31 March 2009

The Liberal Party of Canada and Canadian Federal MP / Liberal Party Leader Michael Ignatieff


Present, but Not Accounted For

by Rick Mercer

As originally posted on: Rick Mercer.com
March 25, 2009


Michael Ignatieff really wants to be Prime Minister. Of that there is no doubt.

In fact, he is so committed to the idea of running Canada, he moved here to do it. Which I think is a good thing because as a nation I don't think we're completely comfortable with the notion of a Prime Minister living in Massachusetts.

So he's here now, he's fully committed, but I can't help but wonder: does he have any opinions on anything? Because I haven't really heard them. In fact Tory backbenchers have more to say about public policy and most of them have had their tongues removed.

It seems to me the only thing we really know about Iggy is his resume. And if you talk to any Liberals and you ask them any questions about Iggy, that's what they do, they quote his resume. You say, "what does he really think about Afghanistan?" They'll say "he wrote nineteen books."

You say, "what does he think about an auto bailout?" They'll say "he used to teach at Harvard."

You say, "does he have a plan to fight climate change?" And they'll say "he has a class five driver's license." Okay maybe that part's not true. But it might as well be, because when it comes to public policy I don't think the man has any.

And just in case you're wondering if this is just a case of a guy trying to find his feet, it's not. The Liberals have a policy convention coming up in May and they've just announced they won't be revealing any policy. It's a no-policy policy convention. Or what the rest of us might call a night out with the lads.

Michael you might be a very smart guy, but Canadians, we're not that stupid. You think you should be Prime Minister? Fine, but showing up is not good enough. Eventually you're going to have to tell us why.

30 March 2009

Former New York Lawyer Anne Adams


Adams resigns as lawyer as legal problems mount

by Patrick Lakamp

As originally posted: The Buffalo News
March 16, 2009


Anne E. Adams has resigned from practicing law and now is banned from appearing as an attorney. In a March 6 order, the Appellate Division struck Adams from the state’s roll of attorneys. Two weeks earlier, Adams had pleaded guilty to three misdemeanors for drunken driving and her role in trying to fix the case.

But her legal problems went beyond drunken driving and trying to tamper with evidence.

The Attorney Grievance Committee for the State Supreme Court’s Eighth Judicial District was ready to recommend formal disciplinary charges over the way Adams dealt with a client in a divorce case, according to documents obtained by The Buffalo News.

Adams, of Orchard Park, resigned before the committee’s scheduled March 26 meeting.

“Her resignation has the same effect on her license as a disbarment, and, consequently, no further action will be taken by this office regarding your complaint,” Guy C. Giancarlo, the committee’s associate counsel, wrote Thursday in a letter to the client. “However, in submitting her resignation, Ms. Adams admitted all of the allegations related to your complaint.”

John Elmore, the chairman of the Attorney Grievance Committee, would not comment on Adams’ case.

James P. Harrington, Adams’ attorney, confirmed her resignation but had no other comment.

Among the client’s allegations, Adams:

• Was paid $15,000, but she never provided a bill — despite requests over six years — or an accounting of her time spent on the case.

• Did not deposit separate checks worth $2,000 and $4,000 into a client trust account but cashed the checks through a teller at a local bank.

• Falsely claimed the divorce case file was destroyed in a fire rather than produce the file when the former client pursued formal procedures to get some of her money back.

• Brought forth untrue information when she unsuccessfully appealed to a State Supreme Court judge to overturn an arbitration panel’s decision that she owed the former client a $4,775 refund.

As part of the divorce settlement, the then-client received a $10,000 check from her former husband in August 2000.

But Adams took it and said it would be held in a trust account until another of the client’s minor legal issues was resolved. The woman tried for six years to get some of that money returned.

“That check was meant to be a settlement award to me and not an award of attorney’s fees,” the former client said in her formal complaint to the grievance committee. “I turned to Ms. Adams for counsel and advice during a terrible time in my life — not expecting that a member of the legal profession would further victimize me.”

The former client spoke only on condition of anonymity because she wants her privacy. The News agreed to her request because she has copies of court documents relating to the complaint that would not otherwise be available. The court system keeps them secret.

The former client said she had never sought legal counsel before her divorce.

She was in debt after her divorce and had an income of only about $22,000 a year.

“To take the money that the judge granted me as a settlement only makes her conduct more despicable,” the former client told the grievance committee.

In 2007, the former client won a nearly $5,000 refund from an arbitration panel, which heard the dispute between her and Adams. Adams then filed an appeal.

State Supreme Court Justice Kevin M. Dillon rejected Adams’ appeal and ordered Adams to pay the former client $4,825.

In the end, the former client paid $9,000 in attorney fees for her divorce and slightly more than $1,000 for four to six hours of legal work on related civil matters. She said her former husband paid his divorce lawyer $3,000. She and her former husband did not have children, and she did not seek an interest in her former husband’s business.

The former client also had to spend $1,800 in legal fees to contest Adams’ appeal.

The former client filed her complaint against Adams with the grievance committee after Adams lost the appeal.

“At that point, it wasn’t a matter of money,” the former client told The News. “I pursued it so that vulnerable women like me, in duress, don’t fall victim to her unethical practices.”

The former client said she decided to talk about her case — even after Adams’ resignation — because she does not want the public to think Adams’ legal problems stemmed from just the driving-while-intoxicated arrest last September.

She also praised the work of the grievance committee, whose lawyers “restored my faith in the judicial system.”

Adams pleaded guilty last month before Erie County Judge Sheila A. DiTullio to three misdemeanors: drunken driving, offering a false instrument for filing and attempted tampering with physical evidence.

plakamp@buffnews.com

29 March 2009

Manitoba Lawyer Paul Walsh



THE LAW SOCIETY OF MANITOBA

DISCIPLINE CASE DIGEST

Case 07-02

Member: Paul Victor Walsh, Q.C.

Jurisdiction: Winnipeg, Manitoba

Called to the Bar: June 26, 1968

Particulars of Charges: Professional Misconduct (3 counts)

- Breach of Chapter 16, Commentary 3 of the Code (breach of obligation to treat other lawyers with courtesy and good faith) [x2]
- Breach of Chapter 1 of the Code (failure to act with integrity when dealing with an unrepresented party opposite) and breach of Chapter 16 of the Code (failure to act with courtesy and good faith)

Date of Hearing: March 20, 2007

Panel:

- Joel A. Weinstein, Q.C. (Chair)
- John E. Neufeld, Q.C.
- Lori Ferguson Sain

Disposition:

- 3 month Suspension (concurrent with 6 month suspension that commenced on January 1, 2007)
- Fine of $10,000.00
- Costs of $4,500.00

Counsel:

- Darcia A.C. Senft for The Law Society of Manitoba
- J. Richard Wolson, Q.C. for the Member

________________________

Breach of Undertaking
________________________


Facts

Mr. Walsh was retained by his client with respect to a default on a commercial lease. Mr. Walsh’s client was the landlord of commercial premises operating as a restaurant. The tenant had defaulted on the lease and had abandoned the premises. When Mr. Walsh pursued the restaurant on behalf of his client, he was advised that the lease had been assigned to another corporation and was referred to their in-house counsel. Mr. Walsh wrote to the restaurant’s representative and their counsel regarding the commercial lease matter. Various letters were exchanged between the parties in relation to attempts to sell the commercial property to a third party. While the negotiations on the deal were progressing, Mr. Walsh filed a Statement of Claim on behalf of his client against the tenant and the defendant assignee corporation with respect to the said commercial lease matter.

Shortly thereafter, Mr. Walsh received correspondence from the president of a related company regarding a proposed purchase of the commercial property. In the letter, Mr. Walsh was instructed to contact the company’s counsel who was the same in-house counsel that Mr. Walsh had written to previously. That counsel subsequently advised Mr. Walsh that efforts were being made to sell the property to a third party purchaser and thereby settle the commercial lease matter. Mr. Walsh was asked to provide two weeks notice of his intention to proceed with the law suit and the obligation to file a Statement of Defence. Mr. Walsh wrote back and advised that he was not proceeding with the Statement of Claim that had been filed. As requested, he undertook to provide two weeks notice of his intention to proceed with the said claim.

Approximately one month later, the other lawyer wrote to Mr. Walsh to advise that attempts to sell the property had failed. Mr. Walsh filed a second Statement of Claim of behalf of his client against the related company with respect to the same commercial lease matter. He effected service of both claims upon the defendant corporations without providing notice to or advising the other lawyer. Mr. Walsh obtained a Notice of Default in respect of the first claim and attempted to obtain default judgment with respect to the second claim without first advising or warning the other lawyer of his intentions and without making an enquiry regarding the filing of a Statement of Defence.

Subsequently, Mr. Walsh received a telephone call from a director of a defendant corporation, which defendant, at that time, was an unrepresented party opposite. During the said telephone conversation with the director, Mr. Walsh discussed whether or not the defendant corporation was the appropriate defendant in the first claim. He did not advise the director that default had been noted already against the defendant corporation in respect of the first claim. Mr. Walsh then wrote to the director and advised, inter alia, that a Statement of Claim had been filed and served upon the defendant corporation. However, in his letter, Mr. Walsh did not advise the director that default had been noted already against the defendant corporation in respect of the first claim for failing to file a Statement of Defence.

The director responded to Mr. Walsh by letter and requested that the defendant corporation be released from the action. Following his receipt of the said letter, Mr. Walsh did not inform the director that default had been noted already against the defendant corporation.

Plea

Mr. Walsh entered a plea of guilty to the charges.

Decision and Comments

The panel found Mr. Walsh guilty of professional misconduct based on his admissions to the charges.

Penalty

Noting that the conduct predated the conduct for which Mr. Walsh recently began serving a period of suspension, the panel accepted a joint recommendation made by the Society and counsel for Mr. Walsh and ordered that:

(a) Mr. Walsh be suspended for a period of 3 months, which suspension will be served concurrently with a 6 month suspension that commenced on January 1, 2007;

(b) Mr. Walsh pay a fine in the amount of $10,000.00; and

(c) Mr. Walsh pay costs to the Society in the amount of $4,500.00 as a contribution towards the costs associated with the investigation, prosecution and hearing of the matter.

28 March 2009

The "Disgraced Professional Losers" of American International Group, Inc. (AIG)

The United Nations (UN) and "the Patent-Leather Tinhorns and the Religious Torturers"


United Nations Adopts Anti-Free Speech Resolution

by Curt Hopkins

As originally posted: Committee to Protect Bloggers
March 26, 2009


Today, the United Nations Human Rights Council voted to adopt a resolution to encourage member states to create laws that would punish speech critical of religion.

In case you didn’t catch that, the Human Rights Council is encouraging its members to punish speech critical of religion.

A host of countries around the world already imprison bloggers, and others, for such speech. The most high-profile example is Abdul Kareem Nabeel Suleiman, or Kareem Amer, the Egyptian blogger sentenced to four years in prison for criticizing Islam. Perhaps the fact that it took the UN two years to condemn that sentence but two weeks to approve this measure is not coincidental.

The measure “Deplores the use of the print, audio-visual and electronic media, including the Internet, and any other means to incite acts of violence, xenophobia or related intolerance and discrimination towards any religion, as well as targeting of religious symbols and venerated persons.”

Kareem was just the start. The UN is now giving his abusers legal cover and making a mockery of Article XIX.

Free speech is fantastically unpopular around the world. Although countries like Egypt, Iran, Burma and China may be the most egregious and flamboyant punishers of unfettered speech, it is nearly as unpopular in “Western” countries. That is, it is praised right up to the point where it offends someone, as though offense taken could be a sensible benchmark for allowing freedom of expression.

We have come to expect the patent-leather tinhorns and the religious torturers to dish out sentences based on laws like those the United Nations is encouraging, but let’s never forget that the grey little men in places like Brussels and DC, Ottawa and Canberra make them possible.

The Federation of Malaysia


Malaysia: End Ban on Opposition Papers

Two Newspapers Shut Down Ahead of Elections

As originally posted on: Human Rights Watch
March 25, 2009


(New York) - Malaysia's Home Ministry should immediately rescind its order suspending publication of two opposition party newspapers, Human Rights Watch said today. Human Rights Watch also called for repeal of the 1984 Printing Presses and Publications Act.

On March 23, the Home Ministry notified the opposition party Parti Keadilan Rakyat (PKR) and its coalition partner Parti Islam Se-Malaysia (PAS) that they were prohibited from publishing their respective party newspapers, Suara Keadilan and Harakah, for three months. With three key by-elections scheduled for April 7, 2009, the ban will harm the parties' ability to inform and rally voters. Both parties plan to go ahead with distribution of this week's publications, which are already in print.

No official reason accompanied the ministry's action, although in later reports Home Ministry officials said the papers were banned for publishing reports that contravened the ministry's guidelines and permit conditions. Home Minister Datuk Sri Syed Hamid Albar said that the newspapers "were still publishing untrue stories after they were given warnings." He also said that the stories aimed to "instill hatred for the government and leaders."

"The government may argue it is banning party papers over concern for citizens' welfare, but this is unfair political warfare in disguise," said Elaine Pearson, deputy Asia director at Human Rights Watch. "Malaysia's citizens deserve better from their elected leaders."

Despite constitutional guarantees to freedom of expression, the draconian Printing Presses and Publications Act effectively silences criticism of the Malaysian government by requiring newspapers to renew publishing licenses annually. According to the law, the minister's discretion to grant, revoke, or suspend licenses is "absolute" and not subject to judicial review.

Suara Keadilan has faced government interference since it received its first printing permit less than a year ago, eight years after its initial application. In September 2008, the Home Ministry instructed PKR to "show cause" why its publication license should not be suspended after it reported incorrectly that Inspector-General of Police Tan Sri Musa Hassan became paralyzed after heart surgery. In February 2009, the government attempted to limit circulation by confiscating thousands of copies from distributors and warning them against selling the newspaper. It is unclear if Suara Keadilan circulation is limited to PKR party members.

On February 11, the authorities seized copies of Harakah, in print for 22 years without suspension. On February 26, PAS received a letter from the Home Ministry that it was in violation of its permit in part because Harakah reported on non-party matters.

A third member of the opposition coalition, Parti Tindakan Demokratik (DAP), has been trying unsuccessfully to renew the license of Rocket, the party paper, since December 2008.

"Much of Malaysia's mainstream media, with ties to Malaysia's ruling coalition, rarely run into trouble," said Pearson. "But online journals and other ‘new media' that are critical of the government are easy targets for censorship."

Human Rights Watch also expressed concern with the refusal of the United Malays National Organisation (UMNO), the dominant party in the ruling coalition, to grant six members of the "new media," including Malaysiakini and the Malaysian Insider, access to its annual meeting on March 24-28, 2009. An UMNO official cited their "unfriendly" reporting as the reason. The meeting is of particular importance this year as UMNO will be choosing a new leader. With the current leader, Prime Minister Abdullah Badawi, stepping down, the new UMNO leader will fulfill his unexpired term, which has another four years to run.

On September 12, 2008, in still another attack on a free press, police arrested Raja Petra Kamarudin, founder and editor of Malaysia Today, under the Internal Security Act, which allows for indefinite preventive detention without charge or trial (http://www.hrw.org/en/news/2008/09/12/malaysia-free-journalists-and-parliamentarian). He was accused of demeaning Islam. Although released on technical grounds, the government is appealing the decision. In a separate case, Raja Petra is on trial for sedition on the politically motivated charge of defaming a government leader.

"The Malaysian government needs to allow all voices to be heard," said Pearson. "Freedom of speech is a touchstone of a true democracy."

27 March 2009

The State of Israel


Israel: White Phosphorus Use Evidence of War Crimes

Indiscriminate Attacks Caused Needless Civilian Suffering

As originally posted on: Human Rights Watch
March 25, 2009


(Jerusalem) - Israel's repeated firing of white phosphorus shells over densely populated areas of Gaza during its recent military campaign was indiscriminate and is evidence of war crimes, Human Rights Watch said in a report released today.

The 71-page report, "Rain of Fire: Israel's Unlawful Use of White Phosphorus in Gaza," provides witness accounts of the devastating effects that white phosphorus munitions had on civilians and civilian property in Gaza. Human Rights Watch researchers in Gaza immediately after hostilities ended found spent shells, canister liners, and dozens of burnt felt wedges containing white phosphorus on city streets, apartment roofs, residential courtyards, and at a United Nations school. The report also presents ballistics evidence, photographs, and satellite imagery, as well as documents from the Israeli military and government.

Militaries use white phosphorus primarily to obscure their operations on the ground by creating thick smoke. It can also be used as an incendiary weapon.

"In Gaza, the Israeli military didn't just use white phosphorus in open areas as a screen for its troops," said Fred Abrahams, senior emergencies researcher at Human Rights Watch and co-author of the report. "It fired white phosphorus repeatedly over densely populated areas, even when its troops weren't in the area and safer smoke shells were available. As a result, civilians needlessly suffered and died."

The report documents a pattern or policy of white phosphorus use that Human Rights Watch says must have required the approval of senior military officers.

"For the needless civilian deaths caused by white phosphorus, senior commanders should be held to account," Abrahams said.

On February 1, Human Rights Watch submitted detailed questions to the Israel Defense Forces (IDF) about its white phosphorus use in Gaza. The IDF did not provide responses, citing an internal inquiry being conducted by the Southern Command.

In the recent Gaza operations, Israeli forces frequently air-burst white phosphorus in 155mm artillery shells in and near populated areas. Each air-burst shell spreads 116 burning white phosphorus wedges in a radius extending up to 125 meters from the blast point. White phosphorus ignites and burns on contact with oxygen, and continues burning at up to 1500 degrees Fahrenheit (816 degrees Celsius) until nothing is left or the oxygen supply is cut. When white phosphorus comes into contact with skin it creates intense and persistent burns.

When used properly in open areas, white phosphorus munitions are not illegal, but the Human Rights Watch report concludes that the IDF repeatedly exploded it unlawfully over populated neighborhoods, killing and wounding civilians and damaging civilian structures, including a school, a market, a humanitarian aid warehouse, and a hospital.

Israel at first denied it was using white phosphorus in Gaza but, facing mounting evidence to the contrary, said that it was using all weapons in compliance with international law. Later it announced an internal investigation into possible improper white phosphorus use.

"Past IDF investigations into allegations of wrongdoing suggest that this inquiry will be neither thorough nor impartial," Abrahams said. "That's why an international investigation is required into serious laws of war violations by all parties."

