-Caveat Lector-

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Impeached POTUS

A Difficult Spell on Capitol Hill

by Mark Steyn

OUTSIDE Monica's and my hotel, the first demonstration of this trial is
going on - from a pro-intern group waving a placard saying "Hounded From
Day One". As a sign of solidarity, they've adopted the same spelling
standards Monica demonstrated in her Revlon job application and are
accusing the Republicans of "Hypocricy".
"You've got 'hypocrisy' wrong," I tell the large African-American woman
in front of me.

"I know hypocrisy when I see it," she says.

"No, no. I mean you've mis-spelt it."

"Says who?"

"Says the dictionary."

"Says your dictionary."

Ah, the old Clinton defence: I'm obviously using a partisan dictionary;
it depends what the spelling of the word "is" is. But then right from
the start this trial has been characterised by shoddy spelling. Back
when the senators first signed their solemn oath to administer
"impartial justice", they were given the federal government equivalent
of a Crackerjack pencil - a souvenir ballpoint pen emblazoned with the
words "Untied States Senator". That's right: not "United", but "Untied"
- as if they'd all been called out of a bipartisan bondage session in
the Capitol basement.

The question was whether the senators could really be untied - from
their party caucuses - and do impartial justice as independent jurors.
But one by one the chickens have all come home to their Democrat roost.
Senators Joe Lieberman, Bob Kerrey and Pat Moynihan, all of whom spoke
out against the President, have fallen into line. Fritz Hollings, the
junior senator from South Carolina, was also tipped as a possible
defector: he's assumed to loathe Mr Clinton, mainly on the grounds that
he loathes everybody else.

Now Senator Hollings, in his stately Southern drawl, has pronounced:
"Theah ox is ean theah ditch." The ox is presumably the House managers'
case, not the President, who is, um, the bull and is back in the cowshed
with the milkmaid. But, if the House case is in the ditch, then why not
just leave it there?

Still, Democratic senators insist that the Clinton defence has been
"compelling". In case you've forgotten what it was, here's a summary:

a) The President was telling the truth when he denied that he'd lied
about whether he told the truth.

b) It would do grave damage to the dignity and solemnity of The World's
Greatest Deliberative Body for senators to discuss oral sex in the well
of the chamber. Senators should only discuss oral sex in the well of
their massage parlour.

c) Our defence team has a person of colour (African-American Cheryl
Mills, also a person of gender), a person of disability
(wheelchair-bound Charles Ruff) and a person of hogwash (authentic
Arkansas swamp-gibberish-bound Dale Bumpers): we look like America. The
prosecution look like uptight, sexually repressed, Rotarian nerds.

To counter this compelling defence, the House managers have resorted to
desperate measures. Late on Sunday I was startled to see Representatives
Asa Hutchinson and Ed Bryant come by in open-necked shirts and roll-neck
cardigans to interview Monica. Monica was unimpressed, accustomed as she
is to meeting government officials in open-zipped trousers.

Out on the street, the world's press waits for Monica. Methinks she'll
use the convenient, no-fuss, express check-out. Unfortunately for
senators, the impeachment clause of the US Constitution has no express
check-out.

The London Telegraph, Jan. 26, 1999


Impeached POTUS

That Was a Trial?

Of course he's guilty

Solons and pundits have recently spent a lot of time plumbing the
Constitutional phrase "high crimes and misdemeanors." It seems they
should instead have been trying to discern how the Founding Fathers
understood the verb "to try," as in Article I, Section 3, which gives
the Senate "sole Power to try all Impeachments." The proceedings that
have so far taken place in the Senate have been theatrical and sometimes
illuminating, but have had only a passing resemblance to a trial.
When in the two centuries since Blackstone, in particular, has anyone
held a trial with rules that outlaw witnesses? The World's Greatest
Deliberative Body is now bending itself out of shape debating whether
it's kosher for prosecutors even to talk to witnesses. The Democrats are
transparently disingenuous, while Republicans as usual cower behind
their majority. At least we have Henry Hyde (see alongside) to point out
that the emperor has no clothes. The issue of the moment is whether
Trent Lott, Orrin Hatch and the rest can summon themselves to do what
the Constitution, universal practice and common sense make obvious.

