January 12, 2005

Another Frivolous Lawsuit – Brought To You By PETAphiles

Are California cows happy cows? Not according to the folks at PETA, who sued to stop a series of popular commercials for California cheeses.

The ads showed cows in spacious pastures on rolling hills.

They were challenged in a false advertising lawsuit in San Francisco Superior Court by People for the Ethical Treatment of Animals, or PETA, based in Norfolk, Va.

PETA claimed that most California cows are actually unhappy and spend their lives in dry, grassless dirt lots.


I’m curious – how did they determine whether or not the cows were happy? Did they do exit polling?

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Another Free Speech Case From Missouri?

Just this week, the Supreme Court ruled that the white trash who make up the KKK cannot be barred from a program picking up trash on Missouri highways. Now the St. Louis area transit agency, Metro, has removed ads from trains because they were placed by a white supremacist group, the National Alliance.

Metro plans to remove a white separatist group's advertisements from MetroLink trains today, calling the group's philosophy offensive.

The St. Louis unit of the National Alliance paid $1,500 for 50 ads on MetroLink trains. The ads read, "The Future Belongs to Us," and provide the group's Web site and phone number.

The National Alliance has been described by watch groups as the nation's largest neo-Nazi group and has a relatively large and active membership in St. Louis.


Now hold on. A government agency is going to pick and choose which groups are allowed to advertise on trains based upon whether or not folks find the philosophy of the organization “offensive”? Does this mean no more ads from Planned Parenthood? From the NAACP? From gay rights groups? From the Democrat Party? Who, exactly, is going to get to decide which groups can be offended and which ones cannot? Will vegetarians have to put up with ads for restaurants that serve meat? Will thinking people continue to be offended by ads for the local Air America radio outlet? And will pacifists be required to tolerate recruiting posters from the military? Why is it this ad, which on its face is innocuous, that must be removed?

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Unifying Values?

Senator Ted Kennedy (D-Chivas Regal) has called for Democrats to follow an agenda based upon the unifying values of the party.


"Unlike the Republican Party, we believe our values unite us as Americans, instead of dividing us," the Massachusetts Democrat said in a speech prepared for delivery at the National Press Club.

"Today, I propose a progressive vision for America, a vision that Democrats must fight for in the months and years ahead -- a vision rooted in our basic values of opportunity, fairness, tolerance and respect for each other."
Kennedy played a big role in the 2004 White House race that saw President Bush re-elected and Republicans increase their majorities in both the Senate and House of Representatives.


Apparently Senator Kennedy (D-Delirium Tremens) doesnÂ’t realize that the Democrats were rejected when they ran on their values. Following such a path will be a basis for the continued rejection of a Democrat Party out of touch with the values of most Americans, in favor of a GOP that actually does stand for opportunity, fairness, tolerance, and respect for each other.

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January 11, 2005

Oops! They Did It Again

How much more screwed up does the King County count need to be before a court takes notice and throws out the fraud-wracked Washington gubernatorial election?

Three days after King County election officials explained most of a controversial discrepancy between the number of ballots cast and voters known to have voted, the gap has grown again.

After whittling the discrepancy from 3,539 votes to 1,217 last week, officials yesterday said they had made a mistake.

The number of votes now unaccounted for is "somewhere around 1,800," county Elections Superintendent Bill Huennekens said yesterday.

It's impossible to come up with a precise number, Huennekens said, because workers are adding and deleting names of registered voters as they update the list in preparation for a Feb. 8 special election.

Huennekens said the numbers released Friday were wrong because the names of 1,003 voters appeared twice on the voter list. Not all of them voted in the November election. Computer experts are trying to figure out why some names were on the list twice.


It seems manifestly clear that there are at least 10 times the margin of victory in unknown votes, along with all the other problems. Where is Jesse Jackson? Where is Barbara Boxer? Where is the Congressional Black Caucus? Where, oh where, are the host of Democrats who protested the Ohio vote? It seems they don’t care when the margin is close and any change will benefit a Republican – proving that the mantra of “count every vote” doesn’t apply here – unless we are talking about counting illegitimate votes for their preferred candidate.

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The Catholic League Slaps Dan Rather

Applying the very standard he applied to BostonÂ’s Cardinal Law, the Catholic League for Religious and Civil Liberties issued this statement regarding embattled CBS anchor Dan Rather.


Here is what Dan Rather said about Cardinal Law on December 9, 2002:
“The Roman Catholic Church faces a long-running crisis of a different sort in Boston, where Cardinal Bernard Law is resisting calls for his resignation over his handling of the priestly sex abuse scandal. But there are new questions tonight about how much longer the cardinal can hang on.”

Now try this one on for size, Dan:
“CBS faces a long-running crisis of a different sort in New York, where Managing Editor Dan Rather is resisting calls for his resignation over his handling of an erroneous report on President Bush’s National Guard service. But there are new questions today about how much longer Rather can hang on.”


OUCH!

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User Fees For Emergency Services?

Should out-of-towners be charged for rescue services if they are in an automobile accident?

Winter Park could be the first city in the state to charge for pulling injured motorists from their wrecked cars, according to a Local 6 News report.

Local 6 News reported that if a driver involved in the crash isn't a city resident, crashing in the city could cost even more.

Winter Park firefighters respond to hundreds of crashes every year and the money from the proposed service fees could provide money without raising taxes.

Fees could range from a few hundred dollars to thousands of dollars for extensive crashes involving cutting people out of their cars, according to a report.


While the idea of charging non-residents a user fee is attractive, I have some concerns. Has the idea truly been thought through? And what’s the next step? A user fee to investigate crimes against non-residents? I can hear it now – “I see here that you are from Miami. If you want us to take a report and look for the guy who shot you, that will be $5000. If we catch the guy and prosecute him, that will be another $5000. You can’t expect the taxpayers of our community to pick up the tab.”

Thoughts and reactions?

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January 10, 2005

An Accounting From CBS


Well, the axe has fallen.

Four CBS News employees, including three executives, have been ousted for their role in preparing and reporting a disputed story about President BushÂ’s National Guard service.

The action was prompted by the report of an independent panel that concluded that CBS News failed to follow basic journalistic principles in the preparation and reporting of the piece. The panel also said CBS News had compounded that failure with a “rigid and blind” defense of the 60 Minutes Wednesday report.

