Virginia is for lovers irresponsible government

Virginia is supposed to be a bastion of limited government. We like gun rights, fiscal responsibility, freedom from government intrusion and all the other classic hallmarks. Unfortunately, the way we paint ourselves and the way we behave reveal a disingenuous streak. Whether it’s trying to impose pass a majoritarian ban on individual marriage rights or a bigoted dictate that only married women may conceive through medical intervention, we’re more interested in a limited social environment than we are a limited legal environment.

When I was a kid, a study came out indicating that the Richmond business community was twenty years behind the times … and proud of it. That sums up the state more than any rhetoric we may offer. So it’s unsurprising that this is the proposed solution for Virginia’s transportation problems:

Some Republican leaders in the Virginia Senate will propose as early as Friday a series of tax and fee increases that could grow to about $1 billion a year for road and transit projects, once again setting the stage for a bitter clash over taxes with the House of Delegates.

Based on tax increases pushed through in the last budget by former Gov. Mark Warner (Democrat) and the General Assembly (Republican), Virginia now has a surplus of more than $1 billion. There’s a lesson there and I don’t like it.

Facts matter. Providing them matters more.

I promise this will be the last sports-related post today, but I want to comment on this column by Michael Wilbon in today’s Washington Post. Mr. Wilbon is one of two sports columnists I look forward to reading when any significant topic (to me) occurs in the sports world. I can always count on Mr. Wilbon to offer an insightful, well-written editorial. Reading today’s column on Redskins safety Sean Taylor spitting in the face of Michael Pittman, I figured I’d get the same, since a $17,000 fine is ridiculously low. The column started out well, comparing Taylor’s fine with the $20,000 fine running back Clinton Portis received for wearing non-regulation socks. So far, so good. It’s when Mr. Wilbon got to the example of Marcus Vick as further proof. I agree that Vick is a useful comparison, but there are two serious issues I have with how far Mr. Wilbon takes the argument. Both exist in this paragraph. Consider:

So you’ll pardon me if I’m not going to give school and athletic department officials a standing ovation for throwing his butt out of school . . . eventually. He should have been thrown out months earlier. And university officials, if they have the guts, ought to be taking a serious look at the entire football program because there’s way too much trouble involving the football players on that campus.

As for Virginia Tech “throwing his butt out of school,” this is the second time Mr. Wilbon mentioned this. Unfortunately, it’s not true. Virginia Tech dismissed Marcus Vick from the football team, not from Virginia Tech. Vick did nothing to help himself in the last week, but there’s a difference. But that’s more a trivial complaint than anything.

More disturbing is the last part of that paragraph. With the phrase “way too much trouble involving the football players on that campus,” Mr. Wilbon presents the Virginia Tech football team as a troubled program, one that coddles thugs and criminals while putting only money as a priority. Maybe that’s true; I’ve heard such statements in abundance over the last week, so I’m not surprised. I expect proof with a statement like that, though. Simply stating something does not make it true.

Without facts, it diminishes our reputation with people who are paying only marginal attention to our program. It implies that we care only about athletics and victories, with academics of little consequence. If that’s true, Mr. Wilbon should provide support for statements like that. If it’s not, he should understand that making such throwaway lines for hyperbole hurts Virginia Tech unfairly with potential students, as well as athletic recruits, because his words have influence. Whichever impression the facts support, I can accept it. I can’t accept that Marcus Vick alone is an indictment of the entire program, not without more proof.

The referee weighs in on Vick

Steve Usecheck, the referee from Monday’s Gator Bowl, responded to the Marcus Vick incident:

“We missed that, and I’m sorry we did,” [Big 12 Conference official] Usecheck told the Newport News Daily Press from his Colorado home. “The TV, everybody saw it but us. I wish we had the opportunity to talk to (Vick) because that was complete (expletive). You bet I would have thrown his ass out.”

Usecheck said he has not seen a replay of the Vick incident but that purposely stomping a defenseless opponent warrants ejection. …

“I was really disappointed,” Usecheck said. “We don’t see football like that (in the Big 12). Those kids were just completely out of control. Louisville wasn’t as bad. Virginia Tech was brutal.”

