Sunday, July 14, 2013

Justice and Trayvon Martin


The really sad thing about the Trayvon Martin tragedy is had the justice system been free to follow normal procedures George Zimmerman would probably have been convicted of something eventually.  This is what happens when politics gets in the way of justice…a trial based on political correctness rather than facts.  This trial was the confluence of all that is bad with American media, American politics, and the American justice system.  When the verdict was announced, the judge actually looked relieved.  She is a trained lawyer, and knew that had there been a conviction, she would have had to rule on motions to overturn the verdict based on lack of evidence as a matter of law…and she would most likely have had to grant them.

Geraldo Rivera, someone I don’t normally quote, got it right yesterday morning.  He said this was a technical legal case.  If you picked it apart piece by piece, there was nothing there.  Each act George Zimmerman did was in and of itself not illegal.  It was not illegal to have a neighborhood watch.  It was not illegal for him to carry a gun.  It was not illegal for him to follow Trayvon Martin.  It was not illegal for him to defend himself if he felt his life was in danger.  The events that could have made Zimmerman legally culpable were not provable.  Speculation or wishful thinking is insufficient to send someone to jail for the rest of his life.  Worse, the circumstantial evidence supported Zimmerman’s account of events.

Here is what we know.  We know Zimmerman, as part of a neighborhood watch, followed Martin in his car and called 911.  We know he was told by the 911 operator not to follow him.  We know he got out of his car and followed Martin at a distance.  We know Martin called a girl friend and told her he was being followed by a “cracker”.  We know that Martin had marijuana in his system. We know there was an altercation.  The only eyewitness said Martin was on top of Zimmerman pounding his head on the edge of the concrete. There was a scream from one of the two before the gunshot. We know that Zimmerman had a broken nose and cuts on the back of his head.  We know that Zimmerman’s clothes were wet on the back, and Martin’s clothes were wet on his knees.  We know the trajectory of the bullet supported Zimmerman’s narrative.  Everything else presented in the trial was fluff.

In order to convict Zimmerman, the prosecution needed to show that Zimmerman either verbally provoked or physically attacked Martin sometime after exiting the car.  There is absolutely no evidence of either.  In fact, given Martin’s phone conversation midst the incident, there may be some indication that it was Martin who provoked Zimmerman. Notwithstanding, given Florida law which says the prosecution must disprove claims of self defense beyond all reasonable doubt…and all the physical evidence supported self defense…this was a no brainer for the jury both for manslaughter and second degree murder.

Like the Duke Lacrosse rape case, the media went looking for racism and found it, facts be damned.  When the press discovered that Zimmerman was actually Hispanic, they even created a new racial classification to continue to feeding the racism beast…he was a "white" Hispanic.  NBC doctored 9-1-1 tapes to portray Zimmerman as a racist by which all accounts he is not.  Local law enforcement was literally fired as the State of Florida, at the urging of the press, the race baiters, the United States Justice Department and Barack Obama himself, took the case over.  

Angela Corey, the whack-a-doodle state attorney, charged Zimmerman with second degree murder, the highest charge she could bring without going to a grand jury which would have no billed any charges against this guy in a second.  By the end of the trial, her prosecutors were reduced to begging for a third degree murder jury instruction based on “child abuse”.  Ms. Corey’s “have a little tea with Goldie” press conference immediately after the verdict was totally bizarre and inappropriate.  Who are these people?

CNN and NBC have gone ballistic.  David Gregory of NBC made a vague reference to legal execution in America.  Commentators are now calling for the Justice Department to file civil rights violation charges against Zimmerman.  This is the ugly side of political prosecutions.  It is a different side of the same political prosecution coin embedded in the IRS.  Americans should be concerned.  Add to this the allegations that the Florida State Attorney withheld evidence in discovery; this is going to get nasty.

The race baiters, be they political or rooted in "for profit" non-profits, need to feed the race beast to keep the power and money coming in.  While Trayvon’s death by any calculation is a tragedy, the media has completely ignored the massacre on the streets of Chicago with black on black violence reaching epic proportions.  It is being repeated in various cities throughout the country.  The media simply won’t report it.  It doesn’t fit the racist narrative.  Meanwhile, politicians won’t touch the problem with a ten foot pole.

This case is bothersome because George Zimmerman was told by a 9-1-1 operator NOT to follow whom he suspected as being a thief in a neighborhood experiencing numerous break-ins.  He didn’t follow the operator’s suggestion.  But that was not illegal…and the rest is history.

I can’t imagine the pain Trayvon’s parents feel.  His death deserves a serious and thorough investigation to find out why it happened.  But the investigation has to be honest and not tinged by political correctness. Political correctness and make believe parameters about how things are in our society only magnify the problems, not solve them.

