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Divernan

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Member since: 2002
Number of posts: 10,804

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To 3rd world countries:"Need a Constitution? We're Not Using This One"

This column is a very erudite and, I think, powerful discussion of the intersection between today's activist Supreme court, Americans' civil liberties, the Bill of Rights and the fact that things can get a lot worse
"Because the Constitution, far from the plain and simple, absolute and immutable road map to democracy that the Pharisaic right wing seems to perceive, is a remarkably brief and, perforce, very general document whose meaning is what the Supreme Court says it is."


I include here just a few excerpts - hope you will read the entire column.

Re: The Fourth Amendment:
Now it is the government that has privacy – quite a great deal of it – and the citizens who have none at all. This not because the Constitution has changed or the courts have failed to read it. It is because judges have chosen to interpret its elegant but easy language in ways that turn it on its head. Just a few examples:


It continues with many examples - here is just one of them:
* The history of war powers is complex and fraught with differing interpretations from the beginning. Still, it is difficult to picture any of the Founders contemplating a president who would maintain a “kill list” in the absence of a declared war. This is part of what John Marshall, later to become chief justice, said in support of ratifying the Constitution: “Shall it be a maxim that a man shall be deprived of his life without the benefit of law? Shall such a deprivation of life be justified by answering that a man’s life was not taken secundem artem, because he was a bad man?”


And he wraps it up:
"The next presidential election is crucial because the next president will determine the kind of Supreme Court we have. Candidates who are on record as supporting the Patriot Act, the prison at Guantanamo Bay and the National Security Agency’s warrantless surveillance of domestic electronic communications should be summarily dismissed from consideration. Unfortunately, the only likely candidate who has stepped forward so far and supported the common-sense constitutional view of these things is Rand Paul. Paul is a Libertarian, and that is a dangerous form of political lunacy. Paul’s view of the matter does, though, serve to illustrate a very important point: if ever there was a nonpartisan, purely American issue on which left and right could agree, this is surely it."


http://www.clydefitchreport.com/2013/08/need-a-constitution-were-not-using-this-one/

"Constructive knowledge" can be assigned to Obama.

In addition to actual knowledge, the law also recognizes the concept of constructive knowlege.
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.

For example, constructive knowledge is notice of a fact that a person is presumed by law to have, regardless of whether he or she actually does, since such knowledge is obtainable by the exercise of reasonable care.

For example, possession of the key to a safe-deposit box is constructive possession of the contents of the box since the key gives its holder power and control over the contents.

http://legal-dictionary.thefreedictionary.com/constructive

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.

http://en.wikipedia.org/wiki/Plausible_deniability

Thoughts on Pres. Carter's grandson starting out in politics at the state senator level.

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.
http://www.senate.ga.gov/senators/Documents/PrintBios/BioCarterJason720.pdf

Senator Jason Carter was elected to the Georgia Senate on May 11, 2010.
In his professional career, Jason is an attorney at the business litigation firm of Bondurant, Mixson &
Elmore, LLP. In addition to his business practice, he has received numerous awards for his pro bono efforts and leadership within the bar. Prior to joining his current firm, Jason served as a law clerk to the Honorable Frank Mays Hull of the United States Court of Appeals for the Eleventh Circuit.

Jason is active in many aspects of community service and sits on the boards of several charitable and public interest organizations , including the DeKalb Women's Resource Center to End Domestic Violence, Hands on Atlanta and the Carter Center. Jason also served as a United States Peace Corps Volunteer in Lochiel, South Africa, and is active in many aspects of the Peace Corps's continuing mission. He has authored a book about South Africa, and he has published articles on legal issues and other topics.

Jason was born at Emory Hospital in District 42, and is a ninth-generation Georgian. He received his law degree summa cum laude from the University of Georgia, and received his undergraduate degree from Duke University. Jason and his wife Kate have two young sons. They live in DeKalb County, Georgia.

YELP has joined ALEC - let them know what you think!

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.
MoveOn.org
So, Yelp joined ALEC (yes, *that* ALEC) and this is what happened.

Feel free to add your review, as well.
American Legislative Exchange Council
www.yelp.com
Washington, DC
http://www.yelp.com/biz/american-legislative-exchange-council-washington#hrid:uRfumN26sQSxoNillMlnNQ


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.


And another:

I'm absolutely shocked that Yelp would partner with ALEC. ALEC is the reason so many states have passed laws like "Voter I.D." and "Stand Your Ground."

This neo-con ultra-convervative group is behind awful legislation that in no way helps independent businesses and consumers. Why would Yelp support such a group - because it benefits the millionaire owner?

Booo, Yelp. Booo, ALEC.


and
Shame on you Yelp! This is my last log in to your site since you have joined forces with ALEC.

Lame!!

