Tuesday, August 16, 2011

BENEDICT ARNOLD, TAX CODES, JOB CREATORS, LIARS, SCOUNDRELS, AND REPUBLICANS


Benedict Arnold, an American traitor, made the similar bogus arguments, about taxing  job creators as do contemporary Republicans.  I was perusing an online inventory of rare books at www.abebooks.com when I came across the following item: ARCHIVE OF PAPERS RELATING TO THE EARLY BUSINESS ENDEAVORS (AND DISREPUTABLE CONDUCT THEREIN) OF BENEDICT ARNOLD, INCLUDING TWO A.Ls.S.].
Any of the recent Republican rivals vying in Iowa could have written the logic of America's first notable traitor.   The following  account comes courtesy of the book's online description.
Seems Benedict Arnold was, inter alia, a New Haven, Connecticut Druggist and Bookseller. The shingle he hung remains preserved by the New Haven Historical Society.
Actually the store was, according to his biographer, more of a department store.  Not your corner pharmacy, fancier than a general store, you could describe it as the pre-revolutionary version of Target, not Wal-Mart.
Arnold opened up shop in 1761 and was doing a thriving trade.  So successful was he that he crossed the pond to purchase inventory in London, on credit, then returned to set up shop on Chapel Street.
Remember we are talking New Haven, which means we're talking about Benjamin Arnold catering to Yale students.   Arnold's creditors included many of the leading London publisher- booksellers of the day, including Thomas Longman, the map and printmaker Henry Overton, the Bible publishers Wright & Gill, and William Parker, proprietor of the radical GENERAL ADVERTISER.
Then Arnold began to expand his portfolio. He acquired a sloop and undertook trading voyages to the Caribbean and Canada. Most of these voyages, however, were devoted to smuggling rather than upstanding trade: "Benedict Arnold's business was secret by definition. To keep accurate records would have been self-destructive, yet not to engage to some degree of smuggling was all but impossible if such a business was to survive increasingly stringent British trade policies"
Arnold was a scoundrel who did not abide in the concept of  "Sanctity of Contract" and was more a "Beneficial Breach of Contract" businessman.
Benedict Arnold blamed the tax codes too!
The evidence of this archive would suggest that Arnold used these acts as an excuse for not settling debts he had no intention or ability to pay off. He first became active with the Sons of Liberty in mid-1766, and in January 1767 was involved in a notorious case of beating up a colonial tax collector. American liberty and Arnold's personal freedom from debt were to him, one and the same.
Arnold's contemporaries, the Republicans, say that the top 2% of America's richest folk cannot and will not create jobs until the tax rate becomes predictable.  These persons have had the "Bush Era" tax rates, also known as the Fat Cat Tax Boondoggle, all during the time the economy tanked under Bush and the recovery has struggled under Obama.  
Under the Clinton tax rates the economy prospered, the debt was significantly paid down, there was a budgetary surplus, and Social Security was paid for. Rather than return to the Clinton era tax cuts the Republicans are using these acts as an excuse.
Republicans are paying the piper.  Ending the "Bush Era" rates will cost the Koch Brothers $2 billion, the Wal-Mart Walton family $7 billion, the Campbell Soup Dorrance Family more than a half a billion dollars, and the family at the center of the Mars Candy Co. fortune will not be able to realize a $2.5 billion savings on their estate taxes.
The simple truth is that the big banking, accounting, and investment firms are taking the lion's share of these tax breaks and are not creating jobs. So what's a citizen to do?
My suggestion is simple.  The Democrats want to add $30 in taxes for every $1,000 in income above $250,000 net adjusted, below the line, after you get each and every other allowable deduction and credit.  So, if after your tax professional figures up your taxable income, you pay no more for the first quarter of a million dollars.  You'd pay $30 more for every thousand bucks you earn after that.  If you make another quarter of a million then you'd pay $7,500 more!
But I am a reasonable person. For every new job created by the job creator, that pays at least 150% of minimum wage (or $10.88 in Kansas), and is not an exempt management position then I'd vote for a $30 tax credit for  every $1,000 paid in wages.  That would mean they'd get a tax credit of $900 for every $30,000 in qualified wages being paid.  Of course, those employees are productive and earning them money.  It is a win-win deal.  You can find your state's minimum wage from the Labor Department at: http://www.dol.gov/whd/minwage/america.htm.
It is high time Republicans quit using Benedict Arnold's template and show a little Quaker honesty.
Thomas Corbyn, from whose papers this archive derives, was Arnold's principal creditor and represented Arnold's creditors from the London end. These papers begin in July, 1766, after Arnold's failure. Unlike Arnold, Corbyn's business was rooted in Quaker honesty, as the entry in the Oxford Dictionary of National Biography makes clear: "Corbyn's probity both at home and abroad was an important factor in the success of the firm. He frequently lent money to young men starting in business - and not infrequently lost it. . The life and career of Thomas Corbyn shows that the expanding drug trade of the eighteenth century was based on greater trust and probity than is often thought." To New York merchant Bernard Lintot, author of most of the letters to Corbyn, fell the unenviable task of dealing directly with Ar. Bookseller Inventory.   


