That was then, and now the tables have turned. Republicans are now the ones using fear, with John McCain running one of the most racist, inflammatory, fear baiting campaigns I have ever seen, preaching doom and gloom if Obama is elected. It makes me sick. It makes me sick to hear the racist comments pass as 'reason', let alone reason for voting a particular way. It makes me sick to think that this is the state of our political discourse. It makes me sick to think just how effective these fear campaigns can be upon those who are looking for some argument that presents as reason, justifying their narrow mindedness.

This time, its democrats' turn to say 'it won't be like that' to these wild rants. Some may be right, and some may be grossly wrong. I only wish that those republicans I know who said 'it won't be like that' in the last election were willing to say the same thing in this election. Some, unfortunately, have bought into the fear, just as some democrats have in past elections. I only wish that the democrats I know, who adopted the appeals to fear in the last election, were not scratching their head wondering why republicans were saying such bad things about their candidate. It sure would make it easier to expose the lies, racist appeals, and fear mongering, for what it is.

I think of that scene when I hear the republican claims of ‘voter fraud.’ They must think they can keep going to the well, one more time, without people recognizing their election cycle gimmick. In 2000, for example, republicans sought to limit the votes in Florida by having the names of convicted felons removed from the voter registration records. Sounds reasonable, if convicted felons are not entitled to vote in that state, but the problem was that they used the names of convicted felons, and not more specific information about the individual, as the main identifying criteria. Say your name is James Smith, and you have never been convicted of a crime, but another James Smith lives in the same county or in the State and is a convicted felon. Poof, there went your voter registration record. Claims of 'voter fraud' were prevalent, but not substantiated or demonstrated to be nearly the issue republicans made it out to be. They repeated the same claims in the 2004 and 2006 elections, and in 2006, Bradley Schlozman of the Justice Department (before he was fired) pushed a lawsuit on the eve of election (in violation of DOJ policies) alleging abuse in voter registration by ACORN. (Hmm, those US attorneys who were fired, they were the ones who refused to go along with Bush & Co. making 'vote fraud' an issue, weren't they?) So here we are in 2008, with republicans claiming 'vote fraud' and using ACORN voter registrations to argue the point.

The 'vote fraud' claim is bad enough, as it it little more than voter intimidation. Registering fictitious voters (by people paid for the number of people they register) is one issue, but vote fraud is a different issue entirely. Any evidence these people actually vote more than once?

And notice where republicans claim 'vote fraud' occurs? They raise the claim in swing states or swing districts that have the potential to turn the election. You won’t find many republicans crying ‘vote fraud’ and calling for investigations in Nebraska, Wyoming, Kansas, Oklahoma, Montana, or Texas, or ‘stronghold’ states for the republican party. No, the claims of vote fraud will center around swing states or districts, like Florida, Missouri, and Ohio, and in this election, parts of Virginia and North Carolina. McCain was in Florida a few days back saying 'vote fraud' could tip the state in Obama's favor.

With friends the other night, someone noted the polls showing Obama leading the election in several significant ways, and asked, given the last two elections, what would happen if McCain wins? Would democrats claim another stolen election? I noted the discussion with some amusement, noting how claims of 'vote fraud' serve that very purpose for the republican party. By asserting (without support) that there is widespread vote fraud, republicans are calling into question the legitimacy of any election result, while at the same time, using the Justice Department to signal crackdowns on voters. Notice the raid on ACORN offices last week was in Nevada, a swing state this election, and the GOP trots out Freddie Johnson to talk about the 73 voter registration forms he filled out in Ohio?

Message to the republican party: grow up. Your political gimmick of claiming 'vote fraud' may have worked in the past, but it no longer does or should. You have outgrown it, only you are too set in your ways to see how foolish you really are with the gimmick.

But what draws my ire are blogs, like the usually reasonable TalkingPointsMemo. Palin mentions Ayers on FOX? TPM has six different stories on it. Hate being spouted at a McCain rally? TPM says 'here's the video folks!' And when the issue starts to die down, TPM 'recaps' the issue and provides video again, just so thier commentary is 'in context.'

