Member since: 2002
Number of posts: 11,391
Number of posts: 11,391
In addition to actual knowledge, the law also recognizes the concept of constructive knowlege.
That which exists, not in fact, but as a result of the operation of law. That which takes on a character as a consequence of the way it is treated by a rule or policy of law, as opposed to its actual character.
Then the question becomes whether Obama took reasonable care to exercise oversight and control, as required of a president.
Which then raises the question of how much "plausible deniability" has Obama put in play re NSA, CIA, etc.
Plausible deniability is a term coined by the CIA during the Kennedy administration to describe the withholding of information from senior officials in order to protect them from repercussions in the event that illegal or unpopular activities by the CIA became public knowledge.
The term most often refers to the denial of blame in (formal or informal) chains of command, where senior figures assign responsibility to the lower ranks, and records of instructions given do not exist or are inaccessible, meaning independent confirmation of responsibility for the action is nearly impossible. In the case that illegal or otherwise disreputable and unpopular activities become public, high-ranking officials may deny any awareness of such act or any connection to the agents used to carry out such acts. The lack of evidence to the contrary ostensibly makes the denial plausible, that is, credible. The term typically implies forethought, such as intentionally setting up the conditions to plausibly avoid responsibility for one's (future) actions or knowledge.
In politics and espionage, deniability refers to the ability of a "powerful player" or intelligence agency to avoid "blowback" by secretly arranging for an action to be taken on their behalf by a third party ostensibly unconnected with the major player. In political campaigns, plausible deniability enables candidates to stay "clean" and denounce third-party advertisements that use unethical approaches or potentially libellous innuendo.
Plausible deniability is also a legal concept. It refers to lack of evidence proving an allegation. Standards of proof vary in civil and criminal cases. In civil cases, the standard of proof is "preponderance of the evidence" whereas in a criminal matter, the standard is "beyond a reasonable doubt." If an opponent lacks incontrovertible proof (evidence) of their allegation, one can "plausibly deny" the allegation even though it may be true.
Posted by Divernan | Fri Aug 16, 2013, 02:26 PM (0 replies)
I was pleased to note in the OP article that President Carter's grandson is a state senator. Serving in a state legislature, as a statewide elected official (like state treasurer or attorney general) or in the cabinet of a state governor is an excellent and proven way to learn how the political system is designed, functions and impacts citizens in a myriad of ways in all aspects of their lives. And I'd add serving as chief of staff for a governor/congressperson would also provide the extensive knowledge/experience to jump into the political arena at the level of one's previous boss.
It offends me when individuals, particularly "legacy" kids of high level politicians - governors/presidents/vice-presidents/US congressmen start out their political careers running for their very first office at the federal congressional or state gubernatorial level. I don't care how many degrees one has accumulated, or how wealthy one is, or how politically connected one's parents are, or how big a corporation one has run.
Then throw in how some carpetbagging individuals move to a different state just in time to claim residency in order to run for high level office. The primary purpose of serving at a Congressional or gubernatorial level is to represent the interests of your HOME STATE constituents and the overall welfare of your home state. That means you should have extensive personal knowledge of and experience dealing with issues of prime concern to your state and its constituents. You should have a real, personal HISTORY in that state!
President Carter has never suffered from hubris, ego or greed. The fact that his grandson is starting a political career at the state legislative level is further evidence of the values Jimmy Carter has passed on to his family. His grandson sounds to be a very decent man, whose activities and pursuits reflect old-fashioned Democratic values. I hope he will eventually run for higher level office, whether in his home state or the U.S. Congress.
Posted by Divernan | Fri Aug 16, 2013, 09:21 AM (0 replies)
Just heard from MoveOn.org that YELP has joined ALEC. With just over a thousand reviews, the average rating of ALEC is the lowest possible, i.e., one star.
So, Yelp joined ALEC (yes, *that* ALEC) and this is what happened.
Feel free to add your review, as well.
American Legislative Exchange Council
Here's a few of the latest reviews/posts:
If ALEC was a restaurant, ALEC would serve GOP pig slop pressed together in little cookie cutter shaped patties on a poisoned, corporate-money-seeded bun.
