In a week when Barry The Privacy Slayer took time off from fluffing for the most reactionary Dem in Congress to drive a stake through the Fourth Amendment, I could understand progressives who felt like giving up. The good news is that despite our corrupt political culture and the ambitious Federal "leaders" who manipulate us so they can better serve megacorp Power, we can still win. And across the country – in urban and rural areas, "Red" and "Blue" regions – we progressives are winning. Here’s a round-up of good news from Maine, Philadelphia, California, Humboldt County and Texas, and the tiny town of Felton in Santa Cruz County. Together, we can win — and force our "leaders" to follow.
What’s the good news from Maine? Alternet knows: Maine Jury Says It’s Legal to Protest an Illegal War
The good news, which [the Bangor Daily News] reported on April 30, is that six peace activists were acquitted on charges of criminal trespass for failing to obey a police request that they abandon their sit-in outside U.S. Sen. Susan Collins’ office in the Margaret Chase Smith Federal Building in Maine.
The defendants, Doug Rawlings, Henry Braun, Jimmy Freeman, Dud Hendrick, Rob Shetterly and Jonathan Kreps — dubbed the Bangor Six — were arrested in March 2007 for protesting Bush’s proposed troop escalation and Collins’ continued support of funding for the war. According to Rawlings, "Our case was pretty simple: We argued that we believed we had a right and an obligation to stay in that federal building until Collins heard us out and agreed that the war is not only immoral but illegal under international law." Specifically, they based their defense on the First Amendment’s "right of the people … to petition the Government for redress of grievances," and their belief that the war is being pursued in defiance of Article VI of the Constitution ("all treaties made … under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby"), the Nuremberg Principles and the Geneva Conventions.
After a two-day trial in Penobscot County Superior Court, a jury of 12 citizens agreed and brought back a verdict of "not guilty."
Though Judge Michaela Murphy explicitly instructed the jury to set aside their feelings about the war and only deliberate on the evidence presented during the trial, she did allow jurors to consider whether or not the defendants believed that they had the "license and privilege" to consciously choose to break Maine law because they thought international law was being violated. The jurors decided unanimously that the protesters did, in fact, believe they had that right.
W00t! Now that’s citizen empowerment – the power we local jurors have. The bad news, as the article points out, is that the MSM ignored the whole thing. Of course, the MSM also ignores "jury nullification".
Jury nullification is any rendering of a verdict by a trial jury, acquitting a criminal defendant despite the defendant’s violation of the letter of the law. This verdict need not disagree with the instructions by the judge concerning what the law is, but may disagree with an instruction, if given by the judge, that the jury is required to apply the law to the defendant if certain facts are found.
Although a jury’s refusal relates only to the particular case before it, if a pattern of such verdicts develops in response to repeated attempts to prosecute a statutory offense, it can have the practical effect of disabling the enforcement of the statute. "Jury nullification" is thus a means for the people to express opposition to an unpopular legislative enactment.
[snip]
Jury nullification is a de facto and traditional power of juries, not normally disclosed to jurors by the system when they are instructed as to rights and duties.
Of course, our corporate-owned MSM ignores most of what the Framers taught us — but we don’t need the megacorps to know our own history.
"I consider trial by jury as the only anchor yet imagined by man by which a government can be held to the principles of its constitution."
-Thomas Jefferson, 1789 letter to Thomas Paine
What’s the good news from Philadelphia? Well, the birthplace of the Constitution still has a lot to teach us — and our Senators — about freedom from corporate masters.
He’s Taking Law Into His Own Hands To Help Broke Homeowners Trouble Is, He Is the Law; Philly’s Sheriff Green Doesn’t Do Foreclosures, to Lenders’ Dismay
PHILADELPHIA — Sheriff John Green has spent 37 years in law enforcement. But these days he’s best known around town for the law he won’t enforce.
With the economy soft and thousands of Philadelphians delinquent on their mortgages, Sheriff Green this spring refused to hold a court-ordered foreclosure auction. His move raised eyebrows on the bench and dropped jaws among lenders and their attorneys, who accuse him of shirking his duty to enforce legal contracts.
It also prompted a sweeping, court-endorsed deal, scheduled to go into effect next week, that aims to help homeowners avoid foreclosure. Even as Congress moves forward with a federal plan that could insure up to $300 billion in refinanced mortgages, Mr. Green’s unilateral approach has pushed Philadelphia to the leading edge of local responses to the national crisis
What a lovely way to carry on the legacy of the Boston Tea Party.
What’s the good news from California? Remember how the ex-steroid abuser ex-serial groper Hummer-loving "environmentalist" Governor Ahhnuld wanted to fluff Big Ag by using the light brown apple moth as a Trojan Bug to overthrow California’s strict environmental laws? Ahhnuld’s power grab — declaring a "State of Emergency" to suspend law and regulation — was a textbook Shock Doctrine play.
Only problem for Governor Anschluss and Big Ag was that California’s people and their local represenatives rebelled. Everyone from Santa Cruz enviros to State Senators/Representatives to UC Davis entomologists came out to oppose the "reasons" for California Ag Secretary A.G. Kawamura’s daft plan to repeatedly spray urban and suburban areas with an untested pesticide to control a bug which may or may not be a risk to Ag.
The fact that Secretary Kawamura had earlier boasted to Santa Cruz pesticide activists that the LBAM spray was just the beginning of urban spraying prolly didn’t help Ahhnuld’s Shock Doctrine attempt.