Our legal system cannot protect everybody from everything.  Things fall through the cracks for various reasons and this is one of those times.  If laws need to be changed, then change them.  If attitudes need to be changed, change those too.   But for this case, as sad and unsettling as it may be, justice was served.  That doesn’t say a whole lot about us, does it?  

Tuesday, June 25, 2013

Paula Deen and the "N" Word


So let me understand this.  Paula Deen is accused by a white employee for sexual harassment and racial discrimination.  Translate: a disgruntled employee.  Then, in a deposition, she is asked if she ever used a racial slur, specifically the “n” word.  She answers truthfully and says yes, years ago...to her husband.  She then admits that some of her kitchen staff may tell off color jokes and make racial comments in her kitchen which she has apparently “tolerated.”  Then, in answer to the accuser's claim that that accuser "overheard" a conversation where Ms. Deen wanted to a "plantation wedding with little "n...'s" dressed up and serving , she says she “considered” doing a wedding based on a recent restaurant she visited where all of the servers were middle aged black men dressed in tuxedos (think Youngstown Club).  It never happened because she also said it would be innapropriate in today's world. 

The race baiters went wild.  Paula Deen is a racist screamed the headlines.  The Food Network, that paragon of gluttony, indignantly decided not to renew her contract at the end of June and pulled her television shows from its lineup.  Smithfield Ham, now owned by a state controlled Chinese corporation, dropped her like a hot potato.  So did Sears, QVC, and her publisher. 

What did she do?  She said the "n" word to her husband 30 years ago.  She is my age.  She is from the south.  I would be surprised if she didn'd say the "n" word 30 years ago to her husband. 

Enough of this self righteous indignation about race!  It’s time America grows up.  Put on any urban radio station playing hip hop and you can hear rappers calling women whores and bitches and African Americans niggers in just about every song played on the radio.  I don’t think I would be wrong in surmising the use of words “honkie” and “cracker” is used by many members of the black community.

Add to that the testimony in the Trayvon Martin trial in Sanford, Florida, where the prosecution's lead witness spouted racial hatred like running water...or Alec Baldwin calling a reporter he didn't like a "queen".  That one even got Anderson Cooper fired up. 

To me, words are words.  If I had a nickel for every hateful deed let alone words directed at me, I’d be a rich man.  Should they be used? Probably not.  But at the end of the day, it’s not words but actions that determine a racist.  I never judge a person by the color of his/her skin or ethnicity.  I always believe in giving everyone a fair shot.  I believe that everyone is entitled to a fair shot.  I appreciate folks for who they are.  I respect our cultural differences because, after all, that’s what makes life interesting.  Be they black or white or native American or Asian or blue with pink polka dots…we are all human underneath…alleged racism and all.

So did Paula Deen use racial slurs?  Yes she did, and probably most everyone in the United States at some time or another, and if you deny it, I will call you a liar.  She didn’t kill anyone.  She didn’t assault anyone.  She didn’t rape or sexually harass a minor.  She didn’t steal.  She told the truth under oath.  She is a self starter who has worked hard through difficult circumstances to get to where she is.  And used the “n” word a long time ago.  

Maybe the Food Network should pull out the polygraph machines to see who else may have used the “n” word sometime in their lives, or told an off color joke, or made a sexual remark.  Hypocrisy is the worst sin, and the self righteous hypocrites walk among us.  Let he who is not guilty cast the first stone.  I don’t think the officials at the Food Network should be throwing any stones at all.    

Saturday, June 15, 2013

Information Per La Bellezza del Giorno.

Civil disobedience has long been a hallmark of American politics.  It has been interesting to watch the nation come to grips with Edward Snowden, the twenty nine year old whistleblower who disclosed the extent of the massive surveillance of American citizens by the National Security Agency (NSA).  The debate has been raging among the talking heads and politicians alike whether he is a patriot or a traitor.   Their reactions have been chilling.

Start with the Patriot Act which is the basis of this massive collection of information. It was sold to the public claiming it would only be used to monitor incoming calls from suspected terrorists.  In addition, it was to be monitored by a FISA Court.  These are secret courts established under the Foreign Intelligence Surveillance Act.  The Chief Justice of the Supreme Court appoints sitting Federal judges to FISA Court positions to issue subpoenas in support of actions by the various intelligence agencies.   To date, about 98% of all requests have been granted, including the quarterly renewal of the subpoena under which the NSA monitors all telephone calls, texts, emails, internet searches particularly within the Verizon system, and most likely all communication systems. 

