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Thursday Open Thread

I'll be offline for the next several hours so here's an open thread for you.

All topics welcome.

< Juror Complains to Judge About Sentencing for Acquitted Conduct | NJ Supreme Court Tosses Local Laws Restricting Residency of Sex Offenders >
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    I have some good (5.00 / 2) (#4)
    by eric on Thu May 07, 2009 at 03:08:13 PM EST
    news to share.  My wife, who practices criminal defense, just got a not-guilty verdict in a drive-by shooting case.  The state was trying to pin a drive-by on a kid even though the gun found didn't match the casings at the scene (wrong caliber, even).  The state just tried to muck it up with allegations that the defendant was a gang member and a bad person, etc.  However, justice did prevail!

    Excellent (none / 0) (#7)
    by andgarden on Thu May 07, 2009 at 03:10:49 PM EST
    That's great news! (none / 0) (#8)
    by Jeralyn on Thu May 07, 2009 at 03:10:53 PM EST
    Congrats to your wife. The gang laws are awful and the Dems, like Feinstein, are pushing another one this year.

    Are you going celebrating?

    Parent

    I think we (none / 0) (#10)
    by eric on Thu May 07, 2009 at 03:12:26 PM EST
    may save the celebrating for this weekend.  I'll pass the congrats along.

    Parent
    Lots of good news.... (none / 0) (#9)
    by kdog on Thu May 07, 2009 at 03:11:44 PM EST
    on the acquittal front...way to go Mrs. E!

    Parent
    cheers (none / 0) (#64)
    by Capt Howdy on Fri May 08, 2009 at 09:42:42 AM EST
    I forgot to do that yesterday.

    Parent
    Obama announces cutting 121 programs (5.00 / 1) (#27)
    by jbindc on Thu May 07, 2009 at 03:55:52 PM EST
    However, one of the programs to be cut is the Los Alamos Neutron Science Center Refurbishment.  Obama just signed a bill 2 months ago giving this Center $19 million and now he's cutting it.

    Interestingly, one of the 121 cuts the White House is touting today is the "Los Alamos Neutron Science Center Refurbishment."

    Says the White House: "The programs in Terminations, Reductions, and Savings are ones that do not accomplish the goals set for them, do not do so efficiently, or do a job already done by another initiative. They include: ... Los Alamos Neutron Science Center refurbishment ($19 million). The linear accelerator housed here was built 30 years ago and no longer plays a critical role in weapons research."

    The president actually signed a bill giving $19 million to that very same program when he, behind closed doors, signed the omnibus spending bill in March that contained roughly $8 billion in earmarks, as Sen. Jeff Bingamin, D-NM, heralded in a press release.

    "U.S. Senator Jeff Bingaman today reported that President Obama has signed a spending bill that contains funding for important northern New Mexico initiatives," read a Bingamin press release from March 2009. "Bingaman worked to set aside funding for northern New Mexico projects.  They include: ... $19.3 million for rebuilding the Los Alamos Neutron Science Center accelerator so the lab can use it to diversify into new science missions."

    Can someone explain this to me?

    It's not his fault, nor is it Congress' (5.00 / 2) (#29)
    by scribe on Thu May 07, 2009 at 04:11:47 PM EST
    that you don't understand.  It's your inability to see in 11 dimensions which is precluding you from realizing that there is no inconsistency here.  Rather, since the linear accelerator will appear to you to be both funded and defunded at the same time, it's a failure of your perception.

    Don't fell bad about it.  Not everyone can do the 11-dimensional thing.

    Parent

    Yeah (5.00 / 1) (#32)
    by jbindc on Thu May 07, 2009 at 04:25:35 PM EST
    I'm just behind the 8-ball. I can only see in 3 dimensions.

    Thanks for explaining it to me. :)

    Parent

    Not a problem. (5.00 / 0) (#37)
    by scribe on Thu May 07, 2009 at 04:37:01 PM EST
    It's nothing personal....