I have two words for Mr. Usecheck: shut up. He didn’t see the play when it happened. He hasn’t seen it on replay. Those of us who saw it know what the proper action should’ve been. There’s nothing more gained from Mr. Usecheck’s input.

Specifically, those quotes confirm exactly what I screamed at my television on Monday. The officials missed most of the game. They didn’t see Vick’s deplorable step. They didn’t see other penalties, on both teams, that should’ve been obvious. They saw penalties, again, on both teams, that simply never happened. Mr. Usecheck also seemed to take glee in calling penalties on Virginia Tech. It was a pathetic job from kickoff until the final ticks.

Mr. Usecheck shouldn’t perpetuate that by babbling about something he can’t be bothered to see at least once.

What to do when excuses run out

Watching Monday’s Annual Virginia Tech Invitational Gator Bowl, Marcus Vick’s disgusting behavior, intentionally stepping on Elvis Dumervil’s knee after a play ended, angered me. At Virginia Tech, we do not condone or engage such thuggery. I expect our Athletics Director, Jim Weaver, to deal with this harshly. Giving the finger to WVU fans earlier in the season was inappropriate, but mostly funny. For this, Vick should be suspended.

I assume Mr. Weaver will suspect Vick for the first game of next year’s season, but I’d be just as content if he suspended Vick for next season. Given that Vick only has one more year of eligibility, that would mean he’d have to declare for the NFL draft in April. Let’s see how well that kind of nonsense is rewarded, especially after including Vick’s prior off-field incidents and his poor play in the two big games he played as a starter this season. I’ve defended him through everything, and even believed he’d matured because he spent last season with his brother in Atlanta. I’ll never abandon a Hokie for poor play, but this is unacceptable and pisses me off. Ass.

I want my police state onscreen only

Here’s an interesting story on a trade group’s efforts to improve the movie-going experience:

The National Association of Theater Owners, the primary trade group for exhibitors, is pushing to improve the theatrical experience by addressing complaints about on-screen advertisements, cellphones in theaters and other disruptions, while planning a public relations campaign to promote going out to the movies.

Some of the proposed solutions may not be so popular. The trade group plans to petition the Federal Communications Commission to permit the blocking of cellphones inside theaters, Mr. Fithian said. That would require changing an existing regulation, he added. But some theaters are already testing a no-cellphones policy, asking patrons to check their phones at the theater door.

A spokesman for a cellphone lobby said the group would object to any regulatory change. “We’re opposed to the use of any blocking technology, because it interferes with people’s ability to use a wireless device in an emergency situation,” said Joseph Farren, a spokesman for CTIA-the Wireless Association, based in Washington.

Hypothetical situation: Movie theaters entice couples back to the movies with a “no babies” policy. Their marketing works! But to accommodate this newly rediscovered date night at the movies idea, the couple needs to hire a babysitter to watch their kids. Everything so far falls into a normal scenario. Now twist this to include the “ticking time bomb” (aka highly improbable, particularly distressing) scenario. The babysitter needs to reach the couple because their child is having a medical emergency. They can’t receive the call because the cell phone signal is blocked. This is wise?

I can understand a desire to make the movie-going experience more pleasant, but are cell phones that troublesome? Only once have I been watching a movie in a theater when a rude person interrupted the film with a ringing cell phone not set to vibrate. The individual answered the call and conversed for several minutes, to much vocal complaint from other members of the audience. I’d have no problem with a business policy of removing guests from the theater who engage in such unacceptable behavior, as the theater should’ve done with that gentleman. But that occurred more than six years ago. Perhaps people are still too stupid to put their phones on vibrate or turn them off. My recent experience suggests not.

But for a moment, I’ll assume it’s more frequent, since I don’t see that many movies in the theater now. (An indictment against movie quality, not movie-going experience, by the way.) What’s wrong with a “no audible ringtone” policy? I’d accept a “no cell phone” policy, too, but I’d accept it by hiding my phone or not bothering to go to the movies. It’s never been a problem, but I’ve been to concerts where patrons had to check camera phones at the door, verified by metal detectors. I hated it then, and I refuse to attend such concerts in the future. I won’t trust a business which doesn’t trust me. But that involves private transactions. Blocking cell phone signals is so far beyond that standard, I’m stunned anyone has the gumption to request such nonsense. Clearly the FCC should reject this. Otherwise, the trade group might as well lobby Congress for a tax on Netflix to stop the devastating impact of DVD rentals.

