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Saturday :: November 17, 2007

Taser Death Sparks Uproar in Canada

A taser death captured on video at the Vancouver airport has caused an uproar in Canada.

The shocking death of a Polish traveler who was confronted by policemen with stun guns at the Vancouver airport last month has shamed Canada and its federal police, editorials said Friday.

A bystander's video released late Wednesday showed Robert Dziekanski dying after a bizarre series of events that culminated in police approaching him on October 14 and, in less than one minute, zapping him repeatedly with a Taser stun gun. The 40-year-old immigrant had traveled to Canada to live with his mother.

The Globe and Mail accuses the RMCP of conducting a disinformation campaign and calls the incident a "summary execution of an innocent man for the crime of being disoriented, for not understanding, for being a stranger."

How long did the police wait before tasering the man, who did not speak English? 24 seconds. He was not a threat to anyone else and was not resisting arrest. They needed an interpreter, not a a taser gun.

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Battle of the Forms

A provision of the UCC, as a point of illustration, not necessarily an expression of the governing law in this case (this is not a contract for goods):

Unless otherwise unambiguously indicated by the language of the offer or the circumstances: An offer to make a contract invites acceptance in any manner and by any medium reasonable under the circumstances. . . . a definite and seasonable expression of acceptance may . . . create a binding obligation . . .

It has been reported that T. Boone Pickens made this offer:

Texas oilman T. Boone Pickens' offer of $1 million to anyone who can disprove even a single charge of the Swift Boat Veterans for Truth.

Presuming Pickens did make such an offer to "anyone," his response to John Kerry's acceptance of Pickens' offer seems at material variance to Pickens' original offer. You see, Pickens now is demanding:

Pickens wrote Friday in a letter faxed to Kerry, "I am certainly open to your challenge," but he said he would not pay Kerry unless the senator first provided him with copies of his wartime journals, as well as movies he shot while on patrol and his complete military records for 1971 to 1978.

Obviously only John Kerry could provide such documents. But Pickens' offer was to "anyone." I believe that Pickens has now made John Kerry a second offer for $1 million.

It would be interesting if Kerry also accepted Pickens' second offer. One would expect that Pickens will welch on that one too of course. But it would be fun to watch him squirm.

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Canada Denies Asylum to U.S. Deserters

Jeremy Hinzman and Brandon Hughey fled to Canada to avoid being shipped to Iraq. The Canadian Supreme Court yesterday denied their appeal for asylum.

Desertions are at their highest since 2001 and growing steadily.

More disturbingly, the pace of Army desertions appears to have increased even during fiscal 2007: 63.6 percent of the year’s 4,698 desertions were recorded from April through September, according to Army data.

The desertion rate is up 80% since the Iraq war began in 2003.

A CBS investigation has found a suicide epidemic among veterans. The suicide rate is 120 per week.

At least 6,256 US veterans committed suicide in 2005 -- an average of 17 a day -- the network reported, with veterans overall more than twice as likely to take their own lives as the rest of the general population.

As to why Canada shut the door:

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Writers' Strike: Talks to Resume Nov. 26

A light at the end of the tunnel?

In a joint statement, the Writers Guild of America and the Alliance of Motion Picture and Television Producers said both sides had agreed to return to formal negotiations. The statement said no other details would be released.

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Friday :: November 16, 2007

Markos' First Newsweek Column Up: The Iraq Funding Bill

Newsweek's newest political contributor, Markos of Daily Kos, has his first column up about the war funding bills and how Democrats so far have failed to keep their promise.

It's the second most widely read article on Newsweek's site. Go on over and read it. Besides being really good, it'd be great to push him to Number One. A snippet:

If Reid and Pelosi stand firm they will finally fulfill one of their key 2006 campaign promises, proving they have the courage to stand tough for what they believe, while giving the vast majority of the American people what they want.

If they yield they will reinforce perceptions of Democratic weakness. Worse, they will be siding with an unpopular president and an unpopular Republican Party over an unpopular war, and their own popularity will suffer as a result.

The options to those of us outside of the Beltway are so obvious it's truly unfathomable that we are still left wondering which path the Democrats will take.

Congress is now on a two week break. The Senate returns December 3 and the House on December 4.

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Rudy Speaks at Federalist Society Meeting

Rudy Giuliani was the only Republican presidential candidate to speak at the Federalist Society meeting today in Washington, introduced by his pal and advisor Ted Olson.

Why? Think, the loyal Rudy:

Giuliani was the only presidential candidate to speak to the group, a testament to his close ties to Olson and other prominent members of the organization. Several of them are advising his campaign and have served as a bulwark for Giuliani against criticism from social conservatives.

As for what he said: He'd appoint more judges like Alito, Thomas and Scalia. He threw in some religion:

"There are some people I think nowadays that doubt that America has a special, even a divinely inspired role in the world," he said.

And of course, some terrorism.

"It was this nation that saved the world from the two great tyrannies of the 20th century, Nazism and Communism," he said. "It's this country that's going to save civilization from Islamic terrorism."

The prospect of Rudy gets scarier every day. The Democrats need to stop their bickering and save their attacks for their Republican rivals.