The reaction by those in the intelligence community, Republican and Democratic congressmen and senators alike fains disgust with Mr. Snowden.  Those who sit on congressional intelligence committees of both houses call him a traitor claiming he has irreparably compromised American intelligence operations.     Those who work for the intelligence agencies and former agency directors and Justice Department officials have looked positively scary.  One gentlemen looked so angry I thought he was going to have a stroke.

That begs the question as to whether gathering information relating to my emails, my telephone calls, my web searches, my texts is constitutional when I am neither a suspect nor participant in subversive activities.  What do they need my information for?  In what way am I connected to a terrorist in Pakistan?

This is a fishing expedition on steroids.  All of that information is being gathered not for la bellezza del giorno (Italian for “the beauty of the day!”) as my grandmother used to say.   They gather it, store it, and will use it for something.  What?

The Fourth Amendment reads as follows:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

There must be an oath describing both the place AND PERSONS.  Does the population of the United States meet that definition?  On its face, no!!!  The fourth amendment was set up specifically to prevent blanket searches and seizures. There must be specificity.  There must be more than conjecture. There is nothing different here than British soldiers going from house to house, rummaging through drawers and closets and basements, looking for traitors to the British crown.

The Obama administration has played fast and loose with the Constitution for the past five years.  Its representatives have lied to Congress.   They have lied to the American people.  Although the surveillance was started under George Bush, the expansion to this has taken place under Obama.  There is no excuse for either. 
This intrusion of Big Brother on the American public is such an affront to the Constitution it is beyond comprehension.  If ever there was a case for civil disobedience to awaken the public and a compliant press, this is it. 

I don’t buy for one minute that the government watching who I call, how many times I call, or looking at my web searches or emails, bolsters national security one iota.  This is a bridge too far.  It is the stuff of of Nazis and Communists. 

I don’t know the motivations of Edward Snowden.  His connection with the Chinese is fishy.  But the fact remains that nobody else had the guts to tell the public the truth…especially those appearing in front of Congress and lying.  So for that, I am grateful. 
 
America, wake up.  Distrust of the government is reaching dangerous levels.  Do we have to rely on a 29 year old high school drop out for the truth about what these people are doing?  In what way does monitoring my calls make this country more secure?  When someone provides me with an answer, then I will be quiet.  In the meantime, we need more Edward Snowden’s.  

Sunday, May 26, 2013

Turning Pages - Or Where I Have Been Lately


You may have wondered where I have been for the last couple of weeks.  As I have gotten older, I have become more and more involved in things I wanted to do when I was younger but I didn't have the time, or I didn't have the skills, or I didn't have the money, or family got in the way.  All of that is gone…well…I still don’t have any money…but I do have the time and the inclination.  What I don’t have is the strength.  Like I say…none of us is 20 anymore.  And I get tired!!!!

Those who know me know I tend to overcompensate.  It’s okay most of the time, but from time to time all the work convergences and then I am kaput.  Add to the mix my normal business routine, I am overwrought!!!  But at age 63, I am holding my own.  It’s all about turning pages.  Turning the page from what you have to do to what you want to do.

Much of my practice is in elder law.  I don’t do the complicated stuff, but I know the basics.  You learn real fast what happens as you get older.  Some…a very few…live well into their nineties.  My uncle will turn 100 this August and he didn't turn his pages until his wife and daughter passed away.  He made the most of the few years he had left.  He recently entered into a nursing home.  But up until last November he wanted his scotch and his steak.  He loved to shop.  He loved to go to dinner. 

Others aren't as lucky as my uncle.  Some people say death is the great equalizer.  They are wrong; it’s nursing homes.  You can have $300 million or $30.00.  You will be treated the same.

So, the lesson is do what you want now.  I have always liked arts and culture so I have chosen to become heavily involved.  It’s a fascinating world of beautiful venues and beautiful music and wonderful plays and art…tempered by money, politics, and interesting people who run these organizations.  All of them are originals, some more than others. They are all a breed unto themselves.  And all of them are great and I have been privileged to know and to work with them.  Many of them are my age filling the gaps in their lives, selflessly serving the public good by offering beauty in an often times ugly world.  Some are like me finding areas where they can excel.  "Arts and culture" is an area where my legal and political and business abilities are propelling me to do things I could only dream of when I was younger…fearlessly hiring lobbyists…charging to Columbus to meet with high ranking politicos….meeting the crème de la crème in a world of culture I had only read about…meeting LIBERALS and finding we have much more in common than an old conservative like me would care to admit. 