The IDF knew that white phosphorus poses life-threatening dangers to civilians, Human Rights Watch said. A medical report prepared during the recent hostilities by the Israeli ministry of health said that white phosphorus "can cause serious injury and death when it comes into contact with the skin, is inhaled or is swallowed." Burns on less than 10 percent of the body can be fatal because of damage to the liver, kidneys, and heart, the ministry report says. Infection is common and the body's absorption of the chemical can cause serious damage to internal organs, as well as death.

If the IDF intended to use white phosphorus as a smokescreen for its forces, it had a readily available non-lethal alternative to white phosphorus - smoke shells produced by an Israeli company, Human Rights Watch concluded.

All of the white phosphorus shells that Human Rights Watch found were manufactured in the United States in 1989 by Thiokol Aerospace, which was running the Louisiana Army Ammunition Plant at the time. On January 4, Reuters photographed IDF artillery units handling projectiles whose markings indicate that they were produced in the United States at the Pine Bluff Arsenal in September 1991.

To explain the high number of civilian casualties in Gaza, Israeli officials have repeatedly blamed Hamas for using civilians as "human shields" and for fighting from civilian sites. In the cases documented in the report, Human Rights Watch found no evidence of Hamas using human shields in the vicinity at the time of the attacks. In some areas Palestinian fighters appear to have been present, but this does not justify the indiscriminate use of white phosphorus in a populated area.

Human Rights Watch said that for multiple reasons it concluded that the IDF had deliberately or recklessly used white phosphorus munitions in violation of the laws of war. First, the repeated use of air-burst white phosphorus in populated areas until the last days of the operation reveals a pattern or policy of conduct rather than incidental or accidental usage. Second, the IDF was well aware of the effects of white phosphorus and the dangers it poses to civilians. Third, the IDF failed to use safer available alternatives for smokescreens.

The laws of war obligate states to investigate impartially allegations of war crimes. The evidence available demands that Israel investigate and prosecute as appropriate those who ordered or carried out unlawful attacks using white phosphorus munitions, Human Rights Watch said.

The United States government, which supplied Israel with its white phosphorus munitions, should also conduct an investigation to determine whether Israel used it in violation of the laws of war, Human Rights Watch said.

"The General Government"



HCR 6 – AS INTRODUCED

2009 SESSION

09-0274

09/01

HOUSE CONCURRENT RESOLUTION 6

A RESOLUTION affirming States’ rights based on Jeffersonian principles.

SPONSORS: Rep. Itse, Rock 9; Rep. Ingbretson, Graf 5; Rep. Comerford, Rock 9; Sen. Denley, Dist 3

COMMITTEE: State-Federal Relations and Veterans Affairs

ANALYSIS

This house concurrent resolution affirms States’ rights based on Jeffersonian principles.

09-0274

09/01

STATE OF NEW HAMPSHIRE

In the Year of Our Lord Two Thousand Nine

A RESOLUTION affirming States’ rights based on Jeffersonian principles.

Whereas the Constitution of the State of New Hampshire, Part 1, Article 7 declares that the people of this State have the sole and exclusive right of governing themselves as a free, sovereign, and independent State; and do, and forever hereafter shall, exercise and enjoy every power, jurisdiction, and right, pertaining thereto, which is not, or may not hereafter be, by them expressly delegated to the United States of America in congress assembled; and

Whereas the Constitution of the State of New Hampshire, Part 2, Article 1 declares that the people inhabiting the territory formerly called the province of New Hampshire, do hereby solemnly and mutually agree with each other, to form themselves into a free, sovereign and independent body-politic, or State, by the name of The State of New Hampshire; and

Whereas the State of New Hampshire when ratifying the Constitution for the United States of America recommended as a change, “First That it be Explicitly declared that all Powers not expressly & particularly Delegated by the aforesaid are reserved to the several States to be, by them Exercised;” and

Whereas the other States that included recommendations, to wit Massachusetts, New York, North Carolina, Rhode Island and Virginia, included an identical or similar recommended change; and

Whereas these recommended changes were incorporated as the ninth amendment, the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people, and the tenth amendment, the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people, to the Constitution for the United States of America; now, therefore, be it

Resolved by the House of Representatives, the Senate concurring:

That the several States composing the United States of America, are not united on the principle of unlimited submission to their General Government; but that, by a compact under the style and title of a Constitution for the United States, and of amendments thereto, they constituted a General Government for special purposes, - delegated to that government certain definite powers, reserving, each State to itself, the residuary mass of right to their own self-government; and that whensoever the General Government assumes undelegated powers, its acts are unauthoritative, void, and of no force; that to this compact each State acceded as a State, and is an integral party, its co-States forming, as to itself, the other party: that the government created by this compact was not made the exclusive or final judge of the extent of the powers delegated to itself; since that would have made its discretion, and not the Constitution, the measure of its powers; but that, as in all other cases of compact among powers having no common judge, each party has an equal right to judge for itself, as well of infractions as of the mode and measure of redress; and

That the Constitution of the United States, having delegated to Congress a power to punish treason, counterfeiting the securities and current coin of the United States, piracies, and felonies committed on the high seas, and offences against the law of nations, slavery, and no other crimes whatsoever; and it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” therefore all acts of Congress which assume to create, define, or punish crimes, other than those so enumerated in the Constitution are altogether void, and of no force; and that the power to create, define, and punish such other crimes is reserved, and, of right, appertains solely and exclusively to the respective States, each within its own territory; and

That it is true as a general principle, and is also expressly declared by one of the amendments to the Constitution, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people;” and that no power over the freedom of religion, freedom of speech, or freedom of the press being delegated to the United States by the Constitution, nor prohibited by it to the States, all lawful powers respecting the same did of right remain, and were reserved to the States or the people: that thus was manifested their determination to retain to themselves the right of judging how far the licentiousness of speech and of the press may be abridged without lessening their useful freedom, and how far those abuses which cannot be separated from their use should be tolerated, rather than the use be destroyed. And thus also they guarded against all abridgment by the United States of the freedom of religious opinions and exercises, and retained to themselves the right of protecting the same. And that in addition to this general principle and express declaration, another and more special provision has been made by one of the amendments to the Constitution, which expressly declares, that “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press:” thereby guarding in the same sentence, and under the same words, the freedom of religion, of speech, and of the press: insomuch, that whatever violated either, throws down the sanctuary which covers the others, and that libels, falsehood, and defamation, equally with heresy and false religion, are withheld from the cognizance of federal tribunals. That, therefore, all acts of Congress of the United States which do abridge the freedom of religion, freedom of speech, freedom of the press, are not law, but are altogether void, and of no force; and

That the construction applied by the General Government (as is evidenced by sundry of their proceedings) to those parts of the Constitution of the United States which delegate to Congress a power “to lay and collect taxes, duties, imports, and excises, to pay the debts, and provide for the common defense and general welfare of the United States,” and “to make all laws which shall be necessary and proper for carrying into execution the powers vested by the Constitution in the government of the United States, or in any department or officer thereof,” goes to the destruction of all limits prescribed to their power by the Constitution: that words meant by the instrument to be subsidiary only to the execution of limited powers, ought not to be so construed as themselves to give unlimited powers, nor a part to be so taken as to destroy the whole residue of that instrument: that the proceedings of the General Government under color of these articles, will be a fit and necessary subject of revisal and correction; and

That a committee of conference and correspondence be appointed, which shall have as its charge to communicate the preceding resolutions to the Legislatures of the several States; to assure them that this State continues in the same esteem of their friendship and union which it has manifested from that moment at which a common danger first suggested a common union: that it considers union, for specified national purposes, and particularly to those specified in their federal compact, to be friendly to the peace, happiness and prosperity of all the States: that faithful to that compact, according to the plain intent and meaning in which it was understood and acceded to by the several parties, it is sincerely anxious for its preservation: that it does also believe, that to take from the States all the powers of self-government and transfer them to a general and consolidated government, without regard to the special delegations and reservations solemnly agreed to in that compact, is not for the peace, happiness or prosperity of these States; and that therefore this State is determined, as it doubts not its co-States are, to submit to undelegated, and consequently unlimited powers in no man, or body of men on earth: that in cases of an abuse of the delegated powers, the members of the General Government, being chosen by the people, a change by the people would be the constitutional remedy; but, where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, (casus non foederis), to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them: that nevertheless, this State, from motives of regard and respect for its co-States, has wished to communicate with them on the subject: that with them alone it is proper to communicate, they alone being parties to the compact, and solely authorized to judge in the last resort of the powers exercised under it, Congress being not a party, but merely the creature of the compact, and subject as to its assumptions of power to the final judgment of those by whom, and for whose use itself and its powers were all created and modified: that if the acts before specified should stand, these conclusions would flow from them: that it would be a dangerous delusion were a confidence in the men of our choice to silence our fears for the safety of our rights: that confidence is everywhere the parent of despotism - free government is founded in jealousy, and not in confidence; it is jealousy and not confidence which prescribes limited constitutions, to bind down those whom we are obliged to trust with power: that our Constitution has accordingly fixed the limits to which, and no further, our confidence may go. In questions of power, then, let no more be heard of confidence in man, but bind him down from mischief by the chains of the Constitution. That this State does therefore call on its co-States for an expression of their sentiments on acts not authorized by the federal compact. And it doubts not that their sense will be so announced as to prove their attachment unaltered to limited government, whether general or particular. And that the rights and liberties of their co-States will be exposed to no dangers by remaining embarked in a common bottom with their own. That they will concur with this State in considering acts as so palpably against the Constitution as to amount to an undisguised declaration that that compact is not meant to be the measure of the powers of the General Government, but that it will proceed in the exercise over these States, of all powers whatsoever: that they will view this as seizing the rights of the States, and consolidating them in the hands of the General Government, with a power assumed to bind the States, not merely as the cases made federal, (casus foederis,) but in all cases whatsoever, by laws made, not with their consent, but by others against their consent: that this would be to surrender the form of government we have chosen, and live under one deriving its powers from its own will, and not from our authority; and that the co-States, recurring to their natural right in cases not made federal, will concur in declaring these acts void, and of no force, and will each take measures of its own for providing that neither these acts, nor any others of the General Government not plainly and intentionally authorized by the Constitution, shall be exercised within their respective territories; and

That the said committee be authorized to communicate by writing or personal conferences, at any times or places whatever, with any person or person who may be appointed by any one or more co-States to correspond or confer with them; and that they lay their proceedings before the next session of the General Court; and

That any Act by the Congress of the United States, Executive Order of the President of the United States of America or Judicial Order by the Judicatories of the United States of America which assumes a power not delegated to the government of United States of America by the Constitution for the United States of America and which serves to diminish the liberty of the any of the several States or their citizens shall constitute a nullification of the Constitution for the United States of America by the government of the United States of America. Acts which would cause such a nullification include, but are not limited to:

I. Establishing martial law or a state of emergency within one of the States comprising the United States of America without the consent of the legislature of that State.

II. Requiring involuntary servitude, or governmental service other than a draft during a declared war, or pursuant to, or as an alternative to, incarceration after due process of law.

III. Requiring involuntary servitude or governmental service of persons under the age of 18 other than pursuant to, or as an alternative to, incarceration after due process of law.

IV. Surrendering any power delegated or not delegated to any corporation or foreign government.

V. Any act regarding religion; further limitations on freedom of political speech; or further limitations on freedom of the press.

VI. Further infringements on the right to keep and bear arms including prohibitions of type or quantity of arms or ammunition; and

That should any such act of Congress become law or Executive Order or Judicial Order be put into force, all powers previously delegated to the United States of America by the Constitution for the United States shall revert to the several States individually. Any future government of the United States of America shall require ratification of three quarters of the States seeking to form a government of the United States of America and shall not be binding upon any State not seeking to form such a government; and

That copies of this resolution be transmitted by the house clerk to the President of the United States, each member of the United States Congress, and the presiding officers of each State’s legislature.

26 March 2009

Manitoba Provincial Legislative Assembly Opposition Leader / Progressive Conservative Party Leader Hugh McFadyen


Still proving he hasn't got it

by Brian Oakely

As originally posted on: Just Damn Stupid
March 24, 2009


I love this dude!

Here's Hughie commenting on today's NDP victories in the Elmwood and The Pas byelections:

"The NDP have won more than 60 per cent of the vote in the constituency for at least the past three elections until its "dramatic slide" to just above 50 per cent Tuesday night, he said.

"Clearly there’s a pretty dramatic shift against the NDP, certainly in Elmwood, and it’s consistent with what we’re seeing across the city of Winnipeg," McFadyen said."

Uh, Hugh. The margin is down primarily because you weren't a factor.

In the last election, you were a factor...this time, no Hugh, hence better odds for the Tory.

Let's see, in 2007 the Tory dude got 1,323 of the 6,358 votes cast and tonight the Tory dude got 913 of the 4,325 votes cast. So, in 2007 with Hughies mug plastered all over the place, the Tory dude got 20.8% of the vote, and tonight sans Hughie, the poor bastard got 21.1% of the vote. That's an increase of 0.3% for those that are arthimatically challenged.

Trying to play that into a "dramatic shift" is a bigger stretch than the marks on Nadya Sulman's belly.

Keep up the good work Hugh!

25 March 2009

The People's Republic of China


China blocks YouTube

by Tania Branigan

As originally posted on: guardian.co.uk
March 25, 2009


China has blocked the video-sharing network YouTube after Beijing denounced footage appearing to show security forces beating Tibetans in Lhasa last year as "a lie".

The authorities have blocked the service on previous occasions and, more frequently, have prevented access to specific videos.

Google, which owns YouTube, confirmed that Beijing halted access to the site this week but said it did not know why.

"We are looking into it and working to ensure that the service is restored as soon as possible," spokesman Scott Rubin said in an email to the Associated Press.

It is not clear why China has blocked it now. But the state news agency, Xinhua, yesterday condemned a video released by the Tibetan government-in-exile, which was posted on YouTube recently .

The government-in-exile said the video showed the brutal beating of Tibetan protesters and the wounds of a young man called Tendar. It allegeed he was detained for attempting to stop police beating a monk, and later died of his injuries.

But Xinhua, citing an unidentified official with China's Tibetan regional government, said that the video was a lie.

"Technology experts found that video and audio was edited to piece together different places, times and people," said the official.

He said that an officer had "defeated" a man named Tendar, but acted in self-defence after the man slashed him with a knife and ignored several warnings to stop. He added that Tendar "died from a disease at home awaiting court trial"; that the person shown in the video was not Tendar; and that the wounds shown were in any case fake.

"The Dalai Lama group is used to fabricating lies to deceive the international community and the aim of this video is to hide the truth of the March 14th riot," he said.

Tibet is a particularly sensitive issue at the moment because this month marks one year since fatal riots in Lhasa sparked wider unrest across Tibetan areas, and 50 years since a failed uprising against Chinese rule. Large parts of western China are still under heavy security.

A foreign ministry spokesman, Qin Gang, told reporters yesterday that he did not know about the block, adding: "Many people have a false impression that the Chinese government fears the internet. In fact, it is just the opposite."

Citing the country's 300 million internet users - the world's largest online population - and 100m blogs, he added: "China's internet is open enough, but also needs to be regulated by law in order to prevent the spread of harmful information and for national security."

One blogger commented wryly that Qin had spoken accurately, because "it has always been that the internet fears the Chinese government".

In January, the authorities launched a crackdown on "vulgar" content which led to the closure of hundreds of sites, including a popular blog hosting site. Critics argue that the campaign is designed to intimidate bloggers and discourage dissent. Several other countries have blocked YouTube in the past.

"The American Empire"


How Much Does It Cost Vermont to Remain in the Union?

by Thomas Naylor

As posted: Second Vermont Republic
March 4, 2009


On 4 March 1791, 218 years ago, Vermont surrendered its sovereignty as an independent republic and became the fourteenth state of the American Empire, the largest, most powerful, most militaristic, most materialistic empire of all time. Today Vermont finds itself emasculated by a nation which is owned, operated, and controlled by Corporate America and the Wall Street Mafia. Not only does the United States government engage in illegal wars with Afghanistan and Iraq, but it also condones a convoluted war on terrorism, corporate greed, pandering to the rich and powerful, a culture of deceit, and a foreign policy based on full spectrum dominance, imperial overstretch, and unconditional support for the terrorist state of Israel.

Notwithstanding the effects on Vermont of the collapse of the U.S. economy, how much does it cost Vermont to stay in the Union? According to a recent study by retired UVM physics professor Hans Ohanian, for every dollar paid by Vermonters for federal taxes, Vermont gets back only 75 cents in federal expenditures. The study also shows that a family of three earning $50,000 per year would save $6,330 annually, if Vermont were an independent republic ($750 in income taxes and $5,580 in its pro rata share of the federal deficit). Stated alternatively, it costs the family $6,330 each year Vermont remains a part of the Empire.

Unfortunately, these figures significantly understate the negative impact which the failing U.S. economy is having on Vermont. Currently the economy is in a state of free fall. We are in completely unchartered territory. Both the U.S. Treasury and the Federal Reserve Board are printing money as though it were going out of style. No one knows how to put Humpty Dumpty back together again.

The federal government could easily become insolvent by year end, if either China or Japan pulls the plug on government bonds. The value of the dollar would plunge and prices and interest rates would soar.

The Titanic is going down, and Vermont is being pulled under with it. The idea that the U.S. government will bail out Vermont is pure fantasy. The cost of Vermont remaining in the Union could become prohibitive. Isn't it high time Vermont took control of its own economic and political destiny?

24 March 2009

(Outgoing) Pennsylvania State Senator Vincent Fumo (a/k/a Vince Fumo)


Senator Guilty Of 137 Corruption Charges

As originally posted on: Corruption Chronicles: A Judicial Watch Blog
March 2009


One of the most powerful figures in Pennsylvania politics has been convicted of so many corruption counts that the federal jury forewoman had to break twice for water to complete today’s marathon verdict announcement.

State Senator Vincent Fumo, a 30-year veteran and longtime ranking Democrat on the Senate Appropriations Committee, has been convicted of 137 counts of corruption for defrauding taxpayers out of more than $3.5 million to help pay for his extravagant lifestyle.

The veteran politician had beaten two previous indictments in his lengthy career but this time federal prosecutors were armed with piles of evidence presented during a five-month trial that culminated with six days of jury deliberations. Fumo was found guilty of multiple counts of conspiracy, mail fraud, wire fraud, obstruction of justice and filing false tax returns.

In August, one of Fumo’s top aides pleaded guilty to 28 counts of obstruction of justice for following his powerful boss’s orders to destroy incriminating electronic mail sought by federal agents conducting the corruption probe.

