By Stephen Lee
"Elevate[s] TV from mere boob tube to a source of thoughtful discussion" - Yahoo!
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Footnotes for The Colbert Report



October 31, 2005 (Guest: Monica Crowley) (back to top)
>* Libby Indictment. I. Lewis "Scooter" Libby was indicted on October 28, 2005 on five counts relating to giving false information in the investigation regarding the leak of an undercover CIA agent who is married to a critic of the Bush administration. Libby had served as Chief of Staff to Vice President Dick Cheney, Assistant to the President, and as Assistant to the Vice President for National Security Affairs since Bush's first inauguration; he resigned upon being indicted.

The Libby indictment (on-line here) is the first in the nearly two-year investigation by Special Counsel Patrick Fitzgerald, which initially focused on whether anyone had committed a criminal act in leaking Valerie Plame's identity to reporters in or around July 2003.

According to the October 28 indictment, Libby told federal investigators on two occasions and federal grand jurors on two other occasions that he had learned about Plame's status as a CIA agent from Tim Russert of NBC News in a July 10, 2003 conversation. Libby allegedly told the investigators and the grand jurors on all these occasions that Russert's information had come as a surprise and that Russert had said that many reporters had heard this information.

However, according to the indictment, Libby did not discuss Wilson's wife with Russert during their July 10 conversation. According to the indictment, Libby actually had learned about and had discussed Plame's status on several occasions in June 2003 and earlier in July.

  • June 11 or 12, 2003: Libby was told by an Under Secretary of State that Wilson's wife worked for the CIA and that she might have been involved in planning Wilson's trip to Niger.

  • June 11, 2003: Libby was told by a CIA senior officer that Wilson's wife worked for the CIA and was believed to have been involved in sending Wilson to Niger.

  • June 12, 2003: Libby was told by Dick Cheney that Wilson's wife worked at the CIA.

  • June 23, 2003: Libby told Judith Miller of the New York Times that Wilson's wife might work for the CIA.

  • July 7, 2003: Libby told White House press secretary Ari Fleischer that Wilson's wife worked for the CIA.

  • July 8, 2003: Libby told Judith Miller that he believed Wilson's wife worked for the CIA.

According to the indictment, Libby also lied when he told investigators and grand jurors that he had told Matthew Cooper of Time on July 12 that reporters were saying that Wilson's wife worked for the CIA but that he did not know whether that was true. According to the indictment, Libby actually told Cooper "without elaboration or qualification" that he had heard that Wilson's wife was involved in sending Wilson to Niger.

Libby was indicted for (1) obstructing justice by impeding the grand jury's investigation, (2) lying to FBI agents in late 2003 regarding his July 10 conservation with Russert, (3) lying to FBI agents in late 2003 regarding his July 12 conversation with Matthew Cooper, (4) lying to grand jurors regarding his July 10 conversation with Russert, and (5) committing perjury before the grand jury by lying about his conversation with Cooper and with reporters. If convicted, Libby faces up to 30 years in prison and a $1.25 million fine.

Cheney said in a statement (on-line here) that he accepted Libby's resignation "with deep regret" and that Libby was "one of the most capable and talented individuals I have ever known. He has given many years of his life to public service and has served our nation tirelessly and with great distinction." Bush said (on-line here) that Libby "has worked tirelessly on behalf of the American people and sacrificed much in the service to this country. He served the Vice President and me through extraordinary times in our nation's history." Both emphasized in their respective statements that Libby was presumed innocent until found guilty.

For more, go here.
>* Reference to Karl Rove, Leak. Notably, the October 28, 2005 indictment of I. Lewis Libby (on-line here) does not identify who provided the information about CIA agent Valerie Plame to conservative columnist Robert Novak in July 2003. It does say that Libby spoke on July 10 or 11 to a "senior official in the White House ("Official A") who advised Libby of a conservation Official A had earlier that week with columnist Robert Novak in which Wilson's wife was discussed as a CIA employee involved in Wilson's trip. Libby was advised by Official A that Novak would be writing a story about Wilson's wife."

This senior official may be White House advisor Karl Rove. Matthew Cooper of Time has said that he discussed Wilson's wife with Rove on July 11. Moreover, White House spokesman Scott McClellan, who said on September 29, 2003 that the idea that Rove was the leak was a "ridiculous suggestion" (transcript on-line here) and who said on October 10, 2003 that Rove had provided assurances that he was not involved (transcript on-line here), declined in July 2005 press conferences to answer questions on Rove or to back up his prior statements, saying on July 12 (on-line here) that it was "not the appropriate time to talk about those questions while the investigation is continuing."

Whether this senior official committed a crime is unclear and depends on the state of knowledge of that official at the time. Under 50 USC 421(b) (on-line here), "[w]hoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both."
>* The Word: Alito. President George W. Bush nominated Judge Samuel A. Alito, Jr. on October 31 to fill the Supreme Court position held by Sandra Day O'Connor, the post that Harriet Miers had been nominated for before she withdrew her nomination. Alito was a federal prosecutor, argued 12 cases on behalf of the federal government in the Supreme Court, and has served as a judge on the Third Circuit Court of Appeals (covering Pennsylvania, New Jersey and Delaware) for 15 years. A transcript of the announcement is on-line here and a White House fact sheet on Alito is on-line here.

