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Monthly Archives: September 2007

Colbert on SCHIP

29 Saturday Sep 2007

Posted by Michael Bersin in Uncategorized

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Colbert, Medicaid, SCHIP

Colbert is in his glory declaiming against raising the SCHIP funding.  He says it would offer insurance: 

to millions of uninsured kids whose parents make just a little too much to receive Medicaid.  Now I don’t see the point.  If these kids’ parents tried hard enough, I’m sure they could get poor enough to qualify.

Treat yourself to the whole rant. 

(And thanks to tonva for bringing the video to my attention.)

Death of a Drive

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

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California petition drive, Hiltachk, Hurth

Just when I was looking forward to watching a small-time butt-biter drag Rudy Giuliani through the dirt, my hopes have been shattered.  The petition drive in California to get voters there to split their electoral votes between parties is gasping its last.  I know.  I should be elated at that development, but I have to admit I wasn’t very worried that it would pass.  California’s a Democratic state.  Why would the voters there pass anything so idiotic?

Anyway, it turns out that the revelations about Chet Hurth’s contribution to the petition drive sent it into its death throes.  Thomas Hiltachk, who wrote the petition, has pulled his support, as have the other major backers.

“‘Shambles’ is the wrong word,” said strategist Marty Wilson, who curtailed his fundraising efforts weeks ago. “The campaign never got off the ground.”

Hurth must be breathing one huge sigh of relief. 

But I have to wonder if the decision to end the drive came from its instigator?  Might that be Rudy Giuliani?

The SLPS lawsuit – everything you wanted to know, but were afraid to ask

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

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[from the SLS Watch]

The Law Suit by Susan Turk

Jefferson City — September 25 — Board of Education of the City of St. Louis versus Kent King, the Missouri State Board of Education and the Missouri Department of Elementary and Secondary Education began to be heard in Judge Richard Callahan’s second floor courtroom in the Cole County Courthouse in Jefferson City today.  The lawsuit was brought by 5 elected Board of Education members, William Purdy, Peter Downs, David Jackson, Jr., Donna Jones and Katherine Wessling.  All 5 were present for the proceedings.

The law suit was undertaken because the Missouri Department of Elementary and Secondary Education arbitrarily and capriciously applied its accreditation review rules to deliberately and unreasonably deny the SLPS provisional accreditation.  This was done in order to make it possible for the State Board of Education to declare the SLPS to be unaccredited and wrest governance from the elected Board of Education.  Prior to December 15, 2006, the date when the Danforth Freeman Special Advisory Committee on the SLPS submitted its DESE commissioned report, the SLPS was undergoing its routine annual performance review and had submitted adequate data to be awarded 5 performance standards.  It is necessary to meet 6 standards to achieve provisional accreditation.  The SLPS submitted additional data which was expected to earn the 6th standard.  But that data was subsequently rejected.  After December 15, communication between the SLPS and the DESE was quixotic and ensured that the SLPS would be unable to meet 6 standards.

There are 29 counts in the lawsuit.  Each count could provide a reason for the judge to return control of the SLPS to the elected board. Here is a summary of the counts.

1. DESE uses a booklet titled “Understanding Your Annual Performance Report” which explains the performance standards school districts must meet to be accredited.  State law requires that it be filed with the Secretary of State.  DESE hasn’t filed it.  That makes the standards invalid and unenforceable.

2. The Performance Standards are so vague and incomplete that a person of ordinary intelligence would not know what is required.  For example several standards require that the percentage of students going on to higher education or taking certain courses is “high or increasing”  High and increasing percentages are not defined.

3.The State Board’s action towards the SLPS is arbitrary and capricious.  SLPS are being treated differently than other districts such as Wellston which was given a new category of interim accreditation to prevent it from becoming financially unviable and enabling it to recover academic quality while under state supervision.

4. The governor appointed a CEO to the transitional school district on March 22 when the Senate was in session.  Because the CEO was nominated during the Senate session but not confirmed, he has no authority to act under the Constitution.  If the Court decides it was a recess appointment, the appointment is invalid because the law that created the transitional board only transfers the Board of Education’s power to a permanent CEO, not a temporary one.

5. DESE found the SLPS did not meet the performance standards for postsecondary education and career education credits taken by juniors and seniors because they showed significant improvement.  The standards require that “high and increasing” percentages of students attend post secondary programs or take career education courses.  The SLPS hired a company named National Student Clearinghouse to track students and improve the data.  DESE requested additional data going back 5 years including personal information that had never previously been required and gave a 4 week deadline.  Requests for an extension were denied.  DESE’s denial of the standard because improvement was shown and request for never before collected data going back 5 years was arbitrary and capricious.

