THE NYC TRANSIT WORKERS’ UNION has an unofficial blog, and it’s getting an earful in the comments. Here are some excerpts:

[S]econdly, if i could meet the masterminds behind this strike, i’d personally spit in each of their faces. I know fifty people at my campus who now cannot return to their families for the holiday season, and are being forced to spend their break in a hotel off campus until the transit system is running again. You ought to be ashamed of yourselves doing something this stupid this time of the year. Every single worker participating in the strike is extremely selfish and short sighted.

MORE ON THE WHOLE NSA STORY: I don’t have much to add on the legal analysis linked to earlier, though I still wonder why, exactly, the Administration didn’t just go through FISA. Noah Schachtman continues to pursue the technological theory — that the methodology being used didn’t fit under the FISA umbrella.

Independent from the question of whether this is legal, of course, is the separate charge that the program represents a Bushitlerian departure from prior standards. That seems to be hard to maintain — in many ways, Bush’s policies are merely a continuation of those under Clinton, only with somewhat more vigor post 9/11. If you want to look back on the Clinton Administration as some sort of civil-liberties golden age, you probably shouldn’t read this report from the CATO Institute entitled “Dereliction of Duty: The Constitutional Record of President Clinton.” But here’s a relevant excerpt:

The Clinton administration has repeatedly attempted to play down the significance of the warrant clause. In fact, President Clinton has asserted the power to conduct warrantless searches, warrantless drug testing of public school students, and warrantless wiretapping.

The Clinton administration claims that it can bypass the warrant clause for “national security” purposes. In July 1994 Deputy Attorney General Jamie S. Gorelick told the House Select Committee on Intelligence that the president “has inherent authority to conduct warrantless searches for foreign intelligence purposes.” [51] According to Gorelick, the president (or his attorney general) need only satisfy himself that an American is working in conjunction with a foreign power before a search can take place. . . .

It is unclear why the president made warrantless roving wiretaps a priority matter since judges routinely approve wiretap applications by federal prosecutors. According to a 1995 report by the Administrative Office of U.S. Courts, it had been years since a federal district court turned down a prosecutor’s request for a wiretap order. [68] President Clinton is apparently seeking to free his administration from any potential judicial interference with its wiretapping plans. There is a problem, of course, with the power that the president desires: it is precisely the sort of unchecked power that the Fourth Amendment’s warrant clause was designed to curb. As the Supreme Court noted in Katz v. United States (1967), the judicial procedure of antecedent justification before a neutral magistrate is a “constitutional precondition,” not only to the search of a home, but also to eavesdropping on private conversations within the home. [69]

President Clinton also lobbied for and signed the Orwellian Communications Assistance for Law Enforcement Act, which is forcing every telephone company in America to retrofit its phone lines and networks so that they will be more accessible to police wiretaps.

Whether this view is right or not is a separate question from the easy-to-refute claim that it’s an entirely unprecedented creation of the power-mad Bushitler Administration. It’s odd, then, that it’s the easy-to-refute claim that’s being pushed.

If you’d like more on this topic, Jeff Goldstein has a huge, link-rich roundup.

UPDATE: Sherman, set the Wayback Machine for 1979!

GOOD NEWS FROM FREEDOM HOUSE: “The number of electoral democracies around the world rose from 119 to 122 this year, setting a new record as freedom made inroads in the Middle East and Africa, an independent monitoring group said.”

I THINK MICHAEL KELLY would have loved Michael Yon. What do you think?

IN THE MAIL: Lincoln’s Wrath: Fierce Mobs, Brilliant Scoundrels, and a President’s Mission to Destroy the Press, by Jeff Manber and Neil Dahlstrom. Some of the rhetoric sounds, um, familiar.

Also a new documentary, Saddam Hussein: Weapon of Mass Destruction. It’s got a very positive blurb from Ben Stein: “I watched it and was overwhelmed. You are a saint to have made it.”

