Monthly Archives: November 2006

NYT Needs Regular Coaxing

Looks like I’m not the only person to have been writing to the New York Times about how it mis-characterizes Sen. Lieberman. And it looks like it’s not an isolated problem. Matt Browner-Hamlin records his exchange with the Times in two parts: his letter and Adam Nagourney’s response.

Posted in The Media | Comments Off on NYT Needs Regular Coaxing

The New York Times Bobbles Sen. Lieberman’s Party Affiliation

This morning I sent the following email to the corrections department, nytnews@nytimes.com, with the title “error in today’s paper”:

In “Enter, Pariah: Now It’s Hugs for Lieberman” by Mark Leibovich, Sen. Lieberman is described as a member of the Democratic party.

E.g. “the Democratic Party he still belongs to”

This is not accurate: although he caucuses with them, he’s in his own party, either “Connecticut for Lieberman” or “Independent Democrat” as he has recently apparently renamed it. Even Sen. Lieberman doesn’t claim he’s rejoined the Democratic party, nor has the party accepted him back into full membership.

Thus, he’s no more (or less) a Democrat than Bernie Saunders — a distinction the Times makes clear in the case of Vermont’s Senator. Connecticut deserves equal clarity.

Please correct the error.

If this is not accident, but a deliberate policy choice on the part of the Times, then I think an editorial note explaining why the paper treats the two Senators differently is in order. Connecticut’s Democrats, who rejected Lieberman both in the Primary and the general election, will read that note with some interest.

Very promptly, I received the following reply from Greg Brock:

Dear Mr. Froomkin:

This issue was raised immediately after the election. We have talked to Senator Lieberman’s office more than once now and he assures us that he is still registered on the voter rolls in Connecticut as a Democrat and as of now, he has no plans or reasons to change that registration.

When it is on point to our coverage — a vote he casts in the Senate or other issues he raises — we will, of course, reflect that he is an Independent Democrat or a similar designation.

But saying that he is a member of the Democratic Party is not incorrect. At least according to Mr. Lieberman.

Best regards,
Greg Brock
Senior Editor

I was appalled, as this appeared to me to take stenography to a new level of credulousness. I wrote the following note:

Thank you for the prompt reply. But now I’m even more puzzled.

Why on earth is Senator Lieberman’s opinion definitive? Surely it is the *Party’s* view that matters? Why not find out what, say, Howard Dean says on this (I don’t myself know what he’d say).

Nor is the issue Lieberman’s registration, but rather what line he got elected on. And that is a matter of public record. It was not the Democratic line.

I can claim to be President, and I doubt the Times would take my word for it. It’s quite surprising to see that you took his self-serving word as the final answer on this obviously controversial issue.

It of course serves Sen. Lieberman’s interests to claim to be a Democrat. And it is good to quote him and reflect his views. That is not what is at issue. If in fact his view is erroneous — which it pretty clearly is — then it does not serve the public interest to repeat that claim as fact if it is not actually true.

I wonder if I could have your permission to share either your comment [above] or some other statement (your choice), with readers of my blog, https://www.discourse.net?

After a little more to-and-fro, Mr. Brock responded with an email giving me permission to quote his message above and adding “I had discussed this with our Washington editors and reporters and the consciousness has been raised that we need to be more precise in all references in the future.” He also noted,

… that just because I explained that his office confirmed that he is still a registered Democrat does NOT mean that we will call him that in the paper every time we refer to him. … we plan to give the specifics:

He is an independent. He caucuses with the Democrats. . and where applicable, we will remind readers that he was elected on a specific independent line on the Conn ballot.

I suppose in some technical sense, if Lieberman is still registered as a Democrat that could be said to be “the party he belongs to” — but I still think that’s really misleading in the context of an article about his relation with Senate Democrats in which Lieberman is called a “wayward Democrat” and which refers at one point to “every Democrat in Connecticut’s Congressional delegation except Mr. Lieberman.”

It doesn’t seem that I’m going to get my correction. But I hope that Mr. Brock’s note means that the Times is going to be more careful about Lieberman’s party affiliation in the future. If not, my next step will be to write to the Public Editor (ombudsman).

Posted in The Media | 6 Comments

Time to Walk the Cat Back

This seems like rather a big deal: not only did the CIA admit the it has foreign prisons, but that there is a Presidential Order re: Foreign Detention Facilities which involves,

outlining interrogation methods that may be used against detainees, and a Justice Department legal analysis specifying interrogation methods that the CIA may use against top Al-Qaeda members.

This will get interesting when Congress decides to resume its oversight duties.

Posted in National Security | Comments Off on Time to Walk the Cat Back

Everyone’s Been Busy

Good stuff piled up while I was out of it.

Actually, I'm still coughing a lot. Class could be hard tomorrow.

Posted in Linkorama | 1 Comment

US Government Brief Denies Padilla Was Tortured

Thanks again to David Markus here’s a copy of the Government’s Opposition To Defendant Padilla’s Motion To Dismiss For “Outrageous Government Conduct”.

Short version: We deny everything. And even if it’s all true the remedy is to sue us, not dismiss this case.

Pithy quote:

The government in the strongest terms denies Padilla’s allegations of torture — allegations made without support and without citing a shred of record evidence. For present purposes, however, what matters is that the law plainly does not permit the remedy he seeks: dismissal of the indictment. No further inquiry is required.

Disengenous argument warning:

Padilla’s allegations of torture have no merit whatsoever, but the more basic and insurmountable problem with his motion is a purely legal one. Padilla has not cited a single precedent “absolutely bar[ring]” a federal criminal prosecution because of alleged due process violations committed during a prior military detention. By contrast, courts have firmly and consistently held that an indictment may not be dismissed due to supposed “outrageous government conduct” arising out of the defendant’s treatment while detained. The defendant’s remedy, if any, lies in the civil process or prosecution of the offenders; he is not entitled to a free pass from his own criminal conduct. Moreover, even in the wholly distinct line of cases involving allegedly outrageous prosecutorial misconduct, a defendant still must show that the misconduct substantially prejudiced his defense, and produce up front evidence to support his claims. Padilla has not made such a showing, and his motion should be denied as a matter of law.

Well of course there are no cases involving misconduct during prior military incarceration — that was part of the misconduct! — but no judge is going to have any trouble charging the prosecution with the military’s conduct. An ever so much more so given that Padilla was held in civilian detention before being turned over to the Navy.

That said, the government has meatier arguments based on 11th Circuit precedent…but I’m not sure on a quick reading that they utterly tie the judge’s hands.

Prediction: At least some kind of hearing.

The big issue: Will there be discovery? How much?

(Links to text of Padilla’s motion, to which this is a response, here.)

Posted in Padilla, Torture | 5 Comments

Why The Silence

I’ve been a bit under the weather since Friday night.

Please feel free to treat this as an open thread, and raise what you wish in the comments.

Posted in Discourse.net | 3 Comments