6.Only those powers granted to the Board of Education on or before August 28, 1998 are to be transferred to the TSD.  A list of 34 powers that were granted to the Board of Education after that date remains with them. That list of powers includes setting the tax rate, collecting and expending the desegregation sales tax, appointing retirement system trustees, and purchasing all textbooks.

7. MRS 162.1100, the statute which created the TSD for the City of St. Louis,  violates Article I, section 1 of the Missouri Constitution because it replaces an elected body with an appointed body and divests the political power of the people of St. Louis.

8. MRS 162.1100 violates the equal protection clause of the Missouri Constitution because no other school board loses power immediately upon losing accreditation.  All others are given 2 years to improve before being relinquished of power.

9. MRS 162.1100 violates Article I, Section 3 of the Missouri Constitution which gives people living in a jurisdiction the right to regulate and police their own government.

10. MRS 162.1100 violates Article I, Section 10 of the Missouri Constitution because it transfers title of all property owned by the Board of Education to the TSD without due process.

11. MRS 162.1100 violates Article I, Section 13 of the Missouri Constitution because it interferes with the Board of Education’s ability to fulfill contracts to which it is a signatory such as the Desegregation Settlement Agreement.

12. MRS 162.1100 violates Article I, Section 14 of the Missouri Constitution because it exempts the Board of Education from its right of judicial review.

13. MRS 162.1100 violates the Missouri Constitution because it strips the Board of Education of property without providing a hearing or compensation.

14. MRS 162.1100 is unconstitutional because it robs the citizens of St. Louis of free exercise of the right of suffrage.  Voting is a fundamental right in Missouri.

15. MRS 162.1100 violates Article II, Section 40 of the Missouri Constitution which prohibits the General Assembly from enacting laws which create offices or prescribe the powers and duties of officers in school districts.

16.MRS 162.1100 violates Article III, Section 41 of the Missouri Constitution because it enacts a special or local law.

17. DESE superceded its constitutional authority by appointing an SAB to supervise instruction in the SLPS.  Only DESE has the constitutional authority to supervise instruction.

18. MRS 162.1100 violates Article X, Sections 1 and 2 of the Missouri Constitution because the power to tax cannot be surrendered, suspended or contracted away without amending the Constitution and the SAB would assume the Board of Education’s taxing responsibilities.

19.MRS 162.1100 violates Article X, Sections 10a, 11b and 15 regarding taxation issues.

20.  MRS 162.1100 violates Article X, Section 21 of the Missouri Constitution, the Hancock Amendment, because it creates a paid position, the CEO of the SLPS without providing an appropriation for the position.

21. Breach of contract will be caused between the Board of Education and its vendors, the superintendent and the Desegregation Settlement Agreement.

22. MRS.162.1100 interferes with the right to vote of the citizens of St. Louis because the members of the TSD are not elected and the Board of Education is stripped of power given to it by the people after an election.

23.The State Board of Education violated state law by declaring the SLPS to be unaccredited in mid-cycle and by appointing a TSD before it had lapsed.  Districts must be unaccredited for two years before they lapse. Also, the State Board did not make a determination for why the SLPS was declared unaccredited as required by law.

24. The Settlement Agreement of the Desegregation case limits the authority of the TSD and subordinates it to the Board of Education. All the programs outlined in the Settlement Agreement is the responsibility of the Board of Education and not the TSD, including full day kindergarten, summer school, the magnet schools, college prep and preschool.

25. Loss of accreditation will increase segregation in the city schools by allowing white students to transfer to county schools and is contrary to the terms of the Settlement Agreement.

26,  The Desegregation Settlement Agreement assigns the power to collect and expend its sales tax proceeds to the Board of Education.

27. The Board of Education members who are parties to the suit are being deprived of due process.

28. MRS 162.1100 vests the TSD with the school board’s power but not their obligations therefore creating ambiguity and confusion about the responsibilities of the two boards.  This makes the statute unconstitutionally vague.

29. The petitioners request a permanent injunction which would reinstate provisional accreditation and reinstate the elected Board of Education.

The trial was continued to next Tuesday, October 2 at 9:30 a.m. I suspect it will be another full day because they left off in the middle of Dr. Bourisaw’s cross examination. The State has still to present its case and there will be refutations and closing arguments.

In cross examination of Board Members Peter Downs and Katie Wessling and Supt. Bourisaw, Paul Wilson, the state’s attorney, attempted to undermine their credibility. Wilson asked Downs and Wessling if they had a background or credentials in education, pointedly remarking that their criticism of policies implemented by the previous school board (created by such flawlessly credentialed experts as Bill Roberti among others) were mere layman’s opinions. Wilson also asked questions about whether Downs and Wessling thought the mayor and governor were plotting against the SLPS, insinuating that they were nutty conspiracy theorists.

Both Downs and Wessling came across as very credible witnesses, however.