The disgraced lawmaker took more than $2 million in Senate resources and another $1.5 million from a nonprofit he established to improve neighborhoods in Philadelphia to help pay for personal items, including a $5.5 mansion in downtown Philadelphia, a farm near Harrisburg and vacation homes in the New Jersey shore and Florida waterfront.

An array of Senate staffers testified in the trial that they regularly did personal work for Fumo on taxpayer time, including running his farm, handling his personal finances, overseeing mansion renovations and even spying on his ex-lover. Fumo faces up to a decade in prison.

23 March 2009

Wall Street and "the Canadian Plutocracy"


With Wall Street exposed, will Bay Street get the message?

by Jeffrey Simpson

As originally published in: The Globe and Mail
March 20, 2009


The justified humbling of Wall Street and its shameful greed will have, one hopes, a salutary effect in Canada, especially on Toronto's business community.

For years, when Wall Street rolled in money and hedge funds appeared to rule the world, Toronto looked on enviously and modified its practices to compete. In certain ways, it became a mini-New York in expectations of corporate remuneration, legal recruiting and role models.

The stratospheric salaries and bonuses that Wall Street executives paid themselves widened the gap, of course, between what they made and what everyone else made. And in the George W. Bush era of greed, capital gains taxes were cut, inheritance taxes were lightened and personal income taxes on the very rich went down, so that the rich got richer, and the very rich floated out of sight, except as people on the covers of lifestyle and business magazines.

The commanders and plutocrats of Canada's private sector looked at these developments with envy and some concern, and with a certain satisfaction, it should be said, because what happened in New York helped line their pockets, too.

Canadian law firms began to offer positions to law students after their first year, lest they think of flying away to the big New York firms. Law schools such as McGill and Osgoode were turning out some graduates whose abiding ambition was to head for New York's law factories to earn big bucks immediately and even bigger ones later.

The University of Toronto law school, then led by a dean who soon himself departed for the United States, drove up its fees with the argument, among others, that some of its best professors might head to U.S. schools. The U.S., not Canada, was the gold standard for those who changed the U of T's approach.

The vast salaries of Wall Street skewed business school rankings. Depending on the survey, as much as a third of a school's score came from how much students earned in their first years after graduation. Imagine, for a so-called academic discipline.

Since no country paid people as much as the U.S., and since so many graduates headed to Wall Street's towers of gold, U.S. schools automatically had a rankings advantage over all the others - but for the wrong reason.

In corporate Canada, how many times did we see U.S. remuneration used to explain and justify huge salaries in this country? We were told that a North American market existed for top talent and that, if Canadian firms did not offer large salaries, bonuses, stock options and the like, executives would flock south like geese in the fall. So, too, would young graduates, so Canada would suffer a "brain drain."

Now, of course, Wall Street's practices, the complicity of the Bush administration (now mercifully consigned to history's dustbin), a slack regulatory environment and an adoring business media have all been exposed as somewhere between inadequate and fraudulent.

The size of the financial sector's collapse has been stunning, the exposed avarice of many of its leaders staggering, and the disconnectedness of so many leaders with the realities and perceptions of ordinary people, including those who worked for them, so shocking that it will be some time before any kind of confidence is restored in the citadels of capitalism.

Canada's financial services sector, of course, was better regulated, and the laws governing its practices were sound. It turned out, after all, that the public sector, much maligned, was on the job here.

It would still be nice, morally if nothing else, if one or two bank presidents in this time of lowered value for bank shareholders and pain for so many fellow citizens to agree to work for, say, $1, for a year, the way executives did during the Second World War.

As a public relations gesture, it would be brilliant; as a recognition of some social solidarity, it would be exemplary. But no one should wait for this to happen because the Canadian plutocracy, although much less extravagant than the U.S. one, still seems removed from the preoccupations of ordinary people.

At least now, however, plutocrats must be careful in framing their demands and justifying their remuneration by comparing it with the doings of Wall Street.

22 March 2009

"Certain TARP Recipients"



111th CONGRESS
1st Session

H. R. 1586



AN ACT

To impose an additional tax on bonuses received from certain TARP recipients.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. BONUSES RECEIVED FROM CERTAIN TARP RECIPIENTS.

(a) IN GENERAL. - In the case of an employee or former employee of a covered TARP recipient, the tax imposed by chapter 1 of the Internal Revenue Code of 1986 for any taxable year shall not be less than the sum of -

(1) the tax that would be determined under such chapter if the taxable income of the taxpayer for such taxable year were reduced (but not below zero) by the TARP bonus received by the taxpayer during such taxable year, plus

(2) 90 percent of the TARP bonus received by the taxpayer during such taxable year.

(b) TARP BONUS. - For purposes of this section -

(1) IN GENERAL. - The term "TARP bonus" means, with respect to any individual for any taxable year, the lesser of -

(A) the aggregate disqualified bonus payments received from covered TARP recipients during such taxable year, or

(B) the excess of -

(i) the adjusted gross income of the taxpayer for such taxable year, over

(ii) $250,000 ($125,000 in the case of a married individual filing a separate return).

(2) DISQUALIFIED BONUS PAYMENT. -

(A) IN GENERAL. - The term "disqualified bonus payment" means any retention payment, incentive payment, or other bonus which is in addition to any amount payable to such individual for service performed by such individual at a regular hourly, daily, weekly, monthly, or similar periodic rate.

(B) EXCEPTIONS. - Such term shall not include commissions, welfare or fringe benefits, or expense reimbursements.

(C) WAIVER OR RETURN OF PAYMENTS. - Such term shall not include any amount if the employee irrevocably waives the employee's entitlement to such payment, or the employee returns such payment to the employer, before the close of the taxable year in which such payment is due. The preceding sentence shall not apply if the employee receives any benefit from the employer in connection with the waiver or return of such payment.

(3) REIMBURSEMENT OF TAX TREATED AS TARP BONUS. - Any reimbursement by a covered TARP recipient of the tax imposed under subsection (a) shall be treated as a disqualified bonus payment to the taxpayer liable for such tax.

(c) COVERED TARP RECIPIENT. - For purposes of this section -

(1) IN GENERAL. - The term "covered TARP recipient" means -

(A) any person who receives after December 31, 2007, capital infusions under the Emergency Economic Stabilization Act of 2008 which, in the aggregate, exceed $5,000,000,000,

(B) the Federal National Mortgage Association and the Federal Home Loan Mortgage Corporation,

(C) any person who is a member of the same affiliated group (as defined in section 1504 of the Internal Revenue Code of 1986, determined without regard to paragraphs (2) and (3) of subsection (b)) as a person described in subparagraph (A) or (B), and

(D) any partnership if more than 50 percent of the capital or profits interests of such partnership are owned directly or indirectly by one or more persons described in subparagraph (A), (B), or (C).

(2) EXCEPTION FOR TARP RECIPIENTS WHO REPAY ASSISTANCE - A person shall be treated as described in paragraph (1)(A) for any period only if -

(A) the excess of the aggregate amount of capital infusions described in paragraph (1)(A) with respect to such person over the amounts repaid by such person to the Federal Government with respect to such capital infusions, exceeds

(B) $5,000,000,000.

(d) OTHER DEFINITIONS. - Terms used in this section which are also used in the Internal Revenue Code of 1986 shall have the same meaning when used in this section as when used in such Code.

(e) COORDINATION WITH INTERNAL REVENUE CODE OF 1986. - Any increase in the tax imposed under chapter 1 of the Internal Revenue Code of 1986 by reason of subsection (a) shall not be treated as a tax imposed by such chapter for purposes of determining the amount of any credit under such chapter or for purposes of section 55 of such Code.

(f) REGULATIONS. - The Secretary of the Treasury, or the Secretary's delegate, shall prescribe such regulations or other guidance as may be necessary or appropriate to carry out the purposes of this section.

(g) EFFECTIVE DATE. - This section shall apply to disqualified bonus payments received after December 31, 2008, in taxable years ending after such date.

Passed the House of Representatives March 19, 2009.

Attest:




Clerk.

21 March 2009

Chrysler, LLC


CHRY$LER: symbol of what is wrong in American business

by Peter Stern

As originally posted on: pstern's blog
March 21, 2009


Enough is enough!

Chrysler is the epitome of greed prevalent in the corporate sector and it should be recognized as the symbol for much our economic woes.

The auto company received $4 BILLION in government loans from U.S. taxpayers in a bail-out provision, but that's still not enough for Chrysler CEO Robert Nardelli, who continues to hold his palm up to Treasury Secretary Timothy Geithner requesting more money "to save" Chrysler from going under.

In the last few days Mr. Nardelli even had the audacity to request Chrysler dealers to contact Sec. Geithner to ask for more money in a company lobbying maneuver to get millions more.

It is obvious that under its current leadership Chrysler just won't give it up. In the worst case scenario, the company should be forced to declare bankruptcy and its workers provided transfers to jobs at other companies in the auto industry. In addition, those in charge of Chrysler, including Mr. Nardelli, should be forced to retire without a super-bonus or mega-retirement package.

Furthermore, if Chrysler plans on rebuilding its business and image, more ethical and responsible executives should lead that company towards a better future.

On the lighter side, Ford did NOT want any bail-out or stimulus money. So, get out there and buy Ford products! lol

The Natuashish Detachment of the Royal Canadian Mounted Police (RCMP) in Newfoundland and Labrador


RCMP out to get me, former Innu chief says

CBC NEWS
March 20, 2009


Just days after the Crown dropped assault charges against him, a former Innu band chief in northern Labrador says he is a target of the local RCMP officers.

The Crown dropped its case against former Natuashish chief Simeon Tshakapesh on Wednesday, on grounds that there was no reasonable likelihood of conviction. The RCMP announced the decision on Thursday.

Tshakapesh told CBC News on Friday that he believes he has been wronged.

"I was publicly humiliated by the RCMP and by the system," said Tshakapesh, adding that he believes this was intentional.

Tshakapesh was charged last month in what the police described as a domestic dispute. The charges included assault, assault with a weapon and breach of an undertaking.

Tshakapesh said RCMP told him his wife made a complaint that he hurt her and their son, although he said the police never showed him the statement.

Tshakapesh suspects payback for his advocacy over the years.

"I was [a] very outspoken person about the Innu people, about how they've been treated by the RCMP," he said.

"Not just the RCMP, the whole system. The justice system. The education [system]."

Tshakapesh, who admits he has had past troubles with alcohol and drugs, said that he has changed, and that the charges have hurt his reputation.

"The general public thinks still today that I commit those crimes, which I [have] never done," he said.

But RCMP Sgt. Wayne Newell said the allegations against the force are not true.

"The determination to charge him originally was done solely on reasonable and probable grounds and was done objectively, and in no way based on his position on anything," Newell told CBC News.

Tshakapesh said he will take his concerns to the police complaints commission.

20 March 2009

United States President Barack Obama and "the Imperial Presidency"


A Presidency Fit for a King

by Patrick Krey

As originally posted: The New American
March 20, 2009


It is said that on the final day of deliberation at the Constitutional Convention of 1787, a female passerby asked an exiting Ben Franklin, "Well Doctor, what have we got — a republic or a monarchy?" He replied, "A Republic, if you can keep it." But if Ben Franklin were alive today to witness the unlimited, king-like power of President Barack Obama, he would answer that we are definitely living under an elected monarch.

The Honorable John V. Denson, a Circuit Court judge from Alabama and editor of Reassessing the Presidency: The Rise of the Executive State and the Decline of Freedom, explains that "the Founders intended for the legislative branch of Congress, composed of both the House and Senate, to be the dominant branch of the federal government, which was then very limited in scope and power. Today the executive has become, by far, the dominant branch of government, even to the point that it is the main threat to the liberty and freedom of American citizens." (Emphasis added.)

It must be stressed that the aggrandizement of power within the executive branch certainly did not start under the current occupant of the White House. President Barack Obama is simply the latest in a long line of presidents who is all too happy to wield expansive presidential power that would have horrified the Founding Fathers. Obama's "progressive" agenda and his actions after being in office for a little over a month illustrate that he plans to build upon that legacy of centralization and control by leaps and bounds.

Obama's Imperial Presidency

When writing in the Declaration of Independence about the "long train of abuses and usurpations" committed on the colonists by the tyrannical king of Great Britain, Thomas Jefferson identified a series of such abuses, including "[the king] has erected a multitude of New Offices, and sent hither swarms of Officers to harass our people and eat out their substance." The description of this abuse has eerie similarities to the growing list of executive departments collectively referred to as "the administrative state." Defenders of liberty have much to worry about as unelected bureaucrats based out of D.C. exercise powers that were once solely reserved to Congress, the states, or the people themselves.

What is the administrative state? Attorney and researcher Donald S. Dobkin explains: "Most of the real lawmaking in modern-day America occurs in bureaucracies. The Federal Register alone comprises some 70,000 pages annually. Any attempt at congressional oversight of these bureaucracies is impossible; the sheer size of the Administrative State is as incomprehensible as it is unconstitutional. Scholars will tell you that we no longer live under the Constitution and its three branches of government. Rather, we live under the administrative law of an administrative state, a de facto fourth branch of government. This fourth branch of government is one that James Madison in The Federalist would have deemed 'the very essence of tyranny.'" These bureaucracies are all under the control of the president and allow him to have far-reaching control acting as America's administrator. It is through this administrative state that the president wields much of his power. Obama can simply direct an agency to change policy, which will allow him to impact state laws across the country.

How does Obama plan to use the power of the administrative state to enact his agenda? Obama has boasted that his administration plans to enact massive regulatory "reform" (create more obstacles for free enterprise), create a lending fund to provide loans for multiple purposes (furthering the U.S. debt spiral), directly intervene in bank lending practices including mortgage agreements facing foreclosure (to pump more fiat money into the economy and give the government more control over banking), nationalize healthcare, enact a national service program, and impose stricter standards for auto emissions. Obama might try to go through Congress to get some of the initiatives passed but if that fails, he can just use the new fourth branch of government as he sees fit.

A perfect example of how a president can avoid Congress and instead use an executive department is how Bush created the auto bailout. When Congress failed to pass the auto bailout, Bush simply diverted funds from the earlier financial bailout to the auto industry while Congress sat on the sidelines. Presidents have learned by example that if Congress won't do as they're told, they simply make it work through the gargantuan administrative state. The concepts of separation of powers and checks and balances are mere afterthoughts.

The king used to appoint governors to see out his agenda, and a similar method is employed today by Obama in the appointment of "czars." Czar is a popular term for an individual who will act like a top-level deputy administrator for the president in governmental departments but who doesn't have to go through the constitutional requirements for filling that role. Joe Biden boasts that he coined the term "drug czar," and there was talk of a "car czar" that was abandoned after it was met with some ridicule by the public. Czars are regarded by the mainstream press as seemingly all-knowing experts who are above our traditional constitutional restraints.

Fellow Democrat Senator Robert Byrd even criticized the president for his contemplated use of czars to oversee energy and climate policy. In a letter written to Obama, Senator Byrd warned: "The rapid and easy accumulation of power by White House staff can threaten the Constitutional system of checks and balances.... At the worst, White House staff have taken direction and control of programmatic areas that are the statutory responsibility of Senate-confirmed officials."

Absolute Power of the President's Pen

As Lord Acton famously said, "Power tends to corrupt; absolute power corrupts absolutely." Perhaps no presidential action evidences the king-like power of our president more than the issuance of an executive order. Much like the "king's decree" of old, executive orders are a law unto themselves. In today's world of executive power, the president can accomplish with a swipe of the pen what used to take an act of Congress.

Among the now 17 executive orders issued by Obama was a rescission of the "Mexico City" policy prohibiting foreign aid being used to fund abortion worldwide. Because of a letter containing 416 words signed by Obama, the U.S. government will resume its role in globally funding abortions. The religious right who support so-called "humanitarian" foreign aid should pause to consider how it is that the United States has become one of the world's biggest financiers of abortion on demand. Another order directed the secretary of Transportation to increase fuel-emission standards by 2011. The president can impact what kind of car you may purchase by simply signing his name.

President Obama also plans to "rescind a Bush Administration rule that granted protection to doctors, nurses, pharmacists, and other health care workers who refuse to perform or assist in abortions, sterilizations, and other contraceptive procedures on moral grounds" if their organizations receive federal funds. The pro-life groups who supported the Bush administration's unconstitutional forays into areas reserved to the states, such as sumptuary laws, are now witnessing the inherent dangers of an Imperial Presidency when the pendulum swings the other way. Obama has also vowed to continue Bush's faith-based initiatives but to add stringent secular mandates to the funding. None of the above-stated goals included any mention of oversight by Congress or constitutional authorization. It will simply come about because Obama says so.

A dangerous second cousin to executive orders is signing statements. A signing statement is a written statement by the president that accompanies the signing of a bill into law. Todd F. Gaziano, director of the Center for Legal and Judicial Studies for the Heritage Foundation, explains: "Presidential signing statements are themselves a type of directive, but they can incorporate language similar to that in an executive order or a presidential proclamation. For example, some signing statements identify a provision of the bill that the President believes is unconstitutional and instruct executive branch officials not to enforce the provision."

George W. Bush enthusiastically adopted the concept of using signing statements as a pseudo line-item veto. Bush only had the constitutional authority to sign the bill or veto it, not to play "pick and choose" with it. By openly declaring not to enforce the laws as passed or to enforce them in a unique way desired by the president himself, he circumvented the legislative process. Obama has not renounced this use of signing statements, and it remains to be seen if he will adopt them as well. This highlights another means of centralizing authority in the presidency. Each president usually takes it a step further than his predecessor. Obama already has adopted many of Bush's unique interpretations of presidential powers.

Obama on Civil Liberties

President Obama has continued on the worst abuses of the Bush administration claims Bruce Fein, associate deputy attorney general under Ronald Reagan and constitutional scholar. Fein was one of the fiercest critics of the Bush administration's violations of our Constitution. He is especially disgusted about the Obama administration's willingness to continue on these abuses despite all of his proclamations about "change."

In an article for the Washington Times, Fein assailed Obama for his "betrayal [concerning] the imperial powers of his office, which he inherited from the Bush-Cheney duumvirate. He has either embraced or acquiesced in every one of their usurpations or abuses." Fein reminds readers about how Senator Obama criticized numerous Bush administration methods but has now adopted all of them. One of these methods was the use of the "state secrets" legal defense to prevent trials against those who may have participated in torture. Now Obama has asserted that very same defense. "In other words, individual constitutional rights of the highest order should be sacrificed on the altar of national security." Obama also used the state-secrets defense to stop challenges to the Bush "Terrorist Surveillance Program" (TSP) that he had attacked as a senator. Perhaps having the ability to now control the massive wire-tapping program has lessened the president's disdain for its violations of privacy.

