The government can be sued for warrantless wiretapping. The telecom companies can't.

LA Times:

Residential telephone customers can sue the government for allegedly eavesdropping on their private communications in a warrantless "dragnet of ordinary Americans," a federal appeals court ruled Thursday.

The three-judge panel of the U.S. 9th Circuit Court of Appeals, however, upheld dismissal of other cases that sought to hold the telecommunications companies liable, citing Congress' decision to grant them retroactive immunity.

I'm kinda-sorta OK with this outcome. The telecom companies facilitated the eavesdropping at the government's behest; targeting the companies for their participation was always a way of trying to hold somebody accountable for the government's illegal actions. I'm no fan of big corporations, but if the government that has regulatory power over you prompts you to do something illegal in the name of preventing terrorist attacks—well, I imagine that prompt would be pretty difficult to ignore. The government's responsible here; let's hold the government accountable.

That said, remember: Then-Senator Obama voted to give the telecoms immunity. It was an early indication that maybe he wasn't quite as committed to the civil liberties cause as we hoped.

The Charlie Savage survey: Treaties are law

The New York Times' Charlie Savage is an essential reporter on issues of presidential power. He does us all a great service today by surveying the presidential candidates about their views of such power. (President Obama—who answered Savage's 2008 survey, declined to answer; so did Rick Santorum and Michele Bachmann.) I'll be dipping in and out of the questions today with an observation or two.

Like this one. Savage asked: "Under what circumstances, if any, is the president, when operating overseas as commander-in-chief, free to disregard treaties to which the United States is a party?"

There are some bullshit evasions. (Rick Perry: “'Disregard' is a vague and subjective term.") Outside of Ron Paul—who will get his own blog post on this matter—Mitt Romney offers the most cogent answer:

The president’s most important obligation is to protect the United States in a manner consistent with the Constitution and U.S. law. The president should also heed binding international agreements, so long as those agreements do not impinge upon the president’s constitutional duties or authorities granted by applicable statute.

The suggestion here is that the United States' international treaties are subordinate to domestic law. Which sounds reasonable, except for one thing: The United States treaties are binding law.

That's what the Constitution says, in Article VI:

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Treaties aren't lesser-than, under the Constitution: They're the "supreme law of the land." It's possible for both laws to conflict, or to be un-Constitutional. But for a president to disregard a treaty means that he's ignoring the judgement of (probably) both a predecessor president and two-thirds of the Senate that the treaty was constitutional and appropriate. To quietly ignore a treaty—as the Bush Administration did when it tortured terrorist suspects—is to quietly break the law. Romney's answer elides that important truth.

The payroll tax cut really worries me

For the first time in the program’s history, tens of billions of dollars from the government’s general pool of revenue are being funneled to the Social Security trust fund to make up for the revenue lost to the tax cut. Roughly $110 billion will be automatically shifted from the Treasury to the trust fund to cover this year’s cut, according to the Social Security Board of Trustees. An additional $19 billion, it is estimated, will be necessary to pay for the two-month extension.

The tax cut is supposed to be temporary. But as squabbles over this issue and the Bush tax cuts have revealed, short-term tax cuts in Washington have a way of sticking around longer than planned, especially as economic growth remains slow and lawmakers are wary of raising anyone’s tax bill.

The prospect of policymakers continually turning to the payroll tax as a way of providing economic stimulus troubles experts, some lawmakers and both public trustees of the Social Security trust fund. Their concern: that Social Security will lose its status as a protected benefit owed to every working American and instead become politically vulnerable, just like any other government program.

via washingtonpost.com

Hey, I'm really glad to have the extra money, I won't lie. But I will be very, very, very sad if there's no Social Security someday. More sad then, I think, than glad now. So I'm willing to accept the pay cut.

Today in Philadelphia police corruption

ANTHONY MAGSAM, a Philadelphia police officer who has been at the center of a long-running Internal Affairs investigation, resigned from the force earlier this week.

The Daily News first reported in August that Magsam, 30, had allegedly stolen automatic weapon parts from the department's Firearms Identification Unit while he was working in the unit in 2009.

Numerous police sources with direct knowledge of the incident said Magsam had confessed when he was confronted by colleagues and returned the parts.

The alleged crime was never reported to higher-ups, however.

via philly.com

When did Matt Taibbi start writing for National Review?

