Want to Remain Silent? Speak Up!

“‘A suspect who has received and understood the Miranda warnings, and has not invoked his Miranda rights, waives the right to remain silent by making an uncoerced statement to the police,’ Justice Kennedy wrote.‘” Breaking 5-4 along the usual lines — Roberts, Alito, Thomas, Scalia, and Kennedy in the majority — the Supreme Court determines Miranda rights must now be specifically invoked. “Justice Sonia Sotomayor, in her first major dissent, said the decision ‘turns Miranda upside down’ and ‘bodes poorly for the fundamental principles that Miranda protects.’“

One important note: “The majority ruling is in line with the position taken by the Obama administration and Supreme Court nominee U.S. Solicitor General Elena Kagan. In December, she filed a brief on the side of Michigan prosecutors and argued that ‘the government need not prove that a suspect expressly waived his rights.’” And, given that this administration is currently working to rewrite Miranda to stop the terr’ists, I guess we shouldn’t be too surprised.

The Representatives from K-St.


“Members of this Shadow Congress — not all of whom are registered lobbyists — hail from 41 of 50 states (Texas has the most, with 17) and they’re almost as likely to be Democrats as Republicans. Some, like Tom Daschle and Bob Dole, were powerful congressional leaders, whose presence on K Street has drawn scrutiny in the past. But far more are low-profile back-benchers we’d never heard of and we doubt you had either:“

TPM’s Justin Elliot and Zachary Roth try to ascertain a head-count of the representatives from K-Street: “We’ve compiled a close-to-comprehensive list of former members of Congress currently working on behalf of private interests in Washington’s influence-peddling industry. We count 172 of them — almost one-third the number of current members of Congress.” (They deem them the “Shadow Congress,” but I think that name is, quite frankly, far too awesome to be used in reference to a bunch of bought-and-paid-for-lobbyists. See also: Shadow Broker, Shadow Proclamation, etc. etc.)

The picture above, by the way, is Joseph Keppler’s The Bosses of the Senate, from the January 1889 issue of Puck. Consider also David Graham Phillips’ “Treason of the Senate” from 1906, and the problem of corporate control over our republican institutions is sadly not-so-new. But back then, alas, they were just getting warmed up.

Distracting Shot/Feign Death FTW.

“When the moose attacked them, Hans knew the first thing he had to do was ‘taunt‘ and provoke the animal so that it would leave his sister alone and she could run to safety…Once Hans was a target, he remembered another skill he had picked up at level 30 in ‘World of Warcraft’ – he feigned death.“

Anyone who’s pugged more than twice in WoW knows the phenomenon of the “huntard” — the little kid who’s not-so-adept at handling his character (almost invariably hunters, and beast-master hunters at that.) Well, it’s not this kid: A 12-year-old Norwegian boy saves his sister from a moose by employing WoW tactics. (And if he managed to Tame Beast I’d be really impressed.)

Souter: “A Pantheon of Values.”


“A choice may have to be made, not because language is vague but because the Constitution embodies the desire of the American people, like most people, to have things both ways. We want order and security, and we want liberty. And we want not only liberty but equality as well. These paired desires of ours can clash, and when they do a court is forced to choose between them, between one constitutional good and another one. The court has to decide which of our approved desires has the better claim, right here, right now, and a court has to do more than read fairly when it makes this kind of choice.“

In his commencement speech at Harvard over the weekend, former Justice David Souter lays out his judicial philosophy, and thumbs his nose at the originalists he recently sat alongside. “The meaning of facts arises elsewhere and its judicial perception turns on the experience of the judges, and on their ability to think from a point of view different from their own. Meaning comes from the capacity to see what is not in some simple, objective sense there on the printed page.” (Found by way of Politics Daily’s Andrew Cohen, who gushes about the speech here.)

Krugman: Enough with the Deficit Panic.

“What’s the greatest threat to our still-fragile economic recovery? Dangers abound, of course. But what I currently find most ominous is the spread of a destructive idea: the view that now, less than a year into a weak recovery from the worst slump since World War II, is the time for policy makers to stop helping the jobless and start inflicting pain.” The NYT’s Paul Krugman weighs in on the deficit hysteria afflicting Washington right now. Honestly, this is Keynes 101, people — you don’t dial back government spending at a moment of incipient recovery, or else you end up with things like the 1937 Roosevelt Recession.

