Category Archives: Law

NDAA does not protect US citizens from detention without due process –Barbara Stratton

Received today on What about NDAA? Questions for Austin Scott in Tift County. -jsq

I did not stay for the luncheon with Austin Scott because I’ve had conversations with him already. The question in this video on NDAA does need to be addressed. Every legislator who voted for the bill that included sections 1021 & 1022 needs to either encourage legislation to repeal or correct these sections or be replaced.

However the Ron Paul supporters do not have a corner on dissatisfation with NDAA. Ron Paul has stated that he will fix everything wrong with the country. I would be more trusting of his statements if they allowed that he will have to work with Congress to fix problems instead of inferring he can totally accomplish change on his own. Gary Johnson is running on the Libertarian platform also. Neither of them can win the GOP nomination without upstaging the delegate voting process and both are running on almost identical platforms. Are they both going to vie for the GOP spot over Romney or will one or both pull off to run as a third party candidate?

Back to the NDAA question—KrisAnne Hall is a constitutional lawyer who has detailed sections 1021 and 1022 and verified the same conclusion I did when I asked Saxby Chambliss why he voted for the bill back in December. It does not protect US citizens from detention without due process and she details why. She will be speaking at the Valdosta Tea Party meeting Thursday night, April 26, 7:00 at the Holiday Inn on Hwy 84. Hopefully she will also have updates on what is being done to correct this injustice. We do need to let our senators and representatives know we are expecting an amendment to correct this travesty against us or we will fight to see they are defeated for their crimes against the Constitution.

-Barbara Stratton

Hey, I’m a Democrat, and I’ve been opposed to NDAA, FISAA, for many years now. -jsq

Prisoners as cheap labor

Quite likely you thought massive prison populations used as cheap labor were some sort of medieval tradition. Nope. Here’s an article that debunks that misconception and informs you about many other things I (and perhaps you) didn’t know about prisoners as cheap labor.

Locking Down an American Workforce Steve Fraser and Joshua B. Freeman wrote for TomDispatch 19 April 2012, Prison Labor as the Past — and Future — of American “Free-Market” Capitalism,

Penal servitude now strikes us as a barbaric throwback to some long-lost moment that preceded the industrial revolution, but in that we’re wrong. From its first appearance in this country, it has been associated with modern capitalist industry and large-scale agriculture.

So where and when did it come from?

As it happens, penal servitude — the leasing out of prisoners to private enterprise, either within prison walls or in outside workshops, factories, and fields — was originally known as a “Yankee invention.”

First used at Auburn prison in New York State in the 1820s, the system spread widely and quickly throughout the North, the Midwest, and later the West. It developed alongside state-run prison workshops that produced goods for the public sector and sometimes the open market.

A few Southern states also used it. Prisoners there, as elsewhere, however, were mainly white men, since slave masters, with a free hand to deal with the “infractions” of their chattel, had little need for prison. The Thirteenth Amendment abolishing slavery would, in fact, make an exception for penal servitude precisely because it had become the dominant form of punishment throughout the free states.

In case you’ve never read it or have forgotten, here is the Thirteenth Amendment (emphasis added):

Section 1. Neither slavery nor involuntary servitude, except as a punishment for crime whereof the party shall have been duly convicted, shall exist within the United States, or any place subject to their jurisdiction.

Section 2. Congress shall have power to enforce this article by appropriate legislation.

Got a population you don’t like? Continue reading →

Let’s Be Blunt: It’s Time to End the Drug War

Don’t believe Latin American presidents (former and current) or a global commission including captains of industry or historic statesmen such as Jimmy Carter or major newspapers or Judge Napolitano or law enforcement professionals like Frank Serpico? Ask an economist who spells it out: the War on Drugs is an economic, public safety, and civil rights disaster, and legalization is needed right now.

Economist Art Carden wrote for Forbes yesterday, Let’s Be Blunt: It’s Time to End the Drug War,

April 20 is the counter-culture “holiday” on which lots and lots of people come together to advocate marijuana legalization (or just get high). Should drugs—especially marijuana—be legal? The answer is “yes.” Immediately. Without hesitation. Do not pass Go. Do not collect $200 seized in a civil asset forfeiture. The war on drugs has been a dismal failure. It’s high time to end prohibition. Even if you aren’t willing to go whole-hog and legalize all drugs, at the very least we should legalize marijuana.

OK, why?

Continue reading →

Dr. Sidney Smith speaks about solar tonight in Savannah

Received Tuesday. -jsq

Savannah, Ga.— The Coastal Group Sierra Club is sponsoring a presentation by Dr. Sydney Smith, owner of a solar farm in Bulloch County and co-founder of Lower Rates for Customers, which is currently providing solar power to a business in Savannah and looking to expand, selling its solar power below Georgia Power’s rates.

Although Georgia’s solar potential is enormous, Georgia is one of four states that does not allow energy to be purchased from private suppliers. Learn how Smith is challenging the law and Georgia Power to pave the way for lower rates and green energy.

The presentation begins at 7 p.m., Thursday, April 19 at the First Presbyterian Church, 520 Washington Ave., in Savannah.