I am sure there is a word or term for this already, but it escapes me. While 'denouncing' the negative actions, TPM becomes an echo chamber of the negative message that McCain is trying desperately to spread. Like Palin, who used the New York Times story about the absence of a meaningful connection between Obama and Ayers as a pretext for raising questions about a nefarious connection, TPM uses the 'recaps' as a pretext for keeping the issue alive. Its not like they are stupid, so I do not think they are rubes who fail to grasp how their efforts spread the message. In fact, I think they spread the message because, in their own way, they want to spread the message. They want to prompt the left to be outraged. They are playing on the same negative emotion that they denounce the McCain campaign for using, whipping up an emotional frenzy to talk about 'how bad McCain and Palin' or their supporters are. Makes me sick.

The economic uncertainty has had a profound effect on my views of the candidates. As George Will noted the other day, in a time of crisis you look for a leader who demonstrates an even-tempered, thoughtful, approach to addressing the problem. Will has concluded that McCain has lost his head, and watching these two candidates in their approach to the 'crisis', I could not agree more. As I told my wife last night, if look at this 'crisis' as the defining issue of this election, I have a deep sense that Obama is the right leader to see this crisis through. It actually has me considering voting for Obama.

But leave it to my friend Ralph Nader to remind me that I am not a single issue voter.

In 1925, in his autobiography "Mein Kampf", Hitler wrote:

All this was inspired by the principle - which is quite true in itself - that in the big lie there is always a certain force of credibility; because the broad masses of a nation are always more easily corrupted in the deeper strata of their emotional nature than consciously or voluntarily; and thus in the primitive simplicity of their minds they more readily fall victims to the big lie than the small lie, since they themselves often tell small lies in little matters but would be ashamed to resort to large-scale falsehoods. It would never come into their heads to fabricate colossal untruths, and they would not believe that others could have the impudence to distort the truth so infamously. Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying. These people know only too well how to use falsehood for the basest purposes. ... (James Murphy translation, page 134):

The Big Lie is a propaganda technique that involves telling a lie so "colossal" that no one would believe anyone "could have the impudence to distort the truth so infamously". Hitler, and later the chief propagandist for the Nazi party Joseph Goebbels, perfected the technique. Even the United States government noted the use of the technique in the Office of Strategic Services (OSS) psychological profile of Hitler:

"His primary rules were: never allow the public to cool off; never admit a fault or wrong; never concede that there may be some good in your enemy; never leave room for alternatives; never accept blame; concentrate on one enemy at a time and blame him for everything that goes wrong; people will believe a big lie sooner than a little one; and if you repeat it frequently enough people will sooner or later believe it."

Call John McCain an expert liar. As Hitler said,

"Even though the facts which prove this to be so may be brought clearly to their minds, they will still doubt and waver and will continue to think that there may be some other explanation. For the grossly impudent lie always leaves traces behind it, even after it has been nailed down, a fact which is known to all expert liars in this world and to all who conspire together in the art of lying. These people know only too well how to use falsehood for the basest purposes."

Yesterday, Barak Obama accepted the democratic party's nomination to become our next president. I watched the speech this morning and it was very moving. I could not help but feel swayed by it, only to temper my enthusiasm with a reminder that as much as Obama is trying to unite this country, as much as we need uniting, the political parties themselves have a vested interest in dividing us. For the first time in many, many years, there is reason to vote for the hope in the democratic party, and not as an alternative to the fear of a worse republican administration.

Perhaps recognizing the impact the speech should have, John McCain announced Alaska governor Sarah Palin as his running mate. On one hand, it was a brilliant move by McCain. As if a switch were flipped, Obama's speech became 'yesterday's news' and the story has quickly shifted to the young, inexperienced, scandal tainted, running mate. If the 'liberal' news can be counted on to fawn over Obama's speech, why all this focus on Sarah Palin?

