Tuesday, September 27, 2016

Queen of Mean

The last billionaire who bragged and said "taxes are just for little people" was the Queen of Mean.  We put her in prison. She also owned hotels.

If it's an honest tax return, why are his lawyers afraid?  Trump continues to flirt with us about showing us his tax returns.  Now we suspect he paid no taxes, and continues to flout his wealth he earned while a citizen of the United States.   He fusses at people who take the fifth and exercise their right. Perhaps the biggest leaches are at the top?

My brother identifies with Trump and is a big supporter.   Which leads me to believe that Dad's $14 million dollar check to him cleared the bank.  Me?  Not so lucky.

  I see something wrong with someone who does not pay taxes and thinks that is a good thing because they are smart. I suppose if we were all smart no taxes would be paid.  Trump wants new road, airports and bridges and of course, he wants us to pay for it....not him....not even a little bit.  He thinks we are Mexico.

She's 68. ISIS  was born out of the U.S. invasion of Iraq in 2003.  Donald thinks Hillary fought ISIS before IT was born.

I kinda wish Don Rickles was debating Trump tonight. Two showbiz insult personalities debating would be fairer and something Americans would find entertaining.

Trump to reveal he is solely responsible for the color of  Cheetos.

Comforting to know, in preparation for debate,  that Gov. Christie is helping Trump know how to block a bridge and get away with it.

First Presidential debate in history that parents are warned not to let children watch.

Very humbling. I was recently recognized nationally.  I had no idea where I ranked among lawyers consuming pound cake but it's always nice to receive an award.


Chicken Dumplings.  If it's white and unhealthy, I like it.



Apparently it's legal if banks do it to us.  In fact, they reward the CEO with a couple of hundred million dollars for orchestrating it.  It's nice to own a Congress.


Video Released of Houston Police Beating Homeless Man

Bogus charge of homeless man resisting arrest dismissed and he is released from wrongful incarceration.
One cop resigned and the other is re-trained to hopefully "protect and serve" us a little less.

Of course no jail for cops.  Allowed to resign, expect him to be a peace officer in your town in the future....what with all that training we've spent on him.


Bill Maher
16 mins
Word from inside the debate hall is Melania just left with Bill Clinton. #StillGotIt


Woman Found With Husband’s Entrails In Her Carry On Luggage . . . Austrian Officials Declare No Law Has Been Broken

by jonathanturley
lggn0527keep-calm-carry-on-posterCustoms officials at Graz airport in Austria made a shocking discovery in the carry on luggage of a Moroccan woman: the entrails of her husband. If that is not bizarre enough, Austrian police insist that there is nothing illegal in taking body parts of your loved ones as carry on -- subject to any size limitations of the airline of course.


NPR Politics
Joe Raedle/Getty Images
Both Donald Trump and Hillary Clinton started out calm during last night's presidential debate, but tensions rose quickly as the conversation moved from trade to policing to foreign policy. Trump criticized Clinton on her jobs plan and her strategy to defeat ISIS. But, as the night went on, he began to lose composure when the focus turned to the 'birther' controversy Trump fueled and when moderator Lester Holt challenged the GOP nominee on his early support of the Iraq war. Clinton, on the other hand, seemed to be enjoying herself, at one point doing a shoulder shimmy that was deemed immediatelyGIF-worthy

Meet the Woman Donald Trump Called "Ms. Piggy"


The Brief: Dripping Springs Parents Debate Bathroom Access

by Alex Samuels | Sept. 27, 2016
Jaime Coble, who has three children currently enrolled in the Dripping Springs Independent School District, at a Dripping Springs Independent School Board meeting on Monday, September 26, 2016. Coble and her husband are against the policy allowing a transgender third-grade student at Walnut Springs Elementary to use the girls' bathroom in accordance with her gender identity.