The Alito nomination is likely to be controversial, given Alito's conservative reputation. Senate Minority Leader Harry Reid (D-Nevada), who cited Alito on October 30 as someone Bush should not nominate, said in an Oct. 31 statement (on-line here) that he was "disappointed" in the nomination because Bush had not consulted with Senate democrats and had did not add to the diversity of the Supreme Court. "I look forward to meeting Judge Alito and learning why those who want to pack the Court with judicial activists are so much more enthusiastic about him than they were about Harriet Miers," Reid said.

As noted, Alito is the third nomination since Sandra Day O'Connor announced on July 1 her intent to retire once her successor was confirmed. Bush nominated Judge John G. Roberts on July 19 to take O'Connor's place, but withdrew that nomination and re-nominated Roberts to fill William Rehnquist's place as Chief Justice of the Supreme Court after Rehnquist's death on September 3; Roberts was confirmed on September 29. Bush then nominated Harriet Miers on October 3 to replace O'Connor; Miers officially withdrew her nomination on October 27.
>* Stephen Settles the Debate: Ramadan v. Halloween. Wikipedia has information about Ramadan here.


October 27, 2005 (Guest: Jeff Daniels) (back to top)
>NOTE: I actually attended the taping of this episode, along with my wife Helen, my brother, and his girlfriend. It was fun getting to see the show live, though we were somewhat disappointed to find out that the Jeff Daniels interview was pre-taped and that we got to miss Stephen's victory run to the interview table.
>* The Word: Quitter. Supreme Court nominee Harriet Miers officially withdrew her name from consideration on October 27, citing a concern over whether confidential White House materials would have to be disclosed in the process of her confirmation. Miers' nomination had been criticized widely due to concerns over her judicial philosophy and her experience.

"I have steadfastly maintained that the independence of the Executive Branch be preserved and its confidential documents and information not be released to further a confirmation process," Miers wrote in her withdrawal letter (text on-line here). "I feel compelled to adhere to this position, especially related to my own nomination. Protection of the prerogatives of the Executive Branch and continued pursuit of my confirmation are in tension. I have decided that seeking my confirmation should yield."

White House spokesman Scott McClellan said on October 27 (transcript on-line here) that Miers had informed President George W. Bush of her decision around 8:30 pm on October 26 and that she handed him her resignation letter around 8:30 am on the 27th. McClellan said that Miers made the decision herself, that she would continue as White House Counsel, and that she would help Bush select a new nominee, which McClellan said would happen in a "timely" manner. McClellan was asked if Miers was a "stalking horse for an ultra-conservative nominee that will now be named;" he dismissed this as an "interesting conspiracy theory."

President George W. Bush had said previously that he would not provide senators with documents relating to Harriet Miers' work in the White House on the grounds of executive privilege. The heads of the Senate Judiciary Committee had asked Miers last week for more information about her work on constitutional issues in the White House, writing in a letter (on-line here) that she had not provided sufficient information in her written response to a questionnaire.

"I understand and share her concern, however, about the current state of the Supreme Court confirmation process," Bush said about Miers in a statement (on-line here). "It is clear that Senators would not be satisfied until they gained access to internal documents concerning advice provided during her tenure at the White House - disclosures that would undermine a President's ability to receive candid counsel. Harriet Miers' decision demonstrates her deep respect for this essential aspect of the Constitutional separation of powers - and confirms my deep respect and admiration for her."

The Miers nomination had been predicted by some in recent days. McClellan had said several times that the Bush administration expected Miers to be confirmed, including as recently as an October 24 press conference (transcript on-line here). For more, go here.
>* Bookshelf of Broken Dreams. About a quarter of the 157 Supreme Court nominations officially submitted to the U.S. Senate have not resulted in confirmations (see Senate information here), with Harriet Miers the latest to withdraw from consideration. Since World War II, two nominations have been formally rejected by the Senate, two have been withdrawn from consideration, and one (Douglas Ginsburg) was announced but never submitted to the Senate for consideration.

Justice Abe Fortas had served on the court for three years before he was nominated in 1968 to become Chief Justice; he withdrew the nomination after criticism for his position on some legal issues, his continued counseling of the president, and the his acceptance of a lecture fee. Fortas stayed on the court for another year, but resigned in 1969 amidst reports of his receiving a fee and an annual stipend from a convicted financier. Notably, President Richard Nixon made two unsuccessful nominations to replace Fortas before Harry Blackmun was nominated and confirmed.

