Category: Justice

Let There Be No Kings

During the constitutional convention, there was much debate over the impeachment clauses.

It was finally settled when Ben Franklin said that these provisions were not there, the only way to remove a President who was attempting to install himself as king would be assassination.

Bush is now claiming that if the president wants it, it’s not contempt.

So he is claiming, as Nixon did to David Frost, and as Stalin and Mussolini did, that if he orders it, it is legal.

Impeach Dick Cheney today. Impeach George W. Bush tomorrow.

Blowback from the Blackberry Case Continues

Significant patent reform is heading down the pike, and the Supreme Court has already made changes with its Teleflex ruling, and now Congress is weighing in.

Patent Fight Pending
Brian Wingfield, 07.20.07, 6:00 AM ET

Remember the patent dispute surrounding the BlackBerry wireless device? Last year a communications catastrophe was avoided when BlackBerry maker Research in Motion agreed to settle with NTP over a patent infringement lawsuit.

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This glosses over what happened. NTP was shaking down Blackberry using an injunction as a threat. When they got an injunction against all non-government service, Blackberry responded that they could not separate the business, and that they would comply by shutting everything down in the US.

Blackberries are used by 90% of congressional aids, most of the White House Staff, and most of the Supreme Court clerks, and a lot of congressmen and perhaps a few of the Justices too, so when this happened, they all freaked, and started talking to each other about a fix.

NTP blinked, not Blackberry, and so they settled for far less than they were originally demanding, but the damage had been done. The political establishment is now aware that IP has run amuck, and this bill is an attempt to fix this.

I do not believe that it goes far enough. I believe that the special patent court, which views everything as a nail since all it has is a hammer, should be abolished, and I believe that the bar for injunctive relief should be set much higher, but the fact politicians are finally seeing this as a problem is a very hopeful development.

Where the Net Really Makes a Difference

The first place that I noticed the net making a difference in real life was when I moved to Baltimore, and I found out how much easier Mapquest made it for me to find a home where I wanted, because I knew were each address was instantly.

It’s now entering politics, where you have someone setting up a searchable database of Debra Jean Palfrey’s (aka the DC Madame) phone records.

You have also found this in the turnaround of massive document dumps by the Bush administration on the US Attorney scandal, frequently in a matter of hours.

The ability to being hundreds, if not thousands, of people together to do the scut work of investigative journalism has the real possibility being a major game changer for journalists, particularly those who don’t have the resources of the NY times behind them.

Europe to RIAA: Eat My Shorts

According to The Register, Advocate General Juliane Kokott, adviser to the European Court, reckons European internet service providers are not obliged to hand over subscriber information when approached by record labels pursuing civil cases. The information should be handed over in a criminal case.

This is not a court ruling, but it is likely to be the opinion adopted by the European court.

In related news: 23 New Schools to Receive Latest Round of RIAA Pre-Lawsuit Letters.

The RIAA is a bunch of thugs. When the revolution comes, they will be up against the wall before the PR department of Sirius Cybernetics Corporation.

Only in the USA

It appears that some inmates at El Reno federal prison in Oklahoma attempted to buy a “get out of jail free” card using copyright.

They “copyrighted” and then attempted to file suits for millions of dollars against him and seize his property with the idea of using this as leverage to be let out.

Needless to say, the indictments against them for “conspiring to impede the duties of federal prison officials” rap, and “mailing threatening communications with the intent to extort”.

On the bright side, they have each received six figure offers of employment from the RIAA when they get out of stir.

With The Bush Admin, There is No Policy, There is Only Politics

This time, it’s the so called “War on Drugs”.

Rep. Henry A. Waxman (Calif.), chairman of the House Oversight and Government Reform Committee, said documents obtained by his panel suggest that the appearances by the drug control officials were part of a larger White House effort to politicize the work of federal agencies that “may be more widespread than previously known.”

This is a direct consequence of conservative philosophy. If one sees government, even when it works as a source of weakness and moral hazard, then the only reason to govern is to accumulate wealth and power for you and yours.

The Bush administration is not an aberration, rather it is the logical consequence of the hard right wing philosophy that they all hold.

There is no policy, because government is evil. It’s just a gravy train.

I saw this first hand when I went to college with, and served in the student Senate with, Tony Rudy, who has copped a plea in the entire Abramoff/Delay thing for taking bribes.

He was personally nice, but once in government, there was nothing for him to do but to be corrupt.

Bureaucracy that Works, the CIA , a Case Study

As you may be aware, the Council of Europe issued a report on American Gulags in Poland and Romania.

It now appears that CIA bureaucrats provided much of the information.

