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    <title> <![CDATA[CT Blue]]> </title>
    <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue</link>
    <description> <![CDATA[<FONT face="verdana" size="2"> A place for DFA members from Southeast Connecticut to discuss issues and strategies </FONT>]]> </description>
	<docs>http://blogs.law.harvard.edu/tech/rss</docs>
    <webMaster>ctblue@mac.com</webMaster>
    
    <lastBuildDate>Thu, 19 Apr 2007 20:47:07 -0400</lastBuildDate>
    <pubDate>Thu, 19 Apr 2007 20:50:37 -0400</pubDate>
    <generator>iBlog 2.0 RC2</generator>
    

    <item>
      <title><![CDATA[<p>¬†This site has moved</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/E20070419180113/index.html</link>
      <description> <![CDATA[<p>¬†This site has moved. You can reach my new site at¬†www.ctblueblog.com. Iblog has taken vengeance on me for the move by refusing to let me embed a link to the new site. I know that sounds ridiculous, but it's true. I tried to do it twice, and it kept adding a prefix to the embedded link that make it return a non-existent address.</p><p>¬†If you've been reading my recent posts, you understand why I am doing this. Please bookmark the new site and thank you for your patience now and in the future as I learn how to use Wordpress. This site will remain on line for anyone interested in browsing the archives. Please update your RSS feed if you have one.</p><p>Thanks again.</p>]]> </description>
      <pubDate>Thu, 19 Apr 2007 18:01:13 -0400</pubDate>
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      <title><![CDATA[<p>¬†No blogging today</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1479650316/E20070418214206/index.html</link>
      <description> <![CDATA[<p>¬†¬†Not because of software glitches this time. I spent the better part of the afternoon/evening dealing with our health care system. It always amazes me how nice the people who work in hospitals and nursing homes are, but it is still an exhausting experience, so I'm bagging it for today.¬†</p>]]> </description>
      <pubDate>Wed, 18 Apr 2007 21:42:06 -0400</pubDate>
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      <title><![CDATA[<p>¬†Unmitigated gall</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070417234158/index.html</link>
      <description> <![CDATA[<p>¬†<span class="Apple-style-span" style="font-family: helvetica;">The </span><a href="http://www.tpmmuckraker.com/archives/003033.php"><span style="text-decoration: underline"><span class="Apple-style-span" style="font-family: helvetica;">White House is claiming</span></span></a><span class="Apple-style-span" style="font-family: helvetica;"> that it has the right to screen the emails on RNC computers before they are handed to Congress:</span></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica"><span class="Apple-style-span" style="font-style: italic;">[T]oday, in </span><a href="http://www.talkingpointsmemo.com/docs/Conyers-WHcounsel/"><span class="Apple-style-span" style="font-style: italic;">a letter</span></a><span class="Apple-style-span" style="font-style: italic;"> to the RNC, the White House made their position clear: you have to give them to us first. There "exists a clear and indisputable Executive Branch interest" in the emails on the RNC-issued accounts, wrote Emmet Flood, Special Counsel to the President.</span></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">There is an one obvious and one not so obvious flaw in the "reasoning" behind this claim of executive privilege.</p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">The obvious flaw is that, by definition, email on an RNC server is not properly Executive Branch business. Any executive branch business on those emails is not just evidence of a crime, it is a crime, since it violates the Hatch Act.¬†</p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">Less obvious is the incredible extent to which the White House is trying to stretch the concept of executive privilege. Nixon tried to use it to shield the plotting that took place in the Oval Office, but to the best of my knowledge and recollection, he never tried to stretch it to include all communications between executive branch employees. How far down, one must wonder, does this go? Can he claim executive privilege for emails between any two federal employees?</p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">It is an unfortunate fact that both Congress and the courts are slow moving institutions. The executive is light on its feet, by design. Almost any lawyer can tell you that it's ever so easy for an unprincipled litigant to gum up the court system for years. The courts simply don't know how to deal with people who don't have a fundamental respect for playing by the rules. Still, sooner or later (unless our courts have truly been totally corrupted, in which case all is lost) the mills of the courts, like those of the gods, grind exceeding small. Congress has only two tools at its disposal: public opinion and the courts. It should get in to a court with this issue right now.</p>]]> </description>