He hasn't. But Kevin Williamson's piece on the nexus of Wall Street and Washington is devastatingly reminiscent of Taibbi's Rolling Stone reportage, albeit from a right-of-center point of view. Here's a sample slice:

When President Obama opined during his 2011 State of the Union speech that a corporate tax-rate cut might be just the thing for America after a year of record corporate profits, his left-wing base was shocked and dismayed. Heck, some conservatives were caught offguard, too. Perhaps they hadn’t noticed who was running the Obama administration: In large part, the same guys who plan to be running the next Republican administration.

#ad#Barack Obama (Nasdaq: bho) has been a pretty good buy for Goldman Sachs et al. Sure, the Frank-Dodd financial-reform bill is going to be a sharp pain in Wall Street’s pinstriped posterior, and it’s going to cost some moneymen some money, but not enough that anybody’s going to be out a champagne saber. Mostly, Big Business has got just what it wanted from the Big Government guys in the Obama administration: Frank-Dodd did not do much of anything to lift the cloud of opacity over the world of structured finance, which is what the investment bankers feared most. President Obama has made some noises about ending the carried-interest treatment that allows the fine fellows who run private-equity funds to pay 15 percent in taxes on their gazillion-dollar take-homes instead of 35 percent, but the private-equity guys know that isn’t going to happen, mostly because they’ve heard this story before, from Senator Schumer, and they recognize it for what it is: an inelegant appeal for campaign donations. Beyond Wall Street proper, your Fortune 500 types are looking at the many-splendored tax credits and subsidies and grants and stimulus dollars lavished upon firms such as the now-defunct Solyndra and the really-should-have-been-defunct General Electric and wondering: How do I get me some of that?

Williamson points out—to his credit—that the same dynamic would exist under a Mitt Romney administration. He doesn't name a GOP candidate who might change things.

Ralph Nader rose to spoiler status in 2000 because many liberals believed Bill Clinton had dragged the party into an alliance with Wall Street at the expense of workers and the poor. Twelve years later, not much has changed in that regard: President Obama's Kansas speech was remarkable both for its populist rhetoric and its absence of any specific measures to make good on the rhetoric. If you don't trust the parties not to sell you out, and if you think the Occupy Wall Streeters are too stinky or radical, where do you go? What do you do? Who represents your interests?

Mitt Romney for president. Sort of.

The Iowa caucuses are around the corner. In this week's Scripps Howard column, Ben and I try to weigh which candidate would be best for America. My take:

Asking a liberal which Republican they favor in 2012 is like choosing one's favorite flavor of arsenic: You have options, but none will go down very well. Nobody in the field seems likely to attract many Democratic votes in November.

As an American, though, I want to see the GOP put its best and most-qualified candidate forward to challenge President Barack Obama. And that candidate is former Massachusetts Gov. Mitt Romney.

Rep. Ron Paul of Texas might be appealing on civil liberties, but he also appeals too much to racists and conspiracy-mongers. Former Pennsylvania Sen. Rick Santorum and Minnesota Rep. Michele Bachmann are so retrograde on social issues they don't deserve consideration. Texas Gov. Rick Perry isn't bright, and former House Speaker Newt Gingrich is Newt Gingrich. Former Utah Gov. Jon Huntsman is Romney without the electoral support. So that leaves us with Romney.

Understand: Liberals aren't -- and shouldn't be -- happy with the way that Romney has distorted Obama's record on the issues. The former Massachusetts governor has suggested the president has been on an "apology tour," asking forgiveness for the country's sins. Romney has shifted right on issues like gay civil liberties and abortion rights, in a transparent act of pandering to the GOP base. As a politician, there's not much to like.

But the presidency isn't merely politics. It's governance. Romney probably wouldn't govern the country in a manner that liberals like, but his record suggests that -- unlike the Tea Party Movement activists who comprise much of the Republican base -- Romney actually believes that government can occasionally solve problems. More broadly, his own history suggests that he is a problem solver.

That's how he passed Massachusetts' health care law -- once a model for conservatives, until Obama emulated it. And it's an approach likely to produce better results for the American people than all the "government is the problem" bumper stickers the rest of the GOP field can supply. Romney, then, is the least-bad choice.

Ben weighs in for Rick Perry. Which, honestly, I find too disappointing for words.

Thank you, readers

Sometime overnight, December 2011 became the highest-trafficked month in the history of this blog. That's even though the last week of the month has been a holiday period, in which my writing and your readership inevitably decline. I'll skip numbers: Suffice it to say the blog is still small—I'm not doing Andrew Sullivan numbers, clearly—but that it's not tiny anymore. And it continues to grow.

I'll keep doing what I do in 2012: Read, try to learn, and occasionally embarrass myself with wrongheaded opining. Thanks for reading.