Daily Kos

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The "Pragmatist's View On FISA" Is Wrong

Thu Jun 26, 2008 at 08:05:26 AM PDT

NCrissieB tries to make the case that the telecom immunity is no biggy because:

this bill provides an affirmative, threshhold defense of "acting in good faith under color of law."  An affirmative defense must be raised and proved by the defendant telecom, and it's up to the trial judge to determine whether the telecom did in fact "act in good faith under color of law."  If the trial judge determines that it did, the suit is dismissed.  If the trial judge determines that it didn't, the suit goes forward.

If this were true, I would feel a lot better because someone would have to prove to the court that Bush was authorized to conduct domestic spying contrary to FISA requirements and that a court made the determination that the spying program was lawful.  But, this is not required by the telecom bill.

Sen. Obama: Yes, You Can Keep Your Word To Hold Bush Accountable - Stop The FISA Bush Immunity

Tue Jun 24, 2008 at 09:13:21 PM PDT

In April 2008, Attywood asked Senator Obama if he as President would hold former Bush administration officials accountable by seeking prosecution for crimes committed.  Obama promised that he would review the information to determine whether an investigation was required; and, if officials knowingly violated existing laws, Obama indicated that he would pursue prosecution.  

Based upon Obama's standard, there should be an investigation and potential criminal prosecution of Bush and other officials for knowingly violating FISA. Bush has admitted publicly that he did not comply with FISA, which is a criminal offense.  

However, the FISA bill pending before the Senate may take this putative prosecution off the table by providing immunity to Bush while codifying his unitary executive theory.  In order for President Obama to keep his word that he would hold Bush officials accountable for clear, knowing criminal violations, Senator Obama needs to stop this FISA bill, or at least provide amendments which clearly eliminate any colorable argument of immunity for Bush.

Overnight News Digest: Bloggers Hit By AP & Army Edition

Fri Jun 13, 2008 at 09:01:46 PM PDT

Top Story: Blogging & Megamedia News

AP Files 7 DMCA Takedowns Against Drudge Retort, claiming the news aggregator site is violating copyright law and committing "hot news" misappropriation under NY state law. An AP lawyer "filed six Digital Millenium Copyright Act takedown requests this week demanding the removal of blog entries and another for a user comment."

This issue could ripen into one affecting all bloggers, not just news aggregators, because each diary that links to megamedia articles is using similar hyperlinking. It may be that the AP strategy is to grab the smaller sites first to establish precedent before filing against larger sites.

Genital Torture of Guantanamo Prisoner?

Thu Jun 12, 2008 at 09:09:52 AM PDT

The AP is reporting that the US has photographic evidence of torture of a Guantanamo prisoner in which a doctor's scalpel was used to slash the prisoner's genitals when the prisoner was rendered to Morocco.  Apparently, Mr. Bush believes that torture under even his convoluted definition does not occur if it happens off US soil.

Goodbye Lucky

Fri Jun 06, 2008 at 09:08:27 PM PDT

Lucky was an orange bobtail cat which was abandoned by his human "family" around 15 years ago when he was just a few years old. He died today at vets' guesstimate of 17-19 years old. We knew and loved him for 3 ½ years.

Lucky's original "family" lived a block or so from us. When they moved from the neighborhood, they just abandoned Lucky. It was not accidental. They just intentionally left this sweet cat to fend for himself.

McCain's Katrina Shame

Thu May 22, 2008 at 05:26:25 PM PDT

McCain is working hard to separate himself from Bush, who the public views as a political liability. There are honorable ways for McCain to disengage from Bush, but McCain has chosen to use the ongoing pain and suffering endured in NOLA as a Hollywood backdrop for his politically contrived horse-and-pony show to prove that he is indeed a "kinder, gentler Republican."

Last April, McShame declared in his "forgotten places of America tour" that Bush's handling of the Katrina disaster was "terrible and disgraceful," pledging that it would never happen with President McShame. Given that natural disasters or terrorism could create another crisis, how would a President McShame prepare for this crisis in order to protect us and how would he manage the crisis?  We don't have to speculate. We have a public record of how McShame prepped for Katrina, responded to a flooded city with dead bodies, and addressed the recovery in the aftermath. Let's take a peek.