Fein summarizes how Obama has incorporated the Bush abuses into his administration: "President Obama has left undisturbed the bulwark of other Bush-Cheney usurpations or constitutional excesses: the Military Commissions Act of 2006; the Foreign Intelligence Surveillance Act Amendments Act of 2008, which eviscerates the Fourth Amendment; the Status of Forces Agreement with Iraq concluded by Bush-Cheney as an executive agreement (despite its placement of U.S. troops under foreign command) to evade Senate scrutiny as a treaty requiring a two-thirds majority; and, President Bush's hundreds of signing statements. If the American people and Congress do not wake up from their Obama infatuation, presidential powers will soon be indistinguishable from King George III's that provoked the 1776 Declaration of Independence." This means that Obama can wiretap and listen to Americans at random and detain people indefinitely as "enemy combatants," denying them the right of habeas corpus (to challenge their detention in court). Are these really powers we want one individual holding? Should Americans feel safe keeping these powers imbued in our Imperial Presidency just because Obama seems like a nice person?

Shortly after his inauguration, Obama signed executive orders closing Guantanamo Bay in an effort to end torture, but civil libertarians question the effectiveness of these measures. Ivan Eland, author of Recarving Rushmore: Ranking the Presidents on Peace, Prosperity, and Liberty, has warned that Obama's show-boating gestures on torture obscure the fact that he is continuing the Bush policies. "Politicians love symbolic acts and Obama's rapid pledge to shutter the high profile prison at Guantanamo and secret CIA prisons was widely praised. But if civil liberties continue to be violated elsewhere, have we made much progress? Obama's nominees have said the administration will continue the CIA's policy of 'extraordinary rendition' of terrorism suspects — a euphemism for secret kidnapping without the legal nicety of extradition or any other procedural due process rights." The publicity over the executive order closing Guantanamo Bay omitted that the administration kept the Bush administration tactic of holding "enemy combatants" without trial at the Bagram Air Force base in Afghanistan.

Economist Paul Craig Roberts, who served as assistant secretary of the Treasury in the Reagan administration, is another former Bush critic who is getting a sense of déjà vu from the new Obama administration. "Now we have the Democrats, and the assault on civil liberty continues. President Obama doesn't want to hold Bush accountable for his crimes and violations of the Constitution, because Obama wants to retain the powers that Bush asserted.... The civil liberties that Bush stole from us are now in Obama's pocket. Will it turn out that we enjoyed more liberty under Bush than we will under Obama? At least the Republicans left us the Second Amendment. The Obama Democrats are not going to return our other purloined civil liberties, and they are already attacking the Second Amendment." Attorney General Eric Holder has already voiced support for reinstituting the so-called assault weapon ban, which banned certain guns based solely on whether they "looked like a military weapon." One can only imagine that the Obama administration is just getting warmed up.

Obama also inherited two wars from President Bush, and Obama's Chief of Staff Rahm Emanuel is quoted as saying, "You never let a serious crisis go to waste." Obama is dead-set on escalating the Afghanistan quagmire while maintaining a long-term commitment with Iraq. As commander-in-chief, Obama should be able to decide how to best deploy troops during war. However, neither war (Afghanistan or Iraq) was declared by Congress, so now Obama is able to use the U.S. armed forces without any regard for our founding document. His recent decision to increase the conflict in the Afghanistan war by sending 17,000 more troops into the battlefield barely raised a peep from Congress. His announcement to keep up to 50,000 troops in Iraq past 2011, which even was endorsed by war hawk John McCain, has already been accepted as a reality.

There are some voices in the wilderness expressing outrage as Obama, the "peace candidate," follows the Bush-McCain plan for Iraq. Writing for CounterPunch.com, Chris Floyd was incredulous. "But the hypocrisy — the literally murderous hypocrisy — of claiming that this plan 'leaves Iraq to its people and responsibly ends this war,' as Obama asserted in his State of the Union speech, is sickening. It does no such thing, and he knows it. Instead, it entrenches the United States more and more deeply in a 'counter-insurgency' war on behalf of whichever clique or faction of sectarian parties [is in control].... But what it won't do is 'end this war' - 'responsibly' or otherwise. When Obama says it will ... he is, quite simply, and very deliberately, lying." Too bad members of Congress do not have Floyd's courage.

All the President's Enablers

What can't Obama do? It would appear that President Obama has very little that limits his ability in office. So who is to blame for the constant centralization of power in the president? Of course, the presidents themselves, but they wouldn't be able to accomplish this without some very powerful enablers. Namely Congress, the states, and ultimately the American citizens themselves have allowed, and even encouraged, the wild power grab by the executive.

Congress gives up power to avoid blame for failures. When things go bad, members of Congress can shrug their shoulders and blame it all on the president. Both John Kerry and Hillary Clinton voted to authorize the U.S. invasion of Iraq not in a constitutional declaration of war but rather in a six-page "Authorization for use of military force against Iraq resolution of 2002." This resolution effectively (and unconstitutionally) transferred to the president the decision of whether or not to go to war based on UN resolutions. Both Clinton and Kerry defended their vote for the resolution as merely trying to give the president more bargaining power at the UN Security Council. They stressed that they didn't actually vote for the war but rather it was the president himself who decided to enter that conflict. Clinton and Kerry are actually correct when they say they did not actually vote to go to war, but they did vote for the president to be able to make the decision to go to war, and in so doing they turned their back on their own responsibilities under the Constitution. Such tortured reasoning and job-shirking go hand in hand with an empowered president.

The states have also sold their souls to the executive in order to receive federal funding. Control from D.C. always accompanies federal funding, and now that state governments are dependent on federal funds, they have to march to the beat of the president's drum. An article entitled Federal Interference with Checks and Balances in State Government: A Constitutional Limit on the Spending Power in the University of Pennsylvania law review explained that the "contribution of federal grant money to state budgets has so increased in amount and changed in form that state legislatures increasingly find themselves with little real control over substantial portions" of what were typically state matters.

The American people have also been willing accomplices in the president's power grab. Voters allow themselves to be enamored with partisanship and leader-worship by focusing all their energy on the president. David Theroux, founder of the Independent Institute, wrote the following about the media circus surrounding Obama's inauguration. "For most Americans, the Presidency has become their sovereign king and father figure who stands above and beyond us mere citizens in order to oversee our lives and our well-being and assuage our fears." As such the Imperial Presidency is really a secular religious "divinity," an earthly "messiah" who many believe will save them from all forms of harm by wielding government power against others, even if this means trampling on their lives, liberties and property. If you have any doubts about the celebrity of the president, ask yourself, "How many magazine covers has Obama been on?" From People to US Weekly to Vogue, Obama has graced enough covers to make even the most successful Hollywood agent jealous.

A Post-constitutional Presidency

Anyone thinking that this problem can be solved by simply hoping the next commander-in-chief has an (R) after his name is seriously deluding themselves. This is a problem that has grown over time and will require a sea change in the widely held view that the president "runs the country."

So where do we go from here? The first step should be to identify and expose all the unconstitutional excesses of the modern presidency. Daniel McCarthy, in an article entitled Our Enemy, The President, writes, "Right-wing presidentialism failed spectacularly under Bush and has now yielded to what may be the strongest expression of left-wing presidentialism since Franklin Roosevelt. Conservatives have an important lesson to learn here. They must not only oppose Obama as they once opposed FDR, they must recognize the threat that presidential power represents to an ordered Republic no matter which party occupies the Oval Office." That is, grass-roots activists who want to restore constitutional liberty to the "land of the free" should work to strip the president of powers he was never intended to have.

Change will require a national movement to remind both Congress and the president of their constitutional roles. President Obama might be the latest wielder of unconstitutional executive power, and he certainly plans to use it like no one before, but the problem is bigger than Obama. America needs to return to the role for the federal government designed by the attendees of the Constitutional Convention.

Patrick Krey, M.B.A., J.D., L.L.M., is a lawyer and freelance writer from New York.

19 March 2009

The Democratic People's Republic of Korea (DPRK) (a/k/a North Korea)


North Korea rejects U.S. food aid

THE ASSOCIATED PRESS
March 18, 2009


WASHINGTON: North Korea has rejected American food shipments and asked aid groups to leave the country by the end of the month, the United States and a leading aid agency said, in another sign of tensions as Pyongyang plans a rocket launching that Washington sees as cover for a long-range missile test.

A U.S. State Department spokesman, Robert Wood, said in Washington on Tuesday that the North gave no reason for refusing U.S. food aid. North Korea faces chronic food shortages and has relied on outside aid to help feed its 24 million people since famine reportedly killed as many as two million in the 1990s.

The five aid groups working in North Korea to distribute U.S. food were asked to leave by the end of March, said Joy Portella, a spokeswoman for the international aid agency Mercy Corps. Their distribution program had been scheduled to run until June.

The announcements came during a North Korean nuclear standoff with the international community, and as the United States and others were warning that a rocket launching would trigger international sanctions. The launching is seen as a bid for President Barack Obama's attention as six-nation nuclear disarmament talks remain stalled.

The South Korean unification minister, Hyun In-taek, said on Wednesday in Seoul that he saw North Korea's rejection of U.S. food aid as "an answer" to international opposition to its plans to launch a rocket and as a protest against joint U.S.-South Korean military drills taking place now across South Korea. Mr. Hyun is the cabinet official in charge of relations with North Korea.

Last May, the United States said it would provide 500,000 tons of food to North Korea, although Washington said the assistance was not related to the nuclear issue.

As part of that agreement, the United States delivered 169,000 metric tons to North Korea, with the most recent shipment of 5,000 tons of vegetable oil and corn soy blend arriving in January, Mr. Wood said.

"We're obviously disappointed," he told reporters at the U.S. State Department. "Clearly, this is food assistance that the North Korean people need. That's why we're concerned."

"The food situation in North Korea is not a good one."

North Korea is among the world's poorest countries, with an average per capita income of $1,150 in 2007, the last year for which figures are available, according to South Korea's central bank.

Ms. Portella said the United States had been scheduled to provide 400,000 metric tons of food aid to North Korea through the UN World Food Program, and 100,000 metric tons through the five aid groups, of which her group, Mercy Corps, was the lead distributor.

The aid groups, she said, had distributed 50,000 metric tons of food; another approximately 20,000 tons were in the country but had yet to be handed out.

Previous U.S. food aid to the North stopped after a dispute over a U.S. demand for close involvement in how the aid got distributed. Washington wants assurances that the food is not diverted to the military or the elite.

Mr. Wood said that U.S. humanitarian assistance had nothing to do with deadlocked six-nation negotiations meant to persuade the North to give up its nuclear weapons. Those talks have stalled over the North's refusal to agree to a process to verify its nuclear weapons program.

Under a 2007 deal, North Korea agreed to disable its main nuclear complex — a step toward its ultimate dismantlement — in return for 1 million tons of fuel oil and other concessions from international negotiators.

More than 70 percent of the promised energy aid has been provided, but Pyongyang has complained that the pace of energy shipments does not match that of its disabling work.

18 March 2009

Former Métis Nation of Alberta (MNA) Provincial Vice President Trevor Gladue



PRESS RELEASE

Former Vice-President suspended for actions detrimental to the Métis Nation of Alberta

March 9, 2009 (Calgary) – In a decision issued Friday, March 5 2009, the Métis Nation of Alberta (MNA) Judiciary Council suspended Trevor W. Gladue, the former Vice-President of the MNA, for a period of six (6) years, for conduct deemed harmful and inconsistent with Mr. Gladue’s responsibilities as the Provincial Vice-President.

Two Métis Local Presidents from MNA Region 3, Bev Weber from Rocky Mountain House, and M. Jeannette Hansen from Medicine Hat respectively, brought the action forward against Mr. Gladue, in May 2008. The Métis Judiciary Council (MJC) heard the case on October 18, 2008.

The MJC listened to testimony from four (4) witnesses in addition to the testimonies from the two MNA Local Presidents who initiated the action against Mr. Gladue. The MJC reviewed documented evidence to substantiate the allegations that Mr. Gladue used his office and influence to: a) undermine the positions taken by MNA President and Provincial Council; b) to prevent Provincial Council from voting on key and urgent matters; and, c) to spread false, prejudicial information and a misrepresentation of facts about MNA finances to banking institutions with whom the MNA conducts its business. In addition, the MJC reviewed evidence of letters sent by Mr. Gladue to senior Government officials and Ministers alleging misconduct against the MNA with respect to its financial integrity.

In a unanimous decision, the Judiciary Council held that Mr. Gladue actions were not in keeping with his sworn Oath of Office and that his conduct was gravely detrimental to the Métis Nation and suspended Mr. Gladue as per MNA Bylaws Article 7.1 (a) (b) and (d).

Appearing only briefly at the hearing due to other personal commitments, Mr. Gladue, stated in his own defense that the Charter of Rights and Freedoms gave him “the right to speak his mind. The Judiciary Council ruled that his Charter defense did not absolve him of “his obligation of Office of Vice-President of the MNA to put his service to the people or the processes of the Métis Nation of Alberta ahead of published personal perception.”

Bev Weber, who is now the elected Vice-President from MNA Region 3 stated, “If anyone has hurt or wronged Mr. Gladue, it was he himself, by resorting to actions that supported a personal agenda without regard for his responsibilities to the Métis people and Mr. Gladue is to be held accountable for his actions.”

“Mr. Gladue has instead left a legacy of harm in his wake. The current Provincial Council now has the duty to rebuild the trust of our Nation, government, banking institutions and all those with whom we deal with in a professional capacity,” said Weber.

“This decision confirms that the process by which the people of our Nation can request a review of behaviors that are harmful to our Nation is fair and effective process and protects us from the wrongful actions taken by those we put into office,” said Métis Local President from Medicine Hat, Jeannette Hansen.

The suspension takes effect March 4, 2009 and will not interfere with Mr. Gladue’s rights to vote at MNA Assemblies or elections, but does disqualify him seeking or holding elected office in the MNA until March 4, 2015.


Backgrounder:

Decision of the Métis Judiciary Council, Docket Number 008-02

For further information:

Bev Weber at bweber@metis.org

American International Group, Inc. (AIG)


Outraged Obama goes after AIG bonus payments

by Jeff Mason and David Alexander

THE ASSOCIATED PRESS
March 16, 2009


WASHINGTON (Reuters) - President Barack Obama sought to claw back bonuses paid to employees of insurer AIG on Monday, expressing outrage that taxpayer money was used to reward executives at the bailed-out firm.

Though the insurance giant is being kept alive on a government bailout of up to $180 billion, it is now paying out $165 million in bonuses.

"This is a corporation that finds itself in financial distress due to recklessness and greed," Obama said.

"Under these circumstances, it's hard to understand how derivative traders at AIG warranted any bonuses, much less $165 million in extra pay," he said at the White House.

"How do they justify this outrage to the taxpayers who are keeping the company afloat?"

Obama said he had ordered Treasury Secretary Timothy Geithner to pursue "every single legal avenue" to cancel the bonuses and a Treasury official said later it would modify a planned $30 billion capital infusion for American International Group to try to recoup the bonuses.

White House spokesman Robert Gibbs said the Treasury could impose rules on the $30 billion loan facility for AIG but declined to go into specifics or spell out ways the legal avenues available to the administration to block the payments.

Obama said Geithner was working on the problem.

"I want everybody to be clear that Secretary Geithner's been on the case. He's working to resolve this matter with the new CEO, Edward Liddy, who, by the way, everybody needs to understand, came on board after the contracts that led to these bonuses were agreed to last year," Obama said.

Liddy told Geithner in a letter the insurer was legally obliged to fulfill 2008 employee retention payments but had agreed to revamp its system for future bonuses.

Obama said overall financial regulatory reform was vital to ensure this did not occur again.

He said the government needed "some form of resolution mechanism in dealing with troubled financial institutions, so that we've got greater authority to protect American taxpayers and our financial system in cases such as this."

Pausing to cough, Obama said he was "choked up with anger."

"We don't have all the ... regulatory power that we need. And this is something that I expect to work with Congress to deal with in the weeks and months to come."

(Additional reporting by David Lawder, editing by Chris Wilson)

17 March 2009

American Professional Athlete Donté Stallworth


Sources: Stallworth expected to be charged

by Jason Cole

As originally posted on: Yahoo! Sports
March 16, 2009


Miami police have indicated that Cleveland Browns wide receiver Donte’ Stallworth is expected to be charged as a result of the driving accident that killed a pedestrian early Saturday morning, two sources with knowledge of the investigation said.

Pending the outcome of the investigation, which includes results of a blood test for drugs or alcohol, the sources said driving under the influence, vehicular manslaughter and reckless driving were among the possible charges.

“The police seem pretty confident that they’re going to charge him,” a source with the NFL said. “ … Even if he [is] clean, I think the police feel he’s going to be charged with something, regardless.”

A detective source was also told that the police anticipated charging Stallworth, who was reportedly cooperative with police and distraught over Reyes’ death.

“I think it looks like to the police that Stallworth wasn’t being careful, at the very least,” the second source said.

Mario Reyes, 59, was leaving his job as an overnight crane operator and trying to get to a bus stop on the southeast end of MacArthur Causeway. The causeway connects Miami Beach to downtown Miami. According to co-workers, Reyes, who left Cuba for Miami as a teenager, was on his way home.

NFL spokesman Greg Aiello said the league was “monitoring” the situation.

This is at least the second time that Stallworth, who signed a seven-year, $35 million contract with the Browns in 2008, has had a brush with the law in Miami, according to the Herald. Stallworth was arrested following a traffic stop in March of 2006. Charges were filed, but he was not prosecuted.

Jason Cole is a national NFL writer for Yahoo! Sports. Send Jason a question or comment for potential use in a future column or webcast.

16 March 2009

"The American Criminal Injustice System"


The American Criminal Injustice System

by Dr. Paul Craig Roberts

As originally published in: The Beacon
March 14, 2009


Ronald Cotton spent 11 years in prison because Jennifer Thompson provided eyewitness testimony that he was the person who raped her. On March 9, National Public Radio revisited the story.

It turned out that Thompson was completely wrong. DNA evidence indicated that it was not Cotton but another man who had bragged about the rape.

I am familiar with psychological studies that conclude that eyewitness accounts are wrong half of the time. That is enough to discredit eyewitness testimony as evidence – yet police and juries always bank on it.

