Truth, Justice, and the American Way?

William Glaberson, "Former Prosecutor to Testify for Detainee"

Until four months ago, Col. Morris D. Davis was the chief prosecutor at Guantánamo Bay and the most colorful champion of the Bush administration’s military commission system. He once said sympathy for detainees was nauseating and compared putting them on trial to dragging "Dracula out into the sunlight."

Then in October he had a dispute with his boss, a general. Ever since, he has been one of those critics who will not go away: a former top insider, with broad shoulders and a well-pressed uniform, willing to turn on the system he helped run.

Still in the military, he has irritated the administration, saying in articles and interviews that Pentagon officials interfered with prosecutors, exerted political pressure and approved the use of evidence obtained by torture.

Now, Colonel Davis has taken his most provocative step, completing his transformation from Guantánamo’s chief prosecutor to its new chief critic. He has agreed to testify at Guantánamo on behalf of one of the detainees, Salim Ahmed Hamdan, a driver for Osama bin Laden.

Colonel Davis, a career military lawyer nearing retirement at 49, said that he would never argue that Mr. Hamdan was innocent, but that he was ready to try to put the commission system itself on trial by questioning its fairness. He said that there "is a potential for rigged outcomes" and that he had "significant doubts about whether it will deliver full, fair and open hearings."

Islam: A New Revolution Rising?

Robert Pigott. "Turkey in radical revision of Islamic texts"

Turkey is preparing to publish a document that represents a revolutionary reinterpretation of Islam - and a controversial and radical modernisation of the religion.

The country's powerful Department of Religious Affairs has commissioned a team of theologians at Ankara University to carry out a fundamental revision of the Hadith, the second most sacred text in Islam after the Koran.

The Hadith is a collection of thousands of sayings reputed to come from the Prophet Muhammad.

As such, it is the principal guide for Muslims in interpreting the Koran and the source of the vast majority of Islamic law, or Sharia.

But the Turkish state has come to see the Hadith as having an often negative influence on a society it is in a hurry to modernise, and believes it responsible for obscuring the original values of Islam.

It says that a significant number of the sayings were never uttered by Muhammad, and even some that were need now to be reinterpreted.

• • •

Turkey is intent on sweeping away that "cultural baggage" and returning to a form of Islam it claims accords with its original values and those of the Prophet.

But this is where the revolutionary nature of the work becomes apparent. Even some sayings accepted as being genuinely spoken by Muhammad have been altered and reinterpreted.

Prof Mehmet Gormez, a senior official in the Department of Religious Affairs and an expert on the Hadith, gives a telling example.

"There are some messages that ban women from travelling for three days or more without their husband's permission and they are genuine.

"But this isn't a religious ban. It came about because in the Prophet's time it simply wasn't safe for a woman to travel alone like that. But as time has passed, people have made permanent what was only supposed to be a temporary ban for safety reasons."

The project justifies such bold interference in the 1,400-year-old content of the Hadith by rigorous academic research.

Prof Gormez points out that in another speech, the Prophet said "he longed for the day when a woman might travel long distances alone".

So, he argues, it is clear what the Prophet's goal was.

(A nod to Making Light.)

Music Across the Divide

Daniel J. Wakin, "Philharmonic Stirs Emotions in North Korea"

As the New York Philharmonic sang out the opening notes of “Arirang,” a beloved Korean folk song, a murmur rippled through the audience. Many in the audience perched forward in their seats.

The piccolo played a long, plaintive melody. Cymbals crashed, harp runs flew up, the violins soared. And tears began forming in the eyes of the staid audience, row upon row of men in dark suits, women in colorful high-waisted hanbok dresses and all of them wearing pins of Kim Il-sung, the nation’s founder.

And right there, the Philharmonic had them. The full-throated performance of a piece deeply resonant for both North and South Koreans ended the orchestra’s historic concert in this isolated nation on Tuesday in triumph.

The audience applauded for more than five minutes, and orchestra members, some of them crying, waved. People in the seats cheered and waved back, reluctant to let the visiting Americans leave.