“There were huge conflicts between the CIA and Rumsfeld. Many leading figures in the CIA did not accept these methods at all,” Marty told European Parliament committees, defending his work against complaints it was based on unnamed sources.

The report issued last month said the Central Intelligence Agency ran secret jails in Poland and Romania, with the complicity of those governments, and transported terrorist suspects across Europe in secret flights.

Poland and Romania have repeatedly denied hosting CIA prisons on their soil.

“People in the CIA felt these things were not consonant with the sort of intelligence work they normally do,” Marty said.

He said he had based his findings largely on conversations with “high officials of the CIA (and) highly placed European office-holders, who for different reasons, often honorable reasons, were ready to explain what had happened”.

Since he had no power to summon witnesses, subpoena documents or search buildings, he was forced to rely on such evidence, Marty said.

As much as we may complain about bureaucracy when we are waiting in line at the DMV, the truth is that a competent and honest bureaucracy is essential to a properly functioning democracy.

Even with the Dems back in power in the Congress, the actions of honest bureaucrats who know the rules, and follow them, has been the most effective push back against Bush and his evil minions.

RIAA Gets Owned

An Oklahoma woman stood up to the threats and intimidation that the RIAA used to try and extort money from her.

She won, and now she has been awarded court costs.

On July 13, 2006 the Oklahoma court ordered the RIAA’s claims against Foster be dismissed with prejudice and ruled she was eligible to be awarded attorneys fees. The court was skeptical that “an internet-illiterate parent, who does not know Kazaa from a kazoo” could be liable for copyright infringement committed by someone else using her internet account.

There are legitimate concerns about misuse of the RICO statutes, but its use against the RIAA’s thugs would be a “slam dunk.”

Justice, and Conrad Black, Have Been Served. Will Richard Pearle be Next?

Well, it appears that my report of the jury being deadlocked was a bit premature. They just found Conrad Black guilty of guilty of three counts of mail fraud and one charge of obstruction of justice.

One wonders about some of his well connected board members, like Richard Pearle and Henry Kissinger, who might now be at some risk of either civil or criminal proceedings for enabling his larcenous habits.

One can hope.

Gonzalez Lied to Congress

Gonzalez should be under indictment.

Gonzales Was Told of FBI Violations
After Bureau Sent Reports, Attorney General Said He Knew of No Wrongdoing

By John Solomon
Washington Post Staff Writer
Tuesday, July 10, 2007; Page A01

As he sought to renew the USA Patriot Act two years ago, Attorney General Alberto R. Gonzales assured lawmakers that the FBI had not abused its potent new terrorism-fighting powers. “There has not been one verified case of civil liberties abuse,” Gonzales told senators on April 27, 2005.

Six days earlier, the FBI sent Gonzales a copy of a report that said its agents had obtained personal information that they were not entitled to have. It was one of at least half a dozen reports of legal or procedural violations that Gonzales received in the three months before he made his statement to the Senate intelligence committee, according to internal FBI documents released under the Freedom of Information Act.

Ummmm….Conrad Black is Guilty as Sin! What’s Your f%$#ing Problem?

Sometimes the thought of a jury of one’s peers is kind of scary.

Black jury deadlocked
By Ameet Sachdev
Tribune staff reporter
Published July 10, 2007, 2:54 PM CDT

A Chicago federal jury weighing fraud charges against former Sun-Times publisher Conrad Black said today it was deadlocked.

‘We have discussed and deliberated on all the evidence and are still unable to reach a unanimous verdict on one or more counts. Please advise,’ jurors wrote in a note to the U.S. District Judge Amy St. Eve this afternoon.

In court, St. Eve responded by rereading a portion of the jury instructions which advised the panel to act in good faith and attempt to reach a verdict before sending the 9 women and 3 men back to the jury room to continue deliberations.

Tuesday was the ninth day of jury deliberations. The trial began March 20.

It is unclear if the jury has reached a conclusion on any of the 42 charges and four defendants before them.

Black faces 13 criminal charges, including racketeering and mail and wire fraud, tied to accusations that he and associated pocketed more than $60 million from non-compete agreements signed when his company Hollinger International Inc. sold several newspapers. If convicted, the 62-year-old member of the British House of Lords could spend the rest of his life in prison and forfeit much of his fortune.

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Guilty or No, This Trial is F%$%ed Up

Kind of like Mumia. I think that Mumia did it, and I think that Mumiw was railroaded.

The trial of Former Gov. Don Siegelman (D-AL) is seriously screwed up.