The house documentarian was anxious to watch it, so perhaps she’ll post a review, too.

INTELLIGENT DESIGN found to be a “pretext” for religious instruction in public schools. You can read excerpts from the opinion here, courtesy of AP.

UPDATE: Via Howard Bashman, here’s the opinion in full.

A MESSAGE from someone with “absolute moral authority.” I eagerly await Maureen Dowd’s reaction.

EVEN THOUGH I put up the big book recommendation post last night, people keep sending stuff in. I’ll see what I can do with it.

MARSHALL WITTMAN thinks the Democrats are blowing it on national security. “Rather than the 2006 election being about the GOP’ s weak ethics, it may be about the Democrats’ anemic defense credentials.”

Personally, I wish the two parties were both good on defense, so I could pay more attention to other issues.

WORKING AT HOME: The Wall Street Journal reports that telecommuters get less respect:

Many people seem to think that jobs that can be done at home aren’t real jobs. Never mind that home-office dwellers are their own cafeteria staff, shipping-and-receiving clerks and janitors. They never get credit for cutting an employer’s costs, or saving commuting time to do more work. Instead, managers believe that if they aren’t there to witness someone working, it can’t be happening. They envision homebound workers getting away with something, like lounging in their bathrobes and watching “General Hospital.”

It’s as if they believe that the people working under their noses don’t waste a tremendous amount of time talking about last night’s college basketball game, making bids on eBay, or reading only like-minded blogs while on company time. The misconceptions are yet another indication that vacuous symbols of productivity, rather than productivity itself, are all that really count.

Read the whole thing. This sounds funny, but it actually matters, in terms of energy efficiency and environmental cleanliness.

EARLY ELECTION RESULTS are coming out in Iraq. Omar has a report, and people aren’t happy about how well the religious parties did. Here’s more from Kerry DuPont.

Note that, as Omar reported yesterday, the preliminary results leaking out aren’t official, aren’t complete, and seem to be being leaked as an effort to stir things up on behalf of various factions. So stay tuned to see how things develop.

UPDATE: And, in fact, see Omar’s update to see how fast things change.

NEW YORK CITY TRANSIT WORKERS ARE ON STRIKE: This leads Evan Coyne Maloney to comment:

So, we should all give a big Christmas thank you to the Transit Workers Union, who in calling the strike, have become the Grinches for many New Yorkers. We should also reassess the wisdom of allowing our governments and transportation systems to be held hostage by unions.

Read the whole thing.

WHY A FEDERAL VIDEOGAME LAW is a bad idea: My TechCentralStation TCS Daily column is up.

THIS WEEK’S GRAND ROUNDS is up!

THIS IS TROUBLING: “About 150 pounds of commercial plastic explosives has disappeared from a private storage site, along with 2,500 blasting caps and 20,000 feet of explosive detonation cord, authorities said Monday.” These things usually turn out to be just ordinary industrial theft, not terrorism. I hope this turns out that way.

BOLIVIA HAS ELECTED A SOCIALIST who promises to legalize coca production. I expect Evo Morales to be another tedious Latin American lefty disaster, but I don’t think the coca-legalization move is so dumb. The anti-coca program has been a disaster, and ineffective to boot. And contrary to what Gateway Pundit jokes, I think this is probably bad news for crack dealers.

Legalize the stuff, tax it like tobacco, and let the trial lawyers sue sellers for any product defects or dangers. Morales won’t know what hit him.

ABRAMOFF UPDATE:

Montana Sen. Max Baucus, ranking Democrat on the Senate Finance Committee, is donating $18,892 he once got from Abramoff’s clients and associates to seven tribal colleges in his state. The committee is part of a wide-ranging congressional investigation of Abramoff’s activities.

Included in the total is an estimated $1,892 that was never reported for the use of Abramoff’s skybox at the MCI (NASDAQ:MCIP) Center in downtown Washington, D.C., in March 2001. . . .

