Nice Guy Eddie, dead at 43

Chris Penn was found dead in his home today.

Cintra Wilson had our favorite piece on this particular Penn, from 2004 in Salon:

But then came the jewel in the crown of Christopher Penn’s acting career, and this was Abel Ferrara’s “The Funeral” (1996), where Chris plays a mentally ill suicidal gangster. Either Chris Penn has the best imagination ever captured on film, or the Penn boys’ emotional color wheels are naturally so supremely black that they make Sylvia Plath’s look like sample chips for baby’s bedroom. Chris was able to inhabit a Jungian shadow-self that any sane angel would fear to tread, in such a hardcore and chilling performance it makes it impossible not to presume that he has actually endured some bone-splinteringly dark nights of the soul. This is the apotheosis of Chris Penn. He is an Italian gangster hovering over the open casket of his little brother (Vincent Gallo, an ideal corpse). His face paints an entire road map of emotions. He grabs Gallo’s suit. “My baby brother,” he whimpers, his mouth grimacing in despair. He dissolves into tears. Then, he remembers himself: He’s a mobster. The tears turn ugly. He starts hacking out involuntary grief noises that get louder and louder until they escalate into a screaming, spitting, casket-pounding fury. Christopher Walken and other black-clad, sallow-eyed Italo-actorini try to restrain him. Chris Penn’s bloodshot eyes go momentarily wide and satanic — a murderous plot appears in his brain like a fever blister. Then — he knows it won’t help — he dissolves into blubbering grief again. Then, with a swallow, he snaps his head, pulls himself together, wipes his face, wetly kisses Walken on the face. He is drained, he’s wrecked, but he is OK to go to the buffet table.

A glimmer of hope?

Conservative newsmag Insight is reporting that the Administration fears impeachment may result from the domestic spying inquiry; a (presumably bipartisan) coalition is said to be forming in support of the move. In a GOP-controlled Congress.

The entitled “hope” isn’t that Bush be impeached, mind you. It’s a hope that the Rule of Law is still what governs us, and that our government as an extension of ourselves can be trusted to behave accordingly, at least in its Legislative arm. What Bush has done far exceeds any impeachable sins committed by Clinton, but it’s still a disaster to be in a position for this remedy is appropriate.

This is rich and shocking, but won’t get much coverage

Via Atrios, we learn the following:

  1. In 2002, Sen. DeWine (R-OH) proposed a bill that would have lowered the standard required for obtaining a FISA warrant;
  2. It is these easy-to-get warrants that Bush has refused to get in re: his illegal domestic spying initiative;
  3. The proposed law was opposed by the Bush DoJ on Constitutional grounds.

More Secret Laws

Prof. Felton points out that some new legislation being proposed in Congress to close the so-called “analog hole” for Hollywood and the RIAA includes provisions that are secret, and which can only be reviewed if you pay $10K and agree not to disclose what you find. In other words, the MPAA/RIAA are proposing secret laws. Um, NO. Prof. Felton:

The details of this technology are important for evaluating this bill. How much would the proposed law increase the cost of televisions? How much would it limit the future development of TV technology? How likely is the technology to mistakenly block authorized copying? How adaptable is the technology to the future? All of these questions are important in debating the bill. And none of them can be answered if the technology part of the bill is secret. Which brings us to the most interesting question of all: Are the members of Congress themselves, and their staffers, allowed to see the spec and talk about it openly? Are they allowed to consult experts for advice? Or are the full contents of this bill secret even from the lawmakers who are considering it?

Dept. of Frequent Governmental Lies

Throughout American history, the government has said we’re in an unprecedented crisis and that we must live without civil liberties until the crisis is over. It’s a hoax” (Yale Kamisar at the University of Michigan Law School).

It’s never, ever been true, but it’s frequently used to justify all manner of executive power grabs and egregious tactics, like Japanese internment, no-knock SWAT-equipped drug warrents, and the PATRIOT act. Don’t believe them.

Truth.