    Parent
    NO NO and NO (5.00 / 1) (#45)
    by lentinel on Thu May 07, 2009 at 05:30:17 PM EST
    It is YOUR difficulty in recognizing the inpentrableble yet clearly marked substances of willingness.

    Foreignaires and regional wantings have every consistency to belabor the undivided.

    It is a God-given limon that says not to fathom the breakfast of the kingdom of governmental slander, warts and all.

    Tennis, anyone?

    Parent

    Fairly simple (5.00 / 1) (#31)
    by coast on Thu May 07, 2009 at 04:25:09 PM EST
    The government giveth,the government taketh away, and sometimes they goof and do both.  You're not really suppose to ask questions.

    Parent
    Appropriating money (none / 0) (#30)
    by Bemused on Thu May 07, 2009 at 04:19:31 PM EST
     is a legislative act. Actually spending it is an executive act. Presidents and governors frequently dcline to spend appropriated money. That's completely constitutional and the the ramifications are purley political (pissing off legislators who want the money spent and who might retaliate if they think they can by with it).

      That Obama would sign an omnibus appropriatins bill containing earmarks he intended to withhold is not at all unusual. Presidents don't have a line titem veto and must either sign or veto an appropriations bill in toto, but they don't have to allw all the money to be spent (but they can't spend it on something other than the purpose for which it was approriated).

    Parent

    Thank you (5.00 / 1) (#34)
    by jbindc on Thu May 07, 2009 at 04:27:39 PM EST
    Actually, I was just being snarky and pointing out (as with the federal funding of stem-cell research), we hear one thing being touted as great by a member of Congress or the administration, but in reality, the opposite is going on.

    Parent
    Speaking of juries, (none / 0) (#1)
    by sarcastic unnamed one on Thu May 07, 2009 at 03:01:49 PM EST
    a friend of mine's on the Snoop Dogg $22 million "fan beatdown" jury. They start deliberating today.

    How do you know that? (none / 0) (#13)
    by jbindc on Thu May 07, 2009 at 03:19:57 PM EST
    Jurors are usually supposed to tell what cases they are on until after the trial is over.

    Parent
    Deductive reasoning on my part. (none / 0) (#14)
    by sarcastic unnamed one on Thu May 07, 2009 at 03:24:10 PM EST
    It's not rocket science.

    Parent
    Odd Day (none / 0) (#2)
    by MileHi Hawkeye on Thu May 07, 2009 at 03:04:45 PM EST
    Today, 05/07/09 is one of six days this century that contains consecutive, sequential odd numbers.  Hence, it is Odd Day.  

    Can you figure out the other 5?  

    Hmmm... (5.00 / 1) (#6)
    by kdog on Thu May 07, 2009 at 03:10:05 PM EST
    1/3/05, 3/5/07, today, 7/9/11, 9/11/13, 11/13/15 Right?  Swear I didn't cheat:)

    Though the last two are after the world ends, so do they even count?

    Parent

    A gold star... (none / 0) (#11)
    by MileHi Hawkeye on Thu May 07, 2009 at 03:16:01 PM EST
    ...and a smiley face for you, my friend!

    Parent
    Numeracy! (none / 0) (#54)
    by oldpro on Thu May 07, 2009 at 08:29:39 PM EST
    My personal favorites are 1.1.01 and 10.10.10 (if I live to see it!)  And, of course, the standard 2.02.02, 3.03.03, etc. are attention getters.

    Parent
    Only a handful of those left... (5.00 / 1) (#57)
    by MileHi Hawkeye on Thu May 07, 2009 at 08:55:11 PM EST
    ...in this century too.  09/09/09, 10/10/10, 11/11/11 and 12/12/12. Then there are the consecutive prime numbers--1/3/05, 3/5/07, 5/7/11, 7/11/13 and 11/13/17.

    Might even have to buy a lottery ticket on the 9's as its one of favorite #'s.

