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Joe La Fleur

Obama Lawyer Admits Forgery But Disregards Image As Indication of Obama's Ineligibility... - 0 views

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    OBAMA LAWYER ADMITS IN COURT THAT HIS BIRTH CERTIFICATE IS A FORGERY
Skeptical Debunker

Use of DNA evidence is not an open and shut case, professor says - 0 views

  • In his new book, "The Double Helix and the Law of Evidence" (Harvard University Press), Kaye focuses on the intersection of science and law, and emphasizes that DNA evidence is merely information. "There's a popular perception that with DNA, you get results," Kaye said. "You're either guilty or innocent, and the DNA speaks the truth. That goes too far. DNA is a tool. Perhaps in many cases it's open and shut, in other cases it's not. There's ambiguity."
  • One of the book's key themes is that using science in court is hard to do right. "It requires lawyers and judges to understand a lot about the science," Kaye noted. "They don't have to be scientists or technicians, but they do have to know enough to understand what's going on and whether the statements that experts are making are well-founded. The lawyers need to be able to translate that information into a form that a judge or a jury can understand." Kaye also believes that lawyers need to better understand statistics and probability, an area that has traditionally been neglected in law school curricula. His book attempts to close this gap in understanding with several sections on genetic science and probability. The book also contends that scientists, too, have contributed to the false sense of certainty, when they are so often led by either side of one particular case to take an extreme position. Scientists need to approach their role as experts less as partisans and more as defenders of truth. Aiming to be a definitive history of the use of DNA evidence, "The Double Helix and the Law of Evidence" chronicles precedent-setting criminal trials, battles among factions of the scientific community and a multitude of issues with the use of probability and statistics related to DNA. From the Simpson trial to the search for the last Russian Tsar, Kaye tells the story of how DNA science has impacted society. He delves into the history of the application of DNA science and probability within the legal system and depicts its advances and setbacks.
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    Whether used to clinch a guilty verdict or predict the end of a "CSI" episode, DNA evidence has given millions of people a sense of certainty -- but the outcomes of using DNA evidence have often been far from certain, according to David Kaye, Distinguished Professor of Law at Penn State.
thinkahol *

AMERICAblog Gay: When David Boies destroyed Tony Perkins on 'Face the Nation' - 0 views

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    "Tony Perkins from the Family Research Council debated Prop. 8 lawyer David Boies this morning on "Face the Nation." Boies didn't let Perkins get away with spewing falsehoods and lies. After Perkins spewed the usual right-wing anti-gay rhetoric, Boies let him have it:"
thinkahol *

Think Progress » Ted Olson To Chris Wallace On Marriage Equality: 'Would You ... - 0 views

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    This morning, Ted Olson - the conservative lawyer who represented President Bush in Bush v. Gore - appeared on Fox News Sunday to discuss his recent victory in overturning Proposition 8, which banned same-sex marriages in California. Throughout the interview, host Chris Wallace attempted to trip up his guest with a series of familiar Republican talking points, all of which Olson repudiated.
thinkahol *

FDL Book Salon Welcomes Bruce Fein, American Empire Before the Fall | Book Salon - 0 views

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    There's no doubting the conservative bona fides of Bruce Fein. A high-level Justice Department lawyer in the Reagan administration in the 1980s and previously a resident scholar with the Heritage Foundation, he is a long-time advocate for uncompromising right-wing political principles. Yet paradoxically, Fein has been, and remains, one of the most eloquent and incisive political voices over the last decade. He was one of the earliest and most emphatic critics of Bush and Cheney's radical abuses of executive power. Two weeks after The New York Times revealed in December, 2005, that Bush had ordered the NSA to illegally eavesdrop on Americans without the warrants required by law, Fein used his column in the right-wing Washington Times to warn that "Mr. Bush has adamantly refused to acknowledge any constitutional limitations on his power to wage war indefinitely"; to scorn as "war powers nonsense" the theories assembled "to defend Mr.
alex thorn

Court: Texas wrongly seized sect children - FLDS hearings- msnbc.com - 0 views

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    I totally predicted this would happen, as did every constitutional scholar or lawyer, I am sure. OBVIOUS no just or probable cause to seize the amount of children that they did. They didn't limit the scope of the raid to the scope of the informant's tip. The informant turned out to be an imposter, a former sect member no longer living at the ranch, and must be ruled ultimately unreliable. So obvious. Goddamn GOVERNMENT!!!
Skeptical Debunker

