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Joseph Skues

Thousands of felons, dead people, still registered to vote in Florida - Central Florida... - 0 views

  • and a lot of new felons and more dead people joined them.
  • tatewide, as many as 14,892 voters dead as long as two decades were still registered as of July.
  • 9,766 felons who have not gotten their voting rights restored under Florida law remain registered.
Gary Edwards

Romney's Best Speech Yet - 0 views

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    Guy Benson at Townhall.com posted an excellent dissection of Romney's incredible response and counterpunch to Obama's calling him a liar and a felon. Looks like it's game on. The dissection includes lots of links, including a link to the full Romney speech. Reaganesque!!!! Bravo! excerpt: (Guy Benson) I dissected Obama's "worst speech yet" back in April (he hasn't topped it since, though he's come close), so why not write the uplifting companion piece? Romney does most of the heavy lifting for me, taking a rhetorical battering ram to the president's insulting and demeaning "you didn't build that" remarks in Virginia over the weekend. The presumptive Republican nominee hit the trail in Irwin, Pennsylvania yesterday afternoon and just unloaded on his opponent, savaging the president's ubiquitous strawmen and mounting a spirited defense of merit, individual accomplishment and American entrepreneurship. Working from loose notes, Romney appeared to warm to his task, connecting with the gathered crowd in a way that he's struggled to pull off throughout much of the campaign. If yesterday's Mitt Romney continues to show up on the stump, he'll win:
Gary Edwards

What the hell just happened? 'Tyranny By Executive Order' | by Constitutional Attorney ... - 0 views

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    "What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama's signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought. Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it. Here are the sections of the Executive Order that he will use: "1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system." What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm. "2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system." This should be read in conjunction with section 16 of the order that says: "16. Clarify that the Affordable Care Act does not prohibit doctors
Paul Merrell

