Blacknell.net

Politics, open government, and safe streets. And the constant incursion of cycling.

Category: Law Page 15 of 27

If the Taiwanese Can Do It . . .

By

On November 11, 2008

In Law, Politics, Society

Yesterday, in Taiwan:

Former Taiwanese President Chen Shui-bian was led away in handcuffs Tuesday after investigators questioned him for more than five hours in connection with a lengthy money laundering probe.

This post over at Booman Tribune – Treat DC as a Crime Scene – has been linked a lot, mostly in bitter amusement.  But I’d take its prescriptions as an entirely reasonable start.  Some might read this and think that I’m overreacting, or that perhaps we’d be better off with more magnanimity in victory.  No.  There is no shortage of reasonable suspicion pointing to real and actual crimes by this Administration (up to and including the President).  Further, what we’d be better off with – both now and in the future – is a clear demonstration that we are a nation ruled by laws, not men.  Fear of prosecution for breaking the law should be universal – whether you’re a member of the Bush Administration, the Obama Administration, or any future administration.

Holding Obama to His Word

By

On November 10, 2008

In Law, Policy, Politics

Looks like the ACLU is on the job, planning to run a full page ad in the New York Times reminding everyone of Obama’s promise to shut down the Guantanamo Bay prision system.  There are years upon years of damage inflicted by the Bush Administration that an Obama Administration will have to carefully unravel.  Much of that will take time and care to ensure that good work isn’t destroyed, and other parts will take money that simply doesn’t exist right now.  Shutting down Guantanamo, however, is rather simple and should occur almost immediately.  There will be no shortage of politicians who will urge Obama to keep it open, and will find excuses to delay the shutdown.   It’s good to see the ACLU step out in front with a reminder of a promise that Obama can make good on right away.

Prop 8

By

On November 5, 2008

In Law, Personal, Society

The less I say about it right now, the better.  It’s a bitter edge on a day of great joy.  Not everything is counted, there will be various legal challenges, but it doesn’t at all look good.  This is one of many things we need to address in an America that just expressed a renewed committment to decency, and it should be right there near the top of the list of priorities.

Friday Notes: Clock Watching Edition

By

On October 31, 2008

In Cycling, DC, Distribution, Law, Politics

Busy week, and it’ll only get busier between now and Election Day.  At the moment, however, I’m killing some time at home until the lines for in-person absentee voting (hopefully) shrink.  Just popped over there during lunch, and the line was about two hours long.  I did what every pollwatcher fears – I left (as they don’t think you’ll come back (and most don’t)).  But I figure I’ll get some work done here and then head back in a bit, bringing some reading to catch up on (no phones allowed).  Could be worse – I could be in those 5-8 hour lines down in Georgia.

~

Despite my generally writing him off as someone whose judgment I respect over the Iraq war, I’ve been reading Andrew Sullivan on a regular basis, these days.  His struggle with reconciling his conservative principles with the Republican party has been honest and public.   He says:

I face the dilemma every time I go to a college campus and speak about conservatism. When you use the c-word among the next generation, they no longer associate it with small government, individual freedom, humble faith, balanced budgets, respect for tradition or a strong but prudent foreign policy. They think of religious fanaticism, big spending, massive debt, and social intolerance. When I give my stump speech in defense of the conservatism I lay out in my book, there is considerable interest, but it sounds nothing like the current GOP. I come close to washing my hands of the word as Randolph is.

But remember: we had this word first. We can and must reclaim it.

I’ve got some sympathy for him, but something tells me he’s going to be about as successful in doing that as Jay Randal was in his mission to take back another word, in Clerks II (warning, that link leads to something that is almost certain to offend).

~

Dallas Mavericks owner and gazillionaire Mark Cuban may be a dick, but he sure is an admirably public-minded one:

Transparency is key to the success of the Bailout and related loans and investments the government makes with our tax dollars. Without complete transparency, we will get from our government what we always get when it comes to finances, confusion. To do my part, I’ve worked with the folks at Sharesleuth.com to create Bailoutsleuth.com

Its job is simple, keep an eye on our taxpayer dollars and call Bullshit when necessary.

if you take a trip over to Bailoutsleuth you can see that its already time to call BS. In the first contract handed out, in this case to Bank of NY Mellon Corp, the compensation section is blacked out.

Sad. So very sad, that we couldnt make it a week without being afraid of the very taxpayers who are footing the tab for all of this.