Belief In Climate Change Hinges On Worldview : NPR - 0 views

  • "People tend to conform their factual beliefs to ones that are consistent with their cultural outlook, their world view," Braman says. The Cultural Cognition Project has conducted several experiments to back that up. Participants in these experiments are asked to describe their cultural beliefs. Some embrace new technology, authority and free enterprise. They are labeled the "individualistic" group. Others are suspicious of authority or of commerce and industry. Braman calls them "communitarians." In one experiment, Braman queried these subjects about something unfamiliar to them: nanotechnology — new research into tiny, molecule-sized objects that could lead to novel products. "These two groups start to polarize as soon as you start to describe some of the potential benefits and harms," Braman says. The individualists tended to like nanotechnology. The communitarians generally viewed it as dangerous. Both groups made their decisions based on the same information. "It doesn't matter whether you show them negative or positive information, they reject the information that is contrary to what they would like to believe, and they glom onto the positive information," Braman says.
  • "Basically the reason that people react in a close-minded way to information is that the implications of it threaten their values," says Dan Kahan, a law professor at Yale University and a member of The Cultural Cognition Project. Kahan says people test new information against their preexisting view of how the world should work. "If the implication, the outcome, can affirm your values, you think about it in a much more open-minded way," he says. And if the information doesn't, you tend to reject it. In another experiment, people read a United Nations study about the dangers of global warming. Then the researchers told the participants that the solution to global warming is to regulate industrial pollution. Many in the individualistic group then rejected the climate science. But when more nuclear power was offered as the solution, says Braman, "they said, you know, it turns out global warming is a serious problem."And for the communitarians, climate danger seemed less serious if the only solution was more nuclear power.
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  • Then there's the "messenger" effect. In an experiment dealing with the dangers versus benefits of a vaccine, the scientific information came from several people. They ranged from a rumpled and bearded expert to a crisply business-like one. The participants tended to believe the message that came from the person they considered to be more like them. In relation to the climate change debate, this suggests that some people may not listen to those whom they view as hard-core environmentalists. "If you have people who are skeptical of the data on climate change," Braman says, "you can bet that Al Gore is not going to convince them at this point." So, should climate scientists hire, say, Newt Gingrich as their spokesman? Kahan says no. "The goal can't be to create a kind of psychological house of mirrors so that people end up seeing exactly what you want," he argues. "The goal has to be to create an environment that allows them to be open-minded."And Kahan says you can't do that just by publishing more scientific data.
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    "It's a hoax," said coal company CEO Don Blankenship, "because clearly anyone that says that they know what the temperature of the Earth is going to be in 2020 or 2030 needs to be put in an asylum because they don't." On the other side of the debate was environmentalist Robert Kennedy, Jr. "Ninety-eight percent of the research climatologists in the world say that global warming is real, that its impacts are going to be catastrophic," he argued. "There are 2 percent who disagree with that. I have a choice of believing the 98 percent or the 2 percent." To social scientist and lawyer Don Braman, it's not surprising that two people can disagree so strongly over science. Braman is on the faculty at George Washington University and part of The Cultural Cognition Project, a group of scholars who study how cultural values shape public perceptions and policy
Skeptical Debunker

Radical Anti-tax Groups Growing Threat, Say Law Enforcement - Local News | News Article... - 0 views

  • Stack's manifesto offers insight into his personal journey as a tax protester - and into the large and growing movement that attracted him. Passages of Stack's manifesto suggest that he was involved in a notorious home church scheme that was popular in the part of California where he lived before he moved to Texas, MacNab said. Stack wrote that he was part of a group who held tax code readings and "zeroed in on a section relating to the wonderful 'exemptions' that make institutions like the vulgar, corrupt Catholic Church so incredibly wealthy." He said they had "the best high-paid experienced tax lawyers in the business." MacNab said Stack likely was referring to a notorious scheme run by lawyers William Drexler and Jerome Daly. It was based on the idea that citizens could establish themselves as a church and gain the same tax exemptions afforded to religious institutions. The scheme didn't work, and Drexler and Daly were disbarred and imprisoned. If this was the operation Stack was referring to, it may have been a turning point in his life. He wrote: "That little lesson in patriotism cost me $40,000+, 10 years of my life, and set my retirement plans back to 0. It made me realize for the first time that I live in a country with an ideology that is based on a total and complete lie." This inspired him to take action, write to politicians and meet with likeminded anti-tax protesters. He wrote: "I spent countless hours on the L.A. freeways driving to meetings and any and all of the disorganized professional groups who were attempting to mount a campaign against this atrocity." His anti-tax and anti-government beliefs may also have been fueled by Section 1706, an obscure and relatively unknown change in the tax code that focused on his industry and went into effect in 1986. Section 1706 essentially removed technical workers like software engineers from a safe haven classification of "self-employed consultant," making it easier for the IRS to challenge how Information Technology companies classified their employers. An association of IT companies and industry professionals, now called TechServe Alliance, was created to protest the changes in tax law that it says singled out the industry. "It made the whole business riskier for people using independent contractors because it favored the so-called employment business model," Mark Roberts, TechServe CEO, told FoxNews.com. "It created havoc on a number of folks." Roberts was quick to condemned Stack's behavior as "an act of a very, very sick individual." "I don't see a long-term lasting effect, just a troubled wayward person acting in response to a legitimate issue. But I don't think that actually impacts the issue," Roberts said. Noting that Section 1706 was passed years ago, he added: "We still resent the fact that it singles out the industry, but folks have basically learned to adapt. It's kind of been awhile since this was a burning issue in the industry."
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    Joseph Stack, the 53-year-old software engineer who crashed his small plane into a seven-story office building in Austin, Texas, was part of a growing, violent anti-tax and anti-government movement that has become increasingly alarming to law enforcement agencies.\n\nStack, who torched his home Thursday morning before setting out on his suicide flight, was fueled by his hatred of the Internal Revenue Service, which had offices and employed nearly 200 workers in the building.
Skeptical Debunker

