The Man from Panama.

“‘There are powerful arguments that Senator McCain or anyone else in this position is constitutionally qualified, but there is certainly no precedent,’ said Sarah H. Duggin, an associate professor of law at Catholic University who has studied the issue extensively. ‘It is not a slam-dunk situation.’” Well, that explains the love for TR’s Big Stick diplomacy. As it turns out, Sen. John McCain was born in the Panama Canal zone, potentially complicating his constitutional eligibility for president. “The conflict that could conceivably ensnare McCain goes more to the interpretation of the archaic phrase ‘natural born’ when weighed against intent and decades of immigration law…Quickly recognizing confusion over the evolving nature of citizenship, the First Congress in 1790 passed a naturalization law that did define children of citizens ‘born beyond the sea, or out of the limits of the United States to be natural born.’ But that law is still seen as potentially unconstitutional and was overtaken by subsequent legislation, which omitted the natural-born phrase.

Hmmm. Maybe next time the GOP try to ratchet up the virulent xenophobia, we should perhaps remind them that at least our putative standard-bearer is definitively a “natural-born citizen” of the republic. And I wonder, will “activist judges” on the Supreme Court really forego a strict reading of our constitution and let this foreign-born fellow, John Sidney McCain, run for president? Strict constructionists should blanch at the thought. Update: Sen. Obama co-sponsors a bill to help McCain out.

Yale Man with God.

“If National Review is superfluous, it is so for very different reasons: It stands athwart history, yelling Stop, at a time when no one is inclined to do so, or to have much patience with those who so urge it.” A farewell to one of the left’s most formidable and forthright adversaries, who began his career as a nonconformist and, from the war on drugs to Dubya and the neocons, relished bucking the trend until his final days. I hardly ever agreed with the man, and, indeed, found many of his strongly-held views repellent. But, particularly as far as arch-conservatives go, I did have a good bit of respect for him. William F. Buckley, 1925-2008.

My friends (are lobbyists), my friends. | FEC: Nope.

While the NYT’s botched bombshell involving Maverick and Iseman has thus far only seemed to help Sen. McCain to make nice with his unreconstructed right flank, the WP posts an A1 follow-up showing how the story may bite McCain yet. To wit, his campaign is completely dominated by lobbyists. “[W]hen McCain huddled with his closest advisers at his rustic Arizona cabin last weekend to map out his presidential campaign, virtually every one was part of the Washington lobbying culture he has long decried.

Meanwhile, concerning the “other” McCain scandal at the moment, the Republican head of the FEC, David Mason, comes down against McCain’s attempted gaming of the public financing system, and argues he can’t duck out of public financing now. “‘This is serious,’ agreed Republican election lawyer Jan Baran. Ignoring the matter on the grounds that the FEC lacks a quorum, Baran said, ‘is like saying you’re going to break into houses because the sheriff is out of town.’

Update: Newsweek‘s Mike Isikoff, one of the also-rans for the Iseman scoop, pokes a hole in McCain’s denial. Regarding the Paxson letters to the FCC, McCain said yesterday that ““No representative of Paxson or Alcalde & Fay personally asked Senator McCain to send a letter to the FCC.” The problem? This contradicts a sworn deposition by McCain taken in 2002, when McCain said: “I was contacted by Mr. Paxson on this issue.” D’oh!

Update 2: Now, Paxson says he met with the Senator, despite McCain’s statement to the contrary. “Paxson also recalled that his lobbyist, Vicki Iseman, attended the meeting in McCain’s office and that Iseman helped arrange the meeting. ‘Was Vicki there? Probably,’ Paxson said in an interview with The Washington Post today. ‘The woman was a professional. She was good. She could get us meetings.’

The Axe Falls on Renzi.

Speaking of Arizona Republicans in hot water, Rep. Rick Renzi is indicted on 35 counts of “conspiracy, wire fraud, money laundering, extortion and insurance fraud.” Kicked off the House Intelligence Committee when news of his shadiness emerged in 2005, Renzi also played a role in the persecuted prosecutors scandal, when it came out that both he and former AG Alberto Gonzales had pressured the US attorney to hold fire on him.

Some More State of the States.

Electability update: In case you missed the recent state poll findings showing that at least nine swing states choose Obama over McCain and McCain over Clinton (totalling 100 electoral votes, if you throw in Michigan below), the polling firms have crunched some more numbers. Here are a few more where the party winner doesn’t change, but the margin of victory/defeat is considerably better for Sen. Obama:

  • Kansas: McCain beats Obama by 6 (50%-44%), McCain beats Clinton by 24 (59%-34%).

  • Michigan: Obama beats McCain by 8 (47%-39%), McCain and Clinton are tied (44%).

  • New York (yes, Sen. Clinton’s home state): Obama beats McCain by 21 (57%-36%), Clinton beats McCain by 11 (52%-41%).

    The only state examined thus far where Sen. Clinton outpolls Sen. Obama by a significant margin is Florida. (McCain beats Clinton by 6 (49%-43%), McCain beats Obama by 16% (53%-37%)) That margin seems to have a bit to do with the Florida delegate fiasco, however: “Most notably, just 55% of Sunshine State Democrats say they would vote for Obama over McCain.” One would presume that figure would change after the convention, and after Sen. Obama has a chance to campaign in the Sunshine State.

  • Vicki don’t lose that number.

    Early in Senator John McCain’s first run for the White House eight years ago, waves of anxiety swept through his small circle of advisers. A female lobbyist had been turning up with him at fund-raisers, visiting his offices and accompanying him on a client’s corporate jet. Convinced the relationship had become romantic, some of his top advisers intervened to protect the candidate from himself — instructing staff members to block the woman’s access, privately warning her away and repeatedly confronting him, several people involved in the campaign said on the condition of anonymity.

