Politics

After a year of careful analysis of Judge Jones’ decision in Kitzmiller v. Dover Area School District, the Discovery Institute has determined that the Judge made considerable use of the plaintiff’s Proposed Findings of Fact and Conclusions of Law when writing the section on intelligent design as science in his decision for the plaintiff. Somehow, they think that this common practice of using the Proposed Findings of Fact from the winning side in crafting a decision makes Judge Jones a puppet of the ACLU, even though he’s a conservative justice appointed by George W. Bush. The Discovery Institute has issued a press release touting their findings as though it discredits the decision’s reasoning. This press release demonstrates that they are still smarting over the loss in Dover, still spending their time doing things that have nothing to do with scientific research, and that they have as much credibility on legal matters as they do on scientific matters. More by attorney Timothy Sandefur at the Panda’s Thumb. This press release by the DI was telegraphed by a talk given by Michael Behe earlier this month in Kansas. UPDATE (December 13, 2006): Ed Brayton analyzes the DI report in more detail, including responding to its claims that Judge Jones incorporated “errors” from the ACLU into the decision. UPDATE (December 14, 2006): More responses: Timothy Sandefur, “Is John West Dishonest or Just Ignorant?" and “Casey Luskin–Not Too Bright” at the Panda’s Thumb. UPDATE (December 20, 2006): Wesley Elsberry has looked at how much of the plaintiff’s Proposed Findings of Fact and Conclusions of Law was actually used in Jones’ decision (and how much of that section of the decision came directly from the plaintiff’s filing). Ed Brayton summarizes at Dispatches from the Culture Wars. Casey Luskin has attempted to respond with a defense, but as Ed Brayton shows, he just keeps digging a deeper hole.

A school in Virginia was threatened with a lawsuit by the Christian legal group Liberty Counsel if they didn’t permit a Baptist church to send home flyers with students. The school permitted this to happen, and in order to comply with the First Amendment, they permitted other religious groups to do the same. Now that a local Unitarian Church has sent home a flyer advertising a look at the history of December traditions (apparently including the contributions of Christianity, Judaism, and pagan religions) and “a Pagan ritual to celebrate Yule,” there is outrage. It’s hypocrisy to suggest that gays who seek to be able to marry and not to be fired because of their sexual orientation are demanding “special rights,” while actually demanding that one religion be given special privileges that others must be denied. That hypocrisy is on display at the WorldNetDaily. There are two reasonable, constitutional policies for the school–permit all religious groups to submit flyers for distribution, or not permit any of them to do so. (In my opinion, schools shouldn’t be sending home anything with students that isn’t from the school itself.) More at Dispatches from the Culture Wars.

(Via Bitchasaurus.)

The Republicans dumped the job of straightening out the government’s remaining spending bills for 2006 on the Democrats, who have responded by declaring that they will remove all of the earmarks from them: "‘There will be no congressional earmarks,’ Rep. David Obey, D-Wis., and Sen. Robert Byrd, D-W.Va., said Monday in a statement announcing their plans, which were quickly endorsed by incoming Speaker Nancy Pelosi, D-Calif., and soon-to-be Senate Majority Leader Harry Reid, D-Nev."Looks like the Democrats are, for the moment, going to be more fiscally responsible than the Republicans. Not hard, given how the Republicans have spent money while they’ve been in power, but this is great news.

A former House page who was sent an instant message by Mark Foley asking him his penis size forwarded it to Arizona Rep. Jim Kolbe back in 2001. When the scandal broke, that former page called Kolbe and asked him what he should do. He says Kolbe told him that “it is best that you don’t even bring this up with anybody…. There is no good that can come from it if you actually talk about this. The man has resigned anyway." The House ethics committee found out about it anyway, prompting Kolbe to call the former page and leave a message saying, “it looks like you did some talking." More detail and excerpts from the House ethics committee report at TPM Muckraker. UPDATE (December 9, 2006): Here’s Kolbe’s response.