Rape victims tend to be angry and they want someone to pay. When shown mug shots or a lineup, they tend to pick someone, naively believing that if it is the wrong person the police investigation will clear the person. Witnesses to crimes who are not themselves victims want to be helpful to the police. Consequently, they also tend to deliver up the innocent to justice.

Law and order conservatives think that the only miscarriages of justice are caused by liberal judges and liberal parole boards who can't wait to release dangerous criminals to prey on the public.

The absurd idea that the justice system doesn't make mistakes about those it convicts, except when they are let off by liberals, has made it impossible for innocent people wrongfully convicted to be paroled.

To be paroled, a person must admit to his crime and go through rehabilitation. Of course, only the guilty admit their crimes, and so only the guilty qualify for parole. Innocent people tend to maintain their innocence.

A case in point is that of William R. Strong, who has been locked away for a dozen years or more for "wife rape." According to people familiar with the case, Strong's wife had a boyfriend and wanted rid of her husband. She accused him of rape. This was prior to DNA testing, but the perp kit still exists.

Strong comes from a patriotic military family. His father was a colonel, and Strong served as a lieutenant and has two college degrees. The family trusted America and the police and the justice system. When advised that Strong would be out in a year if he agreed to a plea bargain, the family, beset with troubles, pressured Strong to accept the deal.

The judge, seeking women's support, gave Strong 60 years.

That should be enough to wreck marriage in America, or for that matter, heterosexual sex unless there is a signed contract prior to each act.

The American criminal justice system is incapable of admitting that it makes mistakes. The criminology bureaucrats claim that those inmates who proclaim their innocence are in denial and, thus, cannot be rehabilitated and, therefore, remain dangerous. In truth, it is the bureaucrats who are in denial and constitute a danger to justice.

The criminal justice system has nothing to do with justice. It is a massive producer of injustice. The agenda is to clear court dockets and produce high conviction rates. These high rates are achieved through coerced plea bargains.

Law and order conservatives think of the police in godlike terms as "public defenders." Conservatives could gain more perspective if they watch some of the videos on YouTube of gratuitous police violence, such as one of a police officer delivering a brutal beating to a 15-year-old girl.

Libertarian free-market types believe that the private sector can do everything better than the public sector. This ideology causes libertarians to be blind to the dangerous incentives created by the privatization of prisons. On Feb. 12, CBS News reported that two Pennsylvania judges have been charged with sending kids to privately operated detention centers in exchange for $2.6 million in payoffs. State-operated prisons don't want more inmates. The more inmates, the more the work and the more the risk that a judge will intervene because of overcrowding.

In contrast, private jails make more money the more inmates they have.

Just think of all the kids whose lives have been ruined by the greedy judges and private prison operators. The judges have been sentenced to seven years on reduced-charge plea bargains.

But what about the private prison operators who paid the bribes to have the kids sentenced? Shouldn't they be put away for life?

The United States has the highest incarceration rate and the biggest prison population of any country in the world. With 5 percent of the world's population, the United States has 25 percent of the world's prison inmates. Recent research by the Pew Center concludes that one in every 31 Americans is in prison or jail or on probation or parole.

American Financial Commentator Jim Cramer and NBC Universal, Inc.


Stewart hammers Cramer on 'The Daily Show'

by Jake Coyle

THE ASSOCIATED PRESS
March 13, 2009


NEW YORK (AP) - Jon Stewart hammered Jim Cramer and his network, CNBC, in their anticipated face-off on "The Daily Show," repeatedly chastising the "Mad Money" host for putting entertainment above journalism.

"I understand that you want to make finance entertaining, but it's not a ... game," Stewart told Cramer, adding in an expletive during the show's Thursday taping. The episode was scheduled to air at 11 p.m. EDT on Comedy Central.

It was perhaps the hardest lashing Stewart has given to a TV commentator since 2004 when he called Tucker Carlson and his then co-host Paul Begala "partisan hacks" on CNN's "Crossfire," the since canceled political commentary program.

The program opened in mock hype of the confrontation, which caught headlines through the week as each snipped at the other over the air. The show announced it as "the weeklong feud of the century."

In his opening, Stewart announced that it was "go time." He played a video clip of Cramer's Thursday guest appearance on "The Martha Stewart Show" in which Cramer beat a mound of dough, pretending it was Stewart.

Said Stewart: "Mr. Cramer, don't you destroy enough dough on your own show?"

Once Cramer came out for the interview, Stewart wondered: "How the hell did we get here?"

Cramer, his sleeves characteristically rolled up, said he was a "fan of the show."

But the humorous tone - at least for Stewart - changed as the interview continued.

Stewart repeatedly said Cramer wasn't his target, but aired clip after clip of the CNBC pundit.

"Roll 210!" announced Stewart, like a prosecutor. "Roll 212!"

Most were from a 2006 interview not meant for TV in which Cramer spoke openly about the duplicity of the market.

"I can't reconcile the brilliance and knowledge that you have of the intricacies of the market with the crazy ... I see you do every night," said the comedian.

Stewart said he and Cramer are both snake-oil salesman, only "The Daily Show" is labeled as such. He claimed CNBC shirked its journalistic duty by believing corporate lies, rather than being an investigative "powerful tool of illumination." And he alleged CNBC was ultimately in bed with the businesses it covered - that regular people's stocks and 401Ks were "capitalizing your adventure."

For his part, Cramer disagreed with Stewart on a few points, but mostly acknowledged that he could have done a better job foreseeing the economic collapse: "We all should have seen it more."

Cramer said CNBC was "fair game" to the criticism and acknowledged the network was perhaps overeager to believe the information it was fed from corporations.

"I, too, like you, want to have a successful show," said Cramer, defending his methods on "Mad Money." He later added: "Should we have been constantly pointing out the mistakes that were made? Absolutely. I truly wish we had done more."

Cramer insisted he was devoted to revealing corporate "shenanigans," to which Stewart retorted: "It's easy to get on this after the fact."

At one point, Cramer sounded the reformed sinner, responding to Stewart's plea for more levelheaded, honest commentary: "How about I try that?" said Cramer. "I'll do that."

By the end, the two-segment interview went far beyond its allotted time. Comedy Central said the on-air version would be cut by about eight minutes, though the entire interview would be available unedited on ComedyCentral.com on Friday.

---

On the Net:

http://www.thedailyshow.com

http://www.cnbc.com

15 March 2009

The System


A Look at the Jury System and Our Participation in It

by Graham Dugas

As originally posted on: LewRockwell.com
March 14, 2009


"Without justice, what are kingdoms but great bands of robbers?"
– St. Augustine



The jury system is one of the few remaining checks on the system available to those of us who love freedom. We must utilize this tool to the fullest measure if we ever hope to non-violently fight tyranny. Yes, it is a hassle but we needn’t look far to see all the evils visited upon us when this righteous check on tyranny and lunacy is neglected. With freedom comes responsibility. The jury system is the government coming before you asking for permission. In that sense we are not "tainting ourselves by participating in the system" as some would have us believe. Rather it is "The System" coming before us seeking acquiescence and we need not cater to their wishes.

The evil of laziness:

Let’s get a little closer to home. Let’s take a good look at our hearts. We who espouse human responsibility, we who decry envy, we who are educated and refined, have we by our neglect enabled those who would tyrannize us?

OK, so jury duty doesn’t really pay that well, it is grievous and it gives the righteous freedom lover agita to no end. Is that reason to neglect it? When those who work real jobs that require intelligence all seek to get excused from jury duty so they can go about their normal affairs, the void is filled by those who might typically watch Jerry Springer…. or Oprah. (Which is worse?) Who would you want on your jury should the IRS target you? Murray Rothbard or Boobus Americanus? So we who love freedom, must overcome our laziness and endeavor to get seated on the jury because it is we who have studied history, it is we who have studied the precepts of liberty and it is we who have obtained a righteous and non-conformed ideal of justice. If it is not our view of justice that is represented, it will be someone else’s view that gets represented. We should therefore see to it that we persevere through all the odious crap and overcome all the things they put in place to dissuade our participation.

The evil of pride:

Pride, zeal, and even the love of the truth often trap unwise freedom lovers. They know the doctrine of nullification. They know the history of men such as William Penn (after whom Pennsylvania is named). They know Blackstone, they know the Constitution and… they can’t wait to let others know they know it too. Herein is their undoing. They get bounced from the jury pool, and maybe marked for life, just because they fail to grasp the true goal of having the magistrate subjected to them. And that is exactly what it is. The power elites still have to come before the common man to obtain 1.) an indictment via a Grand Jury, and 2.) a conviction via a common jury. A righteous soul on a Grand Jury can shield his fellow man from the rigors, expense and capricious risk of a criminal trial. Just one person of conscience on a regular jury can prevent an evil outcome. Sadly, such stand-alone faith and fortitude are rare ingredients these days. Let’s change that.

The power of a juror:

A single juror has unlimited and unreviewable power that cannot be reversed…. if he is wise. Just one juror can hang the jury and prevent a conviction. And his reasons need not be explained, nor must he even let them be fully known to a single soul. He can just vote to acquit and say nothing else. He can keep his reasons entirely private should he so desire. The juror is a judge of the facts (he didn’t pay his taxes, he had a gun, he protested outside the designated "free speech zone") and he is also a judge of the laws forbidding such actions. Mid-nineteenth-century jurors often refused to convict those who were charged with violating the Fugitive Slave Act. If just a few jurors refused to convict in tax cases the whole phoney mess could be defanged. This power is so great because that way we don’t need 51%, we only need one out of twelve and they are powerless to overcome us.

(An important side note: The juror also has the right to ask questions during the trial but it is best to refrain exercising in our times lest he get bounced from the jury by an arbitrary evil "Judge" for "misconduct.")

The goal:

Very simply the goal is to get seated. Suppose they pass a law that absolutely forbids the possession of any type of a gun whatsoever. Suppose all the courts and judges are all stacked and beholden to evil. (Is this a big supposition?) Suppose Joe Patriot was found with a gun. Suppose the penalty was death. Suppose you were on the jury and the defendant openly admitted that he had the gun and the facts are beyond dispute. The "Judge" instructs the jury as to what the "current law" is and tells you to apply it to the facts.

Now off you go with eleven Oprah/Jerry Springer drones to the deliberation room. The jury foreman goes through the facts and the law, and then you all vote either to acquit or to convict. You are the lone hope for a righteous outcome, the lone hope for justice to prevail. Here is the point of conscience. Here is the point of real power. You can simply vote to acquit and give your fellow jurors no reason at all. Or you could tell them anything they want to hear. Tell them you think Joe Patriot was framed. Tell them you think he was pressured or hypnotized into confessing. Tell them you think he is being drugged by CIA mind control drugs. Whatever you do, don’t wave your nullification flag. You may get tossed from the jury because the judge arbitrarily accuses you of misconduct or of being "tainted." The best bet is to act dumb, and with a glassy-eyed stare, say you just have doubts. You may be the lone hope to protect Joe Patriot from life in the gulag.

Getting seated and staying seated is the goal. You are then above the judge, the prosecutor, and even the written law. They have to come before you to get a conviction. You can vote however you wish and you need not account to anyone for it but God. You don’t have to explain yourself, the history of the Second Amendment, the Sixteenth Amendment, the Magna Carta, English Common Law, Natural Law, William Blackstone, Samuel Rutherford, or anything. In fact it is better if you don’t. You want to remain under cover so you can get seated again in the future. This is very important. Why would you want to surrender such power?

A general premise:

In times of declension such as ours, "Judges" have no honor nor is any due them. Please strongly consider using any available means including misdirection, shaded statements, etc. as an effort to get on the jury. Hide from them the fact that you have ever read the Constitution. Say you read it in school and leave it at that. Make statements about how you trust the system, trust the police etc. If you are specifically asked about nullification, or fully informed juries, tell them you would listen to what the "Judge" had to say about it and let them believe what they want. Act like the typical conformed, publicly schooled, Ritalin-consuming drone and make no waves. Tell the "Judge" or Prosecutor what they want to hear in order to get seated. Tell them you love Jerry Springer and Oprah. Keep mum, you don't need to show off any knowledge or instruct the evil judge in the plain meaning of the English language. He has spent a fortune and devoted many years in an effort to become as stupid as he is. He is a sad creature that is now fully conformed and impervious to logic.

The facts are that the government still must come before the people (juries) in order to convict. You have unreviewable power once you cast your vote as a juror. Resist the temptation to give the judge a civics lesson. Don't wrangle with evil men. Assume that such a judge, by virtue of his holding that office, is likely an evil man. He has toted too much political water to get there. If he were an exception to this assumption, if he was a just man, he would stand out and you would know it. He would also not make such an effort to screen righteous people and independent thinking from the jury. So, presuming him to be evil, do what you must to get past him without being exposed.

Truth telling, conscience and cunning:

Now as to "lying"... and honor... The knock comes on the door.... "Are there any Jews here" is the question. What is unstated is "Are there any Jews here that we can take and kill." So you may freely reply in the same vein: "No there are no Jews here" and also leave unstated "that you can take and kill" even as they left it unstated.

Words have a spirit behind them. We talk about the essence of something written, the intention, the gist of something, and the "spirit of the law." When you say: "No, there are not any Jews here (that you can take and kill)," you are the only one in the exchange that is telling the truth.

The Hebrew midwives of Moses, Rahab hiding the spies from the inquisitors in Jericho, the Magi misdirecting Herod about Christ's whereabouts and others were lauded for what they did.

During jury examination, what the judge is asking you is this... "Will you be my puppet and apply the laws as I see them regardless of the plain meaning of the Constitution (or higher Natural Law)?" "Will you become my vassal?" What he is saying is: "Will you join me in applying the law?" and he leaves unstated "Will you join me in applying the law unjustly?" You can, with a free conscience reply, "Yes I will join you in applying the law" and leave out the adverb "unjustly" even as he left it out.

I have often wondered how someone’s conscience could be bothered if they told a policeman or a judge a "half-truth" but they are not bothered by voting to convict their fellow man of some evil law and subjecting him to draconian punishment for it. If I am going to err, let it be on the side of my fellow man.

Conclusion:

Jury trials are one of the non-violent ways our republic still affords us to resist evil. Use it to the full. We may get a proud feeling as we are giving the judge a righteous civics lesson but that is not the goal. The goal is to get to a place (the jury) where you are the "decider."

Many Christians and people of conscience are easily bamboozled by cunning evil men who want to smoke them out and deprive them of the opportunity to further righteousness/justice. Stay undercover. Be wise as a serpent and innocent as a dove. Aim to get seated, and to remain unmarked so you can get seated again. Avoid the traps of laziness, of pride, and of being an unsophisticated simpleton who gets smoked out. The juror is above the lawmaker, above the prosecutor, and above the judge. Who would not seek to embrace such a position of reforming power?

Graham Dugas [send him mail is 49 yrs. old and works as a kitchen designer in the Hilton Head, SC area. He has participated in non-violent civil disobedience, he has been to their jails, he has experienced their crooked courts and he has never trusted a gov't official of either political party since. He has successfully defended himself in court and in 1996 he single-handedly defeated a court injunction that the US Supreme Court previously upheld.

14 March 2009

Film Actor / Pop Celebrity Lindsay Lohan


Arrest warrant issued for Lindsay Lohan

REUTERS
March 14, 2009


LOS ANGELES (Reuters) - Beverly Hills police said an arrest warrant has been issued for actress Lindsay Lohan that stems from her 2007 conviction for drunken driving.

The $50,000 warrant was issued by the Beverly Hills Superior Court, police said in a statement late on Friday.

Officials declined to state the reason for the warrant. But celebrity website TMZ.com said an alcohol education program in which Lohan is enrolled told the court that she was not in compliance with the terms of her probation.

"It is our hope that Ms. Lohan will surrender herself so that this matter can be resolved in a timely manner," Beverly Hills Police Lieutenant Mark Rosen said in a statement.

A court hearing was scheduled on Monday morning, and police said they were "not actively trying to serve the warrant."

Lohan, 22, spent 84 minutes behind bars in November 2007 for a drunken driving and cocaine possession conviction. She had been arrested the previous May after wrecking her car in Beverly Hills and again in July following a car chase in the Los Angeles beach community of Santa Monica.

Lohan's attorney and publicist did not immediately return calls seeking comment.

In a statement to the TV show "Extra," attorney Shawn Chapman Holley said Lohan "has been in compliance with all the terms and conditions of her probation and all orders of the Court.

"The warrant issued on Friday was, in our view, born out of a misunderstanding which I am confident I can clear up next week," he said.

The actress shot to fame in Disney's 1998 remake of "The Parent Trap," in which she played the part of identical twins. But she has not starred in a feature film since the 2007 box office flop "I Know Who Killed Me."

(Reporting by Nichola Groom; Editing by Xavier Briand)

American Political Commentator / Activist Rush Limbaugh


This is "a great leader for conservatives"? Media Matters looks back at some of the worst of Limbaugh

Summary: In light of Limbaugh's continued prominence as a major figure among conservatives, Media Matters for America looks back at Limbaugh's history of inflammatory, controversial, and "ugly" remarks.

by Julie Millican and Nathan Tabak

As originally posted on: Media Matters for America
March 3, 2009


Former President Ronald Reagan once reportedly dubbed Rush Limbaugh, "the Number One voice for conservatism in our Country." According to The New York Times Magazine, "In 1994, he was so influential in the Republican Congressional landslide that the grateful winners made him an honorary member of the G.O.P. freshman class." Limbaugh is once again in the headlines with his attacks on President Obama. In a March 2 appearance on CNN's Larry King Live, Louisiana Gov. Bobby Jindal (R) stated, "I think Rush is a great leader for conservatives. I think he articulates what a lot of people are concerned about."

On the March 1 edition of CBS' Face the Nation, White House chief of staff Rahm Emanuel stated of Limbaugh, "[W]henever a Republican criticizes him, they have to run back and apologize to him and say they were misunderstood." Indeed, as blogger Greg Sargent noted, after Rep. Phil Gingrey (R-GA) stated that "it's easy if you're Sean Hannity or Rush Limbaugh or even sometimes Newt Gingrich to stand back and throw bricks," Gingrey issued a statement in which he sought to "clarify" his comments by stating, in part, that Republicans "need to articulate a clear conservative message that distinguishes our values and our approach from those of liberal Democrats." In his statement, Gingrey described Limbaugh as one of the "conservative giants [who] are the voices of the conservative movement's conscience." Also, as Think Progress noted, Gingrey called into Limbaugh's radio show to express "very sincere regret for those comments." Gingrey reportedly said: "I clearly ended up putting my foot in my mouth on some of those comments. ... I regret those stupid comments."