And on Thursday, Secretary Kawamura and the USDA called the whole thing off. All of a sudden, the "emergency" spraying wasn’t needed after all. People power and the precautionary principle defeated Arnold, the USDA, and corporate Big Ag.
That’s great news: California people power strong enough to defeat Big Ag is strong enough to defeat anything else the megacorps try.
The good news from Humboldt County/Texas? After nearly twenty years of struggle and forest occupation and litigation, the Maxxam corporate raiders who took over Pacific Lumber and liquidated employee pensions and much of the Headwaters Forest were driven out of Humboldt County in Federal Bankruptcy Court. The jobs and trees and community Maxxam destroyed may never return — but the survivors have a chance to rebuild their lives without corporate raiders liquidating their world to service far-off bond holders.
The good news from Felton, CA? Locals took back their water system from California American Water: a megacorp that was trying to snap up our public water for private profit.
What’s the good news in your neck of the woods?
[people power image: M.a.c.a.r.o.n.i.]
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I have decided I will look into running for office locally, will let everyone know what’s available and if I will actually run
No ZED but seconds
Evening Kirk looking forward to reading the rest of the post.. I am sure I will not be disappointed like I was yesterday!
Congrats to you both! And perris, good news: I wish you success.
I sure hope none of us ever repeat that experience.
Oh yeah Pups don’t forget to digg DR Murphy’s Post… he as always works very hard to bring us great topics to discuss!
Thank you nahant
Dugg!
Perris good for you! It’s a lot of fun to run for office, highly recommended. If you win the very first time, woohoo! And even if not, you will be getting your ideas out to the community and moving the political center of gravity. Keep us posted.
this is what we have to do with our oil resources, contrary to popular belief, those resources are not the refinery’s they are ours
refineries lease the right to mine our national asset, they are supposed to pay a fee for the right
we need to get them out of our oil just like we need to get them out of our water
here’s what needs to be done;
rescind their contracts for breach, set a percentage profit, they can refine the oil and WE keep it, NO MORE SELLING IT ON THE OPEN MARKET TO OUR ENEMIES
we sell that to ourselves, it comes in at slightly above cost
then we buy what we can’t provide for ourselves on the open market, we contribute that buy to the general reservoir and the price will be determined by the mean cost
and of course anyone speculating on the price of foreign oil will have to take possesion, no more paper ownership of oil
that will get the specualtors out of the market
the profit realized from oil will go towards alternative research, wind, tide, solar, hybrid, etc
we can be energy independant in the span of one two term president
funny, my community seems to be mostly liberal minded but for some reason they vote republican most of the time
I will have to look into what is vulnerable and if I have a shot
will let everyone know
10th Amendment…the one they sometimes tell law students to stay away from or so I’ve read:
” The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”
Really…. think about what that says.
Perris!!! Yeah!!!! Go get ‘em!
Ummm….what are you going to run as?
Smoke-Free four days (cigarettes, that is)
That’s the only good news here.
Beer’s goin’ pretty fast, though.
The good news here in Deadwood city is it is noticeably COOLER…. Thank God… M
You will be happier once you get a few months away from the tobacco… Good Luck and I hope you beat the tobacco companies addictive drug!
dugged
It is? 86 in my house out in the Shores. Awful.
‘lo, Dr.
Nice to see you making sense on a Saturday night.
Thanks, nahant!
Oh – for those in the Bay Area, tree sitters and Berkeley residents have succeeded in protecting a grove of oak trees and forestalling UC Berkeley’s daft plan to build on a major active earthquake fault.
Every Sunday folks gather to support the treesitters. Despite an apparently favorable court ruling, efforts to remove the treesitters continue, and they are being deprived of access to water in temps running over 100 degrees.
If anyone is comfortable going out to the legal rally for the treesitters on Sunday at 2 PM in Berkeley, they’d appreciate the support.
But it is already cooler than last night at 11 pm… It was still 88 … It didn’t breal 100 today .. did get to 97 today though…
It’s kinda rare for me, but today I got lucky *g*
Nice to see you here as well, Julia.
Dr Bong, congratulations! I respect the effort you are making to take good care of yourself.
Nahant, congrats on the breeze.
And Twain, I hope the breeeze reaches you soon!
what other good news to pups have to share?
for pups who haven’t yet commented, this is a great tiem to join us. How has people power improved your part of the world recently?
Something strange. For the last couple of weeks when I click “show text” in a Kirk comment it doesn’t work. It works for everyone else but not you, Kirk. Sorry to be OT but I am wondering why this is.
News said it was 67 in the city, Kirk you must be enjoying the cool down already:>)
Works for me using FF3..
Gee Twain – that’s a new one on me. I’ve no idea. Just off the top of my head – does it happen with other posts on the authors’ own comments?
(or perhaps the poor mice in the servers have found a way to tell me to write less…)
I am very excited not to have to leave town because a stupid moth was not endangering the non-agriculture in my Western Addition neighborhood of San Francisco. Turns out the stupid moth is no danger at all, there was no emergency as Kirk says, and this was just a plan to get Californians used to the idea of urban pesticide spraying — something completely discredited long ago during the Mediterranean Fruit Fly crisis.
Shock Doctrine indeed! Beware of GOPs bearing “solutions” to non-problems.
And — imagine! They’re going to use the same solution that worked on the Med-Fly: sterile male light brown apple moths. Instead of dumping pesticides in our air over our families, homes, gardens, parks, and children. The sterile male rides in to save the day: research thought to take “many years” was somehow accomplished within weeks when Plan A was subject to public pressure. And the pressure was very public; a better bunch of DFHs I never did see.
