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January 2012 LC Thread w/ New Year's Resolutions ldo January 2012 LC Thread w/ New Year's Resolutions ldo

01-04-2012 , 06:04 PM
Quote:
Originally Posted by seattlelou
Nice non answer imo. I have read that many of his appointees have been rejected due to the bar associations opinion. Accurate?
Link?
01-04-2012 , 06:07 PM
http://www.nytimes.com/2011/11/23/us...imes&seid=auto


Quote:
The number of Obama prospects deemed “not qualified” already exceeds the total number opposed by the group during the eight-year administrations of Presidents Bill Clinton and George W. Bush; the rejection rate is more than three and a half times as high as it was under either of the previous two presidencies, documents and interviews show.
01-04-2012 , 06:12 PM
Quote:
Originally Posted by seattlelou
Nice non answer imo. I have read that many of his appointees have been rejected due to the bar associations opinion. Accurate?
Quote:
Originally Posted by seattlelou

Article does not support your statement that his "appointees have been rejected due to the bar associations opinion."

You left out this statement from the article:

Quote:
The White House has chosen not to nominate any person the bar association deemed unqualified
01-04-2012 , 06:14 PM
Quote:
Originally Posted by Wynton
Article does not support your statement that his "appointees have been rejected due to the bar associations opinion."

You left out this statement from the article:
Indeed. I was wrong.
01-04-2012 , 06:19 PM
It's important to distinguish between reasons and justifications. The reason the GOP is refusing to confirm people is that they think they can gain political advantage by doing so, and they aren't really concerned with the damage it will do to the government and the country. The justifications will be whatever random bs they can recite with a straight face.
01-04-2012 , 06:25 PM
Quote:
Originally Posted by FlyWf
Obama apparently got some balls for Christmas, it's about time.
So you won't say a word when a Republican president does the same?
01-04-2012 , 06:30 PM
Quote:
Originally Posted by seattlelou
Indeed. I was wrong.
This is a great post. Zero sarcasm. Bravo.
01-04-2012 , 06:31 PM
Partisan justification for the Obama move from some guy who pretended to work in the Bush administration:

http://volokh.com/2012/01/04/recess-...orma-sessions/

Quote:
In October 2010, my former boss at DOJ’s Office of Legal Counsel, Steve Bradbury, and I wrote this op-ed arguing that such pro forma sessions at which no business is conducted do not interrupt a recess of the Senate within the meaning of the Recess Appointments Clause, and thus do not interfere with the President’s recess appointment authority. I recognize that this is a novel and difficult question of constitutional law, with very few relevant judicial precedents, and there are arguments for both positions. Here is an outline of the basic argument why such pro forma sessions do not interrupt a recess of the Senate.


In addition to the power to make appointments with the advice and consent of the Senate, the President has an auxiliary power under the Recess Appointments Clause “to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.” The few discussions during the ratification debates to broach the subject (during which people argued both for and against such a power) tended to focus on how, absent such a power, the Senate would have to be continually in session to advise the President on the appointment of officers. That was also how Joseph Story framed the issue in his Commentaries on the Constitution: either “the senate should be perpetually in session, in order to provide for the appointment of officers; or, that the president should be authorized to make temporary appointments during the recess, which should expire, when the senate should have the opportunity to act on the subject.


Both the Senate and the Executive Branch traditionally have given the Recess Appointments Clause a practical construction that focuses on the Senate’s ability to provide advice and consent. The earliest opinion of the Attorney General on the issue (which first took the position, which also has been controversial, that the President can make appointments not only to fill vacancies that arise during the recess, but also which happen to continue to exist during such a recess) focused on the Senate’s ability to provide advice and consent. Executive Authority to Fill Vacancies, 1 Op. Att’y Gen. 631, 633 (1823) (“all vacancies which . . . happen to exist at a time when the Senate cannot be consulted as to filling them, may be temporarily filled by the President”).


One of the most important documents on the scope of the Recess Appointments Clause is the report the Senate Judiciary Committee issued on the question in the wake of President Theodore Roosevelt’s decision to make recess appointments during a truly brief gap between two sessions of Congress. That report likewise advocated a practical interpretation that focused on the ability of the Senate to perform the advise and consent function.
It was evidently intended by the framers of the Constitution that [“recess”] should mean something real, not something imaginary; something actual, not something fictitious. They used the word as the mass of mankind then understood it and now understand it. It means, in our judgment, . . . the period of time when the Senate is not sitting in regular or extraordinary session as a branch of Congress, or in extraordinary session for the discharge of executive functions; when its members owe no duty of attendance; when its Chamber is empty; when, because of its absence, it cannot receive communications from the President or participate as a body in making appointments.
S. Rep. No. 58–4389, at 2 (1905).


