The Washington Post, USA Today, and the Wall Street Journal's world-wide newsbox all lead with the first day of hearings featuring Supreme Court nominee Sonia Sotomayor. The senators did most of the talking yesterday, and Republicans were quick to try to portray her as someone who would allow her personal feelings to affect her rulings. When it was her turn to speak, Sotomayor read a seven-minute statement in which she said her judicial philosophy centers around "fidelity to the law" and she believes a judge's job "is not to make law" but "to apply the law." The Los Angeles Times leads with news that Gov. Arnold Schwarzenegger fired three of the six members of the state Board of Registered Nursing. The move came a day after the paper reported that the board often takes years to discipline nurses accused of wrongdoing. Another board member had already resigned Sunday.

When the WSJ revealed some new information about the secret CIA program yesterday, it mentioned there was talk of setting up Special Forces teams that would operate in much the same way the Israelis did after the Munich Olympics attacks. As the papers reveal more details about the program, it's becoming clearer that comparison seems quite appropriate. The idea was to create teams of CIA agents and Special Forces to "put bullets in [the al-Qaida leaders'] heads," a former intelligence official tells the WSJ. The program had been discussed since the 2001 attacks but never became operational. The LAT says that as recently as a year ago the CIA discussed testing out the program to see whether the teams could be effective. Many within the CIA were determined to find a way to make this work, even as the Predator drone emerged as an effective way to kill al-Qaida leaders. The NYT points out that officials wanted to create a more "surgical" way to kill terrorists that wouldn't lead to so many civilian casualties and that could be used in crowded areas.

Ultimately, though, the program never got off the ground due to a number of obstacles that could never be reconciled. "It sounds great in the movies, but when you try to do it, it's not that easy," a former intelligence official tells the NYT. "Where do you base them? What do they look like? Are they going to be sitting around at headquarters on 24-hour alert waiting to be called?" Besides the logistical difficulties, there were also legal and political considerations. Although assassinations are banned, it doesn't apply to killing enemies of war. And besides, what's the difference between assassinating someone with a missile and assassinating with a handgun? Legally, nothing. But politically, it doesn't quite look the same and would undoubtedly have to involve teams of Americans violating a country's sovereignty.

Several officials insist that since the program never became operational, there was no reason to disclose information about it to lawmakers. But others aren't so sure. One intelligence official tells the Post that lawmakers should have been notified because certain elements were operational and involved "significant resources and high risk." There's also disagreement about how instrumental former Vice President Dick Cheney was in keeping the program secret from lawmakers. The WP and LAT both quote intelligence officials who say that Cheney's role has been exaggerated as he wasn't really that involved in the program and only urged that congressional notification be delayed until the CIA had its plan straightened out. "It was more like, before you go around and start talking about this, see if it is something you can make happen," a former official tells the LAT.

USAT points out that it became clear in Sotomayor's first day before lawmakers that she "will have to answer not only for her own record but for President Obama's desire for a jurist with 'empathy.' " Even as some are predicting that the hearings could become contentious, it doesn't change the fact that something extraordinary would have to happen for Sotomayor not to become the first Hispanic on the nation's highest court. "Unless you have a complete meltdown," Republican Sen. Lindsey Graham said, "you are going to get confirmed." Still, as the LAT highlights, Republicans seem to be focused now on trying to convince the public that she is a biased judge. Four of the seven Republicans in the Senate Judiciary Committee referred to Sotomayor's much-publicized comment that a "wise Latina" would "hopefully" make better decisions than a white man because of her life experiences. "If I had said anything remotely like that, my career would have been over," Graham said.

Democrats praised Sotomayor and used the opportunity to criticize Chief Justice John Roberts, saying that while he had promised to respect precedent in his confirmation hearings he has since led the court in an even more conservative direction. In his confirmation hearings, Roberts famously compared judges to umpires. "Umpires don't make the rules, they apply them," he said. Yesterday, senators kept going back to that quote. "It's a little hard to see home plate from right field," Sen. Richard Durbin quipped. And Sen. Russ Feingold emphasized that some of the court's most important decisions "require much more than the mechanical applications of existing legal principles."