(Hat tip)

Ban newspapers because they induce paper cuts

The Washington Post presented an editorial today supporting the looming smoking bans in Washington, D.C. and Maryland. The logic is flawed beyond the most basic “we’re ignoring private property rights because it’s inconvenient,” moving quickly to “Huh?” status. Consider this bit of logic concerning economic hardship exemptions:

Howard County, which also is considering a new smoking law, has a somewhat different hardship situation. To comply with a 1996 law, many restaurants and bars established — at considerable cost — separate, ventilated areas for smokers. Such areas have been found ineffective in fully protecting people from unhealthy air, but those restaurant and bar owners deserve consideration for installing the equipment as called for then. At last count, a majority of the County Council favored exempting these establishments from the proposed new ban. That’s too generous and unhealthy. County Executive James N. Robey (D) proposes giving them until 2008 to comply, which would be more than fair.

Before moving on, I’d like to commend the Post’s editorial staff for approving of restaurant and bar owners who installed the equipment. Since they did it out of general kindness and customer demand, it’s amazing … Wait, oh, yeah. They installed the equipment because it was required by a law. A law whose solution proved to be useless, but costly. Government is a force for good. Especially when unhealthy air on private property is involved. Continuing:

As more and more reports are showing, smoking bans generally have had no significant effect on revenue and employment. Also, as more and more contiguous areas enact bans, the less likely their establishments will be to lose customers. As reported by The Post’s Matthew Mosk and John Wagner, at least seven states, including California, New York and Delaware, as well as 180 localities, require smoke-free bars and restaurants. These areas have recognized that just as eateries are required to serve safe food, they should be required to provide safe air. In this region, it’s time to stop the stalling.

I’ll accept that smoking bans generally have had no significant effect on revenue and employment, but only because it’s generally convenient to moving my counter-analysis along. The larger point offered is that dwindling smoking-friendly areas in public means that businesses will still generate revenues because people have to go somewhere. Except, what if they don’t? The logic implies that people shouldn’t have the choice to smoke in public and they shouldn’t have the choice to stay home and smoke rather than go out to not smoke. What’s next, a law requiring people to frequent affected establishments? Of course not, because that would be crazy. Better to come up with a fix for the resulting economic hardship of a government-imposed cost of doing business. Before the bans, the owners didn’t mind. The customers didn’t mind. So who minds? I’ve already said I mind, but I choose not to patronize business that permit smoking, among other reasons. So what if, just maybe, personal choice matters?

Which leads to the safe food versus safe air comparison. Umm, I don’t have a way of knowing if a restaurant produces my dinner safely. I don’t know if they have E. coli swimming around on every surface in the kitchen. I can’t reasonably impose that standard before I eat the meal. After I eat, it might be too late. Somehow, some form of safe food standard seems workable. How is any of that the case with air quality? I can see cigarette smoke in the air. I can smell cigarette smoke from a surprising distance. I have a distinct, easily-measurable choice before I enter any transaction with a restaurant or bar included in the ban. I’m free to decide whether or not to continue my relationship with them. I’m also capable of doing so.

Stop treating me like a child.

Tortured logic on torture

The McCain amendment (re)codifying prohibitions against torture of prisoners appears close to passage. There are a few last-minute snags, mostly surrounding the Bush Administration’s desire to avoid further criminal liability for anyone who may have tortured prisoners in the last few years. Sen. McCain is correct in refusing to compromise until the White House agrees to the legislation without changes.

Using a bit of choice wording and faulty logic, the editors of the Wall Street Journal further pushed their counter-argument yesterday, determined to see the torture option remain available to any and all U.S. personnel fighting the war against terror. Consider:

Part of the problem with interpreting those words is that they depend on the context. All things being equal, we can’t think of a worse human rights abuse than blowing someone to bits with a Hellfire missile. Yet no one objected when that happened to al Qaeda leader Hamza Rabia in Pakistan two weeks ago. If certain individuals can be ethically targeted for death in a war, then wouldn’t the same hold true for rough interrogation methods? A strange code of morality would allow the killing of Rabia but not his stressful questioning to prevent further murders he might plan against innocent civilians.