      <pubDate>Tue, 17 Apr 2007 23:41:58 -0400</pubDate>
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      <title><![CDATA[<p>¬†Just another day in Baghdad</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1185108201/E20070417234056/index.html</link>
      <description> <![CDATA[<p>¬†<span class="Apple-style-span" style="font-family: helvetica;">Without in any way diminishing the horror of the events at Virginia Tech, it is worth bearing in mind that something similar happens in Baghdad almost every single day. Yet for the most part we ignore the profound impact this is having on regular Iraqis, who, like us, just want to go about their lives. I wonder if ever country is as self centered as ours. I don't think so. We appear to have succeeded to the 19th century notion that the British had of their own exceptionalism.</span><span class="Apple-style-span" style="font-family: helvetica;">¬†</span></p>]]> </description>
      <pubDate>Tue, 17 Apr 2007 23:40:56 -0400</pubDate>
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      <title><![CDATA[<p>¬†Continuing battle with Iblog</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1479650316/E20070417233952/index.html</link>
      <description> <![CDATA[<p>¬†¬†<span class="Apple-style-span" style="font-family: helvetica;">I am hopeful that my software woes will soon be behind me. I just downloaded a new build of by blogging software, which allegedly addresses the many bugs in the previous release, including the fact that RSS feeds were not working.</span><span class="Apple-style-span" style="font-family: helvetica;">¬† </span><span class="Apple-style-span" style="font-family: helvetica;">All kind of things keep popping up, such as the fact that the last post I put up lacked carriage returns and proper fonts. The original looked fine but when posted it looked like one big run on sentence. The biggest problem was the fact that each time I hit the publish button the program proceeded to republish the entire blog, including all archives, which is a multi-hour process. Supposedly that's been fixed, and if you're reading this it probably has. I'm writing this as I wait for it to completely republish one more time, which the developer says you must now do once, after which only new items will be posted. I hope and pray it works out that way.</span></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">If this keeps up I am thinking of creating a new blog using different software. I'll keep this old site up just in case anyone wants to look at it, with a top entry linking to the new blog. By the way, in order to speed the interminable re-posting process I deleted the old videos. I doubt anyone ever looks at them, and it makes a big difference in the time required to try to rectify this problem.</p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">While I have succeeded in posting this, it has been at great price. I am pretty well convinced I will have to ditch this software. If you look below you will see that the run on sentence is now properly formatted, but the software decided to delete the words "New York Times" and move a link to the words "I am among". One thing I definitely am is unhappy.</p>]]> </description>
      <pubDate>Tue, 17 Apr 2007 23:39:52 -0400</pubDate>
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      <title><![CDATA[<p>¬†Polls</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1185108201/E20070417230505/index.html</link>
      <description> <![CDATA[<p>¬†<span class="Apple-style-span" style="font-family: helvetica;">¬†According to the </span><a href="http://www.nytimes.com/2007/04/16/business/media/16pew.html?_r<SPAN class="Apple-style-span" style="font-family: Helvetica;">New York Times</span></a><span class="Apple-style-span" style="font-family: helvetica;">¬†</span><span class="Apple-style-span" style="font-family: helvetica;">I am among</span><span style="font: normal normal normal 12px/normal helvetica; "> the most informed people in the country. Why? Because I watch fake news and I know the identity of the man who usurped the office of vice president of the United States:</span></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; min-height: 14.0px"><span style="font: normal normal normal 12px/normal helvetica; "></span><br></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">¬†<span class="Apple-style-span" style="font-style: italic;">Americans may have more news outlets today than two decades ago, but they still don‚Äôt know much more about current events than they did then, according to a new survey by the Pew Research Center for the People and the Press.