Scarier than a chemical pesticide, though — this was actually a synthetic pheromone. Who wants their babies to be test subjects, or their pets, or themselves? There were lots and lots of handmade posters in the parks in my neighborhood about the meetings that said “STOP THE SPRAYING OF YOUR CHILDREN!”
When I first saw them I wondered if Bob Barker had somehow run amok.
And with Opera 9.5!
Hey all -
Long time since I’ve commented here.
I’ve been in teh woodshed, but tomorrow is the New York FDL BBQ and meetup.
Anyone going?
Go get ‘em perris!
Hi Kirk!
Indiana recognizes the right of jury nullification in its State Constitution:
Section 19. Criminal cases–Jury determination
Section 19. In all criminal cases whatever, the jury shall have the right to determine the law and the facts.
(my bold)
Arguably, this extends to civil cases as well:
Section 20. Civil cases–Right of trial by jury
In all civil cases, the right of trial by jury shall remain inviolate.
and yes – I *have* gotten jury instructions which point this out…
Good news here tomorrow is FDL BBQ!
Thanks for the wish for breezes. Me, too.
By the way, I like the tree sitters.
All is pretty much ready. Come early if you feel like helping with the party preps, an essential part of the party!
DrB, congratulations! I stopped in January 2007 and have not regretted it once. You are out of the physical woods now, after three days. Just find something to fiddle with — pens and straws and carrot sticks worked for me!
Just your comments. Are you hiding something?:)
Wow, that was timing!
Hi there eCahn!
My DH and I will be there…with black bean burritos and Finger Lakes Reislings.
jayt, that is good news about Indiana – w00t!
I’m bringing beer and a guitar, but I’ll warn you, I can’t play much yet!
damn…caught out again :)
Gave it up in 1985.
But I have the best of luck. I can have a couple of cigarettes at a party if someone else is smoking. experiencce the nicotine buzz, and not have any desire to smoke again afterwards. I do this once or twice/year. Don’t know anyone else who can do this without becoming addicted to smoking again.
sangemon, welcome. I’m happy for the good news about eCahn’s gathering, and I wish her and you and Toby and toby’s DH an all a great time.
*waving*
Today was a busy day, but it’ll be worth it.
eCahn, Toby! i’m talking on the phone right now planning our trip – chocolate flourless torte all made and ready to go.
I found something to “fiddle” with but I can’t discuss it here… mixed company and all.
;~P
I quit so long even the smell of tobacco is horrible. Every once in a while when a friend has a new baby i will try the cigar but I get two puffs and then I deep six it even a $10.00 one!
OMG. Such decadence. Wonderful.
I have really good NYS organic meat, and a small venison loin killed on my property last fall. bluejeansntshort sez he’s just the BBQ man, so I expect it will be done to perfection. Wine is chilled.
ooo, dessert I can eat(I’m off flour these days)…yummy
talking to selise i meant to put in that sentence. We’re carpooling. cameras all charged up, too.
Good news that they they have a not for profit water company and they control their water supply again. Not to far from Felton been there. We are facing similar fight with the same company in an ISJ court battle.
Real good stuff on this post and great research. Thank You. 110 here two days in a row. Climate chage is for real folks.
Wishing all the NY pups a great day. Have a glass of wine for me.
Awesome! Four days! Woo Hoo! I’ve been in that very place. Then Day 5, etc. It’s now 5 + years. It aint always been easy, but it’s the best thing I’ve done for myself (after 47 years as a smoker). These days I rarely even consider having a cigarette and when I do it passes as quickly as it arises. And for insurance, I’ve also always got the numbers in my purse with me of the buddies who helped me the most from Smokers Anonymous.
If your experience is anything like mine, that department will be improved as well!
Well, that’s some cheery news there. Thanks.
and where are all these pictures going to go? Do we have an FDL Get-together Site?
Love your comment, Teddy.
From an organizing perspective, rural health organizers and CA pesticide organizers thought the crazy LBAM plan came from someone who wanted to give us the tools to tear up the blank check Big Nozzle currently has for aerial pesticide spraying in ag areas.
The LBAM plan motivated the Bay Area / Monterey / Santa Cruz residnets to come together against aerial spraying in a way the pesticide activists could never have imaginged. I’m hping some of the legisaltion introduced in Sacramento will pass: it would require residents’ approval before aerial spraying over their homes. Extended to rural CA, that could be a great protection.
I (a female) used to smoke the occassion cigar when I was younger, in public places like high class restaurants, back in the day when it was allowed. Mostly to raise eyebrows. I couldn’t go near a cigar anymore, and my days of acting out are long gone.
Yay, another FDL meetup, can’t wait for the pictures! Hope you all have a wonderful day.
I’m sorry but all the wine I’m drinking is for me. Drink your own. *g* And I don’t have to drive anywhere. Ha!
bigbrother, I wish you all success in winning local control of your water!
Good luck to you, perris. Those Republicans don’t stand a chance.
dmac can’t attend, but she sent flowers today; what a sweetie. I promised her they would go on the serving table, and that someone would take a pic with the arrangement in the center. Could you try to remember to do that? I like to talk too much to take pics.
my local good news… congresscritter stood up to her leadership on FISA, had her staffer suggest people call other critters, and then issued a press release explaining her own opposition…. local bad news: judge overrules mayor, allowing blackwater to open its small Otay training facility, which the mayor had been blocking.