Via Atrios; he says it better than we do:

The Terrible Twos
Ivo Daalder writes:
America’s power and influence in the previous century was built not just on its military and economic prowess, but especially on the belief of many that it would use its power to the benefit of all rather than of the United States alone. But that view of the United States as a benevolent power is now gone. America’s image in the world has been tarnished by launching an unnecessary war of choice, flouting international law, and its appalling abuse of detainees. Polls indicate that large majorities in Europe have an unfavorable opinion of America and, shockingly, that a majority of Europeans now believes the United States poses the greatest threat to international security. When trust is broken, a commitment to diplomacy can only do so much. When an American secretary of state has to spend an entire week in Europe to argue that the United States does not torture people — and leave without having convinced anyone that she’s speaking the truth — you know something profound has changed in America’s relations with the world. In such circumstances, a willingness to talk, to negotiate, even to compromise is not enough. It will take a new administration, fully committed to restoring trust in an America rededicated to the rule of law, to begin to reverse the damage that has been done.
I’ve made this basic point a few times. America’s post-war power in the world has depended in large part on a perceived benevolence and general idealism. As a nation we had a kind of admirable idealism even if we certainly failed to live up to it at times. One can take a cynical view of those failures, or one can at least believe that the existence of those ideals is important. Sure it requires a bit of ignorance and naivete to say “We’re America! We don’t DO that kind of thing!” but there’s nonetheless something nice about the fact that our own self-perception, if a bit of a whitewash of the facts, embodied that idealism. But the Bush administration has done away with all of that. Instead of ignoring our imperfections we’ve proudly made them all official policy. We justify these things by pointing out that there are even worse people in the world than us! Instead of trying to lead the world we’ve thrown temper tantrums at it. Time to grow up…

Gore responds

It’s sort of telling that former Vice President Al Gore’s Monday speech has drawn so much protest from the Administration; both Bush and AG Gonzales have seen fit to denounce it and, natch, lie about Gore’s record. Gore responds:

WASHINGTON, Jan. 17 /U.S. Newswire/ — Following is a statement by former Vice President Al Gore: “The Administration’s response to my speech illustrates perfectly the need for a special counsel to review the legality of the NSA wiretapping program. The Attorney General is making a political defense of the President without even addressing the substantive legal questions that have so troubled millions of Americans in both political parties. “There are two problems with the Attorney General’s effort to focus attention on the past instead of the present Administration’s behavior. First, as others have thoroughly documented, his charges are factually wrong. Both before and after the Foreign Intelligence Surveillance Act was amended in 1995, the Clinton/Gore Administration complied fully and completely with the terms of the law. “Second, the Attorney General’s attempt to cite a previous administration’s activity as precedent for theirs — even though factually wrong — ironically demonstrates another reason why we must be so vigilant about their brazen disregard for the law. If unchecked, their behavior would serve as a precedent to encourage future presidents to claim these same powers, which many legal experts in both parties believe are clearly illegal. “The issue, simply put, is that for more than four years, the executive branch has been wiretapping many thousands of American citizens without warrants in direct contradiction of American law. It is clearly wrong and disrespectful to the American people to allow a close political associate of the president to be in charge of reviewing serious charges against him. “The country needs a full and independent investigation into the facts and legality of the present Administration’s program.”

From here, via Kos.

More on Bush’s Illegal Domestic Spying

First, we note that the NYT has characterized said program as both huge and hugely ineffective:

WASHINGTON, Jan. 16 – In the anxious months after the Sept. 11 attacks, the National Security Agency began sending a steady stream of telephone numbers, e-mail addresses and names to the F.B.I. in search of terrorists. The stream soon became a flood, requiring hundreds of agents to check out thousands of tips a month. But virtually all of them, current and former officials say, led to dead ends or innocent Americans. NYT via Daily Kos

Today brings notice of the group of hardcore conservatives now on record as opposing this program, including folks like Bob Barr and Grover Norquist. Salon has more on the diverse groups bringing suit over this illegal behavior. If this keeps up, Bush may well turn out to be a uniter after all, but perhaps not in the way he would prefer.

Salon also has an editorial up on the overall efficacy of such a program, and the legitimacy of the Executive Presidency theory that allows it. If it’s behind a paywall, somebody holler and we’ll PDF it.

Shorter Gonzales

He can wiretap whomever he wants, it’s really helped, but we can’t tell you how because it’s classified, so you’ll have to trust us.”

