Stop reading this for a minute and go read
Bill Ayers' column in today's NY Times
because it reminds us how empty our political campaigns are which, in
turn, explains how the country has been led into the hole into which we
are falling. Because the guy we wanted to have a beer with instead of
the thoughtful, but maybe boring guy who windsurfs, or the other
thoughtful but boring guy who sighs deeply when forced to debate such
an imbecile, turned out to be so grossly incompetent we elected the
more qualified candidate this time, but the campaign was no different
than 2000, 2004 and every other one in recent memory.
As Ayers
writes the "unrepentant domestic terrorist" did not conduct, as would
terrorists, "campaign to kill and injure people indiscriminately,
spreading fear and suffering for political ends" but the Weather
Underground, which he helped to found,, did some stupid, excessive
things to try to end a war which rent our beloved country into so many
pieces that we are still trying to put them back together. Perhaps more
importantly, while Ayers and the President-elect :sat on a board
together ... lived in the same diverse and yet close-knit community
[and]sometimes passed in the bookstore[, they] didn't pal around, and
[Ayers] had nothing to do with his positions. {Ayers] knew him as well
as thousands of others did..."
As he well points out, people who
talk to one another do not automatically take on each others opinions.
It's a good thing: I would hate to have to hold Senator Kennedy
responsible for the views of Senator McConnell and would have to
re-evaluate my views of Senator Kerry, given that he sits in the same
body as does Senator Chambliss, who so disgracefully ran against Max
Cleland six years ago.
As outrageous as it is to draw
conclusions from such flimsy "associations" (Alger Hiss was in the
State Department when President Roosevelt recognized the Soviet
Untion...) others, far more important and significant seem to gather no
attention whatsoever from the same people aghast that the Obama family
voted at the same time as Bill Ayers did (how could he do such a
thing?). The breathless attention paid to such nonsense, or how Senator
Clinton looked while the President-elect announced that he would
nominate her as Secretary of State is even more reprehensible when the
airheads on, say, MSNBC cannot find even a second to advise their
audience that the General they are calling upon to explain military
tactics to us,
has consulting contracts with firms whose business interests seem to coincide with the General's expressed views.
Maybe it's all benign and, as
NBC and
the General
insist, those views are independent of his or his client's interests,
but surely NBC and MSNBC viewers are entitled to some information to
evaluate that issue on their own when he appears. The spectacular work
of Keith Olbermann and Rachel Maddow sometimes obscures what MSNBC is
the rest of the time, beginning with the fluffernutter morning show
(with occasional useful moments), through the rest of a broadcast day
which consists of unbelievably uneducated cutie pies interviewing angry
people about things neither seem to have any expertise beyond what one
could find on a bar stool. (One interviewee I heard when I forgot to
turn the set off after the fluffernutter show ended, was telling the
cutie pie to whom he was talking that Barney Frank "has to shut up"
before I could get to the switch). Beyond the day filled with ennui
that MS and its competitors are, though, is a complete disrespect for
the rules that make journalism valuable and the McCaffrey business,
just like its ancient staging of accidents to jazz up a report, do not
do NBC News or those of us who grew up on it, any service.
The
complete ignorance, and the idea that putting a "former prosecutor" and
a defense attorney (I am not sure what the difference is) on screen at
the same time could enlighten viewers about, say, a criminal justice
issue, caused MSNBC and friends to spend most of yesterday informing us
that, notwithstanding a trial at which 12 jurors had to be in agreement
before finding him guilty, and the disavowals of a judge who heard
every word of the trial and read a probation report about the crime and
the defendant, that the sentence imposed was for the crimes he
committed in Nevada, OJ Simpson finally was going to to prison for
other crimes---two murders---he committed more than a decade ago. Entre
nous, you know, but we who saw none of this trial, and read barely a
word about it, know that whatever the judge said, Simpson really did
nothing that bad this time and the jury and judge were just getting
back at him for the stupid acquittal 13 years ago.
On the other
hand (one which got no particular attention through all of this
yelling), most people might object to being accosted at gun point by
people trying to recover what some football star turned murderer says
is "his stuff" and forced to leave the location while the football
star-murderer and his friends take what they want. I know nothing about
Nevada law, but in the state in which I live, that is called both
robbery and kidnapping. (Any talking head who happens on this blog and
questions what is "really kidnapping" might read, say,
People v. Banks,
42 A.D.3d 574, 840 N.Y.S.2d 137 (2d Dept. 2007) before blabbing on tv
that nobody would call what happened in Nevada a kidnapping).
And
while the judge explained her sentence in detail and more than
justified it based on the crime and Simpson's tearful rendition of his
own version of it (neither under oath or subject to
cross-examination---the same way he beat the criminal murder case, but
was unable to escape civil liability since he had to testify at that
trial), the fools called upon by cable tv to explain it to an already
cynical public insisted at every opportunity---Chris Matthews
included---that what really happened was that the judge wrongly used
this opportunity to make Simpson pay for his murders.
The judge
said she did not take them into account, but, contrary to what you
heard on television, that "association", that the man before her had
been tried and acquitted for the murders but later held civilly liable
for them (not, as some MSNBC panelist insisted, for "negligence") was a
perfectly legitimate factor to be taken into account in determining
how, along the range of authorized sentences for the crimes upon which
Simpson had just been convicted, he should be sentenced. The U.S.
Supreme Court explained all of this about 60 years ago when it said:
A
sentencing judge is not confined to the narrow issue of guilt. His task
within fixed statutory or constitutional limits is to determine the
type and extent of punishment after the issue of guilt has been
determined. Highly relevant -- if not essential -- to his selection of
an appropriate sentence is the possession of the fullest information
possible concerning the defendant's life and characteristics....The
belief no longer prevails that every offense in a like legal category
calls for an identical punishment without regard to the past life and
habits of a particular offender.
Williams v New York, 337 U.S. 241, 69 S. Ct. 1079, 93 L. Ed. 1337 (1949).
One
other "association" bears mention here: That Caroline Kennedy is the
daughter of the President who inspired me into public service should
hardly disqualify her from the United States Senate and the seat held
by her uncle until we was murdered forty years ago. This is the right
time, in the right atmosphere to send her to the Senate with her family
background and their dedication to public service being but one factor,
and her background in the law and public education two other ones. As a
New Yorker I would be so proud to be represented by another Senator
Kennedy that it is hard to imagine anyone else in that position.