I’ve followed this issue somewhat, since a long-ago former co-worker and later boss of mine was for a time an executive of that PALCO subsidiary of that company. I believe the Humboldt County in question is in California, not Texas, which is the home of the parent corporation.
Don’t worry, eCahn – the DH will take care of pictures so that we have a non-pup photog at work. :)
does this site measure up?
http://www.ykosfdl.blogspot.com
I quit 12/4/74. Of course, I then jumped totally into smoking other substances to compensate.
But even quit those eventually.
Ah well, it was fun once.
yep. i can testify that’s been the death of my freedom from smoking more than once (very slow learner in this arena).
eCahn – i love to take pics. will do.
Blub, that’s great news about your local Congresscritter — I wish the Otay Mesa news were good.
Most excellent site!
Hey perris, what a great idea. All the luck and do keep us up-to-date with your efforts.
maybe we can get the Gropinator to grab a a shovel and shore up the levees in CA… I not expecting much from our future prez.
(yes, I’m still rather peeved with one Democratic nominee)
we will absolutely cherish a link to the photos later.
Thank you – i think i have a pic of you there!
It was some 4 days! Won’t soon forget them.
nothing yet. but i’m a part of a campaign down here to get a progressive for County Commissioner. i’m TRYING. tiny as that is.
hehehe…great site. I was just wondering where we’d park all the pictures. This is going to be really great tomorrow. I’m so much looking forward to meeting everyone.
One key in the campaign was letting the media take credit — Eyewitless Five and their Investigations Unit continues to cover the story because Anna Werner “broke” it on teevee. When a media entity feels ownership, and a particular unit becomes part of the story, they will flog it mercilessly. And CBS5 has done.
All to the good, actually, as it is important to have a media ally, even one that laid off a large portion of excellent field journalists in the midst of the LBAM fight.
apparently, the city can’t arbitrary deny an occupancy permit just because the presumed occupants are fascists. Too bad.
phew! late again!! run perris run!!
You are absolutely correct, and I apologize I was unclear. Pacific Lumber/PALCO is in Humblodt County, CA (though Maxxam got the bankruptcy case moved to the Fedderal Court in Texas). I’m sorry I didn’t make that clear.
As an aside: my mom’s dad sold wholesale lumber in Ohio. FOr years after his death, my grandmother would send notes on the PALCO stationery sent out to the wholesale luber brokers.
I wish I still I had both my grandparents and Scotia had the old PALCO. It would be a better world in many ways. I hope your friend was not among the many who lost much of their PALCO pensions when Maxxam/Hurwitz used much of the fund to subsidize his leveraged buyout of PALCO.
It’s important to remember that the Conservative Uprising started right after Goldwater with local offices, school boards, and county commissions. There’s no way to create a groundswell and a candidate bench without starting at the very basic local level. It is a lot more fun, too, as you can be involved in all parts of the campaign, right?
good luck in your effort, siri!
thaks, Teddy – I was ignorant of that. You learned me.
I know what you mean… the only people I would want to impress are my family and I have already impressed them to the point where who and what I am is more than enough for them… They love me just the way I am and the only thing I like to impress them with is my cooking… which I do on a daily basis:>) My nick name to them is Che’Bill.
Local politics are a lot of fun. You get to meet so many great people and usually the issues are not life and death.
Oh yeah Kirk I meant to mention my friends up that way are just tickled with that ruling… At least for know… You know those Humboldt hippies:>) They sure do like their green stuff!
…and the parties. Don’t forget the parties.
Yes, Teddy..the DH and I have been talking about the fact that we need so much work at the local level to act as ‘feeder’ for State and Federal candidates. How are we going to get “more and better” if we don’t grow our own?
That was great news about Maxxam. That outfit was just evil. The fact that they are bankrupt is such great karma!!!
Kirk – remember when the County Attorney Mark Gallegos sued them so they launched a recall against him as a way to avoid the lawsuit! Ha!
FOR PERRIS!
and all the firepups and blue americans and wheelers and wheelies, and tboggers and shecks digbots and kossacks and …
Yup. You can’t grow a flower from the flower, you need to grow a flower from the roots of the plant.
Katherine I love the site:>)
So…did Raven bail???? Where’s Raven?
I am what I am. Some find it disappointing & some the opposite. I don’t care which. One of the nice things about being beyond middle age & a career that is over. All those ego concerns seem petty.
eCahn et al…I have a hot date with some onions and peppers tomorrow morning, so I’ll sign off and see you all tomorrow.
Are you freaking kidding Arnoold getting his actually dirty. He wouldn’t unless it was Makeup!!
Heya LS.
Well, it seems to say the Constitution can tell the US the limits of what it can rule in or out, and it can tell the States specific things they can’t rule in or out, and anything the Constitution is silent on is left to the several States to rule in or out by law, and anything not ruled out by all that, We The People are free to do.
But I’m not yet seeing how this apportionment of powers applies to the FISA revision text…?
See ya soon.
Hmmm… the article on the Sherrif doesn’t seem to give the whole picture as to what he did, but if it’s true that he illegally refused to obey a court order, then I can’t support that and I don’t think people here should support that.
Whether we like them or not, foreclosure sales are ultimately a distribution of property. All property belonging to US Citizens (and, yes, corporations count as citizens), is protected by the 4th Amendment to the Constition. The people who are (rightfully, of course) up in arms about the US Congress not upholding the 4th Amendment this week, should not be looking the other way or cheering when a Sherriff or any other government actor fails to uphold it. We are a nation of laws, not men. We don’t get to decide what the law is. Ever. Period.
