Archive for December, 2008

Can the United States Senate refuse to seat Blagojevich’s appointment of Roland Burris??

Governor Rod Blagojevich’s bucked the system and his democratic colleagues yesterday when he appointed former Attorney General of Illinois, Roland Burris to fill Senator Barack Obama’s senate seat.  Senate democrats have said that they will block the appointment based on the alleged nefarious actions of  Rod Blogejevich in connection with the aforementioned senate seat.  When the 30-day expiration of the complaint to move to indictment expires next week, Blagojevich becomes an indicted governor.  Then the story becomes Blagojevich the indicted governor has appointed Burris which may raise additional legal implications about the appointment. [Update] Fitzgerald has requested a 90-day extension to issue the indictment in order to review new evidence and question additional witnesses that have come forward since the complaint was filed in early December.  In addition, impeachment proceedings have begun and the Illinois Secretary of State has said ”I will not certify Blagojevich’s senate seat appointment.” Finally, Majority Leader Harry Reid has the ability to at least delay the seating of Burris and possibly wait out the Governor until the legal ramifications of his actions are resolved. 

The last time the House refused to seat an elected congressman, Rep. Adam Clayton Powell, Jr. of New York, the case took almost three years to be settled in court.  The last time the Senate refused to seat an elected senator was in 1947 when a Republican controlled Senate refused to seat Theodore Bilbo of Mississippi after Bilbo began openly inciting violence against blacks who wanted to vote.   The irony.  Bilbo died of cancer before the case could be resolved.  Many democrats are not necessarily in favor of the Burris appointment because they do not believe that the former Attorney General can win in 2010.  Burris has run for governor three times and lost three times therefore it is feared that the Illinois senate seat could be in jeopardy should Burris be seated. 

Senate Majority Leader Harry Reid and Dick Durbin released the following statement  regarding the appointment “[a]nyone appointed by Gov. Blagojevich cannot be an effective representative of the people of Illinois and, as we have said, will not be seated by the Democratic Caucus.” Reid appears to be relying on Article I, Section 5 of the U.S. Constitution to support his position.  The aforementioned section states that each house of Congress shall judge the qualifications of its members.

Roland Burris made political contributions totaling about $14,000 over several years to Governor Blagojevich.

Canada steps in and gives Detroit $3 billion in bailout loans

According to the Associate Press, Canada will provide the Big Three with $4 billion Canadian dollars ($3.29 American dollars) in emergency loans.  See full story below.

 TORONTO (AP) — The federal and Ontario governments will provide the Canadian subsidiaries of the Detroit Three automakers with 4 billion Canadian dollars ($3.29 billion) in emergency loans, the prime minister said Saturday.

The announcement follows a pledge Friday by U.S. President George W. Bush to offer $17.4 billion in emergency loans to General Motors Corp. and Chrysler LLC.

Prime Minister Stephen Harper said Canada’s bailout plan, the equivalent of 20 percent of the U.S. aid package, will help keep the plants afloat while the automakers restructure their businesses to retain one the country’s most important economic sectors.

“We cannot afford, in the United States or Canada, the catastrophic short-term collapse of the Big Three automakers. The U.S. has signaled that they are not going to allow these companies to fail, and we will do our share of the North American package to see that this doesn’t happen either,” said Harper speaking at a news conference in Toronto.

Canada’s automotive industry represents 14 percent of the country’s manufacturing output, 23 percent of manufactured exports, and directly employs more than 150,000 Canadians. The country’s largest industry within the manufacturing sector, it has been suffering from its slowest sales in 26 years and dwindling operating cash.

Ontario has agreed to provide 1.3 billion Canadian dollars ($1.07 billion) of the total since the province alone employs about 400,000 auto sector workers – both directly and indirectly – and the industry is the mainstay of about 12 Ontario communities.

“In Ontario, we’ve got thousands of people and their families who rely on the auto industry to be on firm ground, so they can put food on the table and keep a roof over their heads. … No state or province employs more workers, and we’re not going to give that up,” said Premier Dalton McGuinty, speaking alongside Harper Saturday.

The Canadian plan will provide General Motors Canada with loans of up to 3 billion Canadian dollars ($2.47 billion) and Chrysler Canada will receive up to 1 billion Canadian dollars ($823 million). The companies will get the money in three installments, with the first portion coming Dec. 29.

“The support announced today sends a significant signal of stability in the face of the economic and credit challenges faced by Canada’s auto sector,” said Arturo Elias, president of GM Canada.

Chrysler Canada said the funds will ensure it has enough money to continue its restructuring, and thanked the governments for their understanding of the situation and their swift reaction.

Ford Motor Company Canada did not ask for any emergency loans, just a line of credit to draw upon if required. Its parent company in the U.S. says it doesn’t need any government cash now but would be badly damaged if one or both of the other U.S. automakers went under.

Harper and McGuinty stressed that the government will not be handing over blank checks, saying that all stakeholders will be expected to make adjustments to reduce structural costs.

“Canadian taxpayers expect their money will be used to restructure and renew the automotive industry in this country,” said Harper. “They expect all stakeholders to come to the table and work together towards sustainable long-term solutions to maintain our current production share of the North American market.”

Harper’s statement was applauded by Canadian Auto Workers President Ken Lewenza, who said the union was willing to work with the automakers to protect jobs.

“This will ensure that the Canadian industry is protected and the numerous investments governments have made over the years will continue to benefit our communities. This is a very sound decision on the part of both governments,” said Lewenza, who has been lobbying the government to develop an aid package as soon as possible.

Harper also announced two additional steps the federal government will take to support the overall competitiveness of the auto industry. Automotive suppliers will have greater access to accounts receivable insurance through Export Development Canada to compensate for the reduced availability of credit. A new facility will also be created to support access to credit for consumers to improve the accessibility of car loans and dealer financing.

Ford Canada said in a statement Saturday that it welcomes the government’s plan to support the auto credit market because “Canadian consumers deserve access to affordable loans and leases when shopping for a new vehicle.”

Similar to the U.S. auto bailout package, the Canadian aid package comes with strings attached, including a request that parts suppliers get the money they are owed, that borrowers accept limits on executive compensation, and that they provide the government with warrants for nonvoting stock.

McGuinty warned that the money will only be delivered after auto companies agree to meet conditions set by the federal and Ontario governments.

“Those conditions include limits on executive compensations. The loans will only stay in place beyond March 31, 2009 if our governments are satisfied there are solid restructuring plans in place and under way,” said McGuinty.

The Bush legacy

In a poll released by Pew today, respondents were asked to describe George W. Bush in a word.  Fifty six percent said  “incompetent.”  Nuff said. 

See full survey here

Robbing Peter to pay Paul…..Bernie Madoff and the inbred relationship between industry and regulators

Bernard Madoff, former chairman of NASDAQ, was arrested last week on charges of securities fraud.  Madoff made off with billions of unwitting investors money.  Basically, Madoff was running a giant Ponzi scheme where he cheated investors out of 50 billion dollars.  By the way, he was only caught because of the flailing stock market and not due to any due diligence of the Securities and Exchange Administration.  

 

Many speculate that Madoff, contrary to his proclamations, could not have pulled off this multi billion dollar fraud without help from someone.  We tend to agree.  In addition, fraud allegations against Madoff went back years with the SEC asleep at the switch.  The SEC admitted that it failed to investigate allegations going back as far as 1999.  As a side note:  Madoff’s niece is married to former SEC attorney, Eric Swanson, who had examined Madoff’s business for years. Under SEC rules, employees are prohibited from working on cases in which they have a personal interest.  Though Madoff’s niece and Swanson were not married during Swanson’s time at the SEC, the two were dating and married soon after Swanson left the agency.  The SEC Chairman, Christopher Cox, says that Swanson never worked on any of the serious cases involving Madoff.   Why am I inclined to distrust this statement?  Cox has launched an Inspector General investigation of the SEC staff.  Who did Cox tap as the Inspector General for the investigation, Inspector General Michael Mukasey.  However, Mr. Mukasey has since recused himself from the investigation because his son, Marc Mukasey is representing Frank DiPascali, a top financial officer at Madoff’s firm.  Michael Mukasey has not said when he became aware of the Madoff situation.  Madoffs additional ties to Washington:  Mr. Madoff hired a lobbying firm to work on pushing for the 700 million dollar bailout as early as September before it was a public knowledge. Madoff was also very close to regulators and policy makers and ironically was a regular participant in discussions on how to end fraud in the markets.  One wonders if Chairman Cox will also be included in the Attorney General probe.  The closeness of the regulatory agency to the industry is disturbing and illuminates the growing concern amongst many industry experts and the American people that regulators and industry are way too close.   Congress plans to conduct an independent investigation of its own.

