Tuesday, June 28, 2005

Tuesday Update 2 - Supreme Court Activity - 6.28.05

Good afternoon . . .

In a flurry of activity, the US Supreme Court ended its business for the 2004-2005 term by issuing orders on several pending cases and accepting some highly contested cases for the new term that begins in October.

In the wake of Monday's rulings on two cases involving the display of the Ten Commandments, the court declined, without comment, to hear additional cases from Ohio and Kentucky on the same issue. For now, the court has spoken on this issue.

In another order, the court will take up a 20-year-old case on whether an anti-abortion group can be prosecuted under federal RICO laws. On two previous occasions, the court ruled that RICO laws did apply, but in 2003 reversed itself.

The case will decide whether Operation Rescue's, and anti-abortion group, use of blockades and other violent demonstrations to protest abortion clinics.

The lawsuit was brought by the National Organization for Women which says the court should rule on the four acts or threats of physical violence that are at the center of the current appeal.

While Operation Rescue hopes the appeal will bring the abortion issue to the forefront, the abortion issue is not at the heart of the appeal. The case is whether Operation Rescue can be sued under RICO laws.

The justices will need to reign in attorneys for both sides if they try to get off the crux of the case and be prepared to answer hard questions from Justices Scalia and Thomas.
Top court to decide anti-abortion group lawsuit - Yahoo! News
Tags: , ,
--
Another case the justices will hear in the fall will determine when people should get a new chance to prove their innocence.

The case involves an inmate on Tennessee's death row who was convicted of sexually assaulting and killing a neighbor. Later DNA test, not available during the trial, proved the semen found in the victim's underwear and nightgown came from her husband.

Last fall the 6th US Circuit Court of Appeals in Cincinnati rejected An appeal in a close 8-7 ruling.

"This will be the first time the Supreme Court considers the impact of DNA evidence on the constitutional right to a fair trial," said Nina Morrison, an attorney with the Innocence Project in New York. "The potential implications are significant."

This will be one of several death penalty cases the high court will hear in the new term.
High Court to Consider Death Penalty Case - Yahoo! News
Tags: ,

-
When Matthew Cooper and Judith Miller return to court on Wednesday, there could be different outcomes. Cooper and Miller are the reporters who were held in contempt by a federal judge for failing to reveal sources in a federal investigation.

The investigation was into leaks that revealed the identity of a CIA undercover operative. Miller and Cooper could be sentenced to 18 months in prison for the contempt charge.

There is speculation that Cooper's employer, Time magazine is considering handing over to the court the documents that will reveal the sources. Attorneys for Time will not comment on the rumor. Ted Olson, attorney for the magazine said, "decisions have not been made in terms of what Time will do if the judge reaffirms the order. Other Time executives have declined comment.

The New York Times said in a statement that reporter Judith Miller would not reveal the source. The statement said, in part, "we fully support the position of Judith Miller and her decision to honor the commitment she made to her sources."
Will Time Inc. Hand Over Documents that Keep Cooper Out of Jail?
--
A reminder that there will be no Updates or Briefings from June 19 - July 2.

Tuesday Update - Networks Hesitant to Air Presidential Address - 6.28.05

Top Story

There used to be a time, not to long ago, when the major networks would delay, cancel, or rearrange theirs schedules to accommodate a White House request for a Presidential news conference or speech. There was no question whether the speech was "newsworthy." It was simple because it was the president.

Now, the major networks, ABC, CBS, NBC, and Fox, are not sure an address by President Bush tonight at Ft. Bragg will be newsworthy. So far, only ABC has agreed to the primetime address. The cable news channels will all cover the speech with extensive analysis and commentary.

In meetings that began last week, network executives and bureau chiefs were not convinced about the newsworthiness of an address so far from the Oval Office. Some are concerned that the White House could turn the speech into a political rally.

The networks are on the wrong side of this issue. During the Clinton administration, the networks jumped at the chance to put Bill Clinton on television. It did not matter what the subject was or whether it was newsworthy, it was Clinton.

With a Republican White House, the networks want to control the message not have the message controlled by the President. Is this another example of the liberal-bias at the networks? Only partially, a change in the primetime schedule is costly. Sponsors need to be compensated for missed commercials and the ratings for a presidential speech are not stellar.

Nevertheless, a speech by the president on a topic as important as Iraq should be covered by the major networks with no thought to newsworthiness or political agenda. It is, after all, a speech by the president.
Tags: ,
--
Other Stories

The long-awaited Supreme Court decisions on the display of the Ten Commandments did not resolve the issue. Instead the court sent a mixed message to proponents and opponents of the displays.

In the Kentucky case, the Court ruled that the framed copies of the Ten Commandments hung in two courtrooms did violate the "establishment" clause of the Constitution. The Court said the displays had an overtly religious intention. In the Texas case, the Court ruled that the Ten Commandments monument on the grounds of the State Capitol in Austin Texas represented neutral, legal intentions.

In the Texas case, the Court ruled in a similar fashion to a Maryland federal court which ruled last week that a Ten Commandments display in a Frederick, Maryland, park was constitutional.

Proponents and opponents of the display of religious material say the decision by the Court does not resolve or clarify the issue. It is likely that future cases will end up before the high court in future terms.
Liberals Frustrated Over Court's Split Decision -- 06/27/2005
Tags: ,
--
While Monday's news concentrated on the controversy over the Supreme Court's decision on the dsiplay of the Ten Commandments, many Americans and some lawmakers are still concerned over last week's decision that would allow a city to seize private property for a commercial interest. One lawmaker is, however, taking action.

Sen. John Conyn (R-TX) has introduced legislation that would prohibit the transfer of private property without the owner's consent if federal funds are used or if the purpose of the seizure is economic development rather than public use.

"It is appropriate for Congress to take action...to restore the vital protections of the Fifth Amendment and to protect homes, small businesses, and other private property rights against unreasonable government use of the power of eminent domain," Cornyn said.

"This legislation would declare Congress's view that the power of eminent domain should be exercised only for 'public use,' as guaranteed by the Fifth Amendment," Cornyn said. "Most importantly, the power of eminent domain should not be used simply to further private economic development."

Conyn's legislation would clarify that "public use" does not include economic development.
Outrage Lingers Over Property Rights Ruling -- 06/28/2005
Tags: ,
--
Following Monday's refusal of the Supreme Court to hear an appeal from reporters who refused to reveal their sources to a federal grand jury, a federal appeals court upheld a civil contempt finding against several other reporters.

Former nuclear scientist Wen Ho Lee filed a lawsuit against the government saying that it violated the Privacy Act by releasing information about him to reporters. According to Lee's attorney's the identity of the sources is critical to his case.

The appeals court ruled the lower court did not abuse its discretion in its finding of contempt for four reporters. The four reporters are H. Josef Hebert of The Associated Press, The New York Times' James Risen, Robert Drogin of the Los Angeles Times and Pierre Thomas, formerly of CNN and now of ABC.

The appeals court did reverse the contempt citation against New York Times reporter, Jeff Gerthm saying there was sufficient evidence to sustain such a conclusion.

The reporters could face fines of $500 per day for refusing to answer questions about their sources.
Contempt Finding Upheld Against Reporters
Tag:
--
There could be an update later today, but there will be no Briefings or Updates from June 29 through July 2 or 3.

Monday, June 27, 2005

Monday Briefing - Ten Commandment Decisions - 6.27.05

Top Story

On the last day of the term, the US Supreme Court ruled in two cases on whether the display of the Ten Commandments in a public place is constitutional. The cases argued earlier in the term were from Kentucky and Texas. The result, a split decision.

In the Kentucky case, the court ruled 5-4 that the display of framed copies of the Ten Commandments in two Kentucky courtrooms was unconstitutional. The courts said that those framed copies could be construed as a government endorsement of religion.

In the majority opinion Justice David Souter wrote, "When the government acts with the ostensible and predominant purpose of advancing religion, it violates that central Establishment clause value of official religious neutrality."

The ruling said only "neutral" displays such as historical context are permissible.

In a separate case, the Court rules that a granite display of the Ten Commandments on the grounds of the State Capitol in Austin was constitutional. This is similar to a lower court ruling issued last Thursday that said a similar display in a park in Maryland was permissible.

