Wednesday, December 18, 2013
Incredible: Communist News Network (a/k/a CNN) Dismisses Importance Of NSA Court Decision Because It Disagrees With Attorney's Conservative Views
This interview segment from CNN yesterday demonstrates just how badly the media in this country have fallen under the control of our federal police state. CNN news anchor Don Lemon, an unaccomplished journalist and unabashed Obama supporter, along with the arrogant and grossly incompetent legal commentator, Jeffrey Toobin, do a tag team hit job on Judicial Watch's Larry Klayman, the attorney who successfully brought the lawsuit in the D.C. district court against the NSA's bulk collection of telephonic metadata that Judge Richard Leon ruled on Monday was unconstitutional. Because Klayman is a conservative who has questioned Obama's phony birth narrative, the two set out to delegitimize the importance of Judge Leon's ruling. Instead of discussing the importance of the ruling, the two set out to delegitimize it because they hold such disdain for Klayman's political views, exactly as Obama expects his unquestioning, hypnotized followers to react. When Klayman called the two out for who they really are, Lemon ordered Klayman's microphone cut and his video feed removed from the television screen. This is just another example of how dangerously close we are to losing our freedom in this country when a debate over such an importance issue as the Fourth Amendment is reduced to this gutter discourse.
ADM Decides To Move Corporate Headquarters To Chicago Without Tax Incentives
Archer Daniels Midland, the Decatur, Illinois-based agri-giant with a $27 billion market cap, sought $1.5 million in annual tax breaks from the state of Illinois under its EDGE credit program to relocate its corporate headquarters to Chicago. The special tax credit program requires legislative approval on a case-by-case basis in Illinois, and the state's Speaker for life, Rep. Michael Madigan (D-Chicago), balked at the plan given the state's poor financial condition. The Chicago Tribune is reporting that ADM will go forward with an announcement today of its relocation to Chicago where its CEO had already recently purchased a home without the tax credits. Legislative leaders in the Illinois House described ADM's demand, along with other recent corporate tax break demands as blackmail:
. . . Illinois House Majority Leader Barbara Flynn Currie characterized the ask as anything but benign.
"It is essentially blackmailing the state," Currie told Young. "It essentially is saying if you don't jump to, if you don't go do this for us, we might think about going somewhere else."
Even if the legislature had rubber-stamped the deal, Gov. Pat Quinn said he wouldn't approve such a measure until the House and Senate dealt with public pension reform.
But after the Democratic-controlled legislature voted this month for sweeping changes to public employee pensions, legislators seemed to squirm in the politically awkward position of squeezing labor at the same time they were considering tax incentives for big corporations.
Incentives for ADM, chemical company Univar and the newly merged combo of Naperville-based OfficeMax and Office Depot of Boca Raton, Fla., got through the Senate but weren't acted upon by the House before adjournment for the year Dec. 3.
OfficeMax/Office Depot last week announced its plan to make its home in Florida, a move affecting 1,600.
Democratic House Speaker Michael Madigan, the next day, suggested that a pattern of business executives threatening to leave Illinois unless they get tax incentives and politicians quickly responding has created an appearance of "corporate pay-to-play."
Madigan has called for overhauling a system that prompts companies to line up hat in hand at the Capitol.
"I find it very difficult to support tax giveaways for corporate CEOs and millionaire shareholders whose companies pay little in state taxes," Madigan, who is state Democratic chairman, said in a statement.
"I question our priorities when corporate handouts are demanded by companies that don't pay their fair share while middle-class families and taxpayers face an increasing number of burdens."
Madigan said the state "must resist the temptation to cave to corporate officials' demands every time they impose a deadline for payment in exchange for remaining in Illinois, and end the case-by-case system of introducing and debating legislation whenever a corporation is looking for free money from Illinois taxpayers."
From a logistical standpoint, Chicago was seen by many as ADM's logical choice for a headquarters all along, given its central location, educated workforce, transportation network and standing as an international hub.
But when Springfield balked at its incentives request, it toured other cities in the Midwest and beyond.
