During a 30 minute interview worthy of "The Manchurian Candidate", the woefully unprepared Lesley Stahl illustrated precisely why American journalism, in the "original" sense of the word, is pushing up daisies. You would think that spending half an hour fellating the most predictably contentious and consistently anti-humanist Supreme Court Justice would be exhausting, but no, Lesley demonstrated last night that she's the queen of the CBS rainbow parties.
Before Stahl even asked her first question, we knew where the interview was headed, with a lead-in more unctuous than a used car salesman's pitch:
At 72, Justice Scalia is still a maverick, championing a philosophy known as "orginalism," which means interpreting the Constitution based on what it originally meant to the people who ratified it over 200 years ago.
Editor's note: Can the media please stop using the term "maverick" as a metaphor for "72 years old, obstreperous, and willfully out of touch"? It doesn't apply to McCain, and it sure as hell doesn't apply to Scalia. And maybe you should explain that Scalia's an originalist only when it's convenient - like when his corporate buddies are in the hot seat.
But this was one of the lesser offenses committed during the interview -- the fact that Scalia agreed to be interviewed on "60 Minutes" in the first place displays the unhealthy disregard that he has for the Code of Judicial Conduct. Here's Scalia on Gore v. Bush:
"People say that that decision was not based on judicial philosophy but on politics," Stahl asks.
"I say nonsense," Scalia says.
Was it political?
"Gee, I really don’t wanna get into - I mean this is - get over it. It's so old by now. The principal issue in the case, whether the scheme that the Florida Supreme Court had put together violated the federal Constitution, that wasn't even close. The vote was seven to two," Scalia says.
...
"It was Al Gore who made it a judicial question. It was he who brought it into the Florida courts. We didn't go looking for trouble. It was he who said, 'I want this to be decided by the courts.' What are we supposed to say? 'Oh, not important enough,'" Scalia jokes. (Emphasis mine.)
This is "brilliant" judicial reasoning? This is the ginsu-sharp intellect that has Lesley Stahl simpering in her chair like a 13-year-old at a Jonas Brothers concert? Like the husband who asserts that his wife was asking to get hit, Scalia was more than happy to shift the blame to Gore for the 7-2 decision that found the Florida recount method unconstitutional. Whether it was within the Court's power to shut down the recount and anoint George Bush President, well that's another matter, one that was decided 5-4. Not that the audience was given the chance to absorb that, since Stahl seemed uninterested in challenging the cocksure Scalia as she moved on quickly to her next talking point.
But nothing was quite so outrageous, and would demand Scalia's recusal from any case that might eventually make it up to the Supreme Court, as his looking-glass position on torture:
"If someone's in custody, as in Abu Ghraib, and they are brutalized by a law enforcement person, if you listen to the expression 'cruel and unusual punishment,' doesn't that apply?" Stahl asks.
"No, No," Scalia replies.
"Cruel and unusual punishment?" Stahl asks.
"To the contrary," Scalia says. "Has anybody ever referred to torture as punishment? I don't think so."
"Well, I think if you are in custody, and you have a policeman who's taken you into custody…," Stahl says.
"And you say he's punishing you?" Scalia asks.
"Sure," Stahl replies.
"What's he punishing you for? You punish somebody…," Scalia says.
"Well because he assumes you, one, either committed a crime…or that you know something that he wants to know," Stahl says.
"It's the latter. And when he's hurting you in order to get information from you…you don’t say he's punishing you. What’s he punishing you for? He's trying to extract…," Scalia says.
"Because he thinks you are a terrorist and he's going to beat the you-know-what out of you…," Stahl replies.
"Anyway, that’s my view," Scalia says. "And it happens to be correct."
(Emphasis mine.)
Case closed. Who are we to argue with such finely delineated analysis? Such effortless, gravity-defying leaps of logic! So what does Stahl do? Does she counter this assertion that it's okay to "punish" people who haven't been found guilty of any crime? No. She lauds his "down to earth" personality and asks him about the Yankees.
So here's to you, Lesley Stahl. If your intention was to reveal the awful plot to seize the White House, then job well done. If not, then "60 Minutes" should be relegated permanently to the dung heap of "entertainment programming."
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Water Tiger!
C Tuttle!
This is not an appropriate topic for this blog.
Stahl had the audacity to say he was ‘unpretentious’ in the lead up too… I was stunned…!
LOL!
Rice shortage? Maybe we need Condoleeza Rice.
SPEW!
I do so love tradition.
Wait until we have a Democratic administration and the press discovers its balls. That’ll be fun.
Vanfucullo!
hey WT!
Impeach the Lilly Ledbetter Five!
they will fling their barbecue bones aside and rush the doors.
