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McCain's Face-Plant
On the stump, John McCain often says, "I'd rather lose an election than lose a war." He has said it so many times, and in so many ways, that you can almost hear the note of political fatalism. Like he knew all along that he would lose. And you have to wonder if he almost wanted to lose, to prove to himself that he was the One Honest Man, whose demise in the GOP primary battle will be an affirmation of his virtue. Go down with guns blazing. A suicide mission.
Several months ago, David Yepsen of the Des Moines Register told me that McCain's stump speeches in Iowa had been downers, that the audiences sat in stony silence while McCain talked about the war. When I saw McCain in New Hampshire, he focused in the stump speech on three things: the war (he'll be the last man standing, etc.), immigration (we can't just round up 12 million illegal immigrants and deport them), and global warming (serious problem that we can solve via technology). In every case he was telling Republicans things he believed, but which they might not necessarily want to hear. These were not issues that generated applause lines.
Republican red meat? No, just Castor oil.
For McCain, that's campaigning with integrity. So too was his co-sponsorship with Ted Kennedy of immigration reform, amid howling protests by the GOP base. We now see the results: the most precipitous, avert-your-eyes collapse of a major presidential candidate in memory.
Who has gone from frontrunner to roadkill more dramatically? Muskie, maybe. John Glenn? Help me.
[Howie surveys the reaction to the McCain campaign resignations. Here's John Dickerson: "Those who remain are trying to argue that McCain is showing leadership by holding his top brass accountable, but the episode looks more like the last scene in Hamlet--a stack of bodies piled up just before the curtain."
Hugh Hewitt: "While Senator McCain has long been the darling of the Beltway-Manhattan media elite, he never had a serious shot at the Republican nomination after the McCain-created Gang of 14 interfered with a crucially-important-in-the-eyes-of-Republicans attempt to return the judicial confirmation process to its constitutional roots, and perhaps not after the McCain-Feingold assault on the First Amendment. "]
--
Let's go to the archives, circa February 2000:
"In South Carolina, McCan got only about 26 percent of the Republican vote; in Michigan, he got about 26 percent of the Republican vote; in Virginia, he got about 29 percent of the Republican vote. A gift of the human mind is the ability to discern patterns. Here we discern that there is, and has been for many weeks, a very large constituency of voters that do not particularly like McCain, and that constituency is known as 'the Republicans'." -- [It Looks Like a President Only Smaller, p. 43]
More:
"Some readers may point out that McCain leads Bush in the delegate count. Or they might observe that Bush is a spectacularly uninteresting person who has yet to offer any detail about himself or his beliefs that seems as relevant as the size of his bank account and the number of his endorsements. But here's a more relevant fact: Open primaries that allow Independents and Democrats to vote for Republican candidates are a farce. In Michigan, which Bush 'lost,' he carried the Republican vote 66 percent to 27 percent, according to one exit poll."--[Ibid., p. 41]
[More to come...]
--
McCain, yesterday on the Senate floor (via Federal Document Clearing House):
"...the overall strategy that General Petraeus has put into place, a traditional counterinsurgency tactic that emphasizes protecting the population and which gets our troops off of the bases and into the areas they're trying to protect, that this strategy is the correct one.
"Some of my colleagues argue that we should return troops to the forward operating bases and confine their activities to training and targeted counterterrorism operations.
"That's precisely what we did for three and a half years, and the situation in Iraq got worse. Over three and a half years, we had our troops from operating bases going out, search and destroy as we used to call it during the Vietnam War, and go back to their bases. A failed strategy from the beginning.
"I'm surprised that any of my colleagues would advocate a return to the failed Rumsfeld-Casey strategy. No one can be certain whether this new strategy, which remains in the early stages, can bring about greater stability. We can be sure that should the United States Senate seek to legislate an end to the strategy as it is just beginning, and we will fail for certain."
Joe Biden: "...who is calling for a precipitous withdrawal? If I'm not mistaken, the distinguished chairman of the Armed Services Committee is not voting for a precipitous withdrawal.
"This is what we call, in the law business, which I haven't practiced in 34 years, a red herring.
"The question is: Do we continue to send our kids in the middle of a meat grinder, based on a policy that is fundamentally flawed?"
Meanwhile, here's Joe Scarborough, former war supporter, and John Kerry, this morning on MSNBC:
SCARBOROUGH: I mean, we're asked to wait until September, a couple of more months, and there will be fathers and mothers who will lose their sons and daughters, there will be brothers and sisters who will lose siblings, there will be young children who will never see their fathers and mothers again, and you're exactly right. And my Republican friends get angry when I talk like this, but when I hear Republicans for a year saying, "We've lost this war, we've just got to figure out a political retreat," I mean, it makes me mad as hell. I mean, they know that's going on.
KERRY: You don't sacrifice American soldiers' lives for pride or for politics. And that's the bottom line.
--
How much will the Iraq war cost?
Here's a stab at it, from the CRS. Talk about an accountant's nightmare.
"In presenting the estimates, the CRS said it encountered difficulties in projecting costs because the Defense Department has supplied few specific details on how war funding is being spent and past supplemental funding often was mixed with money from the services' regular budgets.
