konane's Blog

Cousin emailed this.  Gorgeous cat and dog ..... one of those awwwwwww things. 

"Texas City - A huge release of toxic chemicals from BP’s Texas City refinery, lasting for 40 days, occurred just two weeks before the energy giant began making headlines with its Gulf of Mexico catastrophe.

http://www.digitaljournal.com/article/294675

"The case is straightforward. On Election Day 2008, two members of the New Black Panther party (NBPP) dressed in military garb were captured on videotape at a Philadelphia polling place spouting racial epithets and menacing voters. One, Minister King Samir Shabazz, wielded a nightstick. It was a textbook case of voter intimidation and clearly covered under the 1965 Voting Rights Act.

A Department of Justice trial team was assigned to investigate. They gathered affidavits from witnesses—one of the poll watchers was called a “white devil” and a “cracker.” A Panther told him he would be “ruled by the black man.” The trial team, all career Justice attorneys and headed by voting section chief Chris Coates, filed a case against the two Panthers caught on tape. Malik Zulu Shabazz, head of the national NBPP, and the party itself were also named based on evidence the party had planned the deployment of 300 members on Election Day and on statements after the incident in which the NBPP endorsed the intimidation at the Philadelphia polling station.

The trial team quickly obtained a default judgment—meaning it had won the case because the New Black Panther party failed to defend itself. Yet in May 2009, Obama Justice Department lawyers, appointed temporarily to fill top positions in the civil rights division, ordered the case against the NBPP dismissed. An administration that has pledged itself to stepping-up civil rights enforcement dropped the case and, for over a year, has prevented the trial team lawyers from telling their story. 

But on June 4, J. Christian Adams, a veteran lawyer in Justice’s voting section and a key member of the trial team, resigned. His reasons were spelled out in a letter that also noted that the U.S. Commission on Civil Rights, which was investigating the dismissal, had subpoenaed him and Coates, but their superiors, in violation of federal law, had ordered them not to testify. He noted that “the defendants in the New Black Panther lawsuit have become increasingly belligerent in their rhetoric toward the attorneys who brought the case. .  .  . Their grievances toward us generally echo the assertions [by Justice Department officials] that the facts and law did not support the lawsuit against them.” Coates, too, has left the Voting Section, moving to South Carolina to work in the U.S. attorney’s office. Last Friday, the civil rights commission’s general counsel, David Blackwood, announced that he had received an email from Christian Adams’s attorney stating that Adams is now available to provide information to the commission. Commissioner Todd Graziano said they would schedule Adams’s appearance at a public hearing as soon as possible as the commission had been seeking his testimony for many months.

With Adams’s resignation and letter, a clearer picture is finally emerging of what led to the dismissal of the case, the actions of DoJ political appointees, the department’s misrepresentations about the case, and the Obama administration’s approach to civil rights enforcement.

Based on documents obtained by The Weekly Standard and interviews with Justice personnel, we now know far more about the sequence of events surrounding the dismissal. The then-acting assistant attorney general for civil rights, Grace Chung Becker, signed off on the case as the Bush administration was leaving office in January 2009. She confirms that the decision to file the case was an easy one. In response to my questions, she was emphatic that this was a serious case of voter intimidation. The trial team, which also included attorneys Robert Popper and Spencer Fisher, conducted its investigation and on January 8, 2009, filed suit against the NBPP. As the Panthers did not respond to the lawsuit, the department had a slam-dunk victory. 

The trial team was poised to enter a default judgment in late April 2009. An order for a default of judgment was drafted and sent to the voting section management. On the morning of April 29, the acting deputy assistant attorney general for civil rights, Steven Rosenbaum, sent an email to Coates about the case. It was the first indication by any department official that something was amiss. “I have serious doubts about the merits of the motion for entry of a default judgment and the request for injunctive relief,” Rosenbaum, an Obama appointee, wrote. “Most significantly, this case raises serious First Amendment issues, but the papers make no mention of the First Amendment.” Rosenbaum asked Coates a series of questions—whether “the defendants make any statements threatening physical harm to voters or persons aiding voters,” for example, and what was the “factual predicate for enjoining the Party, as opposed to individual defendants”—which indicated that he was not familiar with the case and had not read the detailed memorandum accompanying the draft order. 

