Yesterday,Jon’shistory lesson focused on four
infamous acts of violence which mark January 30 as a day of infamy.
In
1948, the world’s year was marked early by violence of the worst order.On January
30, Mahatma Gandhi was assassinated in his beloved India.A man of peace, Gandhi
had led his people to freedom from the British reign, a major step in the final dissolution of the British Empire.He led the people through a pacifist role, deploring violence, calling on his people to simply resist
British force through peaceful resistance.Jailed many times by the British,he used long periods of fasting to emphasize to his people the kind of peaceful sacrifice
which could lead them to freedom.
Many
feared through the years that Gandhi would be killed by the British.But, at
the last it was one of his own people who shot him down.A fellow Hindu, obviously
deranged, shot him three times from a distance of three feet.Gandhi, an extremely
frail man,refused to accept the kind of security that some world leaders had
even at that time.He was not a government leader.He was a religious leader, very humble, and often used his fasting periods to “force” the British into
an act that extended freedom a little bit.He lived by the premise that a small
man (which he considered himself to be), by taking small steps, could form the catalyst for big results.Of course, the world did not see him as “small”, but his ego did not allow him to elevate himself---believing
that all he did was further the intent of a supreme being on earth.
Indians were decimated by his death, the world was shocked that a man of such peaceful
persuasion had been shot to death right on a crowded public street in New Delhi.
Eight
years later, 1956 began with a violent act aimed at one of the premier disciples of Gandhi.On January 30, Dr. Martin Luther King Jr’s home was bombed in Montgomery,
Alabama. Dr. King was a minister who also diminished his own value, taking to
the streets to bring God’s word to his people who had a lot in common with the Hindus under British rule.He followed the Gandhi model, leading his people through peaceful,
non-violent opposition to segregation which he believed was immoral and wrong.
Dr.King
was not at home at the time of the bombing; he was in the pulpit speaking to a meeting during the boycott of city buses in
Montgomery.Blacks, who were tired of having to sit in the back of the bus, had
boycotted the buses, causing the city huge losses in revenue.During this same
time, Dr. King led his people in boycotts of lunch rooms where Blacks were not allowed to sit and eat with whites.
His
wife, Coretta, and their 10 week old child were in the house, yet somehow escaped physical harm.Hundreds, if not thousands, of angry Black citizens flocked
to the home, ready to take violent revenge.In his usual calm fashion, Dr.King
urged them to return to their homes, put away any weapons and resist the temptation to meet violence with violence.He urged his followers to “love our white brothers” in spite of their hatefulness.
In
1956, the South was awash with violent reactions by whites to integration, particularly of schools.Thurgood Marshall, one of the finest trial lawyers ever, had won the Brown v.Board of Education decision
in the United States Supreme Court.That decision, written by Chief Justice Earl
Warren, held that the “separate but equal” rule which had been the standard for school segregation for decades was not constitutionally
acceptable.His decision, for the Court, held that the public schools must be
integrated.
Under
the “separate but equal” doctrine, a state could escape integration by providing separate school facilities and teachers for
Blacks, “equal” to the facilities offered to whites.This doctrine was one of
the most ludicrous examples of how the judicial system is basically cowardly, unwilling to look past the façade and face reality.No reasonable, rational person could look at the separate facilities and believe for
a New York minute that they were “equal”.
While
segregationists urged that “separate but equal” was justice, any reasoning person knew that it was justice-----you know the
rest.At that time, engrossed in college studies leading toward my law training,
it had not yet occurred to me that the system of justice is badly broken, and has been for a long, long, long time.
I
saw segregation up close, having spent summers with my grandparents in Hartsville, South Carolina.I lived in, saw, and didn’t really question the reality of or the mental, and physical impact of segregation.“Colored town” was the “other
side of the railroad tracks” where all Blacks lived in complete segregation.They
went to “colored” churches. They ate in “colored” cafes.They sat in the back
of the bus.They sat in the “colored only” sections of bus stations and railroad
stations.They drank from “colored only” water fountains.They swam in “colored only” ponds, not city swimming pools.They
sat in “colored only”balconies in movie houses.They did not have organized sports
leagues for kids, they had to play in undeveloped farm fields.Often their “baseball”
was a rock or large ball of string tightly wound. Their school athletic teams did not play the white teams.Cities had “black conferences” and “white conferences”.Blacks
went to “colored” doctors. They went to the “colored only” emergency rooms.
Even the courtrooms were segregated, with the Blacks being relegated to a balcony if
one existed, if not to the back row and standing room.(“To Kill a Mocking Bird”
did not, and does not, exaggerate.)The jails were segregated, and Blacks were
sent to the “chain gang” even for minor offenses so that white criminals did not have to be integrated in jails or prisons.(The “chain gangs” were groups of prisoners who were actually chained together and
required to do road work and other public works projects, sleeping and living in tents or Quonset huts.Often, in a very corrupt southern political atmosphere, the chain gangs would be assigned to work the cotton
and other fields belonging to an important political figure or rich man.“Cool
Hand Luke” was not and is not an exaggeration.)
And,
when they died, Blacks were handled only by “colored morticians”.(As late as the mid 1960s, as an assistant United States Attorney in Baltimore, I urged a federal judge
to grant probation to a convicted tax evader because he was the only “colored” mortician who served four counties in southern
Maryland.I advised the Court that without him there would be no mortician to
serve the “coloreds” in those counties. The judge gave the probation and specified that it was only because of his value to
the public.
The
schools Blacks attended were not equal to those that whites attended.The “colored” schools were old and ramshackle, cold in the winter and hot in the spring and fall.Teachers were Black and were paid salaries much lower than their white counterparts.Kids walked to school while whites rode school buses.But, as long as there were school facilities available forBlacks, school
books for them to read, and teachers to teach them, the courts held that due process and equal protection were satisfied.Sticking their heads into the sand, judges had ruled that separate but equal satisfied
the United States constitution.
Then,Brown v. Board of Education ripped through the fabric of deceit and ordered that “separate”
could never be “equal”.Efforts to integrate the schools following the decision
were met with violent uprisings by whites.President Eisenhower sent troops to
the south to restore and maintain civil order, and to forcibly bring integration into the public schools.Throughout the South, angry whites resisted integration of schools, restaurants, andbuses. Policemen were photographed turning dogs loose
onBlack children, firemen turning firehoses on Blacks with such force as to
knock them to the ground.The angry face of“Bull” Conners who lead the Montgomery Police and their dogs in street attacks on children became the ugly face that
represented the South.
In
this hateful atmosphere, Martin Luther King followed the teachings of Gandhi, and narrowly missed dyingjust 8 years to the day from Gandhi’s assassination.
Twelve
years to the day after the bombing, and just a year before Dr. King would follow Gandhi into history by being assassinated
by a gunman, one of the most violent war offensives in history occurred in Viet Nam.The “Tet” offensive by the North Vietnamese and Viet Cong began on January 30, in 1968.The Viet Nam war had apparently begun to wind down.Our leaders knew that
they could expect some form of attack from the Viet Cong, but the attack still took them by surprise.“Tet” refers to the lunar new year.While at least half of
the southern forces were on holiday, the north struck.
Death and devastation was bad enough, but the Tet invasion also commenced the events
which toppled a presidency and gave all Asia the idea that America was not invincible, and was perhaps after all a “paper
tiger” as the Communist Chinese had bragged for years.Lyndon Johnson never recovered
his once high level of popularity after the Tet offensive which was used by anti-war forces as an example of how the president
had let our country get out of step with reality.Not only did the invasion affect
Johnson, it probably also led to the defeat of Hubert Humphrey by Richard M. Nixon who promised to end the Viet Nam war.Nixon was elected, and as Paul Harvey says, you know “the rest of that story”.
What
the country lacked was one single individual who could bring together those who wanted peace and those who continued to favor
the war effort in the far away jungles of Viet Nam.The nation was so divided,
and the President hid behind half truths and stonewalling tactics which never work with a free people served by a free press.There was no one person who could lead an effort for peace and reconciliation of foes,as Dr. King was leading the effort for integrating the nation.
Four
years later, the year 1972 began with one of the most senseless acts of violence in history of man.The relationship between Irish people who sought for independence of England just as Gandhi’s people had
struggled for independence from England, and the English government had grown tense.For years there had been skirmishes between the Irish in Northern Ireland and the English.More than a governmental problem, the tenseness really centered on Protestants of England against Catholics
of Ireland.For most of my life, Irish Catholics had not been allowed to vote
or hold office in Northern Ireland.