The Big Conversation 

Parents and children at Walnut Springs Elementary School in Dripping Springs debated at a board meeting Monday night the school’s decision to allow a transgender student, born a boy, to use the girls’ bathroom.
The main concern stated by many parents was that the school’s principal had not informed them of the decision. Many also expressed concerns over how the changes would affect their kids.Blake Stolter, the parent of two girls at the school, said the decision to allow transgender students to use the bathroom of their choice, “affects the emotional, physical and mental well-being of my daughters.”
As the Tribune’s Elena Mejia Lutz reports, many current students and parents of those who attend the school said they support the changes. Grant Tate, the parent of an 8-year-old attending Walnut Springs Elementary, said, "Our kid doesn't care [about who goes in or out of the bathroom.] He wants his friends to feel comfortable and safe. The fear comes from the adults.”
The discussion at Dripping Springs is just the latest instance of conflict in Texas over transgender students and bathrooms. In May, the Obama administration issued guidance directing public schools to allow transgender students to use bathrooms that match their gender identity. A Fort Worth federal judge, Reed O’Connor, blocked the administration’s move just before the 2016-17 school year, ruling that the “status quo” should remain in place.


Illinois law reducing civil juries to six people is unconstitutional, state's top court rules

Sep 26, 2016, 10:39 am CDT


Houston gunman was a good lawyer, former law partner says

The Houston lawyer identified as the gunman who shot and wounded nine people on Monday had practiced law for 12 years with Kenneth McDaniel, who says the dissolution of their partnership was “a matter of economics.”
Alleged gunman Nathan DeSai was a “good, competent lawyer” in good standing with the state bar, McDaniel told Law.com (sub. req.). McDaniel toldHouston Public Media that DeSai “was always at work every day” and “he did his work.”
“I’m at a loss for words for what has happened. It’s horrible,” he said.
Police shot and killed DeSai after he began firing at cars from a Houston strip mall. Six people injured in the shooting went to the hospital and three others were treated at the scene. Three have since been discharged from the hospital, the Houston Chronicle reports. One remains hospitalized in serious condition and two others are in good condition.
DeSai, 46, was wearing a vintage military uniform and had Nazi emblems on him, according to the Chronicle story and the Washington Post. Police found 2,600 rounds of ammunition and a Thompson submachine gun inside DeSai’s Porsche, which was parked at the scene. Police also found “vintage military stuff” dating back to the Civil War in DeSai’s condo, said Houston Police Capt. Dwayne Ready.
McDaniel told the Houston Chronicle that the law firm had closed because business fell during the recession.
“I’m reading stuff online talking about how he was possibly a fired employee that was disgruntled,” McDaniel told the Chronicle. “That’s the farthest thing from the truth. Our partnership dissolved in February of this year; it was simply a matter of economics. We couldn’t afford to operate as a partnership anymore.”
DeSai’s father, retired geologist Prakash DeSai, told the Houston Chronicle that Nathan DeSai had been troubled because he was having trouble attracting clients to his solo practice.
The property manager at the complex on Law Street where DeSai lived told ABC 13 that DeSai had been behaving erratically in recent months, and had pulled a gun on a roofing crew he mistook for burglars.
DeSai obtained his law degree from the University of Tulsa in 1998. He practiced business, criminal and family law according to the State Bar of Texas website.


Donald J. Trump at a town hall-style campaign event on Tuesday at Miami Dade College in Miami.
After a Disappointing Debate, Trump Goes on the Attack


Mr. Trump lashed out at the debate moderator, complained about his microphone and threatened to make Bill Clinton's marital infidelity a campaign issue in a TV appearance Tuesday.


Lawrence, Mass., where the police estimate that children are present in 10 percent of the drug calls to which they respond.
Addicted Parents Get Their Fix, Even With Children Watching


The opioid epidemic in New England and elsewhere has reached such proportions that addicts are increasingly getting high and passing out with their children in tow.


New York considers 'textalyzer' bill to allow police to see if drivers were texting behind the wheel


New York considers 'textalyzer' bill to allow police to see if drivers were texting behind the wheel

