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10501  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: October 13, 2010, 09:48:39 PM
  Section 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States
10502  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2010 Elections; 2012 Presidential on: October 13, 2010, 09:36:46 PM
I remember Ariana when she was a conservative. I think her true allegiance is to being in the spotlight.
10503  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: October 13, 2010, 09:34:24 PM
Let me know when Obama starts sending drones after Sarah Palin or Glenn Beck.
10504  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Health Thread (nutrition, medical, longevity, etc) on: October 13, 2010, 09:06:57 PM
China's new prosperity has resulted in a big spike in obesity and obesity related diseases, including type II diabetes.
10505  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: October 13, 2010, 08:58:18 PM
We had American citizens fighting for the Axis powers. Should they have a different status than anyone else were were fighting?

    *  Recruiter and ringleader of the New York-based al Qaeda cell, the Buffalo Six
    * Trained in Yemen as a terrorist
    * Communicated with Tawfiq bin Atash, a planner of the 2000 attack on the USS Cole
    * In 2001, he persuaded six followers to accompany him and train at an al Qaeda camp in Afghanistan

In 2001 Kamal Derwish recruited six young people into an al Qaeda "sleeper" cell of would-be terrorists popularly known as the Buffalo Six or Lackawanna Six. Like his recruits, Derwish was a native of the region of Lackawanna, New York on the shore of Lake Erie just to the south of Buffalo. Lackawanna is home to a community of approximately 3,000 Yemeni Muslims.

Born in Buffalo in 1973, Derwish, the son of a steelworker,  was taken by his family to live in Yemen when he was five. Soon thereafter his father died in a car accident. The boy was then sent to live with relatives in Saudi Arabia, where he was educated under the influence of the kingdom's fundamentalist Wahhabist sect of Islam. The Saudi government deported him to Yemen in 1997 because of his radical political activity.

Derwish returned to Lackawanna in 1998 and began giving lectures at a local mosque. He preached about the evils of listening to popular music, watching television, engaging in loose relations with women, and other behaviors forbidden by Wahhabism. He also made periodic visits to the Middle East. In 1999 he married in Yemen and thereafter returned to the U.S.

Reputedly a charismatic speaker, Derwish's fervor and passion for Islam attracted a small circle of young male disciples in Lackawanna. He persuaded six followers in particular -- Mukhtar Al-Bakri, Sahim A. Alwan, Faysal Galab, Shafal Mosed, Yasein Taher and Yahya A. Goba -- to make a pilgrimage to Afghanistan with him in early 2001. While there, they attended for several weeks an al Qaeda training camp where they were instructed in weapons use and terrorist tactics. During their stay, the camp was visited by the revered Osama bin Laden.

In the wake of the 9/11 terrorist attacks, the FBI and CIA began to find threads of evidence linking Derwish and his six followers to al Qaeda. For instance, intelligence agents learned that Derwish had received advanced weapons training at an al Qaeda camp, and that during the mid-1990s he had fought alongside Muslim rebels in Bosnia. The agents also became aware of communications between Derwish and bin Laden's son Saad, as well as between Derwish and Tawfiq bin Atash; the latter was one of the planners of the deadly 2000 terror attack against the U.S.S. Cole in Yemen.

On November 3, 2002, an unmanned CIA Predator drone flying high above the Yemeni desert unleashed a Hellfire missile at a car that was carrying Kamal Derwish, instantly killing him and four others. Also among the dead was Salim Sinan al Harethi (a.k.a. Abu Ali), the suspected mastermind of the U.S.S. Cole attack.
10506  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Issues in the American Creed (Constitutional Law and related matters) on: October 13, 2010, 08:18:04 PM
So, should we have to have a trial before we can send drones out to zap a haji? Should there have been a due process requirement before we shot down Yamamoto?
10507  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Housing/Mortgage/Real Estate on: October 12, 2010, 10:02:55 PM

10508  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Appeasement on: October 12, 2010, 11:54:25 AM

10509  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Clinton prepares to jump from the SS Obamatanic on: October 12, 2010, 11:32:17 AM

Hillary Rodham Clinton never met a political battle she didn't like. Until now.

Amid frenzied inside-Washington speculation about her political ambitions, the secretary of state is staying firmly on the sidelines. As Democrats and Republicans fight for control of Congress in next month's midterms, the former first lady and senator will be sitting it out, literally half a world away.

Clinton ran staff and reporters ragged during her 2008 Democratic presidential campaign. Now, barred by convention and tradition from partisan political activity as America's top diplomat, she is spending the weeks ahead of the Nov. 2 balloting doing administration business in Europe and Asia.

"I am not in any way involved in any of the political campaigns that are going on up to this midterm election," Clinton said last week.
10510  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Koolaid turning bitter alert! on: October 12, 2010, 11:13:28 AM
The public is waking up and the Obama koolaid is turning bitter in many mouths.

Hope has turned to doubt and disenchantment for almost half of President Barack Obama’s supporters.

More than 4 of 10 likely voters who say they once considered themselves Obama backers now are either less supportive or say they no longer support him at all, according to a Bloomberg National Poll conducted Oct. 7-10.