The NYT and WSJ front news that Steven Rattner, the so-called auto czar who led the administration's bailouts of General Motors and Chrysler, is stepping down. The resignation comes at a time when the New York attorney general's office has "intensified" its investigation into Rattner and the Quadrangle Group, a private-equity firm he co-founded that has been under scrutiny lately for allegedly paying to get access to New York's public-pension business. It's not clear whether his resignation is connected to the probe, and Treasury Secretary Timothy Geithner described the move as a natural transition now that GM and Chrylser are out of bankruptcy restructurings. But that seems a bit suspect, particularly considering Rattner isn't going back to Quadrangle and he wanted to get into politics. Ron Bloom, a senior member of the autos task force and former adviser to the United Steelworkers, will take over.

As she prepares for her final days in office, Gov. Sarah Palin writes an op-ed piece for the WP criticizing the cap-and-trade energy initiative, which she oh-so-creatively dubs the "cap-and-tax plan." She doesn't quite say it but suggests—"at risk of disappointing the chattering class"—that a significant amount of her time will be spent lobbying against the plan once she leaves office. Palin asserts that while it is true that "we need to reform our energy policy," the "answer doesn't lie in making energy scarcer and more expensive!" Palin writes that the plan's "ironic beauty" is that "even the most ardent liberal will understand supply-side economics." What should we be doing instead? Unsurprisingly, it's a throwback to last year's campaign: Drill Here, Drill Now.

 

The Los Angeles Times leads with a look at the way that some of Mexico's most dangerous cities look as if they're "under military occupation," as the army has essentially taken over police work. During the two-and-a-half-year military offensive against the drug cartels, Mexico has sent more than 45,000 troops to dangerous places across the country, but there is little sign of progress and increasing concern that troops are abusing their power. USA Today leads with the head of the Army's suicide task force saying that commanders aren't doing a good enough job of monitoring troubled soldiers, which has contributed to the record number of suicides. Suicidal soldiers often exhibit similar risky behaviors, and if commanders were better trained to identify certain tell-tale signs, they could seek help for those who might be in trouble before it's too late. The New York Times leads with new numbers that show black New York City residents have been disproportionately affected by the recession. Overall, the number of unemployed blacks increased four times as fast as the number of unemployed whites.

Even though the WSJ was able to find out the most information about the secret CIA program that was kept from lawmakers, details are scant, so we still don't know the precise nature of the program. Still, the paper's sources say the agency spent money on planning and possibly some training to enact an effort to carry out a 2001 presidential authorization to capture or kill al-Qaida operatives. Republicans insist the program was still in planning stages and didn't move forward to the point at which lawmakers should have been notified. The discussions about targeted assassinations apparently took place among a small CIA unit right after Sept. 11 and included talk of creating teams of military Special Forces that would operate in much the same way the Israelis did after the Munich Olympics attacks. "It was straight out of the movies," one of the former intelligence officials said. "It was like: Let's kill them all."

Yesterday, Democratic lawmakers hinted that the Bush administration may have broken the law in keeping information about the CIA secret from Congress. Sen. Dianne Feinstein, D-Calif., said Panetta told lawmakers that former Vice President Dick Cheney ordered that the information be kept from Congress. Feinstein said this is a "big problem, because the law is very clear," while Sen. Richard Durbin of Illinois said the secrecy "could be illegal."

The WP and NYT both front looks at how the White House is under renewed pressure to investigate controversial Bush-era programs. The WP says that administration officials "have begun to concede that they cannot leave the fight against terrorism unexhumed." Following Saturday's NYT story that the Bush administration blocked investigations into the mass killing of prisoners in Afghanistan by local forces, Obama ordered officials to look into the matter. On top of that, Attorney General Eric Holder appears to be leaning toward naming a criminal prosecutor to examine whether detainees were tortured. And, of course, there's the secret CIA program and the recent revelations that there was more to the domestic eavesdropping programs. All in all, "the intelligence apparatus is under siege" on "four fronts," says the NYT. Many senior officials in the White House were eager to avoid these investigations into the past that, they felt, would only distract from their priorities. But it seems officials are starting to realize they might have little choice in the matter. As the WP notes, federal law-enforcement officials "are obliged to investigate possible violations of anti-torture statutes and other criminal laws," so it's difficult for the administration to pretend all this information doesn't exist.