On a summer morning near Chappaqua, New York, in 2011, Evan Lieberman, 19, was carpooling with co-workers when the driver collided with another vehicle. Five occupants between the two cars were sent to the hospital. After 32 days of intensive care and multiple surgeries, the teenager died.
His father, Ben Lieberman, filed a civil suit against the driver of Evan’s vehicle, whom police did not charge. While the driver said he had dozed off, Lieberman thought there was more to the story. In the wrongful death suit, he subpoenaed the driver’s cellphone records to see whether the phone’s use was a contributing factor in the crash.
“What we learned is that police don’t really look at phones at all,” says Lieberman. While the police did not examine the driver’s phone, the records showed that the driver used his phone minutes before the crash. The case settled in 2013 for an undisclosed amount.
Through this emotional experience, Lieberman co-founded Distracted Operators Risk Casualties, a nonprofit advocacy group that supports a bill in the New York Assembly that would allow police to analyze a driver’s phone without a warrant after a car crash to see if prohibited use had occurred. Deborah Becker is his co-founder; her son was the front-seat passenger in the head-on collision that caused Evan’s death.
Colloquially referred to as the “textalyzer” bill, it has been heralded as both a commonsense solution to the pervasive problem of distracted driving and derided as an infringement of constitutionally protected privacy rights and due process.
Like breath-test laws, the bill uses implied consent, which is given by anyone merely driving on the roads of New York or in possession of a state driver’s license, to justify the search of the phone. The technology, which has yet to be developed, would not collect the call’s content, text messages or social media posts but instead gather metadata, which shows that a call or message occurred. Tools that can collect a phone’s content already exist. Drivers who refuse to hand over their phones risk their license or driving privileges, which “shall be immediately suspended and subsequently revoked,” says the draft legislation.


According to Distraction.gov, an official U.S. government website, distracted driving occurs when an activity diverts a person’s attention away from the primary task of driving. It includes activities such as tooth brushing and text messaging.
Concerning the impetus for the New York legislation, the 2011 National Occupant Protection Use Survey on Driver Electronics Use found that at any given daytime moment, 660,000 drivers, or 9 percent, operate a vehicle while using an electronic device. In 2014, 3,179 fatalities and 431,000 injuries happened nationwide that involved distracted driving, according to the site.
Police Chief Charles Ferry of the New Castle Police Department in Chappaqua is a proponent of the textalyzer bill. He says these numbers are underreported. “It’s very hard for officers to identify if a cellphone is a contributing factor in a crash,” says Ferry. Collecting better data is one reason he supports the legislation.
The bill also aims to create increased police access to people’s phones. Jay Shapiro, a partner at White and Williams in New York City, says the current process for a district attorney to subpoena a phone company can take anywhere from two to 30 days. He calls this “not practical,” because not enough time exists to legally track down each driver’s phone from every car crash. If textalyzing became law, then there would be no need for a warrant to collect metadata at the scene. However, police and prosecutors still would need a warrant if they sought the phone’s content, barring exigent circumstances.
Currently, Lieberman and others have spoken with technology companies such as Cellebrite about creation of this tool. According to Lieberman, the Israel-based company says it can build the tool. The company already sells a mobile device that allows law enforcement to collect information from a phone. However, Cellebrite, like any interested company, would have to bid for the contract should the bill become law. The company did not return a request for comment.