"Hurt Locker" producers sued days before Oscars - Yahoo! News - 0 views

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    An Army sergeant on Tuesday sued the makers of Oscar-nominated film "The Hurt Locker" five days before the Academy Awards, claiming the central character in the film is based on him. Master Sergeant Jeffrey S. Sarver believes screenwriter Mark Boal based "virtually all of the situations" in the film on events involving him and claims he coined the phrase "the hurt locker," according to a statement from lawyer Geoffrey Fieger in Southland, Michigan, who is representing Sarver.
thinkahol *

U.S. Justice v. the world - Glenn Greenwald - Salon.com - 0 views

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    In March, 2002, American citizen Jose Padilla was arrested in Chicago and publicly accused by then-Attorney-General John Ashcroft of being "The Dirty Bomber."  Shortly thereafter, he was transferred to a military brig in South Carolina, where he was held for almost two years completely incommunicado (charged with no crime and denied all access to the outside world, including even a lawyer) and was brutally tortured, both physically and psychologically.  All of this -- including the torture -- was carried out pursuant to orders from President Bush, Secretary Rumsfeld and other high-ranking officials.  Just as the Supreme Court was about to hear Padilla's plea to be charged or released -- and thus finally decide if the President has the power to imprison American citizens on U.S. soil with no charges of any kind -- the Government indicted him in a federal court on charges far less serious than Ashcroft had touted years earlier, causing the Supreme Court to dismiss Padilla's arguments as "moot"; Padilla was then convicted and sentenced to 17 years in prison.
thinkahol *

YouTube - Ralph Nader: 1/13 An Unreasonable Man Subt Español - 0 views

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    In 1966, General Motors, the most powerful corporation in the world, sent private investigators to dig up dirt on an obscure thirty-two year old public interest lawyer named Ralph Nader, who had written a book critical of one of their cars, the Corvair. The scandal that ensued after the smear campaign was revealed launched Ralph Nader into national prominence and established him as one of the most admired Americans and the leader of the modern Consumer Movement. Over the next thirty years and without ever holding public office, Nader built a legislative record that is the rival of any contemporary president. Many things we take for granted including seat belts, airbags, product labeling, no nukes, even the free ticket you get after being bumped from an overbooked flight are largely due to the efforts of Ralph Nader and his citizen groups. Yet today, when most people hear the name "Ralph Nader," they think of the man who gave the country George W. Bush. As a result, after sustaining his popularity and effectiveness over an unprecedented amount of time, he has become a pariah even among former friends and allies. How did this happen? Is he really to blame for George W. Bush? Who has stuck by him and who has abandoned him? Has our democracy become a consumer fraud? After being so right for so many years, how did he seem to go so wrong? With the help of exciting graphics, rare archival footage and over forty on-camera interviews conducted over the past two years, "An Unreasonable Man" traces the life and career of Ralph Nader, one of the most unique, important, and controversial political figures of the past half century.
thinkahol *

Climate of Fear: Jim Risen v. the Obama administration - Glenn Greenwald - Salon.com - 0 views

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    [Barring unforeseen events, I'm going to leave this post at the top of the page for today and tomorrow, as I think the events it examines, rather in detail and at length, are vitally important and merit much more attention than they've received] The Obama DOJ's effort to force New York Times investigative journalist Jim Risen to testify in a whistleblower prosecution and reveal his source is really remarkable and revealing in several ways; it should be receiving much more attention than it is.  On its own, the whistleblower prosecution and accompanying targeting of Risen are pernicious, but more importantly, it underscores the menacing attempt by the Obama administration -- as Risen yesterday pointed out -- to threaten and intimidate whistleblowers, journalists and activists who meaningfully challenge what the government does in secret. The subpoena to Risen was originally issued but then abandoned by the Bush administration, and then revitalized by Obama lawyers.  It is part of the prosecution of Jeffrey Sterling, a former CIA agent whom the DOJ accuses of leaking to Risen the story of a severely botched agency plot -- from 11 years ago -- to infiltrate Iran's nuclear program, a story Risen wrote about six years after the fact in his 2006 best-selling book, State of War.  The DOJ wants to force Risen to testify under oath about whether Sterling was his source.
Emery Ledger

