Tuesday, May 31, 2005

Tuesday Extra! - Deep Throat Revealed?? - 5.31.05

Good afternoon . . .

Who is Deep Throat? That is the only mystery left in the Watergate break-in and scandal. The scandal eventually led to the resignation of President Richard Nixon.

The identity of the source who leaked information to the Washington Post reporters Bob Woodward and Carl Bernstein.

W. Mark Felt, was second-in-command at the FBI in the early 1970s. His claim was published Tuesday in Vanity Fair magazine and family members believe it is true.

Over the years, Felt has denied he was Deep Throat.

Neither Woodward nor Bernstein have commented on the revelation in the magazine. In 2003, they pledged to keep the identity of Deep Throat secret until his death.

Several Nixon Administration officials have been considered possible candidates for Deep Throat including Henry Kissinger, Diane Sawyer, White House Counsel Fred Fielding, and Pat Buchanan.

Others theorized that Deep Throat was a composite of several sources.
Ex-FBI Official Says He Was 'Deep Throat' - Yahoo! News
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The trial that may eventually determine who is or will become the governor of Washington continues today.

The state elections director testified that he saw problems in the vote count, but they were innocent mistakes.

"I saw inadvertent mistakes and errors of human beings who were working their hearts out," said Nick Handy, who was appointed to the post. He said he disagrees with his boss, Secretary of State Sam Reed, a Republican, who has called the problems in heavily Democratic King County "appalling."

The trial will determine whether vote fraud and errors will lead to a new election for governor.
Elections Director Claims Vote Mistakes - Yahoo! News
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Members of Congress and their aides are scrambling to report trips that may have been paid for by lobbyists or other special interest groups. Under House rules a registered lobbyist may not pay for travel or other related expenses.

The rule also requires public disclosure of the trip and its funding within 30 days. The Associated Press has uncovered at least 198 recently filed reports that are as much as eight years old. House Minority Whip Stermy Hoyer (D-MD) recently disclosed 12 trips dating back to 1997. Funny we do not hear any outrage from House Minority Leader Nancy Pelosi (D-CA) about the ethical break among her leadership.

Of course, Pelosi has said that any rules violations by Democrats are nothing compared to the rule violations by Majority Leader Tom DeLay (R-TX). Pelosi has also said that she will not change or re-file any travel forms. There are questions about a trip Pelosi took to the Caribbean paid for by the same lobbying firm that alledgedly paid for one of DeLay's trips. Just doesn't seem right, does it?
Lawmakers Belatedly Disclose Trips - Yahoo! News
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More tomorrow.

Tuesday Update - 5.31.05- Supreme Court News

The US Supreme Court has had a busy day so far. Decisions were announced in two cases and the court agreed to hear another death penalty case.

In the fall term the court will hear arguments in a Kansas case to determine whether to reinstate a death penalty law that requires juries to sentence a defendant to death when the evidence for and against imposing death are equal.

The 1994 law says if the evidence for and against imposing a sentence of death is roughly equal, Kansas juries must choose death instead of life in prison.

The Supreme Court will consider how juries weigh evidence for an against death, as well as some technical issues, including whether it is proper for the Supreme Court to intervene.
Supreme Court to Take Up Death Penalty Law - Yahoo! News
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The Supreme Court today overturned the conviction of the Arthur Andersen accounting firm.

Anderson was convicted of obstruction of justice for destroying documents wanted by the federal government in the Enron scandal.

In a unanimous decision, written by Chief Justice William H. Rehnquist, the court rules the jury instructions at trial were too vague and broad for jurors to determine correctly whether Andersen obstructed justice.

The ruling is a setback for the Bush Justice Department which made prosecution of white-collar crime a high priority following the accounting scandals at several corporations.

The conviction of Andersen caused the company to surrender its accounting license and discontinue performing public audits. The Chicago-based form eventually reduced its workforce by 28,000.
Court Overturns Arthur Andersen Conviction - Yahoo! News
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The Supreme Court has upheld a federal law which requires prisons to accommodate inmate religions.

The justices sided with Ohio inmates who claimed they were denied access to religious literature., ceremonial items, and time for worship.

Writing the majority opinion, Justice Ruth Bader Ginsburg said the intent of the law was to protect the religious rights of prisoners and is not an unconstitutional government promotion of religion.

"It confers no privileged status on any particular religious sect, and singles out no bona fide faith for disadvantageous treatment," Ginsburg wrote.

The law requires prisons who accept federal funds to accommodate prisoners' religious beliefs unless a warden can show that the accommodation would be disruptive.

Opponents of the law say the accommodates including special meals, special haircuts, and religious symbols could make prisons harder to manage.

"We do not read (the law) to elevate accommodation of religious observances over an institution's need to maintain order and safety," wrote Ginsburg. "We have no cause to believe that (the law) would not be applied in an appropriately balanced way, without sensitivity to security concerns."

Justice did leave the door open for later challenges, on the grounds that the law as applied overburdens prisons.
High Court Sides With Inmates on Religion - Yahoo! News
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More later.

Tuesday Briefing - 5.31.05 - New Clinton Books

Good morning . .

Two new books on the Clinton Presidency and Hillary Clinton are coming to a bookstore near you. Early reports say neither is flattering to the former president or the junior senator from New York.

The Survivor: Bill Clinton in the White House by Washington Post writer John Harris details the politics of Hillary Clinton as she prepares to run for the Senate in 2000.

The drama of Hillary Clinton springs from the uncertainty of the future -- how far her combination of ambition, self-discipline and demonstrated political skill may take her. But the way she pursues her national opportunities will be shaped in fundamental ways by the past.

The book hints, not so subtlely, that while Clinton is planning for a re-election bid in 2006, her sights are set on a presidential run in 2008.

The questions remains, should the voters of New York reward Clinton with a second-term when it is likely she will abandon her job, much like John Kerry, to run for the presidential nomination? The answer should be no, but New Yorkers are New Yorkers.

The second Clinton book is less flattering of Sen. Clinton and discusses her role in the alleged sexual improprieties of her husband.

Their Lives: The Woman Targeted by the Clinton Machine by Candice Jackson says in addition to the :sexual abuse" she alleges was committed by Bill Clinton, "Hillary's involvement is just as devastating and just as important in all this."

"[Hillary Clinton] was right there in the inner circle taking a lead in giving these women zero credibility, in attacking them in the public and through the press and in participating in all of these scare tactics, like hiring private investigators to threaten them and follow them," Jackson explained.

Jackson's book details how Juanita Broaddrick and Kathleen Willey, both accusers of Bill Clinton, dealt with the White House spin machine as it allegedly attempted to discredit, bribe, audit, threaten and intimidate them.

If anything, the tow books demonstrate how far the Clintons will go to gain power to extend a liberal agenda which does not work.
Heeding the Past As She Looks To the Future
Sen. Clinton Allegedly Intimidated Husband's Sexual Accusers -- 05/31/2005
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Lawyers in Illinois are racing to beat the signature of Gov Rod Blagojevich's signature on a bill that will limit awards in medical malpractice suits.

Since legislatures announced a deal to cap awards for malpractice suits the number of cases filed is three or four times higher than normal.

The limits would apply to injuries suffered after the bill is signed into law.

The new law will limit noneconomic awards to $500,000 against doctors and $1 million against hospitals.

Doctors and hospitals have said that the rising cots of medical malpractice insurance has forced them to charge patients more and, in some cases, doctors have stopped practicing in Illinois.

Both doctors and hospitals expressed no surprise in the number of cases filed to beat the deadline.
Lawyers race to file malpractice suits
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More later.

Friday, May 27, 2005

Friday Update - 5.27.05 - Small Stories

Good afternoon . . .

With the politicians and just about everyone else leaving large cities, state capitols, and Washington DC for the holiday weekend and more, here are some small stories that may pique your interest.
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The mayor of a small upstate New York village will face trial for attempting to marry couples in Feb 2004.

New Palz, NY, mayor Jason West faces 24 charges of violating the state's domestic relations law by marrying couple without a license. He faces fines and up to a year in jail if convicted.

West's actions came in the wake of San Francisco's mayor Gavin Newsome disregard for a California law banning gay marriage. Newsom's efforts have been put on hold by California courts.

West maintains that he was upholding the gay couples' constitutional rights to "equal protection" by allowing them to marry in the college town in 2004.

Top state officials West is in violation of state law that prohibits same sex marriage.
N.Y. Court Rules Mayor Will Face Trial - Yahoo! News
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An Ohio official has resigned after the disappearance of $10 million of rare coins purchased as an investment.

Ohio Gov. Bob Taft (R) announced the departure of James Conrad as head of the state's worker's compensation department. Conrad was known statewide for his efforts to "fix" the troubled agency.

The announcement came less than a day after it was learned that $10 to $12 million of the state's estimated $55 million investment in rare coins was missing. This is substantially larger than the original $400,000 thought to be missing.

State officials also plan to sue the man responsible for managing the investment, Toledo coin dealer Tom Noe and seek criminal charges. A judge has ordered the remaining coins transferred to the state.

The governor says that Conrad nor any member of his staff told Taft about the state's investment in coins until he read about it in the Toledo Blade. Taft said agency officials told him the collection was safe and profitable.