While the bill’s proponents see this as a way to bring awareness to distracted driving, privacy advocates take a different view.
“Our position is that the technology in question should always require a warrant,” says Erika Lorshbough, legislative counsel at the New York Civil Liberties Union. Requiring a warrant, she says, is to protect the “sacred” and immense data housed on cellphones.
In 2014, the U.S. Supreme Court affirmed heightened Fourth Amendment protections for cellphones in its unanimous decision in Riley v. California. The court held that police are required to obtain a warrant when searching a cellphone, unless exigent circumstances exist.
Lorshbough says two exigencies exist in a DUI case that are not reflected in a distracted-driving crash. The first is that the body will metabolize the alcohol. If a field sobriety test is not done, the evidence will disappear. Second, there is a public safety interest in not letting drivers back into their cars if they are intoxicated.
Referring to Riley’s application to the textalyzer bill, Shapiro says that the bill “only has to do with use; Riley doesn’t talk about use,” as opposed to searching a phone’s content. He goes further to say “a lesser expectation of privacy in a vehicle” exists, and this lowered standard should apply to the textalyzer’s application.
The dichotomy Shapiro draws between content and use is part of a larger debate about whether metadata deserves the same protections as does the content of our communications.
“There’s no explicit content in metadata, but metadata can be used to infer features of someone’s life,” says Patrick Mutchler, a PhD candidate in computer science at Stanford University and co-author of a new study that shows how telephone metadata can make sensitive presumptions about an individual.
Armed with an outgoing phone number and call duration, coupled with a search of online databases such as Yelp, the study was able to correctly infer whether someone owned an AR semiautomatic weapon or had a chronic health condition. The study concludes: “Our results lend strong support to the view that telephone metadata is extraordinarily sensitive, especially when paired with a broad array of readily available information.”
“A lot of people don’t care about their metadata, and that’s so troubling,” says Todd Carpenter, executive director of the National Information Standards Organization in Baltimore. Metadata, he says, “is astoundingly robust.”
To this end, Lieberman says the bill tries to balance “public safety versus privacy.” The bill itself has no stated data retention or data use standards. If the bill became law, the New York Department of Transportation and other agencies would create rules and regulations as necessary.
The New York Assembly’s general session wrapped up in June without passage of the bill. However, this first-of-its-kind legislation has drawn worldwide attention. According to Lieberman and Democratic assembly member Felix Ortiz, the bill’s sponsor in the Assembly, advocates and politicians from Brazil, Florida, Germany, Israel and Paris have reached out to discuss similar proposals.
Vijay Dixit of Eden Prairie, Minnesota, lost his daughter to a distracted driver in 2007. Since then, he retired early from business management consulting work to advocate for stricter rules regarding distracted driving. Regarding the New York legislation, “it’s a no-brainer,” says Dixit. He has started to circulate copies of the legislation among Minnesota’s legislators and expects that a version will be taken up next year in St. Paul.
As for the future of the New York bill, Ortiz says they are not done fighting. Anticipating a special session later this year, he says they will keep on the pressure to pass the bill to “bring self-awareness … to drivers” and “make them more responsible.”
This article originally appeared in the October 2016 issue of the ABA Journal with this headline: “Checking Texting: New York considers ‘textalyzer’ bill that allows police to learn whether drivers in crashes were texting behind the wheel.”

The Brief: Rick Perry Voted Off "Dancing With The Stars"

by Alex Samuels | Sept. 28, 2016
Former Gov. Rick Perry with Emma Slater, his Dancing with The Stars partner.

The Big Conversation 

Former Gov. Rick Perry got booted duringTuesday night’s elimination round on “Dancing With The Stars,” making him the second contestant to go home.
Perry’s loss came at the hands of the ‘90s hip hop artist, Vanilla Ice. Both men received the lowest scores on Monday night — a 23 out of 40 — which pitted them against each other ahead of Tuesday’s elimination round.
As the Tribune’s Abby Livingston reports, the former governor was upbeat despite the night’s outcome. After hearing news of his early departure from the show, Perry said, "My daughter is getting married on the 15th of October, and I can promise you I will look good on the dance floor for her.”
Perry made it clear from the beginning of the season that he was one of the least dance-savvy contestants on the show. In an interview with the Tribune in late August, he admitted to having two left feet, but said he was joining the show to learn to dance for his daughter’s wedding and to promote veteran’s issues.


Gun In Charlotte Shooting Reportedly Was Stolen and Scott Had A Violent History

by jonathanturley
gun-use_20160924224445060_6155669_ver1-0_1280_720The controversy over the death of Keith Lamont Scott continues to get more complicated. While the family insisted that Scott was unarmed, that now appears false. Not only was a gun found at the scene but it reportedly had his DNA and fingerprints on it. Now, reports now indicate that Scott's gun was stolen and bought illegally from the thief. In the meantime, however, protesters are now calling for the resignation of the mayor and the police chief in Charlotte.


Advocates Help Workers Win Pay Wage Benefits . . . China Then Sentences The Advocates For Criminal Conduct

by jonathanturley
unknownChina is a land of gross contradictions and crippling ironies from its "Red Aristocracy" to its billionaire communists to its luxury lifestyles for party members. However, perhaps the greatest irony is how the "Worker's Paradise" regularly arrests those who advocate workers rights. The latest such case involves Zeng Feiyang, director of the labor rights group the Panyu Workers’ Center and his colleagues Tang Huanxing and Zhu Xiaomei. Their crime was tied to their successful advocacy for better worker wages and benefits. After the workers were given the benefits, the government arrested the three advocates.


220px-Factory_in_China240px-The_Earth_seen_from_Apollo_17The World Health Organization has released the latest global report on air pollution and it is highly disturbing. Nine out of 10 people worldwide now live in places where air pollution exceeds health standards and face higher risk of heart disease, strokes and cancer.



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