You have Republicans testifying that it was politically driven. You have a judge who is a long time political enemy of Siegelman, and you have the judge imposing a fine for an offense for which he had been acquitted.

Originally, Siegelman had been ordered to pay the money to reimburse the state for losses based on a warehouse scandal. A jury acquitted Siegelman of charges relating to that scandal, but the prosecution pressed for punishment during the sentencing portion of the trial. The judge changed his mind yesterday, siding with Siegelman’s lawyers.

Judge decided that he had crossed a line in his vengance, I guess.

Still, the fact that HealthSouth CEO Richard Scrushyis going to jail too gives me mixed emotions.

Given the politicization of Justice under Bush and Abu Gonzalez (who ever thought that I would miss John f%$#ing Ashcroft) politics almost certainly played an important roll though.

School Administrators Who Should Have Been Drowned at Birth

Make no doubt about it. This was an attempt by the school administrators to punish both girls for being gay, and not only should they never be allowed to set foot in a school again, those responsible should be put in jail.

Grrrr…..

Girl caught kissing says school misused cameras
11:23 AM PDT on Monday, April 30, 2007

By LINDA BRILL / KING 5 News
GIG HARBOR, Wash. — A girl caught kissing her girlfriend on a school security camera says the videotape should have never been shown to her friend’s parents.

Seventeen-year-old Jenna Johnson and her mother say Gig Harbor High School invaded Jenna’s privacy.

“I think it was really misinterpreted because it was just a little kiss, and they brought religion into it and it shouldn’t have happened this way,” Jenna said.

Her mother, Deborah Johnson, said she thinks it never would have happened if it was a video of a boy and a girl.

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Dell Computer is Going Down. Sooner Rather than Later

Dell is done. It is on its way down, and will never be a top tier computer manufacturer again. It will end up where Gateway is today.

First, it started selling its computers through WalMart (Google walmart vlasic), and now it has repeatedly delayed its filings.

The death spiral started when they decided to go cheap with their tech support, and people jumped to HP.

Dell delays filing fiscal reports…again
By Kelly Fiveash
Published Friday 6th July 2007 10:36 GMT

Dell will once again hold back filing its 2007 financial statements to the US Securities and Exchange Commission (SEC) because it is yet to complete an internal investigation into its accounting practices.

The direct computer giant, which earlier this week confirmed that the SEC had set a mid-July deadline for it to file its fiscal reports, has been looking into accounting errors as well as evidence of misconduct at the firm.

The SEC warned Dell that failure to file reports by 16 July could lead to a delisting on the Nasdaq exchange.

I think that a delisting is unlikely, for now, but things are going to get very bad, very fast.

Note: I do not own Dell stock directly, though they may be a tiny part of my index funds (Vanguard’s S&P 500 fund, etc.)

Paul Krugman Deserves a Nobel

If not in economics, then in something else. This guy has been speaking the truth for a LONG time.

Sacrifice Is for Suckers
By Paul Krugman
The New York Times

On this Fourth of July, President Bush compared the Iraq war to the Revolutionary War, and called for “more patience, more courage and more sacrifice.” Unfortunately, it seems that nobody asked the obvious question: “What sacrifices have you and your friends made, Mr. President?”

On second thought, there would be no point in asking that question. In Mr. Bush’s world, only the little people make sacrifices.

You see, the Iraq war, although Mr. Bush insists that it’s part of a Global War on Terror™, a fight to the death between good and evil, isn’t like America’s other great wars — wars in which the wealthy shared the financial burden through higher taxes and many members of the elite fought for their country.

This time around, Mr. Bush celebrated Mission Accomplished by cutting tax rates on dividends and capital gains, while handing out huge no-bid contracts to politically connected corporations. And in the four years since, as the insurgency Mr. Bush initially taunted with the cry of “Bring them on” has claimed the lives of thousands of Americans and left thousands more grievously wounded, the children of the elite — especially the Republican elite — have been conspicuously absent from the battlefield.

The Bushies, it seems, like starting fights, but they don’t believe in paying any of the cost of those fights or bearing any of the risks. Above all, they don’t believe that they or their friends should face any personal or professional penalties for trivial sins like distorting intelligence to get America into an unnecessary war, or totally botching that war’s execution.

The Web site Think Progress has a summary of what happened to the men behind the war after we didn’t find W.M.D., and weren’t welcomed as liberators: “The architects of war: Where are they now?” To read that summary is to be awed by the comprehensiveness and generosity of the neocon welfare system. Even Paul Wolfowitz, who managed the rare feat of messing up not one but two high-level jobs, has found refuge at the American Enterprise Institute.