Three weeks before the Nov. 2 congressional elections that Republicans are trying to make a referendum on Obama, fewer than half of likely voters approve of the president’s job performance. Likely voters are more apt to say Obama’s policies have harmed rather than helped the economy. Among those who say they are most enthusiastic about voting this year, 6 of 10 say the Democrat has damaged the economy.
10511  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: China on: October 12, 2010, 11:04:03 AM,8599,2024090,00.html

On Sept. 29, the House of Representatives passed a bill with overwhelming support from both Democrats and Republicans. It would punish China for keeping its currency undervalued by slapping tariffs on Chinese goods. Everyone seems to agree that it's about time. But it isn't. The bill is at best pointless posturing and at worst dangerous demagoguery. It won't solve the problem it seeks to fix. More worrying, it is part of growing anti-Chinese sentiment in the U.S. that misses the real challenge of China's next phase of development. (See "Geithner: We Need to Toughen Up with China.")

There's no doubt that China keeps the renminbi, its currency, undervalued so it can help its manufacturers sell their toys, sweaters and electronics cheaply in foreign markets, especially the U.S. and Europe. But this is only one of a series of factors that have made China the key manufacturing base of the world. (The others include low wages, superb infrastructure, hospitality to business, compliant unions and a hard-working labor force.) A simple appreciation of the renminbi will not magically change all this. (See pictures of China's infrastructure boom.)

Chinese companies make many goods for less than 25% of what they would cost to manufacture in the U.S. Making those goods 20% more expensive (because it's reasonable to suppose that without government intervention, China's currency would increase in value against the dollar by about 20%) won't make American factories competitive. The most likely outcome is that it would help other low-wage economies like Vietnam, India and Bangladesh, which make many of the same goods as China. So Walmart would still stock goods at the lowest possible price, only more of them would come from Vietnam and Bangladesh. Moreover, these other countries, and many more in Asia, keep their currencies undervalued as well. As Helmut Reisen, head of research for the Development Center at the Organisation for Economic Co-operation and Development, wrote recently in an essay, "There are more than two currencies in the world."

We've seen this movie before. From July 2005 to July 2008, under pressure from the U.S. government, Beijing allowed its currency to rise against the dollar by 21%. Despite that hefty increase, China's exports to the U.S. continued to grow mightily. Of course, once the recession hit, China's exports slowed, but not as much as those of countries that had not let their currencies rise. So even with relatively pricier goods, China did better than other exporting nations. (See pictures of the making of modern China.)

Look elsewhere in the past and you come to the same conclusion. In 1985 the U.S. browbeat Japan at the Plaza Accord meetings into letting the yen rise. But the subsequent 50% increase did little to make American goods more competitive. Yale University's Stephen Roach points out that since 2002, the U.S. dollar has fallen in value by 23% against all our trading partners, and yet American exports are not booming. The U.S. imports more than it exports from 90 countries around the world. Is this because of currency manipulation by those countries, or is it more likely a result of fundamental choices we have made as a country to favor consumption over investment and manufacturing? (Comment on this story.)

Coming: The New China
The real challenge we face from China is not that it will keep flooding us with cheap goods. It's actually the opposite: China is moving up the value chain, and this could constitute the most significant new competition to the U.S. economy in the future. (See "Five Things the U.S. Can Learn from China.")

For much of the past three decades, China focused its efforts on building up its physical infrastructure. It didn't need to invest in its people; the country was aiming to produce mainly low-wage, low-margin goods. As long as its workers were cheap and worked hard, that was good enough. But the factories needed to be modern, the roads world-class, the ports vast and the airports efficient. All these were built with a speed and on a scale never before seen in human history.

Now China wants to get into higher-quality goods and services. That means the next phase of its economic development, clearly identified by government officials, requires it to invest in human capital with the same determination it used to build highways. Since 1998, Beijing has undertaken a massive expansion of education, nearly tripling the share of GDP devoted to it. In the decade since, the number of colleges in China has doubled and the number of students quintupled, going from 1 million in 1997 to 5.5 million in 2007. China has identified its nine top universities and singled them out as its version of the Ivy League. At a time when universities in Europe and state universities in the U.S. are crumbling from the impact of massive budget cuts, China is moving in exactly the opposite direction. In a speech earlier this year, Yale president Richard Levin pointed out, "This expansion in capacity is without precedent. China has built the largest higher-education sector in the world in merely a decade's time. In fact, the increase in China's postsecondary enrollment since the turn of the millennium exceeds the total postsecondary enrollment in the United States."

The Benefits of Brainpower
What does this unprecedented investment in education mean for China — and for the U.S.? Nobel Prize–winning economist Robert Fogel of the University of Chicago has estimated the economic impact of well-trained workers. In the U.S., a high school-educated worker is 1.8 times as productive, and a college graduate three times as productive, as someone with a ninth-grade education. China is massively expanding its supply of high school and college graduates. And though China is still lagging far behind India in the services sector, as its students learn better English and train in technology — both of which are happening — Chinese firms will enter this vast market as well. Fogel believes that the increase in high-skilled workers will substantially boost the country's annual growth rate for a generation, taking its GDP to an eye-popping $123 trillion by 2040. (Yes, by his estimates, in 2040 China would be the largest economy in the world by far.) (See portraits of Chinese workers.)

Whether or not that unimaginable number is correct — and my guess is that Fogel is much too optimistic about China's growth — what is apparent is that China is beginning a move up the value chain into industries and jobs that were until recently considered the prerogative of the Western world. This is the real China challenge. It is not being produced by Beijing's currency manipulation or hidden subsidies but by strategic investment and hard work. The best and most effective response to it is not threats and tariffs but deep, structural reforms and major new investments to make the U.S. economy dynamic and its workers competitive.

