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Entries from January 2009

Obama Economic Pork Package

January 28, 2009 · 1 Comment

Porky Pig

In the urban South Bronx where  I work the economic engine is the Hunts Point Food, Produce, Meat and Fish Market.  The one thing they have in common is that they are all private entrepreneurs.  They employ thousands of persons, market workers, truck loaders, drivers, and pay taxes to the city.  I really don’t know their political affiliation and could care less.

Another employer are the social assistance groups. Many good folks who provide, shelter, food, art, dance, social assistance, STD support, and health care clinics.They are generally tax exempt and don’t pay taxes as non for profits. These folks are sincere very nice and also  loud, proud and activist members of the Democratic party.

President Obama in his piecemeal release of his ” economic stimulus” package seems to be selecting the later group ” social support” non for profit organizations. http://www.foxnews.com/politics/first100days/2009/01/27/republican-leaders-raise-concerns-acorn-stimulus-dollars/

Fox is reporting that Acorn is being chosen to receive funds from the ” economic stimulus” package.  Now Drudge is reporting that “STD” groups will receive monies. See http://drudgereport.com/flashsb.htm.

The pdf file is here http://www.rules.house.gov/111/LegText/111_hr1_text.pdf

In my opinion and from my  direct experience with these folks, the proposed stimulus is really a defacto grant.  A Grant is defined as Federal or State monies that don’t have to be repaid, and are generally given to people who need assistance. See http://www.teenanalyst.com/glossary/g/grant.html As such it defies logic that such monies are ” stimulus” they are social spending by Congress and the President. Humanistic, important and worthy but they will not stimulate the  economy.

They will not create jobs , they are being made to sustain these organizations in anticipation of dwindling Federal, State and Local grants as the economy contracts. Obviously an argument can be made that such maintenance keeps folks employed. But they are not economic employment stimuli, which are critical to an economy.See ( http://faculty.washington.edu/krumme/systems/multiplier.html )

To be fair Obama is also looking to finance essential services generally provided for by the local and state budgets and property taxes (e.g. police and education ) See http://www.startribune.com/politics/37293954.html Senator Leahy a Democrat from New York stated ” “With unemployment on the rise, cities and towns are cutting budgets, including critical funding for police,” Leahy said. “We must act quickly and decisively to shore up state and local law enforcement, or face a reversal of the great strides we made to reduce crime in the 1990s.”

I’m not sure if “change” is coming I think it’s politics as normal. Obama is now backtracking on $200 million being proposed for ” family planning”. See http://www.iht.com/articles/2009/01/27/america/obama.4-417200.php

citijetFor all the proper outrage at the federally bailed out  Citbank  (http://www.nypost.com/seven/01262009/news/nationalnews/just_plane_despicable_152033.htm ) purchasing a plane for 50 million, Congress is much much worse.

The loser here is the nation, and just as the Democrats were proper to be critical of Bush and his ” religious ” litmus test for federal funds, the Democrats have a ” social ” litmus test for the funds. Neither is good for the nation and none of these funds are stimulus it’s pure pork. ( See http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2009/01/26/MNU515G2DD.DTL )

Worse, it demonstrates that Obama is not stepping up to take on the legislators like Regan going directly to the people. He has the popular opinion and the hope like Bush did after 911, but he appears to hesitant to apply this short lived populous power into true “change” and assist a needed economic recovery.

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Crime Increase as Economy Decreases

January 27, 2009 · Leave a Comment

Andrew Wyeth

The inevitable is happening crime is going up as the economic engines of the nations slow down.  As we here the news the information regarding the economy is downright scary. Yesterday is being called ” black Monday  see http://www.france24.com/en/20090126-monday-job-cuts-layoffs-philips-caterpillar-gm-ing-unemployment-black-monday for the massive layoffs in every segment of the economy.  They are reporting that world wide 85,000.00 persons were laid off yesterday.