</span></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; "><span class="Apple-style-span" style="font-style: italic;">But here‚Äôs one big difference: the survey respondents who seemed to know the most about what‚Äôs going on ‚Äî who were able to identify major public figures, for example ‚Äî were likely to be viewers of fake news programs like Jon Stewart‚Äôs ‚ÄúThe Daily Show‚Äù and ‚ÄúThe Colbert Report‚Äù; those who knew the least watched network morning news programs, Fox News or local television news.</span></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; "><span class="Apple-style-span" style="font-style: italic;">Only 69 percent of people in the latest survey could come up with </span><a href="http://topics.nytimes.com/top/reference/timestopics/people/c/dick_cheney/index.html?inline<SPAN style="text-decoration: underline; "><span class="Apple-style-span" style="font-style: italic;">Dick Cheney</span></span></a><span class="Apple-style-span" style="font-style: italic;"> when asked to name the vice president; in 1989, 74 percent could name </span><a href="http://topics.nytimes.com/top/reference/timestopics/people/q/dan_quayle/index.html?inline<SPAN style="text-decoration: underline; "><span class="Apple-style-span" style="font-style: italic;">Dan Quayle</span></span></a><span class="Apple-style-span" style="font-style: italic;">. Fewer could name the governor of their state (66 percent now compared with 74 percent in 1989) and fewer could name the president of Russia (36 percent now compared with 47 percent before).</span></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">It may come as no surprise that even by these rather lax standards, people who are least informed watch Fox News.</p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">But before my left leaning readers let their heads swell too much, look at whose breathing down our necks:</p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; "><span class="Apple-style-span" style="font-style: italic;">The six news sources cited most often by people who knew the most about current events were: ‚ÄúThe Daily Show‚Äù and ‚ÄúThe Colbert Report‚Äù (counted as one), tied with Web sites of major newspapers; next came ‚ÄúNews Hour With Jim Lehrer‚Äù; then ‚ÄúThe O‚ÄôReilly Factor,‚Äù which was tied with </span><a href="http://topics.nytimes.com/top/reference/timestopics/organizations/n/national_public_radio/index.html?inline<SPAN style="text-decoration: underline; "><span class="Apple-style-span" style="font-style: italic;">National Public Radio</span></span></a><span class="Apple-style-span" style="font-style: italic;">; and </span><a href="http://topics.nytimes.com/top/reference/timestopics/people/l/rush_limbaugh/index.html?inline<SPAN style="text-decoration: underline; "><span class="Apple-style-span" style="font-style: italic;">Rush Limbaugh</span></span></a><span class="Apple-style-span" style="font-style: italic;">‚Äôs radio program.</span><span class="Apple-style-span" style="font-style: italic;">¬†</span></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">So, while we're number one, two and three, (Gold, Silver and Bronze) they're tied for fourth (Tin, I guess). Of course, if you listen to Rush Limbaugh it stands to reason that you would know the vice president's name, since it's one of the few shows he appears on. Anyway, I'm at sea hear, since I always thought that the people who listen to Rush are the same people who watch Fox. Are there really enough people with dead brains to keep both of those propaganda mills in business?</p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">Speaking of polls, Bush has hit a new low in this<a href="http://www.nytimes.com/2007/04/16/business/media/16pew.html?_r<SPAN style="text-decoration: underline; "><span class="Apple-style-span" style="color: rgb(0, 0, 255);"> LA Times Poll (pdf)</span></span></a> , from which we learn that the number of people who strongly disapprove of Bush's performance (46%), as opposed to only disapproving somewhat (16%) exceeds the total number of people who approve somewhat or strongly (36%). While this is surely good news for the Democrats, in terms of the next election, it is very bad or the country as a whole, when one considers the monumental stupidity necessary to produce a 36% per cent approval rating for the worst president in history.</p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; min-height: 14px; "><br style=""></p><p style="margin-top: 0px; margin-right: 0px; margin-bottom: 0px; margin-left: 0px; font: normal normal normal 12px/normal helvetica; ">The same poll gives Congress a 34% approval rating. That might sound bad, given that it's lower than Bush's, but in fact it's rather meaningless. It's an American tradition to scorn Congress as an institution. You might be able to get meaningful data by asking people if they approve of the job their own Congressperson is doing, and then do some comparisons Democrat vs. Republican.</p>]]> </description>