Madoff’s Model:

Investors 1,2,3  give Madoff money. Madoff then recruits investors 4,5,6,  Madoff then gives their money to investors 1,2,3 and tell them that the great return is due to his successful investment strategy.  And so n, and so on, and so on.

 

Red Flags in Madoff case:

  • Complaints sent to the SEC

  • Newspaper and chat room questions asking how is he doing this

  • No paperwork substantiating claim of regular inspection by SEC of brokerage firm

  • Investment returns unrealistic

  • No independent Chief Financial officer

  • No independent clearing opreration verifying that trade tickets were real

  • Madoff investors were suspicious

  • Madoff audited by a tiny obscure firm in New York operating out of a storefront

  • Claim to be technologically advanced when he was using snail mail to transmit records.

Madoff consistently delivered strong results.  People begged to invest their money with him. Many of these people were people investing their life savings of one to five million dollars with Madoff.   Now they have nothing.   Madoff distributed the remaining two to three hundred million of the $50 billion to family and friends who had invested with him before admitting to his wrongdoing.  I see lawsuits.  Defendant Madoff returned to his $7 million dollar Manhattan apartment yesterday after being released on bail.  The former NASDAQ Chairman is under house arrest and is wearing an electronic ankle bracelet

 

Good News:

 

President-elect Obama will nominate the first female SEC Chairman in history, Mary Schapiro.  Schapiro served as a Commissioner of the SEC under Reagan in 1988 and was reappointed by Bush 42 in 1989.  She then serve as acting SEC Chairman in the Clinton Administration and then appointed as chairwoman of the Commodities Futures Trading Commission in 1994.   Schapiro is currently the CEO of the Financial Industry Regulatory Authority.

Jesse Jackson Jr,……informant to the feds??

According to the Associated Press, Jesse Jackson Jr. has been sharing information with the feds since 2002.  However, the questions not asked is why, if Jackson Jr. knew that Blagojevich was corrupt due to prior interactions with him, would he think and say after his last meeting with the governor that he thought that he was a strong contender for the senate seat based purely on seniority, reputation, and accomplishments and that he believed at the time that he was being considered as part of an above board and fair process?  Further, the AP says that Jesse Jackson Jr. “has shared information with the [feds] about public corruption during the past several years.”  However, other sources report that Jackson Jr. did not share information with federal prosecutors about the present Blago corruption case.  In addition and with respect to Jackson Jr. being an “informant,” the Illinois congressman did not share information with the feds about a Blago incident involving his wife, where Blago said that he didn’t give Jackson Jr’s wife a position because JJJr did not give him a $25,000 campaign donation until three years after the incident occurred.  Why so long?  Not sure why the main stream media is being misleading regarding this issue.  From some news reports, viewers and readers would get the impression that Jackson Jr. was part of some sting operation with the feds to bring Blagojevich down when that is a thousand miles away from being accurate.  There are quite a few unanswered questions here.  See AP story below.

Shortly after his 2002 election, Gov. Rod Blagojevich told Rep. Jesse Jackson Jr. he didn’t appoint the congressman’s wife as lottery director because he had refused him a $25,000 campaign donation, a person familiar with the conversation told The Associated Press on Tuesday.

“Blagojevich went out of his way to say, ‘You know I was considering your wife for the lottery job and the $25,000 you didn’t give me? That’s why she’s not getting the job,’” the person said, speaking on condition of anonymity because of the ongoing federal investigation 

“He has shared information with federal prosecutors about public corruption during the past several years, including information about Blagojevich and others,” Edmonds said.

It’s Official, the Electoral College has Voted, Barack Obama has been officially elected the 44th President of the United States

For those of you who didn’t notice, the Electoral College met yesterday and cast their official votes for Barack Obama to be the 44th President of the United States.   Yes folks, 538 electors from all fifty states formally cast their votes yesterday to legally elect Barack Obama the next President of the United States.  A total of 131 million people cast their vote on November 4th, 2008 to make it the best turnout in a presidential election in this nation’s history.  On that night, Barack Obama won 365 electoral votes to John McCain’s 173.   Yesterday, all the electors cast their votes in accordance to the popular vote of their state.  Congress will tally the outcome of the Electoral College votes during a joint session scheduled to take place on Jan 6th.  See some of the human stories surrounding this historic event below.

 Tim Kaine, Virginia:

“This temple of Democracy shines very brightly today,” Kaine told a standing-room-only crowd attending what had always been a sparsely attended afterthought.

Virginia’s presidential electors have cast their 13 votes for Barack Obama as the nation’s first black president in what was the seat of Confederate power. Gov. Tim Kaine, a Democrat and close ally of Obama, noted the poignant and historic moment of Monday’s vote at the Capitol in Richmond.

Not only was the Capitol the venue for the Confederate Congress, it was where legislators plotted in the 1950s to thwart Supreme Court orders to desegregate Virginia’s public schools.

But it was also the site in 1990 of the inauguration of Doug Wilder, a grandson of slaves, as the nation’s first elected black governor.

Another story from Virginia:

RICHMOND, Va. (AP) — As 13 electors cast ballots Monday for the nation’s first black president in the Confederacy’s old Capitol, Henry Marsh emotionally recalled the smartest man he ever knew — a waiter, who couldn’t get a better job because of his race.
“He waited tables for 30 years, six days a week, 12 hours a day, from 12 noon to 12 midnight, and he supported his family,” Marsh, 75, a civil rights lawyer and state senator, said of his father as he fought back tears. “He suffered a lot. He went through a lot.”

In Florida,

state Sen. Frederica Wilson, 66, never thought she would see a black man elected president.

“White water fountains, colored water fountains. You couldn’t sit at the lunch counter, go to the bank or get a hamburger,” Wilson said after signing a document certifying that Obama got all 27 of her state’s electors.

“The pain will always be there, but I think there’s a realization that people have evolved,” she said.

In North Carolina,

61-year-old Janice Cole said Monday’s event was a joyous marker for black people to put old Dixie’s trouble past behind them.

“Sen. Obama reminds us that only in America could this story be possible,” Cole said.

In Maine,

In Augusta, Maine the moment was freighted with emotion for Jill Duson, the first black mayor of Portland and chairwoman of Maine’s four electors.

“Every time I think of it, I get a little misty eyed,” Duson said. “I am undone by the election of Barack Obama and what it says to me as a black American, and his victory in the whitest state.”

 Pennsylvania, Governor Rendell:

“In Pennsylvania, American democracy is in great shape,” Governor Rendell said. “Ninety-percent of eligible voters are registered and 68-percent of them cast a ballot in this election. That is one of the highest turn-outs of voters in Pennsylvania history.
“As you cast your vote for president, do so with hope, optimism and faith that we can set this country on course to revitalization that this country has not seen in decades and decades.”

As a pro football legend, Franco Harris signs his autograph countless thousands of times. But the signature he made as one of 21 Pennsylvania electors for Obama was the one the Pittsburgh Steelers great running back won’t ever forget.

“That was special,” the Pro Football Hall of Famer said. “This was the most valuable thing I’ve ever signed my name to.”

 Maryland

One of Maryland’s electors, former Rep. Michael Barnes, said he and his wife cried on Election Night last month when Obama delivered his victory speech in Chicago’s Grant Park.

“When I grew up in Montgomery County, what we are doing here today was unthinkable,” Barnes said. “Barack Obama, where I grew up in the 1960s, would not have been allowed in a movie theater in Montgomery County, Maryland, or in a bowling alley in Montgomery County, Maryland. There was not a decent restaurant where blacks and whites could dine together.

