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Dennis Donovan

Dennis Donovan's Journal
Dennis Donovan's Journal
December 13, 2019

Joyce Vance: Pam Bondi (Crooked R-FL) to have lead role in Trump defense in Senate trial

https://twitter.com/JoyceWhiteVance/status/1205509814111133699
Joyce Alene ✔ @JoyceWhiteVance

Pam Bondi, the Florida AG who Trump's now defunct charitable trust made a highly questionable political donation to, will play a lead role in his impeachment defense. She's also a registered agent for Qatar.

http://www.msnbc.com/rachel-maddow-show/despite-earlier-controversy-pam-bondi-joining-team-trump

Despite earlier controversy, Pam Bondi joining Team Trump
Trey Gowdy's role on Team Trump apparently didn't work out. Now it's Pam Bondi's turn.

msnbc.com


10:28 AM - Dec 13, 2019


December 13, 2019

Danny Aiello dead at 86

https://www.tmz.com/2019/12/13/danny-aiello-dead-dies-infection-do-the-right-thing/

Veteran actor Danny Aiello -- known for his supporting roles in many acclaimed movies since the '70s -- died Thursday night ... TMZ has learned.

According to his family ... Danny passed away at a medical facility in New Jersey where he was being treated for a sudden illness. We're told he suffered an infection related to his treatment. Danny's family had come to visit him Thursday, and we're told he died shortly after they'd left that evening.

Aiello broke into movies in the early '70s by landing a small role in the Robert De Niro baseball drama, "Bang the Drum Slowly." He followed it up by playing Tony Rosato in "The Godfather: Part II" ... in which he delivered the famous line, "Michael Corleone says hello!"

Danny would go on to earn praise in several hit films in the '80s, like "Fort Apache the Bronx" with Paul Newman, "Once Upon a Time in America," "The Purple Rose of Cairo" and "Moonstruck" opposite Cher.

He gained massive critical acclaim and his first Best Supporting Oscar nomination for his role as Sal, the pizza joint owner, in Spike Lee's, "Do the Right Thing." Danny was also a singer and a Broadway actor.

Danny is survived by 4 children and his wife Sandy, to whom he was married since 1955.

</snip>


GREAT actor! Cross gently Danny...
December 13, 2019

Matt Bevin pardons convicted killer whose brother hosted campaign fundraiser for him

https://www.usatoday.com/story/news/politics/2019/12/13/kentucky-governor-matt-bevin-pardons-killer-ties-fundraiser/2635847001/

Kentucky governor pardons convicted killer whose brother hosted campaign fundraiser for him

Andrew Wolfson
Joe Sonka
Louisville Courier Journal

Published 6:58am December 13, 2019

LOUISVILLE, Ky. — The family of a man pardoned by Gov. Matt Bevin for a homicide and other crimes in a fatal 2014 Knox County home invasion raised $21,500 at a political fundraiser last year to retire debt from Bevin’s 2015 gubernatorial campaign.

The brother and sister-in-law of offender Patrick Brian Baker also gave $4,000 to Bevin’s campaign on the day of the fundraiser, according to the Kentucky Registry of Election Finance database.

A photo of Bevin attending the July 26, 2018, fundraiser at the home of Eric and Kathryn Baker in Corbin was published six days later in a local paper, the News Journal.

Commonwealth’s Attorney Jackie Steele, who prosecuted Patrick Baker and other defendants for the 2014 death of Donald Mills, told The Courier Journal on Wednesday it would be an “understatement to say I am aggrieved” by Bevin’s pardon.

Steele identified Patrick Baker as the brother of Eric Baker, who hosted the Bevin fundraiser at his Corbin home.

The Friday order was one of 428 pardons and commutations Bevin issued since his narrow loss in November to Democrat Andy Beshear, who was sworn into office Tuesday.

The beneficiaries include one offender convicted of raping a child, another who hired a hit man to kill his business partner and a third who killed his parents.

Steele noted Baker served two years of a 19-year sentence on his conviction for reckless homicide, robbery, impersonating a peace officer and tampering with evidence.

</snip>


December 13, 2019

47 Years Ago Today; Apollo 17's Cernan and Schmitt are last humans to walk on moon (to date)

https://en.wikipedia.org/wiki/Apollo_17


Eugene Cernan aboard the Lunar Roving Vehicle during the first EVA of Apollo 17

Apollo 17 (December 7–19, 1972) was the final mission of NASA's Apollo program; it remains the most recent time humans have travelled beyond low Earth orbit. Its crew consisted of Commander Eugene Cernan, Lunar Module Pilot Harrison Schmitt, and Command Module Pilot Ronald Evans, and it carried a biological experiment containing five mice.