The trial team assumed that Rosenbaum was simply confused about the applicable law. The notion that this was a problematic case would have been outlandish. With video evidence, multiple witnesses, and clear case law, it was one the easiest cases on which any of the trial team attorneys—who had more than 75 years of collective experience—had worked.

After sending the response, Coates and Robert Popper met with Rosenbaum and the then acting assistant attorney general for civil rights, Loretta King. People familiar with the discussions describe “two days of shouting.” The trial team now knew that DoJ political appointees were serious about undermining the case by using whatever arguments they could dream up, including First Amendment concerns. The team prepared a detailed memo dated May 6 explaining the factual and legal basis for the case. In 13 pages, the attorneys meticulously analyzed the law and the facts and rebutted any notion that the First Amendment could insulate the Panthers. The memo made clear that Rosenbaum’s and King’s arguments for dismissing the case were spurious. Rosenbaum and King, for example, argued that legal precedent involving protestors at abortion clinics would undermine the case. The trial team pointed out, however, that these cases were either inapplicable or actually supported the issuance of an injunction when there was a significant government interest (such as the protection of voting rights) at stake.

The arguments continued after the May 6 memo was submitted. During one meeting in a conference room on the 5th floor of the Main Justice building, Coates became so exasperated he threw the memo at Rosenbaum who had admitted not reading the trial team’s detailed briefing on the issues. 

Rosenbaum and King sent a request to the appellate section asking their opinion of the case. The appellate attorneys sided with the trial team on May 13. Coates announced this to his team with the words “Good news.” They all agreed it would be unthinkable for their superiors to nix the case. They were wrong. On May 15, Coates received an order to dismiss the case against everyone but the baton-menacing Shabazz. And they were ordered to scale back the injunction against him to cover only the display of a weapon within 100 feet of a Philadelphia polling place until 2012. (No other behavior was enjoined.)

The actions of King and Rosenbaum were unprecedented in the collective experience of the trial team. They were not alone in that assessment. A former associate attorney general for the civil division Greg Katsas testified before the civil rights commission on April 23, 2010, and termed the Panthers’ actions a blatant case of voter intimidation. He said it was a “straightforward and overwhelmingly strong case” and that the Panthers’ conduct was “egregious and intentional.” As for the party itself and its leadership, Katsas said that under “general principles of agency law” they were liable. 

From the onset, Justice has denied that any political appointees were involved in the decision to dismiss the case. This line was repeated in multiple letters to and face-to-face meetings with Republican representatives Frank Wolf and Lamar Smith and in statements to the media. We now know that this is incorrect. In interrogatory answers supplied to the civil rights commission, the department acknowledged that Attorney General Eric Holder was briefed on the decision to dismiss the case and that the number three man in Justice, Associate Attorney General Tom Perrelli, was consulted as well. Katsas testified, “Certainly DoJ’s decision to abandon all claims against the party, Malik Shabazz, and Mr. Jackson [the second polling place intimidator], despite their refusal to even defend the case, would have qualified as important enough for the leadership of the Civil Rights Division to raise with [Perrelli].” The same is true of the decision to seek only a narrow injunction against the billy club-wielding defendant. He notes that the filing of the case may have been routine, but the decision to dismiss it was so extraordinary that someone of Perrelli’s rank must certainly have played an “active role.”

The department is, moreover, trying to characterize King and Rosenbaum, who instructed the trial team to dismiss the case, as “career attorneys with over 60 years of experience.” It is true that they both served in career positions at Justice in the past. But under the Federal Vacancies Reform Act, as soon as someone is appointed to fill a political position—as Rosenbaum and King were early in the Obama administration—they are political appointees. 