“So this was unthinkable. This was inconceivable.”

Another elector, Nathaniel Exum, who was active in the civil rights movement, said, “To go from King to Obama, it’s a wonderful feeling.” 
 

Connecticut

“I never thought this day would happen. The election is one thing, but it’s really official when they seal those ballots with wax and send them off,” said 81-year-old retired dentist Sedrick Rawlins.

Rawlins, of Manchester, said he had traveled to Selma, Ala., in 1965 to help Martin Luther King Jr. in a voting-rights movement for black Americans. He wept when Obama won the election in November and, on Monday, couldn’t stop smiling as Connecticut’s Democratic electors unanimously picked the Illinois Democrat for president.

“The election is one thing, but it’s really official when they seal those ballots with wax and send them off,” Rawlins said.

Progress.

Bush Gets a Shoe thrown at him while taking a victory lap in……Baghdad

What is he thinking? It’s shocking that Bush would go to Iraq with his GOP talking points thinking that he would be greeted as a liberator.  President George W. Bush also appears to have made history in this unprecedented election year.  Bush is the first President in history to have shoes thrown at him on foreign soil.  In Iraq, throwing a shoe at someone is a sign of contempt for the person.  The incident was followed by a declaration by Bush that “the war is not over.”  It really takes a special kind of arrogance to declare essentially to another sovereign nation, this war is not over until we say its over.  As an American, I find the Iraqi journalist actions deplorable and unseemly.  However, Iraqi’s have a different way of protesting than Americans do so the next time the President holds a press conference in a Muslim nation, perhaps secret service should make sure that all journalists remove their shoes before entering the press room.   The irony is that if the journalist would have done such a thing under a Saddam Hussein regime….well the journalist would have suffered unimaginable consequences.   See full story below.

BAGHDAD (AP) — His legacy forever linked to an unpopular war, President George W. Bush flew under intense security to Iraq on Sunday where he called the nearly six-year conflict hard but necessary to protect the United States and give Iraqis hope. “The war is not over,” he declared.

Bush was reminded of the intense opposition to his policies when a man threw two shoes at him — one after another — during a news conference with Iraq Prime Minister Nouri al-Maliki. Bush ducked both throws, and neither man was hit.

“This is a farewell kiss, you dog!” shouted the protester in Arabic, later identified as Muntadar al-Zeidi, a correspondent for Al-Baghdadia television, an Iraqi-owned station based in Cairo, Egypt.

“All I can report is a size 10,” Bush joked. See full story here.

Update:The Night the Detroit bill Died….Auto bailout deal Dies in Senate

After the bailout bill passed in the House by a significant margin there were high hopes by for the bill’s passage.  However, in a vote of 52-35, the automobile bailout deal died in the Senate last night.  GM and Chrysler were seeking a $14 billion dollar loan.  Ford is not seeking funds at this time.  The proponents of the bailout needed 60 senate votes for the bill to pass.  The White House was adamantly against using any of the $700 billion dollar TARP (Troubled Asset Rescue Plan) money to give to the automobile makers.  Looks like the White House will have to reverse itself and use part of the TARP money afterall because W doesn’t want to see the automobile industry fail on his watch.  The Democrats advocated the use of the TARP money to begin with but was immediately shut down by the White House.  One of Sen. Harry Reid final statements ”I dread looking at Wall Street tomorrow….it’s not going to be a pleasant sight.”   Japan’s Nikkei index and Hong Kong’s HANG SANG lost more than 5% overnight.

UPDATE:  Twenty minutes before the Wall Street rings its opening bell the White House signals that it would be willing to consider using the TARP money for the auto bailout.  No indication if many of the strings negotiated within Congress for the last couple of days will be part of a TARP package.  Lets hope that this news makes a difference to Wall Street.

A personal Inauguration invitation to the Tuskegee Airmen

tuskegee-airmen.jpg

The Tuskegee Airmen have been invited to the Inauguration of President-elect Barack Obama. For historical reference, the Tuskegee Airmen preceded Martin Luther King and Rosa Parks. These men began the Civil Rights Movement before it was a part of the American conscience. A bit more history below.

On 19 March 1941, the 99th Pursuit Squadron (Pursuit being the pre-World War II descriptive for “Fighter”) was activated at Chanute Field in Rantoul, Illinois. Over 250 enlisted men were trained at Chanute in aircraft ground support trades. This small number of enlisted men became the core of other black squadrons forming at Tuskegee and Maxwell Fields in Alabama.

In June 1941, the Tuskegee program officially began with formation of the 99th Fighter Squadron at the Tuskegee Institute, a highly regarded university founded by Booker T. Washington, through the work of Lewis Adams and George W. Campbell (Tuskegee, Alabama) in Tuskegee, Alabama.   The unit consisted of an entire service arm, including ground crew. After basic training at Motion Field, they were moved to the nearby Tuskegee Army Air Field about 16 km (10 miles) to the west for conversion training onto operational types. The Airmen were placed under the command of Captain Benjamin O. Davis, Jr., one of the few African American West Point graduates. His father Benjamin O. Davis, Sr. was the first black general in the U.S. Army.

An excerpt from the article and a couple of reactions from these trailblazers after hearing that they were invited to watch the first black man inaugurated as the 44th President of the United States: 

When the Tuskegee Airmen, the all-black force of elite pilots, emerged from combat in World War II, they faced as much discrimination as they had before the war. It was not until six decades later that their valor was recognized and they received the Congressional Gold Medal, the highest civilian honor Congress can give.

Now, the roughly 330 pilots and members of the ground crew who are left from about 16,000 who served are receiving another honor that has surpassed their dreams: They are being invited to watch the inauguration of Barack Obama as the country’s first black president.

“I didn’t believe I’d live long enough to see something like this,” said Lt. Col. Charles A. Lane Jr., 83, of Omaha, a retired Tuskegee fighter pilot who flew missions over Italy.

“The election of Barack Obama was like a culmination of a struggle that we were going through, wanting to be pilots,” said William M. Wheeler, 85, a retired Tuskegee combat fighter pilot who lives in Hempstead, N.Y. He tried to become a commercial pilot after the war but was offered a job cleaning planes instead.

In 2007, Senator Barack Obama acknowledged his debt to these brave men after they received the Congressional Gold Medal.   Then Sen. Barack Obama made the following statement: “My career in public service was made possible by the path heroes like the Tuskegee Airmen trail-blazed.”  See entire article here

 

 

Attorney barred in the District of Columbia and California currently looking for opportunities in the private and government sectors.  Specializes in ediscovery/litigation efficiency project management but can do straight litigation or litigation management.  Feel free to contact me with opportunities at progress@progresspolitics.com.

Breaking: UPDATE: Pres. Elect Obama on Blagojevich Situation (Press Conference)

President-elect just announced Tom Daschel as his Secretary of Health and Human Services and head of the new White House Office of Health Reform.  However, the main interest was the Pres.-elect’s response to Governor Rod A. Blagojevich arrest and developments. 

Obama initial statement on Blago situation: “I am as appalled and disappointed as  anyone and I have never spoken to the governor on this subject[senate seat]. I am confident that no representative of mine would have any part of any deals related to this seat.”   Obama also stated that he has asked his team to gather more facts as to who from his team has contacted the Governor’s office so that we can share them with the public over the next couple of days.

UPDATE: Questions included what kind of communications took place between Obama’s staff and Blagojevich;  was the Pres. elect or any of his staff contacted by the federal athorities;  when where they contacted; who from your team talked to Blagojevich.

Pres. elect said that we need to reclaim a tradition of politics for public service that is about people and their lives, instead of what’s in it for me.  Reiterated that Blago should resign.  Pres. elect Obama emphatically stated that he is certain that he “did not speak to the Governor about these issues [senate seat].”  He also emphatically stated that “no rep had anything to do with any dealmaking around my senate seat.”  Such an act ”would be a violation of everything that this campaign has been about.”   Pres. elect also said that he has not been contacted by the federal authorities, nor has he or any of his staff been interviewed by such atthorities. The President- elect also restated his committment to transparency in government and more specifically within his administration.