On
January 30, twenty four years after Gandhi was shot down, a group of protesters was demonstrating in Londonderry (also Derry
to the Irish).They were unarmed.British
paratroopers were sent to stop the protest, and after skirmishing with the protesters for a few minutes, began shooting into
the crowd.Unarmed Irishmen were killed and severely wounded in what would become
known as “Bloody Sunday” throughout the world.The event brought down upon the
English government the wrath of most nations in the world.In Parliament’s volatile
House of Commons the Government was severely chastised by all but the most ardent supporters of anti-Irishpressures.
Before
1972 had ended, hundreds of citizens would be dead and hundreds more wounded in Northern Ireland.It was the beginning of the end of English rule that denied civil liberties to the Irish.Following “Bloody Sunday”, president Richard Nixon decried the violence and called for orderly solution
through open governmental negotiations.He would be re-elected by a landslide
in November of that year, and then would be impeached for one of the most convoluted government cover-ups and avoidance of
open governmental actions in history.
The
political strife in Northern Ireland would continue, with terrorist acts and government reactions which endangered the peaceful
existence of every man, woman and child.The absence of a commanding personality
like Mahatma Gandhi or Martin Luther King hindered peaceful progress toward liberty for the Irish Catholics.The most unlikely of men, William Jefferson Clinton, brought the two peoples closer to peace than they
have ever been.
It
is also interesting to me to see how thestars seem to line up for a given date.Uniquely coincidental that January 30 has been such a violent day in history?Perhaps, but for those like me who don’t believe in coincidence, we face a real mental
challenge when trying to figure out the cycles of violence which erupt on January 30.
The
Indian people, freed largely by the humble, but heroic efforts of Mahatma Gandhi, have become a power in the world’s economy.The Black citizens in the United States still struggle with remnants of discrimination,
but they are being freed from the adversity of segregation more and more, and largely because of Gandhi’s humble follower,Martin
Luther King.The 44th President of the United States serves because
of the peaceful efforts of Dr.King.
But,
this nation has never recovered from the results of the Viet Nam war which turned so ugly from a military and political standpointon the date of the Tet offensive.To
the rest of the world, the United States has never quite been restored to a position of leadership it once held.
The
actions which have occurred on January 30,still further the ripples in the pond
s of life.
Following article by Patrick Dorinson also see his bio on who we are!
A belief
in this nation's special role
Patrick Dorinson
The Rev. Jeremiah Wright controversy
was rekindled by none other than Rev. Wright himself. No one, except for Wright himself, truly knows what his motivations
are for resurfacing at this crucial time in his one-time parishioner's campaign for president. But the issue for Sen. Barack
Obama is bigger than just one speech denouncing the reverend's inflammatory words and views about America.
Courtesy of his speeches to the Detroit
NAACP and the National Press Club, we have now heard for ourselves what Wright thinks about America. In responding to Wright's
words, we now know what Obama thinks about Wright's views about America. But what we have not yet heard is, what are Obama's
real views about America? And does he really understand the country and the people he is seeking to lead for the next four
years?
To borrow a phrase from Rev. Wright,
Obama and some of his colleagues in the Democratic Party are reaping what they have sown. For years, they have disdained the
symbols of America and derided the belief in American Exceptionalism that many of their fellow citizens believe in. They have
systematically changed American education so that American Exceptionalism is no longer taught, and it has been replaced with
a version of American history that emphasizes America's faults and failures and not its virtues and triumphs.
American Exceptionalism is the belief
that America has a special role to play in the world and is unique in that it was founded on a set of ideals and not by common
heritage, ethnicity, or the presence of a hereditary ruler and ruling class. To be an American is to bear allegiance to this
set of ideals whether you can trace your roots to the nation's founding or you arrived here a few years ago and just took
your citizenship oath last week.
American Exceptionalism also has been
interpreted as the ability for anyone to rise from humble beginnings and through hard work and perseverance, attain the "American
Dream." For all that Obama and his wife, Michelle, talk about their humble roots, you would think they would celebrate what
America has done for them, instead of labeling America as Michelle Obama did as "just downright mean."
Perhaps Obama's problem is also partly
generational. When baby boomers went to school in the '50s and '60s, children sang patriotic songs, pledged allegiance to
the flag without controversy, learned to recite portions of the Declaration of Independence and the Gettysburg Address and
were taught an American history without all the moral relevance and far left agitprop of today.
By the time he got to college, academia
was filled with those who are far more comfortable criticizing America while preaching that America is responsible for all
that is bad in the world and that this country was just one of many countries with no "exceptional" nature.
The speech that Obama needs to give
is one he can't, because to accept and celebrate American Exceptionalism, he would have to turn his back on his very liberal
base and embrace something they are disdainful of and about which he knows very little. Bowling a few frames and eating a
Philly cheese steak sandwich will not bring him any closer to an understanding of his fellow citizens who are "clinging" to
their guns and their God.
When he made those comments to a crowd
of well-heeled San Francisco Democrats, it was almost as if he was giving them an anthropological lecture on the people of
the rest of America. What he said demonstrated a total lack of understanding of his fellow citizens, but the way he said it
was worse. It was as if he was saying, "You know I just returned from the hinterlands and I would like to tell you about the
strange natives and their quaint customs I encountered in my travels." Not the way to talk if you want to lead these folks.
In many of Ronald Reagan's speeches,
he used the phrase about America being a "shining city on a hill." And while Democrats routinely scoffed when he said it,
the American people loved it and gained strength from it. Reagan did not mean we were perfect but rather that was the goal
we needed to constantly reach for and that our best days lie ahead. Reagan was always optimistic about America, and the people
followed him because they knew he believed those words deep in his soul as did many of them.
If Obama wants to be elected president,
he needs to give a speech that says he also believes in American Exceptionalism and that he understands and believes in the
important symbols and traditions of America and her people.
The problem is he can't.
Patrick Dorinson is a communications
and media strategist and principal of PD Communications in Sacramento.
Cartoon by Robert Ariail in chicago tribune 1/15/09
ROBERT AERAIL’S CHICAGO TRIBUNE CARTOON DEMONSTRATES THAT GOVERNOR BLAGOJEVICH IS NOT DEMENTED
OR “CUCKOO”
As
demonstrated in the above cartoon, Blago got his man seated in the United States Senate in spite of threats from the leadership
of both parties that Burris would not be seated.Right.All Blago had to do was point out that Burris was Black, and would be the only Black Senator, and would
be replacing a Black Senator, and that the Senate would be lily white without Burris.That, put together with the fact that there was no other reasonable explanation for why the Senate would not seat Burris,
caused the “good old boys” to cave in post haste.
Blago
is the governor; he has not even been indicted, in spite of the fact that he was arrested in the first ten days of December
on a “fast pace” prosecution to prevent him from appointing a Senator.He has
not been convicted, since he hasn’t even been indicted.He has not been removed
from office by conviction of impeachment charges.And, even if removed from office,
his appointment was made prior even to the impeachment vote.So, to block the
seating, the US Senate leadership would be in the position of blocking the seating of a Black appointee, appointed by a lawfully
sitting governor of one of the most populous and important states in the Union.As
the cartoon shows, the “good old boys” folded their cards and their bluff when confronted by Blago’s attack.
Yesterday
day from Ohare field, I started a review of the Illinois governor crisis as it unfolds.Today, before continuing with an examination of the “devil’s advocate” who resigned as the governor’s lead defense
counsel, I want to examine whether the governor is demented.
When
confronted with the governor’s claims as to the impeachment purpose, chicago’s effective mayor Dick Daley said the governor
was “cuckoo”, repeated the word in the tone of an actual “cuckoo clock”.
Is
he right?I don’t think so.There
is the mark of serious, organizational effort to discredit the foes present in the governor’s unusual actions.Today he appeared as widely on advance interviews on Today and to NBC reporters as anyone ever has.He has attacked his foes as being opponents to the people of Illinois.Where else and how else could he have hoped to reach so many people who will ultimately sit on any jury
that might be needed to try an indictment, if and when the prosecutor can secure one.
I
doubt seriously that he is concerned at this point about losing his job as governor; he is indeed in the fight to keep out
of prison.And, every step he is taking is designed to prepare the minds of those
potential jurors.
Later
today he will appear on the View, accepting the invitation to appear there because “whoopi was kind in her first remarks about
the charges.”He has been featured on every newscast this morning on every regular
channel and on every cable channel.Millions of viewers have and will before
the day is out have heard his professions of innocence, and of the motives of his political foes.If even one juror becomes convinced during these presentations that the governor is a “victim” of political
foes, and keeps that predetermination to himself or herself and gets seated, you have the makings of a mistrial from the inception.You may ask, “why would such juror not reveal the predetermination”.The answer is often seen in real life trials: it is the juror’s way of bringing the predetermination into
the trial in order to try to effect the decision.
