Showing posts with label POTUS. Show all posts
Showing posts with label POTUS. Show all posts

NEWSFLASH: Osama Bin Laden Killed by American Operatives in Pakistan: Other News of the Weekend.

Tonight the PRESIDENT of the UNITED STATES OF AMERICA (POTUS) announced that the CIA in co-ordination with the Pakistani Government located and killed OSAMA BIN LADEN Public Enemy number one (here and abroad.) That news is important and it is welcomed. I cannot say I am disappointed in anything other than the time it took to find him. May he never rest a day in eternity. I hope those 76 Virgin(ian)s he thought he would get are kicking the crap out of him right now in Hell. Congratulations to President Obama, Leon Panetta and the countless agents of the FBI CIA and of course of armed forces who have worked in hopes of this announcement, for bringing this terrorist to justice. No, it doesn't bring back our loved ones and it will never erase the misery of 9/11 or the days that followed it, but it does provide a sense of closure.

As for other News I found interesting, all of it pales in face of the news above. Just in case however you want to know what I thought was otherwise interesting, here are a couple of articles I wanted to write about:



I was going to use the blog tonight to talk about the futility of charging a nine year old child with murder for shaking a baby and how we need to separate the emotion of the parents losing an infant from the need to avenge a death with the "death" of another child when that child does something horrible.

I was also going to talk about the need for an "Expungement" Statute in NY given the fact that people arrested and convicted for even minor crimes can not get jobs anymore because of the Internet's ability to derail their job search with convictions. I was going to point to an article in the NY Times (semi subscription) which points out that people who have paid their debt to society long ago still cannot get work because of small or substantial indiscretion decades before.

Happy Law Day!!

May 1st ought to be a National Holiday. It is the day that America "celebrates" Law Day. Now some of you are saying "Tony what is 'Law Day'?" Well here is an excerpt from the Presidential Proclamation:

At the core of our Nation's values is our faith in the ideals of equality and justice under law. It is a belief embedded in our most cherished documents, and honored by President Eisenhower when he established Law Day in 1958 as "a day of national dedication to the principles of government under law." Each Law Day, we uphold our commitment to the rule of law and celebrate its protection of the freedoms we enjoy.

This year, we pay tribute to one of America's Founders and our second President, John Adams. As a young attorney in colonial Massachusetts, John Adams was asked to represent a British officer and eight British soldiers charged with firing into a crowd and killing five men in the Boston Massacre. In the face of mass public outcry and at great personal risk, he accepted the case and showed the world that America is a nation of laws and that a fair trial is the right of all people.

President Adams' legacy of dedication to fairness and the rights of the accused has been carried forward by members of the legal profession for more than two centuries. It is championed by those who represent the accused and exemplified by women and men who are devoted to securing equal rights for all, both in America and around the world.

I am working today on a trial that will begin on May 11, 2011. I am working on it as a Assigned Panel Lawyer. It is the way I participate in a tradition of a government by Law and not by tyranny. I won't earn much, I don't want to. I want to win this case just like I want to win everyone of the ones for which I am highly paid. I want this client to receive the fair trial to which he is entitled with a qualified lawyer representing his rights. Hence I will leave this post and return to work. It is in fact the best way I can think of to honor President John Adams and those other men of Law who helped "give birth" to our Nation.
Happy Law Day to you all.

It's D-Day and That Lawyer Dude Returns... Again.

I may revive this blog more often than Pop Tart Britney Spears revives her career, but I am back. It has been a while. I know that most of you who stop by here come to see me rant on something or just to see if I am alive (thanks for those of you who stop by to see if I am alive). I am. I am also ready to take on a few people places and things.

Where to start?

Hmmm. Let's see it is June 6th, a foreign nut job is trying to rub out the free world, our troops are dying oversees, Our Democrat president is trying to bring us out of a depression by spending more and more money, and the NY Yankees are over .500 It must be the year.... 1944. That's right it is D-day. Imagine how history repeats itself?

To our Veterans of that war and that day, I salute you. I also thank you for a service well done.

To our Veterans of today, I salute you as well. I celebrate your return from war, I pray for those of you who are still there, and I thank you for agreeing to take on the task of keeping us free.

I also do not want to let today go by without remembering, Robert F. Kennedy who was killed by an assasins bullets on June 5th 1968 some 41 years ago. He was a man who whether I would agree with his politics, asked the question "Why can we not be better than we are?"
It is an important question to ask of ourselves everyday.

Tomorrow's post: The Case of the Chess Club Urinalysis and other stories about governments over-reaching.

The Start of a New World, The Week The Dream Comes True : Martin Luther King Jr. and Barack Hussein Obama

I have so little to add to all that is being said on the air, in the main stream media and in all the blogs. This is the start of a new world. A world that I am sure many in my lifetime feared, and many more doubted. A world, where finally the promise that any man woman or child can be President of the United States is fulfilled.