Dr. Bourisaw was treated much more harshly by the state and SAB attorneys and she is not finished. They tried to make her out to be either incompetent or a liar, disputing her claim that DESE did not inform her that they were doing a full accreditation review until just before the March 2007 state board meeting. It got quite ugly. But although she looked tired and had to be prompted from her deposition at times, she held up under a blistering barrage of questions.

One of the attorneys rephrased a question 5 or 6 different ways trying to get her to admit that former Board President Veronica O’Brien prevented her from doing her job or interfered with her effort to improve education in the district last year, the inference being that the elected board was not functioning and the state was justified in the take over. Dr. Bourisaw never replied affirmatively to these questions. The most she admitted was that O’Brien’s demand for information and refusal to sign contracts were “time consuming”.

The State is going to have at least 2 witnesses, DESE’s Becky Kemna and State Board of Education Member Peter Herschend. They both testified at the temporary injunction hearing in June and were successful then in convincing the judge that the state’s actions were justified. But there was less evidence allowed to counter their testimony at the injunction hearing.

I hope everyone reading this has made a contribution to the legal defense fund. It is still about $6,000 short of the $40,000 goal. And unfortunately that was a low ball assumption of the cost of the trial. It has gone over that. The address is;

SAVE OUR CHILDREN’S EDUCATION

P.O. BOX 21642,

ST. LOUIS, MO. 63109-0642.

Has Matt “baby” Blunt ever bothered to read the Missouri Constitution?

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

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Tags

"baby" Blunt, Constitution, establishment clause, missouri, religion

Governor Matt “baby” Blunt still doesn’t seem to understand the Missouri Constitution. Or, has he ever bothered to read it?

Article I, Section 7

Public aid for religious purposes–preferences and discriminations on religious grounds.

Section 7. That no money shall ever be taken from the public treasury, directly or indirectly, in aid of any church, sect or denomination of religion, or in aid of any priest, preacher, minister or teacher thereof, as such; and that no preference shall be given to nor any discrimination made against any church, sect or creed of religion, or any form of religious faith or worship.

And, there’s this:

Article IX, Section 8

Prohibition of public aid for religious purposes and institutions.

Section 8. Neither the general assembly, nor any county, city, town, township, school district or other municipal corporation, shall ever make an appropriation or pay from any public fund whatever, anything in aid of any religious creed, church or sectarian purpose, or to help to support or sustain any private or public school, academy, seminary, college, university, or other institution of learning controlled by any religious creed, church or sectarian denomination whatever; nor shall any grant or donation of personal property or real estate ever be made by the state, or any county, city, town, or other municipal corporation, for any religious creed, church, or sectarian purpose whatever.

With all that, why is he bothering with this?

JEFFERSON CITY – Gov. Matt Blunt today unveiled Faith-Based Missouri, his new initiative to increase cooperation between state government and faith and community-based groups in providing services to Missourians in need….

….Blunt announced the first step of Faith-Based Missouri, a five person team he charged with studying how we can improve relations between state government and religious and secular charities.

The team will include three Missourians with life-long ties to faith-based communities and state employees who share the governor’s commitment to building Faith-Based Missouri.  The community team members will travel the state to meet with leaders in Missouri churches and charities to learn:

  1) what we are doing right

  2) what we are doing wrong

  3) what we can do to encourage greater cooperation

Well, according to the Missouri Constitution you can’t give them any funds, can you?

He must be trying to shore up his eroding base.

The press release continues:

….The governor and agency directors will rely on the Faith-Based Missouri team for guidance and suggestions as to how the state can better transform lives and empower Missourians….

How about operating government with a premise other than “suffering is good for everyone but the advantaged?”

The following individuals have been appointed to the “team”:

The governor announced the following Missourians have agreed to serve on the inaugural Faith-Based Missouri team:

Dr. Reynaldo Anderson, of St. Louis, is an assistant professor of education at Harris-Stowe University. Dr. Anderson has published numerous articles regarding the African American experience. His life has been varied with involvement in the United States military, grassroots political activity, church and academic research and study. He is a dedicated member of Saint Peter AME Church in St. Louis.

Rev. Andrew Rollins III, of Kansas City is an ordained Itinerant Elder in the AME Church whose family has a long history of ministry and community service. As a youth he was nurtured on the civil rights movement and at an early age he became concerned about the state, future and destiny of his community.  He believes the mission of the church should be holistic ministering to the spirit, and soul and body.

Sheriff Greg White, of Cole County, is an ordained Baptist minister with a lifetime of experience in serving his fellow Americans. He understands how to bridge religious and cultural divides, and has some innovative ideas on how faith-based organizations can serve Missourians through disaster response coordination.

Ed Martin, of Jefferson City, serves as Gov. Matt Blunt’s Chief of Staff.  Martin was the Father McGivney Fellow for Rights of Conscience with Americans United for Life and is an active member in the Catholic Church. He previously served as director of the Human Rights Office for the Archdiocese of St. Louis and as chairman of the Papal Visit Committee for Social Concerns for Pope John Paul II’s visit to St. Louis.