Thursday, August 11, 2011

I am a Democrat because there is no Sinn Féin in Kansas

When asked why I am a Democrat I often respond : "because there is no Sinn Féin in Kansas.  That sentiment is not born of dry wit.  Sinn Féin is an Irish political party with roots to the Provisional Irish Republican Army.  This is not an aloof set of intellectuals dealing with theory.  Sinn Féin is integrally connected to the well being of the Irish people.  Democrats need to open an eye and lend an ear, because in America we are to be the political party on the front lines in the battle for economic justice, civil rights, and the proposition that government exists to serve the people, not just the rich people, the corporations, but all of the people.
When I call for Democrats to open their eyes and lend their ears, let me offer an example.  Young Democrats need to pay particular attention to this.  Mary Kate Quinn is a young lady from the  Crumlin Glenavy area of Northern Ireland (Lagan Valley).  She ran for Northern Ireland's Assembly back in May.  She didn't win, seems that the district boundaries were changed.  That makes me wonder what Kansas' Congressional Districts will look like after redistricting.
Like Kansas Democrats, Mary Kate Quinn did not win.  But she vows to continue the work.  Here is a video clip of Mary Kate Quinn, watch this and tell me if you also are only a Democrat because there is no Sinn Féin in Kansas.


Next, I'll give you a look at the youngest ever Lord Mayor of Belfast, from East Belfast Sinn Féin's Niall O'Donnghaile. 



Wednesday, August 10, 2011

PETITION FOR CERTIORARI FILED IN SB 1070 CASE

The Tucson Sentinel has posted a copy of Arizona's Petition for Certiorari, which Paul Clement filed with the Court today.  The link to see the petition, which is not yet available from the Court is http://www.tucsonsentinel.com/documents/doc/081011_sb1070_supreme_court_doc/.

I am going to go read it.

Tuesday, August 2, 2011

USA v. ARIZONA - SB 1070 PETITION FOR CERTIORARI DUE IN SEPTEMBER


The Supreme Court has rules about procedure.  Rule 13 sets the timeline for filing a petition for a writ of certiorari, one of two methods of getting a case before the Court.  The other is by a direct appeal authorized by law, a right of appeal.  Rule 13 says that the party seeking review must file their petition within ninety days from the date of final judgment in the court below (either a state court of last resort or a United States court of appeals).

The Court of Appeals for the Ninth Circuit issued its opinion in USA v. Arizona, the SB 1070 case, on March 11th. That was not the trigger starting the clock running on the need to file for certiorari.  On June 29th the Ninth Circuit issued its mandate on their opinion.  That's when the clock began ticking.