Neither King nor Rosenbaum has directly worked on a voting rights case since the mid-1990s and both have received sanctions of hundreds of thousands of dollars by federal court judges for bringing unmeritorious cases and for failing to respond to court orders. In January 2010, a federal court judge in Kansas fined King and Rosenbaum for failing to respond to interrogatories in a housing discrimination case. Former civil rights division attorney Hans von Spakovsky has written: “That particular sanction is also very unusual—I have never seen a sanction order directed at individual lawyers that specifically says their employer is not responsible for paying the costs. .  .  . During the Bush administration, when liberals claim there was politicization going on in the division, I am not aware of a single such sanction.” King and the Justice Department were also ordered to pay $587,000 in attorneys’ fees and fines for bringing an unmeritorious claim during the Clinton administration in Johnson v. Miller. (In that case the court also took DoJ and King to task for allowing the ACLU to unduly affect the litigation decisions of the department.)

The administration’s internal investigation also appears to have been fraudulent. Under ongoing pressure from Representatives Smith and Wolf, an investigation by the Office of Professional Responsibility (OPR) was finally ordered to commence in July 2009. Until a few days before Adams’s resignation, however, none of the trial team had been interviewed by OPR investigators. 

Furthermore the department has been less than candid in congressional testimony. In December 2009, Assistant Attorney General Thomas Perez testified before the House Subcommittee on the Constitution, Civil Rights, and Civil Liberties, and he either did not understand the case fully or chose to disregard the documentation the trial team had put together. Perez said, for example, that Shabazz had received the “maximum penalty.” An experienced voting rights lawyer scoffs at the statement. “The maximum penalty is Leavenworth.” Perez then suggested that the attorneys on the trial team might have violated Federal Rule 11, which prohibits lawyers from bringing frivolous actions. The trial team was angered at the public insinuation that they had been derelict in their professional responsibilities.

While the interference by political appointees in the NBPP case has been egregious, there is a critical issue with implications far beyond this single case: Whether the attorneys who populate the civil rights division of the Justice Department believe that civil rights laws exist only to protect minorities from discrimination and intimidation by whites. In a farewell address to his colleagues before his reassignment to a U.S. attorney’s office, Coates spoke about this widespread sentiment and why it was antithetical to the department’s mission to seek equal enforcement of federal laws.

Former voting rights attorneys confirm that the belief is omnipresent in the Justice Department. DoJ attorneys openly criticized the Panther case, objecting not to any lack of evidence or to the legal arguments but to the notion that any discrimination case should be filed against black defendants. There are instances of attorneys refusing to work on cases against minority defendants. In 2005, for example, Coates pursued, filed, and won a case (upheld on appeal to the Fifth Circuit in 2009) of egregious voter discrimination by black officials in Noxubee County, Mississippi. Colleagues criticized Coates for filing the case and refused to work on it.

Liberal civil rights lawyers argue that because “a history of official discrimination” can be one subsidiary factor in voting cases it “wipes out every other factor” and prohibits cases from being brought against blacks. And further, that since “socio-economic” factors can be considered in determining whether voting discrimination has occurred, these cases cannot be brought against black defendants until there is economic parity between blacks and whites. Such attorneys use phrases like “traditional civil rights cases” and “traditional civil rights victims” to signal that only minority victims and white perpetrators concern them. Justice sources tell me that career attorneys have been “assured” that cases against minority defendants won’t be brought. In testimony before the civil rights commission, Thomas Perez denied he was aware of any such conversations or sentiments.

To date the Democratic Congress has exercised virtually no oversight over either the Panther case or the department’s civil rights enforcement approach generally. The OPR investigation shows no sign of completion. Neither Holder nor Perrelli has been questioned in depth about his participation in the case or about the allegations that Justice attorneys don’t intend to enforce civil rights laws against anyone other than white defendants.

Smith and Wolf, who just this week fired off two-dozen questions to Attorney General Eric Holder, continue to pursue the case, but without Democratic support they cannot subpoena either witnesses or documents. That may change after the November election. If the House of Representatives or Senate flips to Republican control and new committee chairmen decide to engage in actual oversight, Perrelli and Holder may find themselves forced by subpoenas to tell the complete NBPP story and explain why Obama’s Justice Department believes the civil rights laws exist only to protect citizens of certain races."

http://www.weeklystandard.com/articles/friends-high-places

http://www.realclearpolitics.com/articles/2010/07/15/financial_reforms_empty_promises_106324.html

http://www.powerlineblog.com/archives/2010/07/026788.php

"As Obama Kowtows, Unions Eye the Private Sector
The unions want more legislation from the Democrats.

