This Is Just Not Right

Judge Vacates Conviction of Ken Lay

HOUSTON (Oct. 18) – A federal judge Tuesday vacated the conviction of Enron’s late founder Kenneth Lay, wiping out a jury’s verdict that he committed fraud and conspiracy in one of the biggest corporate scandals in U.S. history.

Lay was convicted of 10 counts of fraud, conspiracy and lying to banks in two separate cases on May 25. Enron’s collapse in 2001 wiped out thousands of jobs, more than $60 billion in market value and more than $2 billion in pension plans.

Lay died of heart disease July 5 while vacationing with his wife, Linda, in Aspen, Colo.

U.S. District Judge Sim Lake, in a ruling Tuesday, agreed with Lay’s lawyers that his death required that his conviction be erased and his indictment dismissed. They cited a 2004 ruling from the 5th U.S. Circuit Court of Appeals that found that a defendant’s death pending appeal extinguished his entire case because he hadn’t had a full opportunity to challenge the conviction and the government shouldn’t be able to punish a dead defendant or his estate.

“On behalf of his estate, I’m really quite pleased with the ruling and glad this brings to a close the criminal proceeding against Mr. Lay. The judge engaged in a fair and reasoned application of 5th Circuit law,” said Samuel Buffone, the attorney for Lay’s estate.

Tuesday’s ruling thwarts the government’s bid to seek $43.5 million in ill-gotten gains prosecutors allege he pocketed by participating in Enron’s fraud. The government could still pursue those gains in civil court, but they would have to compete with other litigants, if any, also pursuing Lay’s estate. (emphasis added)

Read it here.

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A Chilling Step Backward

Again, from Juan Cole, with our thanks.

The End of Press Freedom in Iraq?

Al-Zaman, the Times of Baghdad, reports [Ar.] that press freedom may soon be a thing of the past in Iraq. The Iraqi parliament on Monday passed a resolution calling on the president of Iraq, Jalal Talabani, to intervene to close down the offices of the al-Sharqiyah television channel in Iraq, and to close down a newspaper, al-Zaman itself! Both are owned by a media group headed by Saad al-Bazzaz, and they have a mild secular, Arab nationalist tone. It is not a point of view welcome to the Shiite fundamentalists who dominate the Iraqi parliament.

Read the rest here.

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If You Believe This …

“Bush called Prime Minister Nouri al-Maliki on Monday to reassure him that it was not true that the US planned to dump him if he has not produced better results in two months.

Bush hasn’t dumped Secretary of Defense Donald Rumsfeld, who has not produced better results for three years, so al-Maliki need not have worried.”

From Juan Cole’s Informed Comment. Here’s the article that Juan cites:

Bush assures jittery Al-Maliki that U.S. stands behind him
The White House is taking a wait-and-see attitude to an independent commission study that reportedly will urge changes in Iraqi policy.
Sheryl Gay Stolberg, New York Times
Last update: October 16, 2006 – 11:42 PM

WASHINGTON – President Bush on Monday reassured Iraqi Prime Minister Nouri al-Maliki that he would not set a timetable for withdrawal of troops and would continue to support the prime minister, despite recent reports that military generals and some Republican lawmakers are dissatisfied with the Iraqi government’s performance.

At the same time, the White House suggested Monday that it would not necessarily accept the recommendations of an independent commission reviewing Iraq policy. “We’re not going to outsource the business of handling the war in Iraq,” said Tony Snow, the president’s press secretary.

Read it here.

And here’s Chris Floyd’s take on this business (ouch!):

Why Bush Smiles: Victory is at Hand in Iraq
Written by Chris Floyd
Tuesday, 17 October 2006

Despite George W. Bush’s ostentatious bucking up of the Iraqi government yesterday, it is very likely that there will indeed be an American-engineered coup ousting Maliki and installing some sort of strongman-led “national unity government” in Baghdad soon, probably before the end of the year.

(Indeed, the very showiness of Bush’s pledge of support – in a phone call supposedly initiated by Bush, then announced to the media – is a good indication of the decapitation to come. As JFK once told Gore Vidal: “When a politician says to you, ‘Jack, if there’s anything I can do for you, just let me know,’ that means you’re dead.” And Maliki – installed in a Bush-backed internal party coup that toppled the previous prime minister, Ibrahim al-Jaafari, who was himself once a recipient of similar pledges of staunch White House support – is a dead man walking.)