It is of course equally obvious that the President is guilty as charged.
White House lawyers headed by Counsel Charles Ruff have been skillful in
their nit-picking. They complain that the prosecution keeps changing its
mind about which of the President's manifold perjuries it wants to
discuss. They invent serial excuses for a pattern of obstruction. In the
alternative reality they have constructed false affidavits appear by
immaculate conception, and the President "refreshes his memory" by
repeating a series of self-serving lies to Betty Currie. And somehow the
President discussed gifts with Monica Lewinsky, but never enlisted in
the conspiracy that led her and Betty Currie to hide subpoenaed evidence
under a bed. It is mere happenstance that the sole beneficiary of all
this obstruction was Bill Clinton.

Article One of the impeachment resolution charges President Clinton with
lying to the grand jury about "the nature and details" of his
relationship with Ms. Lewinsky. For openers, in his prepared statement,
he testified, "I regret that what began as a friendship came to include
this conduct." Some friendship. By Ms. Lewinsky's testimony, it was only
a matter of hours after their first encounter that the President of the
United States had the 21-year-old intern in the Oval Office performing a
sexual act on him. Months into their "friendship," Ms. Lewinsky was
still uncertain if he even knew her name.

Article Two charges the President with obstructing justice. Of course he
did not explicitly tell Ms. Lewinsky to lie. He only encouraged her to
file a false affidavit and give false testimony in the Jones suit, and
supported the scheme to conceal the subpoenaed gifts. He allowed his
attorney to make a false and misleading statement to a Federal judge
characterizing an affidavit. Clearly he secured job assistance for Ms.
Lewinsky to prevent her truthful testimony; how many job-seeking
twenty-somethings meet with the U.N. ambassador at his suite at the
Watergate for a job interview ?

After his own deposition in the Jones case, Mr. Clinton summoned Betty
Currie to an unusual Sunday session at the White House, asking her
rhetorical questions: "I was never really alone with Monica, right?" and
"Monica came on to me and I never touched her, right?" The repetition of
what the President knew to be falsehoods can have no other purpose than
tampering with a witness. For all the haggling over details, Mr.
Clinton, like Richard Nixon before him, was at the heart of a concerted
effort to obstruct justice.

The remaining issue, of course, is what to do about this. There is
indeed a sense in which witnesses are not needed. The logical procedure
would be to enter a summary judgment that the President is guilty of
perjury and obstruction, and proceed to the debate over whether
Presidential felonies are grounds for "overturning" an election now as
we did in 1974. The need for witnesses arises only because the President
continues to dispute each charge; Mr. Ruff was hilarious arguing that
the payment of $850,000 to Paula Jones does not allow us to infer that
the President indeed tried to do with her precisely what he admits he
did with Ms. Lewinsky. If the President continues to assert his
innocence on perjury and obstruction, let him come personally to assert
it before 100 Senators.

Summary judgment against the President, however, is far from what anyone
has in mind. Instead we get Senator Robert Byrd's uncharacteristically
slimy motion to end the proceedings without ever taking a stand on the
merits. It is not Bobby Byrd who wants to let the President off, it's
all those other guys who will never convict him, so forget it. Position
and power without responsibility or accountability--the essence of what
passes for politics today. Senator Byrd's motion at least puts to the
test whether his Republican colleagues are serious.