July 15, 2010 12:00 A.M.
By Michael Barone
Source National Review Online

"The Obama administration is dominated by labor unions. Yes, Barack Obama and other Democratic leaders do owe the unions something: Unions gave $400 million to Democrats in the 2008 campaign cycle, and thus expect to get something in return.

What they haven’t gotten out of the Democratic Congress is the thing they wanted most — the card-check bill that would effectively abolish the secret ballot in unionization elections. Unions now represent only 7 percent of private-sector workers, the lowest percentage since the early 1930s. Union leaders believe that with card check they could vastly increase their dues income.

But the unions have gotten lots of other things, as Peyton R. Miller reports in The Weekly Standard. Obama has appointed as head of the National Labor Relations Board a former union lawyer who once wrote that the NLRB could institute something very much like card check without congressional action.

An Obama appointee has changed the National Mediation Board’s rules in a way designed to produce more strikes by airline and railroad union members.

Many of Obama’s executive orders have encouraged unionization by employees of government contractors and the seniority-based promotion practices preferred by union leaders. Obama has granted a 35 percent tariff on Chinese tires sought by the United Steelworkers and, in contravention of the North American Free Trade Agreement, has blocked Mexican trucks from U.S. roads as demanded by the Teamsters Union.

The Democrats’ stimulus package includes Davis-Bacon requirements that union wages be paid on construction jobs, which means that the government will pay more or get less production than it would if contractors were free to pay market wages. The complex Davis-Bacon process also means huge delays in getting supposedly shovel-ready projects underway.

And Obama Democrats are trying to force FedEx to become unionized by subjecting it to the same law as unionized UPS.

Meanwhile, one-third of the stimulus money went to state and local governments, with the effect of propping up the pay and saving the jobs of public-employee union members. As a result, while 8 million private-sector jobs have disappeared, the number of public-sector jobs has barely budged.

The cynical will see these measures as a political payoff and might venture that the unions have gotten something like a hundredfold payout for the $400 million they gave to Obama and his co-partisans.

Those who insist on looking for purer motives, in contrast, might see something potentially more sinister. They might see a former community organizer acting out of a sincere conviction that America would be better off with a much, much larger unionized private sector.

That prompts the question of what the private sector would look like if nearly half its workers were union members, as is now the case with the public sector.

As one who grew up in Detroit in the heyday of the Big Three auto companies and the United Auto Workers, I have some idea what the answer would be.

Adversarial unionism, as prescribed by the New Deal–era Wagner Act, would mean an end to management flexibility and the cooperative management techniques employed by, among others, the foreign-based auto manufacturers. UAW contracts had some 5,000 pages of work rules; if any were violated, the shop steward could shut down the assembly line.

We know how that story turned out. It took the U.S. manufacturers decades to achieve quality levels comparable to those their foreign-based competitors achieved with American workers.

We also have some idea how seniority promotion systems work out from what happens in unionized school systems. Incompetent senior teachers get their choice of assignments and, thanks to union contract provisions, are almost never fired, while talented junior teachers are laid off.

It is no accident that the rate of unionization in the private sector has plummeted since its peak in the 1950s. Scholars have found that unionized firms are at a competitive disadvantage against non-union firms. Over the years, their workforce tends to shrink, while non-union firms grow.

Since the 1950s, private-sector employees have gained protections that only unions once provided through pensions laws like ERISA, anti-discrimination legislation, and developing human-relations law. We're a long way from the 1930s.

But the Obama Democrats want to take us back to a system that produced huge inefficiencies and rigidity in the private sector. Does that sound progressive?"

http://article.nationalreview.com/438137/as-obama-kowtows-unions-eye-the-private-sector/michael-barone

For example, imagine two widget factories: one big one that employs 5,000 people and a small one that employs just five. If a new regulation requires all widget-makers to hire one person in charge of monitoring quality control, the big company's labor costs increase by 0.02%, while the smaller firm's labor costs increase by 20%. Smaller companies take a much bigger hit to their proportionally smaller earnings when additional regulation is imposed.