The combination of the Arizona Republic and Phoenix's NBC affiliate KPNX (local channel 12) incorrectly reported the date by which the petition for certiorari needed to filed with the Court.  On May 9th AZCENTRAL.com, the website for the paper and station, reported that the petition needed to be filed by July 11th.  See, http://www.azcentral.com/news/election/azelections/articles/2011/05/09/20110509sb1070-appeal-arizona-next-step09-ON.html.

KVOA.com, Tucson's NBC affiliate, is reporting on their web page that former Solicitor General Paul D. Clement is the lead counsel for Arizona before the Court.  See, http://www.kvoa.com/news/federal-court-hears-arguments-regarding-arizona-s-counterclaim-in-sb-1070-case/.

Calculating days to determine when Clement must have the petition filed is governed by Rule 6 of the Federal Rules of Civil Procedure.  You don't count June 29th, but begin counting on June 30th.  You never count the date of final judgment. September 27th is a Tuesday, so there is no issue about the last day being a weekend day, nor is September 27th a holiday.

Mr. Clement has until 2:00 p.m. to get the petition for certiorari to the Court September 27th.  In these awkward post-911 days the Court has to have security scrutinize all of the fillings.  Here is how the Court says documents have to be filed:


A case-related document delivered in an open container or an open box to the police booth at the North Drive of the Supreme Court building by 2:00 p.m. on a day that the Court is open for business will be delivered to the Clerk's office by the close of business that day.  See, http://www.supremecourt.gov/deliveryofdocuments.aspx.

Generally, the Court hears and typically decides whether or not to grant certiorari within five days after the petition is filed during a regular term of the Court.  They can also re-list the petition on their calendar if they want the input from the Solicitor General.  Under the "Rule of Four" it takes the votes of four members of the Court to grant certiorari.

The next term of the Supreme Court begins Monday October 3rd. the first Conference will be held on the afternoon of Wednesday October 5th.  Stay tuned, the Court will post an order.  On the opening day of the term it is not uncommon for the  Court to issue summary disposition orders relating to certiorari.  We won't know whether the Court will grant certiorari or deny the petition until October.


Sunday, July 31, 2011

RELIEF UNAVAILABLE TO MELENDEZ-DIAZ BASED ON THE SUPREME COURT DECISION IN MELENDEZ-DIAZ


There is an interesting case decided by the Supreme Court in 2009.  Melendez-Diaz v. Massachusetts 129S.Ct. (2009) is a Confrontation Clause case.  The Sixth Amendment says:



In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

Following a 2001 arrest in which police found four bags of cocaine in a car occupied by Luis Melendez-Diaz, he and two other persons were taken to jail in a squad car.  Police noticed that the arrested men were fidgeting in the back seat of the car.  After booking the men officers searched the squad car and found nineteen bags of cocaine.  

All the cocaine was sent to a state laboratory for analysis. The lab reported the substances were cocaine.  Under Massachusetts law the lab submitted an affidavit to prosecutors so that their findings could be admitted as evidence in the trial against Melendez-Diaz.

At trial Melendez-Diaz objected to admission of the lab report because he had no opportunity to confront the laboratory personnel in court.  The objection was overruled,  Melendez-Diaz was convicted.  He appealed on the Sixth Amendment claim.  The Massachusetts Court of Appeals sustained the trial court.  The state Supreme Court refused to hear Melendez-Diaz's case.  On a writ of certiorari the case went to the United States Supreme Court.

That wild liberal Nino Scalia wrote the opinion that said the laboratory report is a testimonial statement as described in the Court's prior opinion in Crawford v. Washington, 541 U. S. 36 (2004).  The Sixth Amendment applies and Melendez-Diaz was entitled to confront the laboratory personnel testifying against him.

Melendez-Diaz was upheld in a case decided this June.  In Bullcoming v. New Mexico Justice Ginsburg reasserted the stare decisis of Crawford and Melendez-Diaz.  The Bullcoming case questioned whether the report of a blood alcohol machine was testimonial under the Crawford and Melendez-Diaz line of cases.