From the steps of the Lincoln Memorial, possibly the most revered land in the nation (other than a National Cemetery) Martin Luther King Jr. stood up to the powers that would liked never to see this week come and said:
"And so even though we face the difficulties of today and tomorrow, I still have a dream. It is a dream deeply rooted in the American dream.
I have a dream that one day this nation will rise up and live out the true meaning of its creed: "We hold these truths to be self-evident, that all men are created equal."
I have a dream that one day on the red hills of Georgia, the sons of former slaves and the sons of former slave owners will be able to sit down together at the table of brotherhood.
I have a dream that one day even the state of Mississippi, a state sweltering with the heat of injustice, sweltering with the heat of oppression, will be transformed into an oasis of freedom and justice.
I have a dream that my four little children will one day live in a nation where they will not be judged by the color of their skin but by the content of their character.

I have a dream today!

I have a dream that one day, down in Alabama, with its vicious racists, with its governor having his lips dripping with the words of "interposition" and "nullification" -- one day right there in Alabama little black boys and black girls will be able to join hands with little white boys and white girls as sisters and brothers.

I have a dream today!

I have a dream that one day every valley shall be exalted, and every hill and mountain shall be made low, the rough places will be made plain, and the crooked places will be made straight; "and the glory of the Lord shall be revealed and all flesh shall see it together."
This is our hope, and this is the faith that I go back to the South with.
With this faith, we will be able to hew out of the mountain of despair a stone of hope. With this faith, we will be able to transform the jangling discords of our nation into a beautiful symphony of brotherhood. With this faith, we will be able to work together, to pray together, to struggle together, to go to jail together, to stand up for freedom together, knowing that we will be free one day.
And this will be the day -- this will be the day when all of God's children will be able to sing with new meaning:

My country 'tis of thee, sweet land of liberty, of thee I sing.
Land where my fathers died, land of the Pilgrim's pride,
From every mountainside, let freedom ring!"


Tuesday is another huge step in achieving the MLK Dream. But it is not just his dream that is fulfilled this week. With the Inauguration of Barack Obama, we also fulfill the dreams of Ganhdi, and Lincoln, and Jesus Christ. King said in his speech:

"In the process of gaining our rightful place, we must not be guilty of wrongful deeds. Let us not seek to satisfy our thirst for freedom by drinking from the cup of bitterness and hatred. We must forever conduct our struggle on the high plane of dignity and discipline. We must not allow our creative protest to degenerate into physical violence. Again and again, we must rise to the majestic heights of meeting physical force with soul force."


On Tuesday, we have an opportunity to show the world, that the concepts of peaceful protest, advocacy, education, and persistence can change the way the world works. War and killing doesn't have to be the way. In fact, war and killing usually just leads to more war and killing. Peaceful respectful disagreement will bring about permanent change. Discipline and Dignity... If that isn't a good description of our President-elect, nothing is. I don't know what he will do, or if it will work, or even if I will agree with him, but I already see he is a man, who exudes dignity and discipline.

There is a different feel in Washington DC. It is one of hope and renewal. There is a return of class to the city. People even speak of trust. I haven't heard the word trust in the city since 1969.

Obama is reaching out to the Republicans. He is seeking to work with the men in the middle. He may be saving the Republican party from itself by doing so. Brave Republicans like McCain and Graham understand that working in a genial environment is the only way to accomplish anything. Failure to do so will reign down anger from the people on the main streets of every city and town in the country. We cannot have 4 more years of nothing being accomplished in Washington DC.

Of course, such bi-partisanship will bring about rage from the neo-con right (or are they really left?) because, they will claim they cannot take pot shots at the President and the Democratic leadership if the moderate Republicans give them cover. Too bad. Rush and the idiotic blond bimbo who wishes she were he, will have to just shoot at each other for a change. They have been shooting the Republicans in the foot long enough. Liberals of the far out persuasion will have the same difficulties. If they want to accomplish anything in Washington DC without making their re-elections impossible, they will have to come to the middle with their social agenda, and maybe their economic agenda as well.

On the other hand, we all could go to a tax program allowing Americans to keep 90% of what they earn. I bet that stimulates the economy right away.

Finally, maybe the dreams of the man we honor on Monday, become fulfilled with the Inauguration he made possible of the man we entrust with our nation's well being on Tuesday. With great challenge, comes great opportunity. But with great opportunity, comes great responsibility not to squander that opportunity. The last eight years have been squandered opportunity. As a nation we have tired of that waste.

It will be an historic week. I will pray, it is an historic Presidency.Congratulations Dr. King, and welcome Mr. Obama, Mr. President. Welcome, and good luck.

Revisionist History Lesson: Mauro on the Nixon Library Releases Tape of Nixon-Burger Phone Call

When I was in College, I had a Professor named Parkman. He was a phenomenal teacher. Right out of central casting. He could just as well have been at the Louisiana Purchase as written about it. He had to be 115 years old (or so it seemed to me as an 18 year old Freshman).