The argument is that the sort of pro forma sessions that are now going on don’t give the Senate the opportunity to conduct any business. Indeed, the resolution that preceded this recess specifies that no business will be conducted at these sessions.
Madam President, I ask unanimous consent that when the Senate completes its business today, it adjourn and convene for pro forma sessions only, with no business conducted on the following dates and times, and that following each pro forma session the Senate adjourn until the following pro forma session: Tuesday, December 20, at 11 a.m.; Friday, December 23, at 9:30 a.m.; Tuesday, December 27, at 12 p.m.; Friday, December 30, at 11 a.m.; and that the second session of the 112th Congress convene on Tuesday, January 3, at 12 p.m. for a pro forma session only, with no business conducted, and that following the pro forma session the Senate adjourn and convene for pro forma sessions only, with no business conducted on the following dates and times, and that following each pro forma session the Senate adjourn until the following pro forma session: Friday, January 6, at 11 a.m.; Tuesday, January 10, at 11 a.m.; Friday, January 13, at 12 p.m.; Tuesday, January 17, at 10:15 a.m.; Friday, January 20, at 2 p.m.; and that the Senate adjourn on Friday, January 20, until 2 p.m. on Monday, January 23; that following the prayer and pledge, the Journal of proceedings be approved to date, the morning hour be deemed expired, and the time for the two leaders be reserved for their use later in the day; further, that following any leader remarks the Senate be in a period of morning business until 4 p.m., with Senators permitted to speak therein for up to 10 minutes each, and that following morning business, the Senate proceed to executive session under the previous order.
Concluding that such pro forma sessions (which by design are not for conducting business) interrupt the recess of the Senate and thus prevent recess appointments would present a risk to separation of powers because it would allow the Senate unilaterally to frustrate the President’s exercise of a power granted him by the Constitution, which the Framers considered to be important to keep the government functioning by filling offices. Cf. McAlpin v. Dana, No. 82–582, slip op. at 14 (D.D.C. Oct. 5, 1982) (“[T]here is no reason to believe that the President’s recess appointment power is less important than the Senate’s power to subject nominees to the confirmation process.”).
01-04-2012 , 06:35 PM
Quote:
Originally Posted by [Phill]
This is a great post. Zero sarcasm. Bravo.
You're trying to shame me into being less sarcastic, aren't you?
01-04-2012 , 06:45 PM
Good read, I hope the R's don't try to make this a huge issue. Even if I read a paper outlining a different opinion it seems as silly as the House rejecting a two month extension of the payroll tax cut. Justifying making the government more dysfunctional than it currently is just isn't good politics or governance.
01-04-2012 , 06:51 PM
To be clear, I don't really have an opinion about the legality of Obama's move; that would require actual research on my part, rather than just posting links. But my gut reaction is that courts would try to avoid reaching a decision on the controversy.
01-04-2012 , 07:00 PM
Quote:
Originally Posted by FourFins
So you won't say a word when a Republican president does the same?
Up to a point, the president should get his picks for the posts he's supposed to fill. If you are butthurt over the fact that he's president, then stonewalling a qualified candidate for postmaster general is an extremely petty and stupid way of expressing that butthurt. If the Dems are that petty the next time we have a Republican president, then no, I won't really care if the GOP president does this.
01-04-2012 , 07:08 PM
It's not like these guys are as important as SCOTUS justices or actually committed Marxists like Freepers think. This sort of needless obstructionism is dumb no matter what party does it.
01-04-2012 , 07:11 PM
I don't want Romney to win. Come on Perry. It'll be Bush 2.0. Like we never missed a beat.
01-04-2012 , 07:12 PM
Well I don't want my next lottery ticket to contain losing numbers, but...
01-04-2012 , 07:13 PM
Quote:
Originally Posted by Wynton
You're trying to shame me into being less sarcastic, aren't you?
Lol, I of all people have zero ground to shame people in being less sarcastic. I was saying my post congratulating him for making a mature climb down post when he realised he was wrong was a completely awesome start to the year.

Its probably just sample sizing, but the festivus thread seems to have improved the forum. If we had one three or four times a year the forum would be even more awesome.
01-04-2012 , 07:37 PM
Quote:
Originally Posted by FlyWf
Semtex's bizarre vendetta against Matt Taibbi for hurting Wall Street's feelings(??) was one of my favorite LC thread subplots from 2011, I hope we can bait him into explaining what exactly is idiotic about the O'Neill piece. My favorite part of that piece:
Read more: http://www.rollingstone.com/politics...#ixzz1iV4twPbO
Quote:
Originally Posted by bobman0330
I'm not sure I understand the underlying theory behind the Taibbi piece. Obviously Goldman is evil and they've been running a decade-long pump-and-dumb scam in BRIC equities. Because that makes sense. Here's how it went. First, O'Neill coins the term "BRIC" excuse me, the infamous term "BRIC." Nefariously, the BRIC countries grow at 6.6% annually over the next decade. Next, it's time for GS to cash in somehow, so they write another report concluding that growth prospects are less positive. The trap is sprung!