Angel McCormick Franks, of St. Louis, is the Director of the Office of Supplier and Workforce Diversity and has traveled the state working to promote diversity within the state government and improve the opportunities for women and minorities to access state employment opportunities and state contracts.

Obviously Ed Martin isn’t going to be relying on the Missouri judiciary for help on this particular task.

The Missouri Connection to the California Petition Drive

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

Hurth, MO, Union

Until the last few days, the only celebrity status Charles “Chet” Hurth from Union, MO had enjoyed was for being sued ten years ago when he was a law student at St. Louis U. for biting a female law student on the butt–so hard she had to seek medical treatment.  Now Hurth, the city attorney for tiny New Haven is embroiled in something that’s grabbing headlines in the San Francisco Chronicle.

You’re probably aware by now of the latest dirty trick the Republicans are up to, a petition initiative drive in California.  They want Californians to vote in June on whether to split California’s electoral votes in the 2008 presidential election by awarding electoral votes by each congressional district rather than by the winner-take-all rules that have applied.

Under its proposed district-by-district system, Kerry – who won California’s popular vote in 2004 – would have received just 33 electoral votes, and Republican President Bush would have earned 22 votes – more than the number awarded in Illinois (21), Pennsylvania (21) or Ohio (20).

 

On September 24th, the group running the petition drive, Californians for Equal Representation, recorded its first and only contribution, $175,000 received on September 11th from Take Initiative America LLC in … Union, MO?  The registered agent for TIA is Hurth. 

An anomaly immediately jumps out:  TIA was formed on September 10th, and the only thing it has ever done is pass that 175 thou to Californians for Equal Representation.  It seems unlikely in the extreme that Hurth, who’s never had any interest in politics, much less those in California, would suddenly form a “grassroots group” to contribute a hefty sum to a petition drive in that state. In fact, until last March, he had never contributed to a political campaign.   And who got that contribution last March?  Hurth gave $2300 to Rudy Giuliani’s campaign.

He is one of several people connected to the California petition drive who are Giuliani supporters.  Democratic groups assert that the petition initiative drive itself is a Republican effort, probably backed specifically by Giuliani.  Giuliani’s campaign denies any connection to the petition. 

Democrats further believe that the contribution from TIA LLC is money laundering.  It is illegal in California to contribute money through an intermediary without disclosing the true donor.   California’s Fair Political Practices Commission is looking into the matter.

Democrats further insist that it is not all that surprising that Hurth would be serving clandestine interests.  They note that in 2004, he fronted for Choices for America, a conservative group that worked to get Nader on the ballot in key states where Kerry might win.

Republicans respond to these charges by basically saying, so what? 

Kevin Eckery, the spokesman for the proposed ballot measure, said “whether it’s a front for presidential candidates – even if it was, what’s the big deal?”

“We’ve said all along that some of the people we would approach for fundraising are contributors to various presidential candidates,” he said. “If somebody wants to support us because we’re trying to create a voting system that’s fairer … what’s the problem?”

It matters, say the Dems, for two reasons.  First, the petition organizers have been vociferously repeating, up and and down the state, that the drive is “by Californians, for Californians.”  And yet their only contribution so far is from Union, MO (population 7700), from a company that is almost certainly a front group for Republican interests.

It matters, secondly, because money laundering is taken seriously in California politics.  Two major fines have been levied in recent years ($95,000 in one case, $135,000 in another) for exactly this kind of offense.  In fact, the Sacramento attorney who wrote the proposed ballot measure, Thomas Hiltachk, unsuccessfully defended the woman who was fined $135,000.  So he ought to know better than to be up to the same tricks in this case.

The Democrats who are publicizing this illegal and underhanded funding are issuing a challenge to Californians for Equal Representation:  Come clean by noon on Monday (high noon!), or we will file a legal complaint forcing you to reveal who is the hidden hand behind this contribution.

Meanwhile, Hurth is lying low and refusing to answer his phone.  All we know about him is that he bit that law student in the bar that night ten years ago, then high fived his friends.  Hurth opined that he didn’t mean to hurt her and that she should have considered it a compliment.  After all, he had done the same thing to women at two fraternity parties at Vanderbilt and nobody sued.

The jurors didn’t take it as lightly.  They gave her $2,500 in actual damages and $25,000 in punitive damages.  This case may eventually make that one look like peanuts.