For the moment it seems that this court is ruling that the display of the Ten Commandments and, perhaps, other religious symbols may be constitutional depending on the location and nature of the display.

This is a breaking story with more to come later.
Mixed Rulings on Ten Commandments -- 06/27/2005
Tags: ,
--
Other items

A major Internet industry and the hopes of millions of users were dashed by a Supreme Court decision today.

In a unanimous decision, the court ruled that Internet file-sharing companies could be held liable if they intend their software to be used by consumers to swap songs and movies illegally.

The decision sends the case back to a lower court for trial. The court said that there was enough evidence of unlawful use for the case to go to trial.

"We hold that one who distributes a device with the object of promoting its use to infringe copyright, as shown by the clear expression or other affirmative steps taken to foster infringement, is liable for the resulting acts of infringement by third parties," Justice David H. Souter wrote for the court.
Court: File-Sharing Services May Be Sued - Yahoo! News
Tags: , ,
--
In a 7-2 ruling, the US Supreme Court decided police cannot be sued for how they enforce a restraining order.

The court said a Colorado woman did not have a constitutional right to police enforcement of the court order against her husband.

The woman contended police did not do enough to stop her estranged husband from taking their three daughters in violation of a restraining order. The husband was killed in a shootout with police. The bodies of the three young girls were found in his truck.
Cops Can't Be Sued for Restraining Orders - Yahoo! News
Tag:
--
The US Supreme Court declined to hear an appeal from two journalists for failing to reveal their sources in a high-profile federal case.

Matthew Cooper and Judith Miller were convicted on contempt for failing to reveal their sources in a story about a White House leak that revealed the name of an undercover CIA agent, Valerie Plame.

The case will return to the lower court which could sentence the two journalists to prison.

While several states have Shield Laws which allow journalists to refuse to reveal sources in court, there is no such law at the federal level.
US Supreme Court declines journalists' appeal in CIA spy case - Yahoo! News
Tags: ,
--
From the bench, Chief Justice William H. Rehnquist announced the US Supreme Court would be in recess until October 3, 2005. There was no announcement of a retirement.

Speculation is rampant in Washington about the retirement of Rehnquist or Justices Sandra Day O'Connor or Arthur Kennedy.

A retirement announcement could come in a press release or announcement from the White House at a later time.
Tag:
--
More later.

Friday, June 24, 2005

Friday Update - Rumsfeld Rejects Kennedy Assertions - 6.24.05

Top Story

During a contentious Senate Armed Services Committee, Sen. Ted Kennedy (D-MA) continued his never-ending comparison of the war in Iraq to Vietnam. In a rambling, sometime incoherent speech (Kennedy doesn't ask questions), the senior senator from Massachusetts claimed that the war in Iraq has been "grossly mismanaged" and was a "quagmire."

Sitting at the witness table, Defense Secretary responded, "First let me say that there isn't a person at this table who agrees with you that we're in a quagmire and that there's no end in sight."

This did not deter hard questions from other senators and a final "question" from Kennedy. "Isn't it time for you to resign?"

Rumsfeld responded that he had offered his resignation on two occasions, but it was the "president's call to make." The answer implying that the Secretary of Defense did not report to Sen. Kennedy or any other senator. He does serve, like all cabinet members, "at the pleasure of the President."
Rumsfeld rejects notion Iraq war is a 'quagmire' - Yahoo! News
Tags: ,
--
To no one's surprise the White House is standing behind the comments made by White House adviser Karl Rove. In a speech Wednesday, Rove said the reaction of liberals to the 9/11 attacks was to "prepare indictments and offer therapy and understanding to our attackers." Rove's remarks accurately reflect the comments made during the 2004 presidential campaign by John Kerry and other liberals and Democrats.

"I think Karl was very specific, very accurate, in who he was pointing out," communications director Dan Bartlett said. "It's touched a chord with these Democrats. I'm not sure why."

Congressional Republicans joined the White House in standing behind Rove, saying that he was pointing out a philosophical difference between a president who wants to win the war and his opponents who have questioned that approach.

The backing of Rove's statements by members of the House and Senate is in sharp contrast to the response to remarks by Sen. Dick Durbin (D-IL) that compared US interrogators at Guantanamo Bay to Nazis, Soviets, and members of the Pol Pot regime. Not one Democrats made a public statement supporting Durbin. Privately, this writer believes, Democrats rallied around the Illinois democrat.

Under pressure, Durbin apologized on the floor of the Senate for his statements. The script for the apology, complete with tears, was a well-written Hollywood script.
White House Stands Behind Rove Comments - Yahoo! News
Tags: ,
--
As it continues to change its line-up to focus more on news, CNN will drop the "Capitol Gang" from it weekend schedule.

With the cancellation of "Gang" and earlier "Crossfire," CNN has not program with a conservative voice. This solidifies CNN's reputation as a bastion of liberal thought and expression. This move will not help CNN gain ratings or get close to #! cable news outlet, Fox News Channel.
News
Tag:
--
Today is shaping up to be a slow news day for Check This Out! There is unlikely to be a late afternoon update. Unless events warrant, see you Monday.

Please note: There will be no updates on Check This Out! from June 29 - July 3.

Thursday, June 23, 2005

Thursday Update - Dems Want Rove to Apologize or Resign - 6.23.05

Democrats are asking for an apology or resignation from White House political adviser Karl Rove after remarks in a speech on Wednesday evening.

Rove spoke to the New York Conservative Party and reflected on the differences between the liberal and conservative reaction to the 9/11 attacks. Rove said, "Liberals saw the savagery of the 9/11 attacks and wanted to prepare indictments and offer therapy and understanding for our attackers." Conservatives, he said, "saw the savagery of 9/11 and the attacks and prepared for war."

This rhetoric from Rove is nothing news. During the 2004 campaign, President Bush used similar rhetoric to describe the Democrats and their candidate John Kerry. In several speeches candidate Kerry said that the United States should be more "sensitive" to our enemy. Sounds like Rove's speech is right.

Today Democrats are demanding an apology or resignation from Rove.

Leading the attack were far-left senators Charles Schumer (D-NY) and Hillary Clinton (D-NY).

Schumer said Rove "took something that is virtually sacred to New Yorkers" — the tragedy of the Sept. 11 attacks — "and politicized it for political, opportunistic purposes."

"Karl Rove is not just another political operative," added senator Clinton. "He sits in the White House, a few doors down from the president."

Of course, neither Schumer or Clinton have politicized the 9/11 attacks for their own use.

White House press secretary Scoot McClellan came to Rove's defense at Thursday's press briefing saying that the political adviser was "simply pointing out the different philosophies and different approaches when it comes to winning the war on terrorism."

"Of course not," McClellan said when asked by reporters whether President Bush will ask Rove to apologize.
Dems Say Rove Should Apologize or Resign - Yahoo! News
Tags: ,
--
The fun never ends at Chicago City Hall. Over the past month, the city administration has been handling scandal after scandal. From a drug ring in the Water Department to workers falsifying time cards for other workers. It just doesn't seem to end.

Wednesday two more members of the Daley administration left city hall. Inspector General Alexander Vroustouris was forced out of office for "investigative problems" stemnming from his slow progress on earlier City Hall scandals.

The action was a part of the Daley adminstration attempt to stop fruther revelations during a federal probe into the scandal-ridden Hired Truck program. That investigation has resulted in criminal charges agaibst 27 people including several city workers.

Also leaving the Daley administration is Streets and Sanitation Commissioner Al Sanchez. Sanchez is one of the most visible members of the Daley administration, especially during snow storms. Sanchez is responsible for setting up the city's snow emergency system and center. Resports are that Sanchez is retiring, but you can never be too sure.

Both men were praised by Mayor Daley for their service to the City of Chicago.
Chicago Tribune news : News
Tag:
--
In a 284 - 140 vote the US House voted not to cut funding to public broadcasting. Supporters of the left-leaning broadcasters said it demonstrated the enduring public support for programs like "Sesame Street" and the "News Hour."