The wrinkle here is that Melendez-Diaz got himself arrested again on a nearly identical offense.  In 2004 police arrested Melendez-Diaz after they engaged him in a "controlled buy" of cocaine.  Melendez-Diaz's "vehicle was towed to a police department lot. A careful examination of the interior of the automobile led to the discovery of a secret compartment above the glove compartment in which was found the $630 in buy money, a number of small bags containing a white powdery substance, and a Tylenol bottle holding small bags containing a black tar-like substance as well as small bags containing a whitish beige rock substance." See, Commonwealth  v. Melendez-Diaz,SJC-10857 (2011).

Before the Court ruled in Melendez-Diaz, Melendez-Diaz faced another criminal  trial in which an affidavit from a state laboratory was used against him.  Melendez-Diaz did not object.  He was convicted.  Now Melendez-Diaz wants to use the rule announced in Melendez-Diaz to have his conviction reversed in a habeas corpus proceeding.

A proceeding in habeas is what's known as a collateral attack.  The convicted person wants another bite of the apple and must demonstrate that the proceedings were fundamentally unfair, violated a principle of law the Supreme Court, or other controlling authority, put in place before the underlying conviction became final.  Collateral relief will only set aside the conviction. The state generally retries the case in a manner to cure the defect in the original proceedings.

The Massachusetts Supreme Judicial Court has refused to apply the holding in Melendez-Diaz in the collateral attack by Melendez-Diaz of his conviction following the 2004 conviction.  The rule announced in Melendez-Diaz was not in force when Melendez-Diaz's second conviction occurred, so there was no ground for collateral relief.

Raising a claim of Constitutional dimension in habeas permits the issue to be appealed in an appeal to the federal courts.  As this second Melendez-Diaz case goes forward seeking relief from the federal courts we should expect Melendez-Diaz 's legal counsel to argue that the rule enunciated in Melendez-Diaz was not a new or novel rule.  The rule was established in Crawford. Melendez-Diaz only clarified the holding in Crawford.

Friday, July 29, 2011

VOTE FOR KANSAS

AMERICAN CROSSROADS CORRUPTING CAMPAIGN 2012 IN MISSOURI SENATE RACE

American Crossroads, the radical rightwing, big money, swift boating, scrutiny evading, beyond the veil of official party control, money raising arm of the Republican Party is in the business of buying elections for Republican candidates.  They are not interested in free speech.  They are masters of bought speech.