      <pubDate>Tue, 17 Apr 2007 23:05:05 -0400</pubDate>
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      <title><![CDATA[<p>Back from the shadows yet again¬†</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1479650316/E20070416193743/index.html</link>
      <description> <![CDATA[<p><span class="Apple-style-span" style="font-family: helvetica;">Now it can be told. Saturday afternoon my newsreader informed me that Version 2 of Iblog, my blogging software was ready for download (Developer's website: it is recommended that all users of version 1 download this software). I dutifully downloaded, as I was particularly hopeful that I would be able to post Youtubes with the upgrade. Not to get ahead of myself this was actually Iblog RC2. The "RC" stands for "release candidate". Well, it turns out that this candidate has a lot of similarities to your average Republican Candidate, promising much but delivering very little at terrific cost. Definitely, not ready for prime time. Yes, I can now do Youtubes, but it took approximately 16 hours of work to get even that. Documentation? nil. Nonetheless, intrepid as always , I converted my old data, tried to add some, and found that the new posts did not get on the web. At least that's what I thought, until after hours of work I found that they were indeed out in cyberspace, only not at the correct address. In other words, the entire site was out there, twice, with the new version at an address that no one had. I had no ability to post to the old site, to direct people to the new one.</span></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">I have solved the problem, as you can see, no thanks to the software, or the developer. In a former phase of my life I was an amateur computer programmer, so I learned a bit about computers, and I was able to analyze the problem and take corrective action.</p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">The irony of this is that I have been thinking seriously of bagging this whole thing, inasmuch as I am aware that recently much of the writing on this blog has been, to put it bluntly, crap. It didn't seem right, somehow, to simply stop without explanation, which is what would have happened had the problem been insoluble. Anyway, given this new lease on life, I have decided to inflict myself on a defenseless world for a little while longer at least.</p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica; min-height: 14.0px"><br></p><p style="margin: 0.0px 0.0px 0.0px 0.0px; font: 12.0px helvetica">By the way, in response to a comment, the duck video is definitely not of my pond (as the commenter well knew). It was chosen for experimental purposes only, it being the last funny youtube video I had seen prior to the date I posted it.</p>]]> </description>
      <pubDate>Mon, 16 Apr 2007 19:37:43 -0400</pubDate>
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      <title><![CDATA[<p>¬†Nobody knows the trouble I've seen</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1479650316/E20070415214359/index.html</link>
      <description> <![CDATA[<p>¬†¬†If you are reading this, I may¬† be at the end of two days of frustration trying to get this allegedly improvesd software to work.</p>]]> </description>
      <pubDate>Sun, 15 Apr 2007 21:43:59 -0400</pubDate>
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      <title><![CDATA[<p>¬†Updated software</p>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C2036291215/E20070414192404/index.html</link>
      <description> <![CDATA[<p>¬†This is a test to see if my updated blogging software works with youtube. If so, you should be able to view a video of a duck feeding fish.</p><p><br class="khtml-block-placeholder"></p><p>¬†<object width="425" height="350"><param name="movie" value="http://www.youtube.com/v/xPxDw7ajfGE"><param name="wmode" value="transparent"><embed src="http://www.youtube.com/v/xPxDw7ajfGE" type="application/x-shockwave-flash" wmode="transparent" width="425" height="350"></embed></object>

</p>]]> </description>
      <pubDate>Sat, 14 Apr 2007 19:24:04 -0400</pubDate>
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      <title><![CDATA[<font size="2"> Amateur liars and war czars
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413230754/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">Watching White House Spokesperson Dana Perino
makes you realize what a pro Tony Snow was. This poor woman seems almost-dare I
say it?...embarrassed when she lies. Where did they get such an amateur? I
realize it must be hard to get a general to step in to be Bush's War Czar and
take the blame for the war, but how hard can it be to get a flack to handle the
White House Press Corps. After all, as Hamlet says, "It's easy as lying". Poor
Dana just can't seem to pull it off. Check out the You tube videos <a