Noe is well known in Ohio Republican circles and is said to have received his job as a result of contributions made to statewide officials. Ohio Democrats are calling for anyone who received a contribution from Now to return it.

State officials said they planned to sell of the remaining coin collection.
Ohio Official Resigns Amid Coin Scandal - Yahoo! News


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Sometimes juries make the right decision and sometimes they make a wrong decision.

A California jury made the wrong decision in the case of an aide to Sen. Hillary Clinton on Friday.

David Rosen was on trial for lying to federal authorities about a lavish fundraiser for the Clinton senatorial campaign. He was acquitted of the charges.

Although it was obvious that the lavish gala featuring many Hollywood cost far more than the amount Rosen submitted to the Federal Election Commission, Rosen claims he did not do it deliberately and that Sen. Clinton was not aware of the wrongdoing.

"If I executed poor judgment in that decision, I made a mistake, but I certainly didn't intend to hide anything," Rosen testified.

If you did not intend to hide anything, why did you report it incorrectly. The "poor judgment" was lying to officials, but I guess Californians don't see lying as a problem.
Former Aide to Sen. Clinton Acquitted - Yahoo! News
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With recent concerns over security for federal judges and courtroom security, the Supreme Court made a strange ruling on Monday.

In a 7-2 decision the high court rules in was unconstitutional to force capitol murder defendants to appear before juries in shackles during the penalty phase of the trial.

The decision threw out the death sentence of Carman Deck, a convicted murderer who wore leg irons and handcuffed during the penalty phase of his trial.

Writing for the majority Justice Stephen Breyer said shackling almost implies that authorities consider the offender a danger to the community, a factor juries weigh in considering a sentence.

"Although the jury is no longer deciding between guilt and innocence, it is deciding between life and death," he wrote.

A strongly worded dissent by Justices Clarence Thomas and Antonin Scalia warned that the decision risks the lives of courtroom personnel. This writer agrees.

Is Justice Breyer and other members of the majority aware of the concerns of federal judges? Did they not hear Judge Joan Lefkow ask Congress for more funds for courtroom and judge security? Are they not aware of the killings inside an Atlanta courtroom? This Justice Breyer is a horrible and potentially dangerous ruling.
Court Rules Against Shackling Defendants - Yahoo! News

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Have a safe Memorial Day weekend. Unless developments warrant, there will be no Check This Out! until Tuesday, May 31.

Friday Briefing - 5.27.05 - Is the Agreement Off?

Good morning . . .

Monday there was euphoria on Capitol Hill. Fourteen "moderate" senators came together to thwart the leadership of both parties by agreeing not to filibuster judicial nominees except in "extraordinary circumstances."

Thursday Democrats blocked a vote on the nomination of John Bolton as ambassador to the United Nations. Democrats assisted by Republican senator George Voinivich of Ohio voted to continue debate on the nomination. A vote for cloture failed by four votes.

The Democrats are insisting on addition classified documents and emails relating to Bolton's work at the State Department. The State Department and White House have said that senators on the Foreign Relations Committee have received all the documents that are available. Senate Minority Leader Harry Reid (D-NV) said this is not a filibuster, "we're hear to get information."

Now it looks like it is business as usual in the Senate. Any bipartisan mood has certainly lost its momentum. While a filibuster on nominees other than judicial appointments is not covered by the agreement, the fourteen "moderates" hoped it would extend to other nominations.

With the block of a vote for confirmation, it is time for Majority Leader Bill Frist (R-TN) to take charge of the Senate and move the agenda forward. If that means the implementation of the constitutional option to ban filibusters for judicial and other nominees, then the time is now. Well, after another Senate break.
USATODAY.com
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The Rev, Jesse Jackson is in the news again, but I'm certain he is not happy about the report.

The Federal Election Commission is fining the Democratic National Committee(DNC) and two of Jackson's organizations for violations dating back to the 2000 election.

Jackson's Rainbow/PUSH Coalition and Citizenship Education Fund will pay a fine of $100,000, as will the DNC for sponsoring a partisan voter registration drive.

The fine stems from a September 200 agreement between the DNC paid Jackson's groups $450,000 to offset the costs of a get-out-the-vote drive intended to get more Democrats to the polls.

The American Conservative Union filed the complaint against Jackson and the DNC in 2001. ACU Chairman David Keene said in a statement on the group's website, ""The word is now out -- crooked election practices that have become the standard of the Left will not be tolerated."

Another Jackson watcher group the National Legal and Policy Center said the FEC ruling confirms that Jackson's Citizen Education Fund (CEF) operates outside it nonprofit tax status.

The tax-exempt purpose of CEF is to conduct nonpartisan voter registration and get-out-the-vote campaigns," said Peter Flaherty, president of the National Legal and Policy Center.

"Now that the FEC has officially determined that CEF has engaged in partisan activities, it is confirmation that CEF is in violation of its tax-exempt status. The Internal Revenue Service should revoke CEF's tax-exempt status without further delay."

After paying the fine and complaining that a "vast right-wing conspiracy" is after him, Jackson will continue his tactics and methods. If the IRS gets involved, any action taking against Jackson of any of his organizations will take years and no amount to much.

Isn't it time that someone shows Jess Jackson for what he is - a charlatan and crook-- who uses his nonprofit organizations to enrich himself and those close to him? The FEC has taken a good first step.
Democrat Party, Jesse Jackson Violated Election Laws -- 05/27/2005

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The Newsweek article that claimed investigators at Guantanamo Bay flushed a Quran down a toilet has been acknowledged as bogus, but there is a report from the Pentagon shows that the Quran was mishandled.

Brigadier General Jay Hood says an investigation has found 13 incidents where a Quran was mishandled by interrogators at Guantanamo Bay. None of these cases involved putting the Muslim Holy book in a toilet or other waste bucket.

''I'd like you to know that we have found no credible evidence that a member of the Joint Task Force at Guantanamo Bay ever flushed a Koran down a toilet," said Brigadier General Jay Hood.

So far only 5 of the incidents have been substantiated and in none of the cases was the mishandling done deliberately.
Report finds Koran was mishandled - The Boston Globe - Boston.com - Washington - News
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President Bush told graduates of the US Naval Academy that the closing of military bases is painful yet crucial to creating the type of military able to respond in the age of terror.

"We have more bases than we need," Bush said in a commencement address to the academy's Class of 2005. "Supporting these facilities wastes billions of taxpayer dollars — money that can be better spent on giving you the tools to fight terrorists and confront 21st-century threats."

"It will result in a military that is more efficient and better prepared so you can better protect the American people against the dangers of this new century," Bush said.

He promised a "fair and impartial" review of the list of 33 major and dozens of smaller bases the Pentagon has sent to the Base Closing andRealignmentt Commission (BRAC). The list is creating controversy among several senators and governors who are seeking additional information.

BRAC is scheduled to begin it regional hearings early next month.
Bush: Base Closings Painful but Crucial - Yahoo! News
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More later

Thursday, May 26, 2005

Thursday Update - 5.26.05 - More Problems for DeLay

Good afternoon . . .

House Majority Leader Tom DeLay is the target of several ethics investigations by the House of Representatives. Most of the charges surround several trips DeLay and his staff took that may have received funding from a lobbyist. Under House rules a registered lobbyist cannot pay for trips, or just about anything else, taken by a House member.

Today A Texas judge has added an additional problem for Mr. DeLay about a political committee formed in Texas by DeLay.

District Judge Joe Hart ruled the committee should have reported $500,000 in corporate cash. The judge found that the money raised by Texans for a Republican Majority was to influence Texas election and, therefore, fell under the provision of the election code.

Hart did not rule on whether the committee spent the money illegally only that the group violated state law by not reporting the funds to the Texas Election Commission.

Hart imposed damages and attorneys fees of $196,660, which will be divided among the five losing Democratic candidates who brought the suit.

In another case a Travis County grand jury has indicted three DeLay associates on charges of illegally raising corporate funds.
Judge rules against DeLay PAC - (United Press International)
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NBC's Law & Order:Criminal Intent has taken a giant leap to the left on the season finale aired on Wednesday.

The story line attempted to link the killer of a judge, who claimed to be a white supremacist, to supporters of Tom DeLay.

According to the Drudge Report (take it with a grain of salt), "Maybe we should put out and APB for somebody in a Tom DeLay T-Shirt," declares a character during the drama.

Congressional sources say the House Majority Leader will send a letter of complaint to NBC and the producers of the Law & Order series.

He should do more than that. It is widely known that L&W:CI star Vincent DiNofrio could not get over the loss of the election by John Kerry. Sources have revealed DiNofrio was hospitalized because he could not "cope" with the loss. Several episodes had to be delayed until DiNofrio was well enough to continue.

While this reporter is not saying DiNofrio had anything to do with last night's script, the language in the script is at best defamatory. Although DeLay is a public figure and it is difficult to defame a public figure, the tone of the script and the episode show a willful disregard for the truth. That could cost NBC and the producers of L&W millions.

So far, NBC has no comment.
DRUDGE REPORT FLASH 2005�
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The battle is beginning over the proposed list of base closings issued by the Pentagon on May 13.