Now a Police research group is stating that half of the nations Police Agencies are reporting spikes in crime including Robbery and Burglary. See http://www.usatoday.com/news/nation/2009-01-26-econcrime_N.htm?loc=interstitialskip

Even areas which have not been known as crime prone, such as suburbia are worried.  As more home go into foreclosure local governments are losing revenue and as the tax bases falls local government workers including police are laid off. See http://www.usatoday.com/news/nation/2008-10-16-crime-economy_N.htm

See also ” As Foreclosed Homes Empty Crime Arrives. http://www.washingtonpost.com/wp-dyn/content/article/2008/04/26/AR2008042601288_pf.html

In the dark days of the New York City Economy, the infamous words by Howard Co sell were aired during the second game of the World Series at  Yankee stadium; “  Ladies and Gentleman there it is ” the Bronx is burning“, see http://www.nydailynews.com/features/bronxisburning/ many attribute this to landlords burning down their buildings to collect insurance monies. This was referred to as “ Jewish Lightning” see http://en.wiktionary.org/wiki/Jewish_lightning

England is trying to curb crime with” plane meaning” signs such as ” you must pay for all fuel”  Unreal see : http://freakonomics.blogs.nytimes.com/2009/01/23/freak-shots-stating-the-obvious/

Categories: Law · NYC · Police · crime
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Obama’s First Move May Be His Willie Horton Moment

January 23, 2009 · Leave a Comment

gunatamo-bay

In his inauguration address  ( see http://www.nytimes.com/2009/01/20/us/politics/20text-obama.html?partner=permalink&exprod=permalink to the nation President Obama stated these words” Our nation is at war against a far-reaching network of violence and hatred. Like it or not these words which were very carefuly carved is an admission that Al Queda ( see http://en.wikipedia.org/wiki/Al-Qaeda) and the Taliban  ( see http://en.wikipedia.org/wiki/Taliban ) are “enemies” in a war.

He also stated : “As for our common defense, we reject as false the choice between our safety and our ideals.” Implicit in this was that the Bush administrations  treatment of prisoners at Guantanamo Bay (see http://en.wikipedia.org/wiki/Guantanamo_Bay_detainment_camp was not in comports with our notions of Liberty and Justice.  Moving swiftly to fulfill his campaign promises yesterday the president has ordered a cease and desist order with regard to shutting down the facility and reviewing cases as to whether they should be  transferred, prosecuted, and or  released. See http://www.nytimes.com/2009/01/22/us/politics/22gitmo.html?partner=permalink&exprod=permalink 

This announcement is consistent with President Obama’s “change” and appeals to those who argue the camp is inhumane, unlawful, anti American, Nazi like,  a torture facility and as such it’s operation is inconsistent and an affront with notions of freedom, fairness and justice in our society.

They have strong Constitutional Law to support there argument. During World War II and immeditely after the attack on Pearl Harbor, Americans of Japanese decent were placed in “internment camps” see http://en.wikipedia.org/wiki/Japanese_American_internment. In the famous case of Korematsu v U.S. see ( http://www.law.cornell.edu/supct/html/historics/USSC_CR_0323_0214_ZO.html) the Justices debated the military need for national security, the horrors of detentions facilities and the connotations therein against the rights of individual civil liberties. The case however is mostly known for Justice Hugo Blacks dissent ” legal restrictions which curtail the  civil rights of a single racial group are immediately suspect and subject to the most rigid scrutiny”   .  This was the birth of ” civil rights” and protection against invidious discrimination.  I fully support the dissent  and the reasoning. ( See http://www.pbs.org/wnet/supremecourt/personality/landmark_korematsu.html) However, most if not all of the “enemy combatants” were not chosen or incarcerated because of there faith, heritage, or racial background, it was because of factual connections with terrorism and or active combat agains Americans.

I don’t know enough about the facility, however if in fact the detainees there are prisoners from a war that President Obama admits is ongoing, it appears to be the first time a President has released prisoners of war and or enemy combatants during a time of ongoing conflict.

Clearly before making such a decision he had to weigh the risks involved,. They are  crystal clearly had it ( Gitmo) remained open Obama would have been deemed a liar, and breached his promise to the American electorate.  This would have offended a large portion of the “anti war”, anti detainee status, and legal professionals who argue that “GITMO” detaineedare entitled to the full protections ( even if they are not citizens of the U.S.A.) of our judicial systmem and Constitution. 

The issue that remains open and unclear, must soliders now have probable cause before seizing enemy combatants. Must they ” cease” and “preserve” evidence, or be civilly liable, like police officers when engaging the enemy. Must they invoke Miranda rights before ” debriefing” a prisoner who may have critical knowledge of facts, and information that will protect the safety of our soliders and citizens.

 Clearly Obama weighed the risks ( political breaching a campaign promise) against ( risk to American warriors and national security interests). Given that this happened so quickly in his administration  indicates that his staff felt this was imperative.   The loser, is clearly the American Soldier’s who are  in a war that Obama admits is on going.  Just as football teams fail to perform at a higher  when a star is injured , so too does an enemy when it’s leaders are imprisoned, injured or killed. Here is an example.