    Parent

    speaking of (none / 0) (#19)
    by Capt Howdy on Thu May 07, 2009 at 03:32:34 PM EST
    have you seen this trailer?

    Parent
    Didn't know there... (none / 0) (#24)
    by kdog on Thu May 07, 2009 at 03:44:45 PM EST
    was a film in the works...I'll peep it later when I have sound.

    Thanks bro.

    Parent

    Woo-Hoo!!!... (none / 0) (#3)
    by kdog on Thu May 07, 2009 at 03:05:58 PM EST
    Tickets secured, lock it up for kdog and the crew...July 4th, Levon's farm...Happy Birthday USA with a Midnight Ramble.

    Be there or be square:)

    also of note (none / 0) (#12)
    by Bemused on Thu May 07, 2009 at 03:18:26 PM EST
    Tickets for Bob Dylan's summer tour (with willie Nelson and John Mellencamp) are now on sale See  Bobdylan.com for details. The tour is hitting minor league ballparks again.

    Parent
    That's another goody.... (none / 0) (#15)
    by kdog on Thu May 07, 2009 at 03:24:44 PM EST
    thanks for the heads up!

    Parent
    OMG - Woodstock! (none / 0) (#56)
    by oldpro on Thu May 07, 2009 at 08:36:00 PM EST
    this sounds harmless enough, right? (none / 0) (#5)
    by Capt Howdy on Thu May 07, 2009 at 03:09:07 PM EST
        
    Here she comes: Saudi's Miss Beautiful Morals

    What they're looking for in the quest for "Miss Beautiful Morals" is the contestant who shows the most devotion and respect for her parents.

    ---

    that is, until you follow it to its logical conclusion


    Taliban Execute Eloping Afghan Couple

    "An unmarried young boy and an unmarried girl who loved each other and wanted to get married had eloped because their families would not approve the marriage," Azad said.
    "Three Taliban mullahs brought them to the local mosque and they passed a fatwa (religious decree) that they must be killed. They were shot and killed in front of the mosque in public," the governor said.

    I posted this earlier (none / 0) (#16)
    by jbindc on Thu May 07, 2009 at 03:27:36 PM EST
    But I'm posting again here:

    Jan Crawford Greenburg is reporting on the fact that John Yoo cannot be disciplined on her blog.

       

    It appears John Yoo cannot be disciplined or disbarred for writing those memos, even if the Office of Professional Responsibility says it has evidence he should be.

        That's because OPR's five-year investigation--carefully timed for release only as Bush was leaving the White House and Obama was coming in--dragged on too long. As a result of that timing, OPR blew the deadline for referring possible misconduct allegations against Yoo.

        John Yoo is admitted to the bar in Pennsylvania. But the Pennsylvania Disciplinary Board, which would investigate any complaints against him, imposes a four-year limitation for complaints.

        Yoo wrote the memos in 2002 and 2003. This is 2009. You do the math.

        Here's the pertinent section, from the state's Disciplinary Board Rules:

        "The Office of Disciplinary Counsel or the Board shall not entertain any complaint arising out of acts or omissions occurring more than four years prior to the date of the complaint."

        There are a few exceptions--that the lawyer concealed a crime, for example--which don't apply.

    SNIP

       

    And what about Bybee? Now a federal appeals court judge, Bybee is admitted in DC and Nevada--those jurisdictions don't have comparable limitations periods. But how strange would it be to only refer Bybee, when his involvement largely amounted making a few edits and signing Yoo's legal work?

        Then there's the report itself. The bar for disciplinary action is incredibly high. Legal ethics experts, like Geoffrey Hazard at the University of Pennyslvania, say they expect nothing to happen, even if the state disciplinary boards were to investigate.

        Hazard says Yoo and Bybee have a number of strong available defenses, and that it's awfully hard to say the memo was so "outside the range of plausible lawyered judgment that no reasonable lawyer could render it." Without that, he says, there's no ethical violation.

    I've seen calls for him to disciplined in DC, but DC has no standing to do so, since he was not licensed here (and didn't have to be under DC Bar Rule 49(c) because he worked for the federal government).