Asked several weeks ago what it would mean if ADM chose one of them instead, Emanuel rejected the question, instead focusing on what he thought would keep ADM in Illinois.
"ADM and their leadership will see what GE Transportation saw when they left western Pennsylvania and came to the city of Chicago," Emanuel said. "They thought it was an incredible business climate here in the city of Chicago. That's what I said to ADM and what I'd say to anybody."It will be interesting to see how this debate plays out with the bidding among 21 states for Boeing's new 777X plant. Chicago is the corporate headquarters of Boeing and the state is among those vying to win the proposal. Chicago might view it as a partial victory for the city if the plant is built in neighboring Gary, Indiana as opposed to another state.
Tuesday, December 17, 2013
Indiana Supreme Court Decision Allows Rockport Deal To Go Forward, Utility Consumers Be Damned
It's going to make hundreds of millions of dollars for political cronies of former Gov. Mitch Daniels, but it will hit the wallets of the state's natural gas users hard as they are forced to pay higher utility rates to finance Leucadia's coal gasification plant at Rockport. The Indiana Supreme Court's decision today turning back an appeal by opponents of the project ensures that the corrupt deal that should have been investigated by the FBI will go forward. “We won a complete and total victory,” said Leucadia projct manager Mark Lubbers boasted to the media. Lubbers is a former gubernatorial assistant to Gov. Daniels who was able to work the one-sided deal for Leucadia while drawing a paycheck as a contract employee of the governor's office. Indiana utility consumers will pay the price for this corrupt deal for decades to come, but as long as Mitch's buddies get super rich the Keith Bulen way at your expense, that's all that matters. The Indiana General Assembly shares a great deal of the blame because of its utter failure to exercise independent judgment, let alone represent their constituents, by giving their approval to the deal.
Monday, December 16, 2013
District Court Judge's Ruling Gives Glimmer Of Hope The Constitution's Bill Of Rights Still Has Some Viability
Legal scholars learned in Fourth Amendment jurisprudence welcomed a decision by D.C. District Court Judge Richard Leon today in Klayman et al. v. Obama, et al. holding that the NSA's bulk collection and analysis of telephonic metadata is an unreasonable search and seizure. Judge Leon stayed a preliminary injunction pending a certain appeal by the government to the D.C. Court of Appeals.
While many would agree with Judge Leon's opinion, the ruling is particularly noteworthy because of the identity of the plaintiff who brought this case (not the ACLU) and the conservative background of the judge who decided it. The lead plaintiff, Judicial Watch's Larry Klayman, is a staunch conservative activist viewed as a pariah by liberals. Judge Leon is a conservative jurist nominated to the federal bench by former President George W. Bush on the day before 9/11. He's a former classmate of Justice Clarence Thomas at the College of the Holy Cross, earned his LLM degree from Harvard, taught law at St. John's University School of Law, and worked as a senior attorney in the Reagan Justice Department before working on the Select House Committee that investigated the Iran-Contra affair. He also worked for two major D.C. law firms immediately before his appointment to the federal bench.
The government argued that the Supreme Court's 1979 ruling in Smith v. Maryland squarely permitted the NSA's bulk collection of telephonic metadata. In that case, police had installed a pen register without obtaining a warrant, which revealed that the suspect had placed a phone call to a robbery victim on one occasion. The Supreme Court held that the defendant had no reasonable expectation of privacy with respect to the numbers dialed from his telephone because he voluntarily transmitted that information to the telephone company which maintained it as a business record. Judge Leon noted that the Supreme Court last year in U.S. v. Jones held that the placement of a GPS tracking device on a vehicle to track its movement for nearly a month without a warrant violated the defendant's reasonable expectation of privacy despite the fact that the Court had previously ruled in 1983 that a tracking beeper placed on a vehicle did not constitute a search within the meaning of the Fourth Amendment. The Court distinguished the earlier case from the Jones decision because it was "a short-range, short-term tracking device" as opposed to "constant, month-long surveillance achieved with the GPS device attached to Jones' car."