The House Appropriations Committee recommended that $100 million of the $400 million dollars allocated to the Corporation for Public Broadcasting be cut from the fiscal year starting in October.

It is likely that the battle to fund public broadcvasting is not over. CPB is, generally, forward-funded meaning it is allocated funds years in advance of the actual budget. The reason for the restoration may lie with the forward-funding concept rather than real support for the taxpayer supported liberal broadcasters.
House Won't Cut Public Broadcasting Funds - Yahoo! News
Tag:
--
More tomorrow.

Thursday Briefing - Court Says Cities Can Seize Property - 6.23.05

FLASH UPDATE

One time Ku Klux Klan leader and former preacher Edgar Killen was sentenced to 60 years in prison for the 1964 slayings of three civil-rights workers.

Circuit Judge Marcus Gordon gave Killen 20 years for each count of manslaughter. Gordon said the terms would run consecutively.

Killen, 80, was convicted Tuesday for the killings of Michael Schwemer, James Chaney, and Andrew Goodman.

Judge Gordon said he took no pleasure in the task and that the law makes no distinction of a defendants age at sentencing.

"I have taken that into consideration that there are three lives involved in this case and the three lives should absolutely be respected," Gordon said.

Defense attorney James McIntyre said he will appeal, arguing the jury should not have been given the manslaughter option. Judge Gordon will hear motions for a new trial on Monday.

The slayings in 1964 helped to spur the civil-rights movement and were the inspiration for the film "Mississippi Burning."
Ex-Klansman Gets 60 Years for 1964 Murders - Yahoo! News
Tags: ,
--
Top Story

The Supreme Court ruled on a case this morning that has been anxiously awaited by cities, homeowners, and business.

In a sharply divided 5-4 decision, the Court ruled that cities may seize property over the objections of homeowners and businesses for private development.

As a result of today's decision, cities may now condemn or seize property slated for development into shopping malls and other revenue generating venues.

Writing for the court, Justice John Paul Stevens said local officials, not federal judges, know best in deciding whether a development project will benefit the community. States are within their rights to pass additional laws restricting condemnations if residents are overly burdened, he said.

At issue was the scope of the 5th Amendment, which allows governments to take private property through eminent domain if the land is for "public use."

In a sharply written dissent, Justice Sandra Day O'Connor writes, ""Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms."
Supreme Court Rules Cities May Seize Homes - Yahoo! News
Tags: ,

--
The US Supreme Court struck down a Michigan law that barred criminal defendants from receiving state-paid who plead guilty or no contest who later want to appeal.

The one-of-a-kind 1994 law, designed to clear a backlog of thousands of cases, barred automatic appeals to defendants who plead guilty or no contest. Those defendants may ask the Michigan Supreme Court for permission to appeal, but permission was rarely granted.

Justice Ruth Bader Ginsburg, writing a 6-3 decision, said the defendant in the case was entitled to an attorney.

"Navigating the appellate process without a lawyer's assistance is a perilous endeavor for a layperson, and well beyond the competence of individuals, like Halbert, who have little education, learning disabilities, and mental impairments," she wrote.

Had the justices upheld the law, it would have been copied by several states to relieve the backlog of cases at the appellate level. Seventeen states filed arguments supporting Michigan.
Supreme Court Strikes Down Michigan Law - Yahoo! News
Tag:
--
Always seeking publicity, Sen. Charles Schumer (D-NY) revealed the existence of a letter sent to the White House to encourage the President to consult with Senate Democrats "before" selecting a nominee to the US Supreme Court.

"The way to avoid the divisiveness and discord that occurred over past judicial nominations is through consensus and cooperation in the selection of future candidates," the Senate Democrats said in a letter sent to the White House on Thursday.

While the letter speaks of "bipartisan cooperation," it is not what the Senate Democrats want. They want to control the selection of a judicial nominee. They want to ignore the Constitutional right of a president to select judicial appointments. They wan a liberal on the high court.

The Senate Democrats believe that the "advise and consent" clause of the Constitution means "let us decide who should nominate or we will filibuster them."

Fortunately, the White House is, for the most part, going to ignore the Senate Democrats.

Sen. John Cormyn (R-TX) responded to the Democrats saying they were trying to politicize the process before there was a vacancy on the high court.

"Senior Democrats continue to demand a future role in selecting the president's judicial nominees, while preventing the confirmation of current nominees," Cornyn said.

Both liberal and conservative groups are gearing up for a protracted fight over the next Supreme Court nominee. Depending on who retires, it could be as easy as elevating a current Justice to Chief Justice or it could be another game of "obstruction" and the "agenda of no" to however the president nominates.

A conservative group, Progress for America, has begun to air television ads saying the Senate Democrats "will attack anyone the president nominates." It has been true for almost every appellate judge, it will be true for anyone nominated to the Supreme Court.
Senate Dems Want Consult on Court Pick - Yahoo! News
Tags: ,

--
More later.

Wednesday, June 22, 2005

Wednesday Update - House Passes Flag Amendment - 6.22.05

Good afternoon . . .

The US House passed a constitutional amendment that would give the Congress the power to ban desecration of the American flag. While this amendment has been offered and passed by the House, it is the first time that the measure may also pass the Senate.

Debate on the amendment was whether such a ban would hold-up or run contrary to freedom of speech protections. The measure was passed by a 286 - 130 vote -- eight more votes than needed to pass an amendment to the Constitution. The Constitution requires two-thirds of those present to vote for the measure in order to send it to the Senate.

Supporters of the measure say it reflects the renewed patriotism of the country in the wake of the 9/11 attacks and claim detractors of the bill are out of touch with the sentiment of the American people.

The measure was designed to overturn a 1989 Supreme Court decision that found that flag burning was protected speech and threw out a 1968 federal statute.

If the amendment passes the Senate, which would require 67 votes, it will got to the legislatures of the states. Two-thirds of the states must approve the measure before it can become part of the Constitution.

The Senate is expected to take of the bill after the July 4th holiday.
Tags: ,
--
The former president and CEO of Helene Curtis plans to run for the Republican nomination for governor of Illinois.

Ron Gidwitz who served as the head of the state Education Department from 199 - 2004 leads a coalition of business groups critical of democrat gov. Rod Blagojevich's fees and tax increases.

"We have a governor who doesn't show up at the office in Springfield, doesn't lead the Legislature in a fashion that's going to solve the problems, is fiscally imprudent by borrowing money from the pension funds," Gidwitz said.

Gidwitz is referring to the governor maintaining his residence in a Chicago suburb and working out of an office in Chicago instead of living and working in Springfield, the state capitol.

Gidwitz joins dairy owner Jim Oberweis as Republican candidates. A report on a Chicago television station last week says that former Chicago school CEO Paul Valis may run against Blagojevich in next year's primary. Because Valis left the state to take over Philadelphia schools, there may a court fight over Valis' residency.
Former Cosmetics CEO to Run for Ill. Gov. - Yahoo! News
Tags: , ,
--
Senate Majority Leader Bill Frist (R-TN) was not the only senator attending a luncheon at the White House on Tuesday. Senate Republicans sat down with the president for a policy lunch. Democrats immediately pounced on the meeting to show the Republicans are in turmoil. "This is the first time that Republicans have been in such disarray that they have to go to the White House to have cheerleaders," Senate Minority Leader Harry Reid (D-Nev.) said yesterday. Reid wishes he could go to the White House for a policy lunch. It will not happen in your lifetime senator.

Not since thReaganan administration had the senators gone to thWhitete House for a policy meeting of this extent. President Bush did attend a similaluncheonon Capitol Hill during his first term.

Sen. Norm Coleman (R-Minn.) said the general purpose of the meeting was to "fire up the troops before the next big recess."

Coleman added that Bush focused on "the Senate getting stuff done" but did not interpret the president as being critical of the Senate's pace of productivity. One attendee described Bush's remarks to the senators as covering a "shopping list" of issues.

The most visible outcome of the lunch was Frist's "flip-flop" on the Bolton nomination. Before the lunch Frist hinted that the nomination may be dead. After the meeting with Bush and other Republicnas, Frist said he will continue to fight for the President's nominee.
Bush and Senate GOP lunch at White House
Tag:
--
For you movie buffs out there, here is a link to the American Film Institute's (AFI) list of the top 100 quotes from US films. AFI's Top 100 Movie Quotes
--
More tomorrow.