I actually got to sit in on a meeting of one of the most liberal foundations in the state.  Here’s what I found out.  Just as in the private sector, the folks who run the foundations expect results.  Maybe they measure the results in something different than profit or business success, but they have their goals and ways to measure if they are attained.  Each of these organizations compete for money, then compete for success.  Fascinating. 

Turning pages means change.  It is a humbling experience starting a new life in a new area.  But at my age, the secret is not to care about what others think, or the mistakes you might make.  Who gives a damn  if people think you are nuts.  You probably are!!!  And any mistake can be fixed.  200 years from now it won’t make any difference.  You will be lucky if there is someone to cut the grass on your grave.

I have spent the last several weeks turning pages.  Hopefully things will start to slow down again.  Then I can write and reflect…and I don’t care what anybody thinks!!!       

Monday, May 6, 2013

Obama Descending Fast


There are two great commandments for those of us in politics.  When you don't know what to do, do nothing.  When you are in trouble, lay low.  We are now privileged to witness Rule #2.  Whence Obama?  The most visible President in history has disappeared.  Up until the election, Barack Obama was everywhere.  He campaigned non-stop for his first four years.  Name a function, there he was, pontificating to beat the band.   Now...not so much.  In fact, he has fallen off the face of the earth.  Where is he?  Well....he is off hiding as his insulated world begins to fall around him.

 And for good cause.  The Obamacare debacle is picking up steam as America slowly wakes up to the reality he has foisted upon us.  When Max Baucus, the author in chief of Obamacare says it is going to be a train wreck as he retires from office at the end of this year...run for cover.   When Harry Reid says it's going to be a train wreck because not enough money to implement properly, run for cover.  When Barack Obama says there will be glitches and bumps in the road, run for cover.  That's politic speech for train wreck.

Even more ominous is the pending Benghazi revelations.  The big lie is about to popped.  The new investigation based on the heretofore blocked testimony of those who were on the scene has, according to CBS, can "bring down the Obama administration."  The testimony will show willful negligence at best, or intentional and deliberate decision making based on political expediency resulting in the deaths of four Americans, including the United States ambassador to Libya.  Then came the cover up with Obama's political operatives deliberately changing the talking points originally issued by the CIA in order to protect the political narrative. 

The media is beginning to pick up the story.  What was originally only reported on Fox News is now being examined in a major way by CBS which is being surprisingly aggressive.  Sooner or later the role of the press in the cover up will be exposed, and hopefully the likes of Candy Crowley who openly gave Obama cover in the debates will be brought to task.

Obama's appearances have been few and far between.  He gave a "love government" speech at Ohio State's graduation.  He gave a lame press conference which was embarrassing.  He gave a speech to Planned Parenthood...his core constituency.  It's clear he doesn't know what to do.  He is in trouble.  He knows it.  He is laying low.

Obama's biggest asset was the American public trust.  Now he has Benghazi.  He has the Boston bombing which shows the total ineptitude of his Department of Homeland Security (except if it is buying bulletts), and problems within the CIA and FBI chilled by a President who values political correctness over good results.  Lost in the discussion of the Boston bombings was the re-raising of barriers between the CIA and FBI at Obama's impetus.  That is a story that has yet to be told.

This is what we know.  The Dems will one by one start to run for cover as we approach the 2014 midterm election.  Then there are the folks who want Hillary to be the next President and will run from Obama like a rabbit from headlights in an effort to put distance between her and the President.  Then there is Joe Biden who has lots of friends in the Senate.  He wants to be President too, and under the current circumstances would have difficulty getting nominated let alone get elected.  Lord knows what he is doing behind the scenes.

 I have written before that the President that most resembles Barack Obama is not Jimmy Carter, who was at least an honest man, but Richard Nixon.  Dare I hope a similar outcome? 

Thursday, April 18, 2013

Gun Rights 1 - Obama 0



It was fun watching Obama’s temper tantrum after the righteous defeat of Sandy Hook inspired gun control regulations.  He pulled out all the stops.  Using the families of the dead Sandy Hook children as props, prodding a swooning media, using every emotional trick in the book…he failed.  All of a sudden he was concerned about thwarting the “will of the people.”  Actually it was the will of his fuming uber-left wing friends.  They didn't get their way.

Four Democratic Senators voted with Republicans.  All of them are up for re-election next year in red states.  They weren’t going to throw away their senatorial perks and privilege for Barack Obama…not this year anyway.  They aren’t stupid.  They saw what happened after Obama thwarted the will of the people on health care reform, and they want to be sure that doesn’t happen to them.