HOT DIARY sinking on list

Wed May 21, 2008 at 09:51:29 AM PDT

Please read this excellent diary by srkp23 on how FBI Ordered to Shut Down GTMO "War Crimes" File.

We now have two major departments of our government silenced about unlawful and/or illegal activities:  The Justice Dept. US Attorney probe and now the FBI. This war crimes file was created in the context of torture and thus involves human rights.  It is also now analogous to the US Attorney probe. When the FBI orders a halt to an informal "probe" to document what law enforcement officials believe is war crimes, the FBI mission is politicized to cover-up illegal acts just like with the US Attorney probe where the Justice Dept. was used as a political tool to charge crimes against Democrats or to stop probes of goppies.  Two major agencies corrupted by politicization.  

Court Rejects Bush's New Dump-Waste-In-Waterways Rule

Fri May 16, 2008 at 08:29:19 PM PDT




Source: Please click here to see full-sized picture  Alaska Coalition

A few years ago, Bush changed the law to legalize the dumping of waste into our streams and lakes.  For years, federal agencies unlawfully issued permits to allow the dumping of MTR mining waste into Appalachian streams.  After environmental groups obtained injunctions to stop this practice, Bush changed the rules to create a new standard for a new permit to authorize the use of our waterways as waste sites.  

As shown in the picture, Bush has moved from Appalachian streams to a lake in one of our national forests on the West Coast. In one of the first cases to adjudicate Bush's new rule, the court held that even if the mining waste appears to qualify for one of Bush's new easy permits, if the EPA has issued certain water quality standards that govern the waste, then the mining company must obtain one of those stricter permits that Bush tried to circumvent with his new rule.  

Bye "straight talk": Hello to McCain's Pander Pastor Express

Wed May 14, 2008 at 08:04:15 PM PDT

McCain & Megamedia, Inc. claim he's not getting a pass on the story of the extremist pastors endorsing him.  Rather, the megamedia have simply coincidentally focused on the McCain meme of distinguishing relationships that each candidate had with a pastor(s).

By focusing on the minutiae, the public is distracted from two key issues that voters may actually care about. One, politicians generally seek endorsements from persons who share their political ideology. The megamedia should ask McCain specifically whether he supports the political policies and religious doctrines advocated by these pastors for each issue not unequivocally rejected by McCain. Two, McCain denounced candidate pandering to "agents of intolerance" as a campaign strategy in 2000 but then embraced this strategy in 2006, the same year McCain started prepping for his 2008 campaign, which is an issue of his credibility, integrity and leadership as a potential US president.  

Destruction of Mangroves Contributed to Cyclone Deaths

Fri May 09, 2008 at 06:29:41 PM PDT




Source:  Mangrove Cluster on Banks of River

Given the number of deaths caused by the Burma cyclone, one question is what could have been done beforehand to better protect people.  One answer is that we need to stop destroying our natural resources.   Mangroves are natural buffers which decrease the severity of impacts from storms. The destruction of mangroves is a contributing factor to the death toll from the cyclone because people simply did not think of the environmental and human consequences of destroying the natural buffer.  Contrary to WH spin, the mangroves may have provided better protection of human lives than even government warning systems.

Indian Tribes Win Biggy Eco/Sacred Mountains Case

Wed May 07, 2008 at 08:15:44 PM PDT




Source:  Photo by Rebecca Kennison

In Navajo Nation v. US Forest Service (2007) (pdf file),  the 9th Circuit held that a proposed project to use treated sewage effluent on the San Francisco Peaks violated the religious rights of 13 Indian Tribes under the Religious Freedom Restoration Act (RFRA).  This victory is exciting because it is the first case to apply RFRA to protect sacred sites of Native Americans.  Environmental laws have not stopped the degradation of natural resources interconnected with traditional religious and ceremonial practices.  Our government and corporations have desecrated tribal lands generally with impunity. Well, the times may be A-Changin' as this case develops progeny.

Grassroots Takes On Pesticide Industry --- And Wins Some

Mon May 05, 2008 at 07:00:45 PM PDT




Source:  A flowering dandelion

Ontario, following the lead of Quebec, is considering legislation to ban the sale and use of "cosmetic" pesticides applied to lawns and gardens to kill pests and weeds.  The banning was delayed for years due to "unusual turf wars occurring almost nowhere else in the world" over the right to use pesticides to kill lawn enemy #1, the mighty dandelions.  The pesticide industry has tried to use this quest for the lush green lawns that are perfectly manicured to stop Americans from seeking restrictions on pesticide use.