Um, Alberto? We have checks and balances in our form of government precisely because government isn’t trustworthy. But your boy Bush can’t be bothered to follow those laws even though FISA warrants are rubber-stamped 99% of the time. How’s that work?

Update: ThinkProgress debunks his smear of Gore and Clinton in his remarks quoted above. Nice try, torture boy.

Where the Hell was this Al Gore in 2000?

Salon has an unofficial transcript of Gore’s speech from Monday.

Congressman Barr and I have disagreed many times over the years, but we have joined together today with thousands of our fellow citizens — Democrats and Republicans alike — to express our shared concern that America’s Constitution is in grave danger. In spite of our differences over ideology and politics, we are in strong agreement that the American values we hold most dear have been placed at serious risk by the unprecedented claims of the Administration to a truly breathtaking expansion of executive power. As we begin this new year, the Executive Branch of our government has been caught eavesdropping on huge numbers of American citizens and has brazenly declared that it has the unilateral right to continue without regard to the established law enacted by Congress to prevent such abuses. It is imperative that respect for the rule of law be restored. […] [O]ne month ago, Americans awoke to the shocking news that in spite of this long settled law, the Executive Branch has been secretly spying on large numbers of Americans for the last four years and eavesdropping on “large volumes of telephone calls, e-mail messages, and other Internet traffic inside the United States.” The New York Times reported that the President decided to launch this massive eavesdropping program “without search warrants or any new laws that would permit such domestic intelligence collection.” During the period when this eavesdropping was still secret, the President went out of his way to reassure the American people on more than one occasion that, of course, judicial permission is required for any government spying on American citizens and that, of course, these constitutional safeguards were still in place. But surprisingly, the President’s soothing statements turned out to be false. Moreover, as soon as this massive domestic spying program was uncovered by the press, the President not only confirmed that the story was true, but also declared that he has no intention of bringing these wholesale invasions of privacy to an end. At present, we still have much to learn about the NSA’s domestic surveillance. What we do know about this pervasive wiretapping virtually compels the conclusion that the President of the United States has been breaking the law repeatedly and persistently. A president who breaks the law is a threat to the very structure of our government. Our Founding Fathers were adamant that they had established a government of laws and not men. Indeed, they recognized that the structure of government they had enshrined in our Constitution — our system of checks and balances — was designed with a central purpose of ensuring that it would govern through the rule of law. As John Adams said: “The executive shall never exercise the legislative and judicial powers, or either of them, to the end that it may be a government of laws and not of men.” An executive who arrogates to himself the power to ignore the legitimate legislative directives of the Congress or to act free of the check of the judiciary becomes the central threat that the Founders sought to nullify in the Constitution — an all-powerful executive too reminiscent of the King from whom they had broken free. In the words of James Madison, “the accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.” Thomas Paine, whose pamphlet, “On Common Sense” ignited the American Revolution, succinctly described America’s alternative. Here, he said, we intended to make certain that “the law is king.” Vigilant adherence to the rule of law strengthens our democracy and strengthens America. It ensures that those who govern us operate within our constitutional structure, which means that our democratic institutions play their indispensable role in shaping policy and determining the direction of our nation. It means that the people of this nation ultimately determine its course and not executive officials operating in secret without constraint.

You probably oughta read the whole thing.

From highbrow to nobrow

Celeb gossip site The Superficial is horribly, horribly mean. But hilarious:

Frances seems like a nice enough girl. It’s kinda inspiring to see her defend a woman who spends most of her time either a) drunk, b) high, c) naked, d) dressing monkeys in bikinis, or e) all of the above. This really surprises me, because I figured any daughter of Courtney’s would either be sold into prostitution or so strung out on drugs that she’d look like a cross between Keith Richards and Sloth. Only with boobs. And then I’d call her Sloobs.

Also, apparently, if you’re any sort of media, you get to grope Scarlett Johanson. Who knew?

Mmmmmm. Scarlett Johansson.

Why the New Yorker is Awesome

Design Observer weighs in on its “slow design;” it remains virtually identical in presentation and layout to its first issue in 1925:

[O]ne senses that each of the changes in The New Yorker was arrived at almost grudgingly. Designers are used to lecturing timid clients that change requires bravery. But after a certain point — 80 years? — not changing begins to seem like the bravest thing of all.