4. Financial Reform Won't Protect Taxpayers From a Future Bailout. If financial reform accomplishes anything, it should minimize the cost to taxpayers of future financial crises. But looking at the bailouts that Americans will be on the hook for, it fails that very basic test. And this isn't really a controversial point, since it does nothing to reform the government-sponsored entities (GSEs) Fannie Mae and Freddie Mac. [Via Bloomberg:] "The White House's Office of Management and Budget estimated in February that aid could total as little as $160 billion if the economy strengthens."

5. A Derivatives Loophole Could Cost Main Street $1 Trillion. From the International Swaps Dealers Association statement: "A change in the wording of the financial reform bill now being finalized in the US Congress could cost US companies as much as $1 trillion in capital and liquidity requirements, according to research by the International Swaps and Derivatives Association, Inc. (ISDA). About $400 billion would be needed as collateral that corporations could be required to post with their dealer counterparties to cover the current exposure of their OTC derivatives transactions. ISDA estimates that $370 billion represents the additional credit capacity that companies could need to maintain to cover potential future exposure of those transactions. If markets return to levels prevailing at the end of 2008, additional collateral needs would bring the total to $1 trillion."

6. Can You Trust a Bill That Requires 79 Years of Cumulative Studies? Reform isn't easy. Beyond making tough decisions, it also apparently involves an awful lot of research. The 3,321 pages of financial regulation bills being melded together by Congress' conference committee contain an incredible number of studies to be completed: 74. Approximately four of the studies are nearly identical. The other 70 all investigate different aspects of finance, economics, lending, etc. If you add up all the time allotted for these studies to take place, and did them back to back instead of simultaneously, then you'd be doing studies for almost 79 years.

7. We Failed to Kill 'Too Big to Fail.' In Fact, We Might Have Made It Stronger.  What happens when lots of banks start to fail together? The liquidation process will be so onerous and ugly that in future severe crises where we've got widespread problems in the industry with multiple systemically crucial banks -- the once-every-three-generations kind of catastrophes -- the government might not have the stomach for widespread liquidation. "Think about it this time around," says Brookings' Doug Elliott. "If they had to take down Citi and Bank of America and the law required them to liquidate these guys, it would have been a disaster. And we would have created TARP."

http://www.theatlantic.com/business/archive/2010/07/7-reasons-to-be-skeptical-about-financial-reform/59846/

Interesting facts I've seen other articles allude to.

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"The economic frustration of the American people is reaching a fever pitch.  Millions of Americans can't seem to get a good job no matter what they do.  Millions of others are working as hard as they can but find that they keep coming up short at the end of the month.  Record numbers of Americans are still going bankrupt.  Record numbers of Americans are still losing their homes.  Meanwhile, the U.S. economy is a dead horse at this point.  It just doesn't have any more to give.  At this point the U.S. economy is like an aging rock star that requires larger and larger doses of drugs each night just to be able to perform.  The U.S. economy is addicted to "drugs" such as debt and government stimulus, and years ago those things really supercharged the U.S. economic system, but at this point they aren't provoking much of a response at all.  In fact, the things that once "stimulated" the economy are now slowly killing it.  But the vast majority of the American people do not understand this.  All they know is that the economy is broken and they want someone to "fix" it.

For most Americans, all we have ever known is tremendous prosperity.  All our lives we have been taught that America is the richest and most prosperous nation on the planet, and that while there will always be times of "recession", things will always bounce back and be better than ever before.

But this time things aren't bouncing back.

And Americans are starting to become extremely frustrated.   

A couple of quotes that appeared in a recent article in The New York Daily News really embodied the growing frustration that so many are feeling at this point....

"My husband and I are fortunate to be able to move in with my 81-year-old mother-in-law. But how sad is that? I apply for jobs and nothing happens," writes Gayle Hanson. "Who wants to hire a 59-year-old woman? My answer is nobody. [I] have years of experience, excellent references. And nothing to show for it."

"I am soon to be 57 and considered too old, too expensive, etc. I can't get an employer to hire me at any salary," writes Mike Stiller. "I am BOILING MAD."

