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Archive for the ‘lawsuits’ Category

House Passes FISA Update, Bill Expected to Become Law

Saturday, June 21st, 2008

spying

The entire liberal media is telling you the FISA bill passed by the House Of Representatives on friday is the end of civil rights, the death of our Constitution, an example of Democrats caving to the lawless Bush administration, etc, etc. They try to drum this stuff into your head constantly, in the hope that you will forget what happened on 9/11, in the hope that you will forget WHY the Bush administration took the national security actions they took following that tragic attack, the worst ever on our homeland. They don't want you to ponder the REAL reasons for Bush's spying, because then it might look like Bush was only attempting to keep America safe from further attack, which is, after all, the job of the President. No, the liberal media wants you to believe Bush just woke up one day and illogically decided it was time to be a dictator and trample on the citizenry, for no reason really, just because Bush is an evil lawless tyrant and that's what evil lawless tyrants do. The liberal media wants you to know evil has a name, and that name is Bush. Also, the liberal media wants you to know that Bush=McCain=Republicans, just so there won't be any mistake. This IS an election year, after all.

But I assume most of you can see through the liberal media's shallow attempts at deception. Most people have the capacity for rational thought. This post is for you. I'll attempt to tell you what the new FISA update is really about.

In spite of the overblown protestations of the liberal media, many Democrats, most terrorist appeasers, and all outright Al Qaeda members, the new FISA bill is not the death of civil rights. There will be oversight of domestic spying with this new bill. It establishes a measure of balance between monitoring suspected terrorists and privacy concerns. It also attempts to establish limits on the president's executive powers. It spells out areas of domestic and international spying that needed to be spelled out.

The biggest sticking point to passage of the bill had been the provision to shield the telecommunications companies from lawsuits following the telcoms post-9/11 cooperation with the government in tracking terrorists. 40 such lawsuits were in the wings. None of the 40 persons or groups that wanted to sue the telecoms had any idea if their phones were monitored or if their rights were infringed. They just wanted to sue on principle. Democrats were hesitant to bargain away those lawsuits. The new FISA bill will shield the telcoms from lawsuits if the telcoms receive certification from the attorney general that the president ordered them to perform wiretaps to detect or prevent a terrorist attack. I like this provision, because it puts the responsibility for wiretaps on the government where it belongs. It is very troublesome to put the responsibility for making decisions about terrorism on private corporations who are torn between helping their country and treading into questionable legal territory that could cost them millions or billions of dollars.

I have some personal experience in this area. Following 9/11, I was a computer programmer/analyst for a bank. The government requested anti-terrorist type information from the bank, which I was tasked with providing them. Some of the requests involved the tracking of certain financial transactions and some involved other information, such as the reporting of all account signers who didn't have Social Security numbers. If any of you think this is improper action by the government, I can also tell you that the government has been tracking your financial information for decades. If you think your banking transactions are private, think again. They aren't. Nowadays, there are even sophisticated methodologies to track any type of unusual financial activity, and even methodolgies to predict financial activity, but that is a discussion for another time.

The point is that I certainly wouldn't have wanted to face a lawsuit for attempting to help my government track terrorist activity a few months after 9/11. The new FISA bill addresses that problem.

Some other provisions in the new FISA bill, according to the linked article, are:

- It requires the inspectors general of the Justice Department, Pentagon and intelligence agencies to investigate the wiretapping program, with a report due in a year.

- The government can initiate a wiretap without court permission if "important intelligence" would otherwise be lost. It has a week to file the request for approval with the court, and the court has 30 days to act on it.

- It would allow the government to tap a foreigner's overseas calls without FISA court approval.

- Require FISA court permission to wiretap Americans who are overseas.

- Prohibit targeting a foreigner to secretly eavesdrop, without court approval, on an American's calls or e-mails.

- Require the government to protect American information or conversations that are collected when in communications with targeted foreigners.

- Allow the FISA court 30 days to review existing but expiring surveillance orders before renewing them.

- Allow eavesdropping in emergencies without court approval, provided the government files required papers within a week.

- Prohibits the president from superseding surveillance rules in the future.

Is the new FISA bill perfect ? No.

Did the old FISA and spying procedures need to be updated to reflect the modern technological world and the new type of threat the terrorists present ? Absolutely.