Comparing
himself on arrest day to the harshness which confronted Gandhi, King and Mandela, may seem ludicrous on the surface.But,think about it.If he can get people,
any number of people, to think that he is right in his belief that he is being harassed, the polluting of the jury panel has
been accomplished.
A
Chicago columnist for the Chicago Tribune examined Blago’s actions in a Sunday column.He set forth Blog’s well covered statements that the legislature is trying to get rid of him so that enormous tax increases
could be imposed without the danger of his veto.The columnist credits that concept,
pointing out that the father of current Illinois attorney general, could easily be ready to support a bill which imposes huge
tax increases?Why?Because the
increased taxes will be signed by the Lt. Governor when he succeeds Blago.The
party will then be stuck with the higher tax moniker, and the Lt. Governor will be blamed, paving the way for the Attorney
General to win the gubernatorial seat from the Lt.Governor.The columnist’s theory
is supported by bills which have been prepared for passage and do call for huge tax increases.
The
columnist urges Blago to defend himself in the Senate,calling various members of the Senate to expose their talks with the governor regarding continued funding,
and what would constitute misuse of public funds.He believes that Blago should take down all members who may have discussed the “cost” of obtaining
changes in bills and the laws.
But,
I think Blago’s attorneys, the Adams family—father and sons---are having him stop just short of doing that.
But,
the columnist also carried on that Ed Genson may have had a personal interest in Blago avoiding the impeachment trial because
of Genson’s representation of some of the syndicate contacts who might get hurt if Blago named names during the impeachment.It may be an explanation for why Genson resigned from the trial team.He might have more than a legal conflict of interest---if he were to represent Blago with his regular and
usual verve and force, he would have to pull through the mud some of his other political and syndicate clients.That type of conflict might be bad for his “health”.The columnist
pointed out that Genson protected one of his clients in his handling of the case against former governor Ryan (who is now
in a penitentiary).
Nevertheless,
the campaign for exposure by the governor is succeeding.He will reach far more
Illinois citizens through Today and View than sound politicians can reach.With
each story, the chance gets a little better that any one juror candidate could be convinced to hold up conviction in any criminal
case that emerges.
As
I said yesterday, the governor is being guided by good defense attorneys, even without Genson.He is preparing his defense for the federal case, if the US attorney can ever get a grand jury to indict.The prosecutor has been forced to request another extension of the grand jury session.His request was granted, so the grand jury will continue into March.How long would it take to prepare an indictment---the core essentials are included in the papers filed for the arrest.
Converting the evidence statements from those arrest papers to indictment form would take---oh, say 3 hours.So, why wasn’t the indictment ready within a week after the arrest.That would have pretty much foreclosed any chance that Blago and his team could divert attention by making an appointment
which was not challengeable under the allegations. So, why no grand jury presentment
or indictment?The answer, my friends, is blowing in the wind—that
is the political winds whipping around Chicago.
The
US Attorney does not have the “smoking gun”.I thought that perhaps when he said
he needed to question a notable former fund raiser, he had his “in the room” witness who could provide the jury with the precise,
intentional, deliberate meaning of the recorded conversations.Evidently not,
because that would have meant an indictment in short order.
Keep
in mind that to convict Gotti, the prosecutor needed a live witness---even though he had mountains of recordings and documents.
Once,
a New York mobster was convictedon testimony as to his simply nodding his head,
without saying a word.He was at the grandfather level.An undercover officer who had been “in deep cover” for years and had worked his way into a position of
confidence of the grandfather provided the critical testimony.He testified that
when a suggestion as to a “hit” was made, the grandfather simply nodded his head in the affirmative.No word was spoken, but the testimony of the nodding of the head, in the context of the conversation going
on, was the evidence of an affirmative action in furtherance of the conspiracy.
As
a result of that conviction, many others have been held to have acquiesced in a crime by the same nodding of the heads, without
words being uttered.But, without such testimony, the recordings which could
have two meanings, one innocent and one guilty, don’t move beyond the “beyond the reasonable doubt” test.
My
dad was a staunch republican (who voted for Harry Truman and John F. Kennedy, but not the others) who didn’t like the press.One day at his cabin, he finished the newspaper, folded it carefully, laid it down
and said (of Nixon at the time of his impeachment) “Well, if he’s got any evidence of innocence, he better start carting it
out.”I told my wife that night that Nixon was through, because when dad gave
up on Nixon, there wasn’t any hope of staying in office or free in public.
So
far, the Governor is running a good ship, which will entrap theintelligentsia
media, which will enrich the view of him with Obama, and which will influence any number of prospective jurors who will later
stand on a verdict as to whether this governor committed a crime, or so antagonized his political foes as to force them to
take him out.
And,
as my dad would have said:“get on with the work.”Lets all watch to see whether Fitzpatrick, the US attorney, does in fact have enough evidence even to persuade
a grand jury to return an indictment.
If,
after the pr campaign, he gets Genson back as lead counsel, he is in line for a big not guilty verdict in any criminal case.
Comment by Pam L: people visiting Northen Wisconsn
hinted at Blagojevich's pending arrest before the elections! your take on the story is exactly right. Over the years my father
always commented that Chicago politicians were the best at the great game, he was from South chicago.
Comment by Ginny S: you knew that would happen, didn't
you? They were just posturing for political purposes. They like him because of , not in spite of, jis playing the race card.
Jon,
Iknow that you are waiting for my comments on the Inauguration, a day that I
will always remember.Hopefully the souvenirs I have brought for family and friends
will help them remember it always.
But,
from Chicago, as I move toward home, I have to spend some time on the issue that has intrigued the rest of America even more
than the citizens of Chicago and Illinois----or as the great disc jockey Dan Sorkin used to say during my time in Chicago,
“all of Chicagoland”.
The
Governor----or “blog” as he is now called in DC and elsewhere, since his name is difficult to pronounce if you haven’t heard
it daily as have the citizens of Chicagoland,----is worthy of comment on our blog dedicated to a dysfunctional criminal justice
system.
Today’s
Chicago Sun Times reports that the Governor has compared himself to Nelson Mandel, the great Black leader in South Africa,
Mahatma Gandhi, the pacifist leader of all India, and Dr. Martin Luther King, Jr.In
an NBC interview, which leads off a media blitz that Governor Blagojevich will carry to the east coast during this next week,
he said that on the day that he was charged and arrested, all these great leaders ran through his mind, as examples of others
working for the poor and needy were harangued by corrupt government leaders who were out to shaft the people.
The
impeached(by the Illinois House, but not convicted by the Senate) governor said
that he would deliberately boycott the impeachment trial set to begin Monday (tomorrow) in the Illinois Senate.He went even further than these great leaders in stating that he could present “15 angels and 20 saints
led by Mother Theresa” as witnesses and their testimony would have no effect on the Senate which is pre-determined to vote
“guilty” on the impeachment charges.
But,
the most hard-hitting news event announced today, and late last night, is that his best criminal defense attorney, Ed Genson
who announced his resignation from the defense team during the Friday announcement of the media blitzkrieg.
When,
about a month ago, it was announced that Ed Genson would represent the Gov, you, Jon, will remember that I predicted he would
never be convicted of the criminal charges.This was based on two considerations
(1)First,
while the U.S. Attorney was quick to file a complaint and make an arrest, he has been none too quick to present the case to
a Grand Jury for purposes of getting an indictment.Genson’s presence would make
the federal prosecutor act more carefully in seeking an indictment with Genson on the team.Genson has successfully represented some of the top entertainers charged with serious felony charges, and top level
syndicate members.
(2)Second, Genson’s expertise in trying his
cases in the press would be a real asset to delay indictment, and impeachment.His
expertise was certainly behind the surprise announcement of the appointment of a prior opponent of the Governor to replace
Obama as United States Senator from Illinois.
The appointment was a mark of a superior litigator. It took the immense pressure off the US Attorney to
seek an indictment, in order to prevent appointment of one of those who had allegedly offered money for the seat.Blog’s appointee had no criminal, or criminally infectious, record
or history of contact with the Governor.In fact, he had run against the Governor.
So, there was no good reason for the Democrat controlled Senate to reject his nomination.In fact, when it did so, the leadership looked so bad, so inept, so racist, so courseless, that the Senate
majority caved within three days and seated the nominee.
Genson
also openly challenged the lack of due process in the rules governing the impeachment trial, rules determined solely by the
Senators who will be the fact finders.I thought his sarcasm was one of his best
defenses.He played out, through the press, the
lack of specificity in the charges which prevented any meaningful defense, thus emphasized the political nature of the charges.The attack on impeachment would roll over on the US Attorney’s charges.