American Crossroads remind me of the pornographers of the late 1970's and early 1980's.  In response to Chief Justice Warren Burger's opinion in Miller v. California, 43 U.S. 15 (1973).  Attempting to define that which is and that which is not pornography Burger concluded a three part test with the following words.  "The First Amendment protects works which, taken as a whole, have serious literary, artistic, political, or scientific value, regardless of whether the government or a majority of the people approve of the ideas these works represent."
Pornographers began wrapping up the female porn stars in the American flag, inserted patriotic footage in their work, and attempted to diminish Burger's test by demonstrating that as a whole their smutty productions had political content.
American Crosswords has similar verbiage on their website, http://www.americancrossroads.org/mission. They say: "The mission of American Crossroads is to help crystallize the debate over these two diametrically opposed visions for America’s future, to educate voters on how these contrasting visions will shape America’s future, and to empower citizens like you to hold lawmakers and office-seekers accountable for where they stand."
They don't tell you that what they really stand for is overwhelming political campaigns with half truths and distortions, taking political discourse from engaging in serious discussions of the issues and burying Democratic candidates under an avalanche of false impressions.  The work of American Crossroads is the work of dirty politics made possible by the horrendously bad decision of the Supreme Court in Citizens United.
A few miles to the east of the Land of Oz those with long memories will remember the work of American Crossroads.  Missouri's Secretary of State, Robin Carnahan, was running for the U.S. Senate against a Republican the Citizens for Responsibility and Ethics in Washington (CREW) listed as one of the "most corrupt."  That of course in Senator Roy Blunt, who the Wall Street Journal called "Senator Earmark,"  The full CREW report on Blunt is available at http://www.crewsmostcorrupt.org/files/roy_blunt_most_corrupt.pdf. 
American Crosswords spent $2,320,394 opposing Robin Carnahan, according to the Sunlight Foundation. See, http://reporting.sunlightfoundation.com/outside-spending/2010/candidate/robin-carnahan/american-crossroads.
The ads against Carnahan were misleading accounts, according to FactCheck.org, of her positions on Health Care Reform and Medicare Reform.  See, http://www.factcheck.org/2010/10/crossroads-jam-up/.
Now comes the misleading attack on Missouri's senior United States Senator.  They want to blame the first termer for having voted for trillions of dollars in debt, backing plans to raise taxes, and handing President Obama blank checks.
According to POLITICMO  Crossroads GPS has already spent $219,000 and has pledged to spend another $240,000 through August 6th in the smear campaign against Senator McCaskill.  See, http://politicmo.com/2011/07/26/democrats-latest-crossroads-gps-ad-misleading/.  According to the Saint Louis Post-Dispatch American Crossroads, and their subsidiary Crossroads GPS, plan to spend more than $2.4 million.  See, http://www.stltoday.com/news/local/govt-and-politics/article_423c61b5-37b8-566a-a00f-ce9a1d96fcf6.html.
If American Crossroads and their Crosswords GPS were concerned about politicians who voted for trillions of dollars in debt and blank checks, and raising taxes, then how could they have ever supported the likes of Roy Blunt.  
Blunt, a/k/a Senator Earmark, was described by the Wall Street Journal as: "Mr. Blunt, who is 60, took no detours. His résumé includes his 10-year stint as a powerbroker during the party's previous House majority. He was right-hand man to former Majority Leader Tom DeLay and in his own right a powerful dispenser of patronage and influence. Mr. Blunt engineered tough votes for the 2003 prescription drug benefit and, in the last months of the Bush term, the financial bailout. He was an effective whip. To others, he epitomizes the transactional K Street politician who uses the prerogatives of office to protect incumbents—hence the nickname "Mr. Earmark."  See, http://online.wsj.com/article/SB10001424052748704353504575596591626268782.html.  Time Magazine reports that the 2003 prescription drug benefit adds $1trillion to the deficit.  Blunt forgot to get it paid and just put it on the nation's credit card.  See, http://www.time.com/time/magazine/article/0,9171,1919169,00.html.  And if TARP wasn't a blank check handed to President George W. Bush, then I don't know what a blank check is.
Of course Blunt never voted to increase taxes did he?  Well, if you followed the drama of H.R 4853 in the 111th Congress, then yes and no.  When that bill, about airports went to the Senate it got changed into renewing the Middle Class Tax Cuts. Those are the Bush-era tax cuts on the first $250,000 dollars of income on everyone.  Blunt voted no on that, voting to raise taxes on everyone.  Of course the bill went back to the Senate and the full Bush-era tax cuts were extended.  That was what Blunt voted for, adding another $4 trillion to $11 trillion+ to the deficit, depending on who you listen to and how you do the math.  That was roll call number 604 of the 111th Congress on December 12, 2010.
Of course the real reason American Crossroads d/b/a Crossroads GPS likes Blunt is because he is an avid advocate of the tax subsidies to Big Oil.  And taking the long view, American Crossroads knows that when enough Representatives and Senators owe the vitality of their political careers to them they will control the levers of patronage, graft, and extract unthinkable favors from thoughtless salons like Roy Blunt.
Imagine what the Missouri Senatorial campaign will look like when the Republicans find a candidate for 2012.