Jan 062010
 

This week I’ve been swamped.  Yesterday the morning was taken up by a doctor appointment and the afternoon with a visit from my oxygen company doing tests on me.  I barely managed to reply to comments and only visited one blog.  Today is my volunteer day with a therapy group for former prisoners.  I should get some visiting done tomorrow.
This morning I deleted a couple comments from a right winger who ignored the blog’s only rule, that we treat each other with respect, regardless of views.  I ask you all to use restraint in replying to such individuals, and reply to them respectfully.  Do not respond to them in kind.  I will deal with it as soon as I am able.
Please be patient with me.
Today;s Jig Zone puzzle took me 4:23.  To do it, Click Here.  How did you do?
Here’s your cartoon:

Happy hump day!!

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Jan 052010
 

As most of you probably know, I am a long time opponent of capital punishment for several reasons.  Killing is the most hypocritical way to say, “Don’t kill.”  All too often, we execute the innocent.  The manner in which it is applied is neither consistent nor fair.  It costs several times more money to execute than to incarcerate for life.  Here is a promising development:

death-penalty Last fall, the American Law Institute, which created the intellectual framework for the modern capital justice system almost 50 years ago, pronounced its project a failure and walked away from it.

There were other important death penalty developments last year: the number of death sentences continued to fall, Ohio switched to a single chemical for lethal injections and New Mexico repealed its death penalty entirely. But not one of them was as significant as the institute’s move, which represents a tectonic shift in legal theory.

“The A.L.I. is important on a lot of topics,” said Franklin E. Zimring, a law professor at the University of California, Berkeley. “They were absolutely singular on this topic” — capital punishment — “because they were the only intellectually respectable support for the death penalty system in the United States.”

The institute is made up of about 4,000 judges, lawyers and law professors. It synthesizes and shapes the law in restatements and model codes that provide structure and coherence in a federal legal system that might otherwise consist of 50 different approaches to everything.

In 1962, as part of the Model Penal Code, the institute created the modern framework for the death penalty, one the Supreme Court largely adopted when it reinstituted capital punishment in Gregg v. Georgia in 1976. Several justices cited the standards the institute had developed as a model to be emulated by the states.

The institute’s recent decision to abandon the field was a compromise. Some members had asked the institute to take a stand against the death penalty as such. That effort failed.

Instead, the institute voted in October to disavow the structure it had created “in light of the current intractable institutional and structural obstacles to ensuring a minimally adequate system for administering capital punishment.”

That last sentence contains some pretty dense lawyer talk, but it can be untangled. What the institute was saying is that the capital justice system in the United States is irretrievably broken.

A study commissioned by the institute said that decades of experience had proved that the system could not reconcile the twin goals of individualized decisions about who should be executed and systemic fairness. It added that capital punishment was plagued by racial disparities; was enormously expensive even as many defense lawyers were underpaid and some were incompetent; risked executing innocent people; and was undermined by the politics that come with judicial elections.

Roger S. Clark, who teaches at the Rutgers School of Law in Camden, N.J., and was one of the leaders of the movement to have the institute condemn the death penalty outright, said he was satisfied with the compromise. “Capital punishment is going to be around for a while,” Professor Clark said. “What this does is pull the plug on the whole intellectual underpinnings for it.”… [emphasis added]

Inserted from <NY Times>

To summarize this in the simplest terms, the people who wrote the book on capital punishment has come out and said that  that the book is all wrong.  Isn’t it time that the US joined the civilized nations of the world?

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Jan 052010
 

Joe LIEberman and other Republican fear mongers just like him are ranting on that the Crotch Bomber should not have a civilian trial.  In a decision timed perfectly to demonstrate just how foolishly these Republicans are acting, a US Appeals Court proved that civilian courts can manage trials for terrorists.

moussaoui A US appeals court upheld the conviction and life sentence of Zacarias Moussaoui for complicity in the September 11, 2001 attacks on the United States.

The US Court of Appeals for the 4th Circuit rejected claims by US lawyers for Moussaoui — the only person charged in the United States in the attacks that claimed nearly 3,000 lives — that his guilty plea and sentences on six criminal conspiracy counts were invalid.

It also struck down their efforts to refer the case back to a federal court in Alexandria, Virginia, where he pleaded guilty in 2005 of conspiracy in the suicide hijackings of passenger planes that crashed into New York’s World Trade Center, the Pentagon and a field in Pennsylvania.

"We affirm Moussaoui’s convictions and sentences in their entirety and deny his motion to remand," the three-judge panel said in its ruling.

The court decision took place amid intense debate over whether terror suspects should be tried in civilian US courts or in specially designed military tribunals known as military commissions.