Asked to resign were Senior Vice President Betsy West, who supervised CBS News primetime programs; 60 Minutes Wednesday Executive Producer Josh Howard; and HowardÂ’s deputy, Senior Broadcast Producer Mary Murphy. The producer of the piece, Mary Mapes, was terminated.

The correspondent on the story, CBS News anchor Dan Rather, is stepping down as anchor of CBS Evening News.


The fact that the senior folks were dumped tells you how serious the problem really was, for all of RatherÂ’s attempts to minimize the error. But they had to save face by allowing Rather to retire gracefully. Still, Rather is faulted as a cause of the problem.

The panel said a "myopic zeal" to be the first news organization to broadcast a groundbreaking story about Mr. BushÂ’s National Guard service was a key factor in explaining why CBS News had produced a story that was neither fair nor accurate and did not meet the organizationÂ’s internal standards.

The report said at least four factors that some observers described as a journalistic “Perfect Storm” had contributed to the decision to broadcast a piece that was seriously flawed.

"The combination of a new 60 Minutes Wednesday management team, great deference given to a highly respected producer and the networkÂ’s news anchor, competitive pressures, and a zealous belief in the truth of the segment seem to have led many to disregard some fundamental journalistic principles," the report said.


In other words, this report didnÂ’t measure up to even the lowest standard, because they wanted to be first with a story they wanted to be true. A heck of a note for Dan to go out on.

The interesting point for me is the recommended changes.

The panel made a number of recommendations for changes, including:
· Appoint a senior Standards and Practices Executive, reporting directly to the President of CBS News, who would review all investigative reporting, use of confidential sources and authentication of documents. Personnel should feel comfortable going to this person confidentially and without fear of reprisal, with questions or concerns about particular reports.
· Foster an atmosphere in which competitive pressure is not allowed to prompt airing of reports before all investigation and vetting is done.
· Allow senior management to know the names of confidential sources as well as all relevant background about the person needed to make news judgments.
· Appoint a separate team, led by someone not involved in the original reporting, to look into any news report that is challenged.


All of these sound like good ideas. It would be a complete cultural change. The key question for me is whether or not the recommendations will be fully implemented. After all, it would severely hinder the CBS tradition of dicey scoops based upon questionable evidece that is more fitting for a tabloid than a major news outlet.

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Dem Election Theft Began Before Election

And the Democrats still want to claim that no voter was disenfranchised in the gubernatorial election.

Less than a month before the November election, the U.S. Department of Justice threatened to sue Washington state because it was moving too slowly in mailing military ballots overseas.
At that point Washington was the only state that hadn't mailed its overseas ballots.
Questions about military ballots have come up frequently since the Nov. 2 election ended with a deadlocked governor's race. Democrat Christine Gregoire was certified governor-elect Dec. 30 and is to be sworn in Wednesday. But Republican Dino Rossi has made the military ballots, generally seen as Republican votes, a key part of his effort to call for a new election.

On Oct. 7, State Elections Director Nick Handy sent all county auditors an e-mail tagged "URGENT" telling them about a threat from the senior litigation attorney for the Department of Justice. Handy said the state's attorney had been told the federal government "is preparing a lawsuit to be filed tomorrow against the state of Washington."


This tracks closely with what Rossi has claimed in his election contest. There is a pattern that extends back weeks BEFORE the election that resulted in federal scrutiny. The result?

"Military overseas and other absentee voters may not have received or been sent their absentee ballots in a timely manner and could have been disenfranchised by the neglect, mistake, or error of election officials," according to the case filed by Republicans in Chelan County Superior Court.

Rossi was joined at a news conference by the parents of Tyler Farmer, a Marine wounded in Iraq who didn't get his ballot until the day after the election and was unable to have his vote for Rossi counted.


But such things are clearly irrelevant to the Democrats. Stealing elecions is a longstanding tradition for them. It doesn't matter whose right to vote is compromised.

Lisa Cohen, a spokeswoman for the state Democratic Party, said no one has shown evidence of "broad disenfranchisement" of military voters. "Was there some isolated cases? Quite possibly," she said. But she said that most of the problems could be avoided by the alternative methods of voting available to military personnel.


In other words, Ms. Cohen and her party just donÂ’t care, since those votes were most likely Rossi votes. And besides -- they are only members of the military, right, Ms. Cohen? Its not like they ware racial minorities or other members of the ever-shrinking Democrat coalition.

But why should we be surprised. TheyÂ’ve said the same thing about every other irregularity in this election. When does the cumulative weight of the evidence add up to something for the Democrats? Especially when one considers the frivolous challenge to OhioÂ’s electoral votes last week, based upon much weaker evidence in an election that was not nearly as close.

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ACLU Seeks To Stop Execution – Over Prisoner’s Objection

The case seems like every other death penalty appeal – throw a bunch or arguments at the wall and see if they stick. The one the ACLU is riding hardest is the one that claims lethal injection is causes intense pain, and is therefore cruel and unusual punishment.

Lawyers for the American Civil Liberties Union of Connecticut argued Friday that serial killer Michael Ross could suffer "excruciating pain" during his execution by lethal injection Jan. 26, and asked a federal judge to stay the execution and hold hearings on the process the state plans to use.

"I believe what's really at stake here is the humanity of everyone in this room and the humanity of the state of Connecticut," attorney Annette Lamoreaux, legal director for the ACLU of Connecticut, argued to U.S. District Judge Christopher F. Droney.


But here is a twist that seems really striking to me. The condemned doesn't want the appeal to move forward, so the ACLU is arguing he isn't competent to determine his own legal strategy!

The local ACLU lawsuit was filed on behalf of Ross' father, Dan Ross, as "next friend" to his son. It claims Michael Ross is mentally incompetent, due to an array of documented mental disorders. Lamoreaux claims that by "volunteering" to be executed, Ross is endangering his own health, "as it amounts to state-assisted suicide."

Ross last week was found to be mentally competent to control his legal affairs by Superior Court Judge Patrick Clifford in New London.

Ross, appearing on five monitors throughout the courtroom, was adamant he did not want the lawsuit to proceed.