And Sarah Palin. To be named a running mate when McCain has been saying 'Obama is not ready.' On the day of John McCain's 72nd birthday, maybe this was a ploy to divert coverage from his age- he would be the oldest sitting president if elected- but I can't help but think the choice of a young, inexperienced, executive from a state with one of the lowest populations in the nation, a state that is not forced to deal with the same problems and concerns that most of the rest of the states face, magnifies his age AND her inexperience. While the act of naming a woman on the ticket may have been geared toward drawing disgruntled Hillary Clinton supporters, just how much support do you think you will get when the news outlets start playing Palin's criticisms of Clinton? As even Powerline even noted, this pick stinks of desperation and stifles what has been McCain's chief line of attack.

Brilliant, the pick was not. Sure it may blunt the bounce a candidate can expect post convention, but those bounces are usually short lived. I think this pick will boomerang and mean a lasting bounce for Obama.

If you follow the beautiful game, the world cup had just ended, with my son's favorite team, France, losing in the final to Italy. My son's favorite player, Zinedine Zidane, one of the best players in the world, was red carded for headbutting Marco Materazzi, the Italian bad boy of the game. My son was devastated. The next thing I know this young Italian boy with an angelic face was knocking on the door, asking if Evan could play. Born in Italy, Gregorio lived and breathed Italian soccer like my son lived and breathed French soccer. Of course, Gregorio's favorite player was Marco Materazzi. It took about twenty seconds for them to discuss, then resolve, their love of two mutually despised players, and they have been inseparable ever since. They go to different schools, but ride the same bus. They play on the same soccer team- Gregorio as number 23 for his beloved Materazzi and Evan number 21 for his new favorite, Pirlo. Every waking moment is spent doing something together. Over the last two years, Gregorio and his brother have become members of our family, and my kids have become members of the Mount family. David and Cecilia have become very close friends.

Months ago, they came to us and told us that Cecilia had a chance to teach school near Pisa, her hometown, which would guaranty employment in Italy if they ever moved back. It is only for nine months, and the dream of sharing the country of your birth with your children, letting them experience their heritage, surrounded by family, is a strong pull. David, an architect, would stay here with his work. They debated and debated, and decided that they would do it. Its only for nine months.

This day has been building. There have been many friends stopping by to say a tearful goodbye, even though it is only for a short time. Last night was Gregorio's last practice, and his coach was chiding him: 'We have paid a lot of money to send you out for training with this Italian team, so you better see what you can pick up while you are over there.' Gregorio is beaming. 'We are counting on you to come back and show us what you have learned.' The smile on his face is from deep within his soul.

There will be tears today in our house. Alex woke up this morning and put on a dress to 'look nice' to take them to the airport. She and Gregorio's brother are quite close, and she blushes when anyone suggests that she has a crush on Gregorio. Carlyn will miss her friend and confidant, Cecilia, and the bustle of having four kids playing contently at our house or theirs. And Evan...

To say that Evan and Gregorio are two peas in a pod is an understatement. Gregorio's olive skin and brown hair sets him apart from Evan's light skin and blond hair, but other than that...They are the same size, laugh at the same jokes, and share the same interests. It will be a long, quiet, drive back from the airport. A little sunshine today might shake up the gray mood that will descend upon us all. We will see David on a regular basis. His 'job' while the family is in Italy is to remodel part of the house, and Cecilia said we could not feed him unless he kept the project on schedule. I hope we see him often.

But for now, Ciao Gregorio, Cecilia, and Vitorio. Have a great time in Italy. There is a place in our hearts for you, and when David goes to visit, we just might send Evan along for a visit as well. See you when you get back.

POST SCRIPT: Gregorio got to Italy and was soon signed up to try out for the local soccer teams. David's dad was there, a typical american looking guy, and a local Italian struck up a conversation watching the practice. David explained that his wife and children would be living there, and he soon learned that a buzz had already spread that 'there was this american kid' who was a pretty good player that would be joining the team. The local guy watched a blond kid playing and complimented David on his play. David smiled politely, noting that the blond was not his son. His son was the olive skinned player, speaking perfect Italian, and leading his teammates. Sweet.