Wednesday Briefing - Durbin Apologizes - 6.22.05

Top Story

In what may be a surprise to many Senate watchers, Sen Richard Durbin (D-IL) came to the floor of the Senate on Tuesday to apologize for his remarks comparing US interrogators at Guntanamo Bay to Nazis, Soviets, and the regime of Cambodia's Pol Pot.

Before issuing the apology, Durbin restated his press release of Friday saying that his words on the Senate floor last Tuesday were "misunderstood." Senator, they were not misunderstood. Your speech on the Senate floor was clear and unmistakable. There was no confusion. There was no doubt you meant what you said.

"Mr. President, I've come to understand that was a poor choice of words," said Durbin. "Last Friday, I tried to make this very clear that I understood that those analogies - the Nazis, Soviets, and others - were poorly chosen. I issued a release, which I thought made my intentions and my innermost feelings as clear as I possibly could," added Durbin.

If the senior senator from Illinois wants to call it a poor choice of words, so be it. It was his choice of words that are the problem. During the week that passed since Durbin's remarks, no Democrat publicly supported his statement. Durbin's reluctance and refusal to apologize until yesterday, demonstrates tacit approval of his statements by Senate Democrats.

Durbin's apology followed on the heels of a letter written to Senate Minority Leader Harry Reid (D-NV) by Majority Leader Bill Frist (R-TN). Although the letter may have been effective in pushing the democrats to ask Durbin to apologize, it was called "pathetic" by a Reid staffer. In addition to Frist's letter, calls for a censure by former House Speaker Newt Gingrich and a complaint by the Anti-Defamation League plus the White House put Durbin in a "no-win" situation.

While he did apologize for the C-SPAN cameras, it is unlikely that it was heartfelt or sincere. It is unlikely to help Durbin in the 2006 election. He may win the primary, but a solid Republican candidate with ties to the military and the Jewish community will soundly defeat Durbin. At least, that is the hope of patriotic Americans.

Will Durbin pick his words more carefully in the future? No, he doesn't believe his statements were wrong.
Durbin Apologizes on Senate Floor for Nazis, Soviet Gulags Remark -- 06/21/2005

--
With all the controversy surrounding comments made by DNC Chairman Howard Dean and Sen. Dick Durbin (D-IL), democrats were careful to avoid public statements and the media at a fundraiser Tuesday night.

All speakers, including Dean and Durbin refused to take questions from reporters before or after the vent.
Dean, Durbin Avoid Reporters, Controversy at Fundraiser -- 06/22/2005
--
In order to waste more taxpayer dollars on useless commissions and hearings, House Democrats are calling for a commission on "prisoner abuse."

House Minority Leader Nancy Pelosi (D-CA) and Henry Waxman (D-CA) announced the introduction of legislation that would set-up such a commission. Neither could provide information on how the commission would be funded or who would be placed on the commission.

Pelosi could only offer criticism of the Bush administration and the U.S. military.

"It is a disgrace that the matters relating to the treatment of detainees have not been meaningfully investigated by this House," Pelosi said.

"The treatment of detainees is a taint on our country's reputation, especially in the Muslim world, and there are many questions that must be answered," Pelosi said. She said the safety of the United States "depends on our reputation and how we are viewed, especially in the Muslim world."

Neither Pelosi or Waxman have visited any prison in Iraq or Guntanamo Bay to see first hand the condition of prisoners.
Democrats Call for 'Prisoner Abuse' Commission -- 06/22/2005

--
By the end of next week, the US Supreme Court should issue its ruling in two cases involving the display of the Ten Commandments. A federal court in Maryland may have "jumped the gun."

In its ruling Tuesday a federal district court in Maryland said that a Ten Commandments memorial sponsored by the Fraternal Order of Eagles (FOE) in a park in Frederick was constitutional.

"As there is no evidence of religious purpose for Frederick's display, and no indication that its secular purpose was insincere, the Court finds that Frederick had a secular purpose in displaying the monument," the court said in its ruling.

"In light of these historical and secular considerations, and the FOE's freedom to remove the monument at any time, no reasonable observer would believe the continued display on the Memorial Ground was intended to advance religion," the court added.

In light of this ruling, it will be interesting to see how the high court rules on its cases from Kentucky and Texas.
Maryland Court Rules Ten Commandments Display Constitutional -- 06/21/2005
--
Many of the laws passed by state legislatures go into affect on July 1. For most states, this is the date the new fiscal/budget year starts providing funding (sometimes) to new initiatives. Other states allow laws to go into affect 90 days after passage or on Jan 1 of the following year.

In California, Montana, and New Mexico new laws will go into affect to further protect children and communities from sex offenders.

Several states including Indiana, Kentucky, and Georgia will have laws in place to restrict the sale of certain cold medicines. These medicines include an ingredient used in the production of methampheatamine.

Several states passed laws that will strengthen auto safety including laws banning the use of cell phones while driving, a law requiring a child alarm in day-care vans, a law requiring children to be in a safety seat until the age of 8, and a law requiring headlights to be turned-on whenever the driver uses the windshield wipers.

For a complete list of laws in your state go to stateliness.
--
More later.

Tuesday, June 21, 2005

Tuesday Update - Frist "Flip-Flops" on Bolton Nomination

Good afternoon . . .

UPDATE
An 80-year old former Klansman and preacher was convicted on manslaughter By a Mississippi. Edgar Ray Killen was convicted of three counts of manslaughter in the 1964 killings on three civil rights workers, James Chaney, Andrew Goodman, and Michael Schwemer.

The jury rejected pleas for a murder conviction, but rejected defense claims that Killen was not involved in the killings.

Circuit Judge Marcus Gordon said sentencing would occur later in the day. Killen seated in a wheelchair was taken into custody.

Relatives of the slain civil-rights workers were present in and near the courtroom, but not all of them saw the verdict as a victory.

Rita Schwerner Bender, praised the verdict, calling it "a day of great importance to all of us." But she said others also should be held responsible for the slayings.

"Preacher Killen didn't act in a vacuum," Bender said. "The state of Mississippi was complicit in these crimes and all the crimes that occurred, and that has to be opened up."

Defense lawyer James McIntyre said an appeal would be filed, noting the defense objected to giving the jurors the manslaughter option.
Ex-KKK Member Convicted in 1964 Killings - Yahoo! News
Tag:
--
One of the reasons Sen. John Kerry (D-MA) lost the 2004 presidential race was his inability to develop or maintain a stance on an issue. He consistently changed sides depending on the latest polls. While this worked well for Bill Clinton, it was a disaster for Kerry.

Changing sides on an issue is no longer the hallmark of democrat presidential candidates, the Majority Leader in the Senate may have caught the same disease.

After failing to reign in support for John Bolton's nomination as ambassador to the UN and close debate in the Senate, Bill Frist (D-TN) said today he would not schedule any further votes for Bolton. It appeared Frist had given up on the nomination, lacked the leadership to press it, and cannot control Republicans. All of which is putting the president's agenda in jeopardy. It will also put Frist's presidential aspirations in jeopardy.

After a meeting with President Bush today, Frist has now changed his mind. Frist will schedule another vote on the Bolton nomination. The timeline is not known.

The president made it very clear that he expects an up-or-down vote," Frist said at the White House, after lunching with the president.

"The decision in talking to the president is that he strongly supports John Bolton, as we know, and he asked that we to continue to work," Frist said. "And we'll continue to work."

If Frist is not able to find the votes necessary to end debate and force a vote on the nomination, his value as majority leader will be over and it will be time for someone else to become leader.

It is certain the Senate Democrats and their liberal friends in the media will jump on this opportunity to show that Kerry is not the only senator who "flip-flops" on an issue.
The president made it very clear that he expects an up-or-down vote," Dr. Frist said at the White House, after lunching with the president.