How is teh Scalia’s health?
Please hold the Rice, it’s gone bad.
-G
It’s rancid fer shure.
In the oil tanker.
I was even more outraged at the 60 Minutes ‘Israel propgandizes war with Iran’ piece.
Talk about warmongering, fluffing and agenda driven reporting.
-G
MSM is afflicted with Peyronie’s disease. They have the variety that points only to the right.
missed it…
was it newsworthy at all?
Lesley Stahl rainbow party…. (hurl)
How appropriate. Scalia and Limpdick represent the repuglie party. Trash is trash is trash.
I’m with KO, I want to see all of his degrees and his GPA.
Arrrrgggghhhhh! This is the most annoying part. She said that as if such a thing can be determined. Great authors like Jack Rakove have explained that it is often impossible to define what the “original meaning” was. The founding fathers started arguing over its meaning immediately, even before it was ratified. And the creation of the document was an ugly, back and forth, sometimes debated, sometimes not legislative process that very often gives no clear direction for determining original meaning.
Watertiger rocks.
One of the things Scalia likes to
pontificatetalk about is “cafeteria Catholics,” who “pick and choose” which papal teaching they’ll abide by.If Stahl had asked me, I would have told her to ask Nino about Pius XI’s 1930 encyclical Casti Connubi. According to that encyclical, procreation is the ONLY reason to engage in sex.
I want someone to ask Nino if he had sex with his wife after she lost the ability to bear children. If he did, that makes him a “Cafeteria Catholic.”
Gaaah! Something about this thread is forcing me to serially projectile vomit. I’m going over to look at TBogg’s puppy now.
I would like to reach out and just slap his stupid face!
What was Pius XI’s thoughts on sex with under age young men?
Get over it? Tu faccia!
It was really fluff piece about the Israeli military, particularly the air force.
Lot’s of wonderful reminiscing about the hit on Saddam’s Osirek nuke plant.
Essentially laying the groundwork for a hit on Iran’s suspected sites.
Sort of Judy Milleresque.
There has been enough information put out there that we will be waking up one day and hearing about a massive air assault on Iran.
News like this from Yahoo tonight:
Khalilzad runs with more Iran/Syria axis of evil talk.
-G
Nino Scalia, the typical charming bully.
-G
Ooh, that’s cold…! ;-)
Time to Impeach Scalia! talk about legislating from the bench!!! This is the reason We must have a Democrat in the White House. These wingnuts are destroying our country for the Rich and powerful!
Pius’ hands were cold?
Did you guys see EW’s thread on feeding Isokoff feeding Karl again?
Sick press.
Fantasy violence, even slapping, is not permitted.
Constitutional Evolution
I have no ideas anymore.
I am beyond sickened.
May somebody help us all!
Funny how all of the focus is on Rev. Wright, but this fat, greaseball, criminal can help another criminal steal an election! Yes, Wright is wrong. He does not have the power that this man has. He and Cheney have done who knows what in secret…
Fear the bombastic powerless and allow this idiot the benefit of the doubt and in fact, try and make him seem charming and witty. The MSM is up to its old tricks…
One “feeding” would have been sufficient.
Republicans have balls? I had no idea.
Can we please not use terms like this?
” If your intention was to reveal the awful plot to seize the White House, then job well done. ”
watertiger, is there a word missing in this sentence at the end of the post? (not?)
just came in to read the post, wasn’t gonna comment, but wondered if it was a typo…
good post, will pass it on….
nite pups….
Don’t know about Pius XI, but John Paul II and Benny 16 are cool with it, as long as you’re ordained. The important thing is to preserve the all-MALE all-celibate priesthood. If some kniving youngsters repeatedly seduce Father, he’s a victim.
If you’re not ordained, however, it’s a mortal sin and you’re going to hell.
‘night, dmac.
Not just Khalizad, but, Condi and the Israeli Dep PM Mofaz…
What are we supposed to say?
You should have said count the f’ing votes ya bastard.
forgot–jimmy carter on charlie rose …
and he was on larry king, i think, doesn’t it rerun later at night?
ok, nite.
Y’all know these are the PNAC groupies, right?
So 7 years after Bush declared the Axis of Evil and the Iranians are even more empowered?
Fuckin’ great strategy.
-G
King could barely contain his hostility towards Jimmy C.
backward is forward.