Read more:,8599,2024090,00.html#ixzz12A35Rai4
10512  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Doing the decapitations Americans won't do..... on: October 12, 2010, 09:53:07 AM

Open borders kill.
10513  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: 2010 Elections; 2012 Presidential on: October 11, 2010, 10:22:09 PM
Imagine the damage Barry and the lame dems will do after the election. Nothing left to lose.
10514  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Tick.tick.tick on: October 11, 2010, 08:05:19 PM

Not surprisingly, the virtual breakdown of the foreclosure system has created a political storm because it could threaten the liquidity of the banks, particularly the smaller ones.

Reports out of the US over the weekend are that up to 40 state attorneys-general, as well as members of Congress, plan to meet and will call for an across-the-board moratorium on foreclosures to sort out alleged irregularities in foreclosure documents submitted by the banks.

US courts are choked with cases where notes and mortgages were missing from bankruptcy mortgage claims, despite a clear rule that they should be attached. It seems the many mortgage originators which encouraged people to lie about their financial capacity when taking out loans, also didn't bother with the paperwork.

Put simply, some mortgages changed hands many times without the full chain of documents completed. Upon challenge, many companies have been unable to show they had the paperwork, leading to their cases being dismissed.

On September 27, the Department of Justice in North Carolina wrote to Ally Financial: ''This office has received information regarding Ally Financial/GMAC Mortgage's questionable preparation of documents to support home mortgage loan foreclosure actions. In particular, the information indicates that GMAC Mortgage employees routinely signed off on large numbers of affidavits without personal knowledge of the accuracy of the contents of the affidavits. The allegations of improper verification of affidavits are supported by sworn deposition testimony by a team leader of GMAC Mortgage's document execution team for foreclosures.''

The Washington Post reported a day later that millions of people were working their way through the US court system in the wake of the financial crisis. It described the foreclosure process as a system rife with shoddy documents, forged signatures and, according to some state law enforcement officials, outright fraud by lenders eager to rid themselves of bad loans.

The subprime collapse had already wreaked havoc globally as house prices began to fall and the loans became worthless, with millions of borrowers walking away from their obligations. This pushed property prices lower and resulted in the collapse of Bear Sterns, Lehman Brothers, Merrill Lynch, Wachovia, Washington Mutual and hundreds of smaller banks.

While it had a huge impact on the banking system in the US, it didn't destroy it, because lenders were able to foreclose or obtain possession of a property by evicting the borrower and selling it, albeit at a fraction of the loan.

But with question marks hanging over the legality of many foreclosures, the bomb could be about to go off in the US.

As Hugh McLernon at IMF, who has been an avid observer of the subprime crisis, said: ''The central question in any foreclosure is whether the person seeking foreclosure has the standing to ask for it. This is usually done by producing to the court the documents showing that the applicant made the loan and is entitled to the mortgage rights, including the right to foreclose and sell when the borrower stops paying interest.''

For McLernon, the answer is to change the legislation so as to dispense with the need to produce documentation, which is the ad hoc position so far adopted by the court system without legal authority. However, with elections looming in the US, the speedy passage of difficult laws will be difficult.

The alternative is to clog the courts and erode the fragile confidence in the US government and the US financial system. With such a mess bubbling away, the release of consumer sentiment figures, trade figures and US consumer prices is a sideshow to the true health of the US economy.
10515  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The electoral process, vote fraud, SEIU/ACORN et al, corruption etc. on: October 11, 2010, 07:59:21 PM

The Obama White House has been an echo chamber for the Soros-funded Center for American Progress from Day One — from bashing Fox News, attacking talk radio, and pimping “media justice” and the Orwellian Fairness Doctrine, to crusading for the government health care takeover using Astroturfed doctors and taxpayer-funded operatives installed in the health care bureaucracy.

Team Obama has gotten away with its left-wing myna bird routine. Until now.

Mimicking the Center for American Progress attacks on the U.S. Chamber of Commerce, the Soros suck-up-in-chief himself accused Republicans last week of benefiting from “money from foreign corporations” — which liberals claim the U.S. Chamber of Commerce is funneling into political ads. Democrat clown prince Al Franken is leading a Senate inquisition against the Chamber. Endangered Democrat candidates across the country are dutifully parroting the line. From here in my home state of Colorado:

    Democrats are swinging hard at the U.S. Chamber of Commerce for potentially spending foreign money to support Republican campaigns across the country, including Ken Buck in Colorado’s U.S. Senate race.

    The chamber has spent more than $400,000 in Colorado on ads attacking Sen. Michael Bennet, according to campaign-finance records.

    Bennet spokesman Trevor Kincaid called on Buck’s campaign to reject the chamber’s help and disavow the ads allegedly made with “tainted foreign money.”

    “Why won’t Ken Buck stand up against the practices of these shady special interests orchestrating attacks on his behalf?” Kincaid said.

It’s triple-snort-worthy to see the party that cries “RAAACISM” whenever conservatives question their shady foreign funny money suddenly sounding the alarm over non-U.S. campaign cash. Guess we are all “nativists” now, eh, President Obama?
10516  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Fascism, liberal fascism, progressivism: on: October 11, 2010, 07:52:24 PM
Beyond Nixonesque.
10517  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: US Economics, the stock market , and other investment/savings strategies on: October 11, 2010, 06:01:49 PM
Eventually even the best juggler starts dropping things.
10518  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: The Power of Word on: October 11, 2010, 02:03:26 PM
Lots of examples of bravery in Israel, many examples of people who chose to engage terrorists to protect others.
10519  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / FBI terrorism stings on: October 10, 2010, 03:36:08 PM
**Should law enforcement engage in proactive terrorism investigations or wait to do post-blast investigations?**

The FBI concluded two sting operations in the last two days that culminated with the arrests of a pair of terrorism suspects who believed they would be blowing up buildings in Dallas and Springfield, Ill.