As for jury nullification, people should just remember that when southern racist juries acquitted the murderers of civil rights activists or victims of lynching, that was jury nullification too. It may occasionally have a place, and I can’t judge the jury mentioned in this post because I don’t know the full story, but liberals should be careful about what types of things we praise.
Ok, end of post. You can all call me a troll now.
Yep. Up there, “big trees” has multiple meanings… *g*
Yep. That was a hoot: and when I knew that Humboldt would ultimately move out from behind the “Emerald Curtain” and have a justice system that represented everyone, not just the powers of our “Deep North”.
Maxxam’s bankruptcy is karmic justice, as was the criminal conviction for Millken (who made the leveraged buyout happen), even though the conviction wasn’t related to the PALCO takeover. I just wish Millken had been popped a lot earlier and MAxxam had gone under before they ever had a chance to do the takeover.
Talk about the manic logic of global capital. A whole community and way of life destroyed for folks who had reason to expect heir great-grandkids could still have high-paying rural jobs under PALCO’s careful stewardship of the company forests. PALCO (the old one) rocked – and cared for their workers and the workers’ families.
The whole leveraged buyout/corporate raider crowd have been a great evil. I hope we live to see that predatory capitalism become Federal crime with long prison sentences.
How very true.. my family is what means the most to me… The grand children are the reasons I do what I can to rid us of those who would destroy their future! I want them to have the opportunities that I have had in life! I don’t want the wingnuts ruining this country and the freedoms that our fore fathers out in place for everyone.
You point out good correctives. We sure don’t like it when the other side does it to us.
Still, I’m happy about the items you critize. Call me a hypocrit, but there it is. We’ve lost so much in the past 7+ years, we must look for comfort where we can find it.
Curious connection. My dad was a graduate of the U of MN Forestry school and, after working for a couple of lumber manufacturers and a disastrous partnership in a small town lumber yard (his partner emptied the safe one night and took off), spent the rest of his working life as a manufacturers’ rep in southwestern MN and northern IA. He never had a relationship with PALCO, however, which was a redwood company. He initially sold mainly northern MN pine and when that ran out Douglas fir from the Booth Kelly Lumber Co. in Springfield, OR. His business began to go south when the descendents of BK’s founders sold out to Georgia Pacific in the late 50s, and he retired in his mid 70s about five years later. He came away from his first post-college work experience as a foreman in a northern MN lumber camp with a quite jaundiced view of labor unions after a drunk IWW organizer tried to kill him. That experience may have had something to do with his life-long Republicanism. Ya think?
I guess the point is that corporations are NOT people, no matter what that stupid court decision says. People have lots of rights, and a lot of responsibilities to go along with those rights. Corporations only have one responsibility – to make money. That, in my mind, means they are most definitely NOT people. And I wish that we would do something about that.
As to your point about people NEVER being able to break laws – well, in that case everything MLK did should not have happened. All that Jim Crow stuff in the south was not just someone’s little idea – it WAS the law.
Non-violent law-’breaking’ when the laws are unjust is sometimes the only way to get them changed.
In this case, the corporations ripped off the little guys, and lost all their money. The corporations are being bailed out by the taxpayers – including those same people who are now losing their homes. There is something to be said for basic fairness.
SO I DO applaud this sheriff for his stand. And look what happened. Now, something that should have happened before, renegotiation of the loans, IS HAPPENING!
Hooray!
I read the story about the Sherrif a few days ago. What he is doing is working with the banks AND the homeowners in default in order to arrive at a solution that makes sense for all involved and doesn’t exacerbate an already bad situation.
BTW, laser 72, notice the way that bad behavior and extreme behavior elicits more of same from other side. It’s human nature, unfortuately.
Have you pups talked about this piece from CBS News quoting Obama as saying he’ll work to strip immunity from the FISA bill on the Senate side? [first chance to stop by the FDLake today…been out enjoyin’ the one in front of my window].
Good on you perris, and anyone else who seizes the moment to run for office. Start local, build national. Back in the Pleistoscene when I was still doing political consulting, the most fun was workin’ with candidates for city commissions and such. Real enthusiasm from them, and a real commitment to public service for the community that they cared deeply about.
School boards, park boards, lead to city and county commissions, oh, and there’s township boards, too…. can’t anybody say there’s no place that could use their talents and creativity and energy. [hint, hint…let’s build a whole network of electeds-local]
Prairie Today: Kabuki? Or Real Change? [ooops, I put my link above instead of the CBS link and dinosaur dialup takes minutes not milliseconds to backtrack…you’ll find the CBS link in my homeblog or over at HuffPo.]
Yep. Violence is not an effective recruiting tool: and it is morally wrong. I’m sorry your dad was affected by any form of violence: I wish no one’s family were.
Speaking of stopping smoking, has Obama done it yet?
Yes, I lived in Humboldt for the better part of 27 years so I know exactly what you are saying.
PALCO was a good company. Not many of those around. And it’s unfortunate that they aren’t anymore either.
I wouldn’t as you have the right to your opinion… but the Sherrif was preempting these loan sharks who preyed upon the the people who were being foreclosed… Beside there is nothing in the constitution that gives corporations citizenship… they founding fathers just let that issue go “Let Sleeping dogs Lie”
Here’s the cbs article link direct re Obama’s saying he’ll work to strip telco immunity.