    Remember the hubbub back in December over a spiked NYT story about John McCain and some lobbyist shenanigans? Well, it finally dropped, and it involves possible favorable treatment for — and a possible romance with — a young female telecom lobbyist, Vicki Iseman (who, it must be said, looks eerily like Cindy McCain.) “In interviews, the two former associates said they joined in a series of confrontations with Mr. McCain, warning him that he was risking his campaign and career. Both said Mr. McCain acknowledged behaving inappropriately and pledged to keep his distance from Ms. Iseman.” So there’s definitely smoke, but is there fire? This story doesn’t quite stick the landing on either the romance (both parties deny it, although they did seem to spend some time together) or the lobbyist favors (it does mention McCain urging the FCC in 1999 (before my time there) to back an Iseman client, Paxson Communications, at her request, and it rehashes McCain’s involvement with the Keating 5.) But perhaps there’s more to the story? If there isn’t, I don’t really see this having legs. Update: The WP follows up with their own version, which notes that Iseman used to tout her McCain connections to other lobbyists. Still no smoking gun, tho’.

    Update: The McCain campaign has responded here, calling the piece a “hit and run smear campaign.” (This response, however, sidesteps the question of a possible affair. For what it’s worth, McCain has admitted to extramarital affairs during his first marriage. And, while he voted to convict Bill Clinton during the impeachment fiasco, he also said then that “I do not desire to sit in judgement of the President’s private misconduct. It is truly a matter for him and his family to resolve…I have done things in my private life that I am not proud of. I suspect many of us have.“)

    Update 2: It looks like release of the NYT piece was prompted by a TNR story about the Grey Lady holding back, which [Updated] came out today. (Apparently, other news outlets have been chasing the story too.) In the meantime, we can content ourselves with a better documented, albeit less sexy, McCain scandal, namely his obvious gaming of the public financing system: “What we know is that McCain found a way to use the public funds as an insurance policy: If he did poorly, he would use public funds to pay off his loans. If he did well, he would have the advantage of unlimited spending. There’s a reason no one’s ever done anything like this. It makes a travesty of the choice inherent in voluntary public financing, between public funds and unlimited spending…Legal or not, it should bring to an end whatever tiny thread of credibility John McCain still has as a straight-talker or reformer of the political process.

    It don’t mean a thing, if you ain’t got those swings.

    As posted here awhile ago, national polls have consistently shown Sen. Barack Obama performing better against John McCain than Sen. Hillary Clinton. Well, the polling firm Rasmussen has taken the question a step further, and begun asking swing states what they think of the three remaining candidates. Check these out.

  • Colorado: Obama beats McCain by 7 (46%-39%), McCain beats Clinton by 14 (49%-35%).
  • Minnesota: Obama beats McCain by 15 (53%-38%), McCain beats Clinton by 5 (47%-42%).
  • New Hampshire: Obama beats McCain by 13 (49%-36%), McCain beats Clinton by 2 (43%-41%).
  • Nevada: Obama beats McCain by 12 (50%-38%), McCain beats Clinton by 9 (49%-40%).
  • Oregon: Obama beats McCain by 9 (49%-40%), McCain beats Clinton by 3 (45%-42%).
  • Pennsylvania: Obama beats McCain by 10 (49%-39%), McCain beats Clinton by 2 (44%-42%).

    The only swing state studied thus far that can give the Clinton campaign any comfort is Missouri, which shows a statistical tie: McCain beats Clinton by 1 (43%-42%), McCain beats Obama by 2 (42%-40%).

    On the issue of electability, the choice seems clear. Update: SurveyUSA has more, and they follow the same pattern.

  • Iowa: Obama beats McCain by 10 (51%-41%), McCain beats Clinton by 11 (52%-41%).
  • Virginia: Obama beats McCain by 6 (51%-45%), McCain beats Clinton by 3 (48%-45%).
  • Wisconsin: Obama beats McCain by 10 (52%-42%), McCain beats Clinton by 7 (49%-42%).

  • Sir Charles: Conservatives are not in my 5.

    I don’t like what the Republicans have done to our country.Obama supporter, former Republican, and 2014 Alabama gubernatorial candidate Charles Barkley is mad as hell and not gonna take it anymore. “Every time I hear the word ‘conservative’ it make me sick to my stomach, cause they’re really just fake Christians, as I call them. That’s all they are…They want to be judge and jury…These Christians are not supposed to judge other people, but they’re the most hypocritical judges of people we have in this country. And It bugs the hell out of me. They act like they’re Christians and they’re not forgiving at all.

    In Contempt.

    At long last, some movement on the persecuted prosecutors front. As the Republicans walk out in a huff (after disrupting Tom Lantos’ memorial service — classy), the House votes to hold Harriet Miers and Josh Bolten in contempt of Congress. “The citations charge Miers with failing to testify and accuse her and Bolten of refusing Congress’ demands for documents related to the 2006-2007 firings.

    Senate: No More Water Torture. McCain: Well…

    The Senate bans waterboarding by a vote of 51-45 and, surprisingly enough, straight-talker John McCain votes against the bill. “McCain sided with the Bush administration yesterday on the waterboarding ban passed by the Senate, saying in a statement that the measure goes too far by applying military standards to intelligence agencies. He also said current laws already forbid waterboarding, and he urged the administration to declare it illegal.” God forbid we take too strong a stance against torture, eh, Senator? For shame.