Wednesday, November 18, 2009

Another fine mess!

it never ceases to amaze me. We have some people serving in our government who just don't give the impression that they actually paid attention in class during law school. Case in point today: The President of the United States, and his Attorney General, Eric Holder, both have opined today that there will be convictions and executions in the 9/11 cases. Way to go and prejudice the jury pool! Headlines are all over the internet are screaming things such as "Obama, Holder predict conviction in 9/11 case"
http://news.yahoo.com/s/ap/20091118/ap_on_go_pr_wh/us_sept11_trial
And "Obama: Alleged 9/11 leader will be executed" http://www.msnbc.msn.com/id/34015727/ns/us_news-security/

Here's a part of the interview: "In an interview with NBC News, Obama said those offended by the legal privileges given to Mohammed by virtue of getting a civilian trial rather than a military tribunal won't find it 'offensive at all when he's convicted and when the death penalty is applied to him.'
Obama quickly added that he did not mean to suggest he was prejudging the outcome of Mohammed's trial. 'I'm not going to be in that courtroom,' he said. 'That's the job of the prosecutors, the judge and the jury.' " http://www.msnbc.msn.com/id/34015727/ns/us_news-security/ Too late, now, but it looks like you already prejudged and announced it, thereby tainting the jury pool.

Now, personally, I believe that these defendants, committed an act of war on the United States, and should be tried in military tribunals. But, the President and his AG, in their infinite legal wisdom, decided they should be tried in our criminal courts, where, in the United States, there is a presumption of innocence. The burden of proof is on the Government. Even if they both missed that specific day of law school class on the presumption of innocence, how could they watch TV and not learn that simple precept? Okay, I'll admit, I may have an edge over these two as I actually did attend that class at law school (and, indeed graduated from law school), so maybe I am a bit too hard on them. Just joshing, there, no, I am not being too hard. Once again, we have what appears to be a rush to judgment (anyone remember how the President defended his buddy, the Harvard Law professor, before he knew all the facts? See my prior blog about this - Friday, July 24, 2009.). Now we have him convicting and executing the so-called mastermind, but months go by and he is unable to make a decision about Afghanistan and the general's request for troops.

Frankly, if I were a defense attorney for these defendants, I'd be doing a happy dance today. The jury pool from the whole country has now been tainted (come on, you cannot use your position as President of the United States to discuss convictions in trials that haven't even started and expect not to have your followers march in step with you on this issue too. IT'S JUST COMMON SENSE!). Additionally, if these defendants are convicted, and if they are placed on death row, the President and his AG have just wrapped up a lovely holiday present for their attorneys with multiple grounds for appeals.

Kudos, guys. Here's another fine mess you've gotten us into.

Thursday, November 5, 2009

An open letter to Senator Lieberman

I've supported Senator Lieberman for many years, although I do not always agree with what he says or does. However, I am convinced that, unlike other elected representatives who, once elected, only serve their party masters, Senator Lieberman thinks for himself and votes his conscience. That's why I have to thank him here, and I already sent to email below to him, for his stance on that 2000+ page monstrosity. Stay strong Senator, and don't back down. We have a doctor-patient privilege, and the government has no right to either break it, or to tell my doctor how to treat me (which is what the government is doing by fining doctors, under these bills, for treatment plans that exceed what the government deems appropriate).

Senator Lieberman:
Please continue to stand up against this ridiculous excuse of a bill for so-called health care reform (actually, all the incarnations of the different bills have been pretty ridiculous). As an attorney, I am appalled at the mess Congress has made drafting this legislation. The American people do not have the funds to pay over a trillion dollars to insure 15 million people. It's an appalling plan. It would be far more cost effective to give those 15 million uninsured American citizens the money to buy their own health insurance. After all, the various bills floating around the Capitol do absolutely nothing to reduce the cost of health care. Cutting the amount of money people can contribute to their health flexible spending accounts results in a tax on the middle class - sadly, too many of your colleagues think that the American people are too stupid to realize that.

Your colleagues need to be reminded that they neither work for Nancy Pelosi, the President, themselves, nor the Democratic Party. All the elected representatives work for the American people.

There has been enough reckless spending on the part of Congress. The federal government has failed at all businesses it has tried to run: USPS, Medicare, Medicaid, Amtrack, Social Security, etc. There is no way the government can be trusted with the health care of the American people.

Health care reform should start with allowing people to buy insurance across state lines in order to reduce costs; it should require insurance companies not to deny coverage for "pre-existing conditions"; it should encourage people to have health care spending accounts. All of which could be handled in a bill of 20 pages, not 2000 plus.

Again, thank you for standing up against these atrocious plans. Please continue to do so.

It has to be said. . . .

Congratulations to the New York Yankees on number 27!

Monday, November 2, 2009

Yes We Can - Take Back Our Country !

Tomorrow, November 3, 2009, is election day. Now, yes, it is an "off-year" election for most of us, but if that's the case for you, I urge you to vote anyway. Spend today reading up about your local candidates. Choose the candidate you will vote for not based upon party affiliation, but upon their qualities: intelligence, character, fitness for the job. Please, never again vote a party line. This country is presently being run by people who think they work for the political party, and not the people who elected them, and that is why the country is in its present condition.

As for those voting in larger elections, I urge you too to vote, and to make your choices carefully. It would be truly wonderful if the independent candidate for governor could win in New Jersey. Can you imagine how great it would be to have someone running the state who was beholden to no political party? And, Virginia has the ability to send a message to Washington DC and put the breaks on its spending the country into unprecedented deficits - elect the Republican candidate for governor, please!

Go vote tomorrow. Exercise your freedom to vote and protect your freedom to vote. And, please, let's all work to get the incumbents who can't seem to listen to their constituents out of office.

Enjoy your freedom!