The Decider will Decide Today

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 1 Comment

Tags

Bush, SCHIP, US House and Senate

( – promoted by Clark)

…whether or not he will veto the SCHIP bill.  He is almost certain to veto as he has promised multiple times to do.  What I can’t figure out is just how he squares that with his family values persona.  His argument is that too many children will drop private insurance for SCHIP because they qualify. Seems to think it could even lead to a government takeover of health care. The SEIU has this to say about the Bush and this issue:

“President Bush has a choice to make,” said Dennis Rivera, chair of SEIU Healthcare. “Either he believes children should have healthcare or he doesn’t. Either he believes we are a compassionate, caring society or he doesn’t. Either he respects the members of our Congress and their leadership, or he doesn’t. If he vetoes this bill, he is telling millions of kids that he simply does not care about them.”

Anyway, the compromise bill for SCHIP passed the House by a non-veto proof margin, and yesterday passed the Senate 67-29 in favor of increasing spending on the program to $60 billion over the next five years.  This would be double of what the Decider is willing to allocate.  But it would allow four million children of the nine million currently uninsured to receive health coverage.  The additional spending would be covered by a 61 cent increased on a pack of cigarettes.

The vote in the Senate seems to point to a Senate override of a Decider Veto. Both Missouri Senators voted for the measure and we hope Bond will also join in a vote to override.  The House does not have the votes for override at this time.  Missouri representatives voting for the measure are Lacy Clay, Russ Carnahan, Ike Skelton, Emanual Cleaver and Joann Emerson.  Voting against were Sam Graves, Todd Akin, Roy Blunt, and Kenny Hulsof. It is up to us to flood Nancy Pelosi’s office with calls to campaign the House for override votes with all due energy

The veto is anticipated and Congress will continue funding SCHIP at its current level until mid-November as part of another bill keeping federal agencies in operating funds beyond September 30.

Lots of stuff you wanted to know about Blackwater, but couldn’t bring yourself to ask…

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ 3 Comments

Tags

Blackwater, Dept. of Defense, Gates (Bob), State Department

The fallout continues from the deadly rampage by Blackwater mercenaries against Iraqi civilians on September 16 that left at least 11 Iraqis dead. Blackwater insists that their employees fired in response to coming under attack. The Iraqis claim the Blackwater personnel were unprovoked when they opened fire on civilians at a busy traffic circle while escorting a State Department convoy through Baghdad.

The September 16 incident set off a firestorm and at one point the government of Iraq said all Blackwater personnel had to leave the country and the company had to cease operating inside Iraq. This edict did not stand and Blackwater is once again roaming the streets, terrifying the populace with their mere presence and undermining whatever the hell it is the mission is supposed to be, and sowing seeds of hostility with the populace that prompt attacks against all Americans, thereby putting American G.I.’s at heightened risk.

The DoD on Wednesday announced that the Pentagon has sent a team of investigators to Iraq to probe security contractors and their operations in Iraq. In addition, a memo was sent to the commanders in Iraq and Afghanistan reminding them that they have the prerogative to court martial mercenaries working under contract with the U.S. military if/when those mercenaries violate the Rules of Engagement that govern the U.S. military. Gates wanted to make sure that the mercenaries and commanders all understood that the military can prosecute their contractors. Gates, testifying before the Senate Appropriations Committee, on Wednesday said he also wanted to know whether the military has the resources to investigate private security personnel under contract with the DoD for alleged crimes. “My concern is whether there has been sufficient accountability and oversight,” Gates said.

In the memo, Deputy Defense Secretary Gordon England told military commanders that they’re responsible for monitoring contractors under their control and charging those who violate rules of engagement.

“Commanders have UCMJ (Uniformed Code of Military Justice) authority to disarm, apprehend, and detain DoD contractors suspected of having committed a felony offense in violation of the RUF (Rules on the Use of Force),” Gordon wrote. The memo was dated Tuesday.

England said commanders should review contractors’ standard operating procedures and make any necessary changes to the way they authorize force to “minimize the risk of innocent civilian causalities or unnecessary destruction of civilian property.”

The State Department hasn’t distributed a similar memo, and it is unclear what, if any, U.S. law applies to the actions of its contractors.

So far, no Defense Department contractor has been charged under U.S. law, and no security contracts have been suspended for violations, Morrell said.

Yeah. It really is as thoroughly and completely screwed up as it sounds.

Four and a half years into Iraq, and six years into Afghanistan, they have decided it’s time to determine what, exactly, to do with mercenaries who attack and murder civilians without provocation, or otherwise commit actions that undermine the efforts of the United States to salvage something – anything – from this fiasco so we can claim some sort of semblance of a shadow of a specter of a pale imitation of victory™ and get the hell out of there.

The Iraqi Interior Ministry has sent the investigation of the incident to a magistrate and is looking at possible criminal charges, although they may be hamstrung by the ghost of Paul Bremer and the CPA, in the form of Order 17, which essentially gave mercenaries immunity to run amok, unencumbered by the rule of law.  Under Order 17, mercenaries can kill at will, with little or no fear of legal, or even civil, repercussions.