Senators and governors are scrambling to receive information from Secretary of Defense Rumsfeld on the process and data that led to the list given to the Base Closing and Realignment Commission (BRAC).

Nearly tow dozen senators from across the country have sent Secretary Rumsfeld a letter saying they need to know how the Pentagon ranked the bases and determined their military value.

Governors from 14 states have written a similar letter to President Bush asking for similar information. The governors' letter cited a federal law that requires the BRAC commission to release the data no later than seven days after it release. The governors are requesting a delay in further hearings until the information and data has been received.

The members of the BRAC commission have announced regional hearings to begin early next month.
Senators Press for Base-Closure Data - Yahoo! News
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More tomorrow.

Thursday Briefing - 6.26.05 - Republicans Breaking Ranks

Good morning . . .

In the aftermath of the "agreement" forced on the leadership of the Senate, it now appears that it has hurt the Republicans more than the Democrats.

Republican Senators are turning away from the leadership of Sen. Bill Frist (R-TN) to either vote with Democrats or go around the leader to get a bill through the Senate.

The story of Sen. George Voinivich is well known. After missing most of the meetings of the Senate Foreign Relations Committee and not hearing the testimony from John Bolton. Voinivich listens to Democrats whine and complain about Bolton's management style and "abuse" of subordinates. Then Voinivich decides that he cannot support Bolton's nomination as ambassador to the United Nations. On the Senate floor Wednesday Voinivich wept about the nomination and the "failings" of Bolton. Who elected this guy? As noted here several times, Bolton may be a bad boss, but Washington, Chicago, New York, and virtually every major corporation are full of bad bosses. The Senator from Ohio is out of the mainstream and out of control.

Now, Sen. Arlen Specter (R-PA) is encouraging Majority Leader Frist to quickly schedule a vote on the bill that would expand embryonic stem cell research funding by the federal government.

Specter claims that he has the votes to stop a conservative filibuster and enough votes to override the threatened presidential veto.

If Frist refuses to schedule the bill for debate and a vote, Specter says he will attach the measure to other bills that reach the Senate floor.

We have always suspected that Specter would at some point break ranks with the leadership. His ability to control the Senate Judiciary Committee is questionable and his willingness to work closely with Frist and other Republicans leaders is minimal.

With the agreement and several senators breaking ranks and looking toward a presidential future, Frist should give up the leadership of the Senate. It is well known that Frist has presidential aspirations and will not run for re-election in 2006. It is time for a new leader, but under no circumstance can it be Sen. John McCain (R-AZ). McCain also aspires for the presidency, but as Majority Leader, Mc Cain will give control of the Senate agenda to moderates and liberals. This will enable the Democrats to control the Senate without winning elections.

While the Senate leadership is in disarray, a new leader must be carefully chosen before the weak leaderships erodes further support for the president's agenda.
Senators call for a vote on stem cells - The Boston Globe - Boston.com - Washington - News
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Sen Barbara Boxer (D-CA) has placed a "block" on the nomination of John Bolton as ambassador to the UN. Sen. George Voinivich (R-OH) has tearfully pleaded with his colleagues not to vote for Bolton. The Democrats are threatening a filibuster (big surprise) if the Department of State does not provide additional documents requested by Sen. Christopher Dodd (D-CT) and other Democrats on the Foreign Relations Committee.

Dodd has said he is in favor of Bolton, but will filibuster in protest of the administration.

Dodd and Sen. Jose Biden (D-DE) are demanding the State Department turn over to them emails and other documents that would answer whether Mr. Bolton tried to influence intelligence analysts who were working on congressional testimony about Syria's weapons programs.

The State Department has said that they have given to the committee all the documents it plans to supply. Senate Republicans and White House sources say Biden and Dodd are on a fishing expedition.

"We've provided the Senate with the information they need to do their job," said Erin Healy, a White House spokeswoman. "John Bolton testified [before the Foreign Relations Committee] for more than eight hours, responded in writing to many additional questions, and the State Department has worked to provide the Senate with many additional documents as well."

Since filibusters on other presidential nominations are not part of the "agreement" on judicial nominees, it looks like it is business as usual for the Senate Democrats.
Democrats threaten a filibuster on Bolton - The Washington Times: Nation/Politics - May 26, 2005
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Now for something completely ridiculous.

A new cable reality show will follow college students through their sex change operations.

"TransGenerations" will premiere in September on the Sundance Channel in partnership with Logo, a new Viacom network aimed at homosexuals.

The eight-week series will document the sexchanges of four university students from campuses across the country.

"This series is a moving portrait of four fascinating people at a dramatic time in their lives. 'TransGenerations' also offers an engaging first-hand look at the current trend on college campuses of confronting gender issues and politics head-on," said Laura Michalchyshyn, executive vice president for programming and marketing at the Sundance Channel.

While it is on cable and the Sundance Channel does not have the exposure of ESPN or the History Channel, shouldn't the FCC get involved with this type of programming?
Reality TV Show to Focus on Sex Change Operations -- 05/25/2005
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More later.

Wednesday, May 25, 2005

Check This Out! Extra - 5.25.05 - Helen Thomas Does it Again

Good evening . . .

Associate Press leftist-in-residence Helen Thomas decided that today was the day she would question White House Spokesman Scott McClellan on the country's invitation in Afghanistan and Iraq and attempted to impune his credibility.

Here is a partial transcript.

Q The other day -- in fact, this week, you said that we, the United States, is in Afghanistan and Iraq by invitation. Would you like to correct that incredible distortion of American history --

MR. McCLELLAN: No, we are -- that's where we currently --

Q -- in view of your credibility is already mired? How can you say that?

MR. McCLELLAN: Helen, I think everyone in this room knows that you're taking that comment out of context. There are two democratically-elected governments in Iraq and --

Q We're we invited into Iraq?

MR. McCLELLAN: There are two democratically-elected governments now in Iraq and Afghanistan, and we are there at their invitation. They are sovereign governments, and we are there today --

Q You mean if they had asked us out, that we would have left?

MR. McCLELLAN: No, Helen, I'm talking about today. We are there at their invitation. They are sovereign governments --

Q I'm talking about today, too.

MR. McCLELLAN: -- and we are doing all we can to train and equip their security forces so that they can provide for their own security as they move forward on a free and democratic future.

Q Did we invade those countries?

At that point McCellan moved on to rational members of the White House Press Corps.

When will the Associated Press decide that Thomas' ability to function is, at best, long past it prime? When will the AP decide to have a rational thinking person in the White House? When will the AP force Thomas to retire? The answer to those questions is "never."
Complete transcript.
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The prominent left-leaning human rights organization Amnesty International has released it annual report.

In the 300 plus page document it singled out the Unites States as one of the "most damaging assaults on global values."

It called the US detention center at Guantanamo Bay Cuba "the gulag of our time" and called for the base to be closed.

Amnesty Secretary General Irene Khan complained that despite the outrage generated by the Abu Ghraib scandal and allegations of abuses at other American facilities, neither the U.S. administration nor the Congress has called for a full and independent investigation.
WorldNetDaily: Amnesty International calls Guantanamo 'gulag'
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Although he failed to win the presidency because he was not always straight with the press or the public, Sen. John Kerry (D-MA) continues to dodge questions about his Naval record.

Kerry told the Boston globe editorial board that he has signed Standard Form 180 and will send it to the Navy in a few days.

''I have signed it," Kerry said, according to Globe columnist Joan Vennochi, who noted the senator added that his staff was ''still going through it" and ''very, very shortly, you will have a chance to see it."

It? Does that mean the Form 180 or your records Senator. Even Kerry Communications Director David Wade could not clarify when the senator signed the form and when the records will be made public.

So, it is still a question of when he signed it and when he will (if ever) send it to the Navy. The bigger question will be when the Kerry campaign (yes, he is still campaigning) will release any portion of his Navy records to the public. My guess after he loses the Democratic nomination in 2008.

Kerry's military record became part of the campaign when several veterans questioned his ability to lead and his Vietnam War record and medals he received. During the campaign Kerry would not comment in detail on the record and his staff threatened lawsuits against television stations that ran anti-Kerry ads about his service.

The campaign also asserted that "all" of Kerry's records were on the campaign website. Several mainstream news organizations reported that there were more than 100 pages missing from his record that could only be retrieved after Kerry signed Standard Form 180.

Since the election, Kerry has dodged the question of his military record and Form 180. In January he told Meet the Press host Tim Russert that he would sign the form. It took 111 days for him to sign the form. Bloggers are now starting a new count to see how many days it will take for the form to reach the Navy and for the records to become public. Like I said, not until he loses the 2008 nomination.
WorldNetDaily: Kerry signs release of Navy records
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For up to date information on the liberal media's attacks on the government and its policies check out the Media Research Center.
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More tomorrow

Wednesday Update - 5.25.05 - Owen Confirmed to Bench

Good afternoon . . .

Texas Supreme Court Justice Priscilla Owen was confirmed by the Senate to a seat on the 5th US District Court of Appeals in New Orleans.

The 56-43 vote made Owen the first of President Bush's long-blocked nominees to win approval under the terms of an agreement by Senate "moderates."