Judge Leon noted that the NSA bulk data collection of telephonic metadata involved "the creation of a historical data base containing five years' worth of data" with the "very real prospect that the program will go on for as long as America is combating terrorism, which realistically could be forever!" "[T]he almost-Orwellian technology that allows the Government to store and analyze the phone data of every telephone user in the United States is unlike anything that could have been conceived in 1979," Leon reasoned. "The notion that the Government could collect similar data on hundreds of millions of people and retain that data for a five-year period, updating it with new data every day in perpetuity, was at best in 1979, the stuff of science fiction."
Judge Leon also persuasively distinguished 1979 as a time when people still relied on single land line phones in their home as opposed to today when multiple family members within a household carry cell phones everywhere they go that serve multiple purposes beyond simple use as a telephone. "Thirty years ago, streets were lined with pay phones. Thirty years ago, when people wanted to send "text messages," they wrote letters and attached postage stamps." He concluded, "Put simply, people in 2013 have an entirely different relationship with phones than they did thirty-four years ago . . . This rapid and monumental shift towards a cell phone-centric culture means that the metadata from each person's phone 'reflects a wealth of detail about her familial, political, professional, religious and sexual associations.'"
While many would agree with Judge Leon's opinion, the ruling is particularly noteworthy because of the identity of the plaintiff who brought this case (not the ACLU) and the conservative background of the judge who decided it. The lead plaintiff, Judicial Watch's Larry Klayman, is a staunch conservative activist viewed as a pariah by liberals. Judge Leon is a conservative jurist nominated to the federal bench by former President George W. Bush on the day before 9/11. He's a former classmate of Justice Clarence Thomas at the College of the Holy Cross, earned his LLM degree from Harvard, taught law at St. John's University School of Law, and worked as a senior attorney in the Reagan Justice Department before working on the Select House Committee that investigated the Iran-Contra affair. He also worked for two major D.C. law firms immediately before his appointment to the federal bench.
The government argued that the Supreme Court's 1979 ruling in Smith v. Maryland squarely permitted the NSA's bulk collection of telephonic metadata. In that case, police had installed a pen register without obtaining a warrant, which revealed that the suspect had placed a phone call to a robbery victim on one occasion. The Supreme Court held that the defendant had no reasonable expectation of privacy with respect to the numbers dialed from his telephone because he voluntarily transmitted that information to the telephone company which maintained it as a business record. Judge Leon noted that the Supreme Court last year in U.S. v. Jones held that the placement of a GPS tracking device on a vehicle to track its movement for nearly a month without a warrant violated the defendant's reasonable expectation of privacy despite the fact that the Court had previously ruled in 1983 that a tracking beeper placed on a vehicle did not constitute a search within the meaning of the Fourth Amendment. The Court distinguished the earlier case from the Jones decision because it was "a short-range, short-term tracking device" as opposed to "constant, month-long surveillance achieved with the GPS device attached to Jones' car."
Judge Leon noted that the NSA bulk data collection of telephonic metadata involved "the creation of a historical data base containing five years' worth of data" with the "very real prospect that the program will go on for as long as America is combating terrorism, which realistically could be forever!" "[T]he almost-Orwellian technology that allows the Government to store and analyze the phone data of every telephone user in the United States is unlike anything that could have been conceived in 1979," Leon reasoned. "The notion that the Government could collect similar data on hundreds of millions of people and retain that data for a five-year period, updating it with new data every day in perpetuity, was at best in 1979, the stuff of science fiction."
Judge Leon also persuasively distinguished 1979 as a time when people still relied on single land line phones in their home as opposed to today when multiple family members within a household carry cell phones everywhere they go that serve multiple purposes beyond simple use as a telephone. "Thirty years ago, streets were lined with pay phones. Thirty years ago, when people wanted to send "text messages," they wrote letters and attached postage stamps." He concluded, "Put simply, people in 2013 have an entirely different relationship with phones than they did thirty-four years ago . . . This rapid and monumental shift towards a cell phone-centric culture means that the metadata from each person's phone 'reflects a wealth of detail about her familial, political, professional, religious and sexual associations.'"