They would serve this to the average patron, while CEOs would dine in a special section on nothing but the best cuts of corporate friendly legislation, washed down with a nice big glass of Tears Of The Masses.
Also, their service would suck.
Posted by Divernan | Thu Aug 15, 2013, 12:13 PM (1 replies)
Number of photos in the January/February issue of Coastal Living that showed coastal wildlife (seabirds, crustaceans, turtles, or other fauna): 1
Number of photos in the same issue showing golf courses: 61
Amount of water it would take, per day, to support 4.7 billion people at the UN daily minimum:
2.5 billion gallons
Amount of water used, per day, to irrigate the world’s golf courses: 2.5 billion gallons
Number of golf courses in Japan before World War II: 23
Number in operation or soon to open in 2004: 3,030
Average amount of pesticides used per acre, per year, on golf courses: 18.0 pounds
Average amount of pesticides used, per acre, per year, in agriculture: 2.7 pounds
Amount of water used by 60,000 villagers in Thailand, on average, per day: 6,500 cubic meters
Amount of water used by one golf course in Thailand, on average, per day: 6,500 cubic meters
Current area of the wetlands of the Colorado River Delta, which now receives just 0.1 percent of the river water that once flowed through it: 150,000 acres
Area that could be covered to a depth of 2 feet with water drawn from the Colorado River by the city of Las Vegas, which uses much of that allotment to water its more than 60 golf courses:150,000 acres
Sources: Photos: Coastal Living, January/February 2004; Water usage: Chris Reuther, Know Your Environment, Academy of Natural Sciences, 1999; National Golf Foundation; State of the World 2004; Japan: “Japan Golfcourses and Deforestation,” TED Case #282, 2003; Pesticides: “EcoMall: A Greener Golf Course, 2004;” Thailand: U.K. Sports Turf Research Institute; Colorado River: Environmental Defense; Las Vegas: Associated Press.
Published in World Watch Magazine, March/April 2004, Volume 17, No. 2
Posted by Divernan | Mon Aug 12, 2013, 05:26 AM (0 replies)
During the past decade, there has been an explosion in new golf courses. The
The "modern" game of golf originated in Scotland in the 1400's, Early Scottish golf courses were primarily laid out on links land, soil-covered sand dunes directly inland from beaches. This gave rise to the term "golf links", particularly applied to seaside courses and those built on naturally sandy soil inland.
Those original Scottish golfers would surely scoff at the pampered US golfers with their courses manicured, watered and chemically treated to look like some unnaturally green, Thomas Kinkade fairy tale.
On edit: And the Scots would also ridicule the ubiquitous use of golf carts. Today's golfers get minimum exercise - it's gotta be the least strenuous "sport" in the world.
Posted by Divernan | Mon Aug 12, 2013, 05:13 AM (1 replies)
Posted by Divernan | Thu Aug 8, 2013, 08:36 AM (1 replies)
Hoping to overcome the stereotype of the obnoxious, ignorant American abroad? An unidentified U.S. tourist who snapped a finger off a 600-year-old statue in an Italian museum hasn’t helped the cause.
My comment? In the name of all that's holy, keep Anthony Weiner and his smart phone away from Michelangelo's David, Praxiteles' Hermes and the infant Dionysus, Donatello's Bronze David or Rodin's The Vanquished.
Posted by Divernan | Wed Aug 7, 2013, 03:10 PM (5 replies)
(I posted this as a reply on another thread and was asked to make it an OP)
She's 72 years old - my old classmate/childhood friend/neighbor. A lifelong philanthropist who funded and worked daily at her own community emergency services office, and was often at the scene of disasters volunteering with the Red Cross. Whenever any pastor or priest in her small town came across someone in desperate need, they sent that person to her office. She wasn't one of those society do-gooders who wear designer gowns and get their pictures in the society pages writing checks at posh fundraisers. She's always been a down-to-earth, heart on her sleeve, boots on the ground toiler in the vineyard of human suffering.
I worry every day about her safety, and the safety of those demonstrating.
Here's her letter : a written comment submitted to the Wisconsin Department of Administration as part of the public input process on the promulgation of emergency administrative rules:
To the Department of Administration, State of Wisconsin.