Although not connected, officials say the FBI and Justice Department had to coordinate the timing of the two cases so that arrests would not cause suspects to get cold feet with their intention to conduct their operations.

Today, shortly after noon in Dallas, FBI agents swooped in on Hosam Maher Husein Smadi, who allegedly placed what he believed to be explosives in a car bomb near Fountain Place in downtown Dallas. Smadi, 19, a resident of Italy, Texas, is a citizen of Jordan and was in the U.S. illegally.

FBI agents became aware of Smadi on Internet chat rooms. According to an FBI affidavit filed by Thomas Petrokowski, head of a counterterrorism squad in the FBI's Dallas field office, "Smadi stood out, based on his vehement intention to actually conduct terror attacks in the United States."

Just 24 hours earlier, FBI agents in Springfield, Ill., arrested and charged Michael Finton with attempted murder, after he planted what he thought was a one-ton bomb outside Springfield's federal courthouse. Finton, aka Talib Islam, drove a van that he believed was carrying nearly a ton of explosives and parked it in front of the courthouse. Then, the FBI says, Finton "got out of the van," according to court documents and jumped into another car and dialed a cell phone to remotely detonate the bomb.

Finton's arrest was a sting operation, the explosives were fake. Finton was arrested and has been appointed a lawyer from the federal defenders office in Springfield. In Washington Thursday, David Kris, the assistant attorney general for the National Security Divsion, said of Finton's case, "Fortunately, a coordinated undercover law enforcement effort was able to thwart his efforts and ensure no one was harmed,"

Suspect Monitored on Internet Vowing Attacks

On chat rooms and jihadist Internet forums, Smadi consistently stated his commitment to attacks and violent jihad. According to the affidavit, after Smadi repeated these comments, an FBI undercover employee made contact with the young Jordanian and had about 10 communications with him. "During those interactions, Smadi made clear his intention to serve as a solider for [Osama] bin Laden and [al Qaeda], and to conduct violent jihad," according to the FBI affidavit.
10520  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 10, 2010, 03:23:49 PM

IV. Why the Knotts/Karo Line Is a Reasonable One

Some readers may be thinking, “But wait, Knotts is wrong!” As a result, they may want the courts to do anything that helps limit Knotts or even plant the seeds of its overruling. That raises the more fundamental question of whether the future Supreme Court should stick with Knotts/Karo or adopt a different rule.

To answer this, it help to see Knotts and Karo as examples of a recurring question of Fourth Amendment law: How to adapt the inside/outside distinction in light of new technologies? As I argue in this article, the inside/outside distinction is the basic building block of the Fourth Amendment. Surveillance of open spaces does not trigger the Fourth Amendment, while surveillance that breaks into enclosed spaces does. This dividing line ordinarily gives the government the power to investigate open spaces but not enclosed ones. The key question is how or whether to apply this line when technology changes: If technology allows greater surveillance, should the Supreme Court move the Fourth Amendment line accordingly? Karo and Knotts update the old line in a way that retains the basic inside/outside distinction. The cases look to whether the information collected reveals information about the inside of the home or what is happening outside, treating the locating device as a virtual person who either enters the home or stays outside it.

I think that’s a reasonable choice, as it aims for technology neutrality. It’s the basic approach I advocate in applying the Fourth Amendment to the Internet. It’s not perfect, of course. In my view, it should also be supplemented by statutory privacy laws to regulate the use of GPS devices, much like existing statutory privacy law presently regulates location information for cell phones. Statutory privacy laws have the advantage of flexibility: They could adopt a mid-level standard such as “reasonable suspicion” to regulate GPS surveillance and deter abuses, something that is much harder to get from the Fourth Amendment (which ordinarily requires a warrant).

Finally, if you reject Knotts and the inside/outside line, you need to come up with a replacement. It’s easy to say that you think the Fourth Amendment should regulate GPS surveillance. But it’s much harder to come up with a general view as to how the Fourth Amendment should regulate public surveillance and then situate the case of GPS within it. It’s not impossible, but it’s much harder. It’s especially difficult for a group of Justices to agree on another line that could operate with a reasonable degree of clarity in a range of cases over time. So while Knotts/Karo do not provide the only line the Court could follow, I think they do offer a reasonable one.
10521  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 10, 2010, 03:11:59 PM
Law enforcement officers are empowered to do things that others are not. A non-LEO cannot serve a search warrant/arrest warrant or obtain a title III warrant to wiretap a suspects phone or drive a vehicle far in excess of posted limits legally.
10522  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 10, 2010, 01:13:08 AM

Miller: How else might GPS be help to a law enforcement officer? I mean, could they track people with it?

Hodges: Yeah, and I think that’s the thrusts of where we want to go. And here’s how tracking works. Officers can take a GPS receiver and covertly attach it to a vehicle. The receiver is set up to at particular, pre-set, pre-determined intervals. It calculates its location and remembers it. That data is recorded and then later on the officers can download that information from the device, put it on a computer and display when and where the vehicle was. It can even show a vehicles particular route, speed and the life.

