Tuesday, March 27, 2012
Can Santorum Win This Thing?
Caught Speaking Plainly
False Equivalence
It has come out that the unarmed teenager was suspended from school, and is accused of beating up the man who then shot him dead.
Martin's parents claim authorities are now trying to sully their son's reputation, after his tragic shooting.
There were several protests Monday in Sanford, where Martin, 17, was shot by George Zimmerman.
State and federal investigators were to be back at it Tuesday, reviewing the original controversial police investigation that's sparked a firestorm.
The central questions remains: Was the decision not to arrest Zimmerman the right one, and should he be arrested now?
First, by linking his apparent suspension from school-- Martin's parents don't seem to deny it, correctly pointing out that it's irrelevant to his murder-- Zimmerman has decided to try to paint an innocent child as some sort of wild-eyed hoodlum.
With a marijuana bust? Really? Not even the most stoned meth-head in Clearwater is going to buy that one, Zim!
Second, the claim that Martin turned around and beat upon Zimmerman-- keep in mind that Martin weighed only 140 pounds, while Zimmerman is a beast of 250-- is only going to feed the impression that Trayvon felt his own life was in danger and rather than running, he turned and decided to "Stand Your Ground," which is precisely what that law allows for: the use of force, even deadly force, if one feels one is in harm's way or in mortal danger. After all, who picks a fight with someone twice as big as he is unless he feels its the only way to safety?
And that is the only conclusion that can legally be drawn from Zimmerman's own words and the 911 call tapes.
See, the "Stand Your Ground" law is very specific: it doesn't matter what the intent of the apparent attacker is, what matters is the intent perceived by the defendant. In fact, the law is so loosely drawn that the authorities are not permitted to even question that perception the moment the defendant claims he acted out of fear for his safety.
Zimmerman had followed Martin for quite a while if the 911 tapes are accurate, long enough that the dispatcher asked him to stop following Martin.
If someone twice my size started following me down a street, I know I would feel threatened, and while my first instinct would be to run away, under Florida law, Martin was not required to: he merely had to turn and use deadly force against Zimmerman.
So under Florida law, it is Zimmerman who is guilty of assault, and it is Zimmerman who rightly should be lying dead from the use of deadly force under "Stand Your Ground." Martin was not armed, however, so Zimmerman should thank his lucky stars he'll live to see trial.
By Zimmerman's own testimony, he should be arrested for the murder of Trayvon Martin.
Monday, March 26, 2012
Welcome Signs
King Of The Underworld!
When Will The Mainstream Media Quit Babying Rick Santorum?
Trayvon Martin Update
Healthcare Spotlight
The inception of contemporary Commerce Clause doctrine dates to the Interstate Commerce Act of 1887, regulating railroad monopolies, and the Sherman Antitrust Act of 1890, designed to curb monopolies and trusts. The Court upheld the Sherman Antitrust Act in 1905 -- in Swift and Company v. United States, 196 U.S. 375. However, the justices based that decision on the finding that the effect of price-fixing by Chicago meat-packers on interstate commerce was not "accidental, secondary, remote or merely probable" but immediate. The opinion reinforced the traditional literal view of Congress's Commerce power.
The Supreme Court case that established the constitutionality of the expanded interpretation of Congress's commerce power was National Labor Relations Board (NLRB) v. Jones & Laughlin Steel Corporation, 301 U.S. 1, in 1937. The case originated in Aliquippa, Pennsylvania, where Jones & Laughlin was penalizing and discriminating against workers attempting to unionize. NLRB ordered Jones & Laughlin to end its coercive union-busting tactics; the firm refused to obey. After the circuit court refused to enforce the NLRB's order against Jones & Laughlin, the NLRB appealed to the Supreme Court.
Jones & Laughlin argued that Congress could not regulate its labor practices because manufacturing is an intrastate activity, not interstate commerce. The firm based its argument on then-standard reasoning stemming from a 1918 Supreme Court case, Hammer v. Dagenhart, 241 U.S. 251. In Hammer, the Court allowed a father to commit his son to child labor in a North Carolina textile mill despite the Keating Owen Child Labor Act of 1916, reasoning that mill work was part of intrastate manufacturing, not commerce between or among states.
Rejecting the firm's argument and ruling in favor of the NLRB, the Court stated for the first time that Congress could regulate activities with "a close and substantial relation to interstate commerce." The NLRB decision marked the replacement of the strict criterion that regulated activities must be part of the "stream of commerce" with the "substantial effects" doctrine still in use in Commerce Clause cases.
Based on other SCOTUS decisions, notably United States v. Darby, it seems pretty clear that a firm can be forced to purchase health insurance for its employees if it's engaged in anything close to interstate commerce.