"We must give fair up-or-down votes to other previously blocked nominees. It is the only way to close this miserable and unprecedented chapter in Senate history," Majority Leader Bill Frist (R-TN) said in a written statement.

Frist also asserted that the constitutional option is still available when Democrats use the term "extraordinary circumstance" too broadly to block judicial nominees.

Frist told reporters that he intends to seek early votes for the other blocked nominees next month.
Priscilla Owen Confirmed As Federal Judge - Yahoo! News
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The Senate is currently debating the nomination of John Bolton as the ambassador to the United Nations. Republican senator George Voinivich (R-OH) is leading the anti-Bolton forces.

It will be interesting to see if Majority Leader Bill Frist can reign Voinivich in and move the nomination forward. With the agreement on judicial nominees, it is unlikely that Frist will be able to be a strong senate leader.

That role is currently up for grabs.

Bolton is not covered by the agreement and is likely in for a filibuster lead by Voinivich.
GOP Says Bolton Should Be Given U.N. Post - Yahoo! News
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With their added strength in the Senate, Democrats are calling for a quick vote in favor of the stem cell research bill passed by the House.

Senate Minority Leader Harry Reid called for swift action on the bill that will expand stem cell research and criticized President Bush for his opposition.

Reid said it was "wrong politically, morally and scientifically" for Bush to oppose the loosening of restrictions.

Within hours, Bush declared, "There must be a balance between science and ethics and I have made my decision."

"The use of federal dollars to destroy life is something I simply do not support," Bush said at the White House.

The president has vowed to veto the measure. It would be the first veto of his presidency.
Reid Wants Swift Vote on Stem Cell Bill - Yahoo! News
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The Washington State trial investigating voter fraud and other charges in Washington State entered its first day of testimony.

In testimony, the mall ballot supervisor, Nicole Way, said that she told King County officials as early as spring 2004 that she told county officials that she could not tell how many ballots were mailed out and how many were returned. About two-thirds of the 900,000 in King County were mail ballots.

In a sworn deposition, Way testified that she and her direct supervisor, Garth Fell, approved a Nov. 17 mall ballot report that falsely showed all absentee ballots had been accounted for. She said they could not get the numbers to add up otherwise.

In her deposition, Fell said election superintendent Bill Huennekens knew about the inaccuracies in the report before certifying the results.

In direct testimony today, Huennekens denied and advanced knowledge of the inaccurate report.
Supervisor Testifies in Governor Dispute - Yahoo! News
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A teenager who was the youngest person to be sentenced to a life sentence is in trouble again.

Lionel Tate, now 18, was the center of a debate on sentencing youth to life terms for the murder of a six year old girl in 1999.

After serving three years, Tate was released to a one-year house arrest and 10 years probation.

Monday Tate was arrested and charged with holding up a Dominos delivery man at gunpoint at a friend's apartment. Tate is also charged with breaking into the apartment and shoving a 12 year-old boy.

Judge Jerry Pollock is holding Tate without bond. Tate's attorney, James Lewis, objected that the charges against his client were based on conflicting testimony and his client is a victim of mistaken identity and his past.

In October Tate was arrested for carrying a knife. At that hearing the judge said there would be "zero tolerance" for any probation violations.

If convicted, Tate will face a long-sentence based on his continued parole violations and the armed robbery.
Tate Held Without Bond in Robbery - Yahoo! News
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More tomorrow.

Tuesday, May 24, 2005

Tuesday Update - 5.24.05 - Washington Trial Begins

Good afternoon . .

A trial which may finally determine the outcome of the Washington gubernatorial election and may affect elections across the country began Monday in Wenatchee WA.

The state GOP is suing to have the election of Christine Gregoire overturned or a new election ordered. Before the trial began the GOP had argued that election officials, especially in King County, were incompetent allowing illegal votes and "finding" others that swayed the election.

In opening statements, GOP attorney Dale Foreman introduced a new element into the case . . . fraud. "The evidence is overwhelming that there was unbelievable neglect in King County and, we believe, outright fraud by high-ranking King County officials," GOP attorney Dale Foreman said Monday.

Democrats tried to block the evidence, saying the Republicans brought the issue too late and without evidence.

In a hearing today Chelan County Superior Court Judge John E, Bridges ruled to allow the evidence saying he didn't believe the GOP argument was new. However, the judge added: "The court is not in a position at this time to determine that these are illegal votes."

GOP candidate Dino Rossi won two recounts after the November election. During a third recount, election officials in heavily Democratic King County "found" additional uncounted votes that swayed the victory to Gregoire.
Wash. Judge Allows GOP Charges of Fraud - Yahoo! News
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An inmate on Indiana's death row wanted to delay his execution in order to donate part of his liver to his sister.

Gregory Scott Johnson had asked the parole board for clemency or a reprieve. Last Friday, the board denied the request. The denial was automatically appealed to the governor.

Today Gov. Mitch Daniels (R) denied the request. Daniels said there are "no grounds to second guess years of court rulings or to reject the recommendation of the parole board."

Johnson's execution is set for early Wednesday morning.

There is no word from Johnson's attorney if the matter will be appealed to the US Supreme Court.
Liver Donation Won't Block Execution - Yahoo! News
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As the "memorandum of understanding" promised, the Senate voted to end debate of the nomination of Priscilla Owen to a seat on the US 5th District Court of Appeals.

The 81-18 vote to end debate will allow for her nomination to receive an up or down vote on the Senate floor.

This is the first of three judicial nominations covered by the agreement. After William Pryor and Janice Rogers Brown are confirmed, it will be interesting to see if the Democrats live up to the spirit and letter of the agreement.
Senate Votes to End Filibuster on Judge - Yahoo! News
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More tomorrow.

Tuesday Briefing - 5.24.05 - Who Leads the Senate?

Good morning . . .

Who leads the Senate? That is the question that many Republicans and conservatives are asking after the ambush by "moderate" Democrats and Republicans Monday.

The "memorandum of understanding" signed by fourteen senators stole the leadership from Majority Leader Bill Frist (R-TN) and Minority Leader Henry Reid (D-NV). Neither can effectively lead their party on the floor of the Senate. Any move by wither leader can now be thwarted by a coalition of senators who do not support a certain issue.

Will there be other "memorandum of understanding" in the future? Probably.

It is now time for new leadership in the Senate, especially for the Republicans. Frist has shown he cannot require Republican senators to cooperate with the leadership. The seven Republicans, especially John McCain (R-AZ), have higher ambitions. Unfortunately for McCain, his part in the "ambush" will lose most of the Republican bas as he begins to run for the presidency.

Will Bill Frist survive? Probably, but he will no longer be an effective leader. His lack of leadership and not moving for the constitutional option much earlier will cost him conservative support in his run for the presidency.

In dueling speeches on the Senate floor, Frist said the rule change is "still an option." Sen. Reid said that it will not be used "in our lifetime."

Frist is concerned about the "extraordinary circumstance" clause of the agreement. What is an "extraordinary circumstance"? To senators like Robert Byrd (D-WV), Ted Kennedy (D-MA), and others it means any nominee forwarded by President Bush. I predict that Democrats will filibuster any and all nominees to the Supreme Court. This would effectively end the agreement and the Senate rules would change quickly.

Another part of the agreement gives anyone familiar with the Constitution pause. The agreement says that the President should consult with the Senate before forwarding judicial nominees to the Senate. The Constitution only requires "advise and consent" on presidential appointments. It does not require any president to have advanced approval from the Senate.

Text of Memorandum of Understanding.
Nuclear Option May Still Be Invoked, Frist Says -- 05/24/2005
Senate Deal Tells Bush to Consult Before Nominating -- 05/24/2005
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The poster girl for prisoner abuse in Iraq surrendered her right to challenge the seven charges against her.

PFC Lyndie England will not stand before an Article 32 hearing, the military equivalent to a Grand Jury, but will forward to Court Martial.

Now a decision on the charges will move to Lt. Gen. Thomas Metz, commander of Ft. Hood, TX, who will decide whether she will face any charges at all.

If Metz orders a trial, it could begin as soon as next month.
England Waives Right to Challenge Charges - Yahoo! News
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The pilot of the plane that entered restricted airspace over Washington DC was certain he would be "shot out of the sky."

Hayden L. "Jim" Shaeffer said in an interview on the Today show said there "was no doubt in my mind."

Shaeffer's pilot license was revoked by the FAA as a result of the incident that caused the evacuation of the Capitol, the White House, and the Supreme Court.

According to the FAA, Shaeffer should not have had a passenger in the plane because he had not met flight requirements with the previous 90 days. The FAA says he did not take the basic steps required before flying. He failed to check the weather and he didn't check the "Notice to Airmen" which informs pilots of airspace restrictions and how to respond to military aircraft.

When he got lost, he failed to contact air traffic control or a flight service station to determine his location.

This is a bad pilot who should have his license revoked permanently.
Pilot Thought Jets Would Shoot Him Down - Yahoo! News
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More later.

Monday, May 23, 2005

Compromise Reached for Judicial Nominees - A Check This Out! Extra

Fourteen "moderate" senators announced an agreement that will, for now, eliminate the need for implementing a Senate rule change that would ban filibusters for judicial nominees.

