March 2012
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Month March 2012

Another Legal Question re: Probation Indictment – Hats as a Debate Tool, Bobby Rush the Man

The O’Brien Gang is being charged with racketeering/conspiracy and mail fraud. Nothing else. Not theft of honest services, not bribery, not accepting kickbacks. Nothing else. Racketeering and conspiracy requires more than one person. So, my question is: If O’Brien did this all on his own without help from his two underlings and did not use the U.S. Mail could he be charged with any crime? Same result, just acted alone and didn’t mail any letters. Again, am I reading the indictment wrong? Perhaps the U.S. Attorney has a p.r. person that could provide the answer. Help me, Help me, help me! — Congressman Bobby Rush deserved more respect than he got. BYW he didn’t violate House Rules when using a hat or headgear as a debate aid. Not the same as not showing respect by keeping hats on. Rush totally out-classed the dork with the gavel.

When is a hoodie a hat?

Instead of taking up everyone’s time with their theatrical performance this week, the Supreme Court justices could do something useful and get their fine clerks to start a thread on the SCOTUS blog or Volokh to consider when a hoodie might be a hat. Illinois Democrat Bobby Rush (who defeated President Obama 2-1 in the 2000 Democratic primary for his House district) was ruled out of order this week by Mississippi Republican Gregg Harper for wearing a gray sweatshirt. Here is the text of Clause 5 of Rule 17: Comportment 5. … During the session of the House, a Member … may not wear a hat …. The Sergeant-at-Arms is charged with the strict enforcement of this clause. Was Harper correct? Perhaps a hoodie is a hat in “the wealthier portions of the state capital, Jackson, along with most of that city’s suburbs,” which Harper represents, but it wouldn’t qualify under the rules of baseball. Rule 7.05(a), for example, stipulates: (a) To home base, scoring a run, if a fair ball goes out of the playing field in flight and he touched all bases legally; or if a fair ball which, in the umpire’s judgment, would have gone out of the playing field in flight, is […]

WOW – Together Occupy Atlanta, Georgia Tea Party & Unions DEFEAT SB469!

The police were waiting – with hand cuffs and zip ties.  So many protesters were ready and willing to be arrested to perform civil disobedience to defeat SB 469 that 30 volunteers were chosen.  Of course, there were plenty of Georgians standing tall for civil liberties in Atlanta. Occupy Atlanta was there, the Georgia Tea Party was there too – and so were the unions.  Of course, SB 469 would have made all union picketing illegal.  It also would have madeit an “…aggravated misdeameanor to protest on or near private property,” and the punishment could be a year in prison and fines of $1000.00 per protest per day. Together, the demonstrators declared that they would remember and come out against any legislator who voted for SB 469 as a coalition, without regard for party.  The vote is a powerful weapon when citizens use it. Martin Luther King III put out a petition against SB 469 that gathered 10,000 signatures. “In this bill, Republicans are attempting to cripple the voice of workers.  The payroll deduction portion of this bill is class warfare in its most brutal form and is being perpetrated by the Champer of Commerce.” Jim Daws, President of the […]

Shocker: Bielat’s CD taking Ad Money from Elizabeth Warren

Wonder how Ms. Warren feels about having her ads running on “Sunshine State Sarah’s” blog…Sunny Sarah is Sean Bielat’s new Communication Director…the toast of Florida’s blogging community who’s just moved up to Boston for the Bielat gig. Doesn’t get stranger than this!!! www.sunshinestatesarah.com/

Weekly Joke Revue: “Lawyers Cite Kids- With- Pre- Existing- Conditions- Can- Go- Fuck- Themselves” Clause

Onion: Lawyers Opposing Health Care Law Cite Kids-With-Pre-Existing-Conditions-Can-Go-Fuck-Themselves Clause WASHINGTON—As the Supreme Court hears oral arguments today on President Obama’s health care reform law, plaintiffs aiming to strike down the legislation are citing the U.S. Constitution’s Kids-With-Pre-Existing-Conditions-Can-Go-Fuck-Themselves clause, which decrees that children who suffer from debilitating illnesses prior to acquiring health insurance “should just go straight to hell.” “It explicitly states in Article 4, Section 9 that ‘children with extant disorders unable to pay exorbitant premium fees can just fucking die for all we care, especially the ones with leukemia.’” attorney Paul D. Clement told the nine jurists during his opening statement. “Thus the current law is on its face unconstitutional. The Founding Fathers clearly wanted to force doctors to turn away youth with acute asthma so the nation’s children would turn blue in the face, go into cardiac arrest, and die in their own homes.” Legal experts noted that if this argument fails, plaintiffs would undoubtedly cite the 24th Amendment’s If-You-Don’t-Have-Health-Insurance-Already-You-Must-Be-A-Poor-Fuck-Who-Doesn’t-Deserve-It-Anyway provision. Scalia Unable To Name All 9 Supreme Court Justices WASHINGTON—Associate Justice Antonin Scalia struggled to recall the names of all nine active Supreme Court justices while playing a trivia game Thursday, sources confirmed. “Let’s see, there’s Breyer, […]