Senator Byrd, like others, professes to believe that dismissal would
"promptly end this sad and sorry time for our country" and begin a
"process of healing." What planet have such people been living on these
past six years? This is not a matter of a President happening to fall
for a 21-year-old temptress, but an ingrained habit of lying. Bill
Clinton conducts politics at the level he does because it has never
occurred to him to do otherwise--lying to Colonel Holmes to launch his
career and lying to the American people to save it. His entire
Presidency has been bent to obstructing justice, from barring Justice
lawyers from Vincent Foster's office after his death to resisting, as
droves of witnesses flee the country or hide behind the Fifth Amendment,
an independent counsel on using illegal Chinese money to win the last
Presidential election.

The notion of mutual healing is nowhere in sight. It is not as if the
President were joining Senator Byrd's own call to follow the law with
regard to the Vacancies Act, or offering to put the Justice Department
in the hands of some clearly impartial trustee for the next two years.
Instead, Mr. Clinton would spin dismissal as a vindication and move
brazenly on to new heights of arrogance. He would beat his bongo drums
and, say, turn the Justice Department over to the tort lawyers.
Judiciary Chairman Hatch would mumble a few words of opposition and cave
as he repeatedly has.

Even Republicans such as Senator Sam Brownback are saying, "the biggest
comment I get from people in Kansas is: 'Get it over with!'" This goal
is of course laudable, but the Senate will end nothing by sweeping the
current mess under the rug. It has to go to the source of the problem,
which is not the House managers or Kenneth Starr or a "vast right-wing
conspiracy." The source lies in the psyche and personality of William
Jefferson Clinton; there is only one way the Senate can promptly put
"it" behind us. To wit, render an impeachment conviction and hope that
President Gore will abide by our laws.

The Wall Street Journal, Jan. 25, 1999


The Polls Are Rigged

Supreme Court Rejects Sampling for 2000 Census

Plot to manipulate votes fails

WASHINGTON -- The 2000 census cannot be adjusted through statistical
methods to make up for an expected undercount of minorities, the Supreme
Court said on Monday. The ruling means the head count will be conducted
the traditional way.
The federal census law bars use of statistical methods intended to make
the national population count more nearly accurate for deciding how many
members of the House of Representatives each state gets, the justices
said. The 5-4 ruling could have a major effect on money and votes
nationwide.

Republicans had fought the Clinton administration's sampling plan as a
threat to their control of Congress.

The law ``directly prohibits the use of sampling in the determination of
population for purposes of apportionment,'' Justice Sandra Day O'Connor
wrote for the court.

When the census law was amended in 1976, ``At no point ... did a single
member of Congress suggest that the amendments would so fundamentally
change the manner in which the (Census) Bureau could calculate the
population for purposes of apportionment,'' O'Connor wrote.

O'Connor said ``it tests the limits of reason'' to suggest that Congress
would have been silent in enacting ``what would arguably be the single
most significant change in the method of conducting the decennial census
since its inception.''

House Speaker Dennis Hastert, R-Ill., said, ``The Supreme Court today
reaffirmed a basic constitutional principle. The census must not be a
poll and everyone must be counted.''

Adjusting the census likely would have helped Democrats because
minorities and inner-city residents, who tend to vote Democratic, made
up a large share of the estimated 4 million people missed by the 1990
count.

Republicans oppose adjusting the numbers to make up for that undercount
because people who tend to vote Republican also are more likely to
voluntarily respond to the census.

In other action, the court:

--Reinstated federal rules aimed at quickly opening the $110 billion
local telephone market to competition.

--Killed a lawsuit by five retired employees of Hughes Aircraft Co. over
what they say was a $1.2 billion surplus in the company's contributory
pension plan. That could affect 33 million workers and retirees who
participate in defined-benefit pension plans.

--Agreed to review a ruling that struck down Missouri's limit on
campaign contributions as free-speech violations.

Joining O'Connor's decision that adjusting the census figures is
unlawful were Chief Justice William H. Rehnquist and Justices Antonin
Scalia, Anthony M. Kennedy and Clarence Thomas.

Dissenting were Justices John Paul Stevens, David H. Souter, Ruth Bader
Ginsburg and Stephen G. Breyer, who said the federal census law did not
bar the government from adjusting the figures.