"The decision in talking to the president is that he strongly supports John Bolton, as we know, and he asked that we to continue to work," Dr. Frist said. "And we'll continue to work."
In Reversal After Bush Meeting, Frist Will Seek New Bolton Vote - New York Times
Tags: ,
--
I rarely report a sports story in this column. I would consider myself a fan of very few, but one of my passions is open-wheel racing. In particular, Indy car, Champ car, and Formula 1. Formula 1 and a few Champ cars races are really about the driving. Instead on four turns per lap, the twists and turns through city streets or on airport runways and it is a little more exciting and challenging than just turning corners.

After last weekend, Formula 1 racing in the United States is a dead sport. The "F1 debacle" as it is called has turned drivers and race fans against the up-scale, luxury racing circuit. It is too early to tell, but the US Grand Prix at Indianapolis may not return in 2006.

On Sunday, as the race was ready to being, 14 of the 20 cars in the race abruptly pulled off the track to protest the poor quality of Michelin tires. Team owners said the Michelin tires were not capable of handling the high speeds in Turn 13. Formula 1 Racing for its part refused to make a compromise that would allow teams to use different tires. Formula 1 said no.

The race continued with six cars using Bridgestone tires that could handle the speed and Turn 13. Thousands of fans left the Indianapolis Motor Speedway demanding their money back. The Speed Channel, the only US channel that coves Formula 1 is, obviously, upset at the teams and Formula 1 Racing.

Today in Paris, the Formula 1 governing body charged the seven teams involved with damaging the reputation of Formula 1 Racing and violating the International Code of Sports. (Whatever.)

The FIA released copies Tuesday of letters it sent to Renault, McLaren-Mercedes, Toyota, Williams-BMW, BAR-Honda, Sauber and Red Bull.

The charges include failing to ensure they had a suitable set of tires, wrongfully refusing to allow their cars to start the race, wrongfully refusing to allow their cars to race subject to a speed restriction and combining with other teams "to make a demonstration damaging to the image of Formula One by pulling into the pits immediately before the start of the race."

The teams also were accused of failing to notify stewards of their intention not to race.

Possible sanctions include fines, docked points or even an order to pay compensation.

Whatever the sanctions, whatever the eventual outcome of any further meetings, Formula 1 Racing has lost it reputation and a large chunk of its fan base, including me. So, so long Ferrari, Lotus, McLaren, and Renault, it's been nice following you for many years, but no longer. I might remove my Michelin tires from my car.

This debacle will not, repeat NOT, make me a fan of NASCAR. As noted earlier, just driving in a circle holds no interest to me.
F1 Says Michelin Teams Damaged Reputation - Yahoo! News
Tag:
--
Even in death, the battle over Terri Schiavo continues. The ashes of Schiavo, who died in March, were buried Monday.

Michael Schiavo angered his former in-laws by not notifying them about the burial and for the inscription of her grave marker, "I kept my promise."

He also listed Feb. 25, 1990 as the date Terri "Departed this Earth." That is the day Schivao collapsed and fell into a persistent vegetative state.

David Gibbs, the Schindler family attorney, said, "Obviously, that's a real shot and another unkind act toward a grieving mom and dad." The Schindler's continue to believe that Michael Schiavo had something to do with their daughter's collapse are do not believe the results of an autopsy that supported many doctors and Mr. Schiavo's claims.

Once and for all, will you people let her rest. As long as the acrimony exists between the families, it cheapens her memory and just makes more money for lawyers. It is time to grieve in peace and let Terri rest in peace.
Schiavo's Remains Buried Amid Acrimony - Yahoo! News
Tag:
--
More tomorrow.

Tuesday Briefing - Frist Seeks Apology - 6.21.05

Top Story

Senate Majority Leader Bill Frist (R-TN) is demanding an apology on the Senate floor by Sen Dick Durbin (D-IL) for his remarks comparing US interrogators at Guantanamo Bay to Nazis, Soviets, and Pol Pot.

In a letter to Senate Minority Leader Harry Reid (D-NV), Frist said that previous opportunities for Durbin to clarify his remarks did not go far enough.

"Subsequent statements by Senator Durbin indicate only that he was regretful if people misunderstood his remarks," Mr. Frist said. "We do not believe his remarks were misunderstood." As reported here, Durbin did not back away from his remarks, but blamed Republcans and the Bush administration for conditions in Guantanamo Bay.

The letter is the latest in a growing wave of criticism toward the Illinois Democrat. The list includes the Anti-Defamation League, White House spokespersons, Sen. John McCain, and former House Speaker Newt Gingrich. Gingrich has called for a censure of the senior senator from Illinois.

Jim Manley, a Reid Spokesperson called the letter "pathetic." "Republicans don't have an agenda, so they are trying however they can to pull attention away from the real problems facing the country," Manley said. "It is interesting to note that reporters got the letter before we did, as far as I can tell."

Actually, it is the Democrats who do not have an agenda, except the "agenda of no."
Frist tells Durbin to apologize on Senate floor-Nation/Politics-The Washington Times, America's Newspaper
,
--
FLASH EXTRA

A jury in Mississippi has convicted a former member of the Ku Klux Klan in the killings of three civil rights workers in 1964.

Edgar Killen was convicted of manslaughter in a case that brings back the memories of the struggle for civil rights in the South.

The 80-year old Killen could receive up to 20 years for each count.

More as this story develops.
Ex-KKK Member Convicted in 1964 Killings - Yahoo! News
--
Other Interesting Items

With both sides pointing fingers, the nomination of John Bolton to be ambassador to the United Nations was blocked by obstructionist Senate Democrats. The vote fell six votes shy of the required 60 votes to close debate.

Republicans continue to claim that Democrats are only interested in blocking a good nominee who is necessary to the administration's goal of reforming the UN.

Democrats blame the president for not during over confidential documents. Documents that would be leaked by the democrats to embarrass Bolton or the President.

The defeat also signals a continued erosion of the leadership ability of Bill Frist (R-TN). Frist was unable to keep all Republicans in line to vote to close the debate.

As noted here yesterday, it is likely that President Bush will give Bolton a recess appointment to the position when Congress leaves for the July 4 holiday. The appointment would remain in effect until January 2007. At that time, the Senate may have a filibuster proof majority.
Democrats Block Vote on Bolton Nomination -- 06/21/2005

--
DNC Chairman Howard Dean told democrats at a fundraiser in Boston that he will continue to use harsh rhetoric to describe Republicans in spite of criticism from inside the party.

"We are going to be much tougher and in-your-face with the Republicans when they say things that aren't true," Dean said, in an apparent response to criticism outside and inside the Democratic Party that he is using over-the-top language to rally his party. Hold on Mr. Dean, are you saying that reports of what you said in typical liberal outlets is not true. Republicans did not report what you were saying, the Washington Post, New York Times, and the Boston Globe did.

Later in the speech, Dean attacked Vice President Dick Cheney's remarks about Dean. In an interview last week, Cheney said, "Maybe his mother loved him, but I've never met anybody who does."

Dean's response show he did not understand what Cheney said. "I don't care if Dick Cheney likes my mother or not; we are going to fight back," Dean said. Cheney said nothing about liking your mother, only that she is the only one who likes you, Howard. Maybe you should find a staff that can accurately report what is being said.

When asked about his remarks about Republicans, Dean declined to answer directly. Instead he blamed Republicans and the "media circus."

Are the Democrats sure they want Dean to lead the party? If so, more races will be lost, and the Libertarians may become a viable party.
Dean raises cash, party spirits - The Boston Globe - Boston.com - Local - News

--
More later.

Monday, June 20, 2005

Monday Update - - 6.20.05

Good afternoon . . .

The Supreme Court today refused to review whether a lower court properly overturned a multi-million dollar settlement between landowners adjacent to railroad right-of-ways and telecommunication companies.

The telecommunications companies, including Sprint, purchased railroad right-of-ways across the country in the 1980's to expand fiber-optic networks. Landowners adjacent to the railroads argued that only the railroads held rights across private property. Landowners filed suit to receive compensation from the telecommunications companies.

A settlement between most of the parties was reached in 2002. Several landowners objected and fought the settlement in court. After several changes, a settlement was approved by a federal judge in 2003.