North Dakota Sen. Byron Dorgan, ranking Democrat on the Senate Indian Affairs Committee, returned $67,000 in donations earlier this month. That committee is also investigating Abramoff.

Somebody was complaining that I haven’t paid enough attention to Abramoff. Hope this makes ’em happy!

TOM MAGUIRE explains all.

WANT TO DO SOMETHING FOR THE TROOPS this Christmas? Visit www.AmericaSupportsYou.mil, Operation Gratitude, and www.SoldiersAngels.com.

BOOK RECOMMENDATIONS: I asked for ’em, and I got ’em! Here goes:

Reader Michael Gebert writes:

For good history, I would champion the author William Lee Miller, who’s written two books which knocked the cobwebs off a familiar era– America around the time of the Civil War. Arguing About Slavery is about the debates in Congress over slavery (and the debate over whether Congress even had the right to debate it, etc.); full of wonderfully overripe chunks of 19th century bloviation from the Congressional records of the day, it also shows how the South, by overplaying its hand, turned Northern public opinion toward abolition, a lesson in the excesses of extremism which certain members of Congress could certainly learn from today. And Lincoln’s Virtues is a terrific book about Lincoln the practical politician and how he balanced his ideals with what it took to win office and be effective; a great book about how you can achieve power without losing your soul and, indeed, accomplishing in the end exactly what you set out to do.

TigerHawk emails:

The three most interesting/entertaining books that I read in the last year:

The Right Nation, by John Micklethwait and Adrian Wooldridge. Two British reporters discuss the rise of the American right over 40 years. They are so balanced in their analysis that it is almost impossible to divine the political opinions of the authors. Simply the best book on American politics that I have ever read.

New Glory, by Ralph Peters. Beautifully written, Peters spares almost nobody in this analysis of American geopolitics. Whether on the inside of the Bush administration or to its left or right, there is something in this book that will challenge your assumptions and force you to confront your own biases.

Old Boys, by Charles McCarry. A very thought-provoking spy novel by a former spy, both literate and entertaining. How retired old cold warriors on the outside limber up to rescue a comrade and interdict an Islamist nuclear weapon, all in the same very black op. A stupendous thriller by an unheralded master of the craft.

Jefferson Perkins emails:

Ayn Rand’s Atlas Shrugged. Perhaps the most important philosophical work of the 20th Century, and I don’t think it’s going to be recommended by most of today’s faculty. One liberal friend of mine refuses to even read it, his mind might be poisoned or something — Written in 1957, it is as eerily prescient as de Toqueville in some matters, such as the expansion in size and power of the federal government.

The Federalist Society’s little booklet containing the Declaration of Independence and the Constitution of the United States.

Hayek’s Road to Serfdom. Although it’s a little dated, as Hayek focussed on post WWII “Central Planning” rather than other governmental mischief.

J.R.R. Tolkien’s Lord of the Rings, the best fantasy series ever written, period. I don’t know whether these works have been elevated into “English Literature” as yet — but they should be.

Richard Kemmer writes, “This book about the Reformation is superb.”

Kirsten Mortenson emails:

1491: New Revelations of the Americas Before Columbus, by Charles C. Mann. Very well-written survey of the latest research & analysis of pre-Columbian Native American culture. Couldn’t put it down.

Shakespeare: The Biography, Peter Ackroyd. This is what I’m reading now. I adore Ackroyd. I’ve also read “London” and have a couple other of his books on my Amazon wish list. Now if I can just get my dad to part with his complete Shakespeare that he claims to have in the attic :-)

Ernesto Suarez writes: “The World Was Going Our Way: The KGB And The Battle For The Third World. I read it. It’s an excellent and well documented book that definitely gives a different perspective about the history of international relations for the past almost 50. years. I highly recommend it.”

Mike Erickson writes:

If you are interested in the history of the space program may want to look at my brother’s book.

Since it was written on the government’s nickel, you can also download a complete and unabridged pdf.

It is quite interesting to read various expert’s opinion of the need (or lack thereof) for human space flight from an earlier era, and how it is echoed by many today.