The chief reason why Maliki and his government will be ousted is not the hell-storm of death and violence that is now devouring the country. The fact that every new day sees a hundred or more mutilated bodies dumped on the nation’s streets, and pitched battles between sectarian militias, and multiple deaths of American troops, and mass flights of anguished Iraqi civilians running in fear for their lives is not a matter of any urgent concern to Bush and his warmakers. Indeed, there is much evidence that one of the prime instigators of the wanton killing is a group created and long nurtured by the Bush Administration itself: the Facilities Protection Service, an army of uniformed freebooters nearly 150,000 strong. (I’ll be writing more on this later.) Of course, the violence is a political headache for the Bushists, because it generates bad press; but they don’t care about it – it has no intrinsic meaning or emotional impact on those who are already responsible for the deaths of more than half a million Iraqis and more than 2,700 Americans.

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Brothers and Sisters in Arms Peace

I didn’t see any reference in the MSM about this.

The day we took over the U.S. Senate
September 28, 2006 on 12:06 pm
by Gordon Clark, Communications Director

Even for these now veteran activist eyes, it was a glorious and inspiring sight to see.

On Tuesday, September 26, more than 100 nonviolent activists took over the central lobby and atrium of the Hart Senate Office Building, and staged a protest of the war in Iraq while dozens and dozens of Senate staffers looked on. For one hour, at least, American opposition to the war in Iraq became the central focus for these offices of the U.S. Senate, and 71 individuals were arrested for making this happen – including four staff of the Peace Action national office.

The action was organized by the National Campaign for Nonviolent Resistance (formerly the Iraq Pledge of Resistance), as part of the week of anti-war actions around the country organized by the Peace Action-endorsed Declaration of Peace campaign.

The action started that morning with a rally and interfaith service at Upper Senate Park. Another remarkable aspect of the day was the presence of national religious leaders, such as Jackie Lynn, head of the Episcopal Peace Fellowship, and Rick Ufford-Chase, Director of the Presbyterian Peace Fellowship and for the past two years the moderator of the 216th Presbyterian General Assembly – the highest office in the denomination. They were not only participating themselves in our nonviolent direct action, but were now urging their faith communities to being begin following suit.

At the end of the rally and service we formed a procession to go by the Capitol building and then on to the Senate office buildings. Police stopped us after three blocks, telling us that the large procession constituted an unpermitted demonstration and that we would not be allowed to continue. It was at this point that one affinity group broke away, and crossed police lines and Constitution Ave., carrying a coffin to the steps of the Capitol. Sixteen were arrested for that act of nonviolent witness.

Read the rest here.

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Oh, Give Me A Break

All we can say is, “What was that cop thinking?”

Woman Sues Over Ticket for Anti-Bush Bumper Sticker
By DANIEL YEE, AP

ATLANTA (Oct. 17) – A woman who was ticketed for having an obscene anti-President Bush bumper sticker filed a lawsuit in federal court Monday against DeKalb County and its officials.

Denise Grier, 47, of Athens, Ga., got a $100 ticket in March after a DeKalb County police officer spotted the bumper sticker, which read “I’m Tired Of All The BUSH*T.” (The actual bumper sticker didn’t delete any letters.)

Although a DeKalb judge threw out the ticket in April because the state’s lewd decal law that formed the basis for the ticket was ruled unconstitutional in 1990, Grier is seeking damages for “emotional distress” against the county, according to the lawsuit.

Grier also seeks a declaration in federal court that her bumper sticker is considered protected speech under the First Amendment because she is “uncertain and insecure regarding her right to display her bumper sticker in DeKalb County,” the lawsuit said.

Read all of it here.

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Please Use It Today

Click on the image, print it (landscape mode; then it’ll be long enough), preferably in colour, then cut it out. It’s your armband for today and can be stapled or paper-clipped to hold it. In case you don’t know, here’s why.

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Second Amendment – C. Loving

There are consequences for everything, and most of us seem to believe that everything happens for a reason. The incident in Lancaster County, Pennsylvania, was very sad, and really is a consequence of the Second Amendment and the fostering of an attitude in this nation about gun ownership.

Many thanks to our buddy Charlie Loving for the great cartoon work.




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Gitmo on (car)Toon Tuesday – C. Loving

A reminder that today is the day george bush will sign the Military Commissions Act (aka, the Torture Act). Please wear your “No Torture” armband.

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Canada Under Scrutiny

Canucks in the Crossfire
By Paul Richard Harris
Oct 16, 2006, 16:27

By almost any measure, Canada is a minor power. Never seen as a threat to anyone, most people around the world view it favorably. One of its early prime ministers, Wilfrid Laurier, famously remarked that “the twentieth century belongs to Canada” and although that ambitious optimism was simply political rhetoric, few would argue that Canada has not been successful. It has excelled at being bland, non-threatening, and supportive of most things that the world would see as good and desirable and it is frequently at or near the top of desirable places to live, as judged by the rest of the world.

Even if the twentieth century actually eluded Canada’s grasp, it’s easy to agree that it has accomplished much and is, in most ways, admirable.