This week, Iraqi lawmakers began considering a proposal that would withdraw the provisions of Order 17 from Iraqi law and make security contractors/mercenaries accountable under the Iraqi system of justice.  Iraqis have complained bitterly for years that the mercenary army is unnecessarily aggressive and damages property with impunity and mistreats and kills Iraqis with reckless abandon. 

Point of Clarification:  The mercenaries involved in the September 16 violence were under contract to the State Department, and that incident is under joint Iraqi – State Department investigation.  DoD has no authority to investigate or try the Blackwater mercenaries involved.  Gates, being competent, and not beholden to nor under the sway of Cheney or Bush, is looking for problems before someone else finds them and uses them against him.  (I don’t like the man, but I can not help but respect the talent).  At State, on the other hand, the inept and outpaced Condi is still carrying her bosses water,  overtly and contemptuously stonewalling congressional oversight into the incident.  While the DoD does have contracts with Blackwater, the State Department outspends the DoD on Blackwater contracts  at a rate of approximately 8:1.

The private-army aspect of the wars in Iraq and Afghanistan has been controversial since the first days in Afghanistan, and there has been no shortage of animosity between the professional military and the mercenary army.  To date, no personnel under DoD contract have been charged under U.S. law, and no contracts have been suspended for violations.  The military has been taken to task though.  Two Air Force officers were brought up on charges of assault and conduct unbecoming following a run-in between the officers and Blackwater personnel on a road outside Kabul in September 2006.  The charges were later dismissed.

***************

 

The bloodletting two weeks ago has set up a clash between the Pentagon and the State Department.    The tensions have been long-simmering, and the events of September 16 turned up the heat.  “The military is very sensitive to its relationship that they’ve built with the Iraqis being altered or even severely degraded by actions such as this event,” said one senior military official in Iraq.  “This is a nightmare. We had guys who saw the aftermath, and it was very bad. This is going to hurt us badly. It may be worse than Abu Ghraib, and it comes at a time when we’re trying to have an impact for the long term.”

 

In interviews involving a dozen U.S. military and government officials, many expressed anger and concern over the shootings in Nisoor Square, in Baghdad’s Mansour neighborhood. Some worried it could undermine the military’s efforts to stabilize Iraq this year with an offensive involving thousands of reinforcements.

 

“This is a big mess that I don’t think anyone has their hands around yet,” said another U.S. military official. “It’s not necessarily a bad thing these guys are being held accountable. Iraqis hate them, the troops don’t particularly care for them, and they tend to have a know-it-all attitude, which means they rarely listen to anyone — even the folks that patrol the ground on a daily basis.”

 

Most officials spoke on condition of anonymity because there are at least three ongoing investigations of Blackwater’s role in the shootings. There are also sensitive discussions between various U.S. agencies and the Iraqi government over the future of Blackwater and other private security firms in Iraq.

 

Teddy Spain, a retired Army Colonel was willing to speak on the record.  “I personally was concerned about any of the civilians running around on the battlefield during my time there.  My main concern was their lack of accountability when things went wrong.”

 

Several commanding officers spoke frankly on condition of anonymity. 

 

…”Given their record of recklessness,” said the senior U.S. commander, “I’m not sure any senior military officer here would want responsibility for them.”

 

…”They are immature shooters and have very quick trigger fingers. Their tendency is shoot first and ask questions later,” said an Army lieutenant colonel serving in Iraq. Referring to the Sept. 16 shootings, the officer added, “None of us believe they were engaged, but we are all carrying their black eyes.”

 

…”Many of my peers think Blackwater is oftentimes out of control,” said a senior U.S. commander serving in Iraq. “They often act like cowboys over here . . . not seeming to play by the same rules everyone else tries to play by.”

 

…”Many of us feel that when Blackwater and other groups conduct military missions, they should be subject to the same controls under which the Army operates,” said Marc Lindemann, who served in Iraq with the 4th Infantry Division and is now an officer in the New York National Guard and a state prosecutor.

 

…”The deaths of contractors from Blackwater helped precipitate the debacle in Fallujah in 2004 and now the loss of Blackwater is causing disruptions in the war effort in 2007,” a military intelligence officer said, speaking on condition of anonymity. “Why are we creating new vulnerabilities by relying on what are essentially mercenary forces?”

 

The lousy reputation Blackwater has among members of the U.S. military has led to renewed debate over whether the DoD should handle State’s security contracts.  The Department of Defense (understanding what security protocols should involve) has a more strident procedure for licensing and oversight of personnel under contract to their agency, the DoD also has more detailed incident reporting procedures when weapons are discharged.  In addition, the military investigates promptly when incidents occur or allegations are made against mercenaries in their employ. 

 

A Pentagon source insisted that “We are really making State respond, conduct an investigation and come up with recommendations.” The source said that in Washington the atmosphere surrounding the confrontation between State and the pentagon is calm and professional but, referring to Iraq, said, “There is probably a bit more emotion going on in theater.” 