But Gayle Hanson and Mike Stiller are far from alone.

Millions upon millions of Americans are "boiling mad" about the economy at this point.

The truth is that the United States has lost 10.5 million jobs since 2007.  Many of those jobs have been shipped off to countries like China and India where labor is much cheaper and they are never coming back.

There just are not enough jobs for everyone in America at this point.  The number of "chronically unemployed" has been rising at a frightening pace.  In fact, the average duration of unemployment in the United States has risen to an all-time high. 

If you have never been unemployed and unable to find a job, then you just don't know how soul crushing it can be.  This is especially true when you have a family to support.

Right now, there are 9.2 million Americans that are unemployed but are not even receiving an unemployment insurance check.  It is easy to tell those unemployed workers that they should "get a job", but as the chart below shows, the gap between the number of unemployed workers and the number of job openings has increased dramatically over the last couple of years....

***Chart****

But in this economy, even many of those who do have jobs are still struggling mightily.  According to a poll taken in 2009, 61 percent of Americans "always or usually" live paycheck to paycheck.  That was up significantly from 49 percent in 2008 and 43 percent in 2007.

And Americans are still losing their homes in record numbers.  Banks repossessed an average of 4,000 south Florida properties a month in the first half of 2010, which was up 83 percent from the first half of 2009.

Meanwhile, demand for homes is dropping through the floor.  The Mortgage Bankers Association announced on Wednesday that demand for loans to purchase U.S. homes sunk to a 13 year low last week, and refinancing demand also plummeted despite near record-low mortgage rates.

So considering all of these statistics, is it any wonder why so many Americans are so pessimistic?

According to a recent poll conducted by Bloomberg, 71% of Americans say that it still feels like the economy is in a recession.

But the truth is that we haven't seen anything yet.

Things are going to get much worse.

Already, Federal Reserve policymakers are discussing what steps they might take to stimulate economic activity "if the outlook were to worsen appreciably".

So can more economic stimulus help?

To a limited extent.

The Federal Reserve and the U.S. government will likely try to inject more debt and more "economic stimulus" into the system to try to shock the economy back to life.

But the more debt the U.S. government takes on the worse our long-term problems are going to get. 

The reality is that the U.S. economic system is broken, and there is simply not any "quick fix" that is available that is going to get things back to normal.

So on an individual level, what should we all do?

Well, we all need to start becoming a lot less dependent on the system.

We should all consider how we can start our own businesses, grow our own food and trade within our own communities.

If the entire system is starting to break down, it is those who are the least dependent on the system that will have the best chance to prosper during the times ahead."

http://theeconomiccollapseblog.com/archives/the-u-s-economy-is-a-dead-horse-and-the-american-people-are-starting-to-get-really-pissed-off-and-frustrated

By Matt Cover, StaffWriter

According to the CDC, “BMI provides a reliable indicator of body fatness for most people and is usedto screen for weight categories that may lead to health problems.”
 
Aperson’s BMI score is used as a tool to screen for obesity or excessive body fatthat could lead to other health problems. While it does not actually measurebody fat directly, according to CDC, the BMI scores generally correlate with aperson’s body fat percentage.
 
The new regulations also stipulate thatthe new electronic records be capable of sending public health data to state andfederal health agencies such as HHS and CDC. The CDC, which calls Americansociety “obesogenic” – meaning that American society itself promotes obesity –collects BMI scores from state health agencies every year to monitor obesitynationwide.
 
“Electronically record, retrieve, and transmit syndromebased public health surveillance information to public health agencies,” theregulations read.
 
With the spread of electronic health records, the CDCapparently will be able to collect such data more efficiently and with greateraccuracy because the electronic record keeping systems can send the dataautomatically, eliminating the need for government – both state and federal – tokeep, send, and process physical records."

http://cnsnews.com/news/article/69436

Video of noon Fox 5 newscast.

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http://www.myfoxatlanta.com/dpp/news/local_news/tea-party-friday-event-marietta-20100716-am-es#

My son sent me this.  Fascinating, thought provoking.  You decide.

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