Diseased Men, Women & Children Walking

Sun May 04, 2008 at 07:37:00 PM PDT




Source:  Public Domain Photo

Some of the pollutants, chemicals and pesticides that have been released into our environment are now in our air, soil, water, food...and our bodies.  Studies have linked pesticides to serious illnesses, which may not become symptomatic  for years. While everyone is at risk from exposure to these pesticides, a governmental report has identified who is particularly vulnerable to the health risks.  This all reminds me of the film, Dead Man Walking: The "title comes from the traditional call in the U.S.A. ..."walking, dead man walking here!" from a prison guard as a condemned prisoner is led into the execution chamber."

Creating Drinking Water From Air

Sun Apr 20, 2008 at 08:13:46 PM PDT

Cross-posted on THE ENVIRONMENTALIST and Reuters

At least 36 states will face water shortages in the next 5 years as supplies decrease due to drought, rising temperatures, population and inefficient management.  Tensions created by mandatory conservation restrictions have turned neighbors against each other by reporting to the water police suspected illegal watering based on a lawn that was simply too green.  

For a change, there is some good environmental news. Companies and individuals have developed technologies to capture water vapors in our air to create drinking water... or, as in this picture, a water maker that collects dew.

Bush's Deadly Climate Change BS

Thu Apr 17, 2008 at 07:47:24 PM PDT

A Siegel has raised the issue of Bush's desire to now control the climate change debate with his faux concern about global warming. While FISA affects our privacy rights, democracy and justice, if Bush changes our environmental laws, it will impact whether we live, our health, where we live, our quality of life, whether we have animals and the nature of our environment.  If Bush changes our environmental laws, we will have measures enacted that will undermine sincere efforts to find and implement real change so that corporations may continue to reap profits from raping our environment.  Correcting Bush's laws will not be easy.  The public will be conned that there is no need for further legislation so that any climate change proposals will be taken off the table. Finally, if Bush changes our laws, he will eliminate what has been an effective tool for environmental groups to force Bush to comply with our laws and these lawsuits have been a necessity particularly given our very feckless Congress.

Air Pollution Killing The Fragrance of Flowers

Fri Apr 11, 2008 at 11:52:28 AM PDT

Air pollution from our power plants and cars is
destroying the fragrance of flowers. This may sound like a silly, liberal "tree-hugging" complaint about the evils of air pollution. But, think about the ecological impact: Our lovely little bees use the scent of flowers like a roadmap to the source in order to pollinate flowers for our bouquets as well as our flowering plants for our food supply.

CDC Says Climate Change Will Impact Health In Next Few Decades

Wed Apr 09, 2008 at 07:47:37 PM PDT

Today, a top government health official announced that climate change will have a "significant impact" on health, particularly the elderly and children, in the "next few decades."

Howard Frumkin, a senior official of the Centers for Disease Control and Prevention, gave a detailed summary on the likely health impacts of global warming at a congressional hearing. But he refrained from giving an opinion on whether carbon dioxide, a leading greenhouse gas, should be regulated as a danger to public health.

Frumkin presented some details about the type of public health impacts from climate change. This was important testimony of our government admitting that global warming is not a myth, that the impacts will include much more than warmer temperatures, and that the time frame of impacts happening is the "next few decades."  However, this information would have been released a year ago if the WH had not censored the testimony that was presented at that time.

Gore: Crisis of Citizenship Impedes Addressing Environmental Crises

Tue Apr 08, 2008 at 08:28:25 PM PDT

Last month Al Gore discussed how our democracy crisis is impeding our efforts to address the climate crisis. As Gandhi said, "We must become the change we want to see" in the world. Gore stated that we can not solve the climate crisis until we solve the crisis of citizenship and democracy.  The outcome we desire for global warming or any environmental issue is not going to be achieved by our beliefs unless it is accompanied by new behavior of citizen involvement at both the personal and political levels. Behavioral changes are good, like conservation, but Gore stated that it is more important to change the laws. Changing laws requires acknowledging an urgency of the environmental crises we face.


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