href="http://thinkprogress.org/2007/04/12/perino-rnc-2/">here</a> and
<a
href="http://thinkprogress.org/2007/04/12/perino-rnc-2/">here</a>.</font><br /><br /><font face="Helvetica">Even
hapless Scott McClellan was better than
Dana.</font><br /><br /><font face="Helvetica">In case you missed the story on
the War Czar, the Daily Show covered it
well:</font><br /><br /><font face="Helvetica"> 
<OBJECT CLASSID="clsid:02BF25D5-8C17-4B23-BC80-D3488ABDDC6B" WIDTH="160" HEIGHT="136" CODEBASE="http://www.apple.com/qtactivex/qtplugin.cab"> <PARAM name="src" VALUE="http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413230754/Media/generals.mov"> <PARAM name="AUTOPLAY" VALUE="false"> <PARAM name="CONTROLLER" VALUE="true"> <EMBED src="http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413230754/Media/generals.mov" WIDTH="160" HEIGHT="136" AUTOPLAY="false" CONTROLLER="true" PLUGINSPAGE="http://www.apple.com/quicktime/download/"> </EMBED> </OBJECT>
</font><br /><br /><font face="Helvetica">Colbert makes another
point:</font><br /><br /><font face="Helvetica"> 
<OBJECT CLASSID="clsid:02BF25D5-8C17-4B23-BC80-D3488ABDDC6B" WIDTH="160" HEIGHT="136" CODEBASE="http://www.apple.com/qtactivex/qtplugin.cab"> <PARAM name="src" VALUE="http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413230754/Media/Colbert%20general.mov"> <PARAM name="AUTOPLAY" VALUE="false"> <PARAM name="CONTROLLER" VALUE="true"> <EMBED src="http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413230754/Media/Colbert%20general.mov" WIDTH="160" HEIGHT="136" AUTOPLAY="false" CONTROLLER="true" PLUGINSPAGE="http://www.apple.com/quicktime/download/"> </EMBED> </OBJECT>
</font></div>
 </font>]]> </description>
      <pubDate>Fri, 13 Apr 2007 23:07:54 -0400</pubDate>
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      <title><![CDATA[<font size="2"> U.S. Attorney saves job by putting innocent woman in jail?
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070413224251/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">More evidence, if any were needed, that the real
story in the U.S. Attorney scandal may be the U.S. Attorneys that weren't fired;
those like Steven Biskupic from Wisconsin. He's the prosecutor who brought a
"beyond thin" case against a hapless civil servant. It now turns out that he was
on a White House hit list, but apparently worked his way off it somehow.
Coincidence? In this Administration there are no coincidences. If it looks bad
it's because it is. <a
href="http://www.realcities.com/mld/krwashington//17075348.htm?template=contentModules/printstory.jsp">Here's
the story</a>:</font><br /><br /><font face="Helvetica-Oblique"><i>A U.S.
attorney in Wisconsin who prosecuted a state Democratic official on corruption
charges during last year's heated governor's race was once targeted for firing
by the Department of Justice, but given a reprieve for reasons that remain
unclear. A federal appeals court last week threw out the conviction of Wisconsin
state worker Georgia Thompson, saying the evidence was "beyond
thin."</i></font><br /><br /><font face="Helvetica-Oblique"><i>Congressional
investigators looking into the firings of eight U.S. attorneys saw Wisconsin
prosecutor Steven M. Biskupic's name on a list of lawyers targeted for removal
when they were inspecting a Justice Department document not yet made public,
according to an attorney for a lawmaker involved in the investigation. The
attorney asked for anonymity because of the political sensitivity of the
investigation.</i></font><br /><br /><font face="Helvetica-Oblique"><i>It wasn't
clear when Biskupic was added to a Justice Department hit list of prosecutors,
or when he was taken off, or whether those developments were connected to the
just-overturned corruption case.</i></font><br /><br /><font face="Helvetica">By
the way, this story is from the McClachey News Service, which is doing superior
work on this story.</font></div>
 </font>]]> </description>
      <pubDate>Fri, 13 Apr 2007 22:42:51 -0400</pubDate>
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      <title><![CDATA[<font size="2"> Documenting deception
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C84241006/E20070412225852/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">Mark your calendar to <a
href="http://www.truthout.org/docs_2006/printer_041207D.shtml">watch PBS on
April
25th</a>:</font><br /><br /><font face="ArialMT">¬†</font><font face="Helvetica-Oblique"><i>Bill
Moyers has put together an amazing 90-minute video documenting the lies that the
Bush administration told to sell the Iraq war to the American public, with a
special focus on how the media led the charge. I've watched an advance copy and
read a transcript, and the most important thing I can say about it is: Watch PBS
from 9:00 to 10:30 PM on Wednesday, April 25. Spending that 90 minutes will
actually save you time because you'll never watch television news again - not