The CNN panel basically considering that Wright may have tanked the Obama candidacy; his performance has been destructive and narcissistic. That OB will have to really distance himself, and not showing himself as a fighter. One added that church leaders have asked him to back off; he’s not listening (Wright)
Most definitely! It’s interesting that all the neocons have ties with Israel in one manner or other, Pnac, A*pac, etc…
Carter also on TDS tonight. TDS had a good first segment tonight, IMHO, so catch it if you can.*
*100% spoiler free comment
That was Gerson of the Wapoo who coined that stoopid phrase.
Boosh has never uttered a self- lettered werd other than AWOL.
Um, I’m not good with remembering names, but the guy “embedded” with the troops near Sadr City dropped a mention of a mention that some Iraqi insurgents are supplied by Iran “we hear”.
This was on Newshour.
It’s Iran talking points leaking in every which way.
Where’s the veracity. Who told the reporter? where did they hear it? it’s always so friggin vague.
Larry King with Pres. Carter will be rebroadcast tonight on west coast at 9 PM and 12 AM on east coast time.
Thanks for the head’s up dmac!
I heard similar on Newshour. Jeebus.
When I hear Wright speak with my own ears, it isn’t inflammatory at all. I can easily think with my own brain that Wright probably isn’t going to be joined at the hip with anyone in the federal government, that he sees it as his position to always challenge what the government is doing, esp. if he knows someone in the government, that he would hold them to a higher standard. That’s my take.
But no! It’s so awful! Obama is in such a bind!
I wondered if anyone would object to that term. Where I grew up it has very specific ethnic connotations. Good job RonD.
You might Digg this for WaterTiger for a great post about this buffoon on the SCOTUS
Just a swing by to say I agree about K. Harris.
Wherever she is, maybe she at least has found herself and layed off that awful make up.
G’Nite.
Digg
Dang forgot the link :>(
Spew alert!
Crap - this replacement keyboard is 3 days old.
Does the Lake have hazardous reading pay?
While the Bush Penis Brain’s fritter away our stature, Iran’s Ahmadinejad is touring the region and solidifying ties…even among US friendly nations.
Iran plays chess, the US plays lawn darts.
-G
Has anyone asked us little people (the voters) how our views were/are affected by Rev. Wright? Talk about manufacturing issues. And there are elephants flying around St. McSame and not one “serious” journalist notices.
Thank you, Gnome. It has the same connotations here, and all one needs to do to see the problem is substitute any other slur for what was said.
G’night, demi!
{{{demi}}}
I don’t know how to digg, but it’s a great post, WT!
Even if Stahl was unctious, at least viewers can see and hear Scalia on his torture is not punishment specious argument. Wow.
Hey! You are so mean to bring up those false and defamatory elephants! Just mean. /s
was shutting down the computer, jimmy said he’s known syria’s president assad since assad was a student in college….think maybe this is a show to watch or find on web…very detailed, down and dirty facts, just my kinda stuff….go jimmy, go ..taping it…
thanks for the show tips…..
ok, really going to climb into the feathers now, big day, i’m beat…..
thanks for the show tips…..
if anyone gets TDS link later when posted, please post on fdl for me, thanks.
Not trying to be argumentative (hey, I turned over a new leaf), but I don’t see Obama in a bind here.
I see Rev. Wright on one front, and Obama on another front.
Pincer movement.
All you have to do is click on the Digg link and if you don’t have a digg account it will walk you through signing up… really simple!
Bass Dude!
and…
Dr. Murphy.
Hey, I got a whole new laptop this weekend. Really trying hard to keep the spew off the really new clean screen.
But, with all the Wright Stuff (did I just say that?) going on, it’s tuff.
I keep turning my head to the side. Ha! and Ow!
Karzai was nearly assasinated this past week.
Innocents are dying in Palestine, Darfur, Afghanistan and Iraq and “elsewhere”.
IN OUR NAME.
Just scroll up to the top right, where it says digg. Register, and you can digg!
I don’t either. I was inaptly mocking the THs.
The Wright Stuff?
That’s as good as I can do for today.
Really, Good Night All.
Nighters, demi!
I really hope you are right. Obviously, though, there will be a lot of scrutiny of Obama, esp. to folks who are not news junkies. Hill and McC both are such known (no matter what you think of them) characters; much of Obama is still being revealed. Sort of like how subdued he was in the last debate. There is alot to be revealed about McC; but folks already think they know him. Maybe Wright got quite mad about early being left out of Obama campaign and now mad about how he was “distanced.” It seems odd the way he is really flooding the scene, obviously not in a way that collaborates with Obama.
Nite Loo Hoo.
PS - I will say prayers tonight for Virginia tornado victims.
There’s a new medical condition called “fdl crick-in-me-spine” caused by excessive turning of the head and coughing or wheezing or spewing to one side to avoid damaging one’s new laptop or desktop?