Breaking the Law

Glenn Greenwald, " McConnell/Mukasey: Eavesdropping outside of FISA is 'illegal'

In any event, the two honorable, apolitical, completely trustworthy Bush cabinet members -- DNI Mike McConnell and Attorney General Michael Mukasey -- yesterday released a letter addressed to House Intelligence Committee Chairman Silvestre Reyes which is basically a written adaptation of the scary 24 video produced this week by the House Republicans, breathlessly claiming that the nation "is now more vulnerable to terrorist attack and other foreign threats" because of the PAA's expiration.

The letter contains the now-standard fear-mongering claims that telecoms will stop cooperating (and even have stopped cooperating already) with government surveillance in the absence of the PAA (an absence caused single-handedly by the President) -- i.e., "we have lost intelligence information this past week," etc. But there was one passage in the letter which seems significant and worth highlighting.

In the letter from Chairman Reyes to which McConnell and Mukasey are responding, Reyes pointed out that under the still-existing FISA law, the Government is free to commence surveillance without a warrant where there is no time to obtain one. In response, McConnell and Mukasey wrote:

You imply that the emergency authorization process under FISA is an adequate substitute for the legislative authorities that have elapsed. This assertion reflects a basic misunderstanding about FISA's emergency authorization provisions. Specifically, you assert that the National Security Agency (NSA) or Federal Bureau of Investigation (FBI) "may begin surveillance immediately" in an emergency situation. FISA requires far more, and it would be illegal to proceed as you suggest.

Wow, what a blockbuster revelation. Apparently, as it turns out, in the United States it's "illegal" for the Government to eavesdrop on Americans without first complying with the requirements of FISA. Who would have known? It's a good thing we don't have a Government that would ever do that, or a Congress that would ever tolerate such "illegal" behavior. And it's so moving to hear the Bush administration earnestly explain that they are so hamstrung by FISA's requirements that we are all deeply vulnerable to the Terrorists, but they have no choice but to comply with its burdensome provisions -- because to do otherwise would be "illegal."

Morbid Frivolity?

Eliot Brown, "$5 B. Claim Filed Against Jay-Z, Bruce Ratner"

Brooklyn activist Clive Campbell is seeking $5 billion from rapper Jay-Z, developer Bruce Ratner and Barclays bank, filing a "claim of lien" in property records that seeks the money for slavery reparations.

Mr. Ratner, Jay-Z, and Barclays are all linked through the $4 billion Atlantic Yards project in Brooklyn, for which Mr. Ratner plans to build a Frank Gehry-designed basketball arena for the Nets and more than 6,000 apartments. Jay-Z, a partial owner of the Nets, has been a major supporter of the project, appearing at press conferences to tout its merits. Barclays owns the naming rights to the arena, and has been accused of having links with the slave trade—an accusation the bank denies.

In the claim, Mr. Campbell said that Mr. Ratner and Jay-Z worked "in concert" with Barclays, and "profited from the African Slave Trade and continue to profit from these gains, through a conspiracy dating back hundreds of years and continue to date to oppress Black people, enslave them, unlawfully deport them to all corners of the Earth."

The Spirit of '76?

Steve Kornacki, "Turning Obama Into Jimmy Carter

Late in the summer of 1976, President Gerald Ford and his inner circle huddled in Vail, Colorado, facing the grimmest general election outlook for a Republican since the L.B.J. landslide of '64.

An unelected president, Ford had barely secured the Republican nomination against a fierce challenge from Ronald Reagan, leaving the party’s conservative base dispirited and even more distrustful of Ford than they already had been. And the stench of Watergate—and Ford’s politically damaging pardon of Richard Nixon—stubbornly hung in the air. After eight years of Republican rule, an amorphous but potent yearning for change had taken hold.

At the Vail strategy session, the Ford team zeroed in on the chief vulnerabilities of their Democratic opponent, Jimmy Carter: His lack of experience, his lack of accomplishments and his lack of specificity on the issues. These had to be exploited mercilessly.