More sophisticated installations are going to have equipment that will immediately translate the location through a cell phone on another wireless connection and officers can stand back and live track the vehicle either through a notebook computer that receives a cell phone signal or I’ve seen set ups where officers back in their offices or maybe even cross country can all track the same vehicle at the same time and we call that live tracking.

Miller: It’s got to have some limitations; it can’t be all perfect.

Hodges: Nothings perfect and there are both technical and some legal implications. Now obviously the departments are going to have to obtain the equipment and I recommend that they get proper training from the manufacture on how to use it. There’s also a course at the Federal Law Enforcement Training Center called the Covert Electronic Tracking Program and you can go to the same FLETC website without the legal part and you can sign up for that course or get information about it.

Another limitation with GPS is that current technology requires that satellite antenna or the GPS satellite antenna be exposed, so it’s able to see the sky. If it can’t see the sky, it can’t get a satellite signal. If the receiver, or more accurately, if the receiver antenna’s at a place where it can’t do that like a parking garage or a heavily forested area then GPS won’t work or if it does it’s going to be severally limited.

Miller: There’s also there’s got to be some legal implications.

Hodges: There always is. It’s our friend the 4th Amendment that comes back again. It’s all about REP, reasonable expectations of privacy. I think the easiest way to look at this is to have somebody who wants to do a GPS installation and use it for tracking, that officer should ask himself or herself three questions. First, do I need to intrude into a REP area to get to the vehicle to install the equipment? Second question is do I need to intrude into the vehicle’s REP to install the equipment? And the third question is will the officer be tracking a vehicle as it moves into a REP area? So, if the answer to any of those three questions is yes, then we are going to need a warrant. If the answer to all three of those questions is no, then we don’t need a warrant.

Before we get too far into the details, let me say that this Podcast deals with federal law. State law can differ and some of the differences are outlined in that webpage article that we talked about earlier.

Miller: Well let’s take a look at that first question, location of the vehicle at the time of the installation. Tell me a little bit about that.

Hodges: Well you and Jenna Solari have covered this already in your 4th Amendment Podcast series. And the way it goes is this; if the vehicle is located in an area where there’s REP, such as on a curtilage, the officers are going to need a warrant to get into the REP area to install the equipment. On the other hand, if the vehicle is parked out on a public road, a parking garage or even a road in a gated community there is no intrusion into REP to get that to the um vehicle.

I would add that most federal cases hold that there is no REP in ordinary driveways leading up to a residence, but I would certainly recommend an officers speak to their AUSA before doing an warrant less installation on a vehicle that’s parked in an owners driveway.

Miller: Okay, let’s look at that second question, now REP on the vehicle.

Hodges: Right. In some cases all the GPS tracking equipment can be installed on the exterior of the vehicle and we’re not having to intrude in the vehicle’s interior or the trunk or taping into the vehicle’s wiring. In that case there is no intrusion into a REP area because there’s no REP as to the exterior of a vehicle. If officers do have to go into interior of the vehicle or the trunk or tap into the vehicle’s wiring, they we are going to have an intrusion into a REP area and then a warrant is going to be required.

Miller: Now you told me that you can use this GPS system to actually track the vehicle. Correct?

Hodges: That’s right.

Miller: Talk to me about this, this third issue location of the vehicle in terms of where it might move.

Hodges: Now, federal law does not require a warrant to GPS monitor a vehicle as it moves over public roads and highways. If you are going to go tracking in public roads or highways I should say if you’re going to track in a REP area then a warrant is required. Usually this last factor isn’t very important in GPS tracking and that’s because GPS doesn’t work indoors and most REP areas for a vehicle is going to be in some covered area like a garage or a large warehouse complex. If you get into RF tracking that would be a different matter but we’re not talking about RF tracking today, we’re just talking about GPS.

Miller: Okay, you covered a lot of information. Can you, can you review these three questions please?

Hodges: Yep, I think that’s a good idea. First question is do I need to intrude into a REP area to get to the vehicle to install the equipment? Second, do I need to intrude into the vehicle’s REP to install the equipment; and third, will the officer be tracking the vehicle as it moves into a REP area? And again the math on this is pretty simple. If the answer to all of the questions is no, then under federal law I don’t need a warrant. If the answer to any of the three questions is yes, then I am going to going to need a warrant.

Miller: Hey, does Title III wire taps have anything to do with this tracking device?

Hodges: Tim, it doesn’t. In fact, Title III specifically excludes tracking devices from its coverage.
10523  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: October 09, 2010, 08:30:28 PM
So how will this all play out?
10524  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Pathological Science on: October 09, 2010, 12:57:02 PM
Can you remember when California was a place people wanted to move to rather than escape from?
10525  Politics, Religion, Science, Culture and Humanities / Politics & Religion / The Coming of the Fourth American Republic on: October 09, 2010, 11:50:06 AM

Long and very much worth reading.
10526  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Legal Issues created by the War with Islamic Fascism on: October 09, 2010, 11:42:39 AM
Civilian trials for terrorists failing? Gee, who could have seen this coming??
10527  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Housing/Mortgage/Real Estate on: October 09, 2010, 10:29:34 AM
Obama and the dems move us another step towards being a banana republic.
10528  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Political Economics on: October 09, 2010, 10:01:01 AM
10529  Politics, Religion, Science, Culture and Humanities / Politics & Religion / An Inevitable Slide for Americans’ Standard of Living on: October 09, 2010, 09:44:40 AM

America’s standard of living could turn out to be the main casualty of the debt crisis. For a decade, the middle class made up for stagnant incomes by getting ever deeper into debt. Without housing wealth to tap, a bout of inflation is one of the few alternatives to a decade of austerity.
10530  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Venezuela on: October 09, 2010, 09:35:01 AM
The consequences from the U.N. or the Obama Administration will be what?