Americans actually get the Second Amendment.  An armed citizenry is the last defense against an imperial government.  Gun rights are not there to protect hunters.  They are they for people to defend themselves just in case the government gets too big for its britches.   The first thing any dictator does is get rid of the guns.  The next is to get rid of the lawyers.  That’s not a joke.

The facts contradict the anti-gun arguments.  Mass murders of the type in Sandy Hook and Aurora, Colorado are actually rare and represent on a small fraction of murders in the United States.  More deaths result from knives and hammers than semi-automatic weapons.  These incidents are horrific and tragic, but not common.  If the government wants to stop violence, go into the cities.  Go into Chicago and Detroit where gun violence is so common and a part of everyday life it has ceased being news worthy.  These are war zones in every sense of the word.

It also doesn’t help that none of the proposals in the defeated legislation would have stopped Sandy Hook or the Colorado theater shooting.  These are mental health issues, and NO proposals have been made to get the whack jobs off the streets; nor will you see any from the left because they put them there in the first place. 

The press has jumped on the anti gun band wagon.  At least CNN had the guts to admit that it was for this piece of legislation and would report the news accordingly.  The death of 20 some innocents in this type of violent incident is a tragedy in every sense of the word.  But what about the babies who survive an abortion procedure and are then killed by the performing doctor and his staff?  If you don’t know about the trial underway in Philadelphia as you read this, I rest my case.  Why is one story so horrific, and the other totally ignored? What is more tragic than breaking a baby’s neck after it is born alive in the name of abortion rights?  And what is really scary is I could probably mount a defense for this evil man given the state of abortion rights in America today.

Selective moral outrage has always been a hallmark of the left and Obama.  They are governed by causes rather than common sense.  The goal is power, not good government.  The motive is revenge and elitism rather than the will of the people.  Obama is a master of looking at the cameras and lying to the American people about his motives…and the will of the people.

Congrats to the Senate for standing up for individual freedoms and rights and the Constitution. But wait until after the election next year.  Gun control will be back!!!!

Sunday, March 31, 2013

Spring Break with the Obama's



Audacity is a word associated with Barack Obama. His book was entitled The Audacity of Hope. Perhaps a more apt title would have been The Audacity of Traveling on the Taxpayers' Dime. While the White House is still closed to school children and air traffic controllers are being laid off and illegal immigrant prisoners are being released, Obama’s family is partying on the beach in the Bahamas followed by skiing in Aspen. When a Colorado television station caught Obama’s little darlings on the slopes surrounded by an entourage of 20 secret service, Obama demanded the station remove the clip from its station website…and these jack asses complied. Really?

Now you need to try to understand. Can you say H-Y-P-O-C-R-I-T-E? We are now approaching $17 trillion in debt, borrowing between 30 – 40 cents of every dollar that is spent, and we are now paying for ANOTHER vacation for Obama’s brood. And not just one place…but two…one warm and the other cold! When was the last time you spent Monday Tues and Wednesday in the Bahamas and Thursday and Friday in Colorado skiing? Even Joe Biden got into the act with a $500,000.00 night in Paris and he's on vacation again this week.

Barack Obama has done an outstanding job of hiding his children and wife from view as they travel around the world at your expense. How many of you actually know the name of his children? That is how tight lipped the press has been about the comings and goings of Obama’s family. It made sense to me that he would want to protect his children’s privacy…but something is askew.

The heightened awareness of spending since the sequester has brought new and deserved scrutiny as to how the Obama family is spending our money. Malia will be 15 in July and Sasha is 12. Sending these kids on back to back vacations in the Bahamas and Aspen ought to be enough to bring them into the limelight. They aren’t in pre-school anymore. No, it is not their doing and they probably are blissfully unaware of the issues at hand.

On the other hand, Barack Obama has deliberately and vindictively made the decrease in the increase in spending as hard on the public as is possible as he throws his tantrum. Here’s an idea, Mr. President, how about a vacation on the Jersey shore?  When were the last time any of you reading this rant have been to the Bahamas and then to Aspen?  My family got a bus ticket to Niles and the Eastwood Mall for our vacation.

The hypocrisy of what I am seeing takes my breath away. The fact that the press is letting them get away with it is downright shameful. It’s time for the Obama Zombies to wake up. He has pulled the wool over your eyes, and the best is yet to come next year. Our economy grew .04% last month. We have 48 million people on food stamps. Those on disability are at an all time high and those participating in the labor force are at an all time low. In the middle of this mess, HHS is running ads in Mexico touting America’s food stamp program as illegal alien felons are released from custody. Why?  They are coming on vacation to the United States to test the waters.

But never fear….Sasha and Malia are vacationing at Atlantis in the Bahamas and Sun Valley in Colorado.  The world is safe for Democracy.