And they were. Ten weeks later, Ford came within an eyelash of a political miracle. After trailing by 33 points around Labor Day, he was edged out by a handful of electoral votes—and just two points in the popular vote. If the campaign had lasted even a week longer, many believe, Ford would have won.

Thirty-two years later, the G.O.P.'s chances of retaining the White House for a third straight term may hinge on recycling that old Ford recipe.

Fighting Schizophrenia

Berenson, Alex. "Daring to Think Differently About Schizophrenia"

The trial results were a major breakthrough in neuroscience, says Dr. Thomas R. Insel, director of the National Institute of Mental Health. For 50 years, all medicines for the disease had worked the same way — until Dr. Schoepp and other scientists took a different path.

"This drug really looks like it's quite a different animal," Dr. Insel says. "This is actually pretty innovative."

Dr. Schoepp and other scientists had focused their attention on the way that glutamate, a powerful neurotransmitter, tied together the brain's most complex circuits. Every other schizophrenia drug now on the market aims at a different neurotransmitter, dopamine ....

.... Glutamate is a pivotal transmitter in the brain, the crucial link in circuits involved in memory, learning and perception. Too much glutamate leads to seizures and the death of brain cells. Excessive glutamate release is also one of the main reasons that people have brain damage after strokes. Too little glutamate can cause psychosis, coma and death.

"The main thoroughfare of communication in the brain is glutamate," says Dr. John Krystal, a psychiatry professor at Yale and a research scientist with the VA Connecticut Health Care System ....

.... Schizophrenia affects about 2.5 million Americans, about 1 percent of the adult population, and it usually develops in the late teens or early to mid-20s. It is believed to result from a mix of causes, including genetic and environmental triggers that cause the brain to develop abnormally.

The first schizophrenia medicines were developed accidentally about a half-century ago, when Henri Laborit, a French military surgeon, noticed that an antinausea drug called chlorpromazine helped to control hallucinations in psychotic patients. Chlorpromazine, sold under the brand name Thorazine, blocks the brain's dopamine receptors. That led the way in the 1960s for drug companies to introduce other medicines that worked the same way.

The medicines, called antipsychotics, gave many patients relief from the worst of their hallucinations and delusions. But they also can cause shaking, stiffness and facial tics, and did not help the cognitive problems or the so-called negative symptoms like social withdrawal associated with schizophrenia.

In the 1980s, drug companies looked for new ways to treat the disease with fewer side effects. By the mid-1990s, they had introduced several new schizophrenia medicines, including Zyprexa, from Lilly, and Risperdal, from Johnson & Johnson. At the time, the new medicines were hailed as a major advance — and the companies marketed them that way to doctors and patients.

In fact, the new medicines, called second-generation antipsychotics, had much in common with the older drugs. Both worked mainly by blocking dopamine and had little effect on negative or cognitive symptoms. The newer medicines caused fewer movement disorders, but had side effects of their own, including huge weight gain for many patients. Many doctors now complain that the companies oversold the second-generation compounds and that new treatments are badly needed.

"People say that there are drugs to treat schizophrenia," says Dr. Carol A. Tamminga, professor of psychiatry at the University of Texas Southwestern, in Dallas. "In fact, the treatment for schizophrenia is at best partial and inadequate. You have a cadre of cognitively impaired people who can't fit in."

Virgin Dragons

Shubin, Neil. "Birds Do It. Bees Do It. Dragons Don't Need To."

DRAGONS and virgin births are the stuff of myth and religion. Except, that is, in Kansas, where they have recently come together in a way that should alter the way many of us look at nature and demonstrate the risks in our habit of using it to help us make ethical decisions.

Keepers at Wichita’s zoo got a surprise last year when they found developing eggs inside the Komodo dragon compound. Komodos are large rapacious lizards naturally found in Indonesia, but increasingly populating zoos around the world. Finding fertile embryos of dragons is a joyous occasion — there are only a few thousand of the lizards in the wild and captive breeding may be the only way to keep the species around.

But these eggs — two of which hatched a few weeks ago — were unusual: they developed from a female that had had no male of the species in close proximity for more than a decade. Judging from similar occurrences over the past two years in Britain, it appears that these lizards sometimes use a form of virgin birth in which eggs hatch without conception. The embryos are genetic clones of the mother ....