The “Campaign to Defend the Constitution,” or “DefCon,” describes itself as “an online grassroots movement combating the growing power of the religious right. We will fight for the separation of church and state, individual freedom, scientific progress, pluralism, and tolerance while respecting people of faith and their right to express their beliefs." They just sent out a mailing calling for people to ask Wal-Mart to stop selling the game “Left Behind: Eternal Forces." What Wal-Mart sells in its stores is irrelevant to defending the U.S. Constitution. The fact is, this is a crappy game that won’t sell well, despite some initial media attention due to its absurd premise. As GameSpot reviewer Brett Todd observes (in a review that rates the game 3.4–bad–on a scale of 10), “Don’t mock Left Behind: Eternal Forces because it’s a Christian game. Mock it because it’s a very bad game." Let the market handle this one, DefCon, and stick to issues that actually have relevance to your mission. Giving it more attention and treating it as a threat is likely only to sell more copies. UPDATE (December 13, 2006): DefCon’s campaign has successfully created more media coverage for this game. UPDATE (March 21, 2007): Looks like the market has spoken. Left Behind Games’ stock peaked at $7.44 in November and closed today at $0.31 (up from $0.18 yesterday). Their financial auditors’ 2006 report questioned their “ability to continue as a going concern." UPDATE (October 9, 2007): Left Behind Games is now sending out cease and desist letters to bloggers who have given the game negative reviews. (And their stock closed today at $0.11.) ...

Mike Newdow, the atheist doctor/lawyer who has been working a new case regarding the Pledge of Allegiance up to the Supreme Court since the Court sidestepped the key issue in the case last time around, has put together a song and video about the presidential oath of office and “so help me God” being appended to the end of it. He’s also recently had an article printed at WorldNetDaily responding to former Alabama Supreme Court Justice Roy Moore about whether “In God We Trust” on money violates the First Amendment (hat tip to Ed Brayton). Here’s the video:

Declan McCullagh reports on the FBI using remote activation of cell phone microphones to eavesdrop on nearby conversations. He comments on a few models that are particularly vulnerable to exploitation: Nextel and Samsung handsets and the Motorola Razr are especially vulnerable to software downloads that activate their microphones, said James Atkinson, a counter-surveillance consultant who has worked closely with government agencies. “They can be remotely accessed and made to transmit room audio all the time,” he said. “You can do that without having physical access to the phone."Nextel says that they didn’t participate in the eavesdropping on a couple of mobsters who were allegedly listened in on using this technique–both using Nextel cell phones. The same story reports that a 2003 lawsuit revealed similar monitoring of conversations occurring in cars featuring OnStar. UPDATE (December 5, 2006): Bruce Schneier has commented on this story, and his readers have some interesting comments.

In five parts: Part 1 Part 2 Part 3 Part 4 Part 5 Also see these resources and Matt Taibbi on 9/11 conspiracy theorists. qwertyxyz (2007-01-15): The guys from popular mechanics kicked their asses! If i was one of the guys from loose change i would be ashamed of myself from that ass kicking. Their only defense was by cutting into what the popular mechanics guys where saying with stupid "oh yeahs" and shit like that. They are a couple of guys from who the hell knows where vs some of the smartest people in America. 8====D----- All over loose change! ...

The website KearnyontheWeb.com is an online forum for people in Kearny, New Jersey, where U.S. History teacher and Baptist youth pastor David Paszkiewicz has used his Kearny High School classroom (apparently for years) to evangelize students with his own brand of Christianity and conservative politics. I’ve already commented on how some Kearny High School students have made a poor case defending Paszkiewicz, now I’m afraid the adults of Kearny are no better. The adults posting at KearnyontheWeb.com are noteworthy (just like the students) for a complete failure to address the issues raised by Paszkiewicz’s actions–they ignore the content of what he’s been teaching, they ignore the fact that he lied about what he had done until confronted with the recordings, and they ignore the Establishment Clause of the U.S. Constitution. Instead, they accuse Matthew LaClair of having set the teacher up, invent new “crimes” like “premeditated entrapment” that they accuse LaClair of having committed by recording the class, and say that he should have been suspended, expelled, or jailed for creating this issue and “embarrassing the town.” They say that LaClair, by protesting the Bush administration by refusing to stand for the Pledge of Allegiance, “practically spits on our ‘Pledge of Allegiance’” and “is free to leave this country if he does not agree with what we stand for!” They claim that Paszkiewicz is “the best teacher to hit town in years” and “A PROUD AMERICAN [who] IS 100% RIGHT!" I’ve posted there to point out the issues they aren’t addressing, to which the only response has not been any attempt to address those issues but to claim that there is no evidence that Paszkiewicz lied and to express doubt that I’ve actually listened to any of the recordings. (You can find a cleaned-up version of the first online recording here, some more recordings here, and a partial transcripts here and here and here. The November 22 issue of the Kearny Observer will include numerous transcripts from Paszkiewicz’s classes based on LaClair’s recordings. Also note that Kearny Observer editor Kevin Canessa has an online poll up on his blog about whether you support Paszkiewicz, LaClair, or neither. At the moment the results are 7 supporting Paszkiewicz, 8 supporting LaClair, 0 don’t care and 0 don’t know enough about the situation.) ...