The group of senators was led by presidential hopeful John McCain (R-AZ) and Ben Nelson (D-NE). Nelson will face a bitter battle for his senate seat in the next election.

The agreement will allow votes on Janice Rogers Brown, Priscilla Owen, and William Pryor to appellate court positions. Democrats and liberal groups have labeled these three nominees as the most conservative in history. There is no agreement on the nominations of Henry Saad and William Myers. They could be blocked by a potential filibuster.

The agreement also states that future judicial nominees, including Supreme Court candidates, will not be filibustered except in "extraordinary circumstances." What constitutes an "extraordinary circumstance" is up to the individual senator. In other words, and nominee of President Bush.

Sen. John McCain (R-AZ) said the agreement was made with "trust, respect, and to protect the rights of the minority."

Speaking as a Republican Sen Mike Dewine (R-OH) said the filibuster had been used too many times in recent years and his expectations are the agreement "will work."

Notable by their absence were Senator Majority Leader Bill Frist (R-TN) and Senate Minority Leader Harry Reid (D-NV). Neither have agreed to the compromise.

For the moment the nominations of a few judges will go forward. The acrimony between the Republicans and Democrats will continue. With Sen. Robert Byrd (D-WV) a part of the agreement, it is likely that it will not work in the long-run. Byrd is not known for his ability to maintain an agreement within his party let alone with Republicans.

If, and when, Byrd or one of the other Democrats decides to filibuster a nominee, Republicans will have the opportunity to begin the process to change Senate rules.

One affect of the judges selected for confirmation without filibuster is the White House can nominate judges with similar views and records. An attempt to filibuster of block any new nominee would have the Republicans pointing out the hypocrisy of the Democrats and their selective memory.

For the "moderate" senators their could be backlash from Senate leadership, the party, funding groups (legal and illegal), and the voters. They have chosen a very dangerous course to continue their Senate career.

This reporter's prediction is that Robert Byrd (D-WV) will be the first to renege on the agreement during any future debate on nominees to the Supreme Court.

More tomorrow.

Monday Update - 5.23.05 - Rehnquist Visits Capitol Medical Department

Good afternoon . . .

As the Supreme Court winds down its term and the temperature rises over the president's judicial nominees, Chief Justice William H. Rehnquist visited the Capitol Medical Department today.

The reason for the visit remains unclear as Medical Department and Supreme Court officials were not available for comment.

The 80 year-old jurist continues treatment for thyroid cancer which kept him off the bench from October through March.
News
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The former disgraced anchor of CBS News continues to support producers and others connected with the bogus story on '60 Minutes Wednesday' that cost him the anchor chair, his integrity, and much of his legacy.

In an interview with Tina Brown on CNBC, Dan Rather praised producer Mary Mapes as "a very good pro" and insisted that "she's the kind of professional that the audience should want on television."

Mapes is the producer of the segment about President Bush's Texas Air National Guard service that used forged documents in an attempt to affect the outcome of the November 2004 election.

Rather and Mapes worked together for many years to find a story, any story, that would discredit the president on any issue. The issues regarding the President's service had been debated since he first ran for office. It was a closed issue until Rather and Mapes decided to use forged documents to show a completely different picture.

Although he lost the anchor chair and his reputation, Rather insists that the documents may be a problem, but the story is true. Rather's bias toward the president and his father have been known for many years. Any hint of objectivity from Rather was non-existent on-the-air and in private.

Unfortunately, the CNBC interview with Tina Brown was full of softball questions trying to show Rather as a victim. In one of his rambling answers, Rather said, "CBS News has a culture, has a history that those of us who work here, it's very real -- that we see it as a sort of magical mystical kingdom of journalistic knights."

What does that mean, Dan?
More from the Media Research Center.
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President Bush weighed in on the Senate debate over his judicial nominees.

"People ought to have a fair hearing and they ought to get an up-or-down vote on the floor," Bush said at a White House news conference.

Meanwhile, on the floor of the Senate comments from both leaders show that any compromise is not a viable option.

"The moment draws closer when all 100 United States senators must decide a basic question of principle, whether to restore the precedent of an up or down vote...or to enshrine a new tyranny of the minority into the Senate rules," said Majority Leader Bill Frist(R-TN).

"You should not be able to come in here and change willy nilly a rule of the Senate," countered the Democratic leader, Sen. Harry Reid(D-NV).

A vote on Priscilla Owen to a seat on the US 5th District Court of Appeals is scheduled for Tuesday. If Democrats attempt to block the vote, Republicans will set into motion a plan to ban filibusters for judicial nominees.

While Republicans seem to have the necessary votes to change the Senate rules, Democrats have threatened to slow down the business of the Senate if the rules are changed. That tactic will backfire on the Dems when millions of Social Security benefit recipients do not receive a check because Democrats in the Senate refused to pass spending legislation.
Marathon Debate Over Judges Set in Senate - Yahoo! News
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When is enough, enough?

Congress has refused to end a decade-long investigation into the activities of former Housing Secretary Henry Cisneros.

A Senate provision in the funding bill for troops in Iraq and Afghanistan to end the investigation was killed during closed-door meetings.

The investigation into Cisneros who was Bill Clinton's housing chief from 1993-96 centers on payments made by Cisneros to a former mistress. During the initial investigation, Cisnerors, like Clinton, lied to FBI investigators.

Cisneros later pleaded guilty to a misdemeanor and was fined $10,000. President Clinton pardoned him in 1999.

Independent Counsel David Barrett told a three-judge pane that the investigation will continue for another 10 months and may not end at that point.

So far the investigation has cost taxpayers $21 million.

Now this is a little ridiculous. The guy pleaded guilty, was fined, and later pardoned. What more is there to investigate? There needs to be an investigation into special counsels and prosecutors to see if their work merits further funding after a successful prosecution.

This does not make any sense.
Spending Continues in Cisneros Probe - Yahoo! News
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More tomorrow.

Monday Briefing - 5.23.05

Greetings . . .

Sometimes attending church is much like attending a political rally. A rally that doesn't always have all the facts. That was the case for me attending church on Sunday.

Before services began a member of the Right-to-Life organization decided it was time to politicize the abortion issue in church. While my position on the issue is well known, I'm not really interested in having a church member providing only one side of the issue.

Of course, they can present any side of the issue they like, but I wish they would give the facts correctly.

During the presentation, the facts of Row v Wade were incorrectly stated. The affect of Row v Wade was stated incorrectly. They forgot to mention there are some restrictions on abortion in most states. They forgot to mention that Congress passed a partial-birth abortion ban. They forgot to mention that Congress recently passed a bill that would not allow young women to cross statelines to avoid a parental notification law. They forgot all these facts.

So, if you have an opinion on the abortion issue, fine. Just make sure that you know and understand all sides of the issue.
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The Supreme Court will be re-entering the discussion on abortion. The Court will hear an appeal of a decision to strike down a parental notification law in New Hampshire.

The appeal comes from a 2003 case decided by the 1st US District Court of Appeals in Boston. The court struck down New Hampshire's parental notification law because it did not provide and exception to protect the minor's health in the case of an emergency.

The case will be heard in the new term that begins in October.

This case and other important issues scheduled for the new term are fueling speculation on the possible retirement t of Chief Justice William H. Rehnquist. If Rehnquist retires before the end of the term, a firestorm will surround any presidential nomination for his replacement. The White House has developed a short list of potential candidates, but claims it is only an exercise.

Speculation is Justices Antonin Scalia and Clarence Thomas are potential; successors to Rehnquist with Scalia being the choice of many.
Court Taking Up Abortion Notification - Yahoo! News
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In a 6-3 vote the Supreme Court rules that a state can restrict participation in a state's primary election to the party's own members.

At issue is a Oklahoma law that prohibits political parties from opening their primaries to other registered votes.

The state Libertarian Party was seeking to have Democrats and Republicans to vote in its primary to draw more voters to its candidates.

The justices reversed a US appeals court decision that declared the Oklahoma law was unconstitutional. Justice Clarence Thomas wrote the opinion for the majority.

Oklahoma is one of 24 states that have some type of restriction on voting in party primaries.
State can limit party primary election, court rules - Yahoo! News
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A vote to end debate on the nomination of Texas Supreme Court Justice Priscilla Owen is scheduled for tomorrow. The result of that vote could set into motion the process to change a Senate rule that will ban filibusters for judicial nominees.

Several "moderate" senators have been negotiating for a settlement. Thus far the only possible compromise is to vote for only a few justices and ask President Bush to withdraw the names of more "controversial" nominees.

Senate Majority Leader Bill Frist (R-TN) and the White House have rejected this same compromise several times in the past weeks.
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NBC's Meet the Press wasted its entire hour on Sunday with a lengthy interview of DNC Chairman Howard Dean.

Although Dean did not give his signature scream, he did dodge many questions from host Tim Russert.

On several occasion Russert tried to pin Dean down on his statement that Tom DeLay should return to Texas and serve his prison term. Russert asked if this was appropriate since DeLay hasn't been convicted of anything. Dean said he believed he was guilty.

Later Russert asked how he could "go soft" on Osama Bin Laden and convict DeLay without a trial. Dean said he thought De:Lay was guilty.