"This lawsuit came as a complete surprise to me," Ross said. "I don't need anyone filing anything on my behalf.

"I believe you should dismiss the case," Ross told Droney. "They do not have standing" to bring the lawsuit.

Ross, a Cornell University graduate, is well-versed on death penalty case law and recent controversies concerning the lethal combination of drugs used in the execution process.


So the man is has epertise in the area and understands the issues. The only thing that the ACLU is hanging its hat on is that the guy doesn't want their help. Why is this case not being dismissed? He is making a choice on legal strategy.

Supervisory Assistant State's Attorney Harry Weller argued that even the ACLU's expert, anesthesiologist Mark Heath, acknowledged that if the drugs were administered properly, Ross would die a humane death. Weller also emphasized there is no evidence to suggest Ross is incompetent.

"The claim here is that if someone decides to accept execution, they must be incompetent," Weller said. "I think that's the theory that's driven all this litigation."


Talk about your crazy defenses – “If he is willing to accept the judgement of the court, he is incapable of directing his own defense.”

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ACLU Seeks To Stop Execution – Over Prisoner’s Objection

The case seems like every other death penalty appeal – throw a bunch or arguments at the wall and see if they stick. The one the ACLU is riding hardest is the one that claims lethal injection is causes intense pain, and is therefore cruel and unusual punishment.

Lawyers for the American Civil Liberties Union of Connecticut argued Friday that serial killer Michael Ross could suffer "excruciating pain" during his execution by lethal injection Jan. 26, and asked a federal judge to stay the execution and hold hearings on the process the state plans to use.

"I believe what's really at stake here is the humanity of everyone in this room and the humanity of the state of Connecticut," attorney Annette Lamoreaux, legal director for the ACLU of Connecticut, argued to U.S. District Judge Christopher F. Droney.


But here is a twist that seems really striking to me. The condemned doesn't want the appeal to move forward, so the ACLU is arguing he isn't competent to determine his own legal strategy!

The local ACLU lawsuit was filed on behalf of Ross' father, Dan Ross, as "next friend" to his son. It claims Michael Ross is mentally incompetent, due to an array of documented mental disorders. Lamoreaux claims that by "volunteering" to be executed, Ross is endangering his own health, "as it amounts to state-assisted suicide."

Ross last week was found to be mentally competent to control his legal affairs by Superior Court Judge Patrick Clifford in New London.

Ross, appearing on five monitors throughout the courtroom, was adamant he did not want the lawsuit to proceed.

"This lawsuit came as a complete surprise to me," Ross said. "I don't need anyone filing anything on my behalf.

"I believe you should dismiss the case," Ross told Droney. "They do not have standing" to bring the lawsuit.

Ross, a Cornell University graduate, is well-versed on death penalty case law and recent controversies concerning the lethal combination of drugs used in the execution process.


So the man is has epertise in the area and understands the issues. The only thing that the ACLU is hanging its hat on is that the guy doesn't want their help. Why is this case not being dismissed? He is making a choice on legal strategy.

Supervisory Assistant State's Attorney Harry Weller argued that even the ACLU's expert, anesthesiologist Mark Heath, acknowledged that if the drugs were administered properly, Ross would die a humane death. Weller also emphasized there is no evidence to suggest Ross is incompetent.

"The claim here is that if someone decides to accept execution, they must be incompetent," Weller said. "I think that's the theory that's driven all this litigation."


Talk about your crazy defenses – “If he is willing to accept the judgement of the court, he is incapable of directing his own defense.”

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History Geek Alert!

It is a Civil War buffÂ’s dream!

Civil War buffs are getting access to a treasure trove of information - thousands of original maps and diagrams of battles and campaigns between 1861 and 1865, all posted on the Internet.
The Library of Congress is posting 2,240 maps and charts and 76 atlases and sketchbooks, while The Virginia Historical Society and the Library of Virginia are adding about 600 items. Much of the collection is online now; the rest will be by the spring.
The items depict troop positions and movements, as well as fortifications. There also are reconnaissance maps, sketches and coastal charts and theater-of-war maps.


To see the collection, click here.

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January 08, 2005

A Little Too Close To Home For Me

Had i tried to go out this evening, I would have had trouble.

Residents of Seabrook had to stay indoors under the threat of a possible explosion after a Union Pacific railroad train carrying concentrated hydrogen peroxide

Two 90-ton rail cars fell over on their sides, leaking the potentially combustible materials. A fire on the engine — thought to have been sparked as a result of the force of the impact — was extinguished by firefighters.

No injuries were reported, but the hydrogen peroxide leak posed a threat to nearby residents.


We heard sirens, but that was about it. We weren't in the "shelter in place" zone, but knowing that it was within 2 or 3 miles is a bit concerting. Especially since I drive by the place where it happened at least twice daily.

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An American Hero Dies

There are some names you hear mentioned with reverence growing up in a military family. This Navy brat heard this man's name more than once.

Sheldon Hoard Kinney, 86, a retired Navy rear admiral whose ship sank three German U-boats in one night and who saw combat service in three wars, died Dec. 11 at his home in Annapolis. He was a former commandant of the U.S. Naval Academy.


If you go to one link off of my site, this should be it. He was a truly amazing man.

Survivors include his wife of 64 years, Elizabeth "Lea" Douglas Kinney of Annapolis; two sons, Douglas Kinney of Washington and Bruce Kinney of Snellville, Ga; a brother; three grandchildren; and a great-grandson.


My deepest condolences to all who loved him.

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January 07, 2005

Would You Give?

Three years ago, fashion writer Christa Worthington was murdered in the town of Truro, Massachusetts. No arrests have been made, despite the recovery of a male DNA sample. Now police are asking all male residents of the town to voluntarily give a DNA sample to be tested.

"We are turning to the Truro community and asking that they look inward and begin to consider the possibilities that exist within their community who may have interacted with Worthington," State Police Trooper Christopher Mason said. "From an investigators standpoint, it is efficient and effective."

District Attorney Michael O'Keefe said that officials will look more closely at those who do not cooperate.

"I would say to any member of the public that they should have no (qualms) about cooperating with the police. By law, that DNA sample can't go anywhere," O'Keefe said.