The real question is, can an employee be forced to buy it? There is some precedent for mandating individual action-- or rather inaction-- when it comes to farm subsidies and paying farmers to not grow crops, since the aggregating effect of the individual mandate could affect interstate commerce.
This is a pretty strong argument, to be sure.
There's also a side issue to the case, involving the recusal of some of the Justices. For example, Clarence Thomas probably should recuse himself, based on his wife's activities working against the bill in the first place. Antonin Scalia attended a public dinner held by the Federalist Society, a group who is arguing against the mandate, altho I'm not sure that rises to the level of recusal.
And the most ridiculous recusal argument, that Elena Kagan should recuse herself based on her possible involvement in drafting the defense of the bill will likely be ignored.
Should Thomas recuse himself, the bill could conceivably end up deadlocking the court.
And then what?
In case you needed reminding as to why this healthcare reform legislation, as paltry as it is, is so important, here you go.
Friday, March 23, 2012
Nobody Asked Me, But...
Thursday, March 22, 2012
Seriously. What Part of "Insubordination" Is Unclear To This Douchebag?
Marine Sergeant Gary Stein is facing dismissal after starting the Facebook page called “Armed Forces Tea Party” in violation of Pentagon policy barring troops from political activities.The Marine Corps released a statement saying that “Stein’s commanding officer ordered a preliminary inquiry on March 8 after receiving allegations that Stein posted the political statements violating the Pentagon’s directives.”
“After reviewing the findings of the preliminary inquiry, the commander decided to address the allegations through administrative action,” the Corps said.
“I’m completely shocked that this is happening,” Stein fumed. “I’ve done nothing wrong. I’ve only stated what our oath states that I will defend the constitution and that I will not follow unlawful orders. If that’s a crime, what is America coming to?”
Really? The orders of your Commander In Chief are illegal? Well, I know I can't wait to hear this asshat out...
He said he determined he was not in violation and relaunched the page. Last week, he said his superiors told him he could not use social media sites on government computers after he posted the message stating he would not follow unlawful orders of the president.
Stein said his statement was part of an online debate about NATO allowing U.S. troops to be tried for the Quran burnings in Afghanistan.
In that context, he said, he was stating that he would not follow orders from the president if those orders included detaining U.S. citizens, disarming them or doing anything else that he believes would violate their constitutional rights.
In. That. Context? You mean you're like the cop who, say, won't arrest a vigilante who murders an innocent American, because it might hurt his fee-fees? A CRIME WAS COMMITTED, YOU DICK! A war crime, and if there's a first principle for ANY soldier, it's to prevent war crimes from occuring and if they've already occured, to correct the problem as best as that soldier can.
Including narcing on his buddies. Sheesh!
Indeed, to follow up on your statement,"Sergeant," there's a long established legal principle that says if you aid and abet in the commission of a crime after the fact, you are deemed an accessory to that crime and subject to criminal prosecution. In other words, America is coming to a criminal state because of goose-stepping morons like you who can't stand the fact that Obama is President.
Wednesday, March 21, 2012
Cue The Violins
Having Solved All The World's Other Problems...
Justice For Trayvon
It's been 25 days since [Trayvon] Martin was shot and killed inside a gated community. The admitted gunman is still free. And despite two ongoing investigations by the Justice Department and state attorney, outrage within this community continues to grow daily.
So many people wanted to attend a gathering inside a church in Sanford that hundreds were forced to express their frustration outside, on the street. One shouted, "That was murder." In the church, repeated chants of "Arrest Zimmerman" could be heard.
It's all part of the continuing controversy over Martin's death - and on Tuesday it reached Capitol Hill.
"I am tired of burying young black boys," declared Congresswoman Frederica Wilson, who represents the district where Martin lived. "No more racial profiling," she continued. "I'm tired of fighting when the evidence is so clear."
That evidence wasn't enough for local police to arrest Zimmerman, who cited self-defense.
There are a lot of questions I have before I assess whether Zimmerman is guilty of murder or not, but the facts indicate he has some very serious tribulations confronting him.
For instance, if the claim is self-defense, as I understand it under Florida's "Stand Your Ground" law, then how does it apply to a case where the "victim" stalks his "attacker" onto someone else's private property? I can understand if Zimmerman stood his original ground, and Martin turns, where Zimmerman might have a case to make that he was in danger. But that's not what happened.
Why was Zimmerman carrying a concealed weapon on a neighborhood watch, when the first and foremost duty of the watch patrol is to notify the police, who will handle the matter from there? I know he had abused that privilege some 46 times over the last year or so, and it was unlikely the cops were going to rush to the scene, but isn't that Zimmerman's fault for being such a pantywaisted Chicken Little?