UPDATEx2:Breaking: Jesse Jackson Jr. is Senate Candidate 5

It is being reported and confirmed that Jesse Jackson Jr. is Senate Candidate number 5.  In addition to ABC News, NBC News has also just confirmed that Jesse Jackson Jr. is “Senate Candidate 5.”  Oh MY GOSH!!!  There goes his chances of being the replacement senator from Illinois.  All I can say is why on earth would you in any way associate yourself with this person who you know is under investigation if any of this is true.  Talk about political suicide.  The Feds also announced that Candidate 5 is not being charged with any wrongdoing.  UPDATE:  Jesse Jackson Jr. emphatically deny any wrongdoing and would accept the senate seat if it is offered to him.  Something curious, it is being reported that the feds claim that they do not have Senate Candidate 5 on tape at all even though the Blagojevich’s home and office was wired.  Further, Jesse Jackson Jr. confirms that he met with Blagojevich at Blagojevich’s office on Monday…..why don’t the feds have a tape of the meeting with Jackson Jr.?  In addition, Jackson Jr.’s lawyer said that the feds called Jackson Jr. to let him know that they would be making an arrest the next morning.  Again, why? Jackson Jr.’s lawyer also said that the feds warned Jackson Jr. in its phone call to the Illinois Congressman on Monday night that people might be asking him questions because of allegations in the complaint.  Yet Jackson Jr. denied on ABC news today that the feds had informed him that he was Senate Candidate 5.  Seems very odd.

See the ABC News confirmation below.

Chicago Congressman Jesse Jackson, Jr. (D-IL) is the anonymous “Senate Candidate #5″ whose emissaries Illinois Governor Rod Blagojevich reportedly claimed offered up to a million dollars to name him to the U.S. Senate, federal law enforcement sources tell ABC News.

According to the FBI affidavit in the case, Blagojevich “stated he might be able to cut a deal with Senate Candidate 5 that provided Rod Blagojevich” with something “tangible up front.”
Jackson Jr. said this morning he was contacted yesterday by federal prosecutors in Chicago who he said “asked me to come in and share with them my insights and thoughts about the selection process.”

Jackson Jr. said “I don’t know” when asked if he was Candidate #5, but said he was told “I am not a target of this investigation.”

Jackson Jr. said he agreed to talk with federal investigators “as quickly as possible” after he consults with a lawyer.

The Congressman, a son of the famed civil rights leader, denied that anyone had been authorized to make payments or promises to the Governor on his behalf.

“It is impossible for someone on my behalf to have a conversation that would suggest any type of quid pro quo or any payments or offers,” Jackson told ABC News. “An impossibility to an absolute certainty.”

“Senate Candidate No. 5″ played a key role in the governor’s efforts to obtain something of value in exchange for the Senate appointment, according to the FBI affidavit [...]

According to the affidavit, Blagojevich threatened to appoint Senate Candidate No. 5 if President-elect Obama refused to help get his wife on “paid corporate boards right now.”

“If they feel like they can do this and not f– give me anything then I’ll f– go [Senate Candidate 5].”

The FBI says that during an Oct. 31 conversation, Blagojevich described an approach from an associate of Senate Candidate 5: “We were approached ‘pay to play.’ That, you know, he’d raise me 500 grand. An emissary came. Then the other guy would raise a million, if I made him [Senate Candidate 5] a senator.”

See full story here

Former Senator Barack Obama’s Ethics indirectly lead to Blagojevich’s Downfall

Pres. Elect Obama again proves that he is what he says he is by injecting himself in local Chicago politics, at the height of his presidential campaign run,  to help get a bill passed that will go a long way towards cleaning up corruption in the Windy City political landscape.  After reading this article, one further wonders who is the infamous Senate Candidate Number 5 mentioned in the 76-page complaint filed yesterday.  Especially because it appears that Senate Candidate number 5 is likely to face criminal charges as well.   Hmmmm…..  See story below.  

In a sequence of events that neatly captures the contradictions of Barack Obama’s  rise through Illinois politics, a phone call he made three months ago to urge passage of a state ethics bill indirectly contributed to the downfall of a fellow Democrat he twice supported, Gov. Rod A Blagojevich

Mr. Obama placed the call to his political mentor, Emil Jones Jr., president of the Illinois Senate. Mr. Jones was a critic of the legislation, which sought to curb the influence of money in politics, as was Mr. Blagojevich, who had vetoed it. But after the call from Mr. Obama, the Senate overrode the veto, prompting the governor to press state contractors for campaign contributions before the law’s restrictions could take effect on Jan. 1, prosecutors say.

Tipped off to Mr. Blagojevich’s efforts, federal agents obtained wiretaps for his phones and eventually overheard what they say was scheming by the governor to profit from his appointment of a successor to the United States Senate seat being vacated by President-elect Obama. One official whose name has long been mentioned in Chicago political circles as a potential successor is Mr. Jones, a machine politician who was viewed as a roadblock to ethics reform but is friendly with Mr. Obama.

Beyond the irony of its outcome, Mr. Obama’s unusual decision to inject himself into a statewide issue during the height of his presidential campaign was a reminder that despite his historic ascendancy to the White House, he has never quite escaped the murky and insular world of Illinois politics. It is a world he has long navigated, to the consternation of his critics, by engaging in a kind of realpolitik, Chicago-style, which allowed him to draw strength from his relationships with important players without becoming compromised by their many weaknesses.

By the time Mr. Obama intervened on the ethics measure, his relationship with Mr. Blagojevich, always defined more by political proximity than by personal chemistry, had cooled as the governor became increasingly engulfed in legal troubles. There is nothing in the criminal complaint unsealed Tuesday to indicate that Mr. Obama knew anything about plans to seek money and favors in exchange for his Senate seat; he has never been implicated in any other “pay to play” cases that have emerged from the long-running investigation of the Blagojevich administration.

But like those previous cases, this latest one features political characters who figure in various stages of Mr. Obama’s climb from little-known state senator to presidential candidate, and who have since become politically radioactive because of corruption scandals. Some of those relationships posed a threat to Mr. Obama during the presidential campaign, forcing him to return tens of thousands of dollars in tainted campaign contributions and providing fodder for attack ads by rival candidates.  Continue reading story here.

Blago is returning to work today and according to his attorney has no plans to resign.  This writer’s guess is that he will try and work out a deal where he can escape jail time.  Blagojevich is still the Governor of Illinois with the sole power to make the senate appointment.  He has not been convicted of a crime nor has he been indicted, therefore there are not too many ways that the legislature can change that circumstance outside of passing a law stripping him of the power.  However, that is a process and cannot be done in a nanosecond.  Here’s why.  Any bill passed by the General Assembly that requires a special election has to be signed or vetoed by…..wait for it…..the Governor.  The Governor has 60 days to sit on the bill before he makes a decision.  Impeachment may not be possible because it does not appear on the surface that there are grounds (yet) because there is no indictment or conviction.  As evidenced by the charges against Blagojevich, he is a person that recognizes when he has leverage and will no doubt attempt to leverage the senate seat appointment and his resignation for no jail time.  Looks like he may be able to sell that senate seat after all, unless he decides to take it for himself.  Seriously, a fiction writer could not write this stuff.  Truly incredible.