Water use stats from 10 years ago; golf course numbers have grown since then.

http://www.worldwatch.org/node/797

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

Golf is $49 BILLION per yr. business; 4 BILLION gals. of H2O DAILY

During the past decade, there has been an explosion in new golf courses. The
United States is now home to nearly 18,000 golf courses, more than half the
world's 35,000 golf courses,
according to the Worldwatch Institute, a think
tank that monitors global environmental trends.

In the United States, golf courses cover more than 1.7 million acres and
soak up nearly 4 billion gallons of water daily, the institute estimates.
They also use pesticides and fertilizers that contribute to water pollution.

A 1994 review of death certificates for 618 golf course superintendents by
researchers at the University of Iowa's College of Medicine found an
unusually high numbers of deaths from certain cancers, including brain
cancer and non-Hodgkin's lymphoma.

The results were similar to other studies that have found an elevated risk
for non-Hodgkin's lymphoma among farm workers and pesticide applicators.

http://www.organicconsumers.org/corp/golf042604.cfm

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.

Given how the War on Drugs turned out; time for a War on Jobs!

American Tourist Snaps Finger Off 600-Year-Old Statue in Florence Museum

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.

No, the tourist wasn’t drunk, being belligerent, in a brawl, dangling from the statue wearing nothing but his skivvies or whatever other wild imagery your brain might conjure: The reportedly 55-year-old Missouri native was simply trying to measure the statue’s pinky finger, holding his own hand up to the statue’s outstretched one. But the museum — like most museums that harbor centuries-old works of art — has a no-touching rule that the tourist allegedly flouted, leading to the tragic act of digital disfigurement.

“In a globalized world like ours, the fundamental rules for visiting a museum have been forgotten, that is, ‘Do not touch the works’,” said museum head Timothy Verdon, via the NY Daily News, which reports that the tourist has since apologized and has been described as ”very disappointed.”

The statue, dubbed “Annunciazione” and located in Florence’s Museo dell’Opera del Duomo (“Museum of the Works of the Cathedral”), is of the Virgin Mary, by 15th century Florentine sculptor Giovanni d’Ambrogio. Apparently the pinky finger wasn’t original to the statue, having been made of plaster and added at a later point: The finger didn’t snap off entirely at the time the act occurred, and restorers were able to remove it before it fell to the ground; they’ll now work to reunite the statue with its missing digit.

http://newsfeed.time.com/2013/08/07/american-tourist-snaps-finger-off-600-year-old-statue-in-florence-museum/#ixzz2bJMf8gWq

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.

Letter from my 72 yr. old classmate who is part of Wisconsin's Solidarity Sing Along

(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.

Dear Colleagues,

I am writing in support of the efforts of the Solidarity Sing Along to maintain citizen consciousness in Wisconsin and in our nation; I don’t believe this activity should be restrained in any way. I see it as the ember of hope that we, the people, will once again have a voice in the future of the United States of America.

We are enormously out-resourced and out-powered by forces beyond our control: corporations whose only goal is taking money from the workers who actually earn it and “investing” (read, gambling) it in the casinos of commerce. The new restrictions are a manifestation of exactly where the power lies, and the desperation to which the feudal lords have succumbed. The only way we can counter this is by speaking—and singing—truth to power. Our society is becoming a place where Jesus would be very angry about the treatment of the poor.

The Solidarity Sing Along started as a way to focus the energies arising with the outpouring of response to the perceived betrayal of our ideals by Governor Scott Walker and his fellow money-suckers. It continues as a place-holder for democracy in a world we hardly recognize. The therapeutic value of singing our hearts out is what keeps us engaged and gives us hope.

Yes, we have our rowdies—but they’re OUR rowdies, and are committed to non-violence, as we all are. What they may lack by way of finesse or vocabulary, they more than make up for in spirit (and decibels). We try always to be respectful of the rights of ALL.

We’re still here. Wherever else we may be, we’re still here.

Yours for the life of our country,

Just how typical is it for a 30-something couple to spend $10 mil on a Manhattan apt?

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.

http://www.bloomberg.com/news/2013-04-02/manhattan-apartment-prices-climb-as-buyers-compete.html

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.
Steven A. Cohen (born June 11, 1956) is an American hedge fund manager. He is the founder of SAC Capital Advisors, a Stamford, Connecticut-based hedge fund focusing primarily on equity market strategies. (More of that hedge fund money!)

He has an estimated net worth of $9.3 billion as of March 2013, ranked by Forbes as the 106th richest man in the world. Cohen is 35th overall in the U.S. In November 2012, he began to be implicated in a large criminal insider trading scandal. In July 2013, SAC was charged by the Securities and Exchange Commission with failing to prevent insider trading.


http://en.wikipedia.org/wiki/Steven_A._Cohen

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

Wikipedia
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.
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