Launched at 12:33 a.m. Eastern Standard Time (EST) on December 7, 1972, Apollo 17 was a "J-type mission" that included three days on the lunar surface, extended scientific capability, and the use of the third Lunar Roving Vehicle (LRV).

Cernan and Schmitt landed in the Taurus–Littrow valley and completed three moonwalks, taking lunar samples and deploying scientific instruments. The landing site had been chosen to further the mission's main goals: to sample lunar highland material older than Mare Imbrium, and to investigate the possibility of relatively recent volcanic activity. Evans remained in lunar orbit in the command and service module (CSM), taking scientific measurements and photographs.

Cernan, Evans, Schmitt, and the mice returned to Earth on December 19.

Apollo 17 was the first mission to have no one on board who had been a test pilot; X-15 test pilot Joe Engle lost the lunar module pilot assignment to Schmitt, a geologist. The mission included the first night launch of a U.S. human spaceflight and the final crewed launch of a Saturn V rocket. It was also the final use of Apollo hardware for its original purpose (extra Apollo spacecraft were later used in the Skylab and Apollo–Soyuz programs).

The mission broke several crewed spaceflight records: the longest Moon landing, longest total extravehicular activities (moonwalks), largest lunar sample, longest time in lunar orbit, and, at 75, most lunar orbits.

<snip>

Lunar surface


Eugene Cernan on the lunar surface, December 13, 1972

Over three moonwalks (EVAs), Cernan and Schmitt deployed the LRV, the Apollo Lunar Surface Experiments Package (ALSEP) and seismic explosive charges. They parked the LRV at nine planned geological survey stations to collect samples and make observations. Additionally, twelve short sampling stops were made at Schmitt's discretion while riding the LRV, during which the astronauts rapidly collected lunar material without dismounting.

The first lunar excursion began four hours after landing, at 6:54 p.m. EST on December 11. The first task was to offload the rover and other equipment from the LM. While working near the rover, Cernan caught his hammer under the right-rear fender extension, accidentally breaking it off. A similar incident occurred on Apollo 16 as John Young maneuvered around the rover. Although this was not a mission-critical issue, the loss of the part caused Cernan and Schmitt to be covered with dust thrown up when the rover was in motion. The crew attempted a short-lived fix using duct tape, attaching a map to the damaged fender. However lunar dust stuck to the tape's surface, preventing it from adhering properly. The crew deployed the ALSEP just west of the landing site. This task done, they departed for the first geological survey station: Steno crater to the south of the landing site. The astronauts gathered 14 kilograms (31 lb) of samples, took seven gravimeter measurements, and deployed two explosive packages. The latter were detonated remotely to test geophones placed by the astronauts, and also seismometers left during previous missions. The EVA ended after seven hours and twelve minutes.


Astronauts Cernan and Schmitt singing "I Was Strolling on the Moon One Day" to the words and tune of "While Strolling Through the Park One Day"

On December 12, awakened by "Ride of the Valkyries", Cernan and Schmitt began their second lunar excursion. First, the rover's fender needed a better fix. Overnight, the flight controllers devised a procedure communicated by John Young: taping four cronopaque maps together and clamping the "replacement fender extension" onto the fender. The astronauts carried out the new fix which did its job, lasting the remainder of the exploration. Cernan and Schmitt then departed for station 2—Nansen Crater, at the foot of the South Massif. Upon arrival, Cernan reported their range as 7.6 km (4.7 mi, 25,029 ft[33]) away from the lunar module; it was the furthest distance traveled away from a spacecraft during the Apollo program. The astronauts were at the extremity of their "walkback limit", a safety constraint meant to ensure that they could walk back to the LM if for whatever reason the rover failed. They began a return trip, traveling northeast. Stopping at station 4—Shorty crater—the astronauts discovered orange soil, which proved to be very small beads of volcanic glass formed over 3.5 billion years ago. The final stop before returning to the LM was Camelot crater; throughout the sojourn, the astronauts collected 34 kilograms (75 lb) of samples, took another seven gravimeter measurements, and deployed three more explosive packages. Concluding the EVA at seven hours and thirty-seven minutes, Cernan and Schmitt had completed the longest-duration EVA in history to-date, traveling further away from a spacecraft and covering more ground on a planetary body during a single EVA than any other spacefarers. Once the LM was repressurized, CAPCOM Bob Parker was particularly impressed, saying: "Absolutely outstanding. I can't say more than that. And I mean it from the bottom of my heart or the bottom of my soul or something, my conscience."