UPDATE x3: Breaking: Gov. Rod Blagojevich of Illinois Taken into custody by Feds!!! Charges related to bribery and corruption surrounding Obama Senate seat replacement. Pres. elect Obama comments

According to the Chicago Tribune, Gov. Blagojevich and his Chief of Staff, John Harris, was taken into custody in connection with pending choice to replace Sen. Barack Obama’s senate seat.  The feds allege that the Governor was soliciting bribes in return for Sen. Barack Obama’s senate seat.  So he tried to sell former senator Barack Obama’s senate seat, the most highly profiled former senator and President-elect in history, and then talked about it with seemingly everyone he knew including his Chief of Staff, political advisers, and friends.  This should definitely go under the stupid criminals heading.  Very surprise that it took the feds this long to make an arrest.   Wow, the question now is who makes the decision as to Sen. Obama’s replacement (see order of succession from the Illinois Constitution below).  Apparently, a probe of Blagojevich regarding trading favors for government contracts has been going on for years in Chicago politics.  One would think that because Bladojevich is still governor regardless of whether he is in jail or wherever, he still makes the appointment.  That is, unless he resigns or is impeached in the next couple of weeks, in which case perhaps Lt. Gov. Pat Quinn would make the decision.  If Sen. Ted Stevens is any indication of how politicians respond to legal impediments, Blago will be choosing Obama’s replacement from his jail cell.  Talk about a freakin real life mobster movie.  This may explain his very strong statement yesterday forbidding the state of Illinois from doing business with  Bank of America….trying to garner up a troth of public sympathy right quick.  Apparently, Illinois governors have a history of doing prison time.  If Blago is indicted and convicted he will be the fourth governor to be convicted  and serve time on corruption charges.   See the Blagojevich criminal complaint here.  See Blago story below.

A source said today that Gov. Rod Blagojevich was taken into federal custody at his North Side home this morning. The U.S. attorney’s office would not confirm the information.

A Blagojevich spokesman said he was unaware of the development. “Haven’t heard anything – you are first to call,” Lucio Guerrero said in an e-mail.

The stunning, early morning visit by authorities to the governor’s North Side home came amid revelations that federal investigators had recorded the governor with the cooperation of a longtime confidant and had begun to focus on the possibility that the process of choosing a Senate successor to President-elect Barack Obama could be tainted by pay-to-play politics.

Blagojevich was taken into custody hours after the Tribune reported that the investigation into allegations of pay-to-play politics within his administration had been expanded to include his pending choice of a Senate replacement for Obama. The Democratic governor has said he expects to make a decision on the state’s next senator in weeks.

Sources told the Tribune that investigators intensified their investigation into Blagojevich amid concerns that the process of choosing a new senator could be tainted. The actions by federal authorities came a day before Blagojevich’s 52nd birthday.

The Tribune previously disclosed that federal investigators had recordings of Blagojevich. Those recordings were aided by the cooperation of longtime Blagojevich confidant and former congressional chief of staff John Wyma.

On Monday, Blagojevich said he has done nothing wrong in his stewardship of the state and challenged critics to record him because his discussions were “always lawful.”"

Order of Succession according to the Illinois Constitution.  Article V, Section 6

a)  In the event of a vacancy, the order of succession to the office of Governor or to the position of Acting Governor shall be the Lieutenant Governor, the elected Attorney General, the elected Secretary of State, and then as provided by law. 
(b)  If the Governor is unable to serve because of death, conviction on impeachment, failure to qualify, resignation or other disability, the office of Governor shall be filled by the officer next in line of succession for the remainder of the term or until the disability is removed.

UPDATE: Statement released by the U.S. Attorney office

“The breadth of corruption laid out in these charges is staggering,” said U.S. Attorney Patrick Fitzgerald in a statement.

“They allege that Blagojevich put a ‘for sale’ sign on the naming of a United States Senator; involved himself personally in pay-to-play schemes with the urgency of a salesman meeting his annual sales target; and corruptly used his office in an effort to trample editorial voices of criticism,” Fitzgerald said. “The citizens of Illinois deserve public officials who act solely in the public’s interest, without putting a price tag on government appointments, contracts and decisions.”

FBI spokesman Frank Bochte said federal agents arrested the governor and Harris simultaneously at their homes at 6:15 a.m. and took them to the Chicago FBI headquarters. Bochte said he did not know if either man was handcuffed or if the governor’s family was their North Side home at the time of his arrest. He did say Blagojevich and Harris both were given time to get dressed before being taken to the headquarters.

Corruption in the Blagojevich administration has been the focus of a federal investigation involving an alleged $7 million scheme aimed at squeezing kickbacks out of companies seeking business from the state.

Some of the allegations in the 76-page Affidavit according to USA Today.

The FBI complaint said that in one of the phone calls, Balgojevicfh entertained the idea of appointing himself to the seat if none of the mentioned hopefuls offer him anything of value.

“I’m going to keep this Senate option for me a real possibility, you know, and therefore I can drive a hard bargain,” he allegedly said. Later, he referred to the Senate as a “valuable thing, you just don’t give it away for nothing.”

The official complaint alleged that, Blagojevich, on various occasions, discussed exchanging the Senate appointment for:

• A substantial salary for himself at a either a non-profit foundation or an organization affiliated with labor unions;

• Placing his wife on paid corporate boards where he speculated she might garner as much as $150,000 a year;

• Promises of campaign funds — including cash up front;

• A cabinet post or ambassadorship for himself.

Blagojevich also was charged in the federal complaint with illegally threatening to withhold state assistance to Tribune Co., the owner of the Chicago Tribune, in the sale of Wrigley Field, according to a federal criminal complaint.

In return for state assistance, Blagojevich allegedly wanted the Tribune to fire members of the paper’s editorial board.

The complaint alleges that Harris, the governor’s chief of staff, allegedly told Balgojevich that he had spoken with an unidentified “Tribune Financial Advisor” to deliver the message that the governor would be cooperative with the state assistance in exchange for the dismissal of editorial board members, particularly deputy editorial page editor John McCormick, a strong critic of Blagojevich’s administration.

Harris allegedly said that the advisor is “very sensitive to the issue” and had advised about “certain corporate reorganizations and budget cuts coming and, reading between the lines, he’s going after that section.” To which Blagojevich allegedly replied in the taped conversation: “Oh, that’s fantastic.”

Later, however, Harris reported that there had been some layoffs at the newspaper, but that the editorial board was not among them.

UPDATE x2: U.S. Attorney, Patrick Fitzgerald, News Conference

The Feds announced that Gov. Blagojevich worked feverishly to get as much money from contractors through pay-for-play politics as possible before the end of the year.  Fitzgerald said that Blagojevich “sold influence like a salesman meeting a sales target.”  In one of the conversations, Blagojevich was reported to be upset about being “stuck” as governor.  Fitzgerald reported that the government has had wiretaps in place since 2004.  Such wiretaps were placed at Blagojevich ‘s office and inside his home. 

AG Fitzgerald went on to say that the complaint makes NO allegations against the President elect or any of his staff and cautioned people not to cast dispersions against anyone based on the fact that an unscrupulous individual tried to figure out a way to approach such individual in an effort to better his own political or economic position.  The U.S. Attorney also reported that Governor Blagojevich said the following regarding trying to get something from the Pres. elect. “[T]he Obama team are not willing to give me anything but appreciation…f@#&  them.”  Fitzgerald repeated that there is no reference in the complaint about any conversations that the governor had with the Pres. elect or any allegations in the complaint that any such conversation ever took place.

As to the senate seat appointment, Fitzgerald believes that because these allegations are now in the light of day it is less likely that the Governor can get away with appointing a person through corrupt means. Charges include solicitation of a bribe and mail fraud.  Blagojevich is scheduled to appear in court today on the charges.

UPDATE x3:  President-elect Obama said that he is “saddened and sobbered” by the Blagojevich case.  Also said that he has “had no contact with the Governor or his office and so I was not aware of what was happening.”  Lastly, the Pres. elect said “it is a sad day for Illinois, beyond that I don’t think its appropriate to comment.”

Meet the Press begins its downward spiral

Last Sunday Tom Brokaw introduced David Gregory as the new host of Meet the Press. In memoriam of this venerable institution, we all hope it rests in peace.  This viewer will not attend the funeral and if the comments from other loyal viewers are any indication the death of the Gregory hostship will be a quick and painless one.  Seriously, one imagines that NBC is trying to lose money.  The way it works is that a show must attract viewers to attract advertisers.  If Meet the Press no longer attracts viewers then it will no longer attract advertisers.  Gregory has proven over and over again that he cannot attract viewers.  However, NBC has decided to shove him down the throat of the few remaining hangers on of the program anyway.  Unfortunately, it doesn’t work that way being that many other Sunday morning options exist.  The good thing is that it looks like Mr. Gregory may be pulled from 1600 Pennsylvania Avenue.  Hopefully it means that Davis Shuster will take over that spot.  Oh…..by the way, a big CONGRATULATIONS to George Stephanopoulos of This Week and Bob Schieffer of Face the Nation for their very much anticipated increased ratings!