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Saudi Gang Rape Victim's Sentence Increased to 200 Lashes

Saudi Arabia's Qatif General Court has revised the sentence of a 19 year old gang rape victim. The woman was originally sentenced to 90 lashes for being in the company of a male who was not a family member. But, because she and her lawyer publicized her plight, her sentence has been increased to 6 months in jail and 200 lashes.

Her lawyer, civil rights activist Abdulrahman al-Lahem, has been removed from the case, stripped of his law license and told to show up for a disciplinary hearing next month.

No matter how many times I read this article, I just keep shaking my head. How is it possible that Sharia law still exists? Just another reason to keep religion and government separate.

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Barry Bonds and Perjury

It's the cover-up that always gets them. Baseball giant Barry Bonds was indicted yesterday on four counts of perjury and one count of obstruction of justice.

In the indictment, federal prosecutors said Bonds lied when he denied (to the grand jury)using a long list of banned drugs, including steroids, testosterone, human growth hormone and "the clear," the undetectable designer steroid marketed by BALCO.

....Bonds also lied when he testified that his longtime personal trainer, Greg Anderson, had never injected him with drugs, the government contended. The trainer, who was imprisoned for contempt of court after he refused to testify against Bonds, was freed Thursday night, hours after Bonds' indictment was unsealed.

Interestingly, Anderson never flipped. He did three months on his own steroid-related case and a year on the contempt charge for refusing to give up Bonds. Because the grand jury concluded and there was no longer any need for him to testify, the Judge let him out.

Bonds has grown a bit since he entered baseball. [More...]

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Fact Checking Rudy's Reconstruction of His Economic Record

The Boston Globe fact checks Rudy Giuliani's claims about his record with respect to tax cuts and the budget deficit during his mayoral tenure.

A sample:

Giuliani and his campaign often say that he "turned a $2.3 billion deficit into a multibillion-dollar surplus." But both the Citizens Budget Commission, a probusiness watchdog group, and the Independent Budget Office, a city-funded fiscal watchdog organization, said Giuliani left his successor, Michael Bloomberg, a projected budget deficit equal to or larger than the one Giuliani inherited from David Dinkins, the previous mayor.

Rudy's first term was okay but spending proliferated during his second term.

....in the final years of his second term, as city coffers brimmed with taxes generated by the stock market boom, city spending soared well above the inflation rate and nearly all of the surplus in his last year was spent. Giuliani generated annual surpluses in part by routinely lowballing revenue estimates.

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Alberto Gonzales' Legal and Financial Woes Mount

Friends of former Attorney General Alberto Gonzales have started a trust fund to collect money for his legal fees. They say as a career service employee, he doesn't have the funds to pay his mounting legal fees himself for the ongoing investigating into whether he lied to Congress or obstructed justice about the U.S. Attorney firings.

Jason at Truthout has a new article today on the evidence collected against Gonzales by the fired AUSA's.

If the DOJ's inspector general investigation concludes further investigation into possible federal crimes is warranted and refers the case to the US attorney's office for the District of Columbia to probe the matter, McKay said a special prosecutor should be appointed instead because the US attorney in DC is Gonzales's former chief of staff.

Here's more on Jeffrey Taylor, U.S. Attorney for the District of Columbia.

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Who's the Unnamed News Corp Official in Regan's Lawsuit?

Wayne Barrett of the Village Voice believes the first of the two unnamed senior Fox officials named in Judith Regan's lawsuit is Roger Ailes. He's said so on Countdown, Democracy Now and the Abrams Report. Salon has more.

"The funny thing about Judith Regan's complaint is that she doesn't refer to Roger Ailes by name for the first 16 pages, right?" Barrett told Keith Olbermann of MSNBC on Wednesday. "But Roger Ailes is ... clearly the person she is referring to as this senior executive who made all these suggestions to her." The next day, on "Democracy Now," host Amy Goodman opened her segment with Barrett by stating as fact that "Regan ... was talking about Roger Ailes." Barrett responded, "I'm sure you're correct."

Another Salon article adds more dates to the timeline:[More]

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An Unintended Consequences Case With Racial Overtones

I'm aware of felony murder laws, in which one participant in, say a bank robbery, is held liable for murder if another participant kills someone during the course of the crime or the getaway, but this California case is going a step further.

LAKEPORT, Calif. - Three young black men break into a white man's home in rural Northern California. The homeowner shoots two of them to death - but it's the surviving black man who is charged with murder.

In a case that has brought cries of racism from civil rights groups, Renato Hughes Jr., 22, was charged by prosecutors in this overwhelmingly white county under a rarely invoked legal doctrine that could make him responsible for the bloodshed.

The murder charge is based on California's Provocative Act doctrine --

The Provocative Act doctrine does not require prosecutors to prove the accused intended to kill. Instead, "they have to show that it was reasonably foreseeable that the criminal enterprise could trigger a fatal response from the homeowner," said Brian Getz, a San Francisco defense attorney unconnected to the case.

The doctrine is used so rarely the NAACP is alleging the charges are racially motivated. It's also are asking why the homeowner wasn't charged with murder.

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