Some of the more sophisticated critics recognize this, as well as the possibility of “ticking bomb” scenarios. That includes Senator McCain, who has written in Newsweek that on occasion “an interrogator might well try extreme measures.” But he opposes writing any guidance into law or regulation–the way the Bush Administration has done–suggesting instead that the interrogator should go ahead and do what he thinks is needed and then depend on “authorities and the public” to “take [context] into account when judging his actions.”

I don’t see the direct connection between ethically targeting an individual for death during war and torturing him in captivity. If the individual, in this case Rabia, is free, he’s a danger. The proper intention against an enemy is to stop him from being a threat. Death certainly does that. But if he’s captured, is he a threat any longer? The basic answer is no, although the more complicated answer is presumably yes because he possesses information. Of course, if a target possesses such high value information that torturing him is allegedly justified, targeting him for death seems counter-productive to the larger goal of winning the war. Hellfire missiles and waterboarding aren’t interchangeable in this debate.

That, of course, leads back to the original argument. What is justified? Although specific definitions already exist, and the Bush Administration generated memos designed to pigeon-hole war on terror captives into a small box invented to avoid existing laws and treaties, the editors pretend that torture opponents should justify why current United States policy should be reversed revert back to pre-Bush Administration standards. The argument relies on obfuscation to distract weaker opponents. It’s a fine strategy if they can pull it off. They don’t.

And don’t forget “rendition”–the turning over of captured terrorists–to the likes of Egypt or Syria, the practice favored by the Clinton Administration because it lacked the nerve to handle captured terrorists outside the criminal justice system. We trust the CIA more than Egyptian intelligence, but where are the “torture” critics on the morality of this practice? The truth is that if the McCain Amendment passes, rendition will almost certainly increase. Perhaps this will be the next liberal target, until every al Qaeda detainee is treated no differently than a common thief.

We realize that our views on this subject won’t carry the day, at least not until the U.S. suffers a more serious attack. The Bush Administration is already backing down from Mr. Cheney’s earlier position, holding out in this week’s negotiations on the McCain Amendment only for immunity for the past actions of U.S. interrogators. We still wish the President would take his case to the public, and perhaps even request hearings next year on Capitol Hill, because Americans are more sophisticated about the reality of what it takes to break these terrorists than are most journalists.

But at least the Administration has been willing to admit that protecting Americans takes more than denouncing “torture” at the top of one’s lungs. Once the McCain Amendment becomes law, perhaps the torture moralists will continue their creeping honesty and let us know what U.S. interrogators can do to break the next Khalid Sheikh Mohammed.

Of particular offense in that passage is the nonsense questioning the manhood of the Clinton Administration because “it lacked the nerve to handle captured terrorists outside the criminal justice system.” Illegal activity, rendition in Clinton’s case, or torture in Bush’s case, is still illegal activity. It does not matter whether an administration had the balls to do the deed itself. How differently do we treat those who murder and those who hire a murderer in their place? But who has the testicular fortitude to beat the shit out of the bad guys is not all that matters.

Our sense of justice and morals prevent us from allowing or endorsing government-sanctioned torture in America. Whether we call it torture, rugged interrogation, or aggressive coercion, it remains against the law. More importantly, we have a civilian-led military, complete with a Congress and judiciary entrusted with powers to check the executive from abusing and ignoring limits on his powers. When those bodies refuse to act, as they have for the better part of this scandal, we also have the First Amendment. Not to empower individuals to dictate how to break terrorists, but to ensure that limits on military behavior are enforced. The opposite of that is not sophistication, but barbarism.

How about a “Bridge to Everywhere”?

In an editorial in today’s Washington Post, Felix G. Rohatyn and Warren Rudman propose a solution to decaying infrastructure in America. Specifically, they highlight two examples.

On the Gulf Coast, the failure to invest adequately in the levees of New Orleans and to prepare for or manage the resulting disaster was obvious to the world.

