Ask Facebook to de-friend Ted Ullyot!

cross-posted at the Oxdown Gazette

Logo for anti-Ullyot Facebook groupThe L.A. Times’ Tech blog* is reporting that Ted Ullyot — a former chief of staff to former AG Alberto Gonzales, a former AOL in-house lawyer and a former Kirkland & Ellis partner — is moving to San Fran to take the top legal job at Facebook.

Facebook Sends Ted Ullyot a Friend Request, Dan Slater, Wall Street Journal Law Blog.

And just in case you were wondering:

As for his stint in the Bush administration, that was something he had long sought and something for which he remains grateful, Ullyot said. Despite the politically charged high drama, he said: “I have nothing but good to say about it.”

Facebook hires general counsel as it continues to grow, Jessica Guynn, Los Angeles Times Technology blog

Unsurprisingly, there’s a protest group: We demand that facebook fire Alberto Gonzales’ right-hand man, Ted Ullyot.  283 members and counting.

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Get FISA Right: on the air in St. Paul!

Get FISA Right logoDuring the past 8 years, the Bush administration listened to Americans’ phone calls and read their emails without a warrant. If elected President, John McCain would do the same.*

Get FISA Right ad, scheduled to air on Fox News in St. Paul today

Update: check out Nick Juliano’s Anti-FISA group targets GOP delegates in St. Paul on The Raw Story

We’ve got at least 9 Get FISA Right ads scheduled to air on the cable news networks during the Republican National Convention. With the live documentation of journalists in handcuffs and demonstrators teargassed and pepper-sprayed in St. Paul, a prime time Fox News ad defending the Constitution for only $123 feels like money very well spent — a great chance to reach all the media looking for convention stories to cover as well as the personal satisfaction of bringing up an issue I know none of the speakers will touch. I know it’s been said a lot recently, but SaysMe.tv’s ability to let individuals air cable ads is really a game-changer.

For Against
Republicans 46 1
Democrats 5 44
July 9 Senate vote on telecom immunity

It’s been a really difficult 8 years for civil libertarians, and although there’s a sense of change in the air and I’m increasingly confident that we’ll win when the FISA battle resumes early next year, nobody at last week’s Democratic National Convention seemed to want to talk about the damage that’s been done to the Constitution. Is it really possible that issues like the Fourth Amendment, the rule of law, and the underlying Nixonian Article II/”unitary executive” theory aren’t going to be on the table this election? It’s appalling on at least a couple of levels. As an American, I really feel like we should get to vote on whether or not we continue a slide into fascism. And as an Obama supporter, how can an otherwise-intelligent campaign throw away such a huge potential advantage?**

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Get FISA Right gets partisan!

Get FISA Right logoThe new ad stars the Constitution as the main player, with the visual featuring a pan over founding documents. One version of the ad takes aim at the Republican Senators, who voted unanimously to extend the powers of government to listen to Americans’ phone calls and read their emails without a warrant; another highlights John McCain’s strong endorsement of the Bush Administration’s wiretapping policies over the last eight years.

— from Get FISA Right Directs Fire at McCain, GOP

Even though I push back on the media’s framing of civil liberties as a partisan issue — libertarians, greens, and “classic” conservatives value the Constitution just as highly as progressives — there’s no denying the Republican party’s party-line vote on FISA and McCain’s enthusiastic support for the Bush Administration’s warrantless wiretapping efforts. With the conventions signalling a shift into high gear in the campaign, it seemed like a great time for Get FISA Right to complement our earlier non-partisan Don’t let our Constitution die ad.

As the discussion threads on the wiki page show, there were a lot of different ideas for what we might do. There was a tight deadline in order to get things ready to air by the RNC, so we wound up going with a very simple visual; and after some discussion, chose a couple of different voiceovers. We got the usual stellar help from saysme.tv, and I’m really happy with how the ads came out. Here’s one of them:

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“If Ann Coulter had liveblogged the Gettysburg Address”

by Mark Kleinam on The Reality Based Community:

Old Abe is approaching the podium, looking even more like a badly-dressed and ill-proportioned scarecrow suffering from a depressive disorder than he usually does. I mean, if you’re going to be an empty suit, couldn’t you at least find a suit that fits?