Despite Sotomayor's virtually assured confirmation, analysts say there will be plenty to watch for during the weeklong hearing. Democrats are hoping that Republicans will be so enthusiastic in their criticism of Sotomayor that they will anger Latinos. For their part, Republicans hope that the hearing can help energize their base. USAT points out that senators will be using their exchanges with Sotomayor as a way "to establish the tone for any future nominations by Obama." Liberals hope that if she receives an overwhelming amount of support, it will push Obama to pick even more progressive nominees in the future. The WSJ says that Sotomayor opponents "would consider it a victory" if slightly more than half of the Senate's 40 Republicans voted against her confirmation. That way, the GOP could show support to its base but also avoid angering Hispanic voters by not entirely dismissing her nomination. Republicans are aiming for 23 votes against Sotomayor, which would be one more than what Chief Justice John Roberts received "and would reflect a significant protest vote."

The NYT fronts speculation that Goldman Sachs will report a profit of more than $2 billion for the March-June period on Tuesday. If analysts are correct in their estimates, it will represent a huge triumph for a bank that only recently paid back its bailout cash to the government and had a quarterly loss of $2.12 billion last fall. Goldman has been able to make huge profits off the credit crisis, partly by embracing risk that others haven't been willing to take. Huge profits also mean huge paydays. Analysts predict Goldman will pay a total of $18 billion in compensation and benefits to its 28,000 employees. Some think Goldman's success will push other banks to once again pursue riskier trading strategies just to keep up. "Someone takes risks and makes money—maybe they were smart, maybe they were lucky," one expert said. "But then everyone else feels like they need to take the same risks."

The WP off-leads a look at how, despite what Washington insiders might say, Iran doesn't have a huge embassy in Nicaragua. For months, many in Washington, including Secretary of State Hillary Clinton, have been talking about Iran's construction of a "super-embassy" in Managua, Nicaragua. But no such structure exists, and the WP uses it as an example of how Iran's expansion into Latin America really isn't all that it's cracked up to be. It's true that Venezuela has encouraged Iran to expand in Latin America and it has opened six new embassies in the area since 2005. But analysts say that even though Iran has signed lots of high-profile agreements, promising to invest billions of dollars in Latin America, the money often fails to materialize.

The papers report that, according to a South Korean cable television network, North Korean leader Kim Jong-il has "life-threatening" pancreatic cancer. The cancer was apparently diagnosed around the time he had a stroke last summer. If true, it means Kim may not have long to live. Pancreatic cancer is usually found in its final stage, and only about 5 percent of people with the disease live for more than five years.

Brüno may have been the No. 1 movie in the country over the weekend, but studio executives aren't likely to be jumping for joy this morning. The movie sold $14.4 million on its opening day, but then receipts fell 39 percent on Saturday. The LAT says the Saturday decline was the "second biggest in modern history for a movie that didn't open on a holiday weekend." A representative sample of moviegoers gave the film a "C," considered an extremely low mark. Ultimately, Brüno pulled in around $30.4 million. In 2006, Borat made $26.5 million its opening weekend, but it opened on less than half as many screens.

 

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Old and Fat
Were there obese people 35,000 years ago?
By Christopher Beam
Posted

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 Still CurrentThirty years    of   AC/DC.

Brian Johnson (left) and Angus Young of AC/DCThe zeitgeist can be a keen ironist. Even as the punks of the mid-1970s were fuming and scheming in their English or American ratholes, menacing the future with dreams of a stripped-down rock 'n' roll noise that would kill all the hippies forever, their omens were being unexpectedly fulfilled by two tiny Scotsmen in Sydney, Australia. By 1975, the band built by Malcolm Young and his little brother Angus was already the complete statement: sawn-off Chuck Berry riffs, blood-throb bass, pistonlike 4/4 drums, and boisterously anti-social lyrics, everything delivered with a special edge of mania.

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