Am I the only one who finds the district attorney’s statement a bit chilling? The police have no probable cause to get a court order for the samples. Instead they say "Give us your DNA or become a suspect in a murder investigation." What assurance is there that the DNA sample will be used only in this case? Will the “volunteers” become a part of a larger police DNA database, available for use in any case? And will the refusing to cooperate be presented to a court as probable cause for compelling someone to give a sample?

I think I would opt out of this program – and tell the cops to pound sand when they came to question me. Exercising one’s right to privacy is not a legitimate basis for being made the subject of a criminal investigation.

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Parents Serve Detention With Daughter

Steven and Susan Manis had car trouble several times in October and November. That made their daughter, Jessica, late for school six times. At Pearland Junior High East, students tardy more than twice receive a one hour detention. Since the school would not relent (though it looks like they may have, because the kid should have more than one detention by my count), the parents came to serve the detention with their daughter.

"This is a case of a zero tolerance policy gone wild," Susan Manis said. She said the part of school her daughter missed never included an academic class but a home room-like class called "Advisory."

She said the tardies came on mornings when the school bus had already passed before she found out her van wouldn't start. A recurring electrical problem with the vehicle has been remedied, she said.

"We are enforcing the handbook consequences for a student who is repeatedly late to school," Principal Lonnie Leal said in a written statement.


While i've always been critical of zero tolerance policies,I disagree with the parents. This policy is reasonable. The only wild thing I see here is that these parents think that the tardy policy shouldnÂ’t apply to their daughter because they feel she has a good reason for being late.

To be honest, I think this is just a political stunt. Both parents ran for school board last spring, and both were defeated. I'd bet they are planning another run.

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Persecuting Physicians

My darling wife suffers from chronic degenerative conditions that cause her great pain. I wonÂ’t go into the details, but suffice it to say that we have a pair of doctors who do their best to keep her healthy and minimize her discomfort. We scrupulously adhere to her treatment regimen and medication schedule. ThatÂ’s why the outrageous prosecution/persecution of Dr. Bill Hurwitz resonates with me so strongly.

On December 15, Dr. Bill Hurwitz was shackled in the courtroom and hauled away to jail. A federal jury in Virginia declared the doctor guilty of some of the drug-dealing charges the government brought against him - a conviction that carries a mandatory minimum prison sentence of 20 years to life.

Dr. Hurwitz specialized in treating patients suffering with chronic pain. Some of his treatment techniques were considered "controversial" a decade ago but are now widely accepted as standard practice by doctors working in medical schools as well as in private practice. These methods are now recognized in state law, for example, in Virginia.

Further, the doctor's plan or protocol for treating such patients was formally accepted in written agreements by both state and federal government officials in 1997 and 1998.

As part of these agreements, Dr. Hurwitz allowed federal government agents working for the Drug Enforcement Administration (DEA) access to all his patient records, at any time, without requiring a court order or search warrant. He also provided DEA agents with complete and ongoing records of all patients receiving powerful pain medicines every three months.


This isnÂ’t a man trying to push drugs or hide anything. This is a doctor trying to treat patients. He even went above and beyond the call of duty in providing those records, because he wanted to make sure that his patients were not abusing or diverting the drugs. Now IÂ’ll concede I am a bit disturbed by some of the privacy implications of the practices, but I assume that he made his patients aware of what was being done and referred patients with objections to other doctors.
So what did he get for his trouble? He got screwed.

During four years of providing prodigious amounts of patient information to government agents, DEA agents never advised him about any of the illegal activities of the few patients who did so.

Hurwitz himself became aware of illegal or unethical activities of 17 patients and refused to treat them further. After learning that four other patients suffering with chronic pain were arrested on drug charges, he watched these patients more carefully and used laboratory tests to confirm that these patients were indeed taking the drugs in the prescribed doses.

About 15 of his 400 patients lied to Dr. Hurwitz about their pain in order to get prescriptions for more medicine than they needed. When government agents discovered these patients were selling drugs illegally, they bribed them to testify against Dr. Hurwitz by offering lenient prosecution.

They also sent "patients" to him that were imposters, liars for hire, paid for by government prosecutors.

Given that government agents were given all the information they wanted and more, it would have made sense to let Dr. Hurwitz know when a patient was diverting drugs.


So let's recap. The DEA knew that two patients made nearly $4,000,000 selling their medications. Dr. Hurwitz was told nothing of this. The pushers were given deals, and the doctor was indicted and arrested on 62 felony charges, including conspiracy to traffic in controlled substances, drug trafficking resulting in death and serious bodily injury, and health care fraud.

The trial tactics were even more outrageous. The prosecutors tried to shift the burden of proof by insisting that the doctor show he didnÂ’t know of the diversions. They got the judge to forbid the introduction of any evidence related to the doctorÂ’s cooperation with the DEA. The sheer number of charges brought by the prosecution were designed to leave the jury convinced that even if a given charge wasnÂ’t proved, Dr. Hurwitz must be guilty of something, making it much more likely that there would be a conviction one or more of the charges. Sadly, they succeeded.

When are we going to stop criminalizing the practice of medicine? When are we going to allow the “best practices” to be determined by physicians rather than bureaucrats and prosecutors? Prescription decisions need to be in the hands of doctors, not prosecutors. Prosecutions should be directed at criminals, not those who write a prescription in good faith.




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GOP To Sue Over Washington Gubernatorial Election Theft

And after the Democrat antics yesterday ovr the certification of the Bush victory, IÂ’d better not hear any complaint about the suit. After all, Washington Republicans have actual evidence of actual voting irregularities.

The Republican court challenge to Christine Gregoire's election as governor, expected to be filed today, will center on mishandled provisional ballots in King County and lingering questions about why the county shows more votes counted than people voting on Nov. 2.

That's Republican candidate Dino Rossi's best bet for getting a judge to overturn Gregoire's 129-vote victory, said former U.S. Sen. Slade Gorton. Gorton, an attorney who lost his Senate seat in a close 2000 race, is not part of Rossi's legal team but is a close adviser to the candidate and has been consulted about the imminent legal challenge.

"That will be the primary ground of any election contest," Gorton said yesterday. "And I've got to say I think it's not only a valid argument, but a compelling argument.