Sunday, December 15, 2013
FBI Raids Louisiana Charter School With Ties To Gulen Movement
The FBI raided the offices of the Kenilworth Science & Technology charter school in Baton Rouge, Louisiana this past week according to the The Times Picayune. Like the Indiana Math & Science Academy charter schools in Indianapolis, the charter school in Kenilworth has ties to the controversial education movement inspired by Fethullah Gulen, a Turkish exile once accused of trying to overthrow the Turkish government who now resides in Pennsylvania under a grant of asylum. Gulen has amassed a multi-billion dollar fortune from explained sources while living in virtual seclusion in a rural Pennsylvania community, rarely appearing in public and primarily communicating to his followers through recorded video messages.
The FBI and school are not talking about the cause for this past week's raid, but a Philadelphia Inquirer report in 2011 indicated that the FBI was investigating whether teachers employed by schools associated with the Gulen movement are required to kick back part of their taxpayer-supported salaries to Hizmet, a Turkish Muslim movement.
The Gulen-affiliated charter schools have been criticized for hiring Turkish immigrant teachers the schools sponsor for H-1B non-immigrant visas and permanent resident status rather than hiring available American teachers. The Indiana Math & Science Academy's three charter schools in Indianapolis filed 37 applications for H-1B visas between 2001 and 2012, two of which were denied. It filed another 4 applications for green cards, two of which were denied during the same period.
Advance Indiana previously reported how many Indiana politicians and reporters have been wined and dined and taken on free trips to Turkey by a front group for the Gulen Movement, the Niagara Foundation, to promote the movement's agenda in the U.S. One of the group's leaders, Bilal Eksili, seems to show up wherever prominent Indiana politicians can be found to present awards to them for their past support and to have his photo taken with them, which he proudly displays on the group's website and his Twitter account, describing the politicians as his "friend." The organization had former Indiana Supt. of Education Tony Bennett, a big proponent of charter schools, wrapped around their finger.
The FBI and school are not talking about the cause for this past week's raid, but a Philadelphia Inquirer report in 2011 indicated that the FBI was investigating whether teachers employed by schools associated with the Gulen movement are required to kick back part of their taxpayer-supported salaries to Hizmet, a Turkish Muslim movement.
The Gulen-affiliated charter schools have been criticized for hiring Turkish immigrant teachers the schools sponsor for H-1B non-immigrant visas and permanent resident status rather than hiring available American teachers. The Indiana Math & Science Academy's three charter schools in Indianapolis filed 37 applications for H-1B visas between 2001 and 2012, two of which were denied. It filed another 4 applications for green cards, two of which were denied during the same period.
Advance Indiana previously reported how many Indiana politicians and reporters have been wined and dined and taken on free trips to Turkey by a front group for the Gulen Movement, the Niagara Foundation, to promote the movement's agenda in the U.S. One of the group's leaders, Bilal Eksili, seems to show up wherever prominent Indiana politicians can be found to present awards to them for their past support and to have his photo taken with them, which he proudly displays on the group's website and his Twitter account, describing the politicians as his "friend." The organization had former Indiana Supt. of Education Tony Bennett, a big proponent of charter schools, wrapped around their finger.
Pence Confirms That Indiana Is Among 15 States Bidding To Land $10 Billion Boeing Plant
The Northwest Indiana Times' Dan Carden received confirmation from Gov. Mike Pence on our earlier speculation based on an "Indiana Legislative Insight" item about a rumored big economic development project in the works that Indiana is quietly competing with many other states to land a $10 billion proposed Boeing plant that would build the aviation company's new 400-seat, 777X plane and a site near the Gary airport is the preferred location. "We have had contact with them and discussions, but I won't comment further on those," Pence said. "I will tell you, every opportunity that we are given to tell Indiana's story and make the case for Indiana — we do." State Rep. Ed Soliday (R-Valparaiso), a retired airline pilot, makes the case for the Northwest Indiana site.
State Rep. Ed Soliday, R-Valparaiso, chairman of the House Transportation Committee, said Indiana is the most logical place for Boeing to build the plane, given the state's strong manufacturing workforce and Purdue University's aeronautics programs — and Northwest Indiana boasts all the road, rail, port and airport connections Boeing is seeking.
