E-mail:
Jack Balkin: jackbalkin at yahoo.com
Bruce Ackerman bruce.ackerman at yale.edu
Ian Ayres ian.ayres at yale.edu
Corey Brettschneider corey_brettschneider at brown.edu
Mary Dudziak mary.l.dudziak at emory.edu
Joey Fishkin joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber mgraber at law.umaryland.edu
Stephen Griffin sgriffin at tulane.edu
Jonathan Hafetz jonathan.hafetz at shu.edu
Jeremy Kessler jkessler at law.columbia.edu
Andrew Koppelman akoppelman at law.northwestern.edu
Marty Lederman msl46 at law.georgetown.edu
Sanford Levinson slevinson at law.utexas.edu
David Luban david.luban at gmail.com
Gerard Magliocca gmaglioc at iupui.edu
Jason Mazzone mazzonej at illinois.edu
Linda McClain lmcclain at bu.edu
John Mikhail mikhail at law.georgetown.edu
Frank Pasquale pasquale.frank at gmail.com
Nate Persily npersily at gmail.com
Michael Stokes Paulsen michaelstokespaulsen at gmail.com
Deborah Pearlstein dpearlst at yu.edu
Rick Pildes rick.pildes at nyu.edu
David Pozen dpozen at law.columbia.edu
Richard Primus raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph alice.ristroph at shu.edu
Neil Siegel siegel at law.duke.edu
David Super david.super at law.georgetown.edu
Brian Tamanaha btamanaha at wulaw.wustl.edu
Nelson Tebbe nelson.tebbe at brooklaw.edu
Mark Tushnet mtushnet at law.harvard.edu
Adam Winkler winkler at ucla.edu
The Chairman of the Democratic Party is actually attacking President Bush on his military record, the New York Times reports. Instead of cowering in the corner when the media said that the charge of desertion was false, Terry McAuliffe is raising the more plausible question whether the President was AWOL while in Alabama. Nevertheless, it is particularly strange to me that McAuliffe chose to break this story on Super Bowl Sunday, which is not a good time to cover a political event.
The Times reports that Terry McAuliffe's statement "came two days after a scathing attack on President Bush's war record, delivered by Senator Max Cleland of Georgia on behalf of Mr. Kerry." Cleland said "Mr. Kerry was "a real deal" and President Bush was "a raw deal." He added, "We need somebody who felt the sting of battle — not someone who didn't even complete his tour stateside in the Guard.""
What is remarkable is that the Dems are making such a gamble now when the issue was first raised in June of 2000. By having the Chairman of the Democratic Party take up this line, they are making it impossible for the media not to pay attention to it. Of course, it may seriously backfire, if it turns out that Bush's unexplained absences were accounted for. But even if Bush made up the lost time later, (as the New York Times suggested in November 2000, see my previous post here) the real issue will be (1) whether he used his family connections to get special treatment that allowed him to make up the lost time that would not have been extended to the average Joe, and (2) whether there is a reason why he would not submit to a physical examination for a substantial period of time during his National Guard service. (In fact, Joe Conason reports that Bush was eventually grounded because he wouldn't submit to a physical examination.). The key issues, therefore, are not whether Bush met the technical definition of AWOL (for he might have made up the lost days later on) but the use of family connections to get special treatment and the refusal to take a physical exam. It will be interesting to see whether the media picks up on these features of the controversy or buries them.
I had long expected that this was going to be the dirtiest presidential campaign since 1988, when Lee Atwater pounded Michael Dukakis into the ground. I had no idea that the Dems would be giving back as good as they get.