But,
Genson’s real role would begin in the federal building, where the U.S. Attorney had to know that he was up against perhaps
the most formidable defense attorney in town.His presence would force the feds
to be very careful in not rushing an indictment.
Anyone
been curious why there has been such a long delay in producing a Grand Jury indictment?The evidence is scarce.The contents of the court papers surrounding the
arrest do not show sufficient evidence to convince a jury with Genson in defense.
The
contents of the recordings can be explained away by Genson at his best.His explanation
will be as consistent with innocence of the government’s charges as with guilt, and in such cases, the jury will be instructed
to acquit.So, the government is no doubt searching and waiting for the “burning
gun” witness who can say “I was there before the conversation and we discussed the need to sell the position, so the Governor
called _______and attempted to get money for the appointment.”
But
today Genson resigned.That doesn’t leave the Governor defenseless, he is still
represented by a pretty good defense attorney, Sam Adams, and his son.But neither
is Genson.
Was
Genson a victim of a seemingly crazy media blitz?Did the blitz go beyond what
Genson wanted, or could tolerate?Or, was there another reason for the resignation?And, is the Governor still in a good position for acquittal of the criminal charges,
if not the impeachment?More tomorrow, after I am back in the cold of Idaho,
Jon.
Speaking
of cold.Sitting in O’Hare International in Chicago, the cold can actually be
felt through the glass windows on the concourse.Reminds me of the days that
Lodice and I would leave for work at 7:45 in the morning, hearing Dan Sorkin announce that “Temperature in Chicagoland is
minus 37.”Compared to that, the cold of Idaho won’t be all that bad.But, I still miss the excitement of Chicago and Chicagoland.
Living
in this city, watching action like the Blogo case, watching the chess game played by the likes of Fitzgerald, the US Attorney,
Genson, the defense attorney, Adams, the defense attorney, and the coverage by the quality reporters and columnists of the
Tribune and the Sun Times---I miss it all---even the dramatic, rather than mundane, cold.
Strange that Sharon Tate, born this day in 1943 had nothing on our "WORTH READING" history about being murdered
at the way too young age of 26 by the manson cult. Solely because of this horiffic senseless crime and her mother Doris Tate,
"victim impact statements" were allowed at sentencing and parole hearings by victims and their families. Doris Tate was the
first ever to make such an impact statement, she later said that this afforded Sharon dignity and "helped transform Sharon's
legacy from murder victim to a symbol of victims rights".
We need look no further than the front page of every newspaper in America during
this inauguration to see how far we have come in terms of racial equality. However, if you scan back a few sections , past
the classifieds and comics to the sport section we can see even more evidence of this new movement.
In Tampa Bay the Buccaneers front office made a gutsy and some say bizarre
move. Jon Gruden- winner of Super Bowl XXXVII, coach of one of the best defensive units year after year, and consistently
qualifies for the playoffs without a lot of big name talent, was replaced with 32 year old Raheem Morris.
Just to play devils advocate, what do you think would happen if a coach of
similar quality as Gruden, say, Tony Dungy was replaced with a 32 year old white coach? Probably not a warm welcome.
I know why Tampa Bay hired Morris, I call it the newest rung on the “Dungy
ladder” (diagram of ladder below)
________?_______
___Raheem Morris_
___Jim Caldwell___(Dungy’s replacement)
___Mike Tomlin___
___Lovie Smith_____
___Tony Dungy____
The difference between Dungy and say, Bill Belichick, is exactly the same difference
between Obama and Bush, as a coach and now as president I believe we see two men that teach us to fish so we can continue
to learn better and more efficient ways to succeed. For far too long we have had people in positions of power that feed us
fish so we are content but unchallenged, then when the challenges arrive we just kept asking for more instead of figuring
out a way to change it. The result is my beloved Oakland Raiders, discouraged and disgraced, exactly where the American people
have found themselves.
For all our sakes lets hope this equality movement takes all of America, the
sports nuts and not, back to where we belong to be hopeful and proud!
"Discourage litigation. Persuade your neighbors to compromise whenever you can. As
a peacemaker the lawyer has superior opportunity of being a good man. There will still be business enough."
(We are fortunate, andvery pleasedto bring you a new voice on the blog this morning.Patrick Dorinson, is a principal in PD Communications which specializes in all forms of communications for the private
and public sectors.He has served as Communications Director of the
California Republican party where he worked closely with the Schwarzenegger for Governor campaign, and as coordinator for
the victory ofthe Party in 2006.
Yet,
he also served the Clinton administration in communications for NASA, the Department of Energy and the General Services Administration.So, his fine work in communications, his clear, concise voice has served both democrat
and republican administrations.
Dorinson
was graduatedfrom the University of Oregon, receiving a Bachelor of Science
degree in History.A resident of California, his hobbies include reading military
history and the history of California and the American West.
The
initial work of Dorinson which we feature is his view of the “tax” being considered by the federal Environmental Protection
Agency, to be applied to eachhead of dairy cows, beef cattle and hogs.The “tax”, whichisreally a penalty imposeduponthe ranchers and farmers who provide food to the public, has been proposed in order to reduce or mitigate methane gas
as a “greenhouse” gas purportedly contributing to “global warming”.
When
the EPA first announced it was going to take comments on the “tax”, many did not take it seriously.But with the appointment of Representative Henry Waxman as chair of the subcommittee in the Energy and
Natural Resources Committee in the House of Representatives which will hear and promote such legislation, the “tax” takes
on awful economic reality.
Our
regular blog planner, Jonathan Grant, sought permission from Mr. Dorinson to reprint an article which he wrote in December,
2008 regarding the animal tax.His gracious reply gave consent and said “Let
me know how else I can help the cause of protecting the West.”
Jonathan
intends to take him up on that, and we hope to share with you his opinions and outlook on the various issues which create
a stormy future for our farmers and ranchers.
As
background information for today’s reprint, the “proposition 2” mentioned by Mr. Dorinson was an animal rights proposition
requiring an end to small cages for hens which are the center for the huge egg production portion of the California economy.It passed with over 60% of the vote in California.)
GOVERNMENT’S NEW CASH COW COULD BE A COW TAX
By Patrick Dorinson,reprint
of December 17, 2008 article
Communications strategist specializing in political communications and government relations.
Wed, December 17th, 2008 Proposition 2 passed by a huge majority. The poultry industry now awaits its fate which could
include the shuttering of many farms that have been producing eggs in California for over 100 years. But never mind as long
as the chickens are “free to be you and me” as the song from the 1970s used to say.
At the time I warned that the animal
activists’ mission was more far reaching than making chickens more comfortable while laying eggs. They don’t want you to eat
eggs or meat period. They want us all to eat tofu in its many wonderful forms like tofu hot dogs and burgers and my personal
favorite just in time for the holidays, tofurky. Just look at this yummy recipe from the Humane Society’s website and have
your family and friends dive into this for Christmas dinner.
These same animal rights activists have formed an unofficial
and unholy alliance with the global warming zealots. And they are embarked on a crusade to rid the planet of all products
produced from livestock including, poultry, eggs, beef, and pork.
Pigs and cattle cause methane gas, which is considered
a greenhouse gas, from their belching and flatulence. So do politicians in Washington and Sacramento but no one is suggesting
we shut down Washington or Sacramento.
Just look at this blog entry from Wayne Pacelle the very politically savvy
Executive Director of the Humane Society. He himself makes the link from “eating less meat” and “protecting the planet”. But
the real mission, I suspect, is not less meat, but rather no meat or meat products period. In it he states the following:
“We must eat less meat and other animal products as a nation and as a global community. And we must begin to examine
and adopt policies that do better for the environment and for the extraordinary number of farm animals raised and slaughtered
every year. Factory farms need to be regulated like any other industry that pollutes the air, soil, and water, and punished
with strict fines and other enforcement measures when they don’t comply. The Bush Administration wants to give them a free
pass, and the incoming Obama Administration needs to hold them accountable—to protect the planet.”
The story gets
even better. And here is where the two agendas intersect.
The bureaucrats at the United States Environmental Protection
agency (EPA) recently filed a proposed rulemaking on having the federal government charge a fee to farmers and ranchers to
mitigate the methane gas their animals produce.
Enter the “cow tax”.
For farms or ranches with more than 25
dairy cows, 50 beef cattle or 200 hogs an annual fee of $175 per dairy cow, $87.50 per head of beef and $20 for each hog would
be charged. So if you had a herd of 1000 dairy cows it would cost you $175,000 per year off the top!
Naturally PETA
agrees with this proposal. Look at what they have said:
“It makes perfect sense if you are looking for ways to cut
down on meat consumption and recoup environmental losses," said Bruce Friedrich, a spokesman in Washington for People for
the Ethical Treatment of Animals. "We certainly support making factory farms pay their fair share," he said.