"I'm enthused about what it could do for the Northwest Indiana economy, and I'm hoping we're the ones in consideration, because I think it could be great for us," Soliday said. "I could build you a good case for a Gary-area location."
Soliday, a pilot and former United Airlines executive, said the soon-to-be completed 8,900-foot runway at Gary/Chicago International Airport, which is already home to Boeing's Midwest corporate jet fleet, "is as good as 9,000."
Indianapolis, Terre Haute and Fort Wayne all have airport runways exceeding 9,000 feet, though none have the same road, rail and port connections as Northwest Indiana.
Saturday, December 14, 2013
News Reports: Pence Will Name State Rep. Suzanne Crouch As New State Auditor
Various news reports indicate that Gov. Mike Pence will announce on Monday that he is appointing State Rep. Suzanne Crouch (R-Evansville) as the state's new state auditor to replace Dwayne Sawyer, the Brownsburg Town Council President he appointed to the job in August and then forced to resign last month for reasons he refuses to tell to the public. She's a full-time lawmaker who formerly served two terms as Vanderburgh County's auditor and one term as the Vanderburgh County GOP chairman. She's been a member of the House of Representatives since 1995. Her husband is an Evansville attorney. They have one daughter. This seems like a safe choice for Pence and she's qualified for the job unlike his last appointee.
Friday, December 13, 2013
Indiana In The Hunt For New Boeing Plant?
A number of states are competing to land a major Boeing aircraft manufacturing plant for the company's new 777-X long-haul aircraft. The opportunity to land the $10 billion investment and 8,500 high-paying jobs that go along with it has about a dozen states lobbying to win the prized economic development opportunity. Indiana is not among the states publicly identified as competing for the project, but an item in the latest edition of Ed Feigenbaum's "Indiana Legislative Insight" suggests Indiana is in the hunt for the new plant. "[W]e have exclusively learned Indiana is apparently among about one-dozen states (and one of the few that has remained entirely under the radar) competing for a huge economic development project," Feigenbaum writes.
The potential sites within Indiana are very limited. It must be close to an airport with a runway of at least 9,000 feet, have access to an international seaport and direct rail. Indianapolis has a suitable airport and prime land available nearby for the project but lacks access to a seaport, unlike Evansville and Gary, both of which have airports with runways just shy of the requirement according to Feigenbaum. The recent announcement this past week that Gary airport officials have entered into an agreement to privatize its airport might suggest a deal is in the works for that site. There's plenty of land and direct access to rail in Gary, not to mention its proximity to Boeing's corporate headquarters in Chicago.
Feigbenbaum suggests that this project is what's driving Gov. Mike Pence's decision to push legislation next year to eliminate or phase out the business personal property tax and emphasis on infrastructure and job skills improvement. He says Indiana would not be a contender for the project if it was not a right to work state. Other states have been very public in their bidding war to offer huge tax breaks and incentives to convince Boeing to land the project in their states. He thinks Indiana has won props with Boeing officials by respecting the corporate confidentiality agreement on the deal.
The potential sites within Indiana are very limited. It must be close to an airport with a runway of at least 9,000 feet, have access to an international seaport and direct rail. Indianapolis has a suitable airport and prime land available nearby for the project but lacks access to a seaport, unlike Evansville and Gary, both of which have airports with runways just shy of the requirement according to Feigenbaum. The recent announcement this past week that Gary airport officials have entered into an agreement to privatize its airport might suggest a deal is in the works for that site. There's plenty of land and direct access to rail in Gary, not to mention its proximity to Boeing's corporate headquarters in Chicago.
Feigbenbaum suggests that this project is what's driving Gov. Mike Pence's decision to push legislation next year to eliminate or phase out the business personal property tax and emphasis on infrastructure and job skills improvement. He says Indiana would not be a contender for the project if it was not a right to work state. Other states have been very public in their bidding war to offer huge tax breaks and incentives to convince Boeing to land the project in their states. He thinks Indiana has won props with Boeing officials by respecting the corporate confidentiality agreement on the deal.