**The same China faces for seizing Japanese islands. The same Iran faces for building nuclear weapons to use on Israel and the US.**
10531  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Tea Party, Glen Beck and related matters on: October 08, 2010, 09:55:49 PM
Barack Obama has awakened a sleeping nation
Gary Hubbell
Aspen Times Weekly

Barack Obama is the best thing that has happened to America in the last 100 years. Truly, he is the savior of America's future. He is the best thing ever.

Despite the fact that he has some of the lowest approval ratings among recent presidents, history will see Barack Obama as the source of America's resurrection. Barack Obama has plunged the country into levels of debt that we could not have previously imagined; his efforts to nationalize health care have been met with fierce resistance nationwide; TARP bailouts and stimulus spending have shown little positive effect on the national economy; unemployment is unacceptably high and looks to remain that way for most of a decade; legacy entitlement programs have ballooned to unsustainable levels, and there is a seething anger in the populace.

That's why Barack Obama is such a good thing for America.

**Read it all!**
10532  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 08:47:07 PM

Key Findings
There is no silver bullet for thwarting terrorist attacks. Few of the terror plots thwarted after 9/11 were disrupted using a single, clearly identifiable method. Many of the plots were discovered through a combination of happenstance, allowing authorities to take advantage of what were, in essence, lucky breaks; diligent police work; foreign law enforcement cooperation; civilian-provided intelligence; and other means, none of which can be clearly identified as having been the most critical to thwarting an attack. Since it is difficult to determine objectively what has prevented terrorist attacks since 9/11, attempts to state definitively which piece of information or counterterrorism measure led to the disruption of a given terrorist network or plot must be treated with a degree of skepticism.
Post-9/11 counterterrorism measures—including the PATRIOT Act and amended FISA surveillance provisions, unlawful combatant designations, indefinite detentions, and the use of torture techniques—have been instrumental in thwarting attacks in only a small number of cases. There has been considerable speculation that post-9/11 counterterrorism provisions have been instrumental in preventing many or all of the terrorist attacks thwarted since 9/11.3 This report finds,

however, that the law enforcement techniques, detention and interrogation procedures, and legislative measures adopted after 9/11 demonstrably contributed to thwarting attacks in only five cases, or less than one-sixth of the total number of foiled attacks. The fact that intelligence and law enforcement officials often closely guard specific details of counterterrorism investigations makes it impossible to definitively claim that the use of techniques and legal provisions enacted after 9/11 has not contributed significantly to a larger number of post-9/11 counterterrorism successes. It is also critical to note, however, that there has been little clear evidence demonstrating that they have. In March 2009, for example, FBI director Robert Mueller stated that roving wiretaps had been obtained 147 times after 9/11.4 However, authorities identified roving wiretaps as having been used to disrupt only one terrorist plot.

Counterterrorism investigations leading to thwarted attacks have drawn heavily on traditional law enforcement techniques. A plurality of the post-9/11 terrorist plots were disrupted using traditional law enforcement techniques—specifically physical surveillance, undercover agents, and confidential informants—to obtain information on terror suspects and their attack plans. Though in some cases these techniques have been modified to take into account new developments in communication technology (e.g., monitoring internet chat rooms and jihadist websites), the techniques employed in the majority of thwarted attacks have been in keeping with those used in criminal investigations before 9/11.

Citizens’ vigilance and luck have played a fairly significant role in thwarting attacks. In approximately 21% of the cases examined, civilians’ proactive involvement (either through direct action or provision of intelligence) and simple happenstance that worked to the authorities’ advantage were significant factors in plots being discovered or disrupted. This does not suggest that direct or indirect civilian action can or should be relied upon as a means of thwarting attacks. Nor does it imply that successful counterterrorism is primarily a matter of luck. It does, however, underscore the complex range of factors and circumstances that contribute to preventing attacks and the danger inherent in uncritically reducing counterterrorism successes to an explicit validation of any one policy or tool.

International cooperation remains vital. In several cases foreign intelligence and law enforcement cooperation—including the provision of intelligence and making arrests—was instrumental in dismantling terror plots. Though this is hardly a new phenomenon, Umar Farouk Abdumutallab’s use of international transfer points to reach his final attack site highlights the increasing importance of international cooperation when terrorist conspirators live, plan, and operate in multiple international jurisdictions where the United States might have a limited presence or reach. Cooperation has also become especially important in light of the fact that terrorists increasingly conspire to attack targets in the United States and abroad simultaneously, as with the attempted liquid explosives attack and Dhiren Barot’s multiple international plots. This trend underscores the importance of making real-time communication and deconfliction of national and agency priorities paramount.
10533  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Afghanistan-Pakistan on: October 08, 2010, 08:25:49 PM
The president's new plan for Afghanistan:

1. Cut and run.

2. HuhHuhHuhHuh

3. PROFIT!!!!!
10534  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 08:22:33 PM

A lot of seriously bad people get arrested as the result of traffic stops for very minor traffic offenses. If you look at the stats for wanted felons arrested every year, state troopers tend to have the highest rates. Not because of special units that chase wanted felons, but sheer numbers of traffic stops. The more contacts, the better your odds of grabbing someone who really needs to go into custody. Dirtbags tend to not maintain their cars, stolen vehicles often have certain tell-tale signs as well. So living in a place where the local cops do lots of traffic tends to deter the criminal element from that area.
10535  DBMA Martial Arts Forum / Martial Arts Topics / Re: We the unorganized militia on: October 08, 2010, 08:06:27 PM
An armed and trainedpopulation can make a big difference.
10536  DBMA Martial Arts Forum / Martial Arts Topics / Re: We the unorganized militia on: October 08, 2010, 07:55:19 PM
Note that Mumbai type attacks have been tried many times in Israel. Aside from the schoolchildren at Ma'alot, it's hasn't turned out well for the hajis.
10537  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 07:50:30 PM
I can tell you that as someone that has spent the vast majority of my adult life working in some aspect of the criminal justice system, the vast majority of men and women in law enforcement are good people who go out to do the right thing for the right reasons.
10538  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: Islam the religion on: October 08, 2010, 07:46:14 PM

Iraqi Sufis donate to Hamas, boast of jihad activity in Iraq

Sufis applaud Hamas' jihad

Many times over the years, when I have pointed out that all the orthodox Islamic sects and schools of Islamic jurisprudence teach the necessity to wage war against and subjugate unbelievers, people have countered by invoking the Sufis, whom they believe to be entirely peaceful and devoted to a wholly spiritualized form of Islam.

Unfortunately, this is not the case, and has never been the case, as Andrew Bostom showed here: Sufis from al-Ghazali to the present day have taught the necessity of jihad warfare, and have participated in that warfare. Here is more evidence: Iraqi representatives of the Naqshabandi Sufi order meet with Khaled Mashaal of Hamas, praise his jihad, donate jewelry to him, and boast of their own jihad attacks against Americans in Iraq.

"Hamas Leader Khaled Mash’al Meets with Iraqi Terrorists and Accepts Their Women’s Gold," from MEMRI, January 22 (thanks to Andrew Bostom):
10539  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 05:03:46 PM
The reason we know that some FBI agents haven't complied with the required documentation in some cases? Because the DOJ OIG investigated and published it's findings. I'm pretty sure that's what you would call oversight.

Exactly what surveillance tools are you objecting to?

The FBI works lots of public corruption cases. If there are indications of corrupt law enforcement agencies, they often get lots of attention from the feds. The NOPD springs to mind as an example.

Radley Balko uses inflammitory press clippings in the same way gun control groups do. Ohhhh, that gun is an "assault rifle" because it has a flash hider and folding stock! Oh, that Mini-14 is ok because it has a wooden stock. There is no legal difference between a LEO in a class b uniform, BDUs and external vest or "soft clothes". Graham v. Connor is still the legal standard for the use of force, no matter what a LEO is wearing or what use of force tools are used.

10540  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Better than a bearded marxist on: October 08, 2010, 04:22:17 PM

Even with all of her considerable flaws, O'Donnell is still better than her opponent.
10541  DBMA Martial Arts Forum / Martial Arts Topics / Re: Stretching on: October 08, 2010, 04:01:33 PM
I've found doing "bridges" has helped my lower back pain quite a bit.
10542  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 01:49:28 PM

Oh look, Radley Balko not letting the truth get in the way of his agenda. Shocking.
10543  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 01:23:54 PM
It's easy to confuse one A-hole with another.....  wink
10544  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 12:04:44 PM
Ayers, not Alinsky. Right?
10545  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / Re: Privacy on: October 08, 2010, 11:59:34 AM
You can't un-invent technology. If a government is oppressive, exactly how will some law or policy regarding the use of technology stop it from doing so?

Yet one doesn't have to look too hard to find instances where investigated information leads to an incorrect door being kicked in.

And there are civil and criminal liabilities related to the incorrect door being kicked in. Aside from the structural disincentives already present, what else would you do? To have a rule of law, laws must be enforced.

Others disagree. List members are invited to make up their own minds viewing the data shown here:

Note that the website you link to is the creation of Radley Balko, who will not let the truth get in the way of his anti-law enforcement agenda.

Or don't municipalities regularly pay out for wrongful deaths and injuries resulting from police activity?

In our litigious society, it's often the strategy to pay to settle suits rather than litigate them, no matter how much the suit might lack merit.

10546  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Exotic concepts like "rule of law" on: October 08, 2010, 11:29:08 AM

LATE last week, New York Times reporter Kate Zernike noted  that many tea partiers, often at Glenn Beck's urging, have availed themselves of several classic texts, including F.A. Hayek's 1943 blockbuster "The Road to Serfdom"—surely one of the most influential political tracts of the last century. Ms Zernike, however, appears somewhat out of her element handling this sort of exotica. She writes:

    Representative Paul D. Ryan, Republican of Wisconsin, alluded to “The Road to Serfdom” in introducing his economic “Roadmap for America’s Future,” which many other Republicans have embraced. Ron Johnson, who entered politics through a Tea Party meeting and is now the Republican nominee for Senate in Wisconsin, asserted that the $20 billion escrow fund that the Obama administration forced BP to set up to pay damages from the Gulf of Mexico oil spill circumvented “the rule of law,” Hayek’s term for the unwritten code that prohibits the government from interfering with the pursuit of “personal ends and desires.”