Again, several landowners objected and appealed the ruling. The 7th U.S. Circuit Court of Appeals in Chicago rejected the lower court's approval of the settlement class. The court ruled the class-action settlement was improperly approved by the lower court.

The decision by the Supreme Court not to review the case leaves the ruling of the Court of Appeals intact.

The case is Sprint v. Smith, 04-1381.
High Court Rejects Telecom Rail Appeals - Yahoo! News
--
Could President Bush use a "recess appointment" to make John Bolton the ambassador to the United Nations? If he does, it would not be the first time president Bush has done so.

Judge William Pryor was given a recess appointment because Senate democrats filibustered his nomination to the bench. Jude Pryor was recently given Senate approval to continue on the bench as his "recess appointment" was due to expire. Under federal rules, the president may make one-year appointments during a Congressional recess. Earlier this year, the Supreme Court ruled that a recess was anytime Congress was not in session.

The White House continues to urge the Senate to give Bolton an up or down vote. Secretary of State Condoleeza Rice said the door is always open to a recess appointment.

If Bolton does receive a recess appointment during the upcoming July 4 recess, it will last until January 2007.

Senate Democrats continue to demand the release of confidential documents. The White House and State Department have said the Senate has received all the necessary documents for the vote.
Bolton may get recess appointment:- - World News - Webindia123.com

--
From time to time, I venture to the National Review's website to find the latest column of founder William F. Buckley, Jr.

The column I found today was a little surprising. It was certainly the normal eloquent prose that readers of Buckley are accustomed to. It was the subject matter that surprised me.

It seems that the Michael Jackson trial and inappropriate verdict has found its way to Mr. Buckley's typewriter. William F. Buckley Jr. on Michael Jackson on National Review Online
--
Pop-ups are annoying. That's nothing new, but some websites are going out of their way to annoy visitors even more.

Case in point is the Drudge Report. As readers may know, this column does not use "exclusive" reports from Drudge. Too many times they are inaccurate or just plain wrong. On one occasion Drudge announced the death of Pope John Paul II 30 hours before it actually happened. That is just one example.

Now the website has new ways to annoy visitors with pop-ups. When first accessing the site, nothing much happens. Then in the status line visitors receive a message saying "pop-ups are being block, please" disable you pop-up software. No, not going to do that. . . wouldn't be prudent. So, to get around that, refresh the page.

That's not the end of the pop-ups. Even with pop-up blocking software, the site sends so many pop-ups at the same time, at least 1 or 2 get through.

Finally, after deleting all the pop-ups, you can click on an article or link and before the linked page appears, another pop-up is in your face.

Bottom line, this write will no longer use the Drudge Report as a link to reliable sources. There are other and better ways to find the information.
--
More tomorrow.

Monday Briefing - Gingrich Asks for Censure of Durbin - 6.20.05

Top Story

The comments made by Sen. Dick Durbin (D-IL) continue to reverberate on Capitol Hill and beyond. Durbin has tried to back away from his comments by deflecting the issue to "lies" told by the Bush administration. As a typical liberal, Durbin is not taking responsibility for his action. It is always someone else's fault. Sorry, Dick, you said it, you own it.

Now, former House Speaker Newt Gingrich is urging the Senate to censure Durbin for his remarks that equate interogation of terrorist prisoners at Guantanamo Bay to the regimes of Hitler, Stalin, and Pol Pot.

Letter to Members of US Senate on Censuring Richard Durbin -- 06/20/2005
--
Surprise, Surprise, Surprise! Not.

Sen. Joseph Biden (D-DE) has announced he plans to run for president in 1008. While the senior senator from Delaware will not make a formal announcement until later this year after seeing what level of support and funding he can find.

"My intention is to seek the nomination," Biden said on CBS's "Face the Nation." "I know I'm supposed to be more coy with you. I know I'm supposed to tell you, you know, that I'm not sure. But if, in fact, I think that I have a clear shot at winning the nomination by this November or December, then I'm going to seek the nomination."

Biden ran for president in 1988, but dropped out because of a plagiarism scandal involving his speeches and writings. It is likely he will have the same problem this time.
Biden to Seek Presidential Nomination
--
As the Supreme Court enters its final two weeks of the current term, the speculation continues about how many if any, justices will retire this year.

Since October, the future of Chief Justice William H. Rehnquist became unclear during his battle with thyroid cancer. While Rehnquist is participating in the writing of opinions and dissents, the 80-year old jurist is said to look frail.

At the end of the term Rehnquist will have served for 19 years on the high court. Will he decide to complete the 20th or retire? Only Chief Justice Rehnquist knows for sure.

Chief Justice Rehnquist may not be the only justice to retire. Speculation is that Justice Sandra Day O'Connor of Justice Arthur Kennedy may also decide to retire at the end of this term.

Whatever happens in the next few weeks will set in motion the most contentious partisan battle in the Bush presidency. Senate democrats have vowed to filibuster any conservative nominee for the Supreme Court. If they keep their word, it will also trigger a vote to change Senate rules to ban the filibuster for judicial nominees.

The White House will only say that it is ready with a possible list of nominees in case of a retirement. If it is Rehnquist, the nod will first go to Justice Antonin Scalia a gifted jurist and administrator. Early speculation also had Justice Clarence Thomas as a contender for Chief Justice. His recent dissent in the cases involving discrimination in jury selection will hurt his chances with liberals and conservatives alike.
W.House mum on possibility of Rehnquist retirement - Yahoo! News
--
The Supreme Court declined today to consider whether hundreds of criminals who were sentenced prior to a landmark ruling on federal sentencing guidelines should received reduced jail time.

Without comment, the justices let stand the nine year sentence of a drug dealing received under the mandatory minimum sentences.

In January, the high court ruled that the mandatory sentencing guidelines were unconstitutional. The reasoning was the guidelines required judges to make factual decisions that affect prison time. Facts that may not be part of the trial evidence.

Rulings by the high court generally do not apply to cases whose appeals are pending at the time of the decision unless there is a "plain error."
High Court Declines to Rule on Sentencing - Yahoo! News
--
The Supreme Court overturned the death penalty of a Pennsylvania man because his trial attorney failed to investigate his background.

In his opinion Justice David Souter said the court agreed with the defendant's claim that a public defender failed to adequately research his background for evidence of mental illness and a traumatic upbringing. The court said this evidence could have resulted in a life sentence.

Even when a defendant in a capital case and his family cannot suggest mitigating circumstances, it is up to the attorney to make a reasonable effort to obtain and review materials that the prosecution will probably rely on during sentencing, Souter wrote.

In this case the defense knew the prosecution would use the defendants previous criminal record, but the public defender did not look at the file until a prosecutor warned, for the second time, that the previous criminal record would be use in sentencing.

The 5-4 decision said that prosecutors must retry the case or give the defendant a life sentence.

In a written dissent, Justice Arthur Kennedy wrote, "The Constitution does not mandate that defense attorneys perform busy work.
Top court overturns death sentence - Yahoo! News
--
More later.

Friday, June 17, 2005

Friday Update - - 6.17.05

US Catholic bishops meeting in Chicago voted by ballot on whether to extend the policy adopted in 2002 to permanently barring sex offenders from church work.

Surprisingly many of the bishops were looking for a change in the policy to allow some offenders the opportunity to practice their ministry. They believe that the policy violates Church teachings on redemption and forgiveness. This writer is a little shocked that the bishops would consider such a change. Recently the Diocese of Covington (KY) established a multi-million dollar fund to pay the victims of priestly sexual abuse.

While this fund covers decades of abuse, it also demonstrates the Church would rather pay itself out of a problem than solve it. The policy to bar sex offenders is the only policy that will go toward a solution. If the bishops are concerned with redemption and forgiveness, they are welcome to forgive whoever they want, but these people do not belong in ministry to adults or children.

Church leaders, on the other hand, say that now is not the time for any changes. Well, at least someone is thinking.

One of the proponents of change is Chicago Cardinal Francis George. Cardinal George believes the policy is "draconian" but necessary. "Our real convictions come from the failure of oversight of priests by bishops in the past, and the concern of parents and the protection of their children," George said.