Republicans and some of President Barack Obama’s fellow Democrats have blasted his administration’s decision to try a Nigerian accused of trying to bring down a US-bound jetliner on Christmas Day.

Lawmakers also have pushed back against the White House’s plans to transfer five accused 9/11 plotters — including self-proclaimed mastermind Khalid Sheikh Mohammed — from the US military prison in Guantanamo Bay, Cuba to New York for trial in US federal court.

Moussaoui’s attorneys had asked that their client’s sentence and conviction be remanded because his constitutional rights were violated and the government had failed to provide classified evidence that could have been used for his defense.

But Justice Department lawyers argued that the judge presiding over the trial ensured that Moussaoui, a French national of Moroccan descent, understood his rights.

"Moussaoui claims that the district court failed to inform him of the nature of the charges and ensure that he understood them," the appeals court said in its 78-page opinion. "We disagree."

After dodging the death penalty during a months-long trial in the Alexandria court, Moussaoui was sentenced to life in prison. The court of appeals upheld that sentence.

"We find it significant that Moussaoui never sought to rescind the admissions he had just made, nor to withdraw his guilty plea during the nearly year-long period that elapsed between his plea and the conclusion of the sentencing proceeding," the appeals court judges wrote.

Moussaoui, who later recanted his testimony only to claim he was part of another Al-Qaeda plot, is serving a life sentence in solitary confinement at a supermaximum security prison in Colorado…

Inserted from <Alternet>

We seem to have no difficulty imprisoning him here either.

The GOP idiocy on this issue keeps ramping up.  here’s Rachel Maddow.

Visit msnbc.com for breaking news, world news, and news about the economy

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Jan 052010
 

Every once in a while a GOP idiot will do something so stupid that I get a smile for the rest of the day.  This is such a case:

hoekstra site banner

Someone other than Congressman and gubernatorial candidate Pete Hoekstra appears to have purchased the URL petehoekstra.com and the results aren’t exactly promising for the Michigan Republican.

Hoekstra, who stakes a large chunk of his political reputation on a hawkish and elevated understanding of foreign policy and national security matters, is pilloried at the eponymous website over his handling of these very topics. In particular, the site’s authors lash out at the lawmaker for fundraising off the bungled airline bombing that took place on Christmas Day. They also take glee in reminding Hoekstra that he failed to register the website they now run.

Reflecting on Hoekstra’s criticism of the president’s plans to transfer Guantanamo detainees, the site’s authors write: "To insinuate that Obama is releasing hard-core terrorists from Gitmo is such fear-mongering crap…but what do you expect from a guy who DIDN’T EVEN THINK TO REGISTER HIS OWN .com NAME?!"…

Inserted from <Huffington Post>

The graphic here is the banner from this site.  Kudos and props to whoever has done this.  America owes you a debt of gratitude.

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Oregon: The Walmart Rip-off

 Posted by at 2:50 am  Politics
Jan 052010
 

On this story, big thanks to RJ of The Global Glass Onion for emailing this story to me.  Visit him when you have a looooooooooooooooooooooooooooooooooooooooooooong time to read. 😉

Oregon is quite progressive in many ways, especially where green energy is concerned.  It is quite disappointing when corporate pigs find loopholes to profit at the taxpayers’, not to mention the planet’s, expense.

walfart When Oregon started handing out jumbo tax subsidies for renewable energy projects two years ago, one of the biggest beneficiaries was also one of the world’s richest corporations — Walmart.

No, the retail giant hasn’t branched to solar panels or wind turbines.

Instead, Walmart took advantage of a provision in Oregon’s Business Energy Tax Credit that allows third parties with no ties to the green power industry to buy the credits at a discount and reduce their state income tax bills.

State records show Walmart paid $22.6 million in cash last year for the right to claim $33.6 million in energy tax credits. The cash went to seven projects, including two eastern Oregon wind farms and SolarWorld’s manufacturing plant in Hillsboro. In return, Walmart profits $11 million on the deal because that’s the difference between what it paid for the tax credit and the amount of its tax reduction.

The loser in the transaction is Oregon’s general fund — which pays for public schools, prisons and health care programs — because the state is out the full $33.6 million in tax revenues.

Walmart isn’t alone. An analysis by The Oregonian shows Costco and U.S. Bank, which also rank among the nation’s top 200 wealthiest businesses, have made millions by buying up energy tax credits to cut their Oregon tax bills. Dozens of other companies and hundreds of individual Oregon taxpayers also have cut their tax bills by buying up the tax credits

The practice, known as "pass-through," has become a popular, nearly risk-free way for profitable corporations and high wage-earners to avoid paying taxes in Oregon. But it also has become one more target for critics of the green energy subsidies, which spend state tax dollars to attract low-carbon industry and jobs to Oregon.