The third moonwalk, the last of the Apollo program, began at 5:25 pm EST on December 13. Cernan and Schmitt rode the rover northeast of the landing site, exploring the base of the North Massif and the Sculptured Hills. Stopping at station 6, they examined a house-sized split boulder dubbed Tracy's Rock (or Split Rock), after Cernan's daughter. The ninth and final planned station was conducted at Van Serg crater. The crew collected 66 kilograms (146 lb) of lunar samples and took another nine gravimeter measurements. Before concluding the moonwalk, the crew collected a breccia rock, dedicating it to the nations of Earth, several of which were represented in Mission Control Center in Houston, Texas, at the time. A plaque located on the LM, commemorating the achievements made during the Apollo program, was then unveiled. Before reentering the LM for the final time, Gene Cernan expressed his thoughts:

... I'm on the surface; and, as I take man's last step from the surface, back home for some time to come - but we believe not too long into the future - I'd like to just [say] what I believe history will record. That America's challenge of today has forged man's destiny of tomorrow. And, as we leave the Moon at Taurus-Littrow, we leave as we came and, God willing, as we shall return, with peace and hope for all mankind. "Godspeed the crew of Apollo 17."


Cernan then followed Schmitt into the LM; the final lunar excursion had a duration of seven hours and fifteen minutes.

</snip>


December 12, 2019

Don't cross Santa Ed Asner!

https://twitter.com/TheOnlyEdAsner/status/1205124598758436864
Ed Santa Claus Asner ✔ @TheOnlyEdAsner

You are permanently on the naughty list. Schmuck!

Donald J. Trump ✔ @realDonaldTrump

So ridiculous. Greta must work on her Anger Management problem, then go to a good old fashioned movie with a friend! Chill Greta, Chill!


8:57 AM - Dec 12, 2019


December 12, 2019

"The two must under appreciated people in American history" (GREAT pic)

https://twitter.com/TomDangora/status/1205102273480863744
Tom D'Angora ✔ @TomDangora

I've never seen this before.
So many emotions.
The two must under appreciated people in American history,
the Legitimate POTUS @HillaryClinton and our @SpeakerPelosi




7:29 AM - Dec 12, 2019


Great pic, although what a terribly dark day in our history.
December 12, 2019

Voting underway in the UK - that means Pups at polling stations day, too!

https://twitter.com/nytimes/status/1205098437240401922
The New York Times ✔ @nytimes

Voting is underway in the British general election. #Dogsatpollingstations has become something of an Election Day tradition, with voters sharing photographs of their pups outside their local polling stations.



https://nyti.ms/38yTM2s

7:13 AM - Dec 12, 2019


Woof! 🐶🐩
December 12, 2019

19 Years Ago Today; SCOTUS rules on Bush v Gore, and tosses their legacy into the toilet

https://en.wikipedia.org/wiki/Bush_v._Gore



Bush v. Gore, 531 U.S. 98 (2000), was a decision of the United States Supreme Court that settled a recount dispute in Florida's 2000 presidential election. The ruling was issued on December 13, 2000. On December 9, the Court had preliminarily halted the Florida recount that was occurring. Eight days earlier, the Court unanimously decided the closely related case of Bush v. Palm Beach County Canvassing Board. The Electoral College was scheduled to meet on December 18, 2000, to decide the election.

In a per curiam decision, the Court ruled that the use of different standards of counting in different counties violated the Equal Protection Clause, and ruled that no alternative method could be established within the time limit set by Title 3 of the United States Code (3 U.S.C.), § 5 ("Determination of controversy as to appointment of electors" ), which was December 12.] The vote regarding the Equal Protection Clause was 7–2, and regarding the lack of an alternative method was 5–4. Three concurring justices also asserted that the Florida Supreme Court had violated Article II, § 1, cl. 2 of the Constitution, by misinterpreting Florida election law that had been enacted by the Florida Legislature.