Breaking: Justice Clarence Thomas request for review of Petition for Emergency Stay referencing Obama Citizenship case and Cert request, answer…REJECTED and effectively DENIED!

Last week, Supreme Court Justice, Clarence Thomas, in a highly unusual move, requested that his colleagues review the petition, Donforio v. Wells, to grant an emergency stay after it was rejected by his colleague Justice David Souter.  Well his colleagues reviewed and considered the petition last Friday and delivered their answer today…..REJECTED and effectively DENIED further review of the case.

The jist of what the case argued:

“Since Barack Obama´s father was a citizen of Kenya, and therefore subject to the jurisdiction of the United Kingdom at the time of Senator Obama´s birth, then Senator Obama was a British citizen ‘at birth,’ just like the framers of the Constitution, and therefore, even if he were to produce an original birth certificate proving he were born on U.S. soil, he still wouldn´t be eligible to be president.” Washington Times, quoting Donofrio

Reactions to Thomas requesting such a review in the first place:

Trevor Morrison

[Trevor] Morrison [a professor of law at Columbia University School of Law] said that Thomas’s actions are once in a decade. “When that does happen, the case has to be of an extraordinary nature and this does not fit that circumstance,” he said. “My guess would be that Thomas accepted the case so it would go before the conference where it will likely be denied. If Thomas denied the petition, then Donofrio would be free to go to the other justices for their consideration. “This way, I would guess, the matter would be done with. Petitions of Donofrio’s types are hardly ever granted.” New America Media 3 Dec

Earl Hutchison in American Chronicle:

Thomas´s legal meddle on the Obama birth certificate [sic] non-issue fits perfectly in with his jaundiced interpretation of law and its practice and his private vow to get revenge on his liberal tormentors. Obama is the latest would be victim. He almost certainly stirred Thomas´s personal ire back in August. Obama was asked at a joint church gathering with Republican rival John McCain at the mega Saddleback church in Lake Forest, California which justice he wouldn´t have nominated to the Supreme Court. He didn´t hesitate. He named Thomas. And he told why.

“I don´t think that he was a strong enough jurist or legal thinker at the time, for that elevation, setting aside the fact that I profoundly disagree with his interpretations of a lot of the constitution.” Earl Hutchinson in American Chronicle.  He went on to say that [Thomas] wants more judges to think and act like him on the bench. Obama has made it clear not only that he would not appoint another Thomas to the High Court but that the type of judges he´d appoint will be the diametric opposite of him.

Les Payne opines:

The bitter Justice Thomas is seemingly bent these days on exacting revenge on the larger black community. It is perhaps in this light that we catch a glimpse of him stoking the Donofrio case as much for Limbaugh laughs as for the backhand it applies to the aspirations of African-Americans. Newsday

Pres. Elect Barack Obama does the “Public Works” in Weekly address 12/06/08 (VIDEO & Transcript)


Radio Address on the Economy
Saturday, December 6, 2008

Good morning.

Yesterday, we received another painful reminder of the serious economic challenge our country is facing when we learned that 533,000 jobs were lost in November alone, the single worst month of job loss in over three decades. That puts the total number of jobs lost in this recession at nearly 2 million.

But this isn’t about numbers. It’s about each of the families those numbers represent. It’s about the rising unease and frustration that so many of you are feeling during this holiday season. Will you be able to put your kids through college? Will you be able to afford health care? Will you be able to retire with dignity and security? Will your job or your husband’s job or your daughter’s or son’s job be the next one cut?

These are the questions that keep so many Americans awake at night. But it is not the first time these questions have been asked. We have faced difficult times before, times when our economic destiny seemed to be slipping out of our hands. And at each moment, we have risen to meet the challenge, as one people united by a sense of common purpose. And I know that Americans can rise to the moment once again.

But we need action – and action now. That is why I have asked my economic team to develop an economic recovery plan for both Wall Street and Main Street that will help save or create at least two and a half million jobs, while rebuilding our infrastructure, improving our schools, reducing our dependence on oil, and saving billions of dollars.

We won’t do it the old Washington way. We won’t just throw money at the problem. We’ll measure progress by the reforms we make and the results we achieve — by the jobs we create, by the energy we save, by whether America is more competitive in the world.

Today, I am announcing a few key parts of my plan. First, we will launch a massive effort to make public buildings more energy-efficient. Our government now pays the highest energy bill in the world. We need to change that. We need to upgrade our federal buildings by replacing old heating systems and installing efficient light bulbs. That won’t just save you, the American taxpayer, billions of dollars each year. It will put people back to work.

Second, we will create millions of jobs by making the single largest new investment in our national infrastructure since the creation of the federal highway system in the 1950s. We’ll invest your precious tax dollars in new and smarter ways, and we’ll set a simple rule – use it or lose it. If a state doesn’t act quickly to invest in roads and bridges in their communities, they’ll lose the money.

Third, my economic recovery plan will launch the most sweeping effort to modernize and upgrade school buildings that this country has ever seen.  We will repair broken schools, make them energy-efficient, and put new computers in our classrooms. Because to help our children compete in a 21st century economy, we need to send them to 21st century schools.

As we renew our schools and highways, we’ll also renew our information superhighway. It is unacceptable that the United States ranks 15th in the world in broadband adoption. Here, in the country that invented the internet, every child should have the chance to get online, and they’ll get that chance when I’m President – because that’s how we’ll strengthen America’s competitiveness in the world.

In addition to connecting our libraries and schools to the internet, we must also ensure that our hospitals are connected to each other through the internet. That is why the economic recovery plan I’m proposing will help modernize our health care system – and that won’t just save jobs, it will save lives. We will make sure that every doctor’s office and hospital in this country is using cutting edge technology and electronic medical records so that we can cut red tape, prevent medical mistakes, and help save billions of dollars each year.

These are a few parts of the economic recovery plan that I will be rolling out in the coming weeks. When Congress reconvenes in January, I look forward to working with them to pass a plan immediately. We need to act with the urgency this moment demands to save or create at least two and a half million jobs so that the nearly two million Americans who’ve lost them know that they have a future. And that’s exactly what I intend to do as President of the United States.

Thanks for listening.

James Paschal of Paschal’s restaurant dies

James Paschal, one of the founding members of Paschal’s restaurant, died during heart surgery last Friday.  Mr. Paschal was 88 years old.  Paschal’s restaurant in Atlanta, Georgia was considered the “unofficial headquarters of the Civil Rights Movement.”  The restaurant was frequently patronized by giants in the Civil Rights movement like Reverend Martin luther King, Hosea Williams, Ralph Abernathy, John Lewis, A. Phillip Randolph, and the list goes on.  Rep. John Lewis had this to say about Mr. Pachal’s passing:

 “James Paschal was an extraordinary man.  He was more than a business leader, more than an involved citizen, he was a gifted American who gave so much to Atlanta and the nation.  People from around the world came to eat at Paschal’s because they understood the contribution James and his brother made to the Civil Rights Movement….”  Rep. Lewis went on to say that the last time that he saw Reverend Martin Luther King alive was at Paschal’s when Rev. King called a coalition of activist together to begin the Poor People’s campaign.

Anyone who have passed through Atlanta International airport have probably stopped by Paschals. I have almost missed flights trying to get breakfast within the 10 minutes that I have to board my flight.  Knock on wood, I’ve always been successful.  However, I had no idea of the history behind the owner and his restaurant.  May he rest in peace.

HATE can be all consuming Justice Clarence Thomas…SERIOUSLY!! Questioning Pres.- elect Obama’s citizenship…seriously??