Posted by Divernan | Wed Aug 7, 2013, 11:52 AM (8 replies)
Poster Beacool asked me upthread: "Why did you choose Chelsea and Marc as an example? . . .There are far wealthier residences in Manhattan." I beg to differ that other 30-something couples are spending over $10 million on apartments, and below are the reports showing median prices tend to be about ONE TENTH OF THAT AMOUNT, i.e, from $750,000 to $1.26 million, depending upon what part of the City you're in, and even in the luxury apartments, i.e,. the top tenth of all sales by price, the median price is "only" $4.2 million.
The median price of all co-ops and condominiums which changed hands in the 3 months through March 31, 2012 was $820,555.
On the Upper West side, the median price of condo resales climbed 20 percent to $1.26 million, while co-op resale prices rose 4 percent to $730,000, Corcoran said.
Prices declined on the Upper East Side, with the median for previously owned condos falling 3 percent from a year earlier to $975,000, Corcoran said. Co-op prices dropped 17 percent to $726,000, as lower-priced studios and one-bedrooms made up more than half of all sales, according to Corcoran.
Listings for luxury apartments, the top 10 percent of all sales by price, didn’t decline as sharply as the broader market as owners were inspired to try their luck after record prices paid for co-ops and condos in 2012, Miller said. Luxury listings fell 15 percent to 1,025, Miller Samuel and Douglas Elliman said, while the median price of completed deals fell 2.7 percent to $4.02 million.
Now granted, there are a few extreme outliers in the price range, but the owners are not 30-something years of age
Steven A. Cohen, the billionaire founder of SAC Capital Advisors LP, is seeking to sell his 10,000-square-foot (930- square-meter) duplex at One Beacon Court for $115 million, two people familiar with the matter said last week.
Then there's a triplex penthouse at the Pierre hotel that belonged to Martin Zweig, who predicted the 1987 stock market crash, is also on the market, for $125 million, the New York Times reported March 29.
Life More: Real Estate New York City
Late Investor Martin Zweig's Penthouse Hits The Market For A Record $125 Million
Weeks after it was rumored to be headed for market, we now know that late investor Martin Zweig's legendary penthouse apartment atop the Pierre in New York City will be listed for $125 million, the New York Times' Robin Finn reports.
While the listing has yet to appear, the $125 million price tag makes it the most expensive home for sale in New York City. It narrowly beats a midtown apartment owned by Steve Cohen, which the SAC honcho is reportedly selling for $115 million.
So what does $125 million buy you at the fabled hotel?
According to Finn, the penthouse is "a triplex confection graced by a grand black-marble staircase, arched cathedral windows that replicate a Versailles chapel, 23-foot ceilings, and fireplaces embraced by mantels designed in the 17th, 18th and 19th centuries."
Read more: http://www.businessinsider.com/martin-zweig-penthouse-listed-for-125m-2013-3#ixzz2bEQkZaFa
In new developments, the inventory of apartments fell 42 percent in the first quarter from a year earlier, Miller Samuel and Douglas Elliman said. The median sale price climbed 36 percent to $1.33 million.
Posted by Divernan | Tue Aug 6, 2013, 06:54 PM (1 replies)
(1)Because some here promote the idea that she will go into politics also, so we need to take a close look at how she chooses to live her life.
(2) She has sought publicity, whether in exclusive interviews and glamour photo shoots for high end mags like Vanity Fair and Vogue or on this current highly photographed trip with her father.
But most significantly, because it's worth looking at where the money for this lavishly extravagant purchase came from. (And you're wrong if you think there are 30-something couples purchasing "far wealthier residences in Manhattan - but I'll get to that later.)
(3) The money to purchase this came from where? You say, not "public funds". I say that the vast wealth of this young couple stems from their jobs, their families or some combination thereof. And all of those link back to the connections made by their parents while holding public office, which offices were funded by we taxpayers. Marc's' jobs were at hedge fund 3G Capital & investment banking for Goldman Sachs. (Unlike many people fleeced by scams backed by Wall Street firms like Goldman Sachs, he likely did not use a balloon note to pay for the $4 million apt. he bought in 2008, or the more recent $10.5 Million place.)