In addition, according to the Politico, after referring to Limbaugh as an "entertainer" whose rhetoric can be "incendiary" and "ugly," Republican National Committee chairman Michael Steele "reached out to Rush Limbaugh to tell him he meant no offense." According to the Politico, Steele stated: "My intent was not to go after Rush - I have enormous respect for Rush Limbaugh. ... I was maybe a little bit inarticulate. ... There was no attempt on my part to diminish his voice or his leadership."

In light of Limbaugh's continued prominence as a major figure among conservatives, Media Matters for America looks back at Limbaugh's history of inflammatory, controversial, and "ugly" remarks:

- In a January 22 interview on Fox News' Hannity, Limbaugh said of media coverage of Obama: "We are being told that we have to hope he succeeds, that we have to bend over, grab the ankles, bend over forward, backward, whichever, because his father was black, because this is the first black president." Limbaugh had previously declared in June 2008 that Obama's "only chance of winning" the presidency "is that he's black." During the 2008 presidential campaign, Limbaugh also called Obama "an affirmative action candidate" and asserted during the May 14, 2008, broadcast of his show, "If Barack Obama were Caucasian, they would have taken this guy out on the basis of pure ignorance long ago."

- Limbaugh has repeatedly invoked right-wing conspiracy theories that the Clintons were involved in the death of then-deputy White House counsel Vince Foster, whose body was found in Northern Virginia's Fort Marcy Park on July 20, 1993, despite multiple official investigations that determined Foster committed suicide. On July 8, 2008, while discussing reports that a plane carrying then-Sen. Obama had been forced to make an emergency landing in St. Louis, Limbaugh referred to Obama's flight "aboard Fort Marcy Airlines." Limbaugh later commented on a "conspiracy theory" that "Mrs. [Hillary] Clinton, through Mr. [Terry] McAuliffe, is gonna massage things out in Denver so that [Obama] doesn't get the nomination." He added: "You couple this with Obama's plane, Fort Marcy Airlines, having to take a detour to St. Louis for a mechanical problem."

- In September 2007, Limbaugh characterized service members who advocate U.S. withdrawal from Iraq "phony soldiers." He later argued he had been taken out of context by Media Matters and claimed he was not talking about "the anti-war movement generally," but rather about "one soldier ... Jesse MacBeth." To support this, Limbaugh purported to air the "entire" segment in question from the September 26, 2007, broadcast of his show, but, in fact, the clip he aired had been selectively edited. Limbaugh later included Rep. Jack Murtha (D-PA), a Vietnam veteran, in the group of "phony soldiers."

- On the August 21, 2007, broadcast of his show, a caller said to Limbaugh: "I know I'm no expert in foreign affairs, but what really confuses me about the liberals is the hypocrisy when they talk about how we have no reason to be in Iraq and helping those people, but yet everybody wants us to go to Darfur." Limbaugh responded by claiming Democrats "want to get us out of Iraq, but they can't wait to get us into Darfur." He continued: "There are two reasons. What color is the skin of the people in Darfur? It's black. And who do the Democrats really need to keep voting for them? If they lose a significant percentage of this voting bloc, they're in trouble." The caller responded, "The black population," to which Limbaugh said, "Right."

- Responding to a Reuters report on a University of Chicago study that found that "a majority of young blacks feel alienated form today's government," Limbaugh asserted on February 5, 2007: "Why would that be? The government's been taking care of them their whole lives."

- Discussing Nancy Pelosi's (D-CA) speech following her election as the country's first female speaker of the House, Limbaugh stated on January 5, 2007: "[L]ook at Ms. Pelosi. Why, she can multitask. She can breastfeed, she can clip her toenails, she can direct the House, all while the kids are sitting on her lap at the same time."

- Limbaugh has made numerous controversial remarks about women, including frequently referring to feminists as "feminazis." For example, on the November 30, 2006, edition of his radio show, Limbaugh proclaimed: My "cat's taught me more about women, than anything my whole life" because his pet cat "comes to me when she wants to be fed," and "[s]he's smart enough to know she can't feed herself. She's actually [a] very smart cat. She gets loved. She gets adoration. She gets petted. She gets fed. And she doesn't have to do anything for it."

On January 24, 2008, Limbaugh claimed that then-Sen. Hillary Clinton is "in the Northeast. She is surrounded by her good old, white female - white female new castrati male base, while her husband [former President] Bill [Clinton] pays penance - left to deal in South Carolina, while she's up with her people, the whites and the less-than-blacks." Later in the broadcast, referring to Clinton, Limbaugh asked: "How did that woman go from inevitable, to down-and-dirty, to the testicle lockbox, to her red-faced husband showing that even he, too, gets PMS?"

On January 10, 2006, Limbaugh suggested that some women "would love to be hired as eye candy."

On March 1, 2005, Limbaugh claimed that "[w]omen still live longer than men because their lives are easier."

- In October 2006, Rush Limbaugh accused actor Michael J. Fox, who has Parkinson's disease, of "exaggerating the effects of the disease" in a campaign advertisement for Sen. Claire McCaskill (D-MO), who was then a Senate candidate. In the ad, Fox endorsed McCaskill for supporting embryonic stem cell research, which her opponent at the time, then-incumbent Republican Sen. Jim Talent, opposed. Noting that Fox is "moving all around and shaking" in the ad, Limbaugh declared: "And it's purely an act. This is the only time I have ever seen Michael J. Fox portray any of the symptoms of the disease he has." Limbaugh added that "this is really shameless of Michael J. Fox. Either he didn't take his medication or he's acting, one of the two."

Later in the broadcast, Limbaugh stated, "I will bigly, hugely admit that I was wrong, and I will apologize to Michael J. Fox if I am wrong in characterizing his behavior on this commercial as an act, especially since people are telling me they have seen him this way on other interviews and in other television appearances." However, Limbaugh then returned to criticizing Fox, stating that "Michael J. Fox is using his illness as a way to mislead voters into thinking that their vote for a single United States senator has a direct impact on stem cell research in Missouri. It doesn't, and it won't."

- On August 23, 2006, discussing the CBS reality TV program, Survivor, in which contestants were originally divided into competing "tribes" by ethnicity, Limbaugh stated that the contest was "not going to be fair if there's a lot of water events" and suggested that "blacks can't swim." Limbaugh stated that "our early money" is on "the Hispanic tribe" - which he said could include "a Cuban," "a Nicaraguan," or "a Mexican or two" - provided they don't "start fighting for supremacy amongst themselves."

Limbaugh added that Hispanics have "probably shown the most survival tactics," that they "have shown a remarkable ability to cross borders," and that they can "do it without water for a long time, they don't get apprehended, and they will do things other people won't do." When the Survivor producers decided to dissolve the show's racially segregated "tribes" after only two episodes, Limbaugh declared that "[t]here can only be one reason for this ... that is the white tribe had to be winning."

- On February 14, 2006, Limbaugh invented a racial component to explain Iraq war veteran Paul Hackett's departure from the Ohio Democratic Senate primary race. While reporting on Hackett's decision to withdraw from the race against then-Rep. Sherrod Brown (D-OH), Limbaugh asserted: "And don't forget, Sherrod Brown is black. There's a racial component here, too," adding that "the newspaper that I'm reading all this from is The New York Times, and they, of course, don't mention that." In fact, Brown is white - a point on which Limbaugh was corrected later in the program.

- Following the disclosure of detainee abuse at Abu Ghraib, Limbaugh claimed in 2004 that the U.S. military personnel involved were just "having a good time," and that their actions served as an "emotional release." Limbaugh called the abuse "hazing," referred to it as "an out-of-control fraternity prank," and agreed with a caller that the abuse "was like a college fraternity prank."

- In 2003, Limbaugh made controversial comments about Philadelphia Eagles quarterback Donovan McNabb, which led to Limbaugh's resignation as a commentator on ESPN. During the September 28, 2003, edition of ESPN's Sunday NFL Countdown, Limbaugh said that "[t]he media has been very desirous that a black quarterback do well" and, therefore, that McNabb "got a lot of credit for the performance of this team [the Eagles] that he didn't deserve."

- According to a June 7, 2000, Fairness and Accuracy in Reporting (FAIR) article, "[w]hen Carol Moseley-Braun (D-IL) was in the U.S. Senate, the first black woman ever elected to that body, Limbaugh would play the 'Movin' On Up' theme song from TV's 'Jeffersons' when he mentioned her. Limbaugh sometimes still uses mock dialect - substituting 'ax' for 'ask' - when discussing black leaders." FAIR also reported that "[i]n 1992, on his now-defunct TV show, Limbaugh expressed his ire when Spike Lee urged that black schoolchildren get off from school to see his film Malcolm X: 'Spike, if you're going to do that, let's complete the education experience. You should tell them that they should loot the theater, and then blow it up on their way out.' "

- The late columnist Molly Ivins reported:

On his TV show, early in the Clinton administration, Limbaugh put up a picture of Socks, the White House cat, and asked, "Did you know there's a White House dog?" Then he put up a picture of Chelsea Clinton, who was 13 years old at the time and as far as I know had never done any harm to anyone.

When viewers objected, he claimed, in typical Limbaugh fashion, that the gag was an accident and that without his permission some technician had put up the picture of Chelsea - which I found as disgusting as his original attempt at humor.

13 March 2009

Democracy


Thank Democracy for Kim Jong Il

by Aaron Kinney

As originally posted on: The Radical Libertarian
March 10, 2009


Democracy triumphs again! Kim Jong Il has been re-elected as leader of North Korea with an overwhelming 100% of the vote. This is a giant win for Kim, and a giant win for democracy. Hooray!

Admittedly, Kim was the only one on the ballot. But those who voted for him had the option of leaving their ballots blank, which they did not. No, they happily punched the "Kim Jong Il" option with visions of Juche circling their heads.

Other great leaders who were elected democratically:

Adolf Hitler
Joseph Stalin
Pol Pot
Fidel Castro
Hugo Chavez
George W. Bush

12 March 2009

Canadian Prime Minister Stephen Harper


He just can't help himself

by Adam Radwanski

As originally posted on: Adam Radwanski
March 10, 2009


From the e-mails I'm getting, the early sense is that Stephen Harper will be widely criticized for being too sunny in today's speech in Brampton. That's not the part of his text, though, that I find problematic.

It's true that the Prime Minister probably could have offered a little more empathy to Canadians suffering the effects of the recession, particularly given that he was speaking in shouting distance of a Chrysler plant.

It's also true that the rah-rah boosterism rings a little hollow. (Yes, Canada is in good shape relative to everyone else, but that doesn't mean we're in good shape relative to our own expectations and our own standards.)

And when you read through his itemized list of what the government is doing, it doesn't exactly fill you with confidence that the scattershot measures it's taking really constitute seeing the crisis as an opportunity, as he insists.

Still, being too positive has been the least of our problems of late, as government and opposition have outdone each other in their efforts to warn of the apocalypse. Those of us who've been complaining for months that politicians are recklessly driving consumer confidence down even further than it should be can hardly complain when the PM dares to deliver a message that we will indeed come out of this.

In recent weeks, Harper has appeared more interested in gaining the confidence of an international audience than a domestic one. The gambit may have worked; I suspect his bump in the polls (outside Quebec) has less to do with having met Barack Obama than having appeared, that day alongside the President and in various U.S. media hits, like something of a statesman. But at some point, you have to actually sell your economic plan - such as it is - to your own country.

If the effect of a stimulus package is supposed to be at least partly psychological, it doesn't do much good to follow it up with excessive doom and gloom. His economic plan is infinitely less ambitious than Barack Obama's, but there's no good reason for him to be infinitely less aggressive in selling it - which, considering this was his first major public speech since the budget was delivered six weeks ago, he certainly hasn't been.

There's aggression, though, and then there's antagonism. For 90 per cent of today's speech, Harper managed to stick to the former. Then, out of nowhere, he proceeded to announce that he's "been very frustrated with the opposition since the election," took a trip down memory lane to attack the coalition and encouraged his audience to tell the dastardly Liberals that it's time to "stop the political games."

This was possibly the sincerest part of Harper's speech; he absolutely loves this stuff. But it also undermined everything else he was trying to accomplish.

Set aside that his attacks weren't all that grounded in reality (without the coalition, this vaunted economic plan would not have been produced), since every leader takes liberties in bashing his or her opponents. The real problem here is that when these broadsides land like a lead balloon at the end of his text, they serve to cast the entire thing in a different light.

Suddenly, it's no longer about rallying Canadians around a common purpose; it's about positioning himself against his opponents, about scoring points that nobody should be tallying right now.

Of course, every political speech serves that purpose, at least to an extent. But there's a healthy appetite right now for efforts, however superficial, at setting aside partisanship in favour of collectively addressing enormous challenges. Even if we know deep down that politicians - yes, even this one - are partisan animals, the least we expect is that they nod to the severity of the current situation by at least paying lip service to the notion that their party's prospects aren't the most important thing in the country right now.

What's baffling is why Harper felt the need to include the opposition stuff at the end. That message can be just as effectively delivered by, say, Jim Flaherty, and it's highly unlikely anyone who's not a card-carrying Conservative came away from that speech in Brampton today seething at the Liberals' unwillingness to hop on board with the government's amazing plan. Probably, they just came away - at least from that part of the speech - wishing a plague on the houses of all our parties, since even now they can't stop behaving like children.

Clearly, there's still nobody around the Prime Minister who's both willing and able to curb his partisan instincts. As today's speech showed, he's poorer for it.

11 March 2009

Canada


The Butcher, Baker and Candlestick Maker

by Myles Higgins

As originally posted on: Web Talk - Newfoundland and Labrador
March 9, 2009


Much has been made of Senator George Baker’s recent comments identifying a growing discontent in Newfoundland and Labrador and the potential for a new “bloc” style federal party to emerge in the province.

The federalists, most notably the Harper Conservatives, jumped on his comment as a promotion of separation. I believe they even came perilously close to calling the Senator a “traitor”.

Never mind that Mr. Baker spoke of a party that would defend Newfoundland and Labrador’s interests in Ottawa and never said anything about separation. Why would he in the federal context? After all only a provincial party, not a federal one, can make such a move. This is why the Bloc Quebecois never held a referendum on separation, the provincial party in Quebec has done so in the past, but not the federal one. It can’t

In this case, once again, political expediency and the automatic attack instincts of the PMO took over and when that happens everyone knows that reality takes a back seat.

A week after Senator Baker’s comment perhaps it’s time to take a step back, put aside the rhetoric and political hyperbole for a moment, look at the facts behind his belief that there is growing unrest in his home province and what the situation may lead to.

Most Newfoundlanders and Labradorians don’t need to be reminded of the long list of reasons for their discontent but for the benefit of Canadians living outside the province here is a short and by no means complete, list of grievances.

1 - Questions still linger, even after 60 years, about whether or not the referendum that led to NL’s confederation with Canada was valid or not.

When Newfoundland and Labrador ceded power to Britain in the 1930’s the people were told they would one day be given back their autonomy as an independent Dominion. This was never done. Many believe it should have been done before the people were called upon to take part in a referendum on becoming part of another Country.

Most people don’t realize it but there were actually two votes held on Confederation.

In the first vote three options were presented on the ballot and Confederation with Canada DID NOT win that vote. As a result a second vote was undertaken the following year that offered only two options. In that vote Confederation won but by the narrowest of margins, just over 50%. A number that would never pass muster today if NL were to hold a referendum to exit Canada.

Also, as a side note, when NL entered Confederation it may not have been in the best fiscal or economic position but it had a financial surplus. Now, 60 years later it struggles under the highest per capita debt in the Country.

2 - In the late 1960’s Newfoundland and Labrador undertook development of the massive Upper Churchill hydro facility. Canada’s constitution guarantees the free flow of goods across provincial territories. In this case however Quebec refused to allow the province to wheel power across their territory and Ottawa refused to enforce their Constitutional duty by making them permit it.

As a result, Newfoundland and Labrador was forced into signing a ridiculous long term contract to sell the power to Quebec. Although NL still owns and runs the Upper Churchill power system it has made just a few million dollars in all the years that followed. Quebec, last year alone, made $2 Billion in revenues from Newfoundland and Labrador’s power and will make this or more every year from now until 2041.

3 - For 500 years visitors and settlers in Newfoundland and Labrador depended on the Atlantic Cod fishery as the mainstay of the economy. When NL joined Canada in 1949 Ottawa assumed control of fisheries management. By 1992 that 500 year old fishery had been mismanaged to the point of total collapse. This resulted in 15 – 20 percent of the province’s population being thrown out of work.

The fishery has still not recovered and is showing no signs of doing so. Foreign trawlers are still plying the spawning areas and Ottawa refuses to enact custodial management actions to protect them.

4 - The massive oil and gas reserves off the coast of Newfoundland and Labrador are not controlled by the province but by Ottawa.

When NL entered Confederation 60 years ago it was standard practice for nations to have a 50 mile limit in the oceans around them (remember, NL was once a separate state), years later Countries around the world began adopting a 200 mile zone.

This means that had Newfoundland and Labrador not entered Canada the people of the province, not Canada, would control those reserves and receive all the benefits from them.

Essentially NL brought those reserves into Canada yet, unlike Alberta or Saskatchewan who control the oil beneath their soil, NL does not control the oil beneath its waters.

For clarification, recent battles related to the Atlantic Accord have nothing to do with equalization. They have everything to do with whether Ottawa or NL receives the most benefit from those oil and gas resources, not all the benefits, just the majority of them.

The Atlantic Accord was an agreement intended to ensure that the people who brought those resources into Canada would benefit the most from them. Recent unilateral moves by the Harper government have ensured that the agreement was watered down the point where it is practically worthless and that the benefits to Newfoundland and Labrador are severely limited.

5 - Newfoundland and Labrador, with less than 2% of Canada’s population has consistently provided about 10% of Canada’s military forces yet even with it’s strategically important geographical location (covering most of the nation’s Atlantic Coast) there is no appreciable military presence (or related jobs) in the Province.

As previously noted, the preceding list is by no means complete but it serves to show that although Newfoundlanders and Labradorians are often labeled as “whiners” or “malcontents” in the national media there are valid reasons for discontent to exist and grow.

So, the next question is what can be done about it?

This brings us back to Senator Baker’s comments.

Whether or not specific individuals in the province would or would not support a “bloc” style party just about everyone knows the situation as it currently exists. That situation is as follows:

Newfoundland and Labrador has no voice in Ottawa and nowhere to turn when serious concerns, like those identified above, come to pass. Under the status quo the province is essentially impotent.