"It’s so convoluted," says Eric Fruits, an adjunct economics professor at Portland State University who has studied Oregon’s energy incentives. "You’ve got all these dollars swirling around. Everyone is trying to grab them as fast as they can."

The pass-through option "turns what would otherwise be an incentive to make energy investments into a windfall that may not have anything to do with energy," Fruits says.

Program under fire

For years, Oregon has subsidized renewable energy and energy conservation projects by granting tax credits, which can be used as a dollar-for-dollar reduction on state income tax bills. The pass-through practice was put in place in 2001 as a way to allow government agencies and nonprofit organizations to take advantage of the subsidies. Since those groups don’t pay state taxes, the credits are worthless unless they can be sold to a third party.

The ability to sell the credits also allowed start-up companies with no Oregon tax liability to leverage upfront cash for their green energy projects.

The tax credits, known as BETC, or "Betsy," have come under increasing fire this year because the cost to taxpayers skyrocketed. It went from about $10 million in 2007 to an estimated $167 million in the 2009-11 biennium at the same time the economic recession hammered other areas of the state budget.

A previous investigation by the newspaper showed state officials intentionally downplayed the estimated cost of the program before the 2007 Legislature voted for substantial increases to the maximum subsidies. The newspaper’s latest analysis also found:

Walmart, Costco and U.S. Bank, which top the list of energy credit buyers, shelled out a combined $67 million to avoid paying $97 million in Oregon income taxes.

Walmart and others are making money on projects that were closed, went belly up or never produced the energy or energy savings they initially claimed.

Out-of-state corporations and others looking for tax breaks are claiming an increasing share of the money that is supposed to pay for clean energy and conservation…

Inserted from <The Oregonian>

I wish I could claim to be planning to boycott WalFart over this, but I have already been boycotting them for over ten years, because of the way my tax dollars pay for food stamps for their underpaid employees and because they have done more to drive US manufacturing overseas than any other entity.

I hope that Oregon will continue  BETC, with added safeguards to prevent exploitation by corporate profit-mongers so unethical that they would fleece their own grandmothers for a nickel.

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Jan 052010
 

Yesterday even getting comments answered was a struggle.  Paperwork for a bunch of new doctors took up the morning.  Year-end bookkeeping took up the afternoon.  Today will be rough as well as I have a doctor appointment this morning.  There’s no emergency.  I’m just catching up on the care I had to do without for years.  I should be able to catch up on blog visiting on Thursday.

I read that some researchers in NZ have said that a pet pooch has a bigger carbon footprint than an SUV and recommended edible pets like bunnies.  I immediately thought of Lisa G. 😉

Today’s Jig Zone puzzle took me 5:09.  To do it, Click Here.  How did you do?

Here’s your cartoon:

What’s up this week?

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Jan 012010
 

The GOP and Faux Noise correctly understand that their lock-step, goose-step followers are sheeple.  The teabaggers are the biggest fools of all.

GOPKoolAid TPM Media’s Zachary Roth reported earlier in the week that the political action committee that organized the Tea Party Express — Our Country Deserves Better PAC — funneled almost two-thirds of its spending from July to November back to the political consulting firm from which it was spawned, Russo, Marsh, and Associates. More than $850,000 of the money the supposedly grassroots PAC collected went to the firm of GOP political operatives who ran it.

For those who may have forgotten, the Tea Party Express was the faux-grassroots operation that Fox News hopped aboard in late August, after the network’s promotion of the health care town hall meeting disruptions but before they started flogging the 9-12 protest. (It’s so hard to keep Fox’s political activism straight!) It was a nationwide bus tour organized by a political action committee whose mission is to oppose President Obama and other Democrats; with a pedigree like that, how could Fox resist?

Fox News heavily promoted the Tea Party Express; the Our Country Deserves Better PAC even used Fox’s promotion in a fundraising email. Then Fox’s Griff Jenkins hit the trail with the Express, following that bus around the country, throwing journalistic integrity aside as he declared its riders "the America that Washington forgot."

But somehow, Jenkins missed out on the real story: how loyal tea-party-goers were separated from their hard-earned cash, which was funneled to fat cat Republican political consultants… [emphasis added]

Inserted from <Alternet>

So, to you teabaggers out there, how does it feel to be the pawns of Faux Noise and the GOP?  Wake up!!  You’ve followed their propaganda hook, line, and sinker.  Make the effort to do your own research, check your facts, and learn what’s really going on.

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Watch the Worm Squirm!

 Posted by at 3:56 am  Politics
Jan 012010
 

The ‘worm’, in this case, is Sen. John Ensign (R-NV)

 

To set the record straight, Ensign has never set the record straight, despite his repeated lies that he has.

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