So, much for "innocent until proven guilty" for opponents of the Democratic Party.
MSNBC - Meet the Press, online at MSNBC - Front Page
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More later.

Friday, May 20, 2005

Friday Briefing - 5.20.05

Good morning . . .

It is shaping up to be a slow news day. This may be the only posting for today.
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With a vote set for Tuesday on the Senate rule change to ban filibusters on judicial nominations, several "moderate" senators continue to look for a compromise. Thus far any compromise proposed by the Democrats have included the withdrawal of several of President Bush's more "controversial" nominees.

Both Majority Leader Bill Frist (R-TN) and the White House have rejected any plan that does not give an "up or down" vote to all judicial nominees.

Frist will file a motion today to begin the countdown toward ending the debate on Texas Supreme Court Justice Priscilla Owen' nomination to the US %th Circuit Court of Appeals in New Orleans.

Barring any last-minute compromise, the motion would lead to the GOP push next week to change Senate rules barring filibusters for judicial nominees.
Pursuit of Filibuster Compromise Stepped Up
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Last Friday the Pentagon issued its list recommending the closing or realignment of 33 major bases and dozens of smaller bases including many National Guard and reserve facilities. The Base Realignment and Closure Commission (BRAC) began hearings last Monday with extensive testimony from Secretary of Defense Donald Rumsfeld and Chairman of the Joint Chiefs Gen. Richard Meyer.

That is the beginning of a process that will see more public hearings and cries of outrage and surprise from members of Congress, governors, and the communities affected by the closings.

Three GOP senators have taken another step to limit or delay the process. Lisa Murkowski (R-AK), Ted Stevens (R-AK), and John Thune (R-SD) have offered legislation to delay the BRAC Commission. The bill would delay the process "until a complete analysis is conducted on overseas facility requirements."

"The recent BRAC recommendations are far-reaching nationally and would have enormous effects on communities like Fairbanks," Murkowski said, referring to the potential closing of Eielson Air Force Base. "This legislation appropriately delays implementation of the recommendations until we have a more thorough inventory of our military assets and priorities."

Thune campaigned on a promise to keep Ellsworth Air Force Base open.

It is unlikely that the proposed bill will receive serious consideration. The best option for the three senators is to actively participate in the process and demonstrate the continued viability of the bases they want to save. As noted in this column, Fort Dix in New Jersey and portions of the Philadelphia Navy Yards were saved during the review process.
GOP senators propose to postpone BRAC
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The criticism over an article published in Newsweek continues in spite of an apology and retraction from the magazine.

The bogus article incorrectly reported that a copy of the Quran was flushed down a toilet by investigators at Guantanemo Bay, Cuba. The article sparked anti-American protests in Afghanistan and Pakistan that killed 17 people.

Now a Texas House member, Randy Neugebauer, has introduced a resolution calling for the American media to be more responsible and accurate while declaring "most Americans don't have a great deal of faith in what the media reports."

The measure expresses concern about the culture of today's media that is more concerned with getting the story first rather than insuring that they are accurate.
Neugebauer leads Newsweek charge
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A British tabloid, The Sun, has published photos of Saddam Hussein in his jail cell, The front page of the newspaper showed Hussein in his underwear.

Other than to attempt to embarrass the Bush administration, what purpose does this pictured serve? Do we really want to see Saddam in his underwear?
NEWSCHANNEL 5
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More later.

Thursday, May 19, 2005

Thursday Update - 5.19.05 - Judge Asks for Increased Protection

Good afternoon. . .

A federal judge whose husband and mother were killed by a deranged man testified Wednesday before the Senate Judiciary Committee.

Us District Judge Joan Lefkow spoke about the incident "so no one else will have to suffer what we've suffered."

Lefkow urged Congress to quickly distribute the $12 million for enhanced security for federal judges including home security systems fir active and retired federal judges.

Lefkow also condemned the harsh rhetoric against the judiciary coming from members of Congress and some conservative ministers.

"The fostering of disrespect for judges can only encourage those that are on the edge, or the fringe, to exact revenge on a judge who displeases them."

Lefkow said: "Whether liberal or conservative, I have never encountered a judge in the federal judiciary who can remotely be described as posing a threat, as Mr. Robertson said, 'probably more serious than a few bearded terrorists who fly into our buildings."'

When asked by Sen. Arlen Specter (R-PA) why she had not asked for help from the US Marshall Service after a threat by white supremacist Matthew Hale, Lefkow said she lacked the expertise to asses the treat and worried that the US Marshall Service has no system in place to assess and protect her safety. At one point Lefkow said that the US Marshall has trouble getting defendants to court how can they protect judges.

Judge Lefkow has not appeared on the bench since the February incident and there is no set date for her return.
PJStar.com - Journal Star News
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The contentious 2004 election may finally be over in Ohio.

The Ohio State Supreme Court declined Thursday to punish four attorneys who challenged the results in court.

Chief Justice Thomas Moyer ruled against the state's attempt to have lawyers sanctioned for filing "a meritless claim" against the vote that gave President George Bush a win in Ohio and, as a result, enough votes to win a second term.

In legal documents filed with the court, the four attorneys claimed to have substantial evidence of voting irregularities to back of their claim of widespread fraud. The claim was withdrawn without a hearing.

"The General Assembly could have expressly authorized courts to sanction those who pursue frivolous election contests. It has not," Moyer, a Republican, wrote in his decision.

If the court had sanctioned the lawyers, they could have been forced to repay court and attorney's fees.
Ohio Supreme Court Won't Sanction Lawyers - Yahoo! News
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More tomorrow.

Thursday Briefing - 5.19.05 - VoIP and E911

Good morning . . .

Early adopters of Voice of Internet found that it was clunky and users were tied to a computer while phoning friends and loved ones. Using VoIP over a broadband connection allows users, with an adapter, to use traditional phone devices. VoIP allows users unlimited calls including long distance and in many cases international calls for a small price. Companies like Vonage and Lingo are leading the industry in providing VoIP service.

VoIP is not without its drawbacks. They operate differently than traditional phone devices. Traditional phone networks use dedicated circuit-switched lines to pinpoint a geographic location. Internet phones use an IP address which makes it more difficult for existing 911 services to find specific geographical locations.

VoIP providers require cooperation from traditional phone carriers to provide a link to 911 emergency services. That cooperation is slow and not very forthcoming.

The FCC will be proposing a rule today on what requirements should be necessary for VoIP vendors to also have E911 capabilities.

Whatever the rule mandates, it is likely the cost of VoIP service will rise accordingly.

The proposed rule can be found on the FCC website as a MS Word Document.
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Some students, faculty, and alumni at Calvin College in Michigan are upset about their commencement speaker. The speaker . . .President George W. Bush.

While most college and universities would be thrilled at the hom=noe of being one of only two colleges to have the president as the commencement speaker, some people at Calvin College see it as a political event.

More than one-third of the faculty at the Christian school have signed a letter that will be published in a Grand Rapids newspaper says in part, "As Christians, we are called to be peacemakers and to initiate war only as a last resort. We believe your administration has launched an unjust and unjustified war in Iraq."

Another letter signed by over 800 faculty, staff, alumni, and students will appear as a full-page ad in a Grand Rapids newspaper on Friday will say in part, "We are alumni, students, faculty and friends of Calvin College who are deeply troubled that you will be the commencement speaker at Calvin. In our view, the policies and actions of your administration, both domestically and internationally over the past four years, violate many deeply held principles of Calvin College."

Sources say that several graduating seniors will adorn their caps and gowns with anti-administration slogans.

Is there no control over students at a Christian college? Putting free-speech aside, the letters, costing over $12,000, are an insult to the President. Will the college step up and require students to remove anti-administration slogans from their attire.

One student, Elise Elzinga, says she is worried about a "Christian college being associated with the Christian right." What? Most Christian colleges are conservative. What type of "Christian" values are they teaching at Calvin College?

Since the faculty and students object so strongly to the president's visit, perhaps he could be persuaded to cancel the visit along with any federal funds the college receives. That would, in essence, eliminate a substantial portion of the financial aid students receive.
POMP AND POLITICS IN GRAND RAPIDS: Bush visit brings controversy
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The Army has scheduled another Article 32 hearing for PFC Lyndie England for her part in the prisoner abuse scandal in Iraq.

England, a reserveist from West Virginia, pleaded guilty to several counts of the indictment against her. That guilty pleas was rejected after testimony from Charles Garner revealed that England may not have known what she did was illegal.

The Article 32 hearing set for next Tuesday is the equivalent of a grand-jury.
Army Schedules Abuse Hearing for England - Yahoo! News

In a related story, a military jury sentenced Spc. Sabrina Harman to six months confinement for her role in the Abu Ghraib abuses.

During the sentencing hearing Tuesday, Harman apologized for her mistreatment of prisoners in Iraq.

As a soldier I failed in my duties and in my mission," Harman said, her voice cracking. "Not only did I let down the people in Iraq, I let down every single soldier that serves today."
Harman Apologizes for Abu Ghraib Abuse - Yahoo! News
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CNN talk show host Larry King will not be able to testify in the Michael Jackson child-molestation trial.