Anyway Professor Parkman wasn't one to get excited about much. The one thing he was excited about however were the "Revisionists". A "Revisionist" was someone who looked at history but through the light of how he wanted it to be and not report it in the light it was created. (check out Wikipedia's links for a more complete look at "revisionism" both positive and negative)

I can hear Parkman "railing" as I read this post on the release of a taped conversation between President Richard Nixon and then SCOTUS Chief Justice Warren Burger (who Nixon appointed to the high court as CJ.) It seems that Tony Mauro could not help but to express that Nixon and Burger were engaged in a conversation that would be "frowned upon". They were discussing the Miller v. California 413 U.S. 15 (1973) case which set up the "community standards test" for obscenity.

In fact, not until after Watergate would it be frowned upon. At the time of the phone call, both men led separate branches of our government. It was not even "frowned" upon for POTUS prior to President Ford to speak to SCOTUS Justices, especially the Chief Judge, for opinions about how certain initiatives would fair if brought before the court.

Listen to the conversation, it doesn't seek to nail Burger down on the issue although Burger himself opines that he is "coming down hard on it". It is a general conversation about the work that the judicial branch is involved in. Nixon being a lawyer, and a bit of a gossip, wanted to talk shop with a colleague. He had worked with Burger during the campaign in 1952 and was there when he was appointed by President Eisenhower to the bench. Nixon elevated him to the Chief Judge's spot. Is it hard to believe that they had a professional friendship? Nixon had argued a first Amendment case in 1966 before the SCOTUS. It was an area of law both men felt was important from an academic as well as a political point.

After Watergate, the court took on a more important role in everyday politics, hitting what I hope was its zenith in Bush v. Gore. Until then the Court generally stayed above the political fray though individual justices were always political beings. I agree that for better or worse, this type of conversation would be frowned upon. I am of the opinion it is for the worse. Nevertheless, to place 21st century mores on a 20th century conversation and suggest something nefarious where such conversation was de rigeur strikes me as not only unfair, but dare I say..."Revisionist".

By the way I think it is interesting that Ron Howard's Frost Nixon(link is for the trailer) is coming out this month. I have no idea what to expect, but I cannot wait to see it.

Hattip: Law.Com

PS Thanks to the Nixon Library for a link to the tape and to Findlaw for the Miller case, and LII for the link to Bush v. Gore.

What Would Happen If There Were a Disaster At the Inauguration?: A Potential Flaw in the Rules of Succession


I often worry about disasters. I am not sure why. I think I am an optimist. On the other hand, Lawyers are planners and one of the things Mrs. Lawyer Dude always compliments me on is that I usually see things happening down the road and I always have a contingency plan. Hence I have been thinking a lot about Inauguration day. I mean it is going to be the most historical one in the last century. It is also going to stir up a lot of idiot people who have an ax to grind, or think they do. Further, we always have those cave dwelling morons from Al Qaeda , looking for a reason to blow our big party. It occurred to me that everybody who is anybody is going to want to (and probably can) be there, on the podium. I mean we will see the Pres. The Pres-elect, VP and VP elect, Chief Justice and presumably the entire Supreme Court, the Speaker of the House and the Minority Leader as well as the Senate Majority and Minority leaders and a host of Senators and Congressmen and Cabinet members. So, who will be watching the store and what happens if the worst happens and all these people are unable to serve for a while.

OK Before you all get on me for being a damp cloth, the guys and gals over at the Wall Street Journal "Law Blog"have been wondering about this stuff too.Their post "President Condoleezza Rice" explains how the title could come true. They however are smarter than me, cause they have some potential answers. The real answer seems to be however, that if a Bush Cabinet Member survives, and President-Elect Obama is not inaugurated, the Bushie is President for the next four years. That would thwart the Will of the People it seems. It is a good thing lawyer types like me worry about things like this.

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Kennedy Inauguration Picture above provided by Wikipedia under a Common License.

Bush and Paulson Impose More Rules on Internet Gaming: They Just Can't Help Themselves Deep Down Inside, They Just Aren't Really Conservatives

Gambling has gotten the Republican Party in trouble before. After all the Jack Abramoff Scandal was all about the Republican lobbyist paying off Republican Congressmen to protect his client's (Indian Casinos) interest. That included curbing Internet gambling.

In the waining moments of the Republican congressional majority the Party bosses and the President passed a law ordering the Treasury to develop rules to ban credit card companies from permitting Americans to place bets on Internet gaming sites. This of course angered Poker players. It is also just not what the majority of Americans want. OTOH it is very popular among Christian Right leaders and the so called Republican base.

Well now that Bush is about to finally go off to that great Presidential Library in the west... Paulson (Treasury Secretary) has promulgated Rules that effectively ban any Internet gambling (except the free kind which is fine for me but not very satisfying for most poker players)from the US.

I haven't the time to rail against the Bush Administration right now, but read about the matter here.

I never thought I would say these words. Rep. Barney Frank is right. (Was that thunder I just heard?) Lord help us when we have to look to the Democrats to enforce our liberties...