FWIW, the deficit witchhunt may be rolling in DC, but the bond markets aren’t listening. “On Friday, they were willing to hand over their cash to the Treasury for 10 years for 3.3 percent interest, a level so low it implies they consider the United States among the safest investments in the world.“

“The Beast” is not contained.

“The relationship between the federal government and the oil company has been an awkward collaboration all along — “We have them by the neck,” Interior Secretary Ken Salazar said of BP in congressional testimony last week — but it reached a turning point Monday when the administration said it no longer wants to share a podium with BP at the daily briefing in Louisiana. Instead, the national incident commander, Coast Guard Adm. Thad W. Allen, will give a solo briefing wherever he happens to be.“

With “Top Kill” a failure, the way forward murky, the environmental impact likely irrevocable, and oil still flowing into the Gulf at a rate three times what BP tried to spin, the Obama administration begins to move toward a more confrontational footing, including having Attorney General Holder look into a possible criminal investigation. Yeah, I’d say there’s a case there. And it’d be a much better use of Justice’s time than its flat-out reprehensible war on whistleblowers. (Aquaman cover via Graphic Policy. And Spongebob fared little better.)

Update 2: “‘We will prosecute to the fullest extent of the law, anyone who has violated the law,’ Holder said. ‘This disaster is nothing less than a tragedy.’” I’m all for it — Let’s get some accountability here for once. But, hey, you know what else is a tragedy? Torture. And you know what else? Indefinite detentions. And you know what else? The fraud-fueled Wall St. meltdown. As I noted above, the only folks this Justice Dept. seems to have been cracking down on so far, in full defiance of 2008 campaign promises about transparency, are whistleblowers. Their priorities have seemed awfully screwed-up thus far, to say the least.

A Revolutionary Dancer?

“She knew that her husband was gun-running, she knew that he was accompanied by rebels and at one point she used her yacht to decoy government boats and aircraft away from the direction which her husband was taking.” The Dancer Upstairs? Newly-released documents suggest ballerina legend Margot Fonteyn was more active in a failed Panamanian coup than anyone knew at the time. Said Foreign Office Minister John Profumo (later of the Profumo scandal): “I had to pinch myself several times during her visit to be sure I wasn’t dreaming the comic opera story which she unfolded.”

Pilgrim’s Progress.

After some wrangling on Facebook, the second trailer for Edgar Wright’s Scott Pilgrim vs. the World is now live. Michael Cera, is, for better or worse, Michael Cera, Mary Elizabeth Winstead and her great big googly-eyes still seem pitch-perfect for Romana Flowers, and Chris Evans especially makes for an apt evil-ex. (Also along for the ride: Anna Kendrick, Kieran Culkin, Allison Pill, Brandon Routh and Jason Schwartzman.) Looks like it probably goes overboard on the geek wish-fulfillment, but I’m in. Update: Here are a few comic panel comparisons.

Out of the Frying Pan, into the Fire.


“In light of ongoing delays in the setting of a start date for filming The Hobbit, I am faced with the hardest decision of my life. After nearly two years of living, breathing and designing a world as rich as Tolkien’s Middle Earth, I must, with great regret, take leave from helming these wonderful pictures.“

As a result of the continuing fiasco at MGM (complicating any projects moving forward), Guillermo del Toro leaves The Hobbit. FWIW, the project is still moving forward, with Del Toro still writing the scripts with the LotR team and Peter Jackson saying he’ll direct if it comes down to it.

Del Toro’s leaving is unfortunate, but it sounds like the films are far enough along in pre-production already that they’ll carry some of his vision and ingenuity regardless. Still, this brings us back to 2007…Sam Raimi? Alfonso Cuaron? Peter Weir? Neil Blomkamp?

Nothing New Under the Burning Sun.

“‘This world is a strange madhouse. Currently, every coachman and every waiter is debating whether relativity theory is correct. Belief in this matter depends on political party affiliation.’ So wrote Albert Einstein in a letter to his one time collaborator, the mathematician Marcel Grossmann in 1920.“

A recent history-of-science paper by a Jeroen van Dongen of Utrecht University looks into the anti-relativity theory movement of the 1920’s, and how it compares to today’s climate change denialism. “Anti-relativists were convinced that their opinions were being suppressed. Indeed, many believed that conspiracies were at work that thwarted the promotion of their ideas.” (See also: Evolution and Scopes.)