5 Big Banks Expected to Plead Guilty to Felony Charges, but Punishments May Be Tempered... - 0 views

  • The Justice Department is preparing to announce that Barclays, JPMorgan Chase, Citigroup and the Royal Bank of Scotland will collectively pay several billion dollars and plead guilty to criminal antitrust violations for rigging the price of foreign currencies, according to people briefed on the matter who spoke on the condition of anonymity. Most if not all of the pleas are expected to come from the banks’ holding companies, the people said — a first for Wall Street giants that until now have had only subsidiaries or their biggest banking units plead guilty.
  • The Justice Department is also preparing to resolve accusations of foreign currency misconduct at UBS. As part of that deal, prosecutors are taking the rare step of tearing up a 2012 nonprosecution agreement with the bank over the manipulation of benchmark interest rates, the people said, citing the bank’s foreign currency misconduct as a violation of the earlier agreement. UBS A.G., the banking unit that signed the 2012 nonprosecution agreement, is expected to plead guilty to the earlier charges and pay a fine that could be as high as $500 million rather than go to trial, the people said.
  • Holding companies, while appearing to be the most important entities at the banks, are in less jeopardy of suffering the consequences of guilty pleas. Some banks worried that a guilty plea by their biggest banking units, which hold licenses that enable them to operate branches and make loans, would be riskier, two of the people briefed on the matter said. The fear, they said, centered on whether state or federal regulators might revoke those licenses in response to the pleas. Advertisement Continue reading the main story Behind the scenes in Washington, the banks’ lawyers are also seeking assurances from federal regulators — including the Securities and Exchange Commission and the Labor Department — that the banks will not be barred from certain business practices after the guilty pleas, the people said. While the S.E.C.’s five commissioners have not yet voted on the requests for waivers, which would allow the banks to conduct business as usual despite being felons, the people briefed on the matter expected a majority of commissioners to grant them.In reality, those accommodations render the plea deals, at least in part, an exercise in stagecraft. And while banks might prefer a deferred-prosecution agreement that suspends charges in exchange for fines and other concessions — or a nonprosecution deal like the one that UBS is on the verge of losing — the reputational blow of being a felon does not spell disaster.
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  • The foreign exchange investigation, which centers on accusations that traders colluded to fix the price of major currencies, will test the Justice Department’s strategy for securing guilty pleas on Wall Street.
  • In the case of UBS, the bank will lose its nonprosecution agreement over interest rate manipulation, the people briefed on the matter said, a consequence of its misconduct in the foreign exchange case. It is unclear why that penalty will fall on UBS, but not on other banks suspected of manipulating both interest rates and currency prices.
  • the bank is expected to avoid pleading guilty in the foreign exchange case, the people said, though it will probably pay a fine. While UBS was unlikely to plead guilty to antitrust violations because it was the first to cooperate in the foreign exchange investigation, the bank was facing the possibility of pleading guilty to fraud charges related to the currency manipulation. The exact punishment is not yet final, the people added.The Justice Department negotiations coincide with the banks’ separate efforts to persuade the S.E.C. to issue waivers from automatic bans that occur when a company pleads guilty. If the waivers are not granted, a decision that the Justice Department does not control, the banks could face significant consequences.For example, some banks may be seeking waivers to a ban on overseeing mutual funds, one of the people said. They are also requesting waivers to ensure they do not lose their special status as “well-known seasoned issuers,” which allows them to fast-track securities offerings. For some of the banks, there is also a concern that they will lose their “safe harbor” status for making forward-looking statements in securities documents.
  • In turn, the S.E.C. asked the Justice Department to hold off on announcing the currency cases until the banks’ requests had been reviewed, one of the people said. As of Wednesday, it seemed probable that a majority of the S.E.C.’s commissioners would approve most of the waivers, which can be granted for a cause like the public good. Still, the agency’s two Democratic commissioners — Kara M. Stein and Luis A. Aguilar, who have denounced the S.E.C.’s use of waivers — might be more likely to balk.
  • Corporate prosecutions are a delicate matter, peppered with political and legal land mines. Senator Elizabeth Warren, Democrat of Massachusetts, and other liberal politicians have criticized prosecutors for treating Wall Street with kid gloves. Banks and their lawyers, however, complain about huge penalties and guilty pleas. Continue reading the main story Recent Comments AvangionQ 14 hours ago These are the sorts of crimes that take down nations, jail sentences should be mandatory. Lance Haley 14 hours ago I find this whole legal exercise not only irrational, but insulting. I am a criminal defense attorney. Punishing the shareholders and the... loomypop 14 hours ago There is much more than Irony in the reality of how America treats criminal action and punishment when the entire determination and outcome... See All Comments And lingering in the background is the case of Arthur Andersen, an accounting giant that imploded after being convicted in 2002 of criminal charges related to its work for Enron. After the firm’s collapse, and the later reversal of its conviction, prosecutors began to shift from indictments and guilty pleas to deferred-prosecution agreements. And in 2008, the Justice Department updated guidelines for prosecuting corporations, which have long included a requirement that prosecutors weigh collateral consequences like harm to shareholders and innocent employees.
  • “The collateral consequences consideration is designed to address the risk that a particular criminal charge might inflict disproportionate harm to shareholders, pension holders and employees who are not even alleged to be culpable or to have profited potentially from wrongdoing,” said Mark Filip, the Justice Department official who wrote the 2008 memo. “Arthur Andersen was ultimately never convicted of anything, but the mere act of indicting it destroyed one of the cornerstones of the Midwest’s economy.”
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    In related news, the Dept. of Justice announced that it would begin using its "collateral consequences" analysis to decisions whether to charge human beings with crimes, taking into account the hardships imposed on innocent family members and other dependents if a person were sentenced to prison.  No? Sounds like corporations have more rights than human beings, yes?
Paul Merrell

Venezuela's Opposition Calls Protests Against Recall Postponement, Appeals to Military ... - 0 views