And as usual, he’s not wearing an American flag lapel pin. Too good for it, I suppose. Probably thinks it’s tacky, and that “real patriotism” doesn’t have to be displayed. Typical intellectual arrogance.

and much more, with Ann providing line-by-line commentary

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“Election falsification” and other voting issues in Ohio (updated)

Update, March 27: The Columbus Dispatch reports statewide officials say prosecution for Limbaugh is very unlikely: “lying through your teeth and being stupid isn’t a crime.” Ari Melber’s Limbaugh’s Lying Voters Under Investigation on The Nation’s Campaign Matters blog has a lot more.

Kim Zetter’s The Mysterious Case of Ohio’s Voting Machines, on Wired’s THREAT LEVEL, has context for Ohio in general. From earlier in the month, Lingering questions in Ohio and Uncounted delegates & Ohio’s delegate math on Dan Tokaji’s excellent Equal Votes Blog cover the equally-important non-Limbaugh issues.

(originally posted March 7)

streets blocked outside the polling location

Art House Queen’s picture of the streets blocked surrounding the Cuyahoga County Board of Elections symbolizes voter disenfranchisement across the state. They ran out of ballots in Sandusky County and Franklin County; voting machines broke down in Montgomery County and no doubt elsewhere; a dozen computer memory cards spent the night in the back of a sherriff’s van in Lucas County before being counted; in Obama stronghold Cuyahoga County, voter privacy was compromised and huge numbers of provisional ballots still haven’t been counted.

The Secretary of State is “very pleased”, citing it as improvement over 2004 despite horrible weather; and very importantly, the move to paper ballots in Cuyahoga County went well, and the state’s pressuring Diebold to refund the $21 million for the decertified voting machines. Democracy in America, 2008. Nothing to see here, move along, move along …

Except …

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The day after: narrative through the lens of strategy

original essay March 5, 2008

see the comments for updates

Back on February 7, Catherine Dodge and Alex Tanzi of Bloomberg News broke a story on an Obama campaign spreadsheet, “inadvertently” released by the campaign, with their projections (or maybe predictions) of delegates. Ben Smith on Politico has a nice screenshot, and even better a link to the version of the spreadsheet that Catherine and Alex shared. Barack Obama said he hadn’t seen it; his press secretary Bill Burton had a great quote: “This ‘newsy’ spreadsheet is basically an electronic piece of scratch paper with a dozen scenarios blown a little out of proportion.”

As far as I can tell, the press, media, and pundits covering the election responded with a collective “oh okay” and went back to talking about more important topics like their own prognostications, their importance to the electoral process, their responsibilities, their inadequacies, and the threats to mainstream media from blogs and social networks.

From both a strategy and a narrative perspective, this is fascinating on several levels. So building off my past “narrative as strategy” experience with Ad Astra, I’m going to wrap up my month of being a full-time political activist and blogger with some thoughts on these subjects.

Impressively, the Obama campaign’s projections in early February for delegates from yesterday’s voting likely to be within 1% of the actual results, which I bet is a lot more accurate than any professional polling firm or pundit was at the time. Until yesterday, though, they were off-target in most of the other primaries and caucuses. Interestingly, they were always off in the same direction: consistently underestimating their actual performance.

Saying it another way, the Obama campaign’s results between Super Tuesday (when they first said they thought they would have a pledged delegate lead at the convention) and yesterday consistently exceeded their own projections: +3 (three more delegates than expected) delegates in Louisiana, +4 in Maine, +6 in Hawaii and Wisconsin, and so on — including the jackpots of +14 in Virginia and + 15 in Maryland. If I did the math right, it’s +60 overall, for a swing of 120 pledged delegates from Clinton to Obama. From a strategy perspective, this is substantially exceeding expectations, and making success far more likely.