On the Pacific Coast, in the state of Washington, a quieter crisis loomed. The region’s infrastructure had been outstripped by growth. But the new governor, Christine Gregoire, had the courage to impose a phased-in motor fuels tax to repair the state’s dilapidated and congested roads and bridges. Her opposition tried to repeal [ed. note: Initiative 912] the legislation with a ballot initiative, but thanks in part to the support of the state’s most powerful business leaders, voters stood by her and supported the tax, which would cost the average driver about $1 a week. They appeared to understand that this is a small price to protect lives threatened by bridges such as Seattle’s Alaskan Way viaduct, a twin deck freeway that is used by 100,000 vehicles a day and that could collapse in an earthquake. Their last-minute intervention may have prevented one more disaster for now, but the opposition will undoubtedly be back.

I only know the general details of how Gov. Gregoire imposed the motor fuels tax, and I’m not impressed by the idea that raising taxes is courageous, but I’m fine with the facts mentioned so far. Infrastructure is in dangerous condition. Something needs to be done. Admittedly I don’t remember the last major earthquake in Washington state, but deteriorating infrastructure is still bad. However they pay for it, the improvements seem wise. However, as I stated in the aftermath of Hurricane Katrina, fixing the problem at the local level, where information will be most accurate and current, is best.

I’m also aware that Washington isn’t the only location in America with infrastructure problems. Any short drive through the D.C. area will provide the same revelation, though I don’t know of anything specifically in immediate danger of falling down. As with the Wilson Bridge, though, proactive is best. So how do Mr. Rohatyn and Sen. Rudman arrive at this conclusion within a few short paragraphs?

Americans may not want “big government,” but they want as much government as is necessary to be safe and secure. Today state and local governments spend at least three times as much on infrastructure as the federal government does. In the 1960s the shares for both were even. Even so, increases in state spending have not been enough to check the decline in many of our public assets. A new type of federal involvement would be a powerful initiative and would require a new focus. Rebuilding America is a historic task; we have the means to do it.

I suspect that the authors haven’t noticed the federal deficit lately. Otherwise, I doubt they’d say we have the means to do this at the federal level. Regardless, it wouldn’t be a powerful initiative, but rather, a power-grabbing initiative. The federal government did this with the levees in New Orleans. How well did that work?

More interestingly, doesn’t the Washington example show that state and local governments are better equipped to know which infrastructure projects are most urgent? We can argue about whether or not an increased motor fuel tax is the way to pay for upgrades, but I’d rather Washington’s residents determine that. I also expect them to pay fund them. Just like my fellow Virginians and I should pay for road improvements in Northern Virginia.

After proposing the expansion of federal control, the authors offer a funding scheme that, in all honesty, I’m not quite sure I understand. It involves something about a national investment corporation (NIC) and “self-financing” bonds with a federal guarantee. It sounds more like Social Security IOUs than anything. If someone cares to read the article and decipher how the NIC would work, I’d be happy to listen. For now, I’m resigned to regarding it as a central planning sleight-of-hand that would transfer control and decision-making from where local knowledge resides to Washington, while spreading tax obligations everywhere. I’m not persuaded.

By the end of the editorial, the authors acknowledge that they’ll face opposition, although they fail to understand why:

There will no doubt be opposition to solving this problem. Advocates of “small government” will characteristically oppose government’s performing its valid, historical role. Critics will accuse the NIC of being a “new bureaucracy” when, in fact, it might be the only practical approach to reform in the existing bureaucracies.

I don’t oppose solving this problem. Claiming that “small government” advocates characteristically oppose this is incorrect. “Small government” advocates expect the government to perform its necessary, appropriate tasks. However, building roads, bridges, airports and water projects are for state and local governments. Just because we’ve historically violated that does not mean we should continue to do so, adding more bureaucracy and impossible-to-deliver promises to the government heap.

Seeing nuance where no justifiable nuance exists

From The Corner at National Review Online comes this tidbit on torture. I won’t recap the whole discussion because it mostly veers off into a tangent about what sort of physical endangerment one would choose if captured, but there is a telling explanation made in the process. First, a basic assumption for torture from Jonah Goldberg:

And don’t tell me the analogy doesn’t work because the criminals are choosing torture of their free will. The terrorists in these hypotheticals choose torture too — when they decide not to divulge inforrmation [sic]. Everyone agrees that torture or even coercion for reason not directly tied to pressing need should never be tolerated.