The lawsuit also will likely include allegations of votes by dead people and felons, and multiple votes by the same voter. But those issues, while garnering much attention among Rossi supporters in recent days, will be secondary.”

More votes than voters. Mishandled provisional ballots. Problems with absentee ballots. “Enhancement” of ballots with no clear voter intent indicated. Dead voters. Felon voters. Multiple voters.

How could anyone think the 129 vote margin is NOT in question?

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January 06, 2005

No Crosses Allowed At Inauguration?

Why has the Secret Service banned the symbol of Christianity from rallies and demonstrations in public parks and on public sidewalks?


The Washington-based Christian Defense Coalition is protesting a proposed ban on the display of crosses during inauguration ceremonies for President George W. Bush.

In a December 17 letter to the National Park Service, the Secret Service-- which is responsible for the safety of the President and other US government officials-- asked for a ban on numerous items during the inauguration festivities. The Secret Service sought a ban on potentially dangerous items such as firearms, explosives, and laser pointers; but the list of proscribed items also included "coffins, crates, crosses, crates theaters, and statues." No explanation was given for the inclusion of crosses on the list. The Christian Defense Coalition, which was planning to hold a prayer vigil during the inaugural parade, received a permit that listed the banned items, including crosses.

Rev. Patrick Mahoney, director of the Christian Defense Coalition, decried the ban on crosses as a clear form of "religious bigotry and censorship." The restriction is even more offensive, he added, "when one realizes that it is only Christian symbols that have been excluded." The Secret Service regulations explicitly allow for bullhorns and signs of up to 20 feet in length.

Mahoney announced that members of his group "will be on the public sidewalks holding crosses at the inauguration parade even if that means risking arrest and jail."


I keep hearing that because of the reelection of George W. Bush and the increase in GOP strength across the country, we live in a fundamentalist Christian theocracy. This certainly is a strange way to show it, by banning the public display of that faithÂ’s sacred symbol. I can see no legitimate reason for such a ban, and believe it to be invalid on its face.


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Feed These Hungry Puppies

This is outrageous! Iraqi police dogs are starving to death!

The commander of an Army Reserve detachment is begging friends back home to send food for Iraqi police dogs.

"The dogs are starving and urgently need dry dog food," Capt. Gabriella Cook, commander of the Las Vegas-based 313th Military Police Detachment, said in a Dec. 28 e-mail reported Wednesday by the Las Vegas Review-Journal.

"Some of them have already died," Cook wrote. "Half of them are sick. We have no way of buying actual dog food here."

Cook's unit arrived last month in the Iraq capital. She said 12 German shepherds and one black Labrador retriever trained for bomb-detection and attack at the Iraqi Police Academy in Baghdad have been eating table scraps and garbage.

"It seems like an emergency situation," Diana Paivanas, a Henderson pet-care provider and Cook's friend, told the Review-Journal. "Something needs to be done now to save these dogs."

Sen. John Ensign, R-Nev., a veterinarian, directed a legislative aide to contact an Army liaison to investigate, a spokesman for the senator said. But when contacted Wednesday, his office said they were unsure where to send donations and that they are looking into it.

Military officials at the Combined Press Information Center in Baghdad did not immediately respond to the newspaper's request for information about the food supply for U.S. canines in Iraq.


I know there is a lot of suffering and hunger in that war-torn country, but something can surely be done.

Paivanas said she found it costs about $50 to mail a 30-pound bag of dog food to Cook.

Henderson Veterinarian Terry Muratore estimated that each of the 13 working dogs would consume a 40 pounds or more of dry food per month.

"If securing the country entails having security dogs that are healthy, then we should do that," Muratore said. "Surely there's space on a C-130 to get a pallet of dog food over there."

If you would like to help feed the dogs, you may send checks to the Las Vegas Valley Humane Society. They are working with several companies to ship food to the animals as soon as possible.

"PetSmart has donated a pallet of food, and we hope PetCo will do the same," Judith Ruiz, president of the Las Vegas Valley Humane Society said.

Ruiz said several companies have donated food and that with the money, the Humane Society will be able to buy more dog food at a discounted rate and will also pay for shipping to Iraq.

"All funds will go directly for the animals," Ruiz said.

The Humane Society is a nonprofit, all-volunteer organization. So your donation will be tax deductible.


Send donations to:

Las Vegas Valley Humane Society
Funds For Dogs In Iraq
2250 E. Tropicana
Suite 19
Las Vegas, NV 89119

Make checks payable to the Las Vegas Valley Humane Society. The group asks that you indicate in a letter or on the check that you want your donation to go to the dogs in Iraq.

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Andrea Yates Gets An New Trial

Two of the big murder trials of the last five years have come from killings within a few miles of my home – the Clara Harris and Andrea Yates cases. Both recently filed appeals of their convictions, and while the Harris appeal was denied, the appellate court has ordered a new trial for Yates.

Yates' lawyers had argued at a hearing last month before a three-judge panel of the First Court of Appeals in Houston that psychiatrist Park Dietz was wrong when he mentioned an episode of the TV show "Law & Order" involving a woman found innocent by reason of insanity for drowning her children.

After jurors found Yates guilty, attorneys in the case and jurors learned no such episode existed.

"We conclude that there is a reasonable likelihood that Dr. Dietz's false testimony could have affected the judgment of the jury," the court ruled. "We further conclude that Dr. Dietz's false testimony affected the substantial rights of appellant."


IÂ’ve sort of expected this ruling for some time, although I donÂ’t think the erroneous testimony substantially impacted the jury verdict. After all, she immediately called the police and confessed to killing her children. There is no doubt that she did the crime, only the question of the level of responsibility she bears under Texas law. I think the court has erred in ordering a new trial here.

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Dare We Call It Vote Fraud?

I remember working the Gaffner for Congress campaign years ago, right after Congressman Mel Price died. We worked hard to win that seat that had been held by the deceased incumbent for over four decades, and it looked like we had a shot. As we watched the vote come in on election night we were ahead of Jerry Costello in every part of the district, including the county where he was County Board Chairman, his hometown where he had been mayor, and even his home precinct.

And then East St. Louis came in. The Democrat stronghold sank our victory. I wondered then, and wonder now, how much fraud was involved in that outcome.