The Supreme Court decision allowed the previous vote certification to stand, as made by Florida Secretary of State Katherine Harris, for George W. Bush as the winner of Florida's 25 electoral votes. Florida's votes gave Bush, the Republican candidate, 271 electoral votes, one more than the required 270 to win the Electoral College, and the defeat of Democratic candidate Al Gore, who received 266 electoral votes (a "faithless elector" from the District of Columbia abstained).

Media organizations subsequently analyzed the ballots and found that the originally proposed county-based recounts would have resulted in a different outcome (Bush victory) than a full statewide recount (Gore victory). Florida subsequently changed to new voting machines to avoid punch cards which had allowed dimpled cards or hanging chad.

A number of subsequent articles have characterized the decision as damaging the reputation of the court, increasing the view of judges as partisan, and decreasing Americans' trust in the integrity of elections.

<snip>

Decision
In brief, the breakdown of the decisions was:

Seven justices (the five Justice majority plus Souter and Breyer) agreed that there was an Equal Protection Clause violation in using different standards of counting in different counties. The per curiam opinion (representing the views of Justices Kennedy, O'Connor, Rehnquist, Scalia, and Thomas) also identified a problem with the fact that the Florida recount was limited to undervotes; the per curiam implied that a constitutionally valid recount would have included not only Florida's undervotes, but also Florida's overvotes and the ballots that were classified by Florida's voting machines as legal votes.[38] The per curiam expressed concern that the limited scope of Florida's recount would mean that some valid votes (among the overvotes) would not be counted as legal votes even though they should have been counted as such and that some ballots would be counted as legal votes even though they should not have been counted as such (as in, if a voter marks two choices on a ballot but a voting machine only reads one of these marks and thus treats this ballot as a valid vote instead of treating it as an invalid ballot like it is supposed to do). Justices Breyer and Souter disagreed with the Bush v. Gore majority in regards to this (in spite of their agreement with the Bush v. Gore majority that different standards for counting ballots in different counties was unconstitutional) and did not see any problem in Florida's decision to limit its recount to undervotes.

Five justices agreed that December 12 (the date of the decision) was the deadline Florida had established for recounts (Rehnquist,[40] O'Connor, Scalia, Kennedy, and Thomas in support; Stevens, Souter, Ginsburg, and Breyer opposed). Justices Souter and Breyer wanted to remand the case to the Florida Supreme Court to permit that court to establish uniform standards of what constituted a legal vote and then manually recount all ballots using those standards.

Three justices (Rehnquist, Scalia and Thomas) argued that the Florida Supreme Court had acted contrary to the intent of the Florida legislature. Four justices (Stevens, Souter, Ginsburg and Breyer) specifically disputed this in their dissenting opinions, and the remaining two Justices (O'Connor and Kennedy) declined to join Rehnquist's concurrence on the matter.

Equal Protection Clause
The Supreme Court, in a per curiam opinion, ruled that the Florida Supreme Court's decision, calling for a statewide recount, violated the Equal Protection Clause of the Fourteenth Amendment. This ruling was by a 7–2 vote, though per curiam opinions are usually issued only for unanimous votes. Kennedy has since been identified as the primary author of the opinion. In addition to writing the opinion, Kennedy also decided to include Souter, Breyer, and Stevens in the majority without consulting them, initially intending the per curiam opinion to have the vote count listed as 8-1 for the Equal Protections Clause issue (though not the remedy), rather than 7-2. Stevens demanded his name be removed from the majority, which Kennedy agreed to only after Stevens pulled his name from Breyer's dissent. Breyer also objected in private, but he was left as part of the majority. Later interviews by Vanity Fair indicated that Breyer and Souter were trying to appeal to Kennedy to join them on the remedy, rather than actually agreeing that an Equal Protections violation had occurred.[43] Jack Balkin, writing in Yale Law Journal, considered this to be a cheap trick to construct the illusion of a larger majority, likening it to "saying that two doctors agree that a patient is sick, but one wants to use leeches, and the other wants to prescribe antibiotics".

The Court held that the Equal Protection Clause guarantees to individuals that their ballots cannot be devalued by "later arbitrary and disparate treatment". Even if the recount was fair in theory, it was unfair in practice. The record, as weighed by the Florida Supreme Court, suggested that different standards were seemingly applied to the recount from ballot to ballot, precinct to precinct, and county to county, even when identical types of ballots and machines were used.