    Bad English (none / 0) (#17)
    by jbindc on Thu May 07, 2009 at 03:28:30 PM EST
    It should say, "Jan Crawford Greenberg is reporting on her blog that John Yoo cannot be disciplined."

    Late in the day - my bad.

    Parent

    how about (none / 0) (#18)
    by Capt Howdy on Thu May 07, 2009 at 03:28:54 PM EST
    tarring and feathering?  could we do that?

    Parent
    For me? (none / 0) (#20)
    by jbindc on Thu May 07, 2009 at 03:36:51 PM EST
    For using bad grammar?  :)

    Oh....you mean for Yoo and Bybee (I hope)

    Parent

    absolutley (5.00 / 0) (#28)
    by Capt Howdy on Thu May 07, 2009 at 04:02:36 PM EST
    and for cell phone usage while driving.  just kidding.
    actually, I apologize for that tasteless remark.
    I always heard about tarring and feathering but I never had any idea what it was really about.
    then came the HBO series Carnival.  one of the best things ever made for TV.
    in one episode a man is tarred and feathered and you really see what happens to someone when boiling hot tar is applied to the whole body including the mouth and face.


    Parent
    Try buying tar sometime (none / 0) (#26)
    by scribe on Thu May 07, 2009 at 03:49:23 PM EST
    It's almost impossible to find.  A relative wanted to tar a split tree trunk and needed, you know, maybe a quart of tar.  Couldn't find it anywhere.  Newfangled hardware big-box, old local bins-o'-nails 'n' everything else hardware stores - nowhere.

    Then again, Yoo and his memos did approve of putting a guy in a box with a bug, so I suppose some honey and and anthill might do....

    Parent

    Roofing tar (none / 0) (#33)
    by eric on Thu May 07, 2009 at 04:26:12 PM EST
    is readily available.  I wouldn't put that on a tree, though.  It would work on Yoo, though.

    Parent
    The guy (none / 0) (#21)
    by eric on Thu May 07, 2009 at 03:37:06 PM EST
    doesn't practice law, nor will he probably ever want to in the future, so I doubt he even cares.

    Parent
    At least one paper (none / 0) (#23)
    by jbindc on Thu May 07, 2009 at 03:41:20 PM EST
    reports that it could matter:

    If the tenured law professor is disbarred or his law license is suspended it will place significant pressure on UC Berkeley to fire him.


    Parent
    I doubt (none / 0) (#25)
    by eric on Thu May 07, 2009 at 03:46:48 PM EST
    Berkeley would care.  It hired this monster and it knows what he did. Because some state bar disciplines him is neither here nor there.  I suppose they could use it as and excuse to do something about him, but it wouldn't be the reason.  They have all the reason they need right now, and they aren't doing it.

    Parent
    poor little piggy (none / 0) (#22)
    by Capt Howdy on Thu May 07, 2009 at 03:37:18 PM EST
    Afghanistan's only pig quarantined in flu fear

    even still
    he probably has a greater life expectancy than any pig in north america.

    That pig is better off... (none / 0) (#35)
    by desertswine on Thu May 07, 2009 at 04:31:23 PM EST
    than the ones in the Baghdad Zoo; they got slaughtered.

    Parent
    And he probably lives better than (none / 0) (#36)
    by scribe on Thu May 07, 2009 at 04:36:36 PM EST
    the hogs raised for American tables.

    Parent
    the ones in the meat factories (none / 0) (#38)
    by Capt Howdy on Thu May 07, 2009 at 04:41:47 PM EST
    without a doubt.

    Food Inc.

    "there is an effort to make it illegal to publish a photo of any industrial food operation.

    Parent

    NJ Court (none / 0) (#39)
    by jbindc on Thu May 07, 2009 at 04:44:44 PM EST
    says city ordinances can't ban where sex offenders live.