.... The big question these virgin births raise is this: If some females can get along without males, why does any species have males? The reason is simple. With virgin birth, hatchlings are simply genetic duplicates of the mother. In a world of clones, there would not be enough variation for populations to adapt. Virgin birth, then, is a great stopgap measure to ensure the survival of a species, but works against it in the long haul ....

Unfortunately, humans seem to forget this fact when we find ourselves turning to nature to guide us through difficult choices, such as arguments about whether life begins at conception, or over the proper structure of the family. Or, more recently, regarding the morality of cloning. Whether we’re talking about raising bigger cattle or growing life-saving organs or trying to “live forever,” both sides like to stress their abilities to judge what is “natural.” Judging from Komodo dragons, lizards and sharks, the answer seems to be that for reproduction, almost anything goes.

The Hole in the Wall

Steel, Mark. "Not a shopping spree, just a taste of freedom"

Occasionally there's a news story that can be presented as so jolly everyone must find it heartening – Havant and Waterlooville scoring against Liverpool, kittens rescued from chimneys, that Indonesian dictator bastard dying this week, that sort of thing.

You might think the escape of hundreds of thousands of people from the siege in Gaza would come under this category. On the point of starvation, with almost no fuel, electricity or medical supplies, they've blown up the wall at the border and danced into Egypt, smiling and waving at the reporters. They're such merry scenes you imagine reporters spluttering the way they did when the Americans marched into Baghdad, when they came out with stuff like "This old man behind me is so jubilant he has quite literally burst into flames with joy" ....

.... But instead it's been reported as just about acceptable, but not the sort of unruly behaviour to be approved of. Or it's seen as frivolous, such as the report in The New York Times that reads: "Palestinians used a bulldozer to knock down a portion of the wall and continue a shopping spree." A shopping spree? Do they think the leadership of Hamas said: "Oooh my goodness, have you seen the spring collection on display in the Sinai Desert branch of Debenhams? They've got the cutest little calf-length boots that were made with me in mind. If I don't have them I'll die – get the Semtex and the detonator."

The McCain Story Is, Thankfully, Not So Sexy

Michael D. Shear and Jeffrey H. Birnbaum, "The Anti-Lobbyist, Advised by Lobbyists"

For years, Sen. John McCain (R-Ariz.) has railed against lobbyists and the influence of "special interests" in Washington, touting on his campaign Web site his fight against "the 'revolving door' by which lawmakers and other influential officials leave their posts and become lobbyists for the special interests they have aided."


But when McCain huddled with his closest advisers at his rustic Arizona cabin last weekend to map out his presidential campaign, virtually every one was part of the Washington lobbying culture he has long decried. His campaign manager, Rick Davis, co-founded a lobbying firm whose clients have included Verizon and SBC Telecommunications. His chief political adviser, Charles R. Black Jr., is chairman of one of Washington's lobbying powerhouses, BKSH and Associates, which has represented AT&T, Alcoa, JPMorgan and U.S. Airways.

Senior advisers Steve Schmidt and Mark McKinnon work for firms that have lobbied for Land O' Lakes, UST Public Affairs, Dell and Fannie Mae.

McCain's relationship with lobbyists became an issue this week after it was reported that his aides asked Vicki Iseman, a telecom lobbyist, to distance herself from his 2000 presidential campaign because it would threaten McCain's reputation for independence. An angry and defiant McCain denounced the stories yesterday, declaring: "At no time have I ever done anything that would betray the public trust."

Something About Art

The Independent, "The loo that shook the world: Duchamp, Man Ray, Picabi".

Fountain, as full of meaning as an egg is full of meat, changed art for ever. It had always been clear to thoughtful observers that the link between an artist's skill and the merit of his work was a false one. Some of the greatest painters in the world, such as Watteau or Goya, possess a limited technique, and many of the most brilliantly virtuosic and intricate produce art of no ultimate value.