 Fox News is reporting  that “Said Ali al-Shihri”  who was held as an “enemy combatant” ( see http://projects.nytimes.com/guantanamo/detainees/372-said-ali-al-shihri ) a former prisoner at the Gitmo facility is now heading “Al Queda” operations in Yemen. See http://www.foxnews.com/story/0,2933,481849,00.html Now, on the face of the accusatory instrument it seems clear Shihri fought against us, and engaged in conspiracy to commit murder in the furtherance of his war with us.

Why was he released I don’t know, are Americans engaged in combat better off with him in jail, or back out in Al Queda and engaged in active planning, preparation, and participation in  war and terrorism efforts against our nation.

Well if any of those detainees get out and kill Americans and or attack our nation in their terrorist’s efforts President Obama will have his Willie Horton moment. See ( http://en.wikipedia.org/wiki/Willie_Horton)  What concerns me about this was that Obama chose expediency over a totality of the circumstances and evidence review. He could have appointed non partisan  “Parole type ” enemy combatant ” review body with former Judicial leaders such as “Sandra Day O’Connor ” to render decisions on detainees.  

In my opinion our men and women at war and their families are risking enough already. While a robust review of Guantanamo Bay and it use fullness and status of detainees is acceptable. Closure without due diligence may further endanger American lives and expose us to another terrorism catastrophe.

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4th Amendment Police Mistake Leading to Search Is Upheld

January 14, 2009 · Leave a Comment

john_g_roberts_jr-photograph1Here is a summary of the facts. This man Mr. Herring goes to the local Sheriff’s office see: http://www.coffeesheriff.com/ to retrieve his truck. Apparently the local police know him. He gets his truck and leaves the police station. The Sheriff’s in the interim do a computer check and the adjoining county inform them he has an open warrant for his arrest. The Sheriff’s pull him over lock him up based upon what they think is a valid warrant. They search him pursuant to what later turns out to be an improper arrest, and recover a gun and drugs. They receive a phone call from the county which told them Herring was subject to arrest, and they are told “OOOOPS, that warrant is not in effect.

The issue;  ; Are illegal weapons and contraband  recovered on a person inadmissible when the initial  police arrest mistakenly believed they had probable cause to arrest the individual when in fact no probable cause to arrest was present.

The Court held and now made Rule of Law: ” “When police mistakes leading to an unlawful search are the result of isolated negligence attenuated from the search, rather than systemic error or reckless disregard of constitutional requirements, the exclusionary rule does not apply,” Chief Justice Roberts . For the Bibliograaphy of Justice Roberts See http://www.oyez.org/justices/john_g_roberts_jr/

For the New York Times Story, See http://www.nytimes.com/2009/01/15/washington/15scotus.html?partner=permalink&exprod=permalink For the Oyez summary see http://www.oyez.org/cases/2000-2009/2008/2008_07_513/ 

The case is Herring v The United States. The official decision may be read at http://www.supremecourtus.gov/opinions/08pdf/07-513.pdf

Cornell School of Law Summary :http://topics.law.cornell.edu/supct/cert/07-513

The Losing Attorney J. Fischer Stanford Law see http://en.wikipedia.org/wiki/Jeffrey_L._Fisher

Categories: Law · Police
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Riots In England Pro Hamas Anti Israel

January 11, 2009 · Leave a Comment

southamton-england-demonstrator-demand-cease-fire-hamas1

Again civil disorder has struck this time in England.  Demonstrators  some estimate at levels up to 12 thousand persons marched against the Israeli government military action against HAMAS ( See: http://en.wikipedia.org/wiki/Hamas ) ( a terrorist group)  took to the streets of London, this according to Sky New Reports :http://news.sky.com/skynews/Home/UK-News/Police-Braced-For-More-Gaza-War-Protests-After-Police-Injured-In-Clashes-Outside-Israeli-Embassy/Article/200901215201003?f=rss

Reports state that English Police withstood several hours of ” missiles” being thrown at them as they attempted to control emotional crowds , which estimates place at up to 12,000 persons. It appears the ” throwing shoes” at the police is now in vogue. Recording artist ” Annie Lennox”  while addressing the protesters  stated the Israeli action was tantamount to a ” massacre”.

Increasingly we are seeing civil unrest with Police as the mis- directed target of the demonstrators.   Recently the shooting of an unarmed man in a Oakland “BART” subway station by a police officer resulted in demonstrators becoming engaged in violent riot behavior.  See http://nowholdon.wordpress.com/2009/01/09/oakland-riots-the-return-of-fun-citys/

Past civil unrest in Greece, Iceland and other nations reflect that the current decade will see civil unrest rise to levels not seen since the 1960’s.  Riots have a long history see http://en.wikipedia.org/wiki/List_of_riots academics use language such as ” oppressed persons rebellion”, as they define a riot as ” mindless behavior”.