Judge Robert Bork of the U.S. Court of Appeals was nominated by Ronald Reagan in 1987, but was criticized of being anti-civil rights and was ultimately rejected by the Senate in a 42-58 vote. Reagan then nominated Donald Ginsburg, whose nomination was withdrawn after his past use of marijuana as a law student and professor became public, and finally nominated Anthony Kennedy, who was confirmed without problem, 97-0.
>* Better Know a District. Rep. Barney Frank, who represents the 4th District of Massachusetts, is on-line here.


October 26, 2005 (Guest: Neil deGrasse Tyson) (back to top)
>* Reference to Outsourcing. Concern has grown in recent years about white-collar jobs, especially technology-related jobs, moving overseas to countries such as China and India. The House of Representatives' Small Business Committee held two hearings on the topic in 2003, and top Silicon Valley executives have warned that the software and service industries may go the way of industrial industries in the coming decades. According to a much-cited November 2002 report by the research firm Forrester, the number of US jobs "offshored" is predicted to increase from 400,000 jobs to 3.3 million jobs by 2015, with two-thirds of the loss being from what the Bureau of Labor Statistics defines as office and administrative positions as well as computer and mathematical occupations. Of the total 3.3 million, Forrester reportedly expected that 473,000 jobs from the information technology would go overseas.
>* The Word: Perspective. By some recent counts, the number of U.S. fatalities in Iraq reached 2,000 earlier this week, with more than 1,500 resulting from hostile action and with the vast majority of such deaths from hostile action occurring since the end of "major combat operations" was declared on May 1, 2003. The worst months for U.S. fatalities resulting from hostile action were April 2004 and November 2004, when 126 fatalities resulting from hostile action were reported in each month. More than 1,200 military personnel were wounded in action in each of those months.

The following graphs track the number of U.S. military fatalities and casualties in Iraq since the beginning of the war in March 2003 through mid-October 2005.

The Iraq war has surpassed the Persian Gulf War (1990-91) and may soon surpass the Spanish-American War and the War of 1812 in terms of the number of fatalities, but is still far behind other major wars. The following graph was based on Defense Department data available as a PDF here (Civil War statistics reflect only Union forces; there were about half a million fatalities including Confederate forces).

As the "shorter but just as friendly" Fox News guy noted, some have argued that recent developments in the Middle East outside of Iraq can be traced back to the Iraq war. Saudi Arabia held its first elections in February 2005, though such elections were for seats on municipal councils and women were not allowed to vote. Palestinians elected Mahmoud Abbas, also known as Abu Mazen, as president of the Palestinian Authority in January 2005. Egypt re-elected President Hosni Mubarak in its first multicandidate election for president in September 2005; Mubarak reportedly proposed allowing such elections due to pressure from the United States government for greater democracy in the Middle East. Parliamentary elections held in Lebanon in May and June 2005, as well as protests following the Feb. 14 assassination of Lebanon's former Prime Minister Rafik Hariri, helped pressure Syria into withdrawing troops that that it had maintained in Lebanon for years.
>* Reference to Intelligent Design. Intelligent design is a relatively new argument challenging evolution, based on the idea that purely natural forces cannot explain the development of life fully and that an intelligent cause, which may or may not be God, was involved. Some see intelligent design as a way around Supreme Court rulings on creationism, for better or for worse. A Pennsylvania school board policy questioning evolution's validity and offering students a book seen as promoting intelligent design has been challenged in a federal lawsuit that began hearings on September 26, 2005. For more on this, go here.
>* Reference to Possible Collisions. NASA has information on potential future collisions on-line here. Of the potential collisions being tracked, only three currently are seen by NASA as "merit[ing] careful monitoring" according to a scale used for measuring the potential threat of collisions: asteroid 1997XR2, asteroid 99942 Apophis (2004 MN4), and asteroid 2004VD17. The earliest any of these three asteroids is seen as potentially impacting the Earth is 2036. I cannot tell whether Tyson was referring to one of these asteroids or another.

In 1989, asteroid 1989FC came within 700,000 kilometers of the Earth, passing through the Earth's orbit and missing the Earth by about six hours. The near-miss sparked Congressional action and led to NASA beginning studies on how to improve NEO-detection capabilities and how to destroy or redirect NEOs that may collide with the Earth. In 1998, NASA initiated the Spaceguard Survey and initiated its Near Earth Objects program. Still, some have called for more action. For example, in October 2004, the American Institute of Aeronautics and Astronautics issued a policy paper calling for further action (on-line as a PDF here). Among other things, it criticized the lack of an organization within the U.S. government that would be responsible for planetary defense and called for extending search programs to find near-Earth objects that are between 100 meters and 1 kilometer in diameter.
>* Reference to Pluto. Some scientists have questioned the status of Pluto as the solar system's ninth planet in recent years, noting that Pluto is smaller than many other objects that have been discovered. A suggestion was raised with the International Astronomical Union in 1999 to designate Pluto as a minor planet, but its status was not changed at the time and the IAU considers the issue closed (IAU press release on-line here). One article discussing the debate over Pluto is on-line here.
>* Reference to NBA Dress Code. The National Basketball Association announced a new dress code that would go into effect for the new season. According to the dress code (on-line here), players are "required to wear Business Casual attire whenever they are engaged in team or league business" and are not allowed to wear certain items (such as chains over their clothes or sunglasses while indoors) while on league business. Some player comments on the dress code are on-line here.