Anybody else thinkin’ that the karma gods are messin’ with Congress when we read reports about more Chinese hacking into capitol computers? Maybe they ought to rethink what they’re squabbling over and get down to real issues that need attention.
I’m thinking that the 4th Amendment “is” delegated to the United States by the Constitution….violating any Amendment, e.g., the 4th Amendment via FISA, “is” a violation of the Constitution, because it is legislation, not an Amendment to the Constitution (therefore, virtually means nothing); the new FISA language, therefore, falls into the category of what is “silent” in the Constitution….what is “silent” is that which they have spun out of thin air now, in the year 2008, that immunity of criminal activities by corporations at the direction of the Executive in the name of the Global War on Terror for example, didn’t exist then; therefore, it has to fall to the States and the people.
So…it is not a federal issue at this point in time, it is a state issue.
By violating the 4th Amendment in the FISA language, immunizing the Telcos on a Federal level is also a violation of the 10th Amendment. It seems to me that the States can say, fork you.
Unfortunately many doubt this… have a look at EW’s posts and comments yesterday, plus Glennzilla.
What is “silent” in the Constitution is that which they didn’t know about then.
too bad Spitzer’s gone. He might’ve arrested Verizon’s CEO just for spite.
That could come up later in history.
Given the choice between getting rid of the telcom immunity and messing with the rest of the bill, I’d take the telcom immunity right now. It cannot be undone once granted.
The rest – well, after January 20, 2009, that CAN be undone with a revocation law. Or a signing statement. Or whatever. Ha!
Ah, I begin to see! So… if state passes a law outlawing what the FISA law authorized ex post facto, then the lawsuits could be transferred to state courts, where discover could proceed, and we’d have on-the-record evidence of the wrongdoing that could be used in (for example) impeachment trials? Is that what you mean?
Yes. I don’t care if he had hookers out the butt…he knows what he knows. He’s still out there.
I don’t know.. I personally don’t want to see more signing statement abuse after January.
laser72, welcome to the discussion (and perhaps to the Lake — I do not recall seeing you here before).
I do agree with you that jury nullification for crimes of violence against persons was used with terrible effect in the civil rights struggle, and I am glad Federal law was (belatedly) used to redress that wrong.
I do not agree with the corporate lawyers’ and propertarians’ fiction that the undead legal entities known as corporations have the rights of living persons. However, I understand how lucrative this fiction has been for the megacorps and their purchased supporters in the Federalist Society and state and Federal government..as well as the corporate-funded “property rights” movement.
The Thom Hartmann article cited above (Legacy of the Boston Tea Party) points out that – having thrown tea in Boston Harbor to fight off the East India Company – the Framers were very suspicious of corporations.
oops – sorry for looong quote…I had intended to use only the first three grafs.
preview is my friend, preview is my friend, preview is my friend.
i still miss “edit”, though.
I don’t either. I think they ought to be outlawed.
But any argument I use with right-wingers includes the axiom that if they really don’t want a “dem-pres” to be able to do this stuff, they should have thought long and hard about it before all the work to make it part of the ‘Unitary Executive’ since it was a given that at some point in the future, ‘they’ would not be in control!
Or just that in addition to the obvious 4th Amendment and Separation of Powers Constitutional issues, the FOSA revision also suffers from a 10th Amendment problem?
I, for one, am glad it was not cut off. I was really glad to read the rest of it. Thank you!
I’m not a lawyer, so I don’t know how it goes, but logic says that the new FISA language is unconstitutional…because it violates the 4th Amendment by allowing violation of privacy…but…it is legislation..a “bill”…not an amendment “offing” the 4th Amendment. You can’t do that. If you do, then you are in another territory all together…BS territory. The way to challenge it is to say…wait a minute…fork you.., because the 10th Amendment says that if the constitution is “silent” on something…the States and “the People” can determine…The use of “silent” seems brilliant…it means that the things that they couldn’t envision at the time, knowing the future would be different, that there were things that they couldn’t address then, would be covered by making a “check” that the things should be examined by the States and the people…NOT the federal government. That seems deliberate.
I’ve had it. Will check in tomorrow morning.
Thanks Kirk I did read that somewhere in the past… I guess my question is How can we right that error? A corporation is just a money machine and any argument to the contray is just wrong… But you know the rich have been feastying on that evre since then… Think Robber Barons! Gee a the great Republican Teddy sure didn’t stand for that… I just hope that that wrong can be rectified!
sleep well, eCAHN: hope you all have a great gathering. Can’t wait to see the pics!
I like it. So…where do we sign up for the lawsuit and how fast can we get the ACLU on this?
Be sure to take lots of pictures to share…wish I could be there.
A very interesting quote, Kirk, I appreciate reading all of it.
Hmmm@119 — I can’t access those from here, but I can infer the analysis. Here’s my take…FISA/telecom immunity is the line in the sand… it is also a test of Obama’s ability to lead and implement the change he says he seeks to bring. This is, for him, a test of not just his ability to “work” but to take a new course away from the corrupt cover-up dictatorial powergrabs of BushCo.
Immunity must be stripped, as a truth and reconciliation-style investigation, at the very least, must occur after the current gang o’thieves is gone. The truth cannot be told if immunity is granted. And tomorrow or next January won’t suffice. It was not pleasant or pretty for the Germans to face their own truths after WW II. We owe history–and our own self-integrity–no less.
Damn I hate dialup….