But there are some very real cracks appearing in that veneer and Canada is losing its shine. How dull and unattractive it might become is still not predictable; but its current prime minister, Stephen Harper, is doing his best to accelerate Canada’s depreciation.

[snip]

Canadian troops were committed to the Afghanistan misadventure by a previous Canadian government but the present administration is completely behind the effort. In fact, the current government has dropped all pretense that the mission of Canadian troops is ‘peacekeeping’. Now, it is ‘peacemaking’ – and that includes beating into submission those who are unwilling to behave the way invading forces dictate.

Canada is not operating alone in Afghanistan; it is there as the lead in a NATO invasion of the volatile southern region of Afghanistan. A few months following the NATO invasion (in late 2005), then prime minister Paul Martin spoke to Canadian troops in Kandahar and told them the goal of the occupation was to “create a democratic, prosperous, modern country that can be a model in this part of the world.” In fact, however, the occupying forces have brought widespread misery, death, destruction to the area where they claimed they planned to ‘paint schools and drill water wells’.

Read all of it here.

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Daniel Davies Is Spot On

The numbers do add up
The attempts to rubbish the Lancet study on the massive Iraqi death toll are devious hack-work.
Daniel Davies
October 12, 2006 02:00 PM

As Richard Horton’s post says, the latest Johns Hopkins University study of mortality in Iraq, published in the Lancet is horrible news. When the previous study was published, a horrendous chorus of hacks sprung up and suddenly discovered a new-found expertise in epidemiological statistics.

Tim Lambert, the Australian science-blogger, and I ended up spending a lot of time and energy fighting on the online front of this Campaign For Real Statistics, and so it is with heavy heart that I see that President Bush – who is probably a better statistician than many of his online supporters as he has at least been to business school – has already expressed an uninformed opinion on the matter.

[snip]

This is the question to always keep at the front of your mind when arguments are being slung around (and it is the general question one should always be thinking of when people talk statistics). How Would One Get This Sample, If The Facts Were Not This Way? There is really only one answer – that the study was fraudulent.[1] It really could not have happened by chance. If a Mori poll puts the Labour party on 40% support, then we know that there is some inaccuracy in the poll, but we also know that there is basically zero chance that the true level of support is 2% or 96%, and for the Lancet survey to have delivered the results it did if the true body count is 60,000 would be about as improbable as this. Anyone who wants to dispute the important conclusion of the study has to be prepared to accuse the authors of fraud, and presumably to accept the legal consequences of doing so.

Read all of what he has to say here.

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Continuing Erosion of Rights

Marine Corps Issues Gag Order in Detainee Abuse Case
The action has lawyers worrying they could be punished for defending Guantanamo clients.
By Carol J. Williams, Times Staff Writer
October 15, 2006

MIAMI — The U.S. Marine Corps has threatened to punish two members of the military legal team representing a terrorism suspect being held at Guantanamo Bay if they continue to speak publicly about reported prisoner abuse, a civilian lawyer from the defense team said Saturday.

The action directed at Lt. Col. Colby Vokey and Sgt. Heather Cerveny follows their report last week that Guantanamo guards bragged about beating detainees, said Muneer Ahmad, an American University law professor who assists in the defense of Canadian suspect Omar Khadr.

The order has heightened fears among the military defense lawyers for Guantanamo prisoners that their careers will suffer for exposing flaws and injustices in the system, Ahmad said.

“In one fell swoop, the government is gagging a defense lawyer and threatening retaliation against a whistle-blower,” Ahmad said. “It really points out what is wrong with the detainee legislation that Bush is scheduled to sign on Tuesday: It permits the abuse of detainees to continue, immunizes the wrongdoers and precludes the detainees from ever challenging it in court. (emphasis added)

Read the rest here.

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Your FBI File Might Be Growing

As we posted recently, the Pentagon and other government agencies are closely tracking anti-war activities in the US. Over the last few days, the American Civil Liberties Union has been making this information and, especially, the materials upon which it is based, available on its Web site. Here is an excerpt of what they say:

The Government Is Spying on Americans

Documents obtained by the ACLU under the Freedom of Information Act reveal that the FBI is using its Joint Terrorism Task Forces to gather extensive information about peaceful organizations. Recently, President Bush acknowledged giving explicit and secret authorization for warrantless electronic eavesdropping and physical searches by the National Security Agency. Now, there is reason to believe that the Pentagon, too, is illegally gathering and sharing private and protected information.

The actions of the president, his administration, and these agencies are part of a broad pattern of disregard for the rule of law in the name of national security. The ACLU is calling for investigations and full disclosure of records to determine if oaths of office were broken or federal laws violated.

Read it all here.

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