Obama's Shocking Ignorance

Wednesday, May 7th, 2008

castro
We might as well elect this guy.

But first, a joke:

"President Bush blasted Congress for not allowing oil exploration in the Arctic National Wildlife Refuge. Democrats said it wouldn’t do any good, because it wouldn’t produce oil for 10 years. You know, the same thing they said 10 years ago." - Jay Leno

That joke is funny until you really think about the ramifications of all these years of inaction on ANWR and other domestic oil and energy production that has been blocked by the Democrats. Thanks for nothing, Dems. Hope you're happy now. What's that you always say about helping the little guy ? We don't need your kind of help.
====

Barack Obama's criteria for selecting Supreme Court Justices displays a serious lack of knowledge of how our system of government works. Obama would turn the judicial branch into a legislative branch who would judge cases according to "social and economic justice", as opposed to the rule of law. The following exchange between Megyn Kelly of Fox News and Rudy Giuliani captures the essence of it:

KELLY: It's funny you should mention that, Mr. Mayor, because Barack Obama in a statement responding to John McCain's point today said and I quote, "Barack Obama has always believed that our court should stand up for social and economic justice, and what's truly elitist is to appoint judges who will protect the powerful and leave ordinary Americans to fend for themselves."

[Giuliani starts laughing]

KELLY: Why the laughter?

GIULIANI: Well, the laughter because that is not what a judge in the American legal system is supposed to do. That is not a really responsible definition of a judge. The judge is supposed to interpret the law. And the law is written by other people. It's written by members of the Congress. It's written by framers of the Constitution. It's written by the people when they amend the Constitution.

And then a judge has to have a certain, I would say, dedication to trying to interpret what other people mean and sometimes cannot put their social views into action. This is a very fair issue. John McCain would appoint judges who are more, I would call, originalists in terms of trying to define the meaning that other people had.

I think Senator Obama has made the case very strongly that John McCain has made that, he will appoint social activist judges, judges who tend to try to solve social problems rather than trying to figure out what does the law mean?

KELLY: Yes. Remember Mr. Mayor, during the confirmation hearings for Chief Justice John Roberts, one of the Democratic senators asked him, "Will you stand up for the little guy?" And he said, "Only if the little guy deserves to win under the law."

GIULIANI: Of course. It's not about - this isn't about little guy, big guy, small guy or a large guy, it's about the law. It's about what's fair, what's just, what is the law say. A judge is the interpreter of the law in the American legal system, not someone who creates it.

KELLY: Let me ask you.

GIULIANI: If you end up — if you end up making a judge of somebody who creates the law, then you've made a judge into a legislator, and you really have totally distorted our separation of powers.

The President Of The United States must swear to uphold the U.S. Constitution. Obama has clearly stated here that he would not do so, and instead would seek to overturn the rule of law by appointing Justices who would judge cases based upon the social and economic status of the participants rather than the application of the law. This would undermine our entire Justice system, and subvert the power of the Legislative branch as well.

I know Obama supporters are more interested in those words 'hope' and 'change' than anything else, but this position of Barack Obama's should disqualify him from being the President. This is government 101, and Obama either doesn't understand it or intentionally wants to destroy it. Either way, it's entirely unacceptable.

YES WE CAN [say 'NO' to this fool]. This story should be ALL OVER the media airwaves, because it affects every american and our entire system of government. This is an issue that people SHOULD care about. We can't afford to let the Left hijack our system of justice in this way. On an importance scale from 1 to 10, this is a 10. We can't let Obama lead this undermining 'change'. Some change is bad, and this change would be very bad indeed.

Anyone who disagrees, please go read a textbook on America's system of government, asap. This is a public service announcement.

Greasing The Wheels Of Justice

Saturday, April 12th, 2008

sharks

Lawyers give more money to political campaigns than does any other industry. During the 2004 elections, lawyers donated $183.8 million. So far in 2008, they've given $103 million, and we have 7 months to go until the election. Approximately 75% of the lawyer's money goes to Democrats. Lawyers, and specifically trial lawyers, are the Democrats number one special interest group, and have been for years. By comparison, the industry that donates the biggest percentage to Republicans is Oil/Gas. They are 16th on the industry donor list, having given $11.5 million in 2008. 73% of that goes to the GOP. You can find the donor numbers at opensecrets.org. The other big Democratic donor industries are Securities/Investment (like Bear Stearns), TV/Movies/Music (the liberal media), and Education (failing public schools/teacher's unions).