Bailoutsleuth will try to publish every day in keeping up with how our taxdollars are spent and the people and companies that are impacted by this program. We are still a work in progress and look forward to your comments , feedback and tips.

He’s got a solid track record in this business, too (see Sharesleuth.com).

~

The chance that any DC bike messengers read Blacknell.net is something close to nil, I think, but I’m pretty sure I’ve got a number of messenger-sympathizers (like terrorist-sympathizers, but different).  So in case you’re interested, maybe come check out the Obamallycat tomorrow.  Folks won’t only be racing for victory and beer, but also this sweet prize.  I’ll be there.

~

How do you talk about the word “Fuck” without saying “Fuck”?   Similarly, can one broadcast a Supreme Court case about broadcasting the word “Fuck” without broadcasting the word “Fuck”?  Fuck if I know.

~

Update: An excellent Halloween tip.  And on that note, since my profanity has probably triggered the corporate firewalls and linking to terribly offensive movie clips has already filtered out the folks who would most object, here’s a Sarah Palin song for you:

[youtube]http://www.youtube.com/watch?v=evafgvrMci8[/youtube]

Mr. “Oh, I run a *family* blog” made me do it.

VA State Board of Elections Wants Citizens Prosecuted for *What*?!

By

On October 29, 2008

In Law, Politics, Virginia

This is beyond ridiculous:

Now, if someone comes to vote while wearing, say, an Obama–Biden button, here’s what the SBE wants the election officials to do:

1.  As the person to remove or cover up the button.
2.  If the voter questions the authority for such a request, direct them to the “Prohibited Area Sign/Poster.”
3.  If the person refuses, to remove or cover up the button, let them vote, and then “complete an incident report,” which “should be forwarded to the locality’s Commonwealth’s Attorney by the local electoral board and general registrar” for prosecution for a misdemeanor.

So — you can wear your button when you vote, but then they’ll arrest you days, weeks or months later?

Read the whole thing.  I’d prefer to get a hold of a copy of the guidance the author is relaying, but the author is trustworthy.

Refusing Searches on the DC Metro

By

On October 29, 2008

In DC, Law, Policy, Virginia

The Flex Your Rights Foundation has put together a handy guide to how to refuse the ridiculous searches that Metro recently announced.

(Even if you’re not in DC, check out the site in general.  I heartily approve of their mission.)

NAACP Lawsuit Over Virginia Elections: Merits?

By

On October 28, 2008

In Law, Politics, Virginia

The NAACP has sued Virginia in Federal court, claiming:

that the state is violating the U.S. and Virginia constitutions by not allocating enough voting machines, poll workers and polling places — particularly in precincts with high minority populations [i.e., Richmond, Norfolk, and Virginia Beach] — which could result in long lines and lost votes.

As a result, it reportedly wants the court to direct Virginia:

to move voting machines to precincts most likely to have long waiting lines; keep polls open for an extra two hours; and use paper ballots in some cases.

You can read a copy of the complaint here.  The crux of the argument appears to be that Virginia has failed to ramp up election day resources to sufficiently match the massive increase in voter turnout (the complaint notes that turnout for this year’s Democratic primary in Virginia was 146% higher than 2004). Further, the complaint notes some significant disparities in the voter:voting machine ratios across a number of Virginia jurisdictions.  From the complaint:

Under the current plan for Norfolk, some precincts have a voters-to-machine ratio of 196 to 1, while others have voters-to-machine ratios of 496 to 1, and voters-to-poll worker ratios range from 73 to 1 to 283 to 1.

I don’t think it’s necessary to have perfectly consistent ratios, as it’s reasonable to allocate machines to improve the ratio in historically high-turnout precincts.  However, these appear to be some fairly significant gaps, and the complaint certainly documents the problems with long lines resulting in discouraged voters in these same areas in 2004. And the state has reacted to those 2004 problems.  From the Washington Post:

In a lengthy statement released late Monday night, the State Board of Elections maintained that all localities are complying with the minimum number of voting machines and voting booths in each precinct as required by state code. Since 2004, the number of voting machines, polling places and workers has increased, according to the statement. For example, the number of voting machines has increased from about 5,700 in 2004 to about 10,600 in 2008.