With both whales, the baleen was separated from the rest of the carcass and was in a perfect place to touch. It was rubbery. Carlyn kept telling the boys not to touch it, but I kept 'overruling.' 'How many times in your life do you ever get to feel what baleen feels like' I kept asking.
The petroglyphs at wedding rocks are another draw at the cape. I like the orcas myself.
But the real draw is the time with family,
sitting by a campfire,
drinking a glass of wine,
no phone,
no television,
no internet,
no contact with the outside world,
and watching the sun slowly set.

No real time to comment, but consider:

Hamdan was 'given credit for time served.' Sort of. He was captured in Pakistan in 2001. Lets see, its now 2008, so he has spent the last 6 plus years in prison, only to be sentenced to a 5 1/2 year term, but he is 'not eligible for parole' for another five months?

And has he really been sentenced to 51/2 years, when the government still maintains it has the right to detain him indefinitely? Is this sentence just for show?

And how about the 'crimes' he was convicted of? As Balkinization notes, Hamdans actions did not constitute a 'crime' until Congress amended the 'so called patriot act' in 2004. Hmmm. Can you say legal challenge?

Amidst it all, Jack Balkin made an excellent point for those who mistakenly believe that 'things will be different' when a democrat is elected president.

But the larger point is that both major political parties are committed to the build up of surveillance programs and technologies for purposes of security and the delivery of government services. We are going to get some form of National Surveillance State. The only question is what kind of state we will get. As of right now, it looks like we will get one that is far less protective of civil liberties than we could have gotten. Some of the new features of the surveillance bill have sunset provisions, and others may be altered through amendment if and when the Democrats take the White House. Still the fact that Barack Obama ended up supporting this bill is not particularly good news.

The dispute over Harriet Miers' and Joshua Bolton's violation of a subpoena to appear before Congress and answer questions is shaping up to be a case where the doctrine will again be used. You may recall that Congress subpoenaed Miers and Bolton to answer questions about the White House role in dismissing members of the DOJ (US attorneys) in 2006. Bush has claimed that the two aides are shielded from testifying by his edict of executive privilege. In response, Congress sued to enforce the subpoenas. The US District Judge hearing the case has squirmed in his seat, commenting in such a way that leads me to believe that he may take the easy way out and claim the case presents a political question.

Then again, I would not be surprised if this case ends up being decided on the merits. Don't get me wrong, this case screams for an application of the doctrine, and under certain circumstances, I have every reason to believe that it would be invoked, but at the present time, I am not sure that it can be without severely damaging the judicial branch of government, or conservative judicial philosophy. Here's why.

The case is being heard at the very time that the DOJ is under fire for violating the law on its hiring practices. Hiring and firing was based on political reasons. The DOJ. The same DOJ who, in this case, is accused of firing US attorneys for political reasons. The political environment is not favorable for dismissing this claim right now.

Think back to that time in your early education, and recall the 'noble theory' of having three branches of government: Congress makes the laws; the Judiciary interprets the laws; and the Executive Branch enforces the laws. The order of the description may change but what happens when the Executive Branch does not enforce the law, but breaks it instead? That question is what gave rise to the special prosecutor statutes. Here, the stated justification for the subpoena is not to investigate 'law breaking activities', which is one reason I see this as being labeled a political question, but to find out what happened. Regardless, I do not think the Courts would let the Executive Branch off if this is perceived as an investigation into a possible violation of law.

Balancing all of this is the conservative 'battle cry' for strict interpretation of the Constitution. Judge John Bates, who is hearing this case, is a Bush appointee, and while I know nothing of Judge Bates' views on Constitutional interpretation, I am guessing he is on the conservative side. Hmmm, wonder where he will find a legal foundation for the political question doctrine if he uses it, because it sure isn't in the Constitution or in any statute.

All of this suggests a very interesting convergence of ideologies, and a very amusing story to keep an eye on.

Not to make this sound passé, but the sad truth is that this information has been known for some time, as it dates back to 2001. I wrote about it just over 3 years ago.

The Old Testament speaks of a time when justice will roll down like waters, and righteousness like an ever-flowing stream. I look forward to that day.