***************

 

As if Blackwater needed another revelation (they are also under investigation for smuggling weapons into Iraq that ultimately ended up pointed at American G.I.’s) the New York Times reported Thursday that mercenaries from Blackwater USA have been involved in a far higher rate of shootings while guarding and escorting American diplomats than other companies providing comparable services. 

 

The rate of Blackwater violence is at least twice that of DynCorp International and Triple Canopy, the other security companies operating in Iraq.  Blackwater’s hired guns are just that, discharging weapons, on average, twice every convoy.  (The other companies frequently escort convoys completely without incident.)

“You can find any number of people, particularly in uniform, who will tell you that they do see Blackwater as a company that promotes a much more aggressive response to things than other main contractors do,” a senior American official said.  “Is it the operating environment or something specific about Blackwater?” asked one government official. “My best guess is that it is both.”

  While the bloody rampage at the Nisour traffic roundabout was the most shocking in the level of wanton killing, the modern-day Pinkerton’s of  Blackwater are under investigation in six other episodes that left ten people dead and at least 15 wounded. 

Slowly, American officials are accepting the position that Blackwater’s behavior in Iraq is counterproductive to the stated ‘mission’ by fueling resentment among the local population.

“They’re repeat offenders, and yet they continue to prosper in Iraq,” said Representative Jan Schakowsky, an Illinois Democrat who has been broadly critical of the role of contractors in Iraq. “It’s really affecting attitudes toward the United States when you have these cowboy guys out there. These guys represent the U.S. to them and there are no rules of the game for them.”

***************

Secretary of Defense Gates was in front of Congress asking for $190 Billion for the war effort for  FY 2008.  Congress is hammering out the budget now.

While the American public may not yet be ready to cut off funding to the U.S. military for the occupation of Iraq, I seriously doubt that there would be great wailing and bleating and rending of cloth and gnashing of teeth if, just for starters, the monies in the budget allotted to Blackwater  fell victim to Congresses one true power.

Janet Folger: “Why won’t they cover our freak show?”

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Listen:

I like seeing Janet Folger (Faith2Action founder) tremble in impotent rage as much as the next guy does, but it’s especially rewarding to see her dreams of relevance shattered with such a thundering whimper.

The spankable Janet was one of the totally bent bints at the “Values Voters” debate. This is where complete nutjobs ask loaded questions to Republicans, who pander to such wackiness as a matter of course for some reason.

Janet is moaning in despair–not unlike an ugly girl left at home on prom night, I might add–because the MSM (that’s conservative for the “mainstream media”) refuses do get on its knees to please the Jesus freaks. This is fine by me, but Janet has a hard time accepting her consignment to utter irrelevancy.

This is the thrust of her argument:

The news networks CNN, FOX and MSNBC, who ignored America’s views and refused to cover the Values Voter Presidential Debate, broadcast every word of Iranian dictator Mahmoud Ahmadinejad’s Columbia University speech unedited on Monday, just one week later.

Ignored America’s views? Sweetie, you wouldn’t know America’s views if they mugged you while you were having a back-alley abortion behind a Wal-Mart. Something you have to remember is that while Mahmoud Ahmadinejad is the leader of a country which looks like its going to get bombed by either us or our allies, you are a dim and irritating nut who couldn’t even attract all of the conservative candidates to your Tupperware party. I’m surprised. I would have thought that you would have praised him for his stance on homosexuals, you misguided harpy.

And man, is Mike Huckabee a shameless panderer or what? “The language of Zion is my native tongue…”? What’s that about? Learn to speak American, motherfucker, or get out. (Haha.)

Speaking of back-alley abortions behind the Wal-Mart, perhaps this is why major news outlets decided that a social conservative circle-jerk was not high on their agenda:

Teresa Ippoliti, abortion survivor — RUDY GIULIANI

My name is Teresa Ippoliti. Eighteen years ago, an abortionist was hired to kill me, but I survived. I was wrapped in newspaper and tossed on a shelf struggling for my life. Nuns came and rescued me, took me to a hospital where I stayed for two months. I was then adopted by my heroic mom and dad. Mayor Giuliani, your position on abortion would have left me dead. Now that you see me, Mr. Giuliani, do you honesty still believe an abortionist had a right to kill me?


Don’t fuck with nuns.

Personally, I think mothers should have the right to abort up until the 75th trimester, but I’ll try to be circumspect in my comments about this poor woman. Why was the abortion botched? In South Korea (yeah, South Korea), where the abortion took place, abortion is only legal “to save a woman’s life or protect her physical health.” Assuming your mother was a well woman having a healthy but unwanted pregnancy terminated, well, that means that she was having an illegal abortion. You, my unfortunate friend, are the product of restrictive abortion laws. Giuliani’s position on abortion would have had exactly no effect on you.