Well, someone finally looked at the issue of vote fraud in that town.

A second investigation into claims of voter fraud in East St. Louis during the election Nov. 2 has been launched, this time by St. Clair County State's Attorney Robert Haida.

Haida's investigation is limited to 13 absentee votes that were cast from a boardinghouse in East St. Louis. The federal government has declined to talk about its case, but a search warrant issued during an FBI raid at East St. Louis City Hall on Nov. 23 indicates that the reach is much greater.

"Our investigation is separate but not in conflict with the federal government," Haida said Wednesday.

Oliver Hamilton, a Democratic precinct committeeman, owns the boardinghouse, at 1232 Cleveland Avenue, targeted by the investigation.


I suspect that they will find the voters did not personally cast those ballots. I heard a lot of stories of such things way back when, but it seems like things may not have changed that much.

Eleven computer hard drives seized in the East St. Louis City Hall raid were returned on Monday. FBI agents said other items seized were being retained as the investigation continues. The federal government search warrants say the items were taken to help in the investigation of election fraud, mail fraud and "obstruction of an official proceeding by the destruction of records."


HmmmÂ… this could get interesting. But I wonder where Jesse Jackson is on this, since election fraud is his big issue. Could it be that the election fraud by black Democrats is not a concern for him?

Posted by: Greg at 04:41 PM | No Comments | Add Comment
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CSI: Egypt?

Maybe I’m a geek – but wouldn’t it have been neat to be there for this?

A team of researchers briefly removed King Tut's mummy from its tomb Wednesday and laid bare his bones for a CT scan that could solve an enduring mystery: Was it murder or natural causes that killed Egypt's boy pharaoh 3,000 years ago?
Tut's toes and fingers and an eerie outline of his face could be seen as the mummy, resting in a box to protect it, was placed inside the machine in a specially equipped van parked near his underground tomb in the famed Valley of the Kings.
The 1,700 images taken during the 15-minute CT scan could answer many of the mysteries that shroud King Tutankhamun's life and death including his royal lineage, his exact age at the time of his death now estimated at 17 and the reason he died.




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January 05, 2005

A Great Civics Lesson From Dr. Williams

My students will get a copy of this column the next time I teach American Government.

In recognition that it's Congress that poses the greatest threat to our liberties, the framers used negative phrases against Congress throughout the Constitution such as: shall not abridge, infringe, deny, disparage, and shall not be violated, nor be denied. In a republican form of government, there is rule of law. All citizens, including government officials, are accountable to the same laws. Government power is limited and decentralized through a system of checks and balances. Government intervenes in civil society to protect its citizens against force and fraud but does not intervene in the cases of peaceable, voluntary exchange.

Contrast the framers' vision of a republic with that of a democracy. In a democracy, the majority rules either directly or through its elected representatives. As in a monarchy, the law is whatever the government determines it to be. Laws do not represent reason. They represent power. The restraint is upon the individual instead of government. Unlike that envisioned under a republican form of government, rights are seen as privileges and permissions that are granted by government and can be rescinded by government.


Dr. Walter E. Williams
Are we a republic or a democracy?



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Does Freedom Of The Press Still Exist?

The last time I checked, freedom of the press was still enshrined in the First Amendment. That includes the right of a newspaper to make editorial decisions about what it fit and proper to publish – especially in the way of opinion pieces.

That protection will be gone if the Arizona Supreme Court upholds a lower court judgeÂ’s decision to allow a trial in a lawsuit that alleges that a letter to the editor caused emotional distress to members of the local Muslim community. The letter, published as attacks on US troops in Iraq increased, suggested that American soldiers in Iraq should take reprisals by killing Muslims in nearby mosques.

Two Tucson men filed a class-action lawsuit against the Gannett Co. newspaper on Jan. 13, 2004 over a letter printed on Dec. 2, 2003 as deadly attacks against U.S. troops in Iraq mounted.

The letter prompted some fearful Tucson Muslims to keep their children home from religious schools and resulted in letters of protests from readers and a published apology by the Citizen, which also sent staff members to meet with members of a local mosque.

In a Dec. 6, 2003 column apologizing for the newspaper's decision to print the letter, Publisher and Editor Michael A. Chihak said the letter's author had written a second letter to clarify that his comments only referred to military actions in combat zones.



Now let’s say it outright – the sentiment in the letter is somewhat disturbing. The idea that the US military should take random revenge on individuals based upon religion is repulsive. But it is also protected speech, not, as the individuals who sued claim, a call for violence that could legitimately include attacks on Muslims in America.

Judge Leslie Miller of Pima County Superior Court in Tucson on May 10 allowed the lawsuit's claim of intentional infliction of emotional distress to stand, setting the stage for pretrial fact-finding now put on hold during the appeal to the Supreme Court.

"Clearly, reasonable minds could differ in determining whether the publication of the letter rose to the level of extreme and outrageous conduct," Miller wrote.


No, judge, reasonable minds cannot differ on that matter. There is no threat, nor was there any incitement to violence. The extreme and outrageous conduct here is the use of the courts to suppress political speech, and your decision to ignore the clearly delineated limits of government power.

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Turkey Run?

Staff the district office of Rep John Conyers (D-Michigan) requested sixty Thanksgiving turkeys from a Detroit food pantry to distribute to needy families in the district. Now the staff turkeys wonÂ’t say where the frozen turkeys went.

Conyers' Detroit office promised an accounting of any turkey distribution by Dec. 27, but the Gleaners Community Food Bank had received no paperwork as of Tuesday, said the charity's director, Agostinho Fernandes.
Fernandes said he became suspicious that the turkeys didn't get to poor people after hearing from a friend that a federal court worker had said he was offered free turkeys from a member of Conyers' staff.


Conyers aides insist that the turkeys were properly distributed, and said that a fax had been sent on Tuesday listing the names of the recipients. But Fernandes said that no list had been received as of the end of the day on Tuesday. And Conyers has failed to respond to requests from the Detroit Free Press that he contact the paper about the situation.

Conyers staff member who asked not to be named for fear of reprisal told the Free Press that [Conyers staffer Elisa] Grubbs and her cousin, Conyers' Detroit deputy chief of staff Marion Brown, along with a former Conyers aide, DeWayne Boyd, picked up the turkeys and later gave contradictory accounts of what happened to the birds.