Which brings us to the case of I. Lewis “Scooter” Libby Jr.

The hysteria of the neocons over the prospect that Mr. Libby might actually do time for committing perjury was a sight to behold. In an opinion piece in The Wall Street Journal titled “Fallen Soldier,” Fouad Ajami of Johns Hopkins University cited the soldier’s creed: “I will never leave a fallen comrade.” He went on to declare that “Scooter Libby was a soldier in your — our — war in Iraq.”

Ah, yes. Shuffling papers in an air-conditioned Washington office is exactly like putting your life on the line in Anbar or Baghdad. Spending 30 months in a minimum-security prison, with a comfortable think-tank job waiting at the other end, is exactly like having half your face or both your legs blown off by an I.E.D.

What lay behind the hysteria, of course, was the prospect that for the very first time one of the people who tricked America into war, then endangered national security yet again in the effort to cover their tracks, might pay some price. But Mr. Ajami needn’t have worried.

Back when the investigation into the leak of Valerie Plame Wilson’s identity began, Mr. Bush insisted that if anyone in his administration had violated the law, “that person will be taken care of.” Now we know what he meant. Mr. Bush hasn’t challenged the verdict in the Libby case, and other people convicted of similar offenses have spent substantial periods of time in prison. But Mr. Libby goes free.

Oh, and don’t fret about the fact that Mr. Libby still had to pay a fine. Does anyone doubt that his friends will find a way to pick up the tab?

Mr. Bush says that Mr. Libby’s punishment remains “harsh” because his reputation is “forever damaged.” Meanwhile, Mr. Bush employs, as a deputy national security adviser, none other than Elliott Abrams, who pleaded guilty to unlawfully withholding information from Congress in the Iran-contra affair. Mr. Abrams was one of six Iran-contra defendants pardoned by Mr. Bush’s father, who was himself a subject of the special prosecutor’s investigation of the scandal.

In other words, obstruction of justice when it gets too close to home is a family tradition. And being a loyal Bushie means never having to say you’re sorry.

Wanker of The Day

Stephen Dunne.

That’s tough dude, I guess you have to keep living in your parent’s basement, surfing the net for gay pr0n.

Bar-exam flunker sues: Wannabe rejects gay-wed question
By Donna Goodison
Friday, July 6, 2007 – Updated: 08:15 AM EST

A Boston man who failed the Massachusetts bar exam has filed a federal lawsuit claiming his refusal to answer a test question – related to gay marriage – caused him to flunk the test.

Stephen Dunne, 30, is suing the Massachusetts Board of Bar Examiners and the Massachusetts Supreme Judicial Court, claiming the “inappropriate” test question violated his religious convictions and his First Amendment rights. Answering the question, Dunne claims, would imply he endorsed gay marriage and parenting.

The suit also challenges the constitutionality of the 2003 SJC ruling that made Massachusetts the nation’s first state to legalize same-sex marriage.

Dunne, who describes himself as a Christian and a Democrat, is seeking $9.75 million in damages and wants a jury to prohibit the Board of Bar Examiners from considering the question in his passage of the exam and to order it removed from all future exams.

“There’s a different forum for that contemporary issue to be discussed, and it’s inappropriate to be on a professional licensing examination,” Dunne told the Herald. “You don’t see questions about partial-birth abortion or abortion on there.”

Dunne scored a 268.866 on the bar exam, just missing a passing grade of 270. The exam question at issue concerns two married lesbian attorneys and their rights regarding a house and two children when one decides to end the marriage.

“Yesterday, Jane got drunk and hit (her spouse) Mary with a baseball bat, breaking Mary’s leg, when she learned that Mary was having an affair with Lisa,” the bar exam question stated. “As a result, Mary decided to end her marriage with Jane in order to live in her house with Philip, Charles and Lisa. What are the rights of Mary and Jane?”

Dunne claims the question was used as a “screening device” to identify and penalize him for “refusing to subscribe to a liberal ideology based on ‘secular humanism,’ ”according to his lawsuit.

“Homosexual conduct is inconsistent with (Dunne’s) Christian practices, beliefs and values, which are protected by the First Amendment,” the lawsuit states.

“I respect people with alternative lifestyles, and we must do that in a civil society,” Dunne said. “I just have a different opinion that millions of people share with me, and I believe that my opinion should be respected just as much as (pro-gay) opinions. I have no intent in spreading hatred or discrimination.”

In his court documents, Dunne described homosexuality as a “voluntary human behavior that is changeable.”

“Societal recognition and perpetuation of rampant homosexuality is neither prudent nor wise,” his lawsuit states.

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