Yesterday, with the aid of a timely leak from the conservative Canadian government that has already provoked questions in their Parliament; equally-timely help from Limbaugh along with an appearance on right-wing talk radio by Bill Clinton, a proposed lynching by O’Reilly, and a Drudge misinformation campaign that manages to be simultaneously racist, anti-Somali, anti-African, anti-Muslim, anti-Democratic party, and anti-Obama; an attack on Obama’s qualifications by McCain coincidentally enough on the same issue as the Clinton campaign’s Rovian “fear over hope” 3 a.m./red phone campaign video (certain to be recycled by Republicans in November no matter who is nominated); some brilliant political theater “live from New York”; and a press and media justifiably ashamed of its sexism and misogyny playing lapdog for a few days while engaging in narcissistic self-analysis about how horrible they are for not doing a better job of covering newsworthy events …

With aid of what they describe as “the kitchen sink,” the Clinton campaign came out tactically slightly ahead: somewhere between four and ten delegates out of the 370 in play. Kudos to them. Even so, yesterday’s results are almost exactly what the Obama campaign had projected a month ago, a likely +3 or +4 over projections in Texas balanced by a likely -2 or -3 in Ohio. The Obama campaign continues to have a huge cushion: 120 pledged delegates over their early-February projections. With less time for a Clinton turnaround, Obama’s strategic advantage has grown … guess they were prepared for the kitchen sink, or something like it.

The common wisdom on the day after the March 4 voting seems to be along the lines of “the kitchen sink worked!”, portraying the Clinton campaign’s comeback in having (somewhat) blunting the Obama campaign’s momentum — Chris Bowers goes so far as to say “Obama has to win Pennsylvania!“. Looking through a strategy lens, that’s not how I see it at all.

What I see is the Clinton campaign having thrown everything they had into a last-ditch effort, barely managing to get a small tactical victory out of it while their overall situation worsens dramatically. In the process, they repeated their disastrous strategic mistakes from South Carolina of going negative and aligning with racists:

  • despite having vowed not to split a party they have been leaders of, and the magic moment in the presidential debate where she described herself as “proud” to be in a presidential race with Barack Obama, they still appear to have collaborated with the Bush-backed Republican candidate in an attack on Obama’s fitness to be commander in chief.
  • The Clinton campaign’s potential role in the Obama-in-Somali-garb photo will call more attention to earlier “Obama is a Muslim” email from Clinton staffers, the series of racially charged attacks documented on the Clinton attacks Obama wiki and elsewhere, and the Clinton campaign’s earlier “playing along” with Drudge. At the same time, the “denounce and reject” standard she proposed in the debate will get continued attention thanks to McCain and Lieberman’s welcoming of virulently anti-Catholic anti-LGBT anti-New Orleans anti-Palestinian (and anti-so-much-more) John Hagee’s support. How many volunteers, staffers, supporters will the Clinton campaign “denounce”? How many contributions will they reject?

As for the press and media, well, props to Saturday Night Live (Al Franken for Senate!); well done indeed, and this is going to keep the spotlight trained the coverage of all the candidates. Has the press really been harder on Hillary? Or, have they been ignoring what appear to be Clinton’s repeated exaggerations of her “experience” and (as Obama put on the table today) the more general issue of judgment and fitness for commander in chief? Will attention to the sexism in the mainstream media’s coverage continue and be followed by attention to the racism and anti-Muslim biases? Will Hillary’s attempt to distance herself from Bill’s NAFTA policy be followed by scrutiny on this and other issues (Iraq sanctions, welfare “reform”, warrantless searches, HIPPA, etc.) to see what she advocated at the time — and what, if anything, she did to persuade the administration of her views? We shall see; I think at least some of these cards the Clinton campaign will played for short-term tactical advantage that will come back to bit them.