The unnamed staff member raised concerns in a memo sent to both the FBI and House ethics committee. Conyers was the target of an informal ethics committee inquiry last year following a Free Press investigation about use of staff members during work hours for political campaigns.

Boyd, who was fired from Conyers' Detroit office in 2002, was convicted on seven counts of fraud last month in U.S. District Court in connection with a scam he ran from Conyers' office in 1999.


So a couple of staff members and a former staffer convicted of fraud picked up 720 pounds of frozen turkey and have so far failed to account for it. The congressman and other staffers are stonewalling those seeking answers. Very interesting.

"You can imagine how we feel," Fernandes said. "They didn't pay anything. This was donations to them to help the needy. We get calls from different representatives who want to put together food baskets for their needy constituents and you have faith that these people are going to bring the food to the people it's intended to go to."


Stealing from the needy during the holidays. ThatÂ’s low, even for the Democrats.


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Will The Aid Be In Your Country Tonight?

Jim McIngvale is one of those characters that someone would have to invent if he didn’t really exist. Better known as "Mattress Mack," he turned one store into one of Houston’s thriving businesses through grit, hard work, and showmanship. So ubiquitous are his ads that I’m reasonably sure that there are Houston area children whose first words are “Gallery Furniture saves you money!”

Now heÂ’s been asked by former president George H.W. Bush to head up Houston area fundraising for tsunami aid.

McIngvale, one of the city's most public philanthropists, said his customers have been asking what he plans to do to help the relief effort.
"I was at a loss," he said, "and then President Bush appointed his father and Clinton."

Linda McIngvale contacted Bush's office to inquire about helping locally.

"We had a meeting," Jim McIngvale said. "It's just a way for us to be involved and help all these people in this tremendous disaster."


If anyone can get folks to give, it will be McIngvale.

But I also want to highlight one item buried at the end of the story.

U.S. Rep. Sheila Jackson Lee, D-Houston, is working with the group Houston's Solution for Tsunami Victims to collect medical supplies.

I donÂ’t like the woman, but IÂ’ll give her credit and acknowledgement for doing the right thing here. IÂ’m quite pleased to see it.

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January 04, 2005

What Part Of ILLEGAL ALIEN Don't You Understand?

A so-called civil rights group is asking a federal appeals court to stop the implementation of an Arizona law denying government benefits to illegal aliens. Voters adopted the law in November.
The civil rights group contends the measure will harm families who depend on public benefits for basic necessities, and could potentially cut them from all state services.


I think most Americans would see that as a good thing. After all, these people are not supposed to be in the country at all, and therefore have no legitimate claim on any taxpayer-funded services.

By the way, the Mexican government is now distributing a guide explaining how to illegally cross the border and hide out in American society. Once we determine how much the book cost the Mexican government, perhaps we should cut the foreign aid budget for Mexico by ten or twenty times that amount.
The 32-page color primer, published by Mexico's foreign ministry in December, gives would-be migrants tips including how to swim across the Rio Grande and avoid dehydration in the desert. It also sets out their legal rights on detention.


And maybe it is time to set up guard towers with working machine guns to stop the invasion countenanced and assisted by the Vincente Fox.

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Women Use Less Birth Control

It goes against the norms of our contraceptive culture, but the number of women not using birth control has increased over the last decade.

At a time when the medical community has been heartened by a decline in risky sexual behavior by teenagers, a different problem has crept up: More adult women are forgoing birth control, a trend that has experts puzzled -- and alarmed about a potential rise in unintended pregnancies.

Buried in the government's latest in-depth analysis of contraceptive use was the finding that the number of women who had sex in the previous three months but did not use birth control rose from 5.2 percent in 1995 to 7.4 percent in 2002. That means that as many as 11 percent of all women are at risk of unintended pregnancy at some point during their childbearing years (ages 15 to 44).


The article is couched in alarmist tones, noting that women who have unintended pregnancies are more likely to be unprepared psychologically or emotionally for parenthood. There is also much speculation about why these women are not using birth control.

Physicians, statisticians and advocates who specialize in reproductive health had several theories for the rise in unprotected sex. They pointed to possible factors such as gaps in sex education, the cost of birth control, declining insurance coverage, fears of possible side effects of contraceptives and personal attitudes about childbearing.

It is possible, said Paul Blumenthal, that many more women are trying to conceive and thus have stopped using contraception. But the Johns Hopkins University professor said it is more likely that more women have found the cost of birth control burdensome.

Because the number of uninsured has increased, these women might be on the short end of that stick," he said. Since 2001, the number of uninsured Americans has risen by 4 million.

Jeffrey Jensen, director of the Women's Health Research Unit at Oregon Health and Science University, said he regularly encounters patients who have trouble affording birth control, even if their private insurance covers it.

"It is absolutely unconscionable that women have a co-pay of $20 or $25 [a month] for contraceptives and men are getting off scot-free," Jensen said. Drug companies "have cut way back" on free samples and many women turn to less effective types of birth control because of cost, he said, "running a greater risk of pregnancy as a result."


Two things leap out at me. The first is the absolute discounting of the possibility that these women are exercising their “right to reproductive choice” in a manner that leads them to CHOOSE to get pregnant. Such a thing is unimaginable to supporters of contraceptive culture and the sacrament of abortion. The second is the immediate assumption that women – presented as strong, intelligent, independent individuals capable of making rational informed choices by abortion proponents when they argue in favor of “a woman’s right to choose” – are depicted as ignorant, frightened, powerless victims when they don’t use birth control.

And I won’t even get into the statement that “men are getting off scot-free.” Aside from the lack of choice given to men in the abortion decision, the financial burden imposed by the child-support laws of the US, and the legal imposition of “my body, my choice” feminism designed to demean men as nothing but irresponsible sperm donors, why should men be expected to pay for the reproductive choices made by women? The whole point of feminism over the last half century was to liberate women from paternalistic men – but apparently not to the point that women might support themselves, or pay for their own choices.

But the one thing is clear -- to the researchers, the notion that a woman might voluntarily choose to conceive is. . . inconceivable.