    New Jersey's Supreme Court ruled on Thursday that towns cannot ban sex offenders from living near schools, parks, or other places where children gather.

    The court struck down two municipal ordinances that restricted where convicted sex offenders could live, a ruling that invalidates similar laws in more than 100 other towns across the state.



    that whole concept (none / 0) (#40)
    by Capt Howdy on Thu May 07, 2009 at 04:48:38 PM EST
    always seemed horrendously unjust to me.  if someone is dangerous, lock them up.
    if not leave them alone.

    but then I dont have kids.


    Parent

    I see your point (5.00 / 1) (#41)
    by jbindc on Thu May 07, 2009 at 04:57:24 PM EST
    Pedophiles aren't like other criminals, though - they can't be "rehabilitated", and since they can't be locked up after they have served their time, it's a big problem.

    I don't have kids either, but I would not be happy if I did and a convicted pedophile moved into my neighborhood.

    Parent

    Unfortunately (5.00 / 1) (#42)
    by TeresaInSnow2 on Thu May 07, 2009 at 05:08:31 PM EST
    the "non-convicted ones" are also a problem.

    Parent
    Actually (none / 0) (#47)
    by phat on Thu May 07, 2009 at 05:48:44 PM EST
    Sex offenders have recidivism rates lower than other crimes. Plenty get rehabilitated.

    Parent
    That is opposite of everything I've heard (5.00 / 1) (#49)
    by Dr Molly on Thu May 07, 2009 at 06:30:45 PM EST
    on this subject. Do you have a link to some data on this?

    Parent
    We've had this discussions before (none / 0) (#62)
    by jbindc on Fri May 08, 2009 at 08:28:50 AM EST
    I think you mean "sex offenders" as a whole, and not pedophiles necessarily, may have a lower recidivism rate.  Even if your statistics are right, this has nothing to do with whether they continue to abuse children - it just means they may not get caught again.

    Parent
    Same (none / 0) (#65)
    by CST on Fri May 08, 2009 at 10:15:55 AM EST
    could be said for any other type of crime.  There is no particular reason to believe a sex offender is less likely to get caught again then say a drug dealer or a thief or whatever.

    Parent
    Doesn't make sense? (5.00 / 1) (#50)
    by Dr Molly on Thu May 07, 2009 at 06:32:51 PM EST
    So you're in favor of locking up convicted sex offenders for life without parole, then?

    if someone is dangerous, lock them up.
    if not leave them alone.

    I think the idea is that they're no longer in jail, but still dangerous to children.

    Parent

    I thought I was pretty clear (none / 0) (#63)
    by Capt Howdy on Fri May 08, 2009 at 08:55:12 AM EST
    if they are dangerous lock them up.  if they are not dangerous leave them alone.

    yes, if its clear they are a continuing danger to children lock them up for life.  even in their own house.  they are getting really good at that.
    if they are not leave them alone.

    seems quite sensible to me.

    Parent

    I'm with you (none / 0) (#43)
    by TeresaInSnow2 on Thu May 07, 2009 at 05:10:40 PM EST
    Many criminals can't be rehabilitated.  However, if you use that fact to prevent them from being mainstreamed into society, you are pigeonholing them into a life of crime.

    If convicted pedophiles have nowhere to live peacefully, they'll run, and what good does that bring?

    Yes, I'm definitely with you.

    Parent

    More (none / 0) (#44)
    by lentinel on Thu May 07, 2009 at 05:22:53 PM EST
    Slaughter of civilians in Afghanistan.
    Slaughter of civilians in Afghanistan.

    Roger "the Dodger" for Governor? (none / 0) (#46)
    by easilydistracted on Thu May 07, 2009 at 05:38:36 PM EST
    Will the insanity ever end. He would probably win.

    Padres beat Colorado with (none / 0) (#48)
    by oculus on Thu May 07, 2009 at 06:12:15 PM EST
    a walk off single, bottom of the 10th.  Yes, Heath Bell pitched the top of the 9th inning.  

