Which dialogue is funnier? This one about the guy who said a 10-page law was under consideration for a federal court challenge to its constitutionality, but hadn’t taken the trouble to read it:
REP. TED POE: So Arizona, since the federal government fails to secure the border, desperately passed laws to protect its own people. The law is supported by 70 percent of the people in Arizona, 60 percent of all Americans and 50 percent of all Hispanics, according to The Wall Street Journal/NBC poll done just this week. And I understand that you may file a lawsuit against the law. It seems to me the administration ought to be enforcing border security and immigration laws and not challenge them and that the administration is on the wrong side of the American people. Have you read the Arizona law?
ATTORNEY GENERAL ERIC HOLDER: I have not had a chance to — I’ve glanced at it. I have not read it.
POE: It’s 10 pages. It’s a lot shorter than the health care bill, which was 2,000 pages long. I’ll give you my copy of it, if you would like to — to have a copy.
Even though you haven’t read the law, do you have an opinion as to whether it’s constitutional
HOLDER: I have not really — I have not been briefed yet. We, as I said, have had underway a review of the law. I have not been briefed by the people who have been responsible — who are responsible for that review.
POE: Are you going to read the law?
HOLDER: I’m sure I will read the law in anticipation of that briefing. I know that they will put that in front of me, and I’ll spend a good evening reading that law.
POE: Well, I’ve gone through it. And it’s pretty simple. It takes the federal law and makes it — enacts it in a state statute, although makes it much more refined in that it actually says in one of the sections that no state or subdivision may consider race, color, national origin in implementing the requirements of any subsection of this law.
It seems to outlaw racial profiling in the law. I know there’s been a lot of media hype about the — the legislation. Do you see a difference in the constitutionality of a statute and the constitutionality of the application of that statute? Do you see there’s a difference in those two?
HOLDER: Sure, there is a potential for challenging a law on its face and then challenging a law as it is applied. So there are two bases for challenging a particular statute.
POE: And when do you think you will have an opinion as to whether the law is constitutional?
HOLDER: I’ve used this term a lot, but I think this is — I think relatively soon. I think that we have to — there has been much discussion about this. The review is underway. The Department of Justice along with the Department of Homeland Security is involved in this review. And I would expect it — our view of the law will be expressed relatively soon.
POE: You have some concerns about the statute. And it’s — it’s hard for me to understand how you would have concerns about something being unconstitutional if you hadn’t even read the law.
It seems like you wouldn’t make a judgment about whether it violates civil rights statutes, whether it violates federal preemption concepts if you haven’t read the law. So can you help me out there a little bit, how you can make a judgment call on — on that, but you haven’t read the law and determined whether it’s constitutional or not?
HOLDER: Well, what I’ve said is that I’ve not made up my mind. I’ve only made — made the comments that I’ve made on the basis of things that I’ve been able to glean by reading newspaper accounts, obviously, television, talking to people who are on the review panel, on the review team looking at the law.
But I’ve not reached any conclusions as yet with regard to — I’ve just expressed concerns on the basis of what I’ve heard about the law. But I’m not in a position to say at this point, not having read the law, not having had the chance to interact with the people who are doing the review, exactly what my position is.
Or this one about the guy who can’t give a straight answer to a question that the vast majority of Americans find trivially easy?
SMITH: Let me go to my next question, which is — in — in the case of all three attempts in the last year, the terrorist attempts, one of which was successful, those individuals have had ties to radical Islam. Do you feel that these individuals might have been incited to take the actions that they did because of radical Islam?
HOLDER: Because of?
SMITH: Radical Islam.
HOLDER: There are a variety of reasons why I think people have taken these actions. It’s — one, I think you have to look at each individual case. I mean, we are in the process now of talking to Mr. Shahzad to try to understand what it is that drove him to take the action.
SMITH: Yes, but radical Islam could have been one of the reasons?
HOLDER: There are a variety of reasons why people…
SMITH: But was radical Islam one of them?
HOLDER: There are a variety of reasons why people do things. Some of them are potentially religious…
SMITH: OK. But all I’m asking is if you think among those variety of reasons radical Islam might have been one of the reasons that the individuals took the steps that they did.
HOLDER: You see, you say radical Islam. I mean, I think those people who espouse a — a version of Islam that is not…
SMITH: Are you uncomfortable attributing any other actions to radical Islam? It sounds like it.
HOLDER: No, I don’t want to say anything negative about a religion that is not…
SMITH: No, no. I’m not talking about religion. I’m talking about radical Islam. I’m not talking about the general religion.
HOLDER: Right. And I’m saying that a person, like Anwar Awlaki, for instance, who has a version of Islam that is not consistent with the teachings of it…
SMITH: But…
HOLDER: … and who espouses a radical version…
SMITH: But then is — could radical Islam had motivated these individuals to take the steps that they did?
HOLDER: I certainly think that it’s possible that people who espouse a radical version of Islam have had an ability to have an impact on people like Mr. Shahzad.
SMITH: OK. And could it have been the case in one of these three instances?
HOLDER: Could that have been the case?
SMITH: Yes, could — again, could one of these three individuals have been incited by radical Islam? Apparently, you feel that that they could’ve been.
HOLDER: Well, I think potentially incited by people who have a view of Islam that is inconsistent with…
Or this?
Abbott: Strange as it may seem, they give ball players nowadays very peculiar names.
Costello: Funny names?
Abbott: Nicknames, nicknames. Now, on the St. Louis team we have Who’s on first, What’s on second, I Don’t Know is on third–
Costello: That’s what I want to find out. I want you to tell me the names of the fellows on the St. Louis team.
Abbott: I’m telling you. Who’s on first, What’s on second, I Don’t Know is on third–
Costello: You know the fellows’ names?
Abbott: Yes.
Costello: Well, then who’s playing first?
Abbott: Yes.
Costello: I mean the fellow’s name on first base.
Abbott: Who.
Costello: The fellow playin’ first base.
Abbott: Who.
Costello: The guy on first base.
Abbott: Who is on first.
Costello: Well, what are you askin’ me for?
Abbott: I’m not asking you–I’m telling you. Who is on first.
Costello: I’m asking you–who’s on first?
Abbott: That’s the man’s name.
Costello: That’s who’s name?
Abbott: Yes.
Costello: When you pay off the first baseman every month, who gets the money?
Abbott: Every dollar of it. And why not, the man’s entitled to it.
Costello: Who is?
Abbott: Yes.
Costello: So who gets it?
Abbott: Why shouldn’t he? Sometimes his wife comes down and collects it.
Costello: Who’s wife?
Abbott: Yes. After all, the man earns it.
Costello: Who does?
Abbott: Absolutely.
Costello: Well, all I’m trying to find out is what’s the guy’s name on first base?
Abbott: Oh, no, no. What is on second base.
Costello: I’m not asking you who’s on second.
Abbott: Who’s on first!
In our opinion, number two wins because it has irony in addition to humor.