There has never been any value in the proposal that the harder an artist works, or the more skilfully detailed his craft, the better the work of art in the end. The link between labour and product was not decisively broken until Duchamp, however.

Perhaps the larger context helps us to understand why this happened in 1917, and not before. Tristan Tzara, the founder of Dada and a thinker in tune with Duchamp, said in his 1918 "Dada Manifesto" that "a work of art should not be beautiful in itself, for beauty is dead. A work of art is never beautiful by decree, objectively and for all. After the carnage we still retain the hope of a purified mankind."

Mitt, Seamus, and the Last Laugh

Gail Collins, "The Revenge of Seamus".

All I know is somewhere in doggie heaven, an Irish setter is laughing.

(Note: See also, "Journeys of a shared life", by Neil Swidey and Stephanie Ebbert)

Concrete kingdoms

Jennifer Fishbein, "Incredible New Feats of Concrete".

Concrete is ubiquitous in the modern world, yet most people don't give it a passing thought. Why would they? It may be the most consumed substance on earth after water, but the stuff of pavements and parking garages is also a bit dull—or so most of us thought. In fact, innovations in the science of concrete have enabled architects and designers to achieve remarkable feats that would have been impossible in earlier years—everything from ultra-thin bridges spanning hundreds of feet to furniture made from lightweight blends.

One of the big factors behind the resurgence of concrete is the environmental movement. Scientists and architects have rediscovered concrete's potential to save energy, since its thermal efficiency reduces the need for air conditioning and heating. But with this reawakening has come demand for more lightweight, durable, and aesthetic concrete by the designers who use it.

The world's three largest concrete producers—Lafarge, HeidelbergCement, and Cemex—have responded with a slew of innovations that have dispelled traditional assumptions about concrete: that it has to be thick when poured, reinforced with steel, mechanically vibrated to ensure even distribution, and, of course, opaque.

Luccon: Translucent concrete at Benchshop in Berlin. (Image credit: HeidlebergCement)

Constitutional Theory

Stanley Fish, "Does Constitutional Theory Matter?"

Rehnquist’s objection to the “living Constitution” thesis is that it licenses judges to view cases through the lens of their own value judgments and to substitute those judgments for the values that can be “derived from the language and intent of the framers.”

The job of judges, he is saying, is not to bring a moral perspective to the task of interpretation, but to first ascertain and then uphold the moral perspective they find in the text. It is not the “intrinsic worth” of the Constitution’s propositions as measured by some standard external to them that should compel us. Rather, it is “the fact of their enactment that gives them whatever claim they may have upon us.”

Statements like these enroll Rehnquist in a venerable tradition in which law and morality are regarded as distinct systems. In this tradition, called positivism, the answer to the question “what is Law” is not some grand moral/philosophic pronouncement, but the (apparently) more modest declaration that law is what has been enacted according to established and accepted procedures, Law is what’s on the books. The classic statement of this position was delivered in 1832 by John Austin: “The matter of jurisprudence is positive law: law simply and strictly so called…law set by political superiors to political inferiors.”

The question of whether or not this politically instituted law is morally good may of course be asked, but it is not a legal question. As H.L.A. Hart put it (summarizing Austin), “The existence of law is one thing; its merit or demerit another” (“Positivism and the Separation of Law and Morality,” 1958). In a famous debate with legal theorist Lon Fuller, Hart followed this line of reasoning to its logical conclusion when he argued that no matter how immoral (informed by bad purposes) we may judge Nazi law to have been, it was nevertheless law.

As Men Become Extraneous ....

Roger Highfield reports for the Daily Telegraph

Sperm cells have been created from a female human embryo in a remarkable breakthrough that suggests it may be possible for lesbian couples to have their own biological children.

British scientists who had already coaxed male bone marrow cells to develop into primitive sperm cells have now repeated the feat with female embryonic stem cells.

The University of Newcastle team that has achieved the feat is now applying for permission to turn the bone marrow of a woman into sperm which, if successful, would make the method more practical than with embryonic cells.

It raises the possibility of lesbian couples one day having children who share both their genes as sperm created from the bone marrow of one woman could be used to fertilise an egg from her partner.