    Another local note:  Ellen Revelle died at age 90.  One of the Scripps family.  Very generous to local charities and non-profits, including La Jolla Music Society.  She single-handedly preserved a wonderful Victorian cottage and the land around it as a new home for the historical society.  She helded Roger Revelle found UCSD.  

    Hmmm. (none / 0) (#61)
    by MileHi Hawkeye on Fri May 08, 2009 at 08:22:43 AM EST
    I think the Rox were playing the Giants yesterday.  I'm also pretty sure that they didn't lose on a walk-off single in the 10th as they got beat pretty bad.

    Parent
    Another reason not to like Pelosi (none / 0) (#51)
    by NJDem on Thu May 07, 2009 at 07:02:05 PM EST
    link

    And I missed yesterday's cell phone while driving discussion, but may I add that there's nothing, nothing more distracting than having kids in the car--especially during a tantrum or when the kids are fighting (over nothing, of course).  

    Clearly this can't be banned, but I just wanted to add my 2 cents that, IMO, it's about personal responsibility and using good judgment--not talking, eating, smoking, etc.  

    I never thought about it till I saw (none / 0) (#52)
    by NJDem on Thu May 07, 2009 at 07:40:24 PM EST
    this article--"Is the White House keeping Clinton off Sunday TV?"

    And then I thought about how I had meant to reply to a comment the other day linking to the SOS apologizing for the deaths of 100 civilians. I wanted to question why it came from State and not Defense or the Pres or even VP.  

    I don't know...It is in HRC's nature to be the workhorse, do the dirty work--so to speak--and let others get the spotlight.  

    I accept the primaries as history (i.e. important to learn as an great indicator of the future) and I'm not trying to dig up past wars.  I am just curious why she's never been on the Sunday shows?  Maybe it was her call--fearing good old fashioned CDS?  Then again, she went on O'Reilly.  I really don't know...

    Well, seeing as she has logged over 70,000 miles (none / 0) (#58)
    by nycstray on Thu May 07, 2009 at 09:09:12 PM EST
    perhaps she has better things to do? O did mention an apology also I heard today. Clinton is generally on top of these things and more reactive (as in taking action, not "reactive" O.M.G.) so it may be their preferred working system. She talks  to him and then publicly covers the diplo end and he does what he does when he does.

    Honestly, she does get a fair amount of coverage on the work she does. I hear her name popping up on the news etc. I really doubt she went into this with a notion she would be silenced or that she would stand for it. They do like to control the message, but anyone that saw her before the Foreign Relations committee the other day pretty much knows she's on board. She was damn impressive, imo.

    Parent

    I wondered also why the first statement (none / 0) (#59)
    by oculus on Thu May 07, 2009 at 09:11:44 PM EST
    was from her.  But she was meeting with Karsai and Pakistan's rep. in D.C.  

    Parent
    That makes sense about (none / 0) (#60)
    by NJDem on Thu May 07, 2009 at 10:14:07 PM EST
    her timing meeting with the leaders.

    I guess I just remember Rice and Powell on MTP quite a bit--both on the set and via satellite.  No doubt she's quite busy though!

    Parent

    The Hill reports that the CBC (none / 0) (#53)
    by oldpro on Thu May 07, 2009 at 08:23:26 PM EST
    (Congressional Black Caucus) is pressing to name one of their members (Bobby Scott) to the Supreme Court opening.  Looks like he'd be a good candidate, all things being equal.

    Personally, I'm hoping for  a black or Hispanic lesbian.

    Don't I recall that the CBC put the heat on to accept Roland Burris to fill Obama's senate seat?  Now the question is, 'will he run for election?' Can he raise money?  A primary Dem opponent already has over $1M in hand.

    Scott is a real long shot (none / 0) (#55)
    by andgarden on Thu May 07, 2009 at 08:30:14 PM EST
    He's male, he's a little old, and he has a political record.

    As to Burris. . .he's done. He should enjoy his remaining time in the Senate.

    Parent