According to the Court, the statewide standard (that a "legal vote" is "one in which there is a 'clear indication of the intent of the voter'" ) could not guarantee that each county would count the votes in a constitutionally permissible fashion. The Court stated that the per curiam opinion's applicability was "limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities."

Critics would later point out that the court had rejected certiorari on Equal Protections grounds when Bush first went to federal court. Law clerks who worked for Kennedy and O'Connor at the time would later state their belief that the judges settled on the Equal Protections as grounds for their decision, rather than Article II, because they thought it would seem more fair.

Remedy
The Court ruled 5–4 that no constitutionally valid recount could be completed by a December 12 "safe harbor" deadline. The Court asserted that "the Supreme Court of Florida has said that the legislature intended the State's electors to 'participat[e] fully in the federal electoral process,' as provided in 3 U.S.C. § 5." The Court therefore effectively ended the proposed recount, because "the Florida Legislature intended to obtain the safe-harbor benefits of 3 U.S.C. §5."

Four justices (Justices Stevens, Ginsburg, Souter and Breyer) dissented as to stopping the recount. Two of these, Breyer and Souter, acknowledged that the counting up until December 9 had not conformed with Equal Protection requirements. However, Souter and Breyer favored remanding the case back to the Florida Supreme Court for the purpose of crafting specific guidelines for how to count disputed ballots, in contrast to the majority's decision to halt the recount altogether. The actual counting had ended with the December 9 injunction issued by the same five-justice majority, three days before any deadline.

The dissenting opinions strongly criticized the five justice majority for involving the Court in state-level affairs. Justice Stevens' dissent (joined by Justices Breyer and Ginsburg) concluded as follows:

What must underlie petitioners' entire federal assault on the Florida election procedures is an unstated lack of confidence in the impartiality and capacity of the state judges who would make the critical decisions if the vote count were to proceed. Otherwise, their position is wholly without merit. The endorsement of that position by the majority of this Court can only lend credence to the most cynical appraisal of the work of judges throughout the land. It is confidence in the men and women who administer the judicial system that is the true backbone of the rule of law. Time will one day heal the wound to that confidence that will be inflicted by today's decision. One thing, however, is certain. Although we may never know with complete certainty the identity of the winner of this year's Presidential election, the identity of the loser is perfectly clear. It is the Nation's confidence in the judge as an impartial guardian of the rule of law.


The per curiam opinion in Bush v. Gore did not technically dismiss the case, and instead "remanded for further proceedings not inconsistent with this opinion." Gore's attorneys therefore understood that they could fight on, and could petition the Florida Supreme Court to repudiate the notion that December 12 was final under Florida law.

However, Gore dropped the case, reportedly because he was not optimistic about how the Florida justices would react to further arguments and, as one of his advisers put it, "the best Gore could hope for was a slate of disputed electors." In addition, Gore campaign chairman Bill Daley argued that fighting on was futile because even if the Florida Supreme Court defied the U.S. Supreme Court and ordered a new recount, "[t]he GOP would take them straight back to Washington, where the [U.S.] Supreme Court would repeat: 'You ain't going to count, okay? So quit bothering us.'"

On remand, the Florida Supreme Court issued an opinion on December 22, 2000, that did not dispute whether December 12 was the deadline for recounts under state law, although this was disputed in a concurring opinion by Florida Supreme Court Justice Leander Shaw who nevertheless expressed deference to the U.S. Supreme Court's view on this issue and who also argued that, in any case, the Florida Supreme Court would (in his opinion) be unable to craft a remedy which would satisfy all of the U.S. Supreme Court's equal protection, due process, and other concerns.

Article II
Chief Justice Rehnquist's concurring opinion, joined by Justices Scalia and Thomas, began by emphasizing that this was an unusual case in which the Constitution requires federal courts to assess whether a state supreme court has properly interpreted the will of the state legislature. Usually, federal courts do not make that type of assessment, and indeed the per curiam opinion in this case did not do so. After addressing this aspect of the case, Rehnquist examined and agreed with arguments that had been made by the dissenting justices of the Florida Supreme Court.

In his concurring opinion, Rehnquist also mentioned that he and Justices Scalia and Thomas all join the Supreme Court's per curiam opinion in the Bush v. Gore case and agree with the legal analysis that was presented there.

<snip>




Vice President Gore's concession speech after the ruling - I recall sobbing during it:


What might have been...

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