’specially when watertiger’s in da house
;~P
I thought Leslie just demonstrated her qualifications to work for Deborah Jean Palfrey. How is it that any conservative capable of tying his or her own shoes is automatically declared brilliant, despite a demonstrable dearth of intellectual ability? This is in contrast to seriously intelligent Democrats like Gore or Edwards, who just aren’t serious.
Do demi.
I wonder how much of the Wright controversy is the white media “discovering” that black churches and their preachers are not the pablum that most of us white folk hear and see on Sundays? Kinda like when they discovered that New Orleans was very black and poor. (My apologies to the good Revs here, no personal offense intended.)
Very good one, Dr.
It is just so difficult to go…y’all so wonderful and cute.
El Ultimo in flip-flopping.
I hope so too Rev. Deb. Mrbrat’s take is positive and he thinks this will backfire on MSM. He saw Pres. Carter earlier and reported Carter doesn’t think it will harm Obama. “I think the Republicans in the south” have kept the story or something to that effect. King is on now on west coast.
The controversy is also charged by short attention spans, vacuous thought processes and silly putty for brains.
You are way too kind. /s
so we see clear and plain, Scala is a moron, how on earth someone could even suggest he is brilliant is bizarre
Happens to me often… I’ll get to the bottom and just can’t help but click the “new responses” linky thingy. I shoulda been in bed an hour ago.
;~P
so, about that
surgeescalation that’s supposed to be working so niceley, even by the dynamics they claim are the benchmark…errr, that would be a noWRT Nino-
I think that he’s a brilliant legal mind, trapped in an idealogical death spiral.
This is what it looks like when, instead of having political eccentricities, Supremes have actual agendas.
May be the money, may be the power, may be the esteem of a bunch of kooks.
Good evening, pups.
El Nino, like the wind, is famous for his hot air. Normally, he and Justice Thomas prohibit any recording of their views, claiming they are copyrighted. I think it’s because they don’t want too many people outside their closed venues to know what and how they think.
Justice Scalia agreed to be interviewed, but by Leslie Stahl. Not Bill Moyers, not Jack Balkin or Scott Horton, not even Jim Lehrer. He knew it was a walk in the park, and that nobody would mind him tossing his beer cans along the path or stopping for a little relief behind the tree.
Hello and good night, newt!
I’ve got that.
Name something else, I can probably work up a case of that, too. ;>
nice to see you Loo Hoo!
nite
I think that’s right. The idea that the MSM-manufactured controversy, based on excerpts from Wright’s sermons, will tank Obama’s candidacy is wishful thinking. The GOP hopes that the plea will be repeated enough that it will stick, just as they hope repeating, “We don’t torture” will make people think they actually mean it.
I don’t think this sort of shtick is intended to be taken seriously; if it is, it’s a gimme. I see it as an expression of divide and conquer, an attempt to keep the Democratic contenders on each other and off St. John the Divine, who is ever so much more vulnerable if only people would start believing their lying eyes.
Newtman!
Following up GSD’s comments…
This doesn’t surprise me…
And, I really get pissed when they throw this around without identifying which Shiite group…
As Mark from Ireland had commented at M&C…
Hey Mary!
Was just thinking about your Peyronie”s hypothesis.
It is described as a “connective tissue disorder.” But I’m starting to think it’s not so much a disorder as a deficiency, which would cause them to…
Strangely, I’m with that ass hole Scalia regarding the Eigth Ammendment:
Legally speaking, punishment is what happens AFTER conviction, not before.
Brutality prior to conviction is a violation of “due process,” which is a notion that is strewn throughout common law and lots of judicial rulings, but seems not to be so all that explicity in the U.S. Constitution except wrt search and siezure.
Good one!
BTW, CTuttle, my compliments to your work at M&C.
Mahalo! Appreciate it! 8-)
Well the media got schooled today. He addressed that(in his way) in his appearance at the National Press Club. I thought he was brilliant. You can see it on cspan or read the transcript here.
Perhaps not. I read nothing in the plain text (and am now scrambling for my Federalists Papers folder) to describe punishment as being subject to a guilty verdict or plea, or even indisputable factual guilt.
And actually, the phrase is right there:
the Eighth says nothing about factual or rendered guilt, since bail can’t be presupposed.
CT, you may find this site useful, for strategy and so forth. I’ve been mining it heavily-
The Center for Contemporary Conflict.
Notwithstanding the legalisms, torture could be viewed as punishment in the sense that our military or CIA or whomever acts as prosecutor, judge, jury, and penal authority, by summarily designating a detainee as a “terrorist,” and proceeding to administer punishment via torture, without regard to any actual guilt or innocence.