Newfoundland and Labrador has only 7 federal seats out of the 308 in Parliament.

The vast majority of federal seats exist within Ontario, Quebec, Alberta, etc. As a result any federal action must, for purely political reasons, ensure that the voters of the larger provinces are served first, last and always even if that means harming smaller provinces like Newfoundland and Labrador.

Whether it’s a question of wheeling power across another’s provincial jurisdiction, finding more money for vote rich areas, keeping peace with foreign fishing nations so not to upset trade deals that benefit central Canadian auto, textile, aerospace or candlestick makers, or any number of other issues, Newfoundland and Labrador has been, and always will be, less important to federal political parties than central Canada.

The senate, which has problems on so many fronts it would take volume of books to recite, is neither equal nor effective. If it were then each province would have an equal number of senators and the senate would have the ability to do more than rubber stamp legislation. They do not.

The senate, as it was intended, is supposed to be the chamber of “sober second thought”.

Thanks to their long term appointments (remaining in office until the age of 75) senators are supposed to be immune from having to concern themselves with how their decisions might impact on their personal or party political futures. After all, if you don’t have to run for election you don’t need to pander to popular positions and are free to ensure that things are done fairly.

That may work in theory but unfortunately it’s not the case in practice.

It’s common practice, and considered quite acceptable in political circles, for elected party leaders to pressure and control the actions of senators who are members of their party. How often have you heard Stephen Harper, Michael Ignatief and others say something like, “He can’t even control his Senators”.

How independent and immune to political games can the senate really be if comments like those are considered appropriate?

With all of this in mind one can easily see why discontent is growing every day in Newfoundland and Labrador and why Senator Baker (though it took some guts to do it) said what he did.

The facts are clear. With all the problems the province has experienced, and continues to experience in Canada, the people of Newfoundland and Labrador have four options in front of them and only one that has any potential to provide some relief.

They can either:

Stay in Canada and sit quietly by as abuse after abuse is heaped upon them with no hope things will ever change. This is not an option anyone should be faced with or should even consider accepting in a democracy.

Or

Stay in Canada and desperately try to change the federal system, knowing full well that there is no political will in Ottawa to do so because the system works pretty well for highly populated and vote rich areas that politicians need to win elections. In other words Newfoundlanders are faced with another option that offers no hope of improving the situation.

Or

Determine, through an independent feasibility study, if separation really is a truly viable and reasonable alternative. Since a study would require provincial government approval, perhaps even assistance in gathering information from Ottawa and would likely take quite some time to conduct if it were ever undertaken, this options does nothing to help in the short term if ever.

Or there is the option put forward by Senator Baker.

Support a “bloc” style party that can voice Newfoundland and Labrador’s concerns in Parliament without concern for the political interests of MPs from other provinces. Those “bloc” style MPs would hold 7 votes that might be important enough during a string of minority Parliaments that old fashioned horse trading could very well serve to see at least some of the province’s concerns addressed going forward.

It’s really the only option that has any merit.

Since he made his now infamous comments Senator Baker has been butchered in the mainstream media across Canada and ridiculed as a dottering fool.

I wonder who the fools really are?

10 March 2009

"The Left Fascists"


Left Fascism is Just as Bad as Right Fascism

by Jeff Langr

As originally posted on: Strike the Root Blog
February 6, 2009


I was at the gym, walking to warm up for running on the treadmill. The television was tuned to Fox (and I can hear all the shrill screams from readers), and it would have been clear to anyone that I was paying attention, as my treadmill was immediately in front of the screen. An older woman, perhaps 55, walked up to the treadmill to my left, looked at the screen, walked back to the towel ledge, grabbed a remote, walked back, and changed the channel before I knew what was happening. Not to her daily soaps, but to one of the other politically-biased news outlets (it might have been MSNBC).

Weird. This woman was obviously a Fox-hater. It doesn’t really matter to me which broadcast outlet I get my lies from, but I said to her anyway, “You don’t think that’s rude?” She had her headphones on and just gave me a strange look. I didn’t feel like causing a scene, so I moved treadmills to another TV and watched Martha Stewart (apparently there is a dearth of watchable stuff on TV nowadays).

The left fascists look to control you in different ways from the right fascists, most notably by suppression of belief systems they don’t like. They love the idea of larger government, because it grants them a larger sphere that they can influence.

Don’t like religion? Great, all we have to do is claim something to be under control of the government, and then the religious nuts can’t speak freely. Don’t like conservative radio? Great, let’s re-institute the ignominiously named “Fairness Doctrine” to try and force your viewpoints. (I wonder, will the Fairness Doctrine apply to the heavily left narrowcasting of NPR?) Or great, let’s institute “hate speech” laws and collegiate speech codes. Don’t like groups of people lobbying the government? Great, let’s push the right fascists and left fascists to get together to establish “campaign finance reform.” So much for the first amendment.

The [censored] who changed the channel without asking is representative of what we are in for under the thumb of left socialists. Don’t like what other people say or want to hear? Use force to shut them up or to shut off their source of information.

09 March 2009

Canadian Prime Minister Stephen Harper


Saskatchewan easily mistaken for Kandahar

by Richard J. Brennan

As originally posted on: TheStar.com
March 7, 2009


OTTAWA – Saskatchewan residents may have been surprised yesterday to hear Prime Minister Stephen Harper muse publicly about what it would take to defeat the province.

The Prime Minister appeared to be on a war footing while at a press conference to announce a highway project in Nova Scotia.

"We have to define what victory means in Saskatchewan," said Harper, when he was asked about Canada's role in Afghanistan.

He quickly retreated from the slip of the tongue.

"I don't know why I said that. I have no idea," Harper said.

Everyone at the press conference had a good chuckle, including the Prime Minister.

But even so, Saskatchewan residents might well be advised to barricade the grain elevators just in case he wasn't kidding. At least they will have the advantage of seeing the invaders coming for days.

08 March 2009

The Republic of Sudan


UN to see if Sudan's aid group ban is war crime

by Frank Jordans

THE ASSOCIATED PRESS
March 7, 2009


GENEVA (AP) — The U.N. human rights office will examine whether Sudan's decision to expel aid groups constitutes a breach of basic human rights and possibly a war crime, a spokesman said Friday.

Rupert Colville said the Sudanese decision to expel relief workers from 13 of the largest aid groups constitutes a "grievous dereliction" of duty, putting the lives of thousands at risk.

The World Food Program says some 1.1 million of the 2-3 million people it feeds each month are dependent on deliveries from the groups that have been expelled.

Sudan ordered the organizations out after the International Criminal Court issued an arrest warrant for President Omar al-Bashir for war crimes and crimes against humanity in the Darfur conflict. It has accused the groups such as CARE and Save the Children of cooperating with the court and giving false testimony. The groups deny the accusations.

"To knowingly and deliberately deprive such a huge group of civilians of means to survive is a deplorable act," said Colville, who speaks for U.N. human rights chief Navi Pillay. "Humanitarian assistance has nothing to do with the ICC proceedings. To punish civilians because of a decision by the ICC is a grievous dereliction of the government's duty to protect its own people."

"This decision by the government could threaten the lives of thousands of civilians," living in camps in Darfur and elsewhere, he added.

A senior foreign ministry official in Khartoum, Mutrif Siddique, said the Sudanese humanitarian affairs ministry, which is responsible for the work of aid agencies, is aware the expulsion of these organizations will have an impact on people in Sudan.

"This ministry and authorities have made arrangements to avoid a food shortage or a medical crisis," he said. "There will be a partial effect and they (authorities) will work to avoid any shortage.'

Siddique claimed that major U.N. aid agencies were not affected by this expulsion decision and stressed that "hundreds of Sudanese NGO workers remain and work in Darfur."

The World Food Program questioned whether the remaining aid groups would be able to fill the gap.

"We simply don't have the capacity to carry out the life saving work of the NGOs," said the agency's spokeswoman in Geneva, Emilia Casella.

Under the Geneva Conventions it is illegal to intentionally starve people to death by blocking their access to food. The rule applies to international conflicts, but efforts have been made to incorporate it in customary international humanitarian law, which would carry weight in courts.

Other U.N. agencies also expressed concern about the consequences of losing their aid partners. The World Health Organization said it would tear a hole in the body's disease monitoring efforts that could lead to outbreaks of infectious diseases going unchecked.

"If they are not helping us do this very vital work, we may see the emergence of infectious diseases," said WHO spokeswoman Fadela Chaib.

There is currently an outbreak of meningitis in Nyala, the capital of South Darfur, she said. One of the groups, Medecins Sans Frontieres-Holland, was carrying out meningitis vaccinations in the area before it was expelled.

On Thursday, U.N. Secretary-General Ban Ki-moon said Sudan's decision will cause "irrevocable damage" to humanitarian operations in Darfur and called on the government to urgently reconsider its decision.

At least 2.7 million people in the large, arid region of western Sudan have been driven from their homes in the war between Darfur rebels and the government since 2003. Ban said 4.7 million people in Darfur are receiving aid.

Sudan's foreign ministry official indicated that Khartoum might try to stem mounting tensions over the expulsion order by seeking a compromise with the aid groups.

Asked if there is a chance Sudan will reconsider the expulsion, Siddique said that "there is no such thinking" but that "alternatives remain open."

On the question of whether the expulsion could constitute a war crime, his answer was defensive.

"Their campaign against us continues," he said, without elaborating who "they" are but apparently referring to the ICC and anyone accusing Sudan of wrongdoing in Darfur.

"They are ignoring that the Sudanese government has diverted some of its oil revenues to provide for Darfur," Siddique said.

The U.N. has identified the NGOs expelled as Oxfam GB, CARE International, MSF-Holland, MSF-France, Mercy Corps, Save the Children Fund-UK, Save the Children Fund-US, the Norwegian Refugee Council, the International Rescue Committee, Action Contre La Faim, Solidarites, CHF International and PADCO.

Sudan's expulsion order removes 40 percent of the aid workers in Darfur, roughly 6,500 national and international staff, said Catherine Bragg, the U.N.'s deputy emergency relief coordinator. She said at U.N. headquarters that 76 NGOs had been operating in Darfur along with all major U.N. agencies.

The U.N. humanitarian coordination office says the global body will have a hard time making up for the loss of its aid partners.

Christophe Fournier, president of Medecins Sans Frontieres' umbrella group, MSF International, said there was "absolutely no way" the remaining aid workers would be able to meet the needs of the population in Darfur.

AP writers Edith M. Lederer at the United Nations, Eliane Engeler in Geneva and Sarah El Deeb in Khartoum contributed to this report.

07 March 2009

The Kingdom of Morocco


Blogger faces criminal defamation charges in Morocco

As originally posted: Committee to Protect Journalists
March 5, 2009


New York, March 5, 2009 - The Committee to Protect Journalists calls for the immediate release of a Moroccan blogger who is being held on charges of defaming a prosecutor in the northern part of the country.

Hassan Barhon, 39, a blogger who is frequently involved in online campaigns against corruption, was detained and sent to jail in the city of Tetouan on February 25. He is also a founding member of a national association for electronic journalism in Morocco.

Barhon regularly posts hundreds of photos and video reports on his blog and on popular photo and video hosting sites that chronicle alleged corruption and collusion with criminals by local and city government officials. Barhon's detention is related to a petition he circulated that called Mohamed Masmouki, prosecutor-general for the king of Morocco at Tetouan's court of appeals, a "dangerous criminal," his lawyer, Habib Hajji, told CPJ. Scores of citizens, journalists, and rights activists signed the petition, which accused Masmouki of undermining "people's sacred beliefs and the state institutions" and called for the need to put him on a "popular trial," a group called the Moroccan Association of Bloggers said in a press release.

Most lawyers in Tetouan refused to defend Barhon because of his critical and often controversial articles and views. Local lawyers were among his targets, journalists and rights activists told CPJ.

Barhon was charged under Article 263 of the penal code with defaming a "member of the judicial body." He is due to appear before a misdemeanor court in Tetouan on Friday. The punishment for this charge is up to five years in prison, said Hajji.

"The Moroccan authorities must stop criminalizing freedom of expression and punishing critical bloggers and journalists," said Mohamed Abdel Dayem, CPJ's Middle ‎East and North Africa program coordinator.‎ "Morocco cannot pursue criminal proceedings for defamation, which is a civil matter, while at the same time claiming that the country continues to make progress in the field of press freedom."

Press freedom has been declining in Morocco in recent years, according to CPJ research. In September, a court in Agadir, in the southwestern part of the country, sentenced blogger Mohamed Erraji, following a closed trial that lasted barely 10 minutes, to two years imprisonment and a fine of 5,000 dirhams (US$626) for "failing to respect the king." Local and international outcries, including a CPJ letter to King Mohamed VI, led to Erraji's quick release.

Canadian Federal Fisheries Department Director General for International Policy and Integration Lorraine Ridgeway (a/k/a Lori Ridgeway)


Fisheries official to justify expenses

More than $400,000 spent over three years

by Peter Zimonjic

As originally posted on: The Whig Standard
March 4, 2009


A senior government official who racked up more than $400,000 in travel expenses over three years will have to appear before a House of Commons committee to explain her jet-set lifestyle.

Lorraine (Lori) Ridgeway, director general for international policy and integration for the federal Department on Fisheries and Oceans, came to the attention of MPs after a Sun Media report into her expenses.

Yesterday, NDP fisheries critic Peter Stoffer's motion to have Ridgeway appear before the Standing Committee of Fisheries and Oceans passed unanimously after only a few minutes of debate.

"What we would like is for her to appear before committee, along with the deputy minister, to explain her expenditures and what benefit Canadian taxpayers got for that expenditure," said Stoffer.

Between 2005 and 2008 Ridgeway took 51 trips, sometimes staying away from her Ottawa base for more than a month at a time. Over that time, she spent $195,411 on flights, $106,490 on hotels and $36,444 on meals. Incidental costs, such as taxis and dry cleaning, drove the total tab over the $400,000 mark.

Some of the destinations were to places as far-flung as Bali, Indonesia, Phuket, Thailand or Australia's Gold Coast. While abroad she checked into luxury hotels and seaside resorts such as the five-star seaside Hyatt Regency Sanctuary Cove resort in Australia and the five-star beachfront Patra Bali Resort and Villas.

While in Singapore in November 2007, she stayed at the Shangri-La, which, according to its website, is "consistently ranked as one of the top luxury hotels in Asia."

Ridgeway explained that she negotiates on Canada's behalf at the international level and is required to travel extensively to promote and advance Canada's position on fisheries and oceans.

Stoffer says he will be asking Ridgeway to supply reports or evidence of "concrete" results that Canada actually benefited from the travel expenses.

06 March 2009

Québec Lawyer Louis Pasquin


Montreal lawyer guilty of drug trafficking, gangsterism

CANWEST NEWS SERVICE
March 6, 2009


MONTREAL - A Montreal lawyer has been convicted of gangsterism after being found guilty of acting as a middleman between a major Montreal-area drug dealer and a pilot who allegedly flew kilograms of cocaine into the city on a regular basis.

Louis Pasquin, 49, underwent a trial last year on five charges. Friday morning at the Montreal courthouse he was found guilty on four of the five charges, including one of committing a crime for the benefit of a criminal organization.

Quebec Court Judge Carol St. Cyr also found him guilty of conspiracy to traffic in a banned substance and two counts of drug possession with intent to traffic. Two other men who underwent a trial with Pasquin were found guilty of similar charges as well.

St. Cyr had been deliberating on the charges for months.

The guilty verdict on the gangsterism charge is believed to be a first in Canada.

Pasquin was arrested three years ago along with nearly two-dozen people investigated in Project Piranha, a Surete du Quebec investigation.

The drug probe centred on Louis Alain Dauphin, 56, a man reputed to have controlled drug trafficking in the lower Laurentians for years until his arrest. Pasquin became part of the investigation after investigators noticed Dauphin and Michael Russell, a pilot, held meetings at the lawyer's home in Lachanaie whenever Russell would arrive in Montreal, allegedly with a shipment of drugs for Dauphin.

Dauphin is serving the equivalent of a nine-year prison term after pleading guilty to charges filed against him in Project Piranha. Most of the other people arrested in Piranha have since pleaded guilty as well and received sentences ranging between nine months and four years.

Pasquin, a member of the Quebec bar since 1987, chose to be tried alone.

Russell, a 63-year-old Toronto resident, is scheduled to have a trial, before a judge alone, later this month.

Montreal Gazette

05 March 2009

American Musical Performer Chris Brown


Chris Brown charged with assault on Rihanna

by Dan Whitcomb

REUTERS
March 5, 2009


LOS ANGELES (Reuters) - Singer Chris Brown was charged on Thursday with felony assault and making criminal threats in what prosecutors say was a Grammy-eve attack on his girlfriend, the pop star Rihanna.

Brown, 19, will appear in court for an arraignment on Thursday afternoon and could face up to four years in prison if convicted, the Los Angeles District Attorney's Office said.

Prosecutors said Brown attacked Rihanna, 21, late on the night before the February 8 Grammy Awards in Los Angeles.

Both singers pulled out of scheduled performances at the televised awards show, and a photo of Rihanna's bruised and battered face was leaked onto the Internet.

Barbados-born Rihanna, whose full name is Robyn Rihanna Fenty, is identified in the complaint only as "Robyn F." She had not previously been identified by police as the victim.

The formal charges accuse Brown of assaulting Rihanna "by means of force likely to produce great bodily injury" and threatening to commit a crime "which would result in death and great bodily injury."

Local FOX-11 news in Los Angeles, citing a search warrant affidavit filed by police detectives, reported that the couple argued in a car after Rihanna read a lengthy text message from another woman on Brown's phone.

"I'M GOING TO KILL YOU"

According to the documents, Brown tried to push Rihanna from his rented Lamborghini but couldn't because she was wearing a seatbelt.

Brown then shoved Rihanna's head against the passenger window and repeatedly punched her in the face, spattering blood in the car and on her clothing and filling her mouth with blood, FOX said.

During the beating, Rihanna left a message for an assistant to have police waiting for the couple at home, FOX reported, prompting Brown to tell her: "You just did the stupidest thing ever. I'm going to kill you."

According to the documents obtained by FOX, Brown then continued to punch Rihanna, bit her ear and finger and put her into a headlock until she nearly lost consciousness.

The charges were filed a week after Brown and Rihanna, who dated for about a year, were reported by celebrity magazines to have reconciled.

Brown broke onto the Billboard charts in 2005 at the age of 16 with his single "Run It!" and sold 2 million copies of his self-titled debut album.