The increase in riots and violent behavior is increasing in synch with the  world economic down turn.   Additionally, the Muslim population is increasing in Europe, England’s Muslim  population is about 2.5 % of the nation. ( See http://news.bbc.co.uk/2/hi/europe/4385768.stm).  Muslims now out number  those of the Jewish faith and represent the largest non Christian denomination. See http://www.jewishexponent.com/article/12673

newark-riots-1967-police-protect-firemanThis is important to note in riot causation,  because in the past  one of the factors cited as a  cause of riots is   a lack of meaningful participation in the political process. ( e.g. African American riots 1967 Newark) See http://www.thirteen.org/newark/history3.html

Anarchists PosterAnarchists  ) See: http://en.wikipedia.org/wiki/Anarchism)  like to define civil unrest with violent behavior as ” justifiable revoloution” and point to events such as the “Boston Tea Party” See:  http://www.eyewitnesstohistory.com/teaparty.htm as evidence that their behavior is non criminal and in fact patriotic.

If you look at the video’s of recent demonstrations you see the Communist Flag,  and Anarchists logo’s. The posters in the London protest have a web site address of the “socialist party”.   Clearly evidence that many protest organizers have a political agenda which may be different than the intent of many protesters to exercise their free speech against the Israeli military action.

What all the recent demonstrations and riots have in common is  Communists, Anarchists, Socialist and Anarchists ” fusing”  with demonstrators with a sincere ” political message”.  ( i.e.  Israel Cease Fire, Police Misconduct )   However, many of the other groups participate in any public demonstration with the apparent intent to cause violence.

They always seem to try and dupe the police into action by throwing objects at them and baiting them with defiant language.  In doing so they hope to manipulate a Constitutional Peaceful exercise of First Amendment right into a confluence of violent and tumultuous behavior.

As John Lennon of the Beatles sang in his song revolution ” IF YOU GO CARRYING PICTURES OF CHAIRMAN MAO , YOU AIN’T GOING TO MAKE IT WITH ANYONE ANY HOW.

Sadly, as  the economy tanks substantially caused by  easy money, greed , dubious accounting , poor financial oversight , greedy  Banking, Wall Street entities  and with  cronyism dominates even the highest levels of government, the radical ideology  message becomes more appealing to the masses.

Categories: Police · wall street collapse
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Oakland Riots The Return of “FUN CITY’S”

January 9, 2009 · 2 Comments

Last week during the New Year Celebrations Bay Area Rapid Transit Police apparently shot an unarmed man. The shooting may not be justified, and the Officer has already resigned from the BART Police Department.

There is no reason to believe that the Officer will not  be prosecuted for reckless, negligent homicide and or manslaughter.  As such the wheels of justice are in motion. The shooting is on video.

A fusion of  Oakland residents especially the Africn American community are rightfully upset at the incident.  Nevertheless a fusion of ” Anarchists groups are exploiting the incident for there own subjective New Social Order” They are replicating the behavior we saw in Greece. Namely destroying business establishments, torching vehicles and causing violent civil unrest.

Police Officials throughout the nation should be concerned as I believe this trend will continue, fueld by a downward economic period in our nation. This recession/depression will be deeper and darker that most are predicting. As such the population’s behavior will replicate the 60’s , and President Elect Obama will not be able to reign in the anarchist community which is organized, well connected and hell bent on a new world order.  We can thank Wall Street Greed for enabling them in their message.

Mayor Lindsay of "FUN City"

Mayor Lindsay of "FUN City"

In the 60’s Mayor Lindsay http://en.wikipedia.org/wiki/John_Lindsay walked the streets of Harlem during civil unrest. During the economic down turn and the ” black out” of the 70’s business establishments were destroyed by rioters. This resulted in a period of unbridled urban blight and crime.

All citizens have the right to be upset and request official review of Police Officer’s and their actions. When police are wrong and the courts concur the punishment must be fair and in accord with community standards.  However, the nation and elected officials must not accept the message of the anarchist community.  Police make mistakes, and in this one a fatal mistake, but we don’t live in a perfect world, emergency room doctor’s make mistakes yet there is no civil unrest when they cause a death.

For an opposing view on the Oscar Grant death See http://ianbone.wordpress.com/2009/01/09/oscar-grant-oakland-shooting-105-arrests-after-riot/

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