Supreme Court Justice Clarence Thomas has asked his colleagues on the United States Supreme Court to look at the REDICULOUS petition requesting an emergency stay based on the case Donoforio v. Wells questioning President-Elect Barack Obama’s citizenship……10 days before the Electoral College meets to certify President-elect Barack Obama the 44th president of the United States.  Thomas did so after the petition was rejected by Justice David Souter.  I do believe that that is the last straw folks…..Thomas can no longer redeem himself in the eyes of anyone with a thimble full of brains. This is precisely why many argue that he is unqualified to hold the position that he currently holds on the United States Supreme Court.  See full story below.

(December 3, 2008) – In a highly unusual move, U.S. Associate Supreme Court Justice Clarence Thomas has asked his colleagues on the court to consider the request of an East Brunswick, N.J. attorney who has filed a lawsuit challenging President-elect Barack Obama’s status as a United States citizen.

Thomas’s action took place after Justice David Souter had rejected a petition known as an application for a stay of writ of certiorari that asked the court to prevent the meeting of the Electoral College on Dec. 15, which will certify Obama as the 44th president of the United States and its first African-American president.

The court has scheduled a Dec. 5 conference on the writ — just 10 days before the Electoral College meets.

The high court’s only African American is bringing the matter to his colleagues as a result of the writ that was filed by attorney Leo Donofrio. Donofrio sued the New Jersey Secretary of State Nina Wells, contending that Obama was not qualified to be on the state’s presidential ballot because of Donofrio’s own questions about Obama citizenship.

Donofrio is a retired lawyer who identifies himself as a “citizen’s advocate.” The AFRO learned that he is a contributor to naturalborncitizen.wordpress.com, a Web site that raises questions about Obama’s citizenship.

Calls made to Donofrio’s residence were not returned to the AFRO by press time.

Donofrio is questioning Obama’s citizenship because the former Illinois senator, whose mom was from Kansas, was born in Hawaii and his father was a Kenyan national. Therefore, Donofrio argues, Obama’s dual citizenship does not make Obama “a natural born citizen” as required by Article II, Section I of the U.S. Constitution, which states:

“No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President…”

…to prevent the meeting of the Electoral College on Dec. 15, which
will certify Obama as the 44th president of the United States…

Donofrio had initially tried to remove the names not only of Obama, but also the names of Republican Party presidential nominee John McCain and Socialist Workers’ Party Roger Calero from appearing on the Nov. 4 general election ballot in his home state of New Jersey.

McCain was born in the Panama Canal Zone when it was a U.S. possession. Calero would be ineligible to be president because he was born in Nicaragua.
After his efforts were unsuccessful in the New Jersey court system, he decided to take his case to a higher level.

On Nov. 6, Souter denied the stay. Donofrio, following the rules of the procedure for the Supreme Court, re-submitted the application as an emergency stay in accordance to Rule 22, which states, in part, that an emergency stay can be given to another justice, which is the choice of the petitioner.

Donofrio’s choice was Thomas. He submitted the emergency stay to Thomas’s office on Nov. 14.  Thomas accepted the application on Nov. 19 and on that day, submitted it for consideration by his eight colleagues – known as a conference – and scheduled it for Dec. 5.

On Nov. 26, a supplemental brief was filed by Donofrio to the clerk’s office of the Supreme Court. A letter to the court explaining the reason for the emergency stay was filed on Dec. 1 at the clerk’s office.

Thomas’s actions were rare because, by custom, when a justice rejects a petition from his own circuit, the matter is dead. Even if, as can be the case under Rule 22, the matter can be submitted to another justice for consideration, that justice out of respect, will reject it also, said Trevor Morrison, a professor of law at Columbia University School of Law.

Morrison said that Thomas’s actions are once in a decade.  “When that does happen, the case has to be of an extraordinary nature and this does not fit that circumstance,” he said. “My guess would be that Thomas accepted the case so it would go before the conference where it will likely be denied. If Thomas denied the petition, then Donofrio would be free to go to the other justices for their consideration.  “This way, I would guess, the matter would be done with.  Petitions of Donofrio’s types are hardly ever granted.”

If that is the case, why would Thomas volunteer to be the scapegoat considering that it is a much bigger story because it was done with his pen?  Further, one wonders if  Thomas volunteers to do such favors for his colleagues with every dead end case requested to be viewed by the United States Supreme Court or is this a special case?  Finally, isn’t it amazing that this person approached Thomas first?  More than likely knew that Thomas would have a ready ear. Could it be that Thomas is attempting to make Pres. elect Obama’s inauguration as drama filled as his confirmation hearings as a method of payback that many have accused him of  doing via most of his decisions concerning civil rights and civil liberties while on the United States Supreme Court? Very sad.  Read the rest of this entry »

Breaking: Chrysler parent company Cerberus refuses to lend Chrysler the $7 billion it is requesting from taxpayers

Wait a second….Chrysler has a parent company that will not bail them out?  Cerberus Capital Management owns 80% of Daimler/Chrysler and are flushed with cash yet they refuse to bail out the struggling automobile company.   So Chrysler’s parent company Cerberus has sent the company to taxpayers to ask for $7 billion dollars when it can easily make the loan.  Yes folks, Chrysler’s portfolio parent Cerberus refuses to inject cash into its subsidiary.   When asked about this, it is reported that Cerberus responded that it will not make additional investments in the automobile industry at this time.  Are ya kidding?  How does Chrysler expect consumers to invest and have faith in them when they can’t get help or receive any faith from their own family.   All I can say is …wow.

Automobile industry bailout in question

The CEO’s of the three automobile companies, Ford, Chrysler, and GM, will be on Capitol Hill today presenting their case as to why Congress should lend them 25 34 billion dollars.  Last time the execs came to Washington they came in private jets with their hands out.  This time they carpooled and flew domestic.  Unfortunately, this may be too little too late.  Sen. Harry Reid said yesterday that he does not think that they have the votes to approve the bailout for the industry.  The American people are also not too keen on industry bailout. 

The automobile industry proponents of the bailout and against bankruptcy argue that consumers will not buy a car from an automobile company that has declared bankruptcy.  One question, will a chapter 11 decrease consumer confidence any less than a bailout would?  Further, didn’t United and Delta airlines declare bankruptcy in 2002 and 2005 respectively and are still in business?  As a matter of fact, both companies have reemerged from bankruptcy stronger and leaner companies.  Advocates of the automobile bailout argue that buying a $300 airline ticket is not the same as buying a $25,000 car with a 5-year note.  However, if the automobile companies do an adequate job of communicating to consumers that bankruptcy does not mean that the companies are going under but means that they are reorganizing, consumers will buy.   Widely publicizing companies who have successfully survived bankruptcy is a great place to start the information campaign.  This will also give automobile companies the much needed incentive to update and respond to consumer demands. 

One question, where are the oil companies during all this?  The oil companies made billions in excess profits this summer stemming from the high cost of fuel.  Why can’t such oil companies make loans to Detroit, the industry would benefit tremendously if Detroit stays in business.  It’s a win win for both industries.  Even though there may be antitrust issues implicated, the idea is at least worth examination.   Just a thought.

George Bush will announce new rule intended to limit birth control, artificial insemination, and the morning-after pill

Here he goes again.  This is George Bush’s last attempt before he leaves the White House to chip away at a woman’s right to choose.  Is this what he means by trying to clear the path for a smooth transition for the Obama administration?   See full story below.

Reporting from Washington — The outgoing Bush administration is planning to announce a broad new “right of conscience” rule permitting medical facilities, doctors, nurses, pharmacists and other healthcare workers to refuse to participate in any procedure they find morally objectionable, including abortion and possibly even artificial insemination and birth control.

For more than 30 years, federal law has dictated that doctors and nurses may refuse to perform abortions. The new rule would go further by making clear that healthcare workers also may refuse to provide information or advice to patients who might want an abortion.

It also seeks to cover more employees. For example, in addition to a surgeon and a nurse in an operating room, the rule would extend to “an employee whose task it is to clean the instruments,” the draft rule said.

The “conscience” rule could set the stage for an abortion controversy in the early months of Barack Obama’s administration. Read remainder of article here.

David Gregory to moderate “Meet the Press?!” Are you kidding me???