October 25, 2005 (Guest: Greg Behrendt) (back to top)
>* Nomination of Federal Reserve Chairman. President George W. Bush appointed Princeton economist Ben Bernanke on October 24 to take over as Chairman of the Federal Reserve after current chairman Alan Greenspan's term ends after January 2006. The Federal Reserve system is a quasi-independent body of governors and 12 regional banks that controls U.S. monetary policy and has control over short-term interest rates. "Over the course of a career marked by great accomplishment, Ben has done path-breaking work in the field of monetary policy, taught advanced economics at some of our top universities, and served with distinction on the Fed's Board of Governors. He's earned a reputation for intellectual rigor and integrity. He commands deep respect in the global financial community. And he'll be an outstanding Chairman of the Federal Reserve," Bush said of Bernanke (on-line here).
>* The Word: Overrated. Rosa Parks, who was jailed and fined in 1955 for refusing to give up her bus seat to a white man, died on October 24. She was 92. Her act helped inspire the Montgomery, Alabama bus boycott that was led by Reverend Martin Luther King Jr., as well as the larger civil-rights movement. Parks received the Presidential Medal of Freedom in 1996 and the Congressional Gold Medal in 1999. "Rosa Parks was truly the mother of the modern civil rights movement. She was NAACP Secretary in Montgomery when she sat down in order to stand up for civil rights, and her quiet example demonstrated to millions new ways to confront the evil of segregation" NAACP Board of Directors Chairman Julian Bond said in a statement (on-line here.
>* Threat Down: Wal-Mart! Bears! Eight-year-olds! Magic! Anti-Bacterial Soap! An advisory panel reportedly concluded in an October 20 meeting that antiseptic products such as antibacterial hand-washes did not have significant benefits over traditional soap and recommended further study, which could lead to restrictions on the marketing of such products.


October 24, 2005 (Guest: Lou Dobbs) (back to top)
>* Hurricane Wilma. Hurricane Wilma, the 21st named storm and the 12th hurricane of the 2005 Atlantic hurricane season, went through Florida as a Class 3 hurricane on October 24, causing power outages and reportedly resulting in at least seven deaths. The National Hurricane Center has information on Wilma on-line here. President George W. Bush signed a declaration designating parts of Florida a major disaster area eligible for certain funding (on-line here).
>* Leak Investigation. A federal investigation is ongoing as to whether White House officials improperly disclosed the identity of undercover CIA agent Valerie Plame to reporters, and federal prosecutor Patrick Fitzgerald reportedly may bring charges this week, according to reports and speculation about signs such as a new website for the investigation (on-line here). White House advisor Karl Rove and Dick Cheney's aide Scooter Libby have been connected to the possible leak, and their discussions in July 2003 with reporters Matthew Cooper of Time and Judith Miller of the New York Times have been the subject of federal grand jury examinations in recent months.

The intentional identification of a covert CIA agent can violate federal law. Under 50 USC 421(b) (on-line here, "[w]hoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both."

Lying under oath is also a crime under federal law. Under 18 USC 1621 (on-line here), perjury can be punished by up to five years imprisonment.
>* The Word: Pussy. Despite wide criticism of the nomination of Harriet Miers to fill the Supreme Court seat now held by Sandra Day O'Connor, White House spokesman Scott McClellan has said several times that the Bush administration expects Miers to be confirmed. "We're confident that she'll be confirmed," he said on October 24 (transcript on-line here).

The Miers nomination has been criticized widely because of questions about her judicial philosophy and experience. President George W. Bush has defended the nomination on several occasions, saying that she shares his judicial philosophy and was well-qualified. Bush said on October 4 that Miers was "the best person I could find" and that nominating Miers, who has not been a judge before, would bring "not only expertise, but a fresh approach" to the Court (transcript on-line here). Bush referred to Miers's religion on October 12 as a factor in his decision to nominate her (on-line here) and gathered some of her former colleagues from the Texas Supreme Court to speak about her on October 17 (on-line here). For more, go here.
>* Reference to Outsourcing. Concern has grown in recent years about white-collar jobs, especially technology-related jobs, moving overseas to countries such as China and India. The House of Representatives' Small Business Committee held two hearings on the topic in 2003, and top Silicon Valley executives have warned that the software and service industries may go the way of industrial industries in the coming decades.