Elder Abuse Attorney: Abuse in Nursing Homes - 0 views

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    Americans are living longer than in years past as according to the latest census, about 13% of the United States population is age 65 or older unlike in the past 1900 which is 4%. Studies show us that they are extremely vulnerable to abuse and neglect.
Levy Rivers

Democrat president needed to restore U.S. reputation: delegates - 0 views

  • Alegi, 72, said Europeans are appalled by the Republican administration's willingness to set aside conventional civil rights for detainees captured in Iraq or Afghanistan. Ken Sherman, a Hamilton, Ont., resident who was selected as a delegate pledged to Barack Obama, said that when he visits Europe, he uses his Canadian rather than American passport because international anger over U.S. foreign policy. "In the last five years with George Bush, I don't pull out my American passport unless I need it." But Obama's rise has made Sherman, 71, prepared to embrace his American citizenship again. "Something has happened in the past two years that has made me proud to be an American again. People are rising up." Wayne Weightman, a 46-year-old Cambodian lawyer, came to Vancouver to support Barack Obama who, he believes, can revive respect overseas for America.
Levy Rivers

Mark Kleiman: Changing the topic - Politics on The Huffington Post - 0 views

  • Coincidentally, on the very same day the Financial Times reported that UBS had advised 50 current and former employees of its private banking group not to travel to the United States. The bank is worried that they might be arrested in connection with a massive tax-evasion scheme under which UBS helped rich Americans cheat the IRS, thus making sure that the rest of us suckers had to pay for, e.g., the War in Iraq. Some of the clients of the scheme are already testifying before a grand jury, and a senior UBS official has already been indicted. UBS is offering to provide lawyers for all of the suspects. Now, how is it that Gramm got to be Vice-Chairman of UBS? Why, by being the chief author of the banking-deregulation legislation (the repeal of the Glass-Steagall Act) that made so many bankers rich and helped create the crisis McCain doesn't want to do anything about. In keeping with McCain's decision to purge "lobbyists" from his campaign, Gramm had himself de-registered as a lobbyist. But he's still Vice Chairman of UBS, and still McCain's chief economic adviser. All the de-listing means is that he can't now personally call Congressmen or Senators; no doubt his staff can handle such details for the next few months.
Skeptical Debunker

Tax Bomber Stack Wanted Independent Contractor Status to Avoid Paying Taxes - 0 views

  • Stack was upset that §1706 did precisely what it was designed to do: Deprive him of the chance to exploit independent contractor status to avoid paying taxes through non-filing or through the understatement of income, overstatement of deductions, and avoidance of income tax withholding. In spite of the overwhelming advantages attendant to employee status, Joe Stack desperately wanted to be treated as an independent contractor for one simple reason: It would have made his tax protesting easier.4 Footnotes: ¹  We have met many taxpayers who worked as independent contractors for years without so much as a peep of protest until they realized, ex post facto, that it might have better for them to have been treated as employees. In our experience, workers tend to be content with their independent contractor status until one of the following happens: They get fired or quit They get hurt on the job They get sued for something they did while on the job They need a bank loan (and employment verification)  ²  If Stack had been an independent contractor and was subsequently “fired” by his principal, my hunch is it would have taken him less time to file a claim for unemployment compensation than it takes Apolo Ohno to finish short track. ³  Indeed, §1706 was included in TRA ‘86 because the CBO had estimated that the government was losing up to 30% of taxes because independent contractors were either not reporting all of their income on their tax returns or were claiming fraudulent or questionable deductions against that income. 4   Like all tax protestors, Stack knew that once the IRS had collected his taxes through payroll withholding it would never give it back to him based on previously refuted tax protestor arguments. Consequently, his only chance of avoiding taxes was to control his own tax payments and then use his frivolous arguments to evade or at least defer paying taxes.
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    Enacted in 1978, §530 is a safe harbor law that lists several conditions which if met allows workers to be treated as independent contractors rather than employees.\n\n Joe Stack was compelled to burn his house down, murder his wife and children and fly his airplane into the side of a federal building because 24 years ago Congress passed and President Reagan signed into law the Tax Reform Act of 1986 that added sub-section (d) to §530 thereby excluding engineers and computer programmers from the safe harbor provisions of §530 .\n\nThe passage of this law (§1706 of the Tax Reform Act of 1986) did not as some have suggested make all engineers and computer programmers employees, it merely made them subject to the 20 factor common law test historically used for determination of a worker's status. In other words, had Joe Stack been truly independent from the company or companies to whom he provided services, he could have, should have and would have been treated as an independent contractor rather than an employee.
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