The question, then, is whether Virginia’s done enough to prepare for 2008.  And honestly, I have no idea.  The numbers of new voter registrations in Virginia are certainly huge, and every bit of experience I’ve had indicates that actual turnout will match those numbers.  The unknown, for me, is what local registrars have done.  In Northern VA, you can hear elections officials encourage in-person absentee voting in order to avoid the crush of voters they expect.  This is something I’ve never heard from local officials before, and it  indicates to me that they’re worried about capacity to handle turnout.  Then the very same officials will turn around and say that they’ve got everything covered for election day.

Given Virginia’s history of going with the bare minimums (often only when forced to), I can’t say that I’ll be surprised if the alleged harms in the NAACP complaint come to pass next Tuesday.

Will Wonders Never Cease? Sen. Ted Stevens Convicted

By

On October 27, 2008

In DC, Law, Politics

Despite the fact that a blind man could see Stevens’ guilt, I was pretty sure he’d end up with a hung jury.  So very glad to be wrong.

DC Metro Decides It Just Might Search You

By

On October 27, 2008

In DC, Law, Society

In today’s Washington Post:

Metro officials announced today that they will begin randomly inspecting backpacks, gym bags and any other containers that riders carry with them onto the bus and rail system, in an effort to deter possible terrorist attacks.

Why?

Officials said Metro’s program — announced a at morning news conference — was not begun in response to any specific terrorist threat, but was prompted by continuing concerns about transit security and the upcoming election and inauguration of a new president.

How?

In the searches, transit police will choose a random number ahead of time, such as 17. Then they will ask every 17th rider step aside and have his or her bags searched before boarding a bus or entering a rail station.

Sheer idiocy.  Let Metro know what you think.

The Financial Fraud Continues

By

On October 25, 2008

In Law, Policy, Politics

A few days ago, I pointed to a Washington Post story that noted bailout recipient banks were not using the government money to increase liquidity (the stated justification for the bailout), but to acquire other banks.  The New York Times advances the story:

In point of fact, the dirty little secret of the banking industry is that it has no intention of using the money to make new loans. But this [J.P. Morgan] executive was the first insider who’s been indiscreet enough to say it within earshot of a journalist.

(He didn’t mean to, of course, but I obtained the call-in number and listened to a recording.)

“Twenty-five billion dollars is obviously going to help the folks who are struggling more than Chase,” he began. “What we do think it will help us do is perhaps be a little bit more active on the acquisition side or opportunistic side for some banks who are still struggling. And I would not assume that we are done on the acquisition side just because of the Washington Mutual and Bear Stearns mergers. I think there are going to be some great opportunities for us to grow in this environment, and I think we have an opportunity to use that $25 billion in that way and obviously depending on whether recession turns into depression or what happens in the future, you know, we have that as a backstop.”

Read that answer as many times as you want — you are not going to find a single word in there about making loans to help the American economy.

So, let’s see, where have we seen this happen before?  You know, where the American public is rushed in to commit enormous resources to protect the common good, only to find out that the effort is mostly benefitting the already strong?  Hmmm:

It is starting to appear as if one of Treasury’s key rationales for the recapitalization program — namely, that it will cause banks to start lending again — is a fig leaf, Treasury’s version of the weapons of mass destruction.

Gosh.  I’m shocked.  I don’t doubt that there was/is an enormous problem requiring an enormous solution.  What I was 99% sure of before the bailout, and 100% sure of now, is that no one should ever have taken the “trust us” requests of the bailout proponents seriously:

There are lots of reasons the markets remain unstable — fears of a global recession, companies offering poor profit projections for the rest of the year, and the continuing uncertainties brought on by the credit crisis. But another reason, I now believe, is that investors no longer trust Treasury. First it says it has to have $700 billion to buy back toxic mortgage-backed securities. Then, as Mr. Paulson divulged to The Times this week, it turns out that even before the bill passed the House, he told his staff to start drawing up a plan for capital injections. Fearing Congress’s reaction, he didn’t tell the Hill about his change of heart.

Now, he’s shifted gears again, and is directing Treasury to use the money to force bank acquisitions. Sneaking in the tax break isn’t exactly confidence-inspiring, either.

There’s that theme again – a constantly shifting rationale covering up what seems to be a pretty straightforward underlying plan.  We can be sure Congress won’t let them get away with it this time, right?  There’s a quote near the end from Sen. Chris Dodd (D-CT) about how there will “be hell to pay” if the banks are hoarding the cash rather than using it for loads.  For some reason, I can’t quite bring myself to trust that, either.

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