Hey, if we’re going to plug brothers’ books, let me take a moment to plug my brother’s book, Trading Tastes : Commodity and Cultural Exchange to 1750 — or his other book, Africa in World History. Buy ’em both — they’re great stocking stuffers!

I’m sure I’ve missed a bunch, but there are lots more recommendations at the Big Tent history blog.

WANT A NIKON D200 for Christmas? So do a lot of people.

GOOD NEWS FOR BUSH:

President Bush’s approval rating has surged in recent weeks, reversing what had been an extended period of decline, with Americans now expressing renewed optimism about the future of democracy in Iraq, the campaign against terrorism and the U.S. economy, according to the latest Washington Post-ABC News Poll.

Bush’s overall approval rating rose to 47 percent, up from 39 percent in early November, with 52 percent saying they disapprove of how he is handling his job. His approval rating on Iraq jumped 10 percentage points since early November to 46 percent, while his rating on the economy rose 11 percentage points to 47 percent. A clear majority, 56 percent, said they approve of the way Bush is handling the fight against terrorism — a traditional strong point in his reputation that nonetheless had flagged to 48 percent in the November poll. . . . A solid majority (60 percent) agrees with Bush on his opposition to setting a timetable for withdrawing forces. Of the 39 percent who favor a deadline, 31 percent would like to see all U.S. troops removed by the end of next year. The poll also found Americans slightly more receptive to a candidate for Congress next year who opposes a timetable than to one who supports a timetable.

This poll predates last night’s speech and this morning’s press conference, of course.

BRENDAN O’NEILL: “Bin Laden’s script: ghost-written in the West.” Plus there’s this:

Is it that the dumbing down of public life is now so complete that even a loon like bin Laden can get five stars from literary pundits for saying things like ‘kill the Americans and seize their money wherever and whenever [you] find them’ (December 1998) and ‘My kidneys are all right’ (November 2001)?

I think he stole that last from The Who, with a slight translation error creeping in . . . . Read the whole thing, which is a pretty damning indictment of a lot of literary — and political — punditry.

ON THE CUTTING ROOM FLOOR: Where I usually wind up . . . .

ORIN KERR has a big post on the NSA surveillance story. Excerpt:

My answer is pretty tentative, but here it goes: Although it hinges somewhat on technical details we don’t know, it seems that the program was probably constitutional but probably violated the federal law known as the Foreign Intelligence Surveillance Act. My answer is extra-cautious for two reasons. First, there is some wiggle room in FISA, depending on technical details we don’t know of how the surveillance was done. Second, there is at least a colorable argument — if, I think in the end, an unpersuasive one — that the surveillance was authorized by the Authorization to Use Miltary Force as construed in the Hamdi opinion.

Meanwhile, Marty Lederman also has a long post, and observes:

In his press conference this morning, the President focused on two things: (i) defending the legality of his Executive Orders authorizing eavesdropping of conversations involving U.S. persons (including citizens); and (ii) scolding Senators for refusing to reenact the PATRIOT Act.

What virtually no one is pointing out is the incongruity of these two arguments — that if the President is correct about the legality of his wiretapping protocol, then there is little need to reenact the PATRIOT Act.

Read the whole thing(s).

UPDATE: Daniel Solove has more.

ANOTHER UPDATE: Ann Althouse observes: “Members of Congress were briefed about the program in the past and did not see fit to take a position about it one way or the other. They were content to let the President act and but feel pressured to do something now that the program is no longer secret. Let’s see what they do.”

She also notes that Bush seems awfully relaxed and confident when this topic comes up. I wonder why?

DefenseTech says it’s all about new technology — and has the coolest illustration so far on this topic!

And Tom Maguire looks at what Congress knew and when it knew it. The 1990s?

MORE: Tom Smith responds to Orin Kerr’s post. The blogosphere is certainly producing more erudite commentary by law professors than the MSM-osphere.