Read
the whole article here.
EPA officials are downplaying this report and say it is only for large operations. Yeah right.
When the government smells a “cash cow” they will milk it right down to the family farmer who will then go out of business.
Is
the federal government now going to tell us what we can eat and in what quantities? This is akin to the radical environmentalist’s
dreams of having the federal government tell Detroit what kind of cars they can build for us to drive.
Think the state
has budget worries now? Wait until a “cow tax” kicks in and the industry is eviscerated. And where does our very own Senator
Barbara Boxer stand on this issue? She is now the Chair of the Senate Environment and Public Works Committee and would have
a big say on whether or not we have a “cow tax”. (The ironic thing is that Boxer hails from Marin County which was the birthplace
of California’s dairy industry!)
What does Governor Schwarzenegger say about this threat to a key California industry?
And what about Mary Nichols, head of CAL EPA, where does she stand?
And what about President-elect Obama? Where does
he stand? Will his new “green team” at EPA try to push this through?
And how about the voters of Iowa who launched
his winning campaign last January? Are they in favor of a “hog tax”?
What say you voters of Colorado, who went for
Obama? Is this what you had in mind for the cattle industry in your state? You know what this will cost you in economic activity?
These
questions need to be asked and these politicians need to go on the record about where they stand. Do they stand with the hard
working men and women of America’s cattle, dairy and hog farms and ranches that put food on our tables? Or do they stand with
the city slickers, vegans, animal rights activists and the elitist coastal environmentalists who want to regulate every facet
of our lives and sacrifice the American way of life on the altar of their new religion?
The bottom line is this --The
dairy and beef cattle industries are a part of America’s and California’s past and present. But will they be a part of our
future?
If some environmentalist and animal rights activists have their way, it is doubtful either will survive. Time
to put an end to this environmental/animal rights jihad against juicy hamburgers, well-marbled steaks, sizzling bacon and
plump pork chops. If we don’t, pretty soon we will hear the waiters in our favorite restaurants saying…”How would you like
your tofu steak prepared?”
Attorney urges counties to assert their rights in public land decisions
Written by MIKE FERGUSON, Baker City Herald January
14, 2009 03:31 pm
Fred Kelly Grant tells local audience that counties can influence decisions http://www.bakercityherald.com/News/Local-News/Attorney-urges-counties-to-assert-their-rights-in-public-land-decisions
Nampa-based attorney Fred Kelly Grant used to prosecute organized crime in Baltimore before he became president of Stewards
of the Range, a group that helps local governments coordinate land-use actions taken by federal agencies. The only difference
between the Syndicate and the federal government, Grant quipped, is that “the Syndicate is better organized and more efficient.”
Grant, 72, spoke Tuesday in Baker City in front of about 55 people on coordination, a strategy he says is a more effective
way for local communities to affect federal land-use decisions on public lands. A community writes a coordination plan,
which Grant said the federal agency must be consistent with as it takes its actions. It gives local government a seat at the
table while policy, such as the Wallowa-Whitman’s pending Travel Management Plan, is being made. Currently, Baker County
enjoys cooperating status in the Travel Management Plan process. A former timber executive, Bob Messinger of Summerville,
represents Baker and four other counties as a team of Forest Service employees is writing an environmental impact statement
for proposed closure of all or part of about 4,100 miles of roads within Oregon’s largest national forest. “I am not opposed
to cooperating with agencies, but not cooperation alone,” Grant said. Language about coordination
is found in many laws important to natural resource producers, he said, including the Clean Water Act, Clean Air Act and National
Environmental Policy Act. “Woodcutting, mining, berry-picking — every multiple use is identified in statutes which the
Forest Service is mandated to implement,” he said. But coordination is a tool reserved for local governments, Grant said,
producer groups and environmental groups aren’t allowed to use it. Grant contends the water crisis in the Klamath Basin
could have been averted if the adjoining counties — some already had coordination plans in place — had used the process.
“I spoke to (then Interior secretary) Gale Norton before she left office,” Grant said. “I asked her what she would have
done if the counties called on her to coordinate. She said, ‘I would have had to go to the table and make our actions consistent
with their policy.’ That is a tragic lack of understanding of the authority those counties had.” Had the coordination
strategy been available sooner, “we’d still have timber sales on the national forests and no huge decrease in grazing” on
Western lands, he said. Grant peppered his talk with anecdotal information about how communities have used coordination
to assert themselves in federal matters. One of the most unusual examples is the Bruno Hot Springs snail, which Grant
said was placed on the endangered species list solely because a vacationing university professor saw fewer of the tiny creatures
a year after he first observed them. The listing had repercussions for both farmers, who depended on irrigation water, and
ranchers, whose cattle were excluded from the snail’s habitat. In the end, the U.S. Department of Fish and Wildlife —
with help from the affected county — devised a way to restore the aquifer, “which was the problem in the first place,” Grant
said. Ken Anderson, ranger for the Whitman Unit of the Wallowa-Whitman National Forest, told the group that while he hasn’t
worked “with a county that exerted the coordination standards you are talking about, I do have substantial experience working
with counties doing what you are talking about.” It’s a system that can work — so long as communities are willing to work
at it, Anderson said. “There’s no question that it’s critical that locals know what they want,” he said. “When they don’t
know, they can’t help the agency. We have an audience we are dealing with that is much larger than the local audience. “There
is an absolute important value to you working in collaboration as to what you want and need with the public lands in your
community. “It is also critical as you coordinate with the agency that you go in with a problem-solving approach, because
what you visualize may not be possible on public lands” After Grant finished his presentation, commissioners from other
Eastern Oregon counties — Mike Hayward from Wallowa County, Mark Davidson of Union County and Boyd Britton of Grant County
— together with Colby Marshall, the natural resources adviser for Rep. Greg Walden, R-Ore., weighed in on what they’d heard.
Hayward, for 12 years a county commissioner, said that while Wallowa County has enjoyed “modest success” using coordination
and “it’s easy to see how coordination works on an action an agency is proposing, what is hamstringing our area is inaction
by federal agencies, like not putting up timber sales. How do we use coordination to move that ball forward?” Grant said
the agency must prove it took no action because there’s a law that prevents the agency from taking an action. “If you find
a little issue you can require them to take action on,” he said, “it becomes easier for a bigger action.” An example,
he said, is juniper control: a 40-acre start-up project could mushroom to something 10 times that size, he said. When
Baker County Commissioner Carl Stiff asked, “What if they say they have no money?” “The statute says what’s practicable,
not what’s practical,” Grant replied. “It doesn’t matter whether they say they have the money. They have it somewhere. Every
agency has money it can call on to facilitate compliance with the law.” In response to a question from Nancy Peyron of
Baker County, Grant said Owyhee County in Idaho, his home, will be using its coordinating status to deal with Idaho Power
Co.’s proposed 500-kilovolt line, which, if approved, would pass through both Owyhee and Baker counties. “Our concern
is that they aren’t following the original corridor as it was originally set out,” Grant replied. “If they had done that,
they wouldn’t be disturbing private property. “If the counties along the corridor require coordination, it would present
(Idaho Power) with such a problem that eventually Idaho Power, which doesn’t like confrontations, will do it the easy way.
“People talk about getting together as a region to coordinate, but no, each county has to coordinate (separately). Don’t
wait too long,” he advised, “on the Idaho Power corridor.” Marshall, Walden’s aide, said he liked what he heard during
Tuesday’s meeting. “For the communities in the (2nd Congressional) District, where there are community groups established
that are working with local government, it gives local government credibility moving forward,” he said. “They can say, ‘It’s
not just my idea. This is the product of debate and the ideas that have emerged.’ ”
Due to popular demand again i am leaving up the 2 blogs from Jan 13th and giving you a thought for the day to reflect
on, also a big thank you to the senators who voted yes on the public lands bill S22.
Thought for the day :JAN 15 2009 " When all is said and done, too many people keep on saying and doing. "
BEWARE OF CALLS FOR A CONSTITUTIONAL CONVENTION---THE
WORST NIGHTMARE OF OUR REPUBLIC
Apparently, another attempt will be made in this
session of the Ohio legislature to secure a legislative call for a constitutional convention, purportedly to seek a balanced
budget amendment.If you live in Ohio, use every means of communication at the
disposal of you, your family, your friends, and those you hardly know, to urge members of your legislature to drive a stake
through the heart of this menace to the Republic.
In December, 2008, an effort was turned away
in the Ohio House by well prepared, wise witnesses who pointed out the dangers of such a convention.If the legislature, by some strange turn of events, should this time pass such “call”, then do as Frazier
once warned a fleeing suitor of Rebecca on Cheers, “Run, run, as fast as you can” and seek cover from the fall out.