  • Venezuela’s political opposition vowed Friday to stage renewed protests against the administration of President Nicolas Maduro, after the country’s electoral authority heeded a court order postponing the next phase of preparations for a presidential recall referendum.
  • On Thursday, state-level courts in Aragua, Bolivar, Carabobo, and Monagas issued injunctions halting the opposition’s collection of signatures from 20 percent of voters in each state, scheduled for October 26, 27, and 28. The court orders come in response to revelations of widespread fraud in the opposition’s prior collection of signatures from 1 percent of voters in each state as a condition to begin the recall process earlier this year. In addition to 307,747 signatures lacking essential identifying information, 53,658 signatures presented irregularities, including 10,995 deceased persons, 9,333 nonexistent persons, 3,003 minors, and 1,335 felons. State courts have warned that the 1 percent of signatures collected in their states could be invalid due to the fraudulent signatures, preventing the opposition from going ahead with the next stage on a national level.
  • In 2014, Popular Will leader Leopoldo Lopez led months of violent anti-government protests, demanding the ouster of President Maduro. Over 40 people were killed, the majority of whom  government supporters, state security forces, and innocent bystanders.
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  • Meanwhile, Venezuela’s Supreme Court has upheld the regional court decisions, prompting the CNE to likewise suspend next week’s collection drive on Thursday. The move could mean the MUD will have to restart the entire process in the four states where fraud allegations surface. Such an outcome would be a major setback for the MUD, which has been aiming to organise the referendum before the end of the year. This goal has long been dismissed as unrealistic by the CNE, which announced last month that the plebiscite could be held no sooner than April. The ultimate timing of the referendum is critical for the opposition. If Maduro loses a vote before January 10, snap elections will be held, and the socialists would face the prospect of losing the office of president for the first time in 14 years. The last time the right-wing took power was during a short lived, US backed coup in 2002. However, if the referendum takes place after January 10, Maduro will simply be replaced by his vice-president until regular elections are held in 2018.
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    The U.S.-backed efforts to unseat the leftist government in Venezuela continues via propaganda, opposition-created shortages of living essentials, and the electorate, after 3 violent coup attempts failed.
Paul Merrell

Court to rule on cellphone privacy : SCOTUSblog - 0 views

  • Moving into another conflict between technology and privacy, the Supreme Court agreed on Friday afternoon to rule on police authority to search the contents of a cellphone they take from an individual they have arrested.  The Court accepted for review a state case and a federal case, involving differing versions of hand-held telephone capacity.
  • Both of the new cases on cellphone privacy involve the authority of police, who do not have a search warrant, to examine the data that is stored on a cellphone taken from a suspect at the time of arrest.  The two cases span the advance in technology of cellphones:  the government case, Wurie, involves the kind of device that is now considered old-fashioned — the simple flip phone.  The Riley case involves the more sophisticated type of device, which functions literally as a hand-held computer, capable of containing a great deal more personal information. The state case involves a San Diego man, David Leon Riley, convicted of shooting at an occupied vehicle, attempted murder, and assault with a semi-automatic weapon.  Riley was not arrested at the time of the shooting incident in August 2009; instead, he was arrested later, after he was stopped for driving with expired license plates.   Police seized the cellphone he was carrying at the time of his arrest, and twice examined its contents, without a warrant. The data turned up evidence identifying him as a gang member out to kill members of a rival gang.  Other contents included a photo of him with a red car seen at the shooting site.  Police were then able to trace calls, leading to a trail of evidence pointing to Riley as a participant in the shooting.  No one positively identified him, but the data from the cellphone search was put before the jury, which convicted him of all three counts.  He has been sentenced to fifteen years to life in prison.
  • Riley’s petition had posed a general question about whether the Fourth Amendment allowed police without a warrant to search “the digital contents of an individual’s cellphone seized from the person at the time of arrest.”  In granting review, the Court said it would only rule on this issue: “Whether evidence admitted at [his] trial was obtained in a search of [his] cellphone that violated [his] Fourth Amendment rights.” The government case involves a South Boston man, Brima Wurie.  In 2007, a police officer saw him make an apparent drug sale out of his car.  The officer confronted the buyer, turning up two bags of crack cocaine. He partially identified his drug source. Officers followed Wurie from the scene, and arrested him.  He was then taken to a police station, where the officers retrieved two cellphones.   One of the phones was receiving repeated calls from a number identified as Wurie’s home.  The officers checked the phone’s call log.  They traced him to his house.  The officers deemed the fact that he had cellphones with him as an indication that he carried out drug dealing with the use of such a device. He was convicted of being a felon who had a gun and ammunition, distributing crack cocaine, and possessing the crack with intent to distribute it  He sought to block the use of the evidence taken from his cellphone, but that failed.  He was convicted on all charges, and has been sentenced to 262 months in prison.
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  • Although the two cases raise the same constitutional issue, the Court did not consolidate them for review, so presumably there will be separate briefing and argument on each.  They probably would be argued one after the other, however.  The Court did not expedite the briefing schedule, but they still are expected to be heard in April.
Paul Merrell