Census counts have been imperfect since Thomas Jefferson oversaw the
first one in 1790. All sides acknowledge that census-takers cannot
expect to find every American.

At issue in today's case was whether the government may use modern
statistical knowledge to estimate how many people were missed.

The Constitution requires an ``actual enumeration'' of the nation's
population every 10 years to help divide the 435 members of the House of
Representatives among the states. Census figures also are used to draw
congressional, state and local voting districts, and to hand out $180
billion in federal funds each year.

Two lower courts ruled the government's proposal unlawful last year,
saying a federal census law barred adjustment of census figures used for
dividing the House members among the states.

Clinton administration lawyers contended the government has estimated at
least part of the population in each census since 1940, but acknowledged
the new plan was a significant change.

The House Republicans' lawyers said the Constitution and federal census
law allow only a one-by-one head count.

O'Connor said that because the census law barred the use of statistical
sampling, the high court was not deciding whether such methods would
violate the Constitution's ``actual enumeration'' language.

The government's census plans were challenged by taxpayers in six states
-- Connecticut, Massachusetts, Minnesota, Missouri, Pennsylvania and
Wisconsin -- who said adjusting the census would cost them federal money
and political power.

House Republicans also sued, saying the Constitution and federal census
law allow only a one-by-one head count.

The Supreme Court said the taxpayers had legal standing to sue, and
today's ruling was based on their case. The Republicans' appeal was
dismissed.

The high court had aimed for an early decision in the case to give the
government time to plan for the census, scheduled for April 1, 2000.

The census is conducted by mail, and about two-thirds of Americans
return their forms. Census workers then begin knocking on doors to find
the rest, but that does not always work.

The Clinton administration's plan would use those traditional methods to
find 90 percent of Americans, then use a separate survey of 750,000
people across the country as a ``quality check'' to decide where people
were overcounted or undercounted.

Three years ago, the Supreme Court ruled the Bush administration could
decide not to adjust the 1990 census figures even though a
disproportionate share of those undercounted were minorities.

Today, the high court said the Clinton administration cannot decide to
adjust the figures when it wants to.

Because today's ruling only bars the use of adjusted census figures for
allocating House members among the states, the government might still be
able to use adjusted numbers for drawing election districts and doling
out federal aid. However, Congress could refuse to pay for creating a
second set of figures for those purposes.

In dissent, Stevens said the census law allows statistical adjustment of
the numbers.

``Since it is perfectly clear that the use of sampling will make the
census more accurate ... the proposed method is a legitimate means of
making the 'actual enumeration' that the Constitution commands,'' he
wrote.

The cases are Department of Commerce vs. House of Representatives,
98-404, and Clinton vs. Glavin, 98-564.

The New York Times, Jan. 26, 1999


Information SuperSpyWay

Intel Alters Plan to Spy on Chip Customers

Buy our chips, you get numbered

Intel Corp. backed away on Monday from a plan to embed an identifying
signature in its next generation of computer chips, bowing to protests
that the technology would compromise the privacy of users.
Intel, which makes about 85 percent of the world's computer processors,
announced last week that each of its new Pentium III chips would have an
identifying serial number that would enhance the security of electronic
commerce and guard against software piracy.

But advocacy groups said they feared it would mark a further erosion of
anonymity on the Internet and would allow companies to collect detailed
profiles of consumers, which could then be resold.

On Monday, Intel said it would modify the identification system in the
new chips so that it is automatically disabled unless the computer user
voluntarily turns it on. The company said it would also offer free
software to allow customers to turn off the feature permanently.

"We've always understood that there are security questions that get
raised when someone is providing identification in a transaction," Tom
Waldrop, an Intel spokesman, said in explaining the reversal. "Whether
an individual is showing a driver's license of handing over a credit
card number, it always raises a privacy question. We have done things to
address that. You have to weigh the positive value of having more
secured Internet transactions, more secure electronic commerce, against
any privacy concerns."