In all the years of our history, including the
threat to the Republic posed by the Civil War, has there been such a pernicious weapon to be launched at our Constitutional
form of government.
There are some myths that are posed by those
who seek a constitutional convention.They can, and must be dispelled, by those
who can still read and understand.
First, if enough legislatures call for a constitutional
convention to consider a balanced budget amendment, the nature of the convention will be limited to that amendment.Balderdash.That is an absurd conclusion.History itself shows that the conclusion is delusional.When
the members arrived in Philadelphia in the 1780s, they arrived for the purpose of amending the Articles of Confederation,
not for the purpose of drafting a constitution.
The delegates were there with instructions to
find a cure for the currency problems which plagued commerce among the states, to find a way to fund a standing army, to find
a way make uniform rules of interstate commerce, and to find a way to lay a tax on the states---all without creating a stronger
central government.In my early days, I spent hundreds of hours toiling through
the journals of the congress which drafted and enacted the Articles of Confederation, in order to write an Honors Program
Paper “The Genesis of the Articles of Confederation” as, what I thought would be, the culmination of my constitutional history
specialty at the College of Idaho.But, no, that led only to another Paper detailing
the drafting of the Constitution as a substitute for the Articles of Confederation.
So, I am not guessing and I am not quoting some
other scholar when I say to you that the first Constitutional Convention in this country ran roughshod over the limited purpose
for which it had been called.If anyone tells you that a constitutional convention
can be restricted by its “call”, ask him or her to explain to you why the first Convention veered completely and totally away
from the reason for which it was called, and from the directions the states gave the delegates.If he or she attempts to explain it, ask him or her whether they have read the journals.Ask him or her to explain why the delegates boarded up the hall so that passersby could not hear the deliberations.Boarded up the hall in the miserable heat of Philadelphia, boarded up a room which
is virtually stifling on a summer day even today.
The delegates were sworn to secrecy, and no one
outside the hall knew what was being conceived inside until the deed was done.Keep
in mind also that once the contents of the Constitution were known, ratification was not an easy task.There was not a great swell of desire for a strong central government; just as at the time of the Revolution
there was not a sweeping desire for independence throughout the colonies.
So, our first and only constitutional convention
proved that delegates to a constitutional convention are not bound by any directives given to them by a state.They are free as a bird to amend the basic document in any way they want.They could, today, do the same to our Constitution as the delegates in the first convention did to the Articles of
Confederation.
Second, the proponents claim that the Congress
has ignored the call for a convention because their convoluted counting of various calls through the years add up to sufficient
number to require convening a convention.Core to this argument is their belief
that a state cannot rescind a call once made.That claim is also without merit
in the law.
The question of whether a state can rescind a
call is a matter for the state to decide.In Idaho, for example, the Attorney
General in careful and circumspect manner has rendered the opinion that the legislature can rescind what a prior legislature
has done, just as it can repeal an act passed by a prior legislature.If
this were not the case, a legislature which rendered a call for a constitutional convention would be binding every successor
legislature to that call.So, the first legislature would be rendering the legislative
authority of future legislatures void as to any matter related to a constitutional convention.Such power is not allowed under Idaho law, just as it is not allowed under federal law.One Congress cannot bind a successor, rendering it without authority over any particular question of legislative authority.
So, every state which has rescinded any call
for a constitutional convention made by a prior legislature has negated the impact of that call, and the Congress cannot lawfully
consider a state call if the state has rescinded it. No court will decide otherwise, because such decision would allow today’s
legislature to forever fix the law on an individual subject.Fortunately for
those of us who fully believe in the Constitutional Republic which we enjoy, the Congress knows that to be the law.
Third, the proponents seem to believe that we
need a constitutional convention to save our Republican form of government.Nothing
could be further from the truth.When I read the rhetoric in support of a constitutional
convention to “save our form of government”, I, like Alice believe that things get “curiouser and curiouser” as I live longer
and longer.In all reality, can there be anyone who really believes that a convention
made up of delegates chosen by God knows what method in each state will strengthen our form of government?
What will the California delegation look like,
and what will it be presenting other than same sex marriage, homosexual child parenting rights, elimination of national sovereignty
designations such as boundaries, and elimination of compensation for taking of property so that water can be secured for Los
Angeles and San Francisco and taken from the farmers in southern Monterey County and in the Sacramento delta.If there is a cross-section of delegate selection, there would never be uniformity of result even within
the delegation.
Not to pick on California do I make that suggestion.The same would be true for Illinois, Michigan, Massachusetts, Maryland, New York----every
state in which there is a rural portion of the state and a metropolitan portion which controls most of the vote.Do you believe that residents of Baltimore, Boston, New York City, Chicago, Detroit, Philadelphia and Pittsburgh
would be content to leave the 2nd Amendment as it is now written, or would they amend it to allow gun control because
of their belief that crime can be controlled by hand gun control?Having lived
in two of those cities, and spend considerable time in all of them, I can tell you the answer:they would come out of the convention with a vitally revised 2nd Amendment.
Keep in mind also that right now in the Arkansas
legislature there is a move underway to pass a resolution calling for support of the equal rights amendment for women.The dangers of such an amendment will be left for another time.I thought perhaps we had seen the demise of such radical thought, but not so.But, if there is a constitutional convention, most assuredly the equal rights amendment will be front and
center.The polarization that emanated from the proposal the first time around
will surface again---and no one will be a winner.
Heaven help us, let there be no constitutional
convention.Our first and only convention featured uncommonly wise men; there
would be no way that such a group of scholars and street-smart craftsmen could be put together today in our nation of blended
nationalities and interests---those wise men knew the art of compromise and they exercised it with great tactical skill.
Hopefully, the Ohio legislature will once again
show sense enough to consider issues critical to the problems that state faces, and ignore the calls for a convention.
AMERICAN POLICY CENTER LEAD OPPOSITION TO PRIOR
ATTEMPT FOR CALL OF CONVENTION IN OHIO---NOW PRESIDENT OF APC THREATENED BY SUPPORTER OF CONVENTION.
The American Policy Center, under the leadership
of Tom DeWeese, headlined the opposition to the December attempt by the Ohio legislature to call for a convention.Tom is a student of government and policy with impeccable integrity; he does his background work thoroughly
and his presentations are sound in law and fact.In what he termed a “sledgehammer
alert” he called on citizens to oppose the resolution by which the House in Ohio would have voted to call for a convention.
Every argument Tom advanced is correct historically
and legally.I would go a little further than he did.He contended that with the majority that now exists in the democrat party we might see vast amendments
to the first, 4th , 5th, and 14th amendments as well as the 2nd.I would worry more about what the republicans might do to the first amendment as to free speech, and the
4th, 5th and 14th as to right to privacy and probable cause and due process of law.What I saw evidenced during the past 8 years would put me in fear of losing some of
the very essential protections against an overly aggressive police state.So,
I don’t disagree with his statements, I would just carry them further, and say that no matter which of today’s two parties
would represent the majority at a convention, we would be in a world of hurt.
Interestingly enough, Tom has been called to
task in his arguments by a Mr. Bill Walker who is listed as a founder of “Friends of the Article V Convention” which supports
calls for a convention.In the “sledgehammer” alert, Tom quoted from a letter
which Phyllis Schlafly, of Eagle Forum prominence, says she received from former chief justice Warren Burger of the Supreme
Court.The letter bears the date of June 22, 1988, is addressed to “Dear Phyllis”,
is on stationary of the Supreme Court bearing the name of Burger “retired”.
The letter states that: “there is no effective
way to limit or muzzle the actions of a Constitutional Convention.The Convention
could make its own rules and set its own agenda.”The letter points out that
the first convention went far astray from what its delegates had been instructed.
The letter, or rather a facsimile of the letter,
is posted on the Eagle Forum website for all the world to see.Tom says he has
a copy of the letter in hand, and that he has confirmed its authenticity with Phyllis Schafly.
So, on January 11, Mr. Walker, whose biography
on the “Friends” website points out that he is a former news writer, challenged Tom DeWeese to “publicly refute the [Burger]
letter and declare it to be a fake”.He warns Tom that if he doesn’t do so, Walker
will “state that you [DeWeese] knew the letter was a fake all along.”He urges
Tom to make the repudiation, because he [Walker] doesn’t “like destroying someone’s public creditability [sic]
without giving them [sic] the chance to correct
the error themselves [sic].”