Talk about the worst possible choice, David Gregory has been chosen by NBC execs as the permanent replacement for Tim Russert on “Meet the Press.”  Just as an FYI, a poll was taken over at another very popular website where the visitors were asked who should replace Tim Russert. Gregory received a total of 8 votes out of 573.  Chuck Todd received 244 and Gwen Ifill came in second receiving 174.  The other choices in the poll were Andrea Mitchell, Chris Matthews, Brian Williams, and Katie Couric.  Williams came in at a distant third with 44 votes.  The point being that Gregory cannot attract viewers.  Why would NBC choose the worst possible candidate?  Don’t just take it from this writer, I have checked the comments from three other very popular blogs (including a GOP blog)…it’s official, this is a UNIVERSALLY bad choice.  David Gregory has ran two cable shows into the ditch and now NBC is moving him to a well respected institution like Meet the Press.  Catch a clue.  As happy as I am to see boring and bored Tom Brokaw take his retirement bow, David Gregory will not bring this viewer back to Meet the Press.  In fact, the door has been permanently slammed. The show is already on a rapid decline following Tim Russert’s death and this is the final nail in the “Meet the Press” coffin.  Gregory’s very clear bias was apparent throughout the primaries and the general election.  When his candidate did not win the nomination he spent much of his time tearing down the candidate that beat his choice.  He then attempted to issue his own pathetic empty talking points throughout the remainder of the campaign.  I believe they call it deceptive neutrality.  Gregory lacks intellectual curiosity and tends to babble on about the most inane GOP talking points that it is painful to watch for more than a few seconds.  As for political insight, I have never heard anything remotely resembling insight uttered from his lips.  Nor have I ever heard him raise the level of any political discussion that he has been engaged in.  Instead, he caters to the lowest common denonominator  by reciting the latest asinine GOP wingnut rubbsh in his attempt at distorted even handedness.  Remember how he managed to milk the Rev. Wright story within an inch of its life.  Don’t get me wrong, I enjoy hearing the other side.  For example, I watch Fox News Sunday with Chris Wallace and have developed a decent amount of respect for him as a commentator.  Wallace generally asks thoughtful opposition questions of both sides and generally does not appear to be the network version of Sean Hannity.  But Gregory comes across as an empty suit lacking in skill and intelligence all dressed up in Hollywood.  In this writer’s opinion, the Gregory choice is an insult to loyal viewers and has completed MTP’s continual slide into irrelevance.  A seriously pathetic decision by NBC.  George Stephanopoulos here we come.

If you prefer Gwen Ifill or Chuck Todd or anyone else, let the NBC heads for Meet the Press know your thoughts by clicking the Meet the Press feedback form here.  Don’t forget to let them know your thoughts on the Gregory choice.

These are just a few of the comments from a completely different site than the one mentioned above about the David Gregory choice:

That settles it. I will never, ever watch that program again. I cringe whenever he is on TV. He’s awful. He is a poor interviewer, he’s boring and he’s full of himself. No thank you. I’d rather watch paint drying on a wall than this guy. Poor choice.  CKFAN

 it should’ve have gone to Gwen Ifill. yearlin

thanks NBC – you just lost another viewer. MadelineL

Great. A deer in the headlights asks the hard hitting questions. I guess i’ll be Facing The Nation from now on. Julianrp

what a lousy choice. outofhere

Oh, well. Stopped watching MTP when Brokaw took over. This just means I won’t be going back. Hope it also means they’ll be getting rid of Gregory’s weeknight show. Alphadoc

 Since when do you get rewarded for under performing? 1600 Pennsylvania Avenue is tanking and now he gets Meet The Press? That’s pretty hard to believe!

This Week with George is starting to look better all the time.  MakersMark

Tim Russert will be haunting the halls of the Washington Bureau. I cannot imagine that he would consent to this choice AT ALL. He called Gwen Ifill a national treasure. She is obviously the best choice. What is NBC thinking? Oh, I know, they want to retire the show. Meah

Many people here are saying he’s boring. To me, that’s not the point. The point is he has a limited grasp of the issues, exhibits little intellectual curiosity, and isn’t quick-witted enough to follow up with probing questions. Those qualities may result in boring programs (e.g. 1600 Pennsylvania Avenue and its predecessor), but they also result in moving MSNBC away from the cutting edge. And, unfortunately, that’s probably WHY he’ll get the job. The brass doesn’t want excellence; they want safe. jukesgrrl

Booooring!!!

I know it would happen, but it doesn’t diminish the sadness of the actual news :-( (( flagrantlover

In the pithy words of my students: “Yuck.”  The quality of MTP has declined with Brokaw (I am reminded every Sunday why I didn’t watch his nightly news), and have NEVER seen a Gregory interview I thought was done well.  End of an era. I will now have to find something else to fill my hour on Sunday mornings. Miss_Lola

Gregory is a wet towel and doesn’t have the necessary passion for stripping corruption & injustice of its guises.  Ifill is serious, intelligent, impartial and revered enough to the force interviewees to show their true colors.  Rachel Maddow could have handled the research aspects w/ assistance, and the austere responsibility might have fleeced the unrepentant and unwarranted ecstatic smugness out of her delivery (pleasingly so.)  Chuck Todd, a man w/ the keenest eye for political theatrics might have proven to be an intractable interrogator, and relished with childish abandon the unique opportunity to defrock the very characters he’s spent a career studiously & objectively observing. Endangeredjackalope

If this is true, it’s a lousy, lousy choice. Gregory is awful, belligerent and self serving. “Meet the Press” will lose it prestige at a time when news in general desparately needs some legitimacy. As a “Meet the Press” viewer for many years , I would cease watching if Gregory was named. Cherlesq

And there are thousands of others just like them.  NBC what are you thinking?

The backstory of the “fabricated” Clinton Secretary of State offer

With the Secretary of State announcement on the horizon this story seems appropriate.  There are reports that the Clinton camp is claiming that President-elect Barack Obama was very persuasive in his attempt to persuade Sen. Clinton to accept the Secretary of State position.  However, what perplexes this writer is that if President-elect Obama was the one trying to persuade, why did the former president, Bill Clinton, have to agree to nine conditions associated with the the unconfirmed “offer?”  If Senator Clinton had the upperhand, why agree to all the conditions?  The Clinton camp account also does not jive with another Elizabeth Drew’s, author, report of Sen. Clinton’s meeting with the President-elect.  Apparently, Drew reports, there was no offer during the Obama-Clinton meeting two weeks ago.  The New York Review of Books gives us a behind-the-scenes look at what actually happened. 

Obama’s meetings with Hillary Clinton and John McCain about playing important roles in his presidency indicated his imagination and his shrewdness, although sources close to Obama say he did not offer her the job of secretary of state when they met. He had said during the campaign that he wanted various views in his government, and in turning to his own former competitors, Obama was at the same time magnanimous and seeking to keep them close. Both were in a position to cause him difficulty in the Senate–Clinton, in particular, had kept her constituency intact (through HillPAC) and was planning her own Senate agenda, including her own health care program, no matter what Obama proposed. But Clinton lacks the seniority, and therefore a committee position from which to get her proposals taken up by the Senate. (She tried to get a special subcommittee appointed, but Edward M. Kennedy, who has his own health care plan and is chairman of the committee with jurisdiction over the issue, blocked her, offering her later a role concerning health insurance.) McCain had indicated that he wanted to help Obama in the Senate, and by taking him up on it, Obama has both flattered and coopted him.
Mrs. Clinton’s and her closest advisers’ turning a suggestion by the President-elect that she might, among other things, head the State Department into an “offer” and reports that she was agonizing over whether to accept it, did not please officials in Chicago, some of whom hoped that issues over disclosure of Bill Clinton’s post-presidential record might block the appointment. But the former president’s camp blocked that by promising to cooperate with requests for information and to accept limits on his activities, including clearance of speaking engagements abroad. Statements by the Hilary camp on November 21 saying that “she’s ready” for the position but then backtracking, saying that some matters were “under discussion,” typified the whole mess, the only snag thus far in an otherwise unusually smooth transition involving impressive choices–an object lesson to Obama (which he had reason to know already) that getting involved with the Clintons is rarely uncomplicated.