Rihanna also released her debut album in 2005 and had a number one hit single with "S.O.S" less than a year later. She followed with three more number ones: "Umbrella," "Take a Bow" and "Disturbia."

She won a 2007 Grammy Award for her single "Umbrella," a collaboration with the rapper Jay-Z.

(Editing by Xavier Briand)

Canada


Liberal Senator Promotes Concept of NL Bloc Party

by Myles Higgins

As originally posted on: Web Talk - Newfoundland and Labrador
March 4, 2009


When Newfoundland and Labrador Liberal Senator, George Baker, phoned into one of VOCM radio's call in talk shows earlier this week he stirred up a fire storm in Ottawa and raised the spirits of many nationalists in his home province.

Senator Baker told the show's host that Newfoundlanders may resort to separatism because of their treatment by the federal government. He also said that he believed his province might be better served by supporting a party similar to the Bloc Quebecois to defend its interests at the federal level.

"People will soon be advocating, you know, that we can't remain in the Confederation in which we're discriminated against and not respected," Baker said.

"How much are we going to put up with? You know, this should be reason enough to, to have a Bloc Newfoundland and Labrador running in the next election if this keeps up - and a real campaign to get them all elected."

The list of problems that have confronted Newfoundland and Labrador since entering Confederation is a long one. It includes Ottawa's continued mismanagement of a 500 year old fishery, being denied control of offshore resources the province brought into the Country in 1949, Ottawa's refusal to enforce the Constitution with regard to the Upper Churchill hydro development project in the late 1960's, the unilateral clawing back of offshore resource revenues and much much more.

It's these issues, and Ottawa's refusal to even awknowledge them, to which Mr. Baker was referring.

As a result of his comments the government of Canada did nothing to address the underlying problems but has instead demanded the Liberal party expel him from their caucus.

Outside the weekly Conservative caucus meeting, the Prime Minister's Office was distributing transcripts of the remarks and demanding Mr. Baker's ouster.

Sen. Mike Duffy is reported to have told reporters there won't be much left of Canada if people keep talking like Baker.

"There's no place for someone who holds those views in a party that purports to be in favour of national unity," said Kory Teneycke, a spokesman for Prime Minister Stephen Harper.

"You can't advocate for the creation of a Bloc Newfoundland, modelled after the separatist Bloc Quebecois, and sit in our caucus. So I don't think that should be the case in the Liberal caucus, either.

"These comments are beyond the pale, and he should be removed from their caucus."

Baker said his province contributes far more to the rest of Canada in per-capita exports than other provinces, and doesn't get the respect it deserves.

During his radio appearance Mr. Baker was asked by the host if a Newfoundland block could be effective in getting a better fiscal arrangement within Canada.

"Well, let me ask you the question: What about the Bloc Quebecois? Have they been effective? Of course they've been effective. . . . And just imagine the clout that we could present to the Government of Canada. The Government of Canada wouldn't dare to put into their budget a measure that's in there right now, stealing $1.7 billion from the people of Newfoundland and Labrador." Baker responded.

Here, here Mr. Baker!

04 March 2009

Sudanese President Omar al-Bashir


Sudanese president Bashir charged with Darfur war crimes

International criminal court issues warrant alleging war crimes and crimes against humanity

by Xan Rice

As originally posted: guardian.co.uk
March 4, 2009


The Sudanese president, Omar al-Bashir, has been charged with war crimes over the conflict in Darfur, becoming the first sitting head of state issued with an arrest warrant by the international criminal court (ICC).

The court, based in The Hague, upheld the request of the chief prosecutor, Luis Moreno-Ocampo, to charge Bashir with war crimes and crimes against humanity. More than 200,000 people have died since 2003 in the country's western Darfur region.

Judges dismissed the prosecution's most contentious charge of genocide. Prosecutors had alleged Bashir tried to wipe out three non-Arab ethnic groups.

Within minutes of the announcement, hundreds of protesters took to the streets in Khartoum, the Sudanese capital.

Mustafa Osman Ismail, an aide to Bashir, described the decision as "neo-colonialism ... They do not want Sudan to become stable."

The ICC spokeswoman, Laurence Blairon, said the indictment, drawn up by three judges, included five counts of crimes against humanity: murder, extermination, forcible transfer, torture and rape. The two counts of war crimes were for directing attacks on the civilian population and pillaging.

Blairon said Bashir was criminally responsible as the head of state and commander of the Sudanese armed forces for the offences during a five-year counter-insurgency campaign against three armed groups in Darfur.

She said all states would be asked to execute the arrest warrant and if Sudan failed to cooperate the matter would be referred to the UN security council.

Human rights groups hailed the ICC decision to pursue Bashir, who is accused of ordering mass murder, rape and torture in Darfur.

"This sends a strong signal that the international community no longer tolerates impunity for grave violations of human rights committed by people in positions of power," said Tawanda Hondora, the deputy director of Amnesty International's Africa programme.

Sudan does not recognise the ICC, and Bashir yesterday said the court could "eat" the arrest warrant, which he described as a western plot to hinder Sudan's development.

Despite his defiance, the court's decision will raise immediate questions over his political future and he will find it difficult to travel abroad without the risk of arrest.

The case is by far the biggest and most controversial that the ICC, which started work as a permanent court in 2002, has taken on.

Bashir, who is 65 and has held power for 20 years, joins the likes of the former Liberian president Charles Taylor and the late Yugoslavian leader Slobodan Milosevic, who were indicted by special international tribunals while still in office.

Both were subsequently forced from power and put on trial in The Hague.

Few independent observers doubt Bashir's large share of responsibility for the humanitarian catastrophe in Darfur.

After the uprising in February 2003 by mainly non-Arab rebels, who complained of marginalisation and neglect, his government armed, trained and financed bands of Arab nomads to attack villages across Darfur, killing, raping and looting as they went. The army provided air and ground support.

Moreno-Ocampo says the strategy caused 35,000 violent deaths, and alleges that Bashir wanted to eliminate the Fur, Marsalit and Zaghawa ethnic groups, whom he deemed supportive of the rebels.

"More than 30 witnesses will [testify] how he [Bashir] managed to control everything, and we have strong evidence of his intention," Moreno-Ocampo said yesterday.

But some Sudan experts were not convinced by the genocide charge, which is normally extremely difficult to prove. Equally contentious was the decision to pursue Bashir while he still heads an unpredictable regime in an unstable country.

The US, UK and France were in favour of the arrest warrant, and hope it may push Sudan's government towards reforms and ending the six-year conflict.

But Arab states and the African Union had pressed for a postponement of the charges to allow Bashir a final chance to end the Darfur conflict while not under duress.

Under the ICC statute, the United Nations can still pass a resolution to defer the prosecution for 12 months, but this seems unlikely given the stance of leading western powers.

Street protests against the ICC decision are expected in Khartoum, but the government has insisted there will be no impact on national policies.

Some observers fear, however, that Bashir will crack down on opposition groups in the coming months if he feels his power is at stake, and that the 2005 peace deal to end the civil war in the south could also be in peril.

The UN, aid agencies and western embassies have made emergency plans in case of violence against foreigners.

"The Unified Political Class of Both Regions" of the State of New York


Time to Partition New York

by James Ostrowski

As originally posted on: Political Class Dismissed
December 6, 2008


It’s time to start the move toward two New Yorks.

Upstate is a colony of Downstate. All of Upstate (except tax-subsidized Albany) is economically depressed because we are stuck in this peoples’ republic created by the New York City liberals. NYC’s status as a global capital allows it to thrive even with high government costs. Upstate has no such advantage.

It’s all real simple, no heavy lifting here.

The fact that this is not politically feasible right now should deter no one. If history teaches anything, it is this. What is impossible today is inevitable tomorrow.

And such a movement has its uses even now. It will raise the collective consciousness of Upstate as an exploited colony and harden our opposition to the commies from NYC such as Schumer and Silver.

We can also begin to identify and out Upstate’s traitors, the local politicians who do the bidding of their Downstate masters for the crumbs left at the table. We know who you are!

I say split it off just above Rockland/Westchester. But let each county and even each town or block make their own call.

I like simple names that describe the thing. How about Free Upstate! It can be a loose coalition of various groups.

And remember this. The people of Downstate are not our enemy. They will benefit from this move also. The enemy is the unified political class of both regions, who benefit from this regime at our expense.

After partition, you Downstaters who, packed in like sardines and fearful of your fellow man, and preferring a relationship to the government over relations with family, neighbors and community, want to create a totalitarian regime where all aspects of life are controlled by the state, will be free to do so. (Ha, ha! All in good fun.)

03 March 2009

"The CPAC Extremists"


The Limbaughization Of The Republican Party - The Increasing Ugliness of CPAC

by Howie Klein

As originally posted on: DownWithTyranny!
February 28, 2009


No one wouldn't expect the ideological extreme malcontents at the Republican CPAC in Washington to fit right in with Rush Limbaugh and his prayers for President Obama's failure. Nor should it surprise anyone that fanatic fringe wingnuts like former House Majority Leader Tom DeLay and defeated former Pennsylvania Senator Rick Santorum espouse the same "I hate Americans" kind of attitude. But this leaves us to wonder about the so-called mainstream Republican officials who are participating in this extremist gathering. What about Mitt Romney, John Cornyn, Joe Scarborough and Chris Smith? They were all speakers. Do they embrace the dangerous fringe ideas being espoused on every stage and in every conference room?

Limbaugh says "We all agree I'm not an idiot." We do? Count me out of that "we." And what about the millions of people who read and loved that best selling book by now-Senator Al Franken? Limbaugh blathers on, with what is at least partially true - certainly true of the treasonous crowd of rats at CPAC: "The dirty little secret... is that every Republican in this country wants Obama to fail, but none of them have the guts to say so." That's ugly - but is it true? Well, some Republicans - maybe not many Inside-the-Beltway - do put country first and party second. They don't want the president to fail.

Some people see the huge problems facing this country - almost entirely brought on by an ignorant, shallow and venal president and a shamelessly rubber stamp Republican Congress following wrong-headed right-wing dogma - and would like our president to lead us out of the quagmire. Others, like Limbaugh and the CPAC crowd, see it as an opportunity to espouse the partisan extremism that has marginalized the Republican Party. We heard very conservative South Carolina Governor Mark Sanford denounce Limbaugh for... for what? The sentiment he expressed? Or for expressing it out loud for all the world to hear? Limbaugh thinks Sanford wants Obama to fail too but that he's just too much of a coward to say it out loud.

What about mainstream conservatives who are trying to not be identified with the CPAC extremists? Sure the fringe loons like CPAC favorites Ann Coulter, Jim DeMint (R-SC), Bill Bennett, John Bolton, Mike Pence (R-IN), Michele Bachmann (R-MN), Bob Corker (R-TN), Roy Blunt (R-MO), John Shadegg (R-AZ) and Tim Pawlenty (R-MN) behave like trained seals and will say anything - no matter how treasonous - to get applause from the extremists but what about John McCain? What about Lamar Alexander? What about Lisa Murkowski, Richard Lugar, John Thune, Kay Bailey Hutchison? And how about the few relatively mainstream House members left in the GOP caucus, folks like Frank LoBiondo (NJ), Jim Gerlach (PA), Mike Castle (DE), Tim Johnson (IL), Mark Kirk (IL), Vernon Ehlers (MI), Rodney Frelinghuysen (NJ), Judy Biggert (IL)... These are supposed to be adults who claim to put country first. Are they on Limbaugh's and the radicals' side or are they still for America?

No one wouldn't expect the ideological extreme malcontents at the Republican CPAC in Washington to fit right in with Rush Limbaugh and his prayers for President Obama's failure. Nor should it surprise anyone that fanatic fringe wingnuts like former House Majority Leader Tom DeLay and defeated former Pennsylvania Senator Rick Santorum espouse the same "I hate Americans" kind of attitude. But this leaves us to wonder about the so-called mainstream Republican officials who are participating in this extremist gathering. What about Mitt Romney, John Cornyn, Joe Scarborough and Chris Smith? They were all speakers. Do they embrace the dangerous fringe ideas being espoused on every stage and in every conference room?

Limbaugh says "We all agree I'm not an idiot." We do? Count me out of that "we." And what about the millions of people who read and loved that best selling book by now-Senator Al Franken? Limbaugh blathers on, with what is at least partially true - certainly true of the treasonous crowd of rats at CPAC: "The dirty little secret... is that every Republican in this country wants Obama to fail, but none of them have the guts to say so." That's ugly - but is it true? Well, some Republicans - maybe not many Inside-the-Beltway - do put country first and party second. They don't want the president to fail.

Some people see the huge problems facing this country - almost entirely brought on by an ignorant, shallow and venal president and a shamelessly rubber stamp Republican Congress following wrong-headed right-wing dogma - and would like our president to lead us out of the quagmire. Others, like Limbaugh and the CPAC crowd, see it as an opportunity to espouse the partisan extremism that has marginalized the Republican Party. We heard very conservative South Carolina Governor Mark Sanford denounce Limbaugh for... for what? The sentiment he expressed? Or for expressing it out loud for all the world to hear? Limbaugh thinks Sanford wants Obama to fail too but that he's just too much of a coward to say it out loud.

What about mainstream conservatives who are trying to not be identified with the CPAC extremists? Sure the fringe loons like CPAC favorites Ann Coulter, Jim DeMint (R-SC), Bill Bennett, John Bolton, Mike Pence (R-IN), Michele Bachmann (R-MN), Bob Corker (R-TN), Roy Blunt (R-MO), John Shadegg (R-AZ) and Tim Pawlenty (R-MN) behave like trained seals and will say anything - no matter how treasonous - to get applause from the extremists but what about John McCain? What about Lamar Alexander? What about Lisa Murkowski, Richard Lugar, John Thune, Kay Bailey Hutchison? And how about the few relatively mainstream House members left in the GOP caucus, folks like Frank LoBiondo (NJ), Jim Gerlach (PA), Mike Castle (DE), Tim Johnson (IL), Mark Kirk (IL), Vernon Ehlers (MI), Rodney Frelinghuysen (NJ), Judy Biggert (IL)... These are supposed to be adults who claim to put country first. Are they on Limbaugh's and the radicals' side or are they still for America?

The extremist wingnuts at CPAC voted among Republican politicians looking to take on President Obama in 2012. Mitt Romney got the most votes, 20%. Palin was fourth (13%, basically tied with Ron Paul).

Mitt Romney - 20%
Bobby Jindal - 14%
Ron Paul -13%
Sarah Palin - 13%
Newt Gingrich -10%
Mike Huckabee - 7%
Mark Sanford - 4%
Rudy Guiliani - 3%
Tim Pawlenty - 2%
Charlie Crist - 1%
Undecided - 9%

No votes for Joe the Plumber, Michele Bachmann or Rick Santelli? I want a recount. I wonder if Romney paid the little pimply-faced armchair capitalists to vote for him again this year like he did in 2008.

02 March 2009

"The Corporations and Financial Sectors"


Letter sent today to President Barack Obama

by Peter Stern

As originally posted on: pstern's blog
February 13, 2009


Dear President Obama:

Today you stated that "Americans should perform acts of kindness to help the poor." That's insane.

Let the corporations and financial sectors perform "acts of kindness".

They have taken from us all they can and now so many have nothing. Legislators have permitted it. Legislators know no better because THEY LIVE IN A DIFFERENT WORLD THAN THE REST OF US.

Your stimulus plan has too many absurdities. They don't help the economy and don't help the majority of us who need help.

Peter Stern

01 March 2009

The United States of America (USA)



H-1028.1

HOUSE JOINT MEMORIAL 4009

State of Washington

61st Legislature

2009 Regular Session

By Representatives Shea, Klippert, Condotta, Kretz, Anderson, McCune, and Kristiansen

Read first time 01/30/09. Referred to Committee on State Government & Tribal Affairs.









TO THE HONORABLE BARACK OBAMA, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE PRESIDENT OF THE SENATE AND SPEAKER OF THE HOUSE OF REPRESENTATIVES OF EACH STATE'S LEGISLATURE OF THE UNITED STATES OF AMERICA:

We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:

WHEREAS, The Tenth Amendment to the Constitution of the United States specifically provides that, "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."; and

WHEREAS, The Tenth Amendment defines the total scope of federal power as being those powers specifically granted to it by the Constitution of the United States and no more; and

WHEREAS, Federalism is the constitutional division of powers between the national and state governments and is widely regarded as one of America's most valuable contributions to political science; and

WHEREAS, James Madison, "the father of the Constitution," said, "The powers delegated to the federal government are few and defined. Those which are to remain in the state governments are numerous and indefinite. The former will be exercised principally on external objects, [such] as war, peace, negotiation, and foreign commerce. The powers reserved to the several states will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people."; and

WHEREAS, Thomas Jefferson emphasized that the states are not "subordinate" to the national government, but rather the two are "coordinate departments of one simple and integral whole. The one is the domestic, the other the foreign branch of the same government."; and

WHEREAS, Alexander Hamilton expressed his hope that "the people will always take care to preserve the constitutional equilibrium between the general and the state governments." He believed that "this balance between the national and state governments forms a double security to the people. If one [government] encroaches on their rights, they will find a powerful protection in the other. Indeed, they will both be prevented from overpassing their constitutional limits by [the] certain rivalship which will ever subsist between them."; and

WHEREAS, The scope of power defined by the Tenth Amendment means that the federal government was created by the states specifically to be limited in its powers relative to those of the various states; and

WHEREAS, Today, in 2009, the states are demonstrably treated as agents of the federal government; and

WHEREAS, Many federal mandates are directly in violation of the Tenth Amendment to the Constitution of the United States; and

WHEREAS, The United States Supreme Court has ruled in New York v. United States, 112 S. Ct. 2408 (1992), that Congress may not simply commandeer the legislative and regulatory processes of the states; and

WHEREAS, A number of proposals from previous administrations and some now being considered by the present administration and from Congress may further violate the Constitution of the United States;

NOW, THEREFORE, Your Memorialists respectfully resolve:

(1) That the State of Washington hereby claims sovereignty under the Tenth Amendment to the Constitution of the United States over all powers not otherwise enumerated and granted to the federal government by the Constitution of the United States; and

(2) That this serve as a Notice and Demand to the federal government to maintain the balance of powers where the Constitution of the United States established it and to cease and desist, effective immediately, any and all mandates that are beyond the scope of its constitutionally delegated powers.

BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable Barack Obama, President of the United States, the President of the United States Senate, the Speaker of the House of Representatives, the President of the Senate and the Speaker of the House of Representatives of each state's legislature of the United States of America, and each member of Congress from the State of Washington.

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