"...the average cost of a single U.S. soldier in Iraq last year was $390,000, up 22 percent from the $320,000 it cost in 2003."
--
More budget stuff: The White House will crow today about the deficit being only $200 billion. For the long-range problem, see my story Crunched By the Numbers.
Bush Orders Miers to Defy House Committee's Subpoena
For President Bush, one witness under oath was plenty. Former political director Sara Taylor was still hours from her subpoenaed appearance before a congressional panel when the White House canceled Harriet Miers'. The letter to House Judiciary Committee Chairman John Conyers, D-Mich., was the latest shot in a broader battle over the boundaries of Bush's executive power and Congress' duty to conduct oversight. The exchange nudged all sides closer to contempt of Congress citations and perhaps federal court.
Pot Group Sues to Make Feds Eat Words
In the long-running battle over federal drug policies and the issue of whether marijuana has medical value, a California-based advocacy group, Americans for Safe Access, is trying to use a little-known Clinton-era law to make federal agencies take back "misinformation" that the group says costs it time and money to refute. But before the nonprofit can put experts on the witness stand, it must overcome a challenge to its standing to sue. The government's motion to dismiss the case is due to be heard today.
Home Depot Faces Multiple Suits Alleging Health Hazards From Grout Sealer
When James Flynn bought a spray can of grout sealer from his neighborhood Home Depot in July 2005, he could not have imagined that his purchase would land him in the hospital and cost him the use of a lung. But Flynn is now one of more than 160 people across the country who have brought 31 product liability suits against The Home Depot and five companies tied to the manufacture and distribution of Stand 'N Seal Spray-On Grout Sealer, claiming that using the product permanently damaged their health.
How a Lawyer Saved His Sanity, One Meal at a Time
Writer, lawyer and professor Cameron Stracher's career has had its ups and downs. He left big-firm life for an in-house position and then made his way to a media law boutique. Yet he still found himself working 50- to 80-hour weeks. He became an absent father and husband and grew angry and depressed. So Stracher made a decision about his lifestyle -- the one he blames himself for creating as he chased the almighty dollar. Stracher's big life change started with making dinner with his family a priority.
Hurricane-Related Litigation Still Howling in Florida Courts
Litigation related to the 2004 and 2005 hurricanes is still howling in Florida courts. Australia-based QBE Insurance, the state's top condo association insurer, is the target of a maelstrom of suits from condo associations claiming it has stonewalled legitimate claims in order to force lowball settlements. One state senator has called the situation involving QBE "institutionalized bad faith." But QBE attorneys argue that the insurer is a victim of massive fraud instigated by out-of-state adjusters.
General Counsel Keep Close Watch on Associate Pay Hikes
In the wake of hefty associate pay hikes, chief legal officers are watching their bills from outside counsel ever more closely and devising strategies to minimize costs. Some companies are getting creative with alternative fee ideas, while others are taking more work in-house. One GC says he'd rather pay for a "half hour of wisdom from a partner who will just give you the answer rather than a first-year associate who will spend 10 hours on the Internet doing research and then write a lengthy memo."
Do-It-Yourself Forensics
When there's no budget to hire an expert to preserve digital evidence, there are affordable ways to do it yourself. Lawyer and computer forensics special master Craig Ball details DIY methods of preserving data on hard drives using inexpensive and readily available tools.
N.Y. Lawsuit Calls 'Ladies' Night' Discriminatory
Clubs and bars have been luring women to their establishments with lower fees and shorter waits for decades, but a recent lawsuit claims that the practice is unconstitutional. New York attorney Roy Den Hollander has filed a class action against certain Manhattan nightclubs for "invidious discrimination" against men in their policies for admitting patrons. Hollander alleges that the clubs are violating the 14th Amendment's guarantee of equal protection under the law, and he's seeking an injunction.
Fla. Judge Removed From Juvenile Case Over Columbine Remarks
A Florida appeals panel has removed a judge from the juvenile delinquency case of a 14-year-old who was in court for possession of a razor blade on school property, based on the judge's remarks comparing the defendant's dress and appearance to that of the two teenagers who killed fellow students at Colorado's Columbine High School in 1999. The panel majority wrote that the judge's comments "made it reasonable for [the defendant] to fear that he would be more harshly sentenced due to his appearance."
Ten Senior Donovan Hatem Lawyers Defect to LeClair Ryan
Nine partners and one of counsel are leaving Boston's Donovan Hatem to launch a new office, also in Boston, for Virginia-based LeClair Ryan. Kevin Kenneally, who previously chaired Donovan's health care litigation group and insurance and tort litigation practice groups, will lead the new office. The new group will help LeClair clients with construction litigation, professional defense, products liability and financial services matters, said LeClair Chairman Gary D. LeClair.
Court Finds Burglar Must Say So Long to Bling
A convicted Philadelphia burglar who insisted that jewelry he was wearing when arrested was acquired legally isn't entitled to the property, a split en banc Pennsylvania Commonwealth Court panel has ruled. Affirming a Philadelphia Common Pleas judge's ruling, the five-judge majority concluded that forfeiture of the Gucci watch and gold-colored bracelet was proper because the prosecution had established a nexus between the jewelry and the man's criminal activities.
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