idea, if not the person, of Hillary. PUMA-ism is failing; Bill Clinton tossed the Ring into the fire.

It’s a Beautiful Day – Don’t Let it Get Away

Bill Clinton’s message to America, putting a complete end to fears that he would stand in the way of, or not wholly support, Barack Obama. Immediate media spin – Clinton united the party. Good. The comparison he evoked between himself, who the Republicans called inexperienced and unqualified in 1992, and the spin around Barack Obama, is a strong, forceful message for us to carry forward.

Other talking point successes:

• On poverty, war, and families separated by ridiculous numbers of redeployments: “Are these the family values the Republicans are so proud of? America can do better than that, and Barack Obama WILL do better than that.”
• Barack Obama’s experience: “the long, hard primary toughened and strengthened him, and in his first presidential decision, the selection of a running mate, he hit it out of the park.”
• America should lead by “the power of our example, than by the example of our power”: a ringing refutation of everything the Bush legacy stands for.

Clinton needs to go out and campaign for Obama. And he will. Citing Biden as proof not only that Obama has a good man behind him, but also as proof of Obama’s ability to make a good decision, was a nice touch. And CNN’s headline – “Bill Clinton rips GOP, backs Obama” – will ring for days. The only fear we should have, now, is that Clinton may overshadow Obama.

Internet Extremism: PUMAs & Censorship

Learn, or die.

Though mostly for porn, social scientists agree that the internet can, in select situations, bring together intelligent people for strong and meaningful political discussions.

I know, right? Shocking.

Mainstream, commercialized media, as I’ve argued before, threatens the utter subversion of the marketplace of ideas. If networks are rewarded for pandering to a demographic (*coughcough* Faux News), the exchange of political ideas is utterly halted. And while the internet can solve that problem, it can also make it worse, by allowing extremists to unite, insulate themselves from normalcy, and work themselves up to even greater heights of craziness. When important web venues for politics censor, that’s what happens. Another avenue for debate is closed off, and the public pays the price.

Let me say what I mean, and mean what I say: if you’ve a semi-prominent internet destination, where politics is discussed, it’s your civic duty not to censor comments based on their political content. If you’re not part of the solution, you’re part of the precipitate problem.

Guess on which side “riverdaughter,” standard bearer for PUMA-ism, falls?

The [site] rule (if there is one) is pretty simple. If it makes us (or our friends) uncomfortable or unhappy we delete it. Obama supporters: We’re not here to “Inform” you. Or “Help you understand.” We might keep your comment if it’s amusing or if we want to play with you for a while. But, if you bore us? You’re gone. Without a trace. And we won’t apologize.

This borders on the criminal. When an important site (alright, I concede it), representing a section of the electorate, acts to insulate their represented voter group from facts, they do them a disservice and commit the ultimate act of pandering, by assuming their audience incapable of defending their ideology. They detract from the vitality of American political debate.

Screening “uncomfortable” political information was the cardinal sin of the Bush years – ignoring global warming, not disbursing condoms to disease-stricken populations – and for riverdaughter to institutionalize, defend, and brag about this ignorant practice suggests to me that we as a nation have, in fact, learned nothing. Riverdaughter may not be a Republican – but she’s sure acting like one.

PUMAs – All Three of Them – Being Seduced by Republicans

MissLaura of “Daily Kos” brings a tragic tale: Republican operatives are offering free drinks to PUMAs considering McCain, in an attempt to win the votes of… three women. Fail. Why are these people getting media coverage again? On a related note, some PUMA sites (albeit not popular ones) are run by Republicans.

Debra Bartsoshevich: Martyr for Hillary?

No. John McCain’s latest ad, seeking to paint himself as (oddly) the heir apparent to Hillary’s legacy, is just another pack of lies. Debra has always been a Republican and a McCain supporter. Just ask Hillary Clinton: “Now, I understand that the McCain campaign is running ads trying to divide us, and let me state what I think of those ads: I’m Hillary Clinton, and I do not approve that message.” PUMA-ism: strategically ignoring our alleged fearless leader.

McCain’s Overtures to Hillary Democrats/PUMAs, and the Curious Case of the Dog Barking in the Night

It’s an unwritten rule of political campaigns that, if you attack your opponent, you should attempt to make yourself somehow appealing to the voters you intend to pry away from the other guy. Otherwise, you just look like a bully. Apparently, McCain hasn’t gotten the memo.

Why vote for John McCain? Turns out, his campaign couldn’t tell you: rather, they’re pinning their hopes on the theory that their candidate’s unpopular ideas and failed policies needn’t be in issue, if they just play dirty enough. McCain’s hyper-negative attack strategy seemingly reached its apotheosis when, yesterday, it started to campaign for Hillary Clinton:

But, as any Rove-worshipper like McCain will tell you, when you’ve hit bottom, don’t stop digging! Just so, today the message slippage continued apace, as McCain sought to portray himself as the heir apparent to Hillary Clinton’s legacy, with the help of deluded ex-Democrat Debra Bartsoshevich:

John McCain is no friend of women, and no maverick: whatever cred he had by backing Roe, opposing radicalized Christianity, and otherwise championing a middle road is gone. If you still think McCain is a moderate, straight-talking politician, you’re not paying attention.  He’s flip-flopped on every important issue away from the liberal/moderate position. He’s even flip-flopped on Hillary Clinton. Just a year ago, he had no problem letting his supporters call her a bitch.

Oops. I guess, now that he wants her voters, she’s not so bad, huh. Talk about principles. Did you miss that clip, Debra?

Special extended edition post! PUMA-watchers will want to click: Continue reading »