Victims groups are still concerned about the prelates enforcing the policy. They say the church leaders cannot be trusted to oversee the policy and act accordingly. But George said anyone who considers this policy weak, "should talk to the priests who have been affected by this."
Bishops Vote on Ban for Abusive Priests - Yahoo! News

--
The US House has passed a measure that will tie payment of dues to the UN to reforms at the scandal-ridden world body.

The 221 - 184 vote will withhold one half of the annual dues assessed the United States, currently about $400 million. The bill listed four dozen steps to improve accountability and root out corruption. Failure to comply would also result in US refusal to support expanded and new peacekeeping missions.

"History shows that when Congress stands tough, when it says that if you don't reform we are not going to pay, then change occurs," said House International Relations Committee Chairman Henry Hyde, R-Ill., author of the legislation.

While applauding the action of the House, the Bush administration said the withholding of funds from the UN could "detract from and undermine our efforts" to work with U.N. members to improve the organization.

The bill now goes to the Senate which has no immediate plans to take up the measure and final passage is uncertain.

Attention senators, this is your chance to stand up for something. How many corrupt programs does it take? The Oil-For-Food debacle has ties directly to Secretary General Kofi Annan, yet certain liberal senators ignore them. The program that actress Angelina Jolie gave millions of dollars to cannot account for the money. No one knows where it went.

How long can the US support such a corrupt organization whose members dislike the United States? What the members of the UN enjoy is diplomatic immunity which enables them to commit crimes in New York City without any retribution or prosecution.

It is time for the US to withhold funds from the UN. It is also time to withdraw from the organization and let them find a home in some other country.
House Passes Bill to Slash Funds to U.N. - Yahoo! News
,
--
Florida Gov. Jeb Bush is still involved in the Terri Schiavo case. Bush said Friday that a prosecutor will investigate the 911 call made following Schiabvo's collapse. Throughout the case there has been a question of the time lapse between her collapse and a call to 911.

Some estimates say it was between 40 and 70 minutes before Michael Schiavo called 911. Bush said the request for the investigation was not to suggest that Michael Schiavo did anything wrong.

"It's a significant question that during this ordeal was never brought up," Bush told reporters.

Neither Michael Schioavo's attorney nor Pinellas County State Attorney Bernie McCabe could be reached for comment.

What is the governor trying to do? Isn't it time for all politicians, attorneys, family members, and the press to let Terri Schiavo rest in peace? Why continue to drag this through investigation after investigation. Is Jeb Bush running for something?
Probe Sought in Terri Schiavo 911 Call - Yahoo! News
,
--
The Iowa Supreme Court refused to change a lower-court ruling to dissolve the civil union of two women. The court reasoned that the plaintiffs were not harmed and did not have standing in court.

The high court noted that it was not deciding the merits of the case. "Rather, our task is to determine whether these plaintiffs are the proper parties to bring this action," the court wrote.

The original lawsuit challenged a ruling by Judge Jeffrey Neary that let a lesbian couple end their civil union. The original paperwork for the petition said divorce, but the court later changed it to termination of a civil union.

The decision by the high court still leaves open the question of same sex marriage and civil unions in Iowa.
Court Won't Challenge Civil Union Ruling - Yahoo! News

--
More on Monday.

Friday Briefing - Durbin Refuses to Apologize - 6.17.05

Commentary
Dick Durbin (D-IL) refuses to apologize for remarks made on the Senate floor equating interrogation techniques used by US soldiers on detainees at Guantanamo Bay to Hitler, Soviet Russia, and the Pol Pot regime.

While he stands by his remarks, he told Sen John Warner (D-VA) that he wasn't saying that our soldiers were Nazis, but their techniques were. What's the difference, Dick.

Other than Sen. Warner, no Democrat has asked Durbin to change or apologize for his remarks. No one, not Ted Kennedy, not Harry Reid, not Joe Biden, none of them have even mentioned the controversy. The Senate Democrats are not ignoring the remarks because they support the remarks.

Sen Durbin's speech exemplified the thoughts and policies of the Democrats and their liberal friends. Democrats. like Durbin, do not like America, they hate the military, and Durbin's speech showed for anyone who was watching or listening the true feelings of Democrats and liberals. His refusal to apologize can only bolster the liberals viewpoint.

Durbin should not apologize, he should resign for his remarks. Unless the Illinois Republicans put up another candidate like Alan Keyes, Durbin will be defeated in 2006. It is also possible that he could lose in the primary if the Illinois Democrats get their heads out of the sand and distance themselves from Durbin's remarks.

As for the senator from Illinois, he has shown a disdain for American, American policy, and American soldiers that is, at best, unacceptable. I never thought I would use one of my favorite lines from "XXX," starring Vin Diesel. but here goes.

Senator, "stop being a dick, Dick."
--
Other Interesting Stories
The people at the Corporation for Public Broadcasting (CPB), National Public Radio (NPR), and the Public Broadcasting Service (PBS) are a little nervous today and with good reason.

For months there has been controversy swirling around the tax-supported broadcasters based on inappropriate programming decisions and a study that showed a liberal bias in some of the programming at PBS.

Kenneth Tomlinson, chairman of CPB, conducted a study after complaints of bias in Bill Moyers program 'Now." The study showed what many critics of PBS have said for years is that Moyers' and his programs had a liberal bias. The revelation of the study brought sharp criticism from liberal media groups and Democrat members of Congress. Some speculating that Tomlinson had overstepped his authority at CPB.

It is obvious that none of the critics had read the Public Broadcasting Act of 1967, as amended. The law that governs public broadcasting says that programming on NPR and PBS must be balanced and fair. It further gives authority to the chairman of CPB to review programming to ensure that it meets those standards of fairness and balance.

These facts did not calm the critics. At a meeting of NPR station managers, the manager of a poorly run NPR station in DeKalb Illinois, proposed a resolution to require CPB to follow its charter with one exception. No where in the resolution was the requirement for fairness and balance in programming mentioned. I guess they forgot that part. The resolution could not be brought to a vote because to few station managers attended the session.

Congress may be getting their attention. The House Appropriations Committee has voted to reduce funding for the Corporation for Public Broadcasting by 25% beginning in October. The funding cut for CPB is part of a huge bill funding health, education, and labor programs. In the bill 49 programs are slated for elimination and other funding reduced under tight funding guidelines.

The original bill, sponsored by Ralph Regula (R-OH) had funding eliminated for CPB in 2008. An amendment restored funding of $400 million for that year.

Critics say the reduction in funding for CPB which distributes funds to local public television and radio stations and provides funds to PBS and NPR is retaliation for controversial programming including the 'Postcards From Buster' episode which introduced children to a lesbian couple in Vermont.

To its credit, PBS removed the episode from the schedule, but several arrogant public broadcasting stations aired the programming that was fed to them by WGBH, Boston.

One of the programs cut in the bill is funding for the Ready to Learn Program which funded children's' programming on PBS including 'Buster' and 'Sesame Street.'

This is not the first time Congress has attempted to eliminate funding for CPB. In 1996 former Speaker of the House Newt Gingrich passed a similar bill to cut all funding for public broadcasting. Funds were later restored in a conference committee between the House and the Senate.

It is like that this bill we also see many of the cuts and reductions restored by the Senate.
House panel cuts funding for public television - Yahoo! News
--
The Senate Judiciary Committee approved the nomination of a conservative appeals court nominee.

On a 10-8 party line vote, senators sent the nomination of US District Court Judge Terrence Boyle for a seat on the 4th US Court of Appeals.

When the nomination reaches the floor of the Senate, it will be the first true test of a bi-partisan truce to only filibuster judicial nominees under "extraordinary circumstances."

In the past, it ha been the practice of Democrats to filibuster any judicial nominee who came out of the committee on a part-line vote.
Split Senate panel approves Bush judicial nominee - Yahoo! News
--
More later.

Thursday, June 16, 2005

Wednesday, June 15, 2005

Wednesday Update - Supreme Court Justice Proposes Radical Change - 6.15.05

This week the US Supreme Court ruled that racial discrimination in the selection of a jury was unconstitutional. It used two cases to make its point. In a Texas case, the court ordered a new trail for a defendant when the prosecutor in the case stacked the jury in favor if the prosecution.