True to his character, Tom responded strongly.He said that he had confirmed the validity of the letter and had no reason to doubt
Phyllis Schafly’s word.He also stated that Walker’s threat to state that Tom
knew the letter to be a fake was a threat to tell a lie, since he had never heard even a word about there being any dispute
as to the authenticity of the letter.He said that if Walker made that statement,
it would be a lie and Tom would sue for slander.
Good for Tom.Stick to your guns.I have referred to the letter in this article too.I do so because I have no reason to doubt that Tom DeWeese did speak with Phyllis
Schafly about the letter, does have it in hand, has seen it on the website, and never had any idea there was any controversy
about the authenticity of the letter.Believing that Phyllis Schafly did confirm
the authenticity as Tom says, I have no reason to doubt her either.
The letter certainly and succinctly presents
the dangers of calling a constitutional convention.Every American who is considering
the issue of a constitutional convention should go to the Eagle Forum website and read the letter.
It will be interesting to see how Walker goes
about detailing his allegations that the letter is a fraud.He had better be
more accurate, and correct, than he is in presuming facts from skeleton court decisions which simply ruled against him without
creating factual statements or presumptions of any kind.On his blog
he discusses the two cases he has filed regarding constitutional conventions.From
the fact that members of Congress chose to defend themselves by filing an answer, he concludes that they admitted violating
the Constitution.From decisions which do no more than refuse to consider what
the courts term a “political question” he concludes that the members of Congress have committed a crime.He makes other presumptive conclusions from technical court denials and refusals to act that are
not even sound logically, much less legally.
If his conclusions of fraud are as porous as
his presumptions of facts, he will not have slandered, but libelled both Phyllis Schafly and Tom DeWeese because he will have
done it in a published writing.The libel of Phyllis Schafly will be per se libel,
with no requirement of proof of damage to her reputation, because it will be accusing her of fraud.
The per se nature of the case will be important
because Walker cannot harm her well founded and earned reputation.So, the per
se nature will allow her to sue and seek punitive damages.I encourage her to
do so.No one, especially a news writer, should be allowed to stifle the freedom
of speech of such a scholar and leader for freedom by threats.
The way has
been cleared for the Owyhee Initiative Bill to pass the
On Sunday, January
11, 2009, at about noon Washington D.C. time, a vote was taken to end the filibuster which tied up the bill at the Committee
level.
Senator Coburn
of Oklahoma was filibustering the entire package of land bills, and from the time heposed the objection to bringing the bill from the Energy Natural Resources Committee to the floor of the Senate, four
days had to pass prior to a vote.That time ended Sunday morning and Senator
Reid called the bill up to end the filibuster.
60 votes were
needed to end the filibuster.Senator Crapo spoke on the floor in favor of freeing
the Initiative Bill from the filibuster, and Senator Risch joined him in support of the Bill.
66 votes were
cast to end the filibuster, so the bill will now come to the floor of the Senate.
Within the next
few days, the Bill will be brought up for a vote on the merits, and there will no doubt be another filibuster by Senator Coburn.But, on another vote to end the filibuster, at least 66 votes are now assured.
Once that vote
is taken, then the bill will be voted on for passage, and easy passage is now virtually assured.
Soeight long years after inception, the Owyhee Initiative is expected to win Senate approval within the next
few days.
Preliminary
work has shown that the House of Representatives is ready to take up the bill as written, without changes or amendments.If that turns out to be so, final passage of the Bill is predicted within the next
three weeks to a month.
The thanks of
all who will benefit from this Bill should go, in spades, to Senator Crapo for his tireless work in the Senate to bring together
the super majority needed to end the filibuster and get the bill to a vote on the merits.
And, thanks
should also go to Senator Risch for casting his supporting vote on his first vote as a Senator from Idaho.
In the House,
both Representative Simpson and newly elected Walt Minnick support the Initiative.
On
January 9, 1913, Richard Milhouse Nixon was born.He would, of course embarrass
himself in Congress by accusing perfectly loyal Americans of being communist.Later,
he would embarrass himself in a campaign against an incumbent California senator that perhaps was one of the sleaziest political
attacks ever launched in this Republic.Later, he would embarrass himself and
Dwight Eisenhower after being named the vice presidential candidate, when unlawful campaign gifts were proven.Then, when nominated by his party to run as president, retiring president Eisenhower, when asked to name
those things that Nixon did as vice president that would qualify him to be a good president, said “well, if you give me a
week or so, I will think of one or two.”
Nixon
lost the race to John Fitzgerald Kennedy, after literally sweating through the first televised presidential debate.He then went on to run for Governor of California against incumbent democrat Pat Brown, and after being
roundly defeated, embarrassed himself in a ranting, rambling, fumbling television interview in which he glared at the cameras
and said “well, the press won’t have dick Nixon to kick around any more.”
Then,
out of the front line, he tucked in and behaved himself while earning party credits by campaigning for any republican who
asked, anyone, anywhere for any cause.He was rewarded with the presidential
nomination and defeated Hubert Humphrey who was saddled with defending the Johnson war record, as McCain was saddled with
Bush in this past year.
But,
of course, once in the trenches again, he could not stay out of trouble, and embarrassed himself and the nation through a
series of taped discussions which proved that he obstructed justice by directing the FBI and CIA to break the law.
He
was impeached by the House of Representatives and, after being convinced by his advisors that he would be convicted in the
Senate, he resigned in disgrace.
Scoundrel?Yes, from the beginning of his career.
Governor
Blagojevich, governor of Illinois considers Nixon to be a hero.On January 9,
the birth date of Nixon, Blagojevich was impeached by the Illinois House of Representatives by a vote of 114-1.
Blagojevich
was arrested on December 9, 2008 on corruption charges brought by the federal attorney experienced in government corruption
cases.He was charged with several offenses, including the attempt to sell the
appointment of a United States Senator to replace Barack Obama who has vacated his seat to become President of the United
States.Obviously, the federal case was announced earlier than the prosecutor
would have liked, because the prosecutor feared that the governor was about to make a tainted appointment.This premature arrest is obvious from the fact that no indictment has been returned even though more than
a month now has passed since the arrest.Portions of the tape recorded telephone
conversations of the governor show talks of needing money and of intending to sell the appointment, laced with profanities.
What
the court documents filed for the base of the arrest do not show is the presence of a witness who can testify as to what the
governor intended during the conversations.
Ironically,
the governor responded to the impeachment news from the James R. Thompson building in Chicago, a building named for the former
prosecutor who secured a conviction of former governor Otto Kerner and several members of former mayor Richard Daley’s staff
for corruption in office.
Meanwhile,
on January 9, 2009, in Baltimore, Maryland, half a continent away, the mayor of the City Sheila Dixon was indicted on several
charges of misconduct in office including misappropriationof funds, theft, and
perjury.
So,
one could easily conclude that it is a date that will be remembered as a date connected with political scoundrels, from birth,
through impeachment, to indictment.
And,
in fact, the truth will support that the first two are political scoundrels: Nixon embarrassed himself and the nation many
times over.Perhaps the greatest embarrassment came when the taped conversations
were released which showed his profanity laced discussions with staff-----demonstrating the interior vile nature of a man
who always claimed to be a family valued man from a solid Quaker background.
Those
conversations evidenced his intent to use the law enforcement and intelligence enforcement agencies of the federal government
to suppress the truth and obstruct justice.That intent was corroborative of
eye witness, participant testimony presented to the House of Representatives by Nixon’s White House Counsel James Dean.Testifying in detail from his notes and his schedule records, Dean laid forth the
entire administration as having shunted national and international issues to the background as the obstruction of justice
was covered up.
Every
charge for impeachment was based upon events coming from the tapes evidencing the efforts by the president to violate the
law.
But,
how about Blagojevich and Dixon?Is it as clear that they are scoundrels? Well, the term means a “dishonorable or unprincipled person,” By the Encarta Dictionary.
Under
that definition, Blagojevich fits the bill, even though his impeachment is shoddy in itself, and the potential of his conviction
is less than good.
But,
the telephone tapes, at least as far as they have been made public in court documents, do demonstrate an attitude toward the
authority of the governor of an important state that is dishonorable, unprincipled at least.The profane statements about potential appointees who wanted the job as Senator, and about the governor’s need to get
money from them for the appointment certainly demonstrate both attributes.No
matter what his intent, statements such as those he made certainly demean the office of governor and the people of the state
who voted for him.His insistence that a medical facility should owe him money
for putting into place a health program demeans the office, whether or not it proves that he took or sought a bribe for the
health program.