And on that note, how many of his previous calls resulted in actual arrests for attempted crimes, even misdemeanors? Of those, how many were dark-skinned males?
We know here in NYC, for example, that a black or Latino is nine times more likely to be stopped and frisked than a white person: part of that is because blacks and Latinos tend to live in poorer neighborhoods with higher crime rates, but in reality, there's racial profiling going on as well. And we also know that an even higher percentage of those stopped and frisked are exonerated, either at the scene or by the courts later.
I would like to know if, in a more conservative, gated community, the percentages range closer to 100%, particularly with respect to the neighborhood patrol activities.
The 911 phone calls have been released and they don't really add much to the story, a case of "he said, he said," except that one of the hes is now dead. However, Martin was speaking to his girlfriend at the moment Zimmerman and he encountered each other, and her story-- admittedly hearsay evidence-- would refute Zimmerman's defense that he was headed back to his car when Martin attacked.
Why did Zimmerman continue to pursue Martin when the police dispatcher pointedly told him not to? I think that question is answered in Zimmerman's background: a failed attempt at becoming a police officer and his pretty clear fixation with being a LEO (he proposed and was the first volunteer for the neighborhood watch.)
There's an irony here, too: Zimmerman was arrested for fighting with an undercover cop, but his record was expunged before the case went to trial when he agreed to attend what appear to be anger management classes. Had his case gone to trial, had justice been served, Zimmerman would have been ineligible for a carry permit.
And Trayvon Martin would have finished his Skittles.
Tuesday, March 20, 2012
Analysis Of A Flop
Sabre Rattling For The Week of March 19, 2012
The Shouting Is Almost Over, Too
Friday, March 16, 2012
Nobody Asked Me, But...
Thursday, March 15, 2012
Fallout Boy
Goldman Sachs Group Inc. (GS) saw $2.15 billion of its market value wiped out after an employee assailed Chief Executive Officer Lloyd C. Blankfein’s management and the firm’s treatment of clients, sparking debate across Wall Street.
The shares dropped 3.4 percent in New York trading yesterday, the third-biggest decline in the 81-company Standard & Poor’s 500 Financials Index, after London-based Greg Smith made the accusations in a New York Times op-ed piece.
Not that it couldn't happen to a nicer firm, mind you.
Flipping Burghers
WASHINGTON — Mitt Romney told the Chicago Sun-Times on Wednesday he does not want to close Planned Parenthood, just strip it of federal money. Romney’s comments were the subject of Democratic attacks after he said he wanted to “get rid” of the organization.
“Planned Parenthood is a private organization. What I want to get rid of is the federal funding of Planned Parenthood,” Romney said in an interview.
[...] Discussing reducing the debt in a St. Louis TV interview {Tuesday}, Romney said, “Is the program so critical, it’s worth borrowing money from China to pay for it? And on that basis of course you get rid of Obamacare, that’s the easy one. Planned Parenthood, we’re going to get rid of that. The subsidy for Amtrak, I’d eliminate that. The National Endowment for the Arts, the National Endowment for the Humanities.”
You know, that's a fair criterion for judging whether a program is worth it or not: can we afford it? Is it worth borrowing from China (and owing them indefinitely) to fund a program?
It's not the criterion I would choose to judge programs that don't necessarily fall into line in a cost-benefit analysis matrix, like any social program like the NEA or Constitutional mandate like voter rights or interstate trade, but it's a platform that has some logic to it and at least allows us to have a debate that goes beyond "Well, what are you basing this judgement on?"
But that's a digression and a different column, allowing another nation to dictate domestic policy. I want to look more closely at this Planned Parenthood flip-flop.
His initial comment in the Tuesday interview, where he says he'll "get rid of" Planned Parenthood, some have said, was a dog-whistle to the evangelical right, which of course views Planned Parenthood as an abortion vehicle only.
I don't agree with this assessment. I think ol' Mitt just got caught up in his elocution lessons and tried to come up with a trifecta of get-rid-ofs in the time honored tradition of reinforcing the message with repetition. His mouth got ahead of his mind (admittedly, not a hard thing to do.)
His walk-back yesterday will have genuine repercussions in that same evanglical community, of course, those who misinterpreted the gaffe as a sign Mitt was moving closer to their views.
If Mitt was capable of such subtlety, we would have seen signs of it long ago. His walk-back comments suggest to me he either genuinely made a gaffe in the first place, or realized he had pandered to the wrong audience. Since evangelicals are not, have not been and never will be his base, this seems to be an unlikely situation. He clearly intended this for the general electorate.