Justice Stephen Breyer wrote an opinion that discrimination in jury selection is getting worse and points to the sophisticated methods used by jury consultants.

"The use of race- and gender-based stereotypes in the jury-selection process seems better organized and more systematized than ever before," he wrote in a solo opinion.

In 1986, the Supreme Court barred prosecutors from disqualifying potential jurors based on their race. Breyer said that enforcing that is hard because judges must "engage in the awkward, sometimes hopeless task of second-guessing" strikes.

"It may be impossible," he wrote Monday, "for trial courts to discern if a 'seat-of-the pants' peremptory challenge reflects a 'seat-of-the-pants' racial stereotype."
A peremptory challenge allows an attorney to dismiss a juror without cause.

In his opinion Justice Breyer hinted that one way to avoid the perception of jury selection based on racial or other profiling would be to eliminate peremptory challenges.

No other justices joined Breyer in his opinion, but his comment could lay the groundwork for the issue to come back to the Court.

"The right to a jury free of discriminatory taint is constitutionally protected — the right to use peremptory challenges is not," he wrote.
Justice Suggests Radical Change to Trials - Yahoo! News

--
The autopsy of Terri Schiavo released today backed her husband's claim that she was in a persistent vegetative state. The report also found she was severely and irreversible brain damaged and blind. The report refutes the claims of Bob and Mary Schindler who believe Michael Schiavo abused and strangled his wife.

Medical examiners could not say, however, what caused Schiavo's collapse in 1990, long thought to be theresultt of an eating disorder.

The autopsy report listed the cause of death as dehydration. Schiavo died 9 days after a feeding tube was removed at the request of Michael Schiavo.

"This damage was irreversible, and no amount of therapy or treatment would have regenerated the massive loss of neurons," said Pinellas-Pasco County Medical Examiner Dr. Jon Thogmartin, who led the autopsy team. He also said she was blind, because the "vision centers of her brain were dead."

The autopsy included 274 internal and external pictures and an exhaustive review of medical records, police reports, and social service agency records.

Despite the findings, the Schindlers continue to believe that she was alert and responsive and that Michael had something to do with her collapse.

While I am sorry for the Schindler's loss, the autopsy report cannot be faulted. It followed a trail of evidence and made its findings based on science not emotion. It is clear the Schindler's need to move on keeping the memory of their daughter alive in their hearts.

Hopefully, this will also put to an end comments by House Majority Leader Tom DeLay about "judicial activism" in this case. It has always been obvious that the judges who reviewed this case knew more about the evidence than DeLay. It is also obvious DeLay was using the Schiavo case to deflect comment on his ethics problems and to use the casepoliticallyy. As noted in this columnn before, Congress had no business interfering is this very personal matter.

If Congress was working for the people and the public saw that they were, it would make for better laws and less partisan bickering. Again, Mr. DeLay you should be ashamed.
Schiavo Autopsy Shows Massive Brain Damage - Yahoo! News

--
Hillary Clinton (D-NY) seems to be upset at the press. On Monday, a major appearance by the junior senator from New York in Buffalo was closed to the press. This followed comments a week earlier when she chastised the press for being too lenient on the Bush administration.

At first the local Democratic Party said Clinton wanted the event closed to media. Later reports say it was the local Democrats that wanted the event closed. Isn't it typical of aClintonn event to have severaldifferentt sides to a controversy? Whatever the real reason, media representativess were turned away from the $1,200-a-plate fundraiserr.

For her part,Clintonn claims to have no knowledge of theproblemm. In a conference call, the senator said, "I did not make that decision. I am happy when I speak at Democratic events to have it open to the press. I guess that was a decision by the leadership of the Erie County Democratic Party. This is the first I've heard of it."

A typical Clinton response.
Buffalo News - No clear answer on who closed event to media

--
More tomorrow

Wednesday Briefing - Bush Criticizes Negative Agenda - 6.15.05

Top Story

Calling it the "agenda of the roadblock," President Bush used the 2005 President's Dinner gala to criticize Democrats for blocking his agenda and failing to offer ideas or leadership.

"If leaders of the other party have innovative ideas, let's hear them. But if they have no ideas or policies except obstruction, they should step aside and let others lead," Mr. Bush said.

Since the beginning of his second term, the president has been reaching out to Democrats to find consensus on his Social Security reform package, as well as, other major parts of his agenda. Instead of joining the president in finding solutions, the opposition party leadership is pursuing "the philosophy of the stop sign, the agenda of the roadblock, and our country and our children deserve better."

"We hear 'no' to making tax relief permanent, we hear 'no' to Social Security reform, we hear 'no' to confirming federal judges, we hear 'no' to a highly qualified U.N. ambassador, we hear 'no' to medical-liability reform. On issue after issue, they stand for nothing except obstruction, and this is not leadership," the President said.

While the president's remarks will be construed as a negative attack on the Democrats by liberals and their fiends in the media, Bush did not use the harsh damning rhetoric that DNC Chairman Howard Dean continues to use to describe Republicans and the Bush Administration.

If fairly reported by the media, the president's remarks show the truth of the situation. Democrats have not had an idea, have failed to lead, and blame their failures on anyone but themselves. Instead the say "no," obstruct legislation, and block nominees they disagree with. It is truly the "agenda of the roadblock."
Bush hits Democratic 'agenda of the roadblock' - Nation/Politics -The Washington Times, America's Newspaper
--
Other Interesting Items

Financial disclosure forms were released for members of Congress on Wednesday. The annual forms show the public what members of Congress earned, own, and owe, and the investments they bought and sold during the year.

Of substantial interest to the liberal media is the financial disclosure form of House Majority Leader Tom DeLay. The most interesting item was DeLay received over $400,000 for his legal defense fund in 2004, the majority coming in the last three months of the year. He also owes between $125,000 and $315,000 in attorney fees for his defense.

Senate financial disclosure forms were released Tuesday and revealed the Senate is full of millionaires plus senators with substantial credit card and other debt.
DeLay Fund Gets $400G for Legal Expenses - Yahoo! News
--
Last Friday, House Judiciary Committee Chairman James Sensenbrenner (R-WI) abruptly ended a committee meeting on the US Patriot Act after Democrats, including Rep. John Conyers (R-MI), disrupted the meeting by asking witnesses questions on topic unrelated to the proceedings.

Sensenbrenner adjourned the meeting, without following parliamentary procedure, and had the microphones turned off while Democrats were still speaking to a C-SPAN audience. (If C-SPAN was not following a liberal agenda, it would have stopped taping the hearing as soon as the Chairman adjourned.)

Yesterday, Rep. Jerold Nadler (D-NY) filed a resolution to condemn the action of Sensenbrenner during the hearing. The resolution must be voted on within two legislative days. It is likely to fail along party lines.

The tension on the House Judiciary Committee is largely the responsibility of Ranking Member John Conyers (D-MI). As reported here yesterday, Conyers had held "forums" that have all the trappings of a committee meeting. Although there are no Republicans attending these "forums," Conyers presides over these meetings and is referred to by his Democrat friends as Mr. Chairman." To support its liberal agenda, C-SPAN covers these "forums" without telling viewers that they are not sanctioned committee meetings. Until recently Conyers was holding his forums in committee rooms.

House Judiciary Committee staff has told Conyers he can no longer use committee rooms until he tells witnesses that they are not official committee meetings. Conyers has refused to do so.

Conyers will be holding his next forum at National Democratic Committee headquarters on Thursday.
Dems turn up heat on chairman
--
The Viacom family is splitting up. With the approval of the board of directors, media giant Viacom will become two companies.

One company will retain the Viacom name and will concentrate on movie and television production plus cable operations including the MTV networks.

The other corporation will be called CBS Corp. CBS will control the CBS and UPN networks, a group of radio and television stations, plus an outdoor advertising firm.

Stockholders of Viacom will receive shares in both companies.

Since Leslie Moonves will continue to head the CBS Corp., it is unlikely that the liberal bias at CBS News will end anytime soon.

Insiders say the split was recommended to help shares of Viacom stock to increase in value.
CBS News | Viacom Makes Split Official | June 14, 2005
--
More later.