As
to mayor Dixon, the charges are certainly not very startling, given the fact that the state prosecutor has been searching
her records, city records, private records and God knows what else for over three years.However, her personal use of gift cards given to the city certainly was unwise, if not downright stupid.If she used those cards to buy personal items for herself, friends, or family, then she is obviously dishonorable
and unprincipled.The people of the city who voted for her deserved better.If she had a personal sexual affair with a highly visible person who does business
with the city, that affair demonstrates conduct far worse than merely stupid----oh yes, it was stupid, but it too meets the
dishonorable and unprincipled test of being a scoundrel.No person elected to
office by the voters should ever create even the perception of a conflict of interest by having sex with a person who does
business with the government.
So,
yes, January 9 can and will be forever linked to scoundrels---Nixon, Blagojevich andDixon.
But,
will Blagojevich be convicted by the Senate, or should he be?Will he be indicted
and convicted of criminal acts, or should he be?
Will
Dixon be tried and convicted of criminal acts, and then denied office, or should she be?
Should
Nixon be remembered for anything other than his savagely embarrassing impeachment and resignation?
And,
shouldn’t judgment be reserved on Blagojevich and Dixon by the public until the evidence is publicly in, admitted into evidence
and put to the test by juries?
And,
shouldn’t judgment on Nixon be tempered somewhat by anything good that he might have accomplished in office?
Discussion
will continue tomorrow, on January 11.But, January 9 was relevant to political
shenanigans.
On October 12, 2007 in a Bay County Florida Courthouse
a blatant example of Justice My Ass occurred at the expense of a 14 year old boy and his family.
Seven guards and one nurse at a Florida boot camp charged
with aggravated manslaughter of 14 year old Martin Lee Anderson were acquitted despite this shocking video. http://nospank.net/7163793.200k.wmv (WARNING CONTAINS VIOLENT AND DISTURBING CONTENT) Guy Tunnell, the Florida department of Law Enforcement
commissioner and former Bay County sheriff who originally opened the boot camp came under fire for alleged conflicts of interest.
No kidding??!! Tunnell also was discovered sending emails to the current sheriff detailing his attempt to withhold the video.
After being removed from the investigation there were reported comments made by him comparing Barack Obama to terrorist Osama
Bin Laden and Rev. Jesse Jackson to Jesse James. Tunnell finally resigned.
Without said video the guards were able to have their own
version of what happened and resulted in an autopsy that stated Anderson died of complications from sickle cell trait, a blood
disorder in which the body produces abnormal type of the oxygen. Sickle cell trait is generally regarded as a benign condition
and rarely causes death. Only after the video of the confrontation was released two months later did the governor order the
body exhumed and a second autopsy performed. To no surprise if you watched it, the new autopsy stated that his death was caused
by suffocation due to actions of the guards. A lack of oxygen was caused by holding his mouth closed while forcing him to
inhale several ammonia capsules one time for close to five minutes.
For arguments sake yes Anderson was in this situation because
he stole his grandmother’s car and violated his parole but look past his troubled history and his braided hair and especially
past the contention that this beating was just business as usual. If it was then god help us if our loved ones make a mistake
and end up under the supervision of people like these.
Which is more
astounding the fact that these eight people were acquitted even after a jury saw the video and
knowing that Governor Bush signed the Martin Lee Anderson Act that prohibits this kind of treatment or the admittance from
the second in command Charles Helms Jr. that if the video had not existed no one would have been charged. Should we believe
that the injustice here is that we know the truth about what happened or that the twelve people that could do something about
it didn’t?
‘ONE WORLD’ GOVERNMENT TAKES MANY FORMSALL OF WHICH ENDANGER PRIVATE PROPERTY OWNERSHIP
(This NEW YEAR we have commenced an analysis of the effort by many organizations to undermine the national sovereignty
of the United States in order to further the agenda of “one world” government.
The effort is pernicious and invades our traditional rights from all corners and through multi-faceted tactics.One element runs commonly through the tactics:the move to take public control of private property.
Some years ago, an intellectual article discussed the fact that the tenacity with which individuals in the United
States held on to and protected their rights in private property hindered the progress of
international cooperation and sovereignty.One point made in the article was
that it would be too costly for government to eliminate the private property ownership through eminent domain, so an alternative
method must be found.The tactic suggested was creation of “conservation easements”.As spelled out, through the purchase of conservation easements one could permanently
control the use of private property, then as the value of the property decreased and the owner of the land itself was forced
to sell, the land could be bought at a greatly reduced price.
In spite of this blatant warning, many landowners still sell conservation easements in order to assure that the use
of their property always stays in agricultural status.They see the easements
as a method of assuring that their property is not developed into more multi residence subdivisions which blight the landscape
in many parts of what were once rural agricultural settings.
Conservation easements are created and sold, even though there are many alternatives which could protect against land
development.They are created and sold even in the face of horror stories of
how land owners eventually lose their land values altogether.
Make no mistake, conservation easements constitute a tactic of gaining public control of private property, making it
far easier to enlarge the agenda of the global enthusiasts.
We started our analysis with an intense, well documented, scholarly article by Vickie Davis exploring the background
of the attack on national sovereignty from many fronts.Each of the attacks can
gain strength only at the expense of the sovereignty of the United States
and at the expense of owners of private property.
Today, we introduce conservation easements into the mix.The following
article has just appeared in one of the largest agricultural newspapers in the state of Wisconsin,
a state where “smart growth” zoning and the spread of conservation easements endanger the rights of rural land owners.
As
the year progresses, we will explore “smart growth” in greater detail, conservation easements, habitat management programs,
and wetland restoration plans in greater detail.We will explore the NAFTA superhighway
which is designed to link Mexico to Canada, with “open” trucking without restriction by U.S. Customs.We will explore the many United Nations and world market programs and projects which share a common element:undermining U.S.
sovereignty.And, we will find that each of the tactics we discuss will share
the common element of threatening the right to own private property.
Join
in the discussion.)
Conservation easement isn't easy
Colorado landowners are facing property losses because they relied on government promises of the value of conservation
easements.
In Colorado, the federal government promised tax deductions up to the value of the loss of development rights if farmers
and ranchers agreed to create "conservation easements" preserving the agricultural use of their land. The state of Colorado
promised tax deductions and tax credits as inducements for creation of the use-preservation easements. The state also offered
the landowners the right to sell their tax credits to third parties who needed tax relief or to the state.
Landowners throughout Colorado who wanted to preserve their land for agriculture signed documents by which they donated
conservation easements to land-trust companies. In return, relying on commitments from the two governments, they took their
federal tax deductions, and they took their tax credits or sold them to third parties.
They followed all the rules: They hired consultants recommended by the land trusts and easement brokers; they hired appraisers
certified by the state of Colorado as competent and ethical; they hired certified public accountants to review the easement
appraisals and make sure the rules were followed; they hired lawyers to make sure the transactions were legally adequate.
Two to three years after creating the easements and relying on the deductions and credits, landowners in southeastern Colorado
were shocked by Internal Revenue Service rulings that the appraisals were overly high and the easements did not qualify for
tax relief.
Demands were made for back taxes plus penalties and interest. Following suit, the state of Colorado questioned the competence
of the licensed appraisers (all those questioned who challenged the state action have been cleared and reinstated) and made
similar demands on the landowners. The third parties who bought the tax credits have demanded their money back.
Now, after relying on the government commitments, the landowners face loss of their property to the U.S. government. The
back-tax demands are greater than the value of the land after devaluation resulting from the conservation easements.
The landowners can't borrow money or sell the property to pay off the tax demands because neither banks nor buyers will
risk dealing with land with the easements in place.
A traditional easement allows an action, such as one landowner allowing a person to cross his or her land. Conservation
easements are easements in name only and were not allowed under prior law because they created a negative - non-use - restriction.
They prevent certain uses of land.
They prevent development of land and take from the landowners the control of his or her land. The easement buyer can decide
on best management practices for the land. If the landowner wants to change crops, rotation or livestock use, he or she may
be forced to obtain permission from the buyer of the easement.
The presence of an agricultural easement lowers the value of the land and availability of operating loans, as it has in
Colorado.
If the owner is forced to sell or lose the land altogether - most likely to the government or easement holder - the sale
or forfeiture terminates the easement. Under the law, the easement merges into the ownership of the land, and the current
easement holder can develop the land in any way it sees fit.
When a government - state or federal - offers tax relief through the use of conservation easements, landowners should shift
the old realty axiom to "seller beware." To ignore the warnings will place landowners in the same boat sinking with Colorado's
farmers and ranchers aboard.
What Congress and the state Legislature put in place as to conservation easements endangers the property rights of every
landowner who succumbs to the temptation, as in Colorado.
I have examined the Wisconsin Working Lands proposal and find it to be very similar to the Colorado situation. There is
no significant difference between the dangers from Wisconsin's plan and those that have affected landowners in Colorado.
Fred Kelly Grant is president of the Texas-based Stewards of the Range.