Coin-counting part 2

DeadProgrammer (a fine blog) has a post up about coin-counting machines wherein he mentions some of the datapoints we wondered about previously. (Of course, he seems to have just gotten his figures at the Mint, which is something we’re ashamed we didn’t do.)

(We note with amusement that his coin distribution is wildly different than ours; we suspect he cherry-picks the more usable change out before resorting to automated counts. We, on the other hand, just dump all our change into the jar every night, which should produce a more typical distribution. Or so we assume, anyway.)

The Endorsement

If you use a Palm and a Mac, you need this. Just trust me. We were aware of it, but it wasn’t until we installed it that we realized it now comes with a new Notes conduit and a simple Mac Notes application as well. (The Calendar, Tasks, and Contacts data all map pretty well to the native Mac tools that come with OS X, but up to now there was no simple Notes equivalent; this addition is a huge boon.)

Oh yeah: we bought one of these because we STILL can’t find the old Zire 72 we planned on using in our post-Treo world. Of course, said Zire will doubtless surface nearly immediately, or perhaps after it’s no longer feasible to return the TX.

Dept. of Brand New Heathen

Please welcome Caroline Maria Ceaser, the newest resident of Albany, New York, and my first niece. Pictures and statistics forthcoming.

Update: Ol’ Maria showed up at about 10:20 central. She has lots of hair, presumably in the appropriate regions, and eyes that may or may not stay blue. She weighted 7 lbs, 2 oz. Her mother damn near slept through the labor, which will of course earn her the enmity of every new mother she meets in the park. We also hear that Chief Heathen Educational Wunderkind has already asked after his Heathen Shout-Out, and it pleases us a great deal to point out that it was already here.

Send pix, guys.

In which we rant about the LACK of XML

Yesterday, we were chatting with Captain Telescope about development, XML, and how ugly and misused the latter can be. Frankly, it’s misused way more often in our experience than not. XML+XSLT can be a real boon for some applications, but there’s a tendency among some to store Every. Damn. Thing. in XML, and there’s really no good reason for that. In some situations, a five-line pure-text “unix-style” config file is exactly what you need, not a stanza-filled XML abomination — in fact, even something as complex as an Apache config file would probably only suffer if converted to XML; as it is, it’s fairly clear if you know what you’re doing, and if you don’t, you have no business in the config file.

Likewise, XML ought never be a persistent data store for anything you’re going to read and write repeatedly. (Yes, we’ve really heard people suggest this.) XML is a way to move data around; it’s a great lingua franca for shifting data formats. XSLT allows the (relatively) easy transformation of XML into damn near anything else you want, which is awesome. Using an XML file or files as your database, though, is just fucking stupid in a world where wholly reasonable RDBMS tools abound at the “free” price point.

HOWEVER, today we find a perfect example of something that really, really, really needs some XML love. We’re working with [Nameless Government Entity] on some supply-chain issues, and one element of these transactions is something called an Advance Shipping Notification. An ASN is an electronic document transmitted to the recipient of a given shipment of goods; you send it on ahead of the shipment so that [NGE] knows that your shipment of widgets, catfish jerky, and whiskey is on its merry way (and how much of each are coming, and who it’s from, and all that goodness).

These ASN documents can be formatted in one of two ways, for the most part. Both formats look like what happens when Heathen Central’s Chief Feline Officer takes a shortcut across our keyboard; here’s an example from the better, more legible of the two:


START*1^
A*AFVendor11^
B*COMBO^
1*GS03F04702^FA940105F9126^20060104^^
2*STUC0001^20060115^^N^
3*SPL^
4*^^^

… and so forth for several dozen lines. Lovely, huh? Naturally, there’s no documentation at all in the file itself (we have a 96-page Word document for that; naturally, it’s rife with additions and exceptions to otherwise inviolate rules). It’s exceeded in the “meaningful data most resembling line noise” competition only by certain Perl idioms, for crying out loud.

In this instance, at least, we’d kill for an XML alternative. The accessibility implications would be huge, especially in world where many, many people are going to be creating these files in the next 6-18 months. Like, say, this one.