After a hearing in which an account of a conversation between King and an attorney for the accuser's family, Judge Rodney Melville ruled King's testimony is irrelevant.

Speculation is that other celebrity witnesses for the defense may have the same fate.
Larry King Can't Testify for Jackson - Yahoo! News
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More later.

Wednesday, May 18, 2005

Wednesday Update - 5.17.05 - Debate Continues

Good afternoon . .

The debate continues on the Senate floor on the judicial nominees of President Bush. For complete coverage go to C-SPAN.
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DNC Chairman is like the Energizer bunny, except in Dean's case he keeps talking, and talking, and talking. The result is he continues to make the Democrats look bad. His comments in many cases are not accepted by the most liberal of Democrats.

On Saturday, Dean continued to bash House Majority Leader Tom DeLay. In a speech to Massachusetts Democrats Dean said Delay "'ought to go back to Houston where he can serve his jail sentence." Problem is DeLay has not been convicted of anything, but Dean believes that the possibility of an infraction is cause enough to go to jail.

Today, the DNC leader told the Arizona Republic, "There's corruption at the highest level of the Republican Party, and they're going to have to face up to that one of these days, because the law is closing in on Tom DeLay.

"I think he's guilty ... of taking trips paid for by lobbyists, and of campaign-finance violations during his manipulation of the Texas election process."

This is a very different stance for the failed presidential candidate, during the campaign made it a point to give Osama Bin Laden the benefit of the doubt on his guilt in the 9/11 attacks.

In a campaign speech, Dean said, "I still have this old-fashioned notion that even with people like Osama, who is very likely to be found guilty, we should do our best not to, in positions of executive power, not to prejudge jury trials."

In other words a sworn enemy of the United States should get a fair trial and all that goes with it, but a Republican who serves his district and country with distinction should go directly to jail without an indictment, trial, or conviction.

This is the type of leadership that the Democrats have. This type of leadership will reduce the amount of money they can raise and will keep them out of power for many years to come.
WorldNetDaily: DeLay guiltier than bin Laden?
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William F. Buckley, Jr. has been credited with the start of the conservative movement. For years Buckley stood at the forefront of American thought and politics. By founding the National Review, Buckley brought conservative thought and wisdom to a wider audience. His television show, Firing Line made it possible for viewers to see a glimpse into the minds of conservative and liberals alike.

His retirement from National Review has left a big hole. The principles of the magazine continue, but the wit and wisdom of Buckley are only seen in rare columns. I miss his weekly insight into American politics.

In the aftermath of Newsweek's bogus article on the desecration of the Quran by investigators at Guantanemo Bay, Buckley has penned an excellent article on Newsweek's Dilemna.
William F. Buckley Jr. on Newsweek and the Koran on National Review Online
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More tomorrow.

Wednesday Update - 5.18.05 - The Showdown Begins

Good morning . . .

An historic showdown began in the US Senate this morning. The debate pits Republicans who favor the Constitution and the obstructionist politics of the Democrats.

The debate is on whether there should be a rules change in the Senate to ban filibusters on presidential nominees. The Republicans argue that the Constitution says the Senate will "advise and consent" to the nominees of the president not will be "selected by the minority for a vote." Senate Majority Leader Bill Frist (R-TN) argues the nominees deserve and "up or down" vote on the floor of the Senate and that a simple majority is all that is required under the Constitution. It takes 60 votes to end a filibuster and Democrats say that is how many votes will be necessary to confirm President Bush's judicial nominees.

The rule change for filibusters only applies to judicial nominees. The minority party will continue to have the ability to filibuster legislation and other presidential nominees.

Attempts to compromise failed because the Democrats would not allow an "up or down" vote for all the nominees. Reid said that the Democrats would not filibuster two or three nominees if the president would withdraw the names of the more "controversial" judges. Both Sen. Frist and the White House declined to make such a compromise. The Democrats call the nominees "controversial" because they are conservative judges instead of the liberal activist judges Democrats prefer.

Listening to early arguments, it becomes obvious that Senate Minority Leader Harry Reid (D-NV) does not understand the nomination process. He continues to insist that judicial nominees have received a vote. They have not. The only vote taken was to end debate on the nomination not whether to confirm the nominee.

As the debate continues, the big question will be how many Republicans will defect to the Democrat side? You can be certain that the White House will be looking very carefully at any defector and his or her future role in helping the president.

Continuing coverage can be found on C-SPAN.
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Could Dan Rather finally be out of a job? Probably not.

CBS announced the cancellation of '60 Minutes Wednesday' the show that aired the controversial segment in which Rather and producer Mary Mapes attempted to change the course of a Presidential election. The now infamous segment used forged documents to criticize President Bush's Texas Air National Guard Service.

The failure on the part of Rather and Mapes to properly authenticate the documents and then cover up and stonewall any attempt to show the documents as forgeries led to an investigation that cost Rather the anchor chair and the jobs of Mapes and four other CBS News executives. Only CBS News President Andrew Heyward and CBS President Leslie Moonves escaped the investigation. Both should have been included in the resignations that followed the investigation.

During the announcement, Moonves insisted several times that the cancellation of the show was related to ratings not "content." It is impossible for any clear thinking follower of the ,media to believe that "content" and the addition of Dan Rather to the program did not enter into the decision. Me. Moonves you nose is getting longer.

The cancellation will, more than likely, result in layoffs of CBS News staffers, but Dan Rather will escape to '60 Minutes Sunday' to continue his tarnished career.
Seattle Post-Intelligencer: AP - TV
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The Federal Communications Commission has started a process that could result in new ownership rules for cable companies. Tuesday the FCC announced it would review limits that would ensure there is adequate competition and programming diversity.

The move by the FCC comes four years after an federal judge ruled the agency had not adequately justified the ownership caps it established in 1993.

The earlier caps said that no one company could own more than 30 percent of US cable subscribers and no more than 40 percent of the programming shown on their systems.

When the rules were established in 1993 no company was close to the caps, but with the mergers of several large companies Comcast is coming close to the caps.

The commission's two Democrat members, Michael Copps and Jonathan Adelstein hope the cable companies are willing to work with the commission. "We hope that cable operators and other parties do not argue that there should be no numerical limits, but instead provide appropriate and necessary information to help us implement" new rules, they said.

Under FCC rules a 30-day period for public comment will begin after the FCC's rule-making notice is published in the Federal Register.
FCC to Take Another Look at Cable Rules - Yahoo! News
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More later.

Tuesday, May 17, 2005

Tuesday Update - 5.17.05 - Newsweeks's Apology & Retraction Not Enough

Good afternoon . . .

Pakistan and Afghanistan are angry with Newsweek. The article in the May 9 edition about the desecration of the Quran at Guantanemo Bay caused a number of protests in both countries with 17 killed and more than 100 injured in the riots.

Although Newsweek retracted the story on Monday admitting that the anonymous source was "not credible," may not be enough for either government.

A spokesperson for the Afghan president, Jawed Ludin, said that the retraction was a "positive step." In answers to reporters questions Ludin said, " "It's only fair to say at this stage that Newsweek can be held responsible for the damages caused by their story." This writer hopes the Afghan government finds a way to do this.

Pakistani officials do not believe that an apology and retraction is enough.

"Just an apology is not enough. They should think 101 times before publishing news that hurts hearts," Information Minister Sheikh Rashid Ahmed said in Islamabad.

Meanwhile at the troubled magazine, top executives say that are standing behind the story and reporter, Michael Isikoff. Isikoff offered to resign over the weekend, but it was not accepted. So, Isikoff gets away with poor reporting and poor research and failing to follow and stands of journalism. That would m,ake him eligible for any job at CBS News. So, as is typical in the liberal media, no one is willing to take responsibility for the article and its aftermath in the Muslim world.

The White House believes that the source for the story on the Quran came from Congress and not the administration. Also typical. Members of Congress have been responsible for more leaks than icebergs hitting the Titanic.
My Way News
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A rape defendant who is accused of stealing a deputy's gun and killing a judge an three other people pleaded not guilty to murder charges in an Atlanta courtroom. If convicted of the additional charges, Brian Nichols, 33, could receive the death penalty.

During the brief hearing Nichols' lawyer entered the not guilty plea to a 54 count indictment. As with earlier hearings since the March 11 incident, extra security including plainclothes officers could be seen inside the courtroom.

Motion hearings will be held next month in nearby DeKalb County, and defense attorneys will be seeking a gag order and to have the Fulton County District Attorneys Office barred from prosecuting the case.

Today's hearing was presided over by retired Judge Hilton Fuller from DeKalb County. The selection of Judge Fuller was over concerns that Nichols might not get a fair trial in Fulton County.
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The Senate demonstrated today that spending limits were less important than packing the Highway Bill with pork and other pet projects.

The $295 billion bill was passed 89-11 and contains more money for roads and highways than the president requested. The bill is $11 billion more than a House version and the maximum the White will accept without a veto.

White House Press Secretary Scott McClellan repeated the president;s veto threat Tuesday, saying the president was "very serious" about following a fiscally responsible budget.

The Senate rushed the bill through before it enters debate on Senate rule changes and judicial nominees which could bring the work of the Senate to a standstill.