Marc Rotenberg, executive director of the Electronic Privacy Information
Center, a privacy advocacy group in Washington, D.C., which had called
for a boycott of the new chip, said, "It looks like we won Round 1." But
he said much more needed to be done.

"It's a temporary fix, he said. "It can be as easily disabled as
enabled. There's not enough assurance here that the chip will not be
misused."

Intel said it would continue to work with consumer groups to allay fears
about the new chip.

Intel, the world's largest chipmaker, with $26.2 billion in sales last
year, said the chip signature was intended to promote the growth of
electronic commerce by giving companies a better way to verify the
identities of their customers. It said the feature could also be used to
avoid piracy by preventing a single copy of a software program from
being installed on several machines.

But after Intel last week announced plans to include the identification
technology in its Pentium III chips, which are due for release in a few
months, a furor ensued.

Junkbusters, a high-tech lobbying group based in Green Brook, N.J., said
in a statement on its Web site: "Intel's proposal to put a unique ID
code inside of every computer it sells will significantly reduce the
level of privacy available to computer users around the world. The
unique code will make possible far more extensive tracking and profiling
of individual activity, without either the knowledge or consent of the
user."

On Friday, Rep. Edward Markey, the senior Democrat on the House consumer
protection subcommittee, wrote a letter to Intel's chief executive,
Craig Barrett, asking that the company reconsider its plans, "to better
balance both commercial and privacy objectives."

Markey said he understood the technology's implications for online
commerce, where the anonymity of the Internet can encourage fraud. But
he expressed concern that it would also help online marketers
surreptitiously track consumers on the Web.

"Intel's new product improves technology for online commerce in a way
that compromises personal privacy," Markey wrote.

The skirmish over the Pentium III is the latest front in the struggle
between security and privacy on the Internet. Earlier rounds have
focused on the use of an identifying mechanism called "cookies," which
enable Web sites to write information onto a computer's hard drive that
could serve to identify the computer user on future visits. Many Web
sites now require users to accept a cookie as a condition of entry. But
unlike cookies, which are contained in a text file that can be altered
or deleted by the user, the Pentium III signature would be a part of the
hardware.

In its effort to reassure consumers, Intel said it would not maintain a
master database of consumer names matched to Pentium serial numbers. The
company said it would also encourage Web sites and software programmers
to warn consumers whenever the serial number is retrieved.

While much of the privacy debate has focused on how online marketers and
companies collect personal information, the new technology also raises
concerns about whether it could be used by law enforcement officials and
governments.

"We've always thought that in this debate over authentication,
governments would like more rather than less," Rotenberg said. "This is
the flip side of anonymity, and governments are pushing for
authentication. So there are some real concerns about government
control."

The dispute erupted at an awkward time for the Clinton administration,
which has for months been trying to convince the European Union that
American companies are doing enough to protect consumer privacy on line.


In October, the European Union enacted a tough privacy law that
prohibits companies doing business in its 15-member countries from
disclosing personal information about customers without their consent.
Rather than pass a law adopting the European Union requirements, the
Clinton administration has been pushing online marketers and merchants
to adopt self-regulatory models for protecting consumers on line. But it
has had a tough time selling that approach as adequate to the European
Union, although the union has delayed sanctions against the United
States while negotiations continue.

Gary Clayton, counsel and senior privacy analyst for Stone Investments,
a technology investment firm based in Dallas, said that while there are
some legitimate privacy concerns with the new technology, "this is
designed to actually protect people from something privacy advocates
have been talking about, which is theft of personal information and
fraud."

New York Times, Jan. 26, 1999
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Aloha, He'Ping,
Om, Shalom, Salaam.
Em Hotep, Peace Be,
Omnia Bona Bonis,
All My Relations.
Adieu, Adios, Aloha.
Amen.
Roads End
Kris

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