According to a much-cited November 2002 report by the research firm Forrester, the number of US jobs "offshored" is predicted to increase from 400,000 jobs to 3.3 million jobs by 2015, with two-thirds of the loss being from what the Bureau of Labor Statistics defines as office and administrative positions as well as computer and mathematical occupations. Of the total 3.3 million, Forrester reportedly expected that 473,000 jobs from the information technology would go overseas.
>* Reference to Illegal Immigration. The number of illegal aliens in the United States has grown in recent years. The U.S. Immigration and Naturalization Service estimated in 2003 that there were 7 million illegal immigrants in the United States in January 2000, almost doubling since 1990 (on-line as a PDF here). A more recent study by the Pew Hispanic Center (on-line as a PDF here) estimated that there were 10.3 million illegal aliens in the United States in March 2004. Both studies estimated that Mexicans comprised the majority of illegal aliens.

Bush administration officials have urged passage of a temporary worker program that was first proposed by President George W. Bush in January 2004. Under the proposed program, illegal aliens currently in the United States could pay a fee and become legally eligible for jobs which U.S. employers cannot fill with U.S. workers. Such temporary workers would be able to stay in the United States for three years and would have to return to their home countries afterwards, but would get legal protections while in the United States, Bush said at the time (transcript on-line here).
>* Bring 'Em Back or Leave 'Em Dead. House Rep. Tom DeLay, who resigned as majority leader on September 27 after being indicted, reported to the Harris County sheriff's office in Texas on October 19 and was booked; his mug shot is on-line here. DeLay has been indicted by a Texas grand jury on two counts relating to the allegedly illegal transfer in 2002 of certain money to the Republican National Committee so that the money could be transferred to campaigns for the Texas state legislature. The second indictment is on-line here.

Charles Darwin wrote about his theory of evolution in his 1859 book, On the Origin of Species by Means of Natural Selection, or the Preservation of Favoured Races in the Struggle for Life. Evolution is commonly seen as a way of explaining how species change over time and can give rise to new species, contrasting to the creationist belief that God created humanity in the form that it is now.

Polls taken by the Gallup organization in recent years have found that many people do believe God had some role in the creation or development of humanity. Polls from November 2004 found that 45 percent of those polled believed that God created humanity as it is now, that 38 percent of those polled believed that humanity developed over time with the guidance of God (a view consistent with that of intelligent design), and that 13 percent believed that humanity developed without God's guidance. At the same time, Gallup's November 2004 polls also found that 35 percent of those polled believed that the theory of evolution was well-supported by evidence, 35 percent believed that the theory was not well-supported by evidence, and that 29 percent did not know enough to say either way.


October 20, 2005 (Guest: Jim Cramer) (back to top)
>* Avian Flu. Health officials around the world have expressed concerns about possible outbreaks of avian influenza since 1997, when the first documented cases of human infection (including six deaths) from the HN51 strain were observed in Hong Kong and when Hong Kong's entire poultry population was destroyed within days to avert a possible pandemic. Outbreaks were first reported in southeastern Asia, were reported in July in Russia and Kazakhstan, and were reported in October in Turkey. As of October 10, there have been 117 reported cases of human infection of the HN51 strain in Vietnam, Thailand, Cambodia and Indonesia, including 60 deaths, since 2004 (WHO information on-line here). More information about avian flu is available on-line here and here.

President George W. Bush recently discussed avian flu in an October 4, 2005 press conference (on-line here). Bush said that he was "concerned" about avian flu and about the possibility of an avian flu outbreak in the United States, including whether the military could be used to enforce a quarantine on an infected part of the country and whether a vaccine could be developed in time and manufactured in sufficient supplies. "I'm not predicting an outbreak; I'm just suggesting to you that we better be thinking about it. And we are," he said.
>* The Word: Love Handles. According to a 1999-2000 study (on-line here), about 64 percent of U.S. adults are overweight or obese, compared to 47 percent in the late 1970s. Obesity is commonly measured by the body-to-mass index, a calculation which expresses a person's body weight in kilograms divided by the square of his or her height in meters. A person is considered obese when he or she has an excessively high amount of body fat or adipose tissue in relation to lean body mass (BMI of 25 to 29.9). A person is considered overweight when he or she has high body weight relative to height, though one can be overweight due to muscle and not due to fat (BMI of 30 or more). Calculate your own BMI through an on-line calculator here.

The House of Representatives voted 306-120 on October 19 in favor of HR 554, the Personal Responsibility in Food Consumption Act of 2005, which bars any lawsuits involving a claim relating to a person's weight gain or obesity and that person's consumption of food. The bill has been sent to the Senate for consideration.

While some obesity-related lawsuits have resulted in much publicity, none have resulted in liability being imposed against defendants. A federal judge dismissed the first major obesity-related lawsuit against McDonald's in January 2003, saying in part that no reasonable jury could find that McDonald's was legally responsible for causing the individual plaintiffs' obesity "without resorting to 'wild speculation.'" Moreover, District Judge Robert Sweet ruled that the law does not require that people be protected from unhealthy foods unless the foods are so unhealthy that no one could ever eat them without facing danger. "If a person knows or should know that eating copious orders of supersized McDonalds' products is unhealthy and may result in weight gain (and its concomitant problems) because of the high levels of cholesterol, fat, salt and sugar, it is not the place of the law to protect them from their own excesses. Nobody is forced to eat at McDonalds," Sweet wrote in his January 22, 2003 opinion.
>* Un-American Laws. The reference to anti-terror laws in England is probably a reference to recent proposals by Prime Minister Tony Blair that would, among other things, allow suspects to be detained for three months before being charged, a measure some have criticized as too severe. Blair defended these proposals in an October 11, 2005 press conference (on-line here, saying that "I care deeply about the civil liberties of this country, but I care about one basic civil liberty which is the right to life of our citizens and freedom from terrorism and I think if these measures are necessary we should take them." The proposed legislation is on-line here.