If President Bush vetoes the bill, it will be his first veto.
Senate Defies Bush, Approves Highway Bill - Yahoo! News
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Moe tomorrow.

Tuesday Briefing - 5.17.05 - Newsweek Retracts

Good morning . . .

Newsweek magazine announced late on Monday that it was retracting its May 9 article that claimed military investigators at Guantanemo Bay desecrated a Quran by flushing it down a toilet.

The retraction is a footnote to a letter from editor Mark Whitaker following a whitewash statement that the magazine "regrets any part of our story was wrong." Sorry, Mr. Whitaker, it is too little and much too late.

Like CBS News you went to press with a story that had only one source and that source was anonymous. You pinned your hopes on bashing the Bush administration on a source that was labeled by the Pentagon as "not credible." You failed to properly confirm the allegations with other sources o information. You were playing "gotcha" journalism.

Unlike CBS News' attempt to change the course of a presidential election, your story resulted in riots in Pakistan and Afghanistan that cost the lives of 15 to 17 people and injured hundreds of others. Your failure to have a story that was anywhere near accurate had a more devastating affect on the US image in the Muslim world.

In this writer's opinion, you should be held accountable, legally and financially, for any costs incurred by the families, cities, and countries where riots occurred. Every reporter, editor, copy boy, proofreader, researcher, or manager associated with the story should be fired. Every advertiser should withdraw any further ads from your "not credible" magazine. You should simply go away.
The Editor's Desk - Letters & Live Talk - MSNBC.com
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In a related story, a Pentagon memo dated Jan 19, 2003, gives very specific instructions on how to handle the Quran.

US officials said the memo reflects a specific policy on handling the Quran, one of the most sensitive issues to Muslims.

The detailed rules require U.S. Muslim personnel to use both hands when touching the Koran to signal "respect and reverence," and specify that the right hand be the primary one used to manipulate any part of the book "due to cultural associations with the left hand." The Koran should be treated like a "fragile piece of delicate art," it says.
U.S. Long Had Memo on Handling of Koran
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Senate Minority Leader Harry Reid (D-NV) stormed out of Senate Majority Leader Bill Frist's (R-TN) on Monday ending negotiations over President Bush's judicial nominees.

Reid quit the negotiations because Frist continues to insist that all judicial nominees deserve an up or down vote on the floor of the Senate. Reid's compromise that he has repeated and failed to move from would have votes for some, but not all of the nominees. Reid has asked the president to withdraw the names of the more "controversial" judges. The White House has declined that request.

"The goal of the Republican leadership and their allies in the White House is to pave the way for a Supreme Court nominee who would only need 50 votes for confirmation rather than 60," Reid said. This statement demonstrates the Democrats desire to have a majority without earning it from the voters. Judicial nominees only require 60 votes when the minority party filibusters the nomination. Under the Constitution judicial nominees only require a simple majority for confirmation. It is the Democrats under Reid's leadership that want to take over the nomination process.

In the background a few "moderate" (read as wimpy" senators are trying to forge a deal that will only allow votes on a few judicial nominees. Headed by Sen. John McCain (R-AZ), the deal is similar to the proposal of the Democrat leadership. A deal that has been rejected by Sen. Frist and the White House.

It is likely that a showdown over a rule change to end filibusters for judicial nominees will take place this week. Of course, Sen. Frist has been saying that for several months. While the Democrats would have you believe that the sky will fall if the rule changes, the rule change only applies to judicial nominees. The Democrats will still have the ability to filibuster other nominees and bills. The Democrats have threatened to filibuster most Senate business if the rule is changed.

It is time to act, Sen. Frist, you must act like the leader of the majority party. The Constitution says "advise and consent" not "negotiate and filibuster."
Showdown Over Filibusters Appears Imminent - Yahoo! News
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More later.

Monday, May 16, 2005

Monday Update - 5.16.05 - Rumsfeld Appears Before BRAC Commission

Good afternoon . . .

Secretary of Defense Donald Rumsfeld and Chairman of the Joint Chiefs Gen. Richard Myers appeared jointly at the beginning of the BRAC Commission's hearings.

The hearings will eventually determine how many of the recommended bases and facilities will be closed or consolidated.

Both Rumsfeld and Myers emphasized the importance of the closings in a post-Cold War era.

"If we don't make some of this happen, we're going to be stuck in the cold war mind set for a long time to come," Myers told the panel.

Said Rumsfeld: "Some asked why we're proposing any base closures during a time of war. The answer is the changes are essential in helping us win this conflict."

The nine member commission will hold hearings across the country in communities affected by the base closings.

In the previous rounds of base closings about 85 percent of the Pentagon's recommendations have been followed.

The members of the commission for this round are:
Anthony J. Principi, former Secretary of Veterans Affairs (2001-2005)
James H. Bilbray, a former Democratic House member from Nevada (1987-95)
Philip Coyle of California, a former assistant secretary of Defense
Ret. Adm. Harold W. Gehman of Virginia, a former NATO Supreme Allied Commander
James V. Hansen of Utah, a former Republican House member (1981-2003)
Ret. Army Gen. James T. Hill of Florida
Ret. Army Lt. General Claude M. Kicklighter of Georgia
Samuel Knox Skinner of Illinois, a former Secretary of Transportation
Ret. Air Force Brigadier General Sue Ellen Turner of Texas
Rumsfeld Defends Proposed Base Closings
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The fallout over the article in Newsweek claiming someone at Guantanemo Bay flushed a copy of the Quran down a toilet is just beginning.

Newsweek said in May 16 edition that "some parts of our story may be wrong." The magazine's "apology" is not enough for some officials in Washington.

The Pentagon said promised an investigation into the charges, but placed the blame for the deadly riots and clashes in Afghanistan on Newsweek's "irresponsible" reporting.

The White House said today that Newsweek's apology was insufficient.

"It's puzzling. While Newsweek now acknowledges that they got the facts wrong, they refuse to retract the story," said presidential spokesman Scott McClellan. "I think there's a certain journalistic standard that should be met. In this instance it was not.

"This was a report based on a single anonymous source that could not substantiate the allegation that was made," McClellan added. "The report has had serious consequences. People have lost their lives. The image of the United States abroad has been damaged. I just find it puzzling."

Upon her return from Iraq, Secretary of State Condoleeza Rice said the Newsweek story has "dome a lot of harm " to the US outreach into the Muslim world.

Yes, the story has done a lot of harm, but more than that and more than the attempt of CBS News to change the election, the Newsweek story ha caused riots and lives. By publishing a story that appears to be false, Newsweek and its editorial staff have committed murder. Not only should Newsweek print a retraction (which it won't( it should also be prosecuted for the deaths of the civilians in Afghanistan.
White House Wants Retraction From Newsweek - Yahoo! News
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The Democratic National Committee created a special commission to look into changing the primary season for presidential elections.

The commission met Saturday in Chicago to hear several proposals.

The DNC members gathered heard three proposals. Two of them would retain the prominence of the New Hampshire Primary and the Iowa Caucuses as the first rounds in the primary season.

A third plan, offered by Michigan's Car Levin, would have a series of six regional primaries that would rotate. The plan would allow for single-state primaries to begin the process, but those states would be rotated.

Activists from Iowa and New Hampshire defended their lead off status and rejected Levin's plan. They said the real problems was "front loading." 30 states had their primaries before mid-March in 2004 leaving states later in the process without much strength and few visits from candidates.

Tina Abbott of the Michigan Democratic Party argued that Iowa and New Hampshire were too small for the important role given to them by the parties. If that were so true, Bill Clinton would have never been president.

The result was nothing was done and it is unlikely that anything will be changed. The Democrats cannot even come together to forge a plan for future primaries. It is obvious they still cannot develop a plan to lead the country.

The commission will debate the plans in October and submit any changes (there will not be any) by December.

Republicans are already planning to launch their 2008 nominating process in New Hampshire and Iowa.
Democrats Consider Revamping Primaries - Yahoo! News
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Most newspapers across the country can be labeled as liberal or left-leaning. The New York Times, the LA Times, the Washington Post, and the Saint Louis Post-Dispatch make no secret in their liberal editorial board and slant in their reporting. Even the ombudsman at the New York Times says the paper has a liberal bias.

Now one paper that it about to be sold has placed a clause in the ale contract that requires the new owners to maintain the liberal bias in the paper for 5 years.

Lee Enterprises agreed to purchase Pulitzer Inc. for $1.46 billion dollars. One of the assets purchased by Lee is the St. Louis Post-Dispatch. The longstanding editorial slant of the paper is overwhelmingly slanted to Democrat or liberal ideas.

In the contract sent to stockholders on Friday there is a clause that says that Lee Enterprises "will cause the St. Louis Post-Dispatch to maintain its current name and editorial page platform statement and to maintain its news and editorial headquarters in the City of St. Louis, Missouri" for a period of five years.

While this is a bit unusual, it was not the biggest fear of Pulitzer. Speculation has been that Lee would move operations out of St. Louis.

Lee also agrees to continue to employee the Post-Dispatch's publisher and president.

The formal vote for the Lee all-cash $64 per share purchase will be held June 3 in New York City.
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More tomorrow