Did Justice Department Say “No” to Carmen Ortiz’s Attempts to Indict Mass Politicians? Howie Carr May Be On to Something

Yes siree. Howie Carr raised the speculation of this lovely piece of probation indictment info last week: Apparently, whenever a U.S. attorney wants to indict an elected official, it has to be cleared with Washington. And the rumor is that when the original draft was sent down to Justice in January, somebody high up objected, saying that Boston didn’t exactly connect all the dots. I mean, the quid was obvious — jobs — but where was the quo in quid pro quo? Sooo, if I understand this correctly, The O’Brien Gang is made up of non-elected officials thus a parent’s (or guardian’s) signature from Washington was not required. Hence the cheese selected for this ham sandwich indictment was a bacteria laden swiss cheese with more holes to nowhere than the Kardashian sisters combined.  (yeah that’s right, I playt blue) So why has the Globe not mentioned a thing about the love child they had with the SJC and The U.S. Attorney, I mean the indictments, since the day after they were handed down? Right, like most parents of love children they are ashamed. Not only that, it appears one or more of the participants in this three-way self-indulgent orgy was […]

It is worth taking a look at the larger world once in a while.

If you have 20 minutes, this clip from NBC featuring the narration of Dan Rather shows what is happening in Belorus today.  I am posting it here for the selfish reason that I worry for the safety of my good friend and her family who live there. By the way, this is the Dan Rather that we want to see and hear.http://www.youtube.com/watch?v=Reup4fsgvVQ

Next big cost driver: Climate

Yesterday, the Globe reported on a new special report from the IPCC predicting “an unprecedented onslaught of deadly and costly weather disasters”: “We mostly experience weather and climate through the extreme,” said Stanford University climate scientist Chris Field, who is one of the report’s top editors. “That’s where we have the losses. That’s where we have the insurance payments. That’s where things have the potential to fall apart. “There are lots of places that are already marginal for one reason or another,” Field said. But it’s not just poor areas: “There is disaster risk almost everywhere.” So what was the chance that later in the day I would get a newsletter from my insurance agency warning me to expect my home insurance premiums, which had been mostly steady (adjusted for inflation) over the last ten years, to rise? They blame… the changes in climate that have led to more weather disasters. Just last year in Massachusetts, increased claim payments – exceeding the amount insurance companies took in via premiums – have been required to pay for the damage due to everything from ice dams to tornadoes to the freak October snow storm. The newsletter notes that this has been part […]

Racism, incompetent editing, or nothing?

I, along with the rest of the city of Boston, awoke this morning to a Boston Globe front-page with two above-the-fold side-by-side images of black men — one, a large image of a black teen in a hoodie, the other a small image of an adult black man — and big black headline “Guard chief put on leave amid rape allegations.” Each highlights widespread racist stereotypes. A key issue in the Trayvon Martin tragedy, and in the front-page Globe piece, is the racist assumptions too many Americans make when they see adolescent black males in hoodies. I appreciate the Globe’s effort to put that issue front-and-center. All the same, that racist association is fueled by decades of media stereotypes that greatly exaggerate the criminality of young black males. Short video clips of groups of black men in hoodies breaking store windows and overturning cars are a staple of evening news broadcasts targeted at the white families living in the suburbs. The stereotype of the black male as someone who will “rape our women” is among the oldest and most pernicious of the many aspects of America’s racism. Like most stereotypes, it springs from a kernel of truth (men DO rape […]

Attention Lawyers, Journalists, and BMGers, (But Mostly Lawyers) I Need Help – Ask Carmen Ortiz About the Stryker Case –

How safe is it being a ham sandwich these days? I have read the federal indictment charging former probation commissioner John O’Brien and two underlings with racketeering and conspiracy and I freely admit I must be missing something. Unless I am mistaken, the fact that the probation department is a state run entity with connections to state leaders is a red herring. This can’t be right. Could someone proof read the indictment I have linked to above and explain? The criminal enterprise consisted of probation head O’Brien, his chief of staff, and an employee with over 40 years in the department. Their scam, if I read the indictment right, was to hire some of the people recommended by individuals who have some influence over the department they serve, their careers, how they are perceived by others, and their personal self-esteem. Again I am asking for your help. In return for hiring some of the applicants recommended by persons influential to the operation of the institution the individuals work for, there has to be more of a quid pro quo, right? The indictment says more and I am just missing it, right? Finally, If I am reading this correlctly, the U’S. Attorney […]