even on PBS, which comes in for its own share of
criticism.</i></font><br /><br /><font face="Helvetica-Oblique"><i>¬†¬†¬†¬†While
a great many pundits, not to mention presidents, look remarkably stupid or
dishonest in the four-year-old clips included in "Buying the War," it's hard to
take any spiteful pleasure in holding them to account, and not just because the
killing and dying they facilitated is ongoing, but also because of what this
video reveals about the mindset of members of the DC media. Moyers interviews
media personalities, including Dan Rather, who clearly both understand what the
media did wrong and are unable to really see it as having been wrong or
avoidable.</i></font><br /><br /><font face="Helvetica">It's hard to see how he
could document all the lies in a mere 90 minutes, especially because he spends
some time recognizing the people who got it right. Still, it sounds like a must
watch show.</font></div>
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      <pubDate>Thu, 12 Apr 2007 22:58:52 -0400</pubDate>
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      <title><![CDATA[<font size="2"> Proof
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C591364853/E20070411210034/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">From the <a
href="http://www.azcentral.com/news/articles/0411FiredPolitics0411.html#">Associated
Press</a>:</font><br /><br /><font face="Helvetica-Oblique"><i>The
escalating uproar over President Bush's ouster of eight U.S. attorneys has
handed Democrats a weapon they have long sought, evidence that his
administration improperly allowed politics to trump the
law.</i></font><br /><br /><font face="Helvetica-Oblique"><i>There are a couple
of problems: </i></font><font face="Helvetica-BoldOblique"><b><i>The evidence is
largely circumstantial, and the proof is
missing.</i></b></font><font face="Helvetica"> (Emphasis
added)</font><br /><br /><font face="Helvetica">This sent me  to my copy of
Black's Law Dictionary. </font><br /><br /><font face="Helvetica">Circumstantial
evidence: </font><font face="Helvetica-Oblique"><i>all evidence of indirect
nature; direct evidence as to the facts deposed, but indirect as to the fact
probandum</i></font><br /><font face="Helvetica">¬†¬†</font><br /><font face="Helvetica">Proof:</font><font face="Helvetica-Oblique"><i>The
effect of evidence; the establishment of a fact by
evidence.</i></font><br /><br /><font face="Helvetica">In other words,
circumstantial evidence is any evidence that allows one to infer that a given
fact is true, or a given event happened. I have, for instance, never actually
seen the back of my head, but I have good reason to conclude it
exists.</font><br /><br /><font face="Helvetica">If you have enough evidence, of
any nature, you have proof.</font><br /><br /><font face="Helvetica">Perhaps I
can provide an
illustration:</font><br /><br /><font face="Helvetica-Oblique"><i>Attorney: Can
you tell the jury what you
observed?</i></font><br /><br /><font face="Helvetica-Oblique"><i>Witness: I saw
a wooden box with a duck in
it.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Attorney: Isn't it
true that you never saw a
duck?</i></font><br /><br /><font face="Helvetica-Oblique"><i>Witness: But I
heard a quacking noise from inside the
box.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Attorney: So, you
don't know that there actually was a duck in that box, do
you?</i></font><br /><br /><font face="Helvetica-Oblique"><i>Witness: Well,
while I was there, a whole bunch of other ducks congregated around the box, and
they seemed to be drawn by  the quacking
noise.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Attorney: So you
are simply asking the jury to speculate that there was a duck in the box, arent'
you?</i></font><br /><br /><font face="Helvetica-Oblique"><i>Witness: Well, the
box was raised up and it had a screened bottom. There was duck shit underneath,
which was confirmed on scientific
analysis.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Attorney:
Would you please answer the question: You never saw a duck, did
you?</i></font><br /><br /><font face="Helvetica-Oblique"><i>Witness: No I
didn't.</i></font><br /><br /><font face="Helvetica">To be explicit:
Circumstantial evidence is evidence, and enough of it is proof, because proof is
just a pile of evidence sufficient to convince a trier of fact to a given level
of certainty. People have been hung based solely on circumstantial evidence, and
a criminal conviction requires
</font><font face="Helvetica-BoldOblique"><b><i>proof</i></b></font><font face="Helvetica">
beyond a reasonable doubt. It follows, as the night the day, that proof is not
missing just because the only evidence is curcumstantial. The reporter fails to
understand this, something that should be obvious to anyone who performs a
little cogitation about the matter.