As for Saddam Hussein, the former Iraqi leader appeared before a special Iraqi tribunal on October 19 for the first day of a trial relating to more than 140 alleged killings that occurred following a 1982 assassination attempt on Hussein in the Shiite town of Dujail. Hussein, who was captured in December 2003 and transferred to Iraqi control in June 2004, is standing trial along with other former Iraqi officials and may stand trials on other charges as well. The trial is scheduled to resume on November 28.

As for North Korea, it agreed in six-party talks on September 19 to a Statement of Principles (on-line here) that called for North Korea abandoning nuclear weapons and abiding by non-proliferation treaties, but a possible sticking point remains on the timing of the United States providing a light-water nuclear reactor. The United States and other parties agreed in the statement to discuss "at an appropriate time" providing a reactor to North Korea, but North Korea said on September 20 that they want the reactor before abandoning any nuclear weapons programs.
>* Bankruptcy Law. New legislation making it harder for individuals to declare bankruptcy and eliminate their debt was signed into law on April 20, 2005 and went into effect recently. President George W. Bush said upon signing the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (on-line here) that "[u]nder the new law, Americans who have the ability to pay will be required to pay back at least a portion of their debts. Those who fall behind their state's median income will not be required to pay back their debts. This practical reform will help ensure that debtors make a good-faith effort to repay as much as they can afford. This new law will help make credit more affordable, because when bankruptcy is less common, credit can be extended to more people at better rates."


October 19, 2005 (Guest: Fareed Zakaria) (back to top)
>* The Word: Disappointed. Saddam Hussein appeared before a special Iraqi tribunal on October 19 for the first day of a trial relating to more than 140 alleged killings that occurred following a 1982 assassination attempt on Hussein in the Shiite town of Dujail. Hussein, who was captured in December 2003 and transferred to Iraqi control in June 2004, is standing trial along with other former Iraqi officials and may stand trials on other charges as well. The trial is scheduled to resume on November 28.
>* Stephen Settles the Debate. This debate relates to recent reports about a decline in Arctic sea ice and the consequences of that phenomenon. Researchers reported on September 29 that Arctic sea ice had declined on September 21, 2005 to 2.05 million square miles, its lowest extent in decades of monitoring and that Arctic sea ice has declined an estimated 8.5 percent per decade over the past 27 years. Versions of the release are on-line here and here. Some researchers attribute the decline to global warming, though it is unknown how much is attributable to global warming as opposed to natural variations.

With regard to global warming in general, many people do agree that global average surface temperature has increased over the 100 years by about one degree and that higher concentrations of greenhouse gases relating to human activity such as the use of fossil fuels have contributed to this increase. The debate continues more as to how much of the increase is attributable to human activity as opposed to natural variations, as well as to what kinds of measures are appropriate in response.

President George W. Bush himself acknowledged the temperature increase and the greenhouse effect in a June 11, 2001 speech (on-line here), though he also raised questions about how much was known. "We do not know how much effect natural fluctuations in climate may have had on warming. We do not know how much our climate could, or will change in the future. We do not know how fast change will occur, or even how some of our actions could impact it," he said. "Finally, no one can say with any certainty what constitutes a dangerous level of warming, and therefore what level must be avoided. The policy challenge is to act in a serious and sensible way, given the limits of our knowledge."
>* Tip of the Hat, Wag of the Finger. Stephen refers to a decline in teenage pregnancy, a trend that has been continuing since 1990. According to statistics cited by the Centers for Disease Control and Prevention (on-line here), pregnancy rates for teenagers declined 33 percent from 1990 to 2000. Some studies have indicated that increased abstinence and improved use of contraceptives have contributed to the decline.

As for oral sex, a 2002 survey by the CDCP of sexual behavior (on-line here) found that about 12 percent of males ages 15-19 and 10 percent of females had had heterosexual oral sex but not vaginal intercourse. This finding seems to be consistent with other studies (such as this one by the Alan Guttmacher Institute on-line here) that oral sex is more prevalent among teenagers.
>* Reference to Outsourcing. Concern has grown in recent years about white-collar jobs, especially technology-related jobs, moving overseas to countries such as China and India. The House of Representatives' Small Business Committee held two hearings on the topic in 2003, and top Silicon Valley executives have warned that the software and service industries may go the way of industrial industries in the coming decades.