It's the last sentence that has me in stitches. Have you heard of this peculiar thing some call "the rule of law"? To be fair, Mr Hayek did eventually develop a distinctive conception of the rule of law, but it's not that distinctive, and the idea of "an unwritten code" certainly isn't part of it. Mr Hayek's late-period thought on cultural evolution did emphasise the heavy reliance of successful societies on unwritten and often inarticulable norms of behaviour, and our culture's will to uphold the ideals of the rule of law flows in large part from our unwrittern cultural endowment,  but the idea of an unwritten code is pretty much the opposite of what Hayek had in mind when it came to the rule of law.

Perhaps Ms Zernike missed the chapter titled "Planning and the Rule of Law" as she read "The Road to Serfdom" in preparation for this article. There, Hayek draws out the difference between "a free country" and "a country under arbitrary government". A country counts as free only if its government is bound by the rule of law, which, according to Hayek, "means that government in all its actions is bound by rules fixed and announced beforehand". Typically, these rules, once fixed, are written down and then published through official state organs. The idea is that politically-determined rules need to be relatively fixed and publicly known in order to create a stable and certain framework in which individual planning and complex social coordination can flourish. The goal of replacing arbitrary government with the rule of law implies for Hayek, among other things, that executive discretion ought to be reduced "as much as possible".

As far as I can tell, Ron Johnson, the Republican Senate candidate from Wisconsin, hit the nail on the head when he identified the Obama administration's demand that BP set up an escrow fund as an instance of arbitrary government at odds with the rule of law. The issue here is not whether requiring such an account was a good idea. It probably was. The question is whether the executive branch, in issuing this demand, acted according to general legal rules already in place, or if it ignored established procedure and simply exercised power without prior authorisation in a manner unconstrained by known rules. One can ask similar questions about the Wall Street bail-outs, the partial nationalisation of General Motors, and the growing list of new executive powers claimed under the Bush and Obama administrations.
10547  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Rogt/milt on: October 08, 2010, 11:25:12 AM
How's the socialism work out for you?

Thank you Denny for firsthand accounts.  The whole Chavez story is very sad for the people.  I hope you will tell us what you think the U.S. can do to help; I assume it is nothing.  Here we seem to be headed down a similar road.  Now we have an uprising, the tea party, and maybe a shift in one body of congress.  After that I fear we will head further down the same road, what you call 21st century socialism, forced redistributionism and a dismantling of the freedoms and pillars that used to make this a great place.

The only thing I wish from America would be for Obama and various Democrats and Hollywood types to stop backing Chavez. Unfortunately, Socialism is a world wide movement. They don't deny it, on the contrary, that is one more way they seek power. Not only that, they have co-opted the UN

On 20 September the Socialist International held the annual meeting of its Presidium with the participation of Heads of State and Government at the United Nations Headquarters.

XXI Century Socialism is the official Chavez slogan for his movement. He has publicly called himself a Marxist.

Countries have to relearn forgotten principles. America in great measure has discarded the principles of the Founding Fathers but maybe through the Tea Party movement, a true grass roots movement, there will be a revival of these principles. Yes, there are a lot of similarities between Chavez and Obama. The one big difference is that Chavez was able to rewrite the Constitution and to rearrange all the forces in Venezuela so as to take absolute control of the country. He has also committed treason by letting Cuba run the place. He even forced the Armed Forces to adopt the Cuban slogan: "Patria, Socialism o Muerte"  (Homeland, Socialism or Death).

Denny Schlesinger

10548  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 11:14:22 AM
Jones wants out before he's forever tainted by us handing a big win to the global jihad in Afghanistan.
10549  Politics, Religion, Science, Culture and Humanities / Politics & Religion / Re: The Cognitive Dissonance of His Glibness on: October 08, 2010, 10:42:32 AM
All the screams from the left indicate just how accurate D'souza really is in his analysis.
10550  Politics, Religion, Science, Culture and Humanities / Science, Culture, & Humanities / VERY relevant today on: October 08, 2010, 10:19:08 AM

If You Want To Understand What Makes This Recession Continue
Ask the authors of Federalist 62.  First, the problem of the health care reform bill that came to 2700 pages:

    It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?

The following paragraph explains why people like George Soros always back Democrats:

    Another effect of public instability is the unreasonable advantage it gives to the sagacious, the enterprising, and the moneyed few over the industrious and uniformed mass of the people. Every new regulation concerning commerce or revenue, or in any way affecting the value of the different species of property, presents a new harvest to those who watch the change, and can trace its consequences; a harvest, reared not by themselves, but by the toils and cares of the great body of their fellow-citizens. This is a state of things in which it may be said with some truth that laws are made for the few, not for the many.

And why employers are reluctant to hire right now:

    In another point of view, great injury results from an unstable government. The want of confidence in the public councils damps every useful undertaking, the success and profit of which may depend on a continuance of existing arrangements. What prudent merchant will hazard his fortunes in any new branch of commerce when he knows not but that his plans may be rendered unlawful before they can be executed? What farmer or manufacturer will lay himself out for the encouragement given to any particular cultivation or establishment, when he can have no assurance that his preparatory labors and advances will not render him a victim to an inconstant government? In a word, no great improvement or laudable enterprise can go forward which requires the auspices of a steady system of national policy.

The things you find, preparing for class!
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