Lake County Election Board Dismisses Complaint Against McDermott
The Lake County Election Board yesterday dismissed a complaint Republican activist Eric Krieg filed against Hammond Mayor Tom McDermott, Jr. As I pointed out in a previous post, there is nothing in Indiana's campaign finance law that prohibits candidates from using campaign funds to pay family members for campaign-related work. Krieg's complaint challenged $334,000 in payments McDermott's campaign made to his wife to prepare his campaign finance reports. The payments, by any standard, were quite excessive. He probably could have found a CPA who would have prepared the reports for a fraction of the charge.
The election board also dismissed two other complaints Krieg included in his complaint. Krieg had questioned $6,000 McDermott's campaign had paid to David Woerpel to drive him to political events. A third complaint questioned the rent McDermott's campaign paid for office space. The campaign paid Pyramid Development $1,000 to rent office space in a building valued at between $500,000 and $1,000,000 and upon which annual property taxes of $23,000 are paid. Krieg believed that McDermott's campaign was receiving an unreported, in-kind contribution from the building's owner because the rent was too low. The Republican election board member, attorney William Fine, voted against dismissal of that complaint, which he believed had merit. "Mayor McDermott raises a lot of money,” Fine said. “I’m concerned there’s a lot of smoke there and may be fire. If we dismiss, that smoke will hang over this board for a long time."
McDermott shouldn't get too comfortable that he's in the clear. Krieg's questioning of his former political opponent's use of his county office for political purposes hit pay dirt after the FBI launched an investigation. Although Krieg lost his race to Lake County Surveyor George Van Til in the 2012 election, the FBI investigation culminated in criminal charges against him, which ended when Van Til recently agreed to plead guilty to charges of using government employees in his office to perform political work. Van Til also resigned from his office. He awaits sentencing by a federal judge.
McDermott should also be mindful of the fate of two prominent Illinois politicians just across the state line. Former U.S. Rep. Jesse Jackson, Jr. and his wife, Chicago Alderman Sandra Jackson, pleaded guilty earlier this year to federal charges of using their respective campaign funds for personal use. Both were forced to resign from office. Rep. Jackson was sentenced to 2 1/2 years in prison and ordered to repay $750,000 as restitution. His wife was ordered to serve 200 hours of community service and pay restitution of $22,000.
UPDATE: Somebody's reading:
The election board also dismissed two other complaints Krieg included in his complaint. Krieg had questioned $6,000 McDermott's campaign had paid to David Woerpel to drive him to political events. A third complaint questioned the rent McDermott's campaign paid for office space. The campaign paid Pyramid Development $1,000 to rent office space in a building valued at between $500,000 and $1,000,000 and upon which annual property taxes of $23,000 are paid. Krieg believed that McDermott's campaign was receiving an unreported, in-kind contribution from the building's owner because the rent was too low. The Republican election board member, attorney William Fine, voted against dismissal of that complaint, which he believed had merit. "Mayor McDermott raises a lot of money,” Fine said. “I’m concerned there’s a lot of smoke there and may be fire. If we dismiss, that smoke will hang over this board for a long time."
McDermott shouldn't get too comfortable that he's in the clear. Krieg's questioning of his former political opponent's use of his county office for political purposes hit pay dirt after the FBI launched an investigation. Although Krieg lost his race to Lake County Surveyor George Van Til in the 2012 election, the FBI investigation culminated in criminal charges against him, which ended when Van Til recently agreed to plead guilty to charges of using government employees in his office to perform political work. Van Til also resigned from his office. He awaits sentencing by a federal judge.
McDermott should also be mindful of the fate of two prominent Illinois politicians just across the state line. Former U.S. Rep. Jesse Jackson, Jr. and his wife, Chicago Alderman Sandra Jackson, pleaded guilty earlier this year to federal charges of using their respective campaign funds for personal use. Both were forced to resign from office. Rep. Jackson was sentenced to 2 1/2 years in prison and ordered to repay $750,000 as restitution. His wife was ordered to serve 200 hours of community service and pay restitution of $22,000.
UPDATE: Somebody's reading:
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