I don’t know. I feel like a lone voice in the wilderness on this. The 10th Amendment is important. It is the “weirdest” Amendment; but is it a little gem that seems to be avoided. It may be the biggest “little” check on abuse of the constitution that exists. Short and sweet. We don’t know what the future is..we don’t know what will be…but…whatever it is…if it is “silent” in our constitution now….deal with it later in history by giving the “reserved powers” back to the people. That seems to me to fit what we are experiencing now.
What…who…is the DH?
lokywoky, I’m glad my gaffe was useful. nahant, you ask a great question. one answer to revoking corporate personhood is doing so one jurisdiction at a time.
One of the first (2002) was Porter Township in PA:
in 2000, one of the largest sludge hauling corporations in the United States sued Porter Township, claiming that as a “person” the corporation had rights equal to the citizens of the township, and therefore they couldn’t “discriminate” against the corporation under the due process and equal protection clauses of the 14th Amendment, which was passed after the Civil War to free the slaves.
(the full piece from Thom Hartmann is great).
Those who’ve followed Maxxam’s destuction of PL, Scotia, and the Headwaters won’t be surpised to learn that Humboldt County followed in 2006:
(for more info, search alternet for “corporate personhood” or check out this review of Hartmann’s 2002 book
Unequal Protection: the Rise of Corporate Dominance and the Theft of Human Rights
good article on Blackwater’s new Otay training facility
http://ap.google.com/article/A…..gD914FQN88
I don’t know why they’re so hell bent on being in my city, after we nixed their plans for a big rural base.
Well, I’m not a lawyer so I can’t be of much help in the analysis, but from what you have written, it makes sense to me. And one thing I do know is that most of the Constitution and the Bill of Rights does make sense.
I am worried though, that if law students are steered away from the 10th, who would actually have enough knowledge about it to carry this through the courts?
And I wonder…Mike Gravel was advocating for a system that would allow a ‘national referendum’ process. How does that fit with this ‘power to the people’ thing?
At a guess….corporate dominance? Perhaps they want to show they will roll over anyone who opposes them.
Wankers. I hope the city finds a way to rezone the parcel and remove water connections.
They want to get all those brown people coming across the border to take our jobs.
You mean the Spitzer with the Bare Sterns problem?
Kinda the same argument as where to put the spent fuel rods.
Kirk – you are forgetting that the City of Arcata passed an ordinance against corporate personhood much earlier than that – I think it was the late 1980s or early 1990s. Quite a while before any of the others you have quoted…
from your cited article:
Blackwater trains sailors from East Coast bases at its headquarters in Moyock, N.C., where it offers an advanced course using model ships floating in a private lake.
(bold = wrong, just plain wrong).
The privatization of the military’s beginning? Or does the Navy not train sailors anymore?
lokywoky, you’re giving mee too much credit *g* I never knew: that is so cool!
Thanks for educating me. I wonder if Thom Hartmann or the writers cited in the “corporate personhood” search at Alternet know?
I didn’t know about that little jewel. Dang, the forefathers were brilliant!
You don’t think it might have something to do with border patrol?
The Constitution was designed to make sense to “We the People”….that was the point. Why law students were steered away (I can’t cite that right now, but I know it to be true) is interesting…because it gets you out of a logjam, which is what we are in right now. We are in a constitutional and media-driven logjam. It is BS. That is why SCOTUS nominees are so important. Perhaps Obama, whose butt we’ve jumped on in the last 24 hours…being a Constitutional scholar and professor…has this in his hip pocket…maybe not..but I’ve been surprised before…in fact, every day I’m surprised…We shall see…I’m just observing at this point.
Hi, I read this site a lot. I may have post a couple of comments in the past, though none recently. I’m an avid liberal blog reader though I only comment when I have something to say that is in slight or moderate or outright disagreement with the blog post. It doesn’t happen often, though.
In response to the argument that corporations should not be considered citizens, well, first, they are. That’s the law, so until that’s changed that should be followed.
Even if corporations did not have the same status as citizens, I don’t think it’s arguable that corporations aren’t composed of people, or aren’t owned by people. So if property is taken or withheld from a corporation without due process of law, then that property is surely being taken or withheld from citizens without due process of law.
Yeah, there was a big argument about a Circle K store that wanted to put up one of their tacky box places on Samoa Blvd and Sunnybrae. The City told them they had to comply with all the design assistance codes (put siding on the store – no bare concrete blocks, put planter boxes in front, landscape a percentage of the lot, etc) Circle K countered with the corporate personhood thingy, and the City told them to either comply or go away. Circle K said they would appeal. The City passed their no corporate personhood thing. Circle K went away.
I think so, but I’m a dingbat. :)
I respect your opinion.
great news and a great example, lokywoky. Arcata’s been a trail breaker for the rest of us in more ways than I knew *g*
Good post, Dr Murphy.
Been lurking all evening, just cogitating.
Where’s Raven?
Yeah on the Obama thing. If there is one thing I do know about politics – it is that you can accomplish nothing if you don’t get elected. Since he is only the ‘presumptive’ nominee, and his presumptive status is a function of super-delegates, he really cannot afford to alienate them. At least until after the official vote at the convention. SO…you do what you do to get elected, and always have a backup plan for afterwards.
I don’t know if that’s what is going on – but that’s what I’m using.
no Elliot Spitzer, former NY governor. He threatened to take action against the spyin’ telcos before he was ousted for liking the company of hookers too much.
Hi SD – welcome! and thanks.
Hey folks I know a few of you have already Dugg this Post but the rest please take the time to Digg it!
Late Nite Thers upstairs!