Now what I find curious, is that, simultaneously, possibly nefariously, O'Neill writes a pro-BRIC book. If we assume that O'Neill is privy to the pump-and-dump scam, which I think we have to, how would he get wrong-footed by releasing a pro-BRIC book (sidebar: how much would you wager that Taibbi has never read this book?) at the very same time GS is revealing the anti-BRIC denouement in their sinister drama? Has there been some kind of palace coup? Or are there more layers to the onion? Is GS's apparent about face really just a brief pause in a 360 degree revolution? Or is O'Neill's dogged persistence just two-thirds of a way through a 540 degree twirl?

Or, alternatively, is every fact mustered by Taibbi in that piece totally independent except in the author's imagination? More importantly, what does any of this have to do with QE3 and the outlook for US equities?
Pretty much nailed it. What Taibbi is insinuating is utterly ridiculous, and his claim that O'Neill's BRIC predictions were actually hogwash displays some fairly high level ignorance.

Even his quotation of the guys at Zero Hedge was seriously absolutely ******ed. Those guys predicted that GS was telling clients they were bullish on European bank stocks because they were actually secretly bearish on them, something Taibbi accuses GS of over and over again. They claimed vindication when European bank stocks actually dipped in the few days (lol) after that prediction by GS. Taibbi released his article like a month later, by which time those stocks had in fact made a full recovery, ending up in a higher spot than when Zero Hedge wrote their piece, vindicating GS's prediction, at least for the moment. He should maybe have checked out where European bank stocks actually were before he included that little tidbit. Odds Taibbi even knows what a European bank stock is?

Seriously though, I know Matt Taibbi feels Wall Street operates strictly to deceive their clients and privately profit at their expense, and that the only one who has managed to figure this out is Matt Taibbi, but you don't find it fishy that no one else has caught on to this?
Quote:
Originally Posted by bobman0330
The thing is, I believe in mostly efficient markets, so I think virtually every bit of analysis produced by Wall St. is extremely well-informed chicken-entrail reading, and I would expect such predictions to be wrong ~49% of the time.
Exactly. But when Wall Street makes the wrong bet its actually completely intentional according to Taibbi and they are secretly profiting off of it. Its a wonder that the banks have ever lost money. They really should be making like a trillion dollars a year, every year. Actually no they should all be out of business with zero clients left after they bankrupted all their existing ones.

Like I said, his piece was insanely idiotic, and also like I've said, Taibbi really needs to stay away from technical writing about finance and economics because he's obviously massively ignorant about such things. Your (fly's) unending defense of him even when he continues to be blatantly wrong is what I find to be one of the funnier subplots of this forum. I get that you think Wall Street needs to be taken down a peg or two. That's fine I don't entirely disagree with this sentiment just make sure your white knight isn't a shoddy shoddy journalist.

Last edited by Semtex; 01-04-2012 at 07:46 PM.
01-04-2012 , 08:31 PM
Quote:
Originally Posted by Tonding
A Dallas teenager who ran away from home and gave a wrong name when picked up by police was mistakenly deported to Colombia.

http://www.wfaa.com/news/texas-news/...136626533.html

This is just surreal.
Quote:
News 8 learned that Jakadrien somehow ended up in Houston, where she was arrested by Houston police for theft. She gave Houston police a fake name.
Jakadrien

Jakadrien

Jakadrien

THAT IS A PRETTY FAKE DAMN NAME.

(story is horrible and all, but given me a ****ing break with the Jakadrien)
01-05-2012 , 09:06 AM
01-05-2012 , 09:34 AM
What bull**** stunt did the Senate Republicans pull to avoid technically being in recess?
01-05-2012 , 09:40 AM
Just to confirm, this:

Quote:
Originally Posted by Wynton
How come no one has posted yet about Obama's latest unconstitutional grab of power?
is this:
Quote:
Originally Posted by Wynton
?
01-05-2012 , 09:55 AM
The initial post, which was somewhat tongue-in-cheek, was a reference to Obama's claim that he had the authority to make a recess appointment now on the ground that Congress was not truly in recess, despite the GOP's attempts to appear otherwise.
01-05-2012 , 10:37 AM
Yeah you had me going there for a bit. Until the so-called qualifications.
01-05-2012 , 10:58 AM
granted greenwald usually crushes, but especially good today
http://www.salon.com/2012/01/05/demo...ies/singleton/
01-05-2012 , 11:20 AM
Ugh, I tried to read that Greenwald piece but my eyes glazed over around the 29th paragraph. He is just so out of touch with the general American electorate right now. 95% of the stuff on his wish list of things the democrats should do or say would amount to instant political suicide.

Half this country is in a blind ****ing rage right now at anything remotely progressive, liberal or socialistic sounding. And another 10-20% of swing voters are very easily frightened by them. That's going to take time to change. Let the baby boomers work through the system (die), let Obamacare do it's magic (make people realize the republicans are FOS), then maybe in 10-20 years a politician will be able to talk about progressive causes again w/o shooting himself in the face.

      
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