According to a much-cited November 2002 report by the research firm Forrester, the number of US jobs "offshored" is predicted to increase from 400,000 jobs to 3.3 million jobs by 2015, with two-thirds of the loss being from what the Bureau of Labor Statistics defines as office and administrative positions as well as computer and mathematical occupations. Of the total 3.3 million, Forrester reportedly expected that 473,000 jobs from the information technology would go overseas.
>* Reference to Iraq Vote. Iraqis voted on October 15 on a constitution for a permanent government. Initial vote projections seemed to indicate that a majority voted to approve the constitution, but Iraqi election officials reportedly said on October 17 that they would investigate areas where voter approval was "unusually high" before announcing official results. If the vote results in the constitution's approval, then Iraq is to hold elections on December 15 to elect the permanent government, with that government taking control by December 31.

An English translation of the proposed constitution is on-line here. The proposed constitution tries to strike a balance between Islam and democratic principles, though some have expressed concerns over how this will work in practice. It also establishes that oil and gas resources are to be managed by the federal government with regional governments that can be established.


October 18, 2005 (Guest: Lesley Stahl) (back to top)
>* Nightline Changes. ABC announced on October 17 that three co-anchors will replace longtime anchor Ted Koppel after he leaves ABC on November 22 (release on-line here). Terry Moran, Cynthia McFadden and Martin Bashir will assume their anchor duties beginning November 28. ABC had considered in 2002 ending or moving Nightline in favor of a new show hosted by David Letterman, a move widely criticized at the time.
>* The Word: Bacchanalia. Kellenberg Memorial High School, a Catholic school on New York's Long Island, announced in September that it would no longer sponsor a senior prom due to concerns about the "bacchanalian aspects of the prom" and the "root problem" of "affluence." In a letter addressed to parents and available on-line as a PDF here, school administrators say that "we have come to the conclusion that [the senior prom] has a life of its own which is no longer commensurate with the goals of Christian education."
>* All You Need to Know. Homeland Security Secretary Michael Chertoff testified on October 18 that his department sought to return all illegal immigrants to their home countries and to end a practice in which some illegal immigrants are released when caught due to resource issues. "Today, a non-Mexican illegal immigrant caught trying to enter the United States across the southwest border has an 80% chance of being released immediately because we lack the holding facilities. Therefore, it is critical that we solve the problem of detention in order to carry out an effective enforcement strategy," he said, according to planned remarks on-line here.

Chertoff also urged passage of a temporary worker program that was first proposed by President George W. Bush in January 2004. Under the proposed program, illegal aliens currently in the United States could pay a fee and become legally eligible for jobs which U.S. employers cannot fill with U.S. workers. Such temporary workers would be able to stay in the United States for three years and would have to return to their home countries afterwards, but would get legal protections while in the United States, Bush said at the time (transcript on-line here).

The number of illegal aliens in the United States has grown in recent years. The U.S. Immigration and Naturalization Service estimated in 2003 that there were 7 million illegal immigrants in the United States in January 2000, almost doubling since 1990 (on-line as a PDF here). A more recent study by the Pew Hispanic Center (on-line as a PDF here) estimated that there were 10.3 million illegal aliens in the United States in March 2004. Both studies estimated that Mexicans comprised the majority of illegal aliens.
>* Reference to Plame Investigation. A federal investigation is ongoing as to whether White House officials improperly disclosed the identity of undercover CIA agent Valerie Plame to reporters. White House advisor Karl Rove and Dick Cheney's aide Scooter Libby have been connected to the possible leak, and their discussions in July 2003 with reporters Matthew Cooper of Time and Judith Miller of the New York Times have been the subject of federal grand jury examinations in recent months.

The intentional identification of a covert CIA agent can violate federal law. Under 50 USC 421(b) (on-line here), "[w]hoever, as a result of having authorized access to classified information, learns the identify of a covert agent and intentionally discloses any information identifying such covert agent to any individual not authorized to receive classified information, knowing that the information disclosed so identifies such covert agent and that the United States is taking affirmative measures to conceal such covert agent's intelligence relationship to the United States, shall be fined under title 18 or imprisoned not more than five years, or both."
>* James Brady. Former White House press secretary James Brady was seriously wounded by a gunshot wound to the head when John Hinckley attempted to assassinate President Ronald Regan on March 30, 1981. Brady campaigned for more firearms controls after leaving the White House and has been active in the Brady Campaign To Prevent Gun Violence (on-line here). Recently, the Brady Campaign has campaigned against a new Florida law, as discussed (kind of) in the October 17 Colbert Report (read here).


October 17, 2005 (Guest: Stone Phillips) (back to top)
>* The Word: Truthiness. Stephen refers to Harriet Miers, who was nominated by President George W. Bush on October 3 to fill the Supreme Court seat now held by Sandra Day O'Connor. Unlike the prior nomination of John Roberts, the Miers nomination has been criticized widely because of questions about Miers's judicial philosophy and experience.