Fine, terrorists choose torture when they don’t talk. What about American soldiers captured in the field of battle? If they’re tortured by their captors, do we dismiss it because they followed orders to reveal only name, rank, and serial number? Or do we denounce the torture as a gross violation of human rights and international standards of war? I agree that there’s a distinct difference between terrorists and American soldiers, but the underlying assumption of how a captor should treat a captive remains the same, I think.

As an aside, I don’t think everyone agrees that torture or coercion should never be tolerated without the ticking time bomb scenario. Many of the debates around the blogosphere reveal particularly nasty examples of people taking glee in the idea of torturing terrorists because the terrorists are bad. Modify the last sentence to “reasonable people agree” and we can move on.

Later, in response to reader reaction, Mr. Goldberg responds with this:

Moreover, innocent people would not choose torture. They would give up the information needed. Of course there is a very real and legitimate danger of torturing innocent people because we wrongly don’t believe they’re innocent, which would be awful — again just like killing or imprisoning innocent people is awful. But for the terrorist who knows that innocent men, women and children are about to be murdered and chooses to stay silent, I simply haven’t read a principled argument that makes the moral case against coercing this accomplice to murder that I personally find convincing. Contrary to what a lot of people think, that alone doesn’t make me “pro-torture.” It makes me unpersuaded by some of the more high-minded arguments of the anti-torture crowd.

I concede that that doesn’t make Mr. Goldberg “pro-torture,” but I still have a question that should seem obvious. How would an innocent person give up needed information? If he’s innocent, he doesn’t know anything to give up. How long do we torture him for withholding information before we realize he’s innocent? Does the torture inflicted remain justified after he’s no longer a suspect because he was thought to be a terrorist at the time of the torture? We know we’ve imprisoned suspected terrorists in the last four years who’ve turned out to be innocent individuals.

I simply haven’t read a reasonable argument that makes the legal case for torture compelling. That it’s also morally and politically devastating to the United States should also factor into what should’ve been a short debate. Senator McCain’s amendment should pass the Congress unchanged. President Bush should sign it.

Deadly force is encouraged

Everyone knows the facts of yesterday’s passenger shooting at Miami International Airport. I’m most interested in the responses to the shooting. ersonally, I’m inclined to assume the federal air marshal acted properly. Air security is essential and any air marshal must be allowed to act on the facts before him. We need to conduct an honest investigation and learn any lessons on how to improve air marshal response in the next incident. I have no doubt that it’ll occur. What we don’t need is shameful rhetoric.

“This shows that the program has worked beyond our expectations,” said Rep. John L. Mica (R-Fla.), chairman of the House transportation subcommittee on aviation. “This should send a message to a terrorist or anyone else who is considering disrupting an aircraft with a threat.”

Rep. Mica needs to shut up. The death of a man is beyond our expectations? How low were they before this incident? I can’t imagine we thought air marshals would just say “Excuse me, but could you please not blow up this plane?” Rep. Mica’s statement is posturing for the law-and-order crowd and should not be tolerated. He’s taking far too much glee in this incident.

Which brings me to Bill O’Reilly. Danielle and I watched the O’Reilly Factor last night because he had part one of his interview with Howard Stern. We wanted to watch and nothing else was on. We should’ve recorded it and fast-forwarded through the propaganda.

During the opening segments, Mr. O’Reilly spoke with a “reporter” at Miami International Airport. During the discussion, Mr. O’Reilly described the shooting as (I’m paraphrasing) “if the suspect doesn’t cooperate, the air marshal is going to blast him.” The rest of the discussion consisted of the “reporter” prosecuting the case and coming to the perfect law-and-order conclusion that any action of force by security forces are justified if the risk of terrorism exists. Rather than facts, we got glee that a man died and the remaining passengers were marched off the plane with their hands on their heads. Oh, and the luggage not belonging to the dead suspect blown up by the bomb squad was just a reminder that we take terrorism seriously.

The entire debacle disgusted me. That many people were watching, absorbing the propaganda as gospel pissed me off.