Glenn Greenwald: The NSA Can "Literally Watch Every Keystroke You Make" - 0 views

  • On Sunday, the German publication Der Spiegel revealed new details about secretive hacking—a secretive hacking unit inside the NSA called the Office of Tailored Access Operations, or TAO. The unit was created in 1997 to hack into global communications traffic. Still with us, Jameel Jaffer, deputy legal director of the ACLU, director of the ACLU’s Center for Democracy, and Glenn Greenwald, the journalist who first broke the story about Edward Snowden. Glenn, can you just talk about the revelations in Der Spiegel?
  • And one of the ways that they’re doing it is that they intercept products in transit, such as if you order a laptop or other forms of Internet routers or servers and the like, they intercept it in transit, open the box, implant the malware, factory-seal it and then send it back to the user. They also exploit weaknesses in Google and YouTube and Yahoo and other services, as well, in order to implant these devices. It’s unclear to what extent, if at all, the companies even know about it, let alone cooperate in it. But what is clear is that they’ve been able to compromise the physical machines themselves, so that it makes no difference what precautions you take in terms of safeguarding the sanctity of your online activity.
  • But we’ve actually been working, ourselves, on certain stories that should be published soon regarding similar interdiction efforts. And one of the things that I think is so amazing about this, Amy, is that the U.S. government has spent the last three or four years shrilly, vehemently warning the world that Chinese technology companies are unsafe to purchase products from, because they claim the Chinese government interdicts these products and installs surveillance, backdoors and other forms of malware onto the machinery so that when you get them, immediately your privacy is compromised. And they’ve actually driven Chinese firms out of the U.S. market and elsewhere with these kinds of accusations. Congress has convened committees to issue reports making these kind of accusations about Chinese companies. And yet, at the same time, the NSA is doing exactly that which they accuse these Chinese companies of doing. And there’s a real question, which is: Are these warnings designed to steer people away from purchasing Chinese products into the arms of the American industry so that the NSA’s ability to implant these devices becomes even greater, since now everybody is buying American products out of fear that they can no longer buy Chinese products because this will happen to them?
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  • And the final thing I want to say is, you know, all this talk about amnesty for Edward Snowden, and it’s so important that the rule of law be applied to him, it’s really quite amazing. Here’s Michael Hayden. He oversaw the illegal warrantless eavesdropping program implemented under the Bush administration. He oversaw torture and rendition as the head of the CIA. James Clapper lied to the face of Congress. These are felonies at least as bad, and I would say much worse, than anything Edward Snowden is accused of doing, and yet they’re not prosecuted. They’re free to appear on television programs. The United States government in Washington constantly gives amnesty to its highest officials, even when they commit the most egregious crimes. And yet the idea of amnesty for a whistleblower is considered radical and extreme. And that’s why a hardened felon like Michael Hayden is free to walk around on the street and is treated on American media outlets as though he’s some learned, wisdom-drenched elder statesman, rather than what he is, which is a chronic criminal.
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    Greenwald asks a very good question about the U.S. government accusing the Chinese government of cyber-espionage and the government's finding that Chinese-manufactured ware pose a security risk. Was that intended to drive people to purchase hardware that comes equipped with NSA backdoors? The flip side, of course, is whether the world should be beating feet to purchase their hardware from the Chinese in order to escape the NSA backdoors. Then there is the question of how those backdoors might have made their way into the hardware devices without the acquiescence of their manufacturers, who surely would have realized that their businesses might take enormous financial hits if knowledge of the backdoors became public? Bribing key staff? The manufacturers named in the Der Spiegel article surely are going to face some hard questions and they may face some very unhappy shareholders if their stock prices take a dive. It would be fun to see a shareholder's derivative class action against one of these companies for having acquiesced to NSA implantation of backdoors, leading to the disclosure and the fall in stock price. Caption the case as Wall Street, Inc. v. National Security Agency, dba Seagate Technology, PLC, then watch the feathers and blood fly.  "Seagate is the company the world trusts to store our lives - our files and photos, our libraries and histories, our science and progress."   Yes, and your stockholders trusted you not to endanger their investment by adding NSA backdoors in your products.
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