</font><br /><br /><font face="Helvetica">Now, what level of proof do we need to
conclude that the Justice Department had been totally politicized? We are
talking about citizens making a political judgment, not about jurors. There is
no reason that we should withhold judgment until we have seen proof beyond a
reasonable doubt. The civil standard is preponderance of the evidence, but I
would submit that when the system of justice is at stake, action is necessary
when you find probable cause. That standard is easily met here, but I'd say that
even the civil standard is met when you combine the facts recited in the story
itself:</font><br /><br /><font face="Helvetica-Oblique"><i>The case of San
Diego's former federal prosecutor Carol Lam has attracted particular attention
because of the uncanny timing of discussions about her
ouster.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Lam, who oversaw
a bribery case against now-imprisoned Rep. Randy "Duke" Cunningham, R-Calif.,
had just alerted the Justice Department to new search warrants in that case last
May when Gonzales' then top aide contacted the White House about replacing
her.</i></font><br /><br /><font face="Helvetica-Oblique"><i>The same day, the
Los Angeles Times reported that the U.S. attorney in Los Angeles had opened an
investigation of GOP Rep. Jerry Lewis that was connected to the Cunningham
case.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Justice Department
documents released last month show Lam landed on a target list long before
because of what administration officials have described as her office's lax
record on immigration enforcement. They've said they were pleased with Lam's
work on the Cunningham
case.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Arizona's Paul
Charlton was ousted amid reports that he was investigating Republican Rep. Jim
Kolbe's contacts with underage congressional pages and a land deal by another
Republican, Rep. Rick
Renzi.</i></font><br /><br /><font face="Helvetica-Oblique"><i>New Mexico's
former U.S. attorney, David Iglesias, surfaced on the list before the Nov. 7
election, after he was contacted by two Republican members of Congress asking if
he would bring indictments in a suspected Democratic kickback scheme before
Election Day.</i></font><br /><br /><font face="Helvetica-Oblique"><i>The New
Mexico lawmakers, Sen. Pete Domenici and Rep. Heather Wilson, have acknowledged
making the calls but denied trying to pressure Iglesias. Gonzales' former top
aide, D. Kyle Sampson, told Congress after he resigned over the ousters that the
lawmakers' concerns may have played a role in Iglesias'
ouster.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Justice
officials said Iglesias was a poor
manager.</i></font><br /><br /><font face="Helvetica-Oblique"><i>John McKay, the
ousted Seattle prosecutor, had declined to investigate charges of voter fraud in
the disputed 2004 gubernatorial election that put Democrat Christine Gregoire in
the governor's mansion. McKay has said an aide to Republican Rep. Doc Hastings
of Washington called to ask about the
investigation.</i></font><br /><br /><font face="Helvetica-Oblique"><i>In
Nevada, Daniel Bogden was asked to leave as he was reportedly looking into
whether Republican Gov. Jim Gibbons had received gifts and money in return for
using his influence on congressional intelligence and national security panels
when he was in the
House.</i></font><br /><br /><font face="Helvetica-Oblique"><i>There have been
no allegations that political corruption cases were a factor in the ousters of
three other prosecutors.</i></font><br /><br /><font face="Helvetica">..with the
fact that the Justice Department is withholding evidence, giving rise to what we
in the law biz call an adverse inference. The foregoing evidence constitutes
sufficient proof to compel a conclusion to a reasonable degree of certainty that
the Bushies were engaged in improper activities. Add all the other evidence
that's come out, and you could easily get an indictment if you happened to run
the Justice Department. Just a little thought, by the way, would lead almost
anyone to conclude that in a case like this, most of the evidence will be
circumstantial. Some elements of a crime must almost always be proven by
circumstantial evidence. The element of intent, for instance, can rarely be
proved by direct evidence.</font><br /><br /><font face="Helvetica">One more
thing: The last statement in the article is true, but misleading. One of the
remaining three U.S. Attorneys was the Arkansas U.S. Attorney, <a
href="http://rawstory.com/news/2007/Key_Rove_aide_fingered_in_Attorneygate_0330.html">who
was pushed out to make way for Karl Rove's puppet</a>. Remember, the
overriding charge is not that the Justice Department was trying to suppress
investigations of Republicans. That's a mere subset of the overall crime. The
charge is that the Justice Department was being politicized, converted into an
arm of the Republican Party. The charge is proven, to a reasonable degree of
certainty. After all, if it quacks like a duck...</font></div>
 </font>]]> </description>
      <pubDate>Wed, 11 Apr 2007 21:00:34 -0400</pubDate>
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      <title><![CDATA[<font size="2"> Retributive justice in Killingsworth
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C148524586/E20070410194509/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">I was in New Haven today, and happened to notice
this story (<a
href="http://www.nhregister.com/site/news.cfm?newsid=18187765&amp;BRD=1281&amp;PAG=461&amp;dept_id=590581&amp;rfi=6">Woman
accused of poisoning
baby</a>)</font><font face="Arial-BoldMT" size="5" color="Navy"><b>
</b></font><font face="Helvetica">on the front page of the Register, as I passed
a newspaper vending machine. Sounds heinous, doesn't it? Anyway, I was finished
with my hearing, so I had time to give it a read through the little plastic
window:</font><br /><br /><font face="Helvetica-Oblique"><i>MADISON ‚Äî
Police arrested a Killingworth woman Monday who they say inadvertently poisoned
a baby less than a month old at a family gathering in Madison last summer after
the woman got pesticides on her shirt while working in her garden.