Posted by: Greg at 01:38 PM | No Comments | Add Comment
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Property Rights At Heart Of Dispute Between Old, New Neighbors

IÂ’m sure glad I didnÂ’t buy into this neighborhood.

Signs at the entrance to Morgan's Crossing advertise a swim and tennis community with brick-front homes starting at $160,000. The three-bedroom, three-car-garage homes are about 2,600 square feet.

Just down Double Springs Church Road is another sign: "Danger — Keep Out — Live Fire Machine Gun Range." The signs at the entrance to Kevin Brittingham's 33-acre property also note that the range backs onto Morgan's Crossing.

The case highlights the friction that can emerge in fast-growing communities such as Walton County, where newer residents may have expectations about land use at odds with established landowners. This is especially true where new homes border agricultural land.

Though the Census Bureau lists Walton County as the 57th-fastest-growing in the United States, it's still largely rural, said Kevin Little, County Commission chairman.

Little said one worried farmer recently went to the county offices to have his chicken houses marked on the official map for his property. He said the farmer wanted to prevent future neighbors from moving in and then trying to shut down his chicken houses by claiming they didn't know about the odorous farm operation.


It strikes me that these new residents didnÂ’t use due diligence to find out about their new neighborhood. Why should someone else have to change their property use just because new folks move into their area? But IÂ’m disturbed by LittleÂ’s reaction to the issue.

Little said Brittingham has the proper licenses to own his guns, and his land is zoned for agricultural use — which, in Walton, allows for shooting guns. So the commissioners won't be getting involved, Little said. "If a neighbor doesn't like what somebody's doing, that's what the courts are for."


No, it’s not. If you don’t like what your neighbor is doing and it is legal, then that isn’t for the courts – IT’S NONE OF YOUR DAMN BUSINESS! Especially when it involves the exercise of a right protected by the Constitution.

John Eberhart, who mans the sales office at the subdivision, said he's a member of the National Rifle Association and enjoys occasional skeet and trap shooting.
With that much land, "I would probably be out there and shooting myself, but not machine guns," Eberhart said. "Military ordnance, you should not be able to shoot next to or abutting residential property."


But the thing is, John, that it wasnÂ’t residential property until you made it residential property. Do you really mean to say that he should lose his constitutional rights because YOU decided to build and sell houses out in the middle of the country. ThatÂ’s mighty arrogant of you.

Eberhart said builders didn't know that Brittingham had a private shooting range on his land until the first buyers were ready to close on their houses. He said the builders were initially willing to buy Brittingham's land, but he wanted too much for the property, which is mostly floodplain and unbuildable.

Eberhart admits that some potential buyers have been scared off but said he worries that buying Brittingham's land could set a precedent that could encourage others to "blackmail" developers in the future.


Yeah, imagine that – a precedent that says that someone has the right to use their property as they see fit, even if some big developer buys up the surrounding property, subdivides it and starts selling houses. This guy had a pre-existing use that you knew or should have known about. How is his insistence that his property rights be respected or bought out to be considered “blackmail”? I’d argue that the builders’ insistence that Brittingham take a lowball price for his land or face legal action fits the definition of that term much better.


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Peanut Butter Police

They donÂ’t have much tolerance for peanut butter sandwiches in Yorktown, Indiana.

Savannah Dowling is a typical 8-year-old girl; much of her protein comes from peanut butter sandwiches.

However, if she wants to bring one to Central Indiana's Pleasant View Elementary School, she has to eat it at a special table in the cafeteria to accommodate one first grader with a severe allergy. Soon she'll have to take her lunch to an area the school is calling the "peanut gallery" so the one child with the peanut allergy isn't affected.


Now hold on.

For the sake of one kid, they have a special area for those who have the audacity to consume food containing nuts?

DonÂ’t they have it backwards? ShouldnÂ’t it be the allergic child who is restricted?

The boy's parents refused to be interviewed but said their child's allergy warrants extraordinary safeguards.

"He does not have to ingest it for his air to constrict and he loses the ability to breathe," the parents wrote in a statement. "We have the medical evidence that shows that our son has one of the worst allergies on record for this food."


Gee, thatÂ’s too bad. Your child is clearly too ill to be in a normal school environment, so you need to home school him. Any other option is simply irresponsible parenting. You do not get to demand that the entire world go to extraordinary lengths to accommodate your childÂ’s special needs. That is simply not reasonable.

Posted by: Greg at 12:51 PM | No Comments | Add Comment
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Oh, Really!


One more sign that some folks donÂ’t get it.
An electric blue wristband seen on the wrists of democratic supporters has been spotted across the nation. The wristband, which is being worn by young and old alike, boldly declares that its wearer is an "Enlightened American" who supports democratic candidates and ideals.
Many Democrats were disappointed by the results of the 2004 Presidential Election. Now, as the Inauguration approaches, some remain in a state of disbelief, while others feel that their voices will remain unheard and their needs unmet by the incoming administration. By wearing the Enlightened American wristband, these individuals band together in common voice declaring that they remain firm in their ideals, especially during this important political time.


You lost the election.

You are not a better person because you voted for the losing candidate.

But maybe we need to market a red bracelet that reads Real American – just to make the point.

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24 Bugs CAIR

Those wacky supporters of jihad and terrorism, the Council on American-Islamic Relations (CAIR), are bugged by the storyline for the upcoming season of the Fox series 24. It seems that the terrorist threat this time comes from – a Muslim family operating as a sleeper-cell.

"At first I was shocked," organization spokeswoman Rabiah Ahmed told the New York Daily News. "In this particular case, they show an American-Muslim family and they portray them as terrorists."
WhatÂ’s so shocking to you? That someone might have made a connection between Muslims and terrorism? Or that they had the cojones to actually put it on the show, given the threats of retribution your group has made over the years against anyone who even hints that there might just be a causal relationship between Islam and terrorism? Or could it be your shock that someone would suggest that Muslim teens might even be involved with terrorism? After all, we know that no Muslim has ever been involved in terrorism, and that it is Buddhist nuns who are blowing themselves up in Israel and other parts of the world.

This is the showÂ’s fourth season. Deal with the fact that the group that is the biggest source of terrorism in the world (Islam) is actually going produce the villains this year.

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