Bush said on October 4 (transcript on-line here) that Miers "shares my philosophy that judges should strictly interpret the laws and the Constitution of the United States, and not legislate from the bench." This strongly suggests that Miers would not recognize broad federal civil rights not grounded in federal legislation, such as the right for same-sex marriage that Massachusetts' highest court found based on that state's law, but it is unclear whether she would overrule the precedent for abortion rights established by cases such as Roe v. Wade.

Bush also said on October 4 that Miers was "the best person I could find" and that nominating Miers, who has not been a judge before, would bring "not only expertise, but a fresh approach" to the Court. Many Supreme Court justices were not judges before serving on the nation's highest court. William Rehnquist, who served as chief justice for almost 20 years and died earlier this year, was not a judge before being appointed to the bench in 1972.
>* Threat Down #5: Avian Flu! Health officials around the world have expressed concerns about possible outbreaks of avian influenza since 1997, when the first documented cases of human infection (including six deaths) from the HN51 strain were observed in Hong Kong and when Hong Kong's entire poultry population was destroyed within days to avert a possible pandemic. Outbreaks were first reported in southeastern Asia, were reported in July in Russia and Kazakhstan, and were reported in October in Turkey. As of October 10, there have been 117 reported cases of human infection of the HN51 strain in Vietnam, Thailand, Cambodia and Indonesia, including 60 deaths, since 2004 (WHO information on-line here). More information about avian flu is available on-line here and here.

President George W. Bush recently discussed avian flu in an October 4, 2005 press conference (on-line here). Bush said that he was "concerned" about avian flu and about the possibility of an avian flu outbreak in the United States, including whether the military could be used to enforce a quarantine on an infected part of the country and whether a vaccine could be developed in time and manufactured in sufficient supplies. "I'm not predicting an outbreak; I'm just suggesting to you that we better be thinking about it. And we are," he said.
>* Threat Down #4: Basketball Upset! Israeli basketball team Maccabi Tel-Aviv beat the Toronto Raptors on October 16 105-103. This was Maccabi's first victory over an NBA team since it beat the Washington Bullets in 1978.
>* Threat Down #3: Babies! The non-profit organization DiaperFree Baby promotes "elimination communication," a method in which a parent takes his or her baby to the toilet instead of or in addition to using diapers. According to DiaperFree Baby's website (on-line here), some reasons for doing this are "to recognize and respond to baby's self-awareness; to promote close communication between child and parent; to prevent diaper rash; to avoid struggles often associated with diaper changing and toilet training; and, as side benefits, to save money and use fewer environmental resources."
>* Threat Down #2: Hurricanes! Tropical Storm Wilma marks the 21st named storm of the 2005 Atlantic hurricane season, tying a record of 21 tropical storms in 1933; hurricane watches were in effect for parts of Honduras and the Cayman Islands on October 18 because of Wilma. The National Hurricane Center has information on hurricane names here.
>* Threat Down - #1: James Brady! The Brady Campaign to Prevent Gun Violence recently began a campaign warning Florida tourists and potential tourists about a new state law that exempts more assaults and homicides as justifiable self-defense and that went into effect on October 1, 2005.

Generally, the use of deadly force is justified as self-defense only when one can prove that he or she (1) had reasonable grounds to believe and did actually believe that he or she was in imminent danger of death or serious bodily harm which he or she could only prevent by using deadly force, (2) had not used all proper means to avoid physical combat before resorting to the use of deadly force, and (3) had used no more force that was reasonably necessary. Under the new Florida law, people have no duty to retreat when they (1) reasonably believe deadly force is "necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony" or (2) are in their home facing certain intruders (see here and here).

Critics say that the law allows people to "shoot first" without asking questions, while proponents say that the law allows people to defend their homes more effectively.

"We think people visiting Florida should be aware of this law, and act accordingly," Brady Campaign Chair Sarah Brady said in a press release (on-line here). "Visitors should be very careful about getting into an aggressive argument with anyone during their stay."

"It shouldn't be a crime to protect yourself or your loved ones upon being attacked," State Senator Durell Peaden, who sponsored the bill, said in an April 26 statement (on-line here). "This common-sense legislation aims to allow citizens across the state to better protect, if necessary, their homes, vehicles, themselves, and most importantly, their families."

As for James Brady himself, he was seriously wounded by a gunshot wound to the head when John Hinckley attempted to assassinate President Ronald Regan on March 30, 1981. Brady was the White House press secretary at the time, and campaigned for more firearms controls after leaving the White House. The "Brady Bill" enacted in 1993 required a waiting period and background check on all handgun purchases through licensed dealers.



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Ripped from the Headlines?

West Wing: Santos discusses a lawsuit about intelligent design

West Wing: Electoral map as of the 10/9 episode; Santos needs to catch up big-time

SNL: The Miers nomination

South Park: Inspired by Katrina

Boston Legal: End to assault-weapons ban

Daily Show: A 2004 study found that 21 percent of young people regularly get their campaign news from comedy shows like the Daily Show with Jon Stewart and Saturday Night Live. So, some footnotes.

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By Stephen Lee