</i></font><br /><br /><font face="Helvetica-Oblique"><i>Nicole Burger, 40, of
13 Buell Hill Road, turned herself in to police on charges of risk of injury to
a child, a class C felony that carries the possibility of 10 years in prison,
and misdemeanor reckless
endangerment.</i></font><br /><br /><font face="Helvetica-Oblique"><i>Burger was
holding her infant nephew at a home in Madison Sept. 10 and at some point the
baby began to have trouble breathing, said Lt. Robert Stimpson. The baby
apparently had been sucking on Burger‚Äôs shirt, he
added.</i></font><br /><br /><font face="Helvetica">I am truly at a loss to
understand this, and I wonder if this poor lady will get half the sympathetic
press that Julie Amero did.</font><br /><br /><font face="Helvetica">This woman
faces 10 years in jail for, at most, negligence.
</font><br /><br /><font face="Helvetica">I seem to recall that there are three
rationales for putting people in prison: retribution and/or rehabilitation
and/or deterrence. It is rather difficult to see how either of the last two
rationales will be advanced by punishing this lady, who no doubt already has
suffered enough (a phrase commonly applied only to Republican crooks, but in
this case probably apt). That leaves retribution, which has slowly but surely
become the overriding principle in our criminal law (again, Republican crooks
excepted). But even in our increasingly warped and paranoid society, are there
really people who would want to punish this lady for this? Why would a
prosecutor make the decision to bring
charges?</font><br /><br /><font face="Helvetica">Hmmm, sounds like the kind of
thing that could end up being argued in a moot court
competition.</font><br /><br /><font face="Helvetica">The baby is fine, by the
way.</font></div>
 </font>]]> </description>
      <pubDate>Tue, 10 Apr 2007 19:45:09 -0400</pubDate>
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      <title><![CDATA[<font size="2"> Fun listening
 </font>]]></title>
      <link>http://homepage.mac.com/johnwirzbicki/iblog/CTBlue/C1185108201/E20070410192644/index.html</link>
      <description> <![CDATA[<font size="2"> <div><font face="Helvetica">The lawyers in the audience might get a kick out
of hearing the oral arguments in the case of U.S. v. Thompson, the politically
motivated case out of Wisconsin. You can listen <a
href="http://www.jsonline.com/story/index.aspx?id=587339"
target="NewWindow">here</a>
.</font><br /><br /><font face="Helvetica">The case was described by one of the
judges on the panel as "beyond thin". Somehow (apparently with the help of a
partisan judge-remember they're stocking the courts as well as the Justice
Department) they managed to get a conviction against a civil servant for doing
her job and trying to please her bosses. The facts are set forth well in the
course of the argument, so give it a listen. The judge's bias seems evident from
the fact that he was willing to jail the woman pending appeal when anyone in
their right mind could have seen the substantial probability that the conviction
would be overturned.</font><br /><br /><font face="Helvetica">Pity the poor
Assistant U.S. Attorney who was given the task of arguing this turkey. Just
another indication that the U.S. Attorney involved (Steven Biskupic), besides
being in Rove's pocket, must be a total [insert word for male appendage here].
It takes a special kind of coward to make a lower level guy take a pounding in a
turkey case like this to spare yourself the trouble of facing the music in a
situation you created yourself.</font></div>
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      <pubDate>Tue, 10 Apr 2007 19:26:44 -0400</pubDate>
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