Speaking of which: are they truly blind to the huge costs (to their claims of “electability” and to the Democratic party) of focusing attention on whether or not Bill Clinton is there in bed with her when the phone rings at 3 a.m.? He’s a huge drag on her popularity, and a reminder of the past in a time when she’s trying to embrace the rhetoric of change. And I’m as tired of hearing about Monica as everybody else, but it’s folly to ignore the persistent stories that Bill’s partying on the campaign trail this year: whether or not it’s true, the Coulters, Roves, Drudges, Limbaughs, and other “fair and balanced” right-wingers will make hay with this video (and at some level, who can blame them), and so will a million comedians of all political stripes trying to outdo SNL. Where’s the judgment in handing a loaded weapon to opponents who will enjoy profit from and enjoy using it against you, and are very good at what they do? For that matter, since these names are all familiar ones, where’s the learning from all this “experience”?

From a strategy perspective, the Clinton campaign in desperation threw everything they could into March 4. (You can only align with Drudge, Limbaugh, O’Reilly and McCain so many times before voters and superdelegates start to ask whether this is good for the party — and there aren’t a lot of other friendly foreign governments they can call on these days.) At the cost of substantially damaging their campaign as well as their individual reputations, they managed to claw their way to an inconsequential and Pyrrhic “victory”. Mathematically, they’re now very close to elimination. Not a good result for the Clintons at all.

And in terms of the narrative, go back to the spreadsheet. The projections going forward leave plenty of room for overperforming in some states (such as Mississippi, North Carolina, Oregon, Montana) — and the projections already factor in potential losses in Pennsylvania, West Virginia, Kentucky, and Puerto Rico, so (as we strategists like to say) “the downside is capped.” The likely do-over primary in Florida and caucuses in Michigan (not included in the spreadsheet) offer Clinton a chance to pick up a handful more delegates, but nowhere near enough to outweigh the 120-vote cushion so far. When the convention comes around, Obama is going to have a substantial lead with pledged delegates; superdelegates who decide to reflect the will of the voters will follow that. Superdelegates who instead base their vote on electability (see above), party unity, or future party growth (do they really want to alienate the 30-and-under generation to pick the candidate who’s favored by the same 65-and-up crowd as McCain?) will come on board as well.

So, while it’s not over and anything can happen, once all the hard work is done and the votes are counted, I predict that March 4 will be seen as the day that the voters in Texas, Ohio, Rhode Island, and Vermont — and the grassroots volunteers for Obama all around the country and the world — virtually assured Barack Obama’s nomination as Democratic party’s candidate for President of the United States of America.

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What democracy looks like in the US, February 2008

Update, March 6: democracy largely (albeit imperfectly) prevailed in the LA County mess; 47,153 “double bubble” votes were counted in Los Angeles County. What about Ohio? We shall see …

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The Super Tuesday thread!

To avoid overflowing the blog, I’ll use this thread to collect various snippets about Super Tuesday. Stories and threads elsewhere:

Update, 6:40 p.m.: I’m having intermittent problems getting to the Facebook threads, so they may be having a hard time keeping up with the load.

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DA who sent ‘amorous’ and racially charged messages to drop arson charges against Texas Supreme Court Judge

Now that’s a story you don’t see every day!

A Texas Supreme Court justice and his wife were charged on Thursday in an arson fire that destroyed their suburban Houston home last June, the judge’s lawyer said.

But in a bizarre reversal, prosecutors plan on Friday to seek dismissal of the indictments against the justice…

It appeared, the lawyer said, that a grand jury had voted the indictments precipitously over the objection of prosecutors.

District Attorney Charles A. Rosenthal Jr., who has been fending off calls for his resignation over amorous e-mail messages to his executive secretary and other sexually explicit and racially charged messages, issued no statement.

Good thinking on the ‘no statement’ part.

Update on January 18: it’s not just any DA, it’s the guy who defended the Texas law that criminalized homosexuality in Lawrence v. Texas at the US Supreme Court!

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