So, what do lawyers get in return for all that money they are throwing at the Democrats ?

Well, the Dems let the Protect America Act expire rather than grant immunity to the telecom companies that aided the government in tracking terrorists following 9/11. The lawyers have billions in lawsuits waiting in the wings there. Even national security took a back seat to the trial lawyers on that issue. That's what the Dems do for the trial lawyers. Dems block tort reform, block medical malpractice reform, block 'loser pays' lawsuit reform, and block damages award caps. Democrats are a trial lawyer's dream come true. Dems allow lawyers to continue to feed at the trough, uninhibited. Dems are money in the bank for trial lawyers. It's no wonder that Obama, Hillary, and John Edwards are all lawyers. No wonder all three of them buy into the ideas of victimology and entitlement. It's in their DNA. Everybody I know thinks our society has become overly litigious (except the litigators living in their mansions. They think it's peachy). Democrats are the reason our society is so sue happy. It's a big part of their agenda.

This leads me to the prestigious law firm of Milberg Weiss LLC (and by 'prestigious', I mean 'crooked as hell'). Milberg Weiss is one of the big tort law firms, and their specialty is class action lawsuits against corporations on behalf of their shareholders. You see, if shareholders don't get the expected return on their stock investment, the landsharks at Milberg Weiss are ready and willing to call that fraud or mismanagement, and sue the corporation. I kid you not. If you are a corporation and your stock price drops, Milberg Weiss will sue you if they can get enough of your stockholders to go along. Another specialty of Milberg Weiss is the so-called 'strike suit', which is a lawsuit that is so expensive to defend that corporations find it easier and less expensive to settle rather than fight. I'm pretty sure they used to call that extortion in the old days, but this is a brave new world.

There was a bigger problem with Milberg Weiss - they gave kickbacks to shareholders who provided primary testimony against the corporations they were suing. In other words, the testimony was bought and paid for, and that IS fraud, big time.

To call Milberg Weiss successful is an understatement. A 2004 Forbes article estimated Milberg Weiss lawsuit winnings at $30 billion. A couple weeks ago, I heard a Wall Street Journal analyst say it was up to $45 billion by 2008. The pattern of corruption at Milberg Weiss was mind boggling. They paid millions in kickbacks.

When the Bush Justice Department indicted several Milberg Weiss attorneys in 2006, after investigations that had been going on since the Clinton administration, Democrats in the US Congress rushed to their defense. The Dems politicized the indictments (surprise, surprise !) by issuing the following accusatory statement against the Bushies, which was signed by four Democrat Congressmen - Charles Rangel, Carolyn McCarthy, Gary Ackerman and Robert Wexler:

“The unprecedented recent indictment of Milberg Weiss Bershad & Schulman is a very thinly veiled attempt by the Bush Administration to accomplish by bullying and intimidation what it has not been able to do by law - to end class-action lawsuits, one of the few tools remaining to safeguard the American consumer.”

That is typical Dem hyper-partisanship, but Rangel and company had a bit of a problem - Milberg Weiss attorneys were guilty as hell, and now the convictions are coming down. Seymour Lazar, retired, was convicted of paying $2.6 million to "professional plaintiffs" [link], and previously was found guilty of obstruction of justice, filing a false tax return, and making false statements to the court. Mel Weiss pled guilty to conspiring to obstruct justice by hiding secret payments to plaintiffs in securities lawsuits [link]. The prosecutor in the case against Mel Weiss said the firm has been running this scam for 25 years. Bill 'The King Of Torts" Lerach was also convicted in the kickback scheme [link]. Several others are still awaiting trial.

So, what kind of prison time did these felonious mass corrupters of the justice system get ?

You're gonna love this part.

After defrauding and extorting corporations for 25 years, bribing witnesses, giving kickbacks, obstructing justice, lying to the court, and collecting tens of billions in ill-gotten gains from it all….

Seymour Lazar got probation (he's 80 years old). Mel Weiss got 20-33 months, and Bill Lerach got 2 years. You'd get more time than that if you robbed $200 from the local mini mart.

Isn't it great to have friends in high places ?

Btw, Hillary Clinton has received more money from Milberg Weiss than any other member of Congress. Barack Obama received a lesser amount.