Post Palo Alto,Chelsea opted to join a private international consulting firm, McKinsey and Company and then a hedge fund, specifically the Avenue Capital Group, big campaign donors for both her parents. These firms hire young people with connections - and this young couple definitely had blue chip family connections.
Marc's father was heir to a small supermarket chain fortune, but none of the 3 other in-laws were millionaires when they went into politics. They accumulated their wealth when they left office. (Marc's mother was a Congresswoman who is still talking about running for office again.) Marc's father, Edward, former congressman and head of Pennsylvania's Democratic party, lost millions and ended up penniless. He was convicted of fraud and served time in federal prison for shady business deals that had prosecutors calling him a "one-man crime wave." Prosecutors claimed that in 20 years of doing business between 1980 and 2000, every single deal he consummated displayed aspects of fraud. After his indictment in 2001, he pleaded guilty to 31 charges of bank fraud, mail fraud, and wire fraud. He tried to raise a defense of diminished capacity due to his suffering from bipolar disorder, but the judge disallowed it.
On Sept. 27,2002, he admitted that he bilked investors who handed over more than $10 million, including friends, law clients and even his late mother-in-law, and was sentenced to nearly 7 years in prison. Some tried to paint this as though he was the victim of scams. It started out that way, with him losing his own money - but then he kept doubling down and losing money of any one he could talk into "investing" with him. His rip-off of almost $10 million (ironic - there's that $10 million number agani!) got him seven years in ClubFed . He and his wife, Marc Mezvinsky's mother, eventually divorced. He reportedly is estranged from his son. http://congressionalbadboys.com/Mezvinsky.htm
Ed Mezvinsky got out of the federal lock-up in 2008. He remained on federal probation through 2011, and still owes $9.4 million in restitution to his victims. So safe to say the young couple got no financial help from him.
But getting back to parental connections stemming from holding elected offices, leading to very high paying first jobs, I'd call that "public funds" once removed.
I think one's choice of employment, especially when one is not faced with grabbing the first minimum wage job that comes along in order to survive, says a lot about one's character. And I think her recent move to pick up a master's in public health is a stragetgic move to improve her credentials for an eventual run for public office. She's not out working at some grotty public health office, "in the field" - she's doing occasional broadcasts for NBC. She is also teaching graduate level classes at Columbia - unprecedented for someone who does not have a Ph.D. to be teaching at the graduate level! Another boost to the resume and example of how she benefits from her parents' prestige/status.
"Hedge funds as they are now constituted were illegal from 1933 to 2000, as their type of activity was outlawed as it was considered as destabilizing speculation that helped cause the Great Depression. In the year 2000, Bill Clinton turned his back on 67 years of proven financial regulation and signed a bill legitimating speculation. Hillary was running for the U.S. Senate in the State of New York, Moloch's Big Town, and needed the big bucks from the free-booting financiers.
(Do we all recall former Goldman Sachs trading desk honcho Rahm Emmanul became President Obama's chief of staff, whilst his Supreme Court nominee, Elena Kagan, worked as a paid "adviser" to the financial power house? Goldman Sachs is what J.P. Morgan and the House of Morgan and Paul Mellon and the Mellon Bank were to Republican Administrations in previous years, the marionette master who pulls the strings.)
As predicted by naysayers, within seven years of Clinton legitimating financial speculation, hedge funds and other speculative financial schemes helped bring the U.S. economy back on its knees in the worse political catastrophe since the Great Depression.
Since it was Bill Clinton's "centrist" Democratic Leadership Council that sold the soul of the Democratic Party to Wall Street, it is fitting that Chelsea Clinton should be marrying the son of a convicted felon who works for the titan of Wall Street, a firm that engages in legal robbery. It recently got off easy from double dealing in the subprime mortgage market
It was recently revealed that Goldman Sachs, the poster child for Wall Street arrogance and cupidity, used some of its bail-out funds to finance overseas operations. Gobs of taxpayer-provided dollars were used to fund its bonus pools, making employees like Marc Mezvinsky very happy indeed. Wall Street perpetrated a massive fraud on America, made possible in part by Marc Mezvinsky's future father-in-law, but got away relatively scot-free, unlike his own father.
Posted by Divernan | Tue Aug 6, 2013, 06:26 PM (1 replies)