Late Night: The Ascension of the Russert
It’s not pretty.
Other option: John McCain
Well, I’ve certainly been wondering whether there are any logic-bombs buried in the text of the bill, so maybe you’re right and the R’s have missed a trick or two that the D’s just kinda slid in there. Personally I wonder whether the passive construction of the phrase “was determined to be lawful” (i.e. how the hell can this be a valid law without saying who’s entitled to make that determination) might be just such a trick, intentionally inserted in order to trip the law up later when the court challenges are, inevitably, brought.
On the other hand, what else might the R’s have snuck in there that cuts the other way…?
Yeah, they passed a “nuclear free zone” ordinance before most people realized exactly what that was.
And they had a city council for a while made up of 4 Green Party members and one Republican. That was really fun – especially when the mayor position rotated to the Republican!
Me too.
I think at this point Kirk probably has it right. They just want to stick it to the city and its people for screwin’ with them. Nobody says no to Blackwater. Note that they could’ve went anywhere in the metro area with their shooting range and instead chose a location in Rep. Filner’s district — the same Rep. Filner who cost them their big East County base. This is all about them giving the middle finger to all of us who fought to chase ‘em out of the county.
I doubt Elliot Spitzer will take this lying down…not in the long run…all will come out. He will make it his mission to get it done.
I know. In intended to put a (g) at the end but forgot.
thanks Teddy. and yes, i believe you are right.
i’ll likely get over this.
i’m just so damned discouraged today. Obama was the “cherry on the sundae” so to speak,
i’ve been way out of it all today, trying to recoup,
like most of everyone else.
Thank you.
hugz
From the article, it also looks like they opened the base they wanted to inflict on San Diego County somewhere in Illinois. Yeah.. privatization of the military and law enforcement under their own fundie flag. ‘dats what they want. Whenever this has been tried in history, it led to a coup.
That whole Spitzer thing was just a little too convenient for me. And the fact that usually it’s the hooker getting all the publicity while the johns are unnoticed, unnamed, and unknown. Except this time – he was on the news and she wasn’t, at least for a while.
Alabama repeat anyone?
More Obstruction of Justice.
Thank you Kirk Murphy. everyone’s words here are helpful to extents i cannot even explain.
thanks!
:)
oh make no mistake. this was a rethug setup. They got wind of his bad habits and made sure they had their spybots waiting for him. The only question is, was it just the state rethugs or was shrubco/roveco involved>
Folks, thank you all so much for taking the time to share your good news and ideas. Thers has a great (nearly :) new post upstairs. Congrats to all of you who are working to make good changes in yuor lives and/or your communities.
The professional pols come and go: our living communities endure. Good on ya’ll for caring about them, one another, and your selves.
I’m off to do some “caring” for the night smelt I brought home Thursday (before they and the fridge need intensive care).
FOr those with time and interest, I encourage you to check out the Thom Hartmann links and run “corporate personhood” through Alternet.
Like slavery, the deadly tyranny of the megacorps and corporate personhood is not a natural law: it is a human fiction. England banned slavery with suprising speed: we can do the same with corporate rule and the fiction of corporate personhood.
And as anyone who ever spent time in Arcata or Humboldt County can tell you, we can have great fun doing it.
Bon appetit!
Thanks Kirk like I said earlier you never disappoint me with your fine POSTS… And boy do they elicit great comments! Enjoy the incoming COOL temps:>)
I sure hope so.
Still, the phrasing about Elliott Spitzer taking things lying down has me smirking and resisting the strong urge to crack wise in some manner incorporating references to black socks. So glad I managed to suppress that.
Tahnks nahant.
W00t! Over the last hour, the house cooled off as the breeze sprang up. Hope it gets to you and the other sweltering pups soon…
Now off for my hot date with the cold smelt….
OH! That’s a big 10-4, loky.
my thoughts on all of that from the VERY beginning.
totally an Alabama slam dunk, i believe.
not too many seem to have caught that.
it’s hard to defend Da Spitz, and I’m not entirely, I just think he was nailed, but same thing with Bill C. I never was really ticked at him for the bj, but was and remained to this day totally disgusted with his choice of playmates.
ya know?
I think now that the veneer that the Democratic Party is the party of the people has been burned away I hoping that more people will become involved in their local politics and turn the tables on the Rethugs. And take the party away from the old guard in the process. Our public schools suck because the school boards want them to suck. It was one of Jeb’s highest priorities – destroy the public school system in Florida. He damn near succeeded. The parents are the only thing that stood in his way.
yeah.. I’m not defending what spitzer did. Dems who do such things ought to be taken out by their own party… we’re better than that. I just think that the rethugs engineered the revelations and took him down, because he threatened them.
But torturing people…
*crickets*
It’s the Repub way…corruption good….any kind of sex good…if you are a Republican…If you are a dem…corruption bad…any kind of sex, good for impeachment. The Dem way…D’OH……
Excellent, perris!
Kirk, thanks for this uplifting post. I’m too late to be part of it, but I’ll catch up with good news and everyone’s comments with my coffee tomorrow morning. Keep fighting the good fight, everyone.
OT, but a very important T:
http://www.govtrack.us/congres…..=hc110-362
Submitted by Rep. Gary Ackerman [D-NY]
they really want to be just as guilty of further warcrimes as the (R) Party, don’t they?
How many cosponsors has the brave Dennis Kuchinich got on his impeachment resolutions?
This is what I was getting at in this post: http://www.tagg-theangrygayguy.com