Of course, the logic of de-funding Planned Parenthood has its own complications, if you're looking to stop borrowing money from the Chinese who have their own rather liberal birth control & abortion policies as they try to limit their burgeoning population with their "One Child Policy."
If you can call forced sterlizations and forced abortions "liberal."
Indeed, it strikes me that China would be less likely to loan us a lot money for healthcare for babies born out of wedlock than a few bucks to prevent those pregnancies in the first place.
Wednesday, March 14, 2012
Atlantis Is About To Blow Up. Again.
The Medium Is The Massage
Possible Future Headline
A departing Goldman Sachs Group Inc. (GS) employee mounted an unprecedented public attack on its “toxic and destructive” culture in a New York Times opinion piece, becoming the first serving insider to openly criticize the firm.
Greg Smith, identified by the newspaper as an executive director and head of the firm’s U.S. equity derivatives business in Europe, will leave the firm after 12 years, blaming Chief Executive Officer Lloyd Blankfein and President Gary Cohn for losing hold over the firm’s culture. Executive directors are junior to managing directors and partners, the most senior rank.
His op-ed piece can be found here (surprisingly, not behind the paywall), and let me pull some quotes for you.
To put the problem in the simplest terms, the interests of the client continue to be sidelined in the way the firm operates and thinks about making money. Goldman Sachs is one of the world’s largest and most important investment banks and it is too integral to global finance to continue to act this way. The firm has veered so far from the place I joined right out of college that I can no longer in good conscience say that I identify with what it stands for.
[...] For more than a decade I recruited and mentored candidates through our grueling interview process. I was selected as one of 10 people (out of a firm of more than 30,000) to appear on our recruiting video, which is played on every college campus we visit around the world. In 2006 I managed the summer intern program in sales and trading in New York for the 80 college students who made the cut, out of the thousands who applied.
[...] What are three quick ways to become a leader? a) Execute on the firm’s “axes,” which is Goldman-speak for persuading your clients to invest in the stocks or other products that we are trying to get rid of because they are not seen as having a lot of potential profit. b) “Hunt Elephants.” In English: get your clients — some of whom are sophisticated, and some of whom aren’t — to trade whatever will bring the biggest profit to Goldman. Call me old-fashioned, but I don’t like selling my clients a product that is wrong for them. c) Find yourself sitting in a seat where your job is to trade any illiquid, opaque product with a three-letter acronym.
Smith would be about 35 at this point (assuming he joined out of his MBA program: he's younger if it was straight out of college), so he's not wet behind the ears and has seen first hand the toxic nature of money. Lots and lots of money.
I suppose it was inevitable that the housing bubble would make more money for Wall Street than nearly every other bubble combined. And that it would turn Wall Street sharks into megalodons, supersharks with no remorse and no thought about anything besides the eyes on the prize.
After all, these same folks grew up in an America that valued money above all else, that put television programs like Lifestyles of the Rich and Famous front and center during their formative years. We minimized the collective aspect of what made America great, the clasped hands, the men and women working side by side on the factory floor to make affordable quality products, not necessarily the cheapest, but the best value, the best your money could buy.
We lost sight of that in the rush to profits, egged on by an investor class more and more out of touch with America. Indeed, it's no surprise to me that trading is done by software now, not human beings.
After all, it's a war, and in war it's much easier to kill someone by pressing a button miles away than walking up to them, knife in hand.
I don't envy Smith the backlash he'll receive here, and I offer my services to defend him as best as I can in any way I can, because telling the truth in finance is a rare commodity, and one that there ought to be a trading floor opened for.
The Political Nature Of Television
Time travel TV series have come under fire since two schoolgirls in East China's Fujian province killed themselves on Thursday after leaving notes saying the suicides could help them travel back to ancient times.
The two girls, Xiao Mei and Xiao Hua (not their real names), were fifth-grade classmates at a primary school in Zhangpu county, Zhangzhou.
On Thursday afternoon, Xiao Hua realized she lost the remote control for a rolling door at her house. She was worried and told her friend Xiao Mei.
At 4 pm, the girls each wrote suicide notes and hid them in a closet at Xiao Hua's home. Then they jumped into a pool and drowned themselves.
According to a media report in February, a 19-year-old Liaoning province woman, Xiao Dan (not her real name), told police she had paid 1,800 yuan ($285) to a Net friend who claimed she could help her travel to the ancient past but disappeared after receiving the money.
Because of several stories along these lines emerging, the State Administration of Radio, Film and Television banned prime time - 7 to 9 pm - broadcasts of this kind of TV series at the beginning of this year.