I’m not one to play nice with people who use others as emotional punching bags. (I’m not sure that sentence means anything.) “Bing,” I ask myself, “is it really such a good idea to attack a woman who survived an abortion?” It’s not my first inclination to do it, but I think that there is a legitimate point to be made here. Your mother, if the summary of the video you appeared in is accurate, had a late-term abortion of a potentially viable pregnancy. I think that it is disingenuous to say 18-year old Teresa Ippoliti is the moral equivalent of the potentially viable fetal Korean you once were. You are comparing apples and parasites.

As an aside, I want to recommend that you change your sign if you are going to be a-protesting at abortion clinics from now on:

Doesn’t it sound a little like the mother was aborted? Fetuses having fetuses. It’s disgusting.

Maybe I’m callous (well, actually I am) but, unlike Janet Folger and Phyllis Schlafly, I think that Teresa can aspire to be something more than a botched abortion and the centerpiece of a religious freak show.

HJ

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Patting Claire on the Back

28 Friday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

Claire McCaskill, Iran, Lieberman-Kyl bill

We’ve been pretty critical of Senator McCaskill

Ending Eminent Domain Abuse

27 Thursday Sep 2007

Posted by Michael Bersin in Uncategorized

≈ Leave a comment

Tags

eminent domain, MEDAC

For twenty years, Jim Roos owned a three-family home in the 3000 block of Lafayette in St. Louis.  It wasn’t a good neighborhood.  In fact, his rental property sat in the middle of what was practically a moonscape of burned out and collapsing buildings.  There were a few other homes still standing, but some of them were used as drug dealing bases.

Still, Roos and another nearby property owner soldiered on, making improvements to the houses they owned–he added a porch and fenced the backyard–and regularly contacting the police about the drug dealers.  A redevelopment plan was proposed, but it sat on the books for ten years.  Meanwhile, redevelopment did take hold on a small scale in that neighborhood–enough to tempt the people who’d gotten the original plan through the Board of Aldermen to perk up and take an interest.  Now that the neighborhood was becoming viable again, that developer wanted the vacant properties–and Roos’s house.

Roos battled city hall, even to picketing his alderman’s house.  To no avail.  He was forced to sell that property.  But the experience turned him into a crusader against eminent domain abuse.  He is part of a group called MEDAC, which is aiming to collect 250,000 signatures by the first week in May to get an initiative on the 2008 ballot for two constitutional amendments.  Those amendments would forbid taking property by eminent domain for any private use and would forbid using eminent domain to remove blight.

That word “blight” is like the word “many”.  How much is many?  Three?  Fifteen?  Fifty thousand?  What’s blight?  The law doesn’t define it.  And even if it did, why should that developer be allowed to take Roos’s un-blighted rental property after Jim had hung in through thick and thin for twenty years?

In fact, it used to be that no developer could take a person’s property by eminent domain in Missouri.  The Bill of Rights forbade it:  “Private property shall not be taken for private use with or without compensation unless by consent of the owner.”  That was in the good ole days.

But about fifty years ago, the Missouri Constitution was amended to read:  “Blighted, substandard or insanitary areas may be taken by eminent domain for redevelopment.”  The key word, “areas”, let the genie out of the bottle because it allowed developers not only to take property, but to take the good property along with the bad.  The genie’s been up to a lot of mischief since  that amendment pulled the cork on his bottle.

The debacle in Sunset Hills in 2004 brought the abuses to public attention.  The doom of those property owners was apparently sealed, even as they fought the buyout, by a U.S. Supreme Court decision in 2005 (Suzette Kelo v. New London, CT), which ruled that it was constitutional to take Kelo’s property as part of a waterfront redevelopment project, even though the property was not blighted. Eventually, public outcry caused the developer in the Sunset Hills havoc to lose his financing.  But much of the damage could not be repaired.

The legislature took a stab at it last year, but lawmakers still allowed as how it was fine to take good property from an unwilling seller as long as 51 percent of the property in that area was “blighted.”  In that respect, the legislature failed to do what was needed.

They did forbid declaring rural areas blighted and taking property solely for economic development. Those two requirements have been helpful.  In fact, it was the requirement banning use of eminent domain solely for economic development that saved property owners in Clayton from being forced to sell to Centene.

Despite those improvements wrought by the ’06 law,  the folks at MEDAC learned that the legislative process is not the way to go if they want reform.  Only a constitutional amendment will protect Missouri’s property owners for certain.  So you’ll find them on weekends at community events seeking signatures.

They’ll be at Francis Park near Chippewa and Hampton this Sunday afternoon for the “Art in the Park” event, and they’ll be at the Soulard Market Festival Saturday and Sunday, Oct. 6 and 7.  Anyone who wants more information can call Roos at 771-3509. 

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