LOST again in Hahira 9AM 2 May 2012

The local cities want more LOST money from the county. Imagine if they and the county spent this much effort bringing in new industry such as solar to increase the pie!

David Rodock wrote for the VDT 17 April 2012, County’s LOST proposal declined: Cities want more money; negotiations to begin in May. Well, that about sums it up. Looks like this is going to end up in another round of litigation after a lot of talking past each other.

So there will be LOST again, this time in Hahira, 9AM 2 May 2012 at the Hahira Community Center, 215 Randall Street.

They could spend their time talking together more productively.

-jsq

We’re just ripe for solar power –Cobb EMC

We already saw that private investment is funding a 100 acre 10 MW solar farm with Cobb EMC as a customer. What does that mean for Cobb EMC’s direction? How big is Cobb EMC, anyway? And what does all this mean for Georgia Power, and for solar power in Georgia and all the jobs it can produce? What does it mean for everyone running for the Georgia legislature?

Chip Nelson, CEO of Cobb EMCKristi E. Swartz wrote for the AJC 16 April 2012, Solar project could be a catalyst for more if policies allow it,

“I always thought solar power was something further out for Georgia. We just weren’t in the right time,” said Chip Nelson, chief executive officer of Cobb EMC. “The way things have been moving in the utility industry, particularly the last two or three years, I find that we’re just ripe for it.”

Ripe indeed! Coal is dead. Nuclear is going down. 30 MW solar farm near Austin Solar will eat the lunch of utilities that don’t start generating it. It’s time for utilities to get out in front and generate their own solar power. Austin Energy continues to show the way in Texas with a 30 MW solar farm. Now Cobb EMC can do the same for Georgia.

Nelson isn’t some fresh outsider: he’s a Cobb EMC lifer. According to Patty Rasmussen in Georgia Trend February 2012, Power Players: Taking Over At Cobb EMC,

Nelson worked for Cobb EMC for 37 years, most recently serving as chief operations officer. He stepped in as interim CEO in February 2010 and decided to apply for the full-time position.

And Cobb EMC is not small. According to Kim Isaza in MDJonline.com 20 July 2011 New Cobb EMC chief Nelson ready to ‘turn page’ on past costly litigation, divisiveness,

Continue reading →

Videos of Rally for HOPE @ LCDP 2012 03 24

Rain kept the numbers down, but the enthusiasm was strong in Lakeland at the Rally for HOPE, 24 March 2012.

The announcement said:

This will be a Rally for the Hope Scholarship and a Voter Registration. Everyone concerned about HOPE is invited. We will have guest speakers and will hear from those students and families affected by the current status of HOPE.

The featured speaker was Janice Barrocas of HOPE for Georgia, which is running a three year nonpartisan campaign to save HOPE scholarships.

Bikram Mohanty explained that there will be a shortfall of $270 million for the HOPE scholarships in 2012. Janice Barrocas pointed out there were really two HOPEs now: the other one being the Zell Miller scholarships. Bikram showed a map that illustrates that very few Zell Miller Scholarships go to south Georgia.

Janice Barrocas and Bikram Mohanty discussed that HOPE is funded by a lottery, and lottery funds are down in the recession. The blue line on the chart is deposits from the lottery into the HOPE program, the red line is expenditures, and the green line, dropping rapidly, is reserves at the end of the year.

Janice Barrocas noted that

The end users of this program were not at the table

when the recent HOPE changes were passed. Especially students mostly found out when they got stuck with bigger bills they had to pay. Students and their families may still be too polite to mention they have financial troubles, but it’s time to break the culture of silence when it’s a choice between the family eating or the student going to school. Betty Marini pointed out students loans add up to $1 trillion dollars, which is a huge drag on the economy.

Matt Flumerfelt observed that there is a push for divestiture and privatization these days, and he wondered if the silence around the quick passage of the recent HOPE changes wasn’t because it was a money grab for the lottery funds.

Tech school HOPE is grants, and most tech school students get them. If HOPE went away, the lottery would Continue reading →

Police Them and Us, made worse by War on Drugs

David Rittgers wrote for The Politico 8 June 2011, How Police Are Turning Military

The sheriff’s office in Pima County, Ariz., raided the home of former Marine and Iraq combat veteran Jose Guerena, shooting 71 rounds at Guerena and hitting him with 22. The department is now facing a serious controversy over Guerena’s death.

But the raid isn’t the real tragedy. It’s a symptom of the real tragedy: the militarization of U.S. law enforcement.

Pima County released a video of the raid and supporting documents. The video isn’t anything new — a squad of police officers dressed up for combat. But the statement of the SWAT supervisor is worth reading. After the SWAT team entered Guerena’s home, the supervisor left one or two “operators” with the body while the rest searched the house.

What did he mean by operator? Well, a police officer. But the term connotes something entirely different.

“Operator” is a term of art in the special operations community. Green Berets, SEALs and other special operations personnel often refer to themselves as operators. It’s a recognition of both the elite standards of their units and the hybrid nature of their duties — part soldier, part spy, part diplomat. But importing operator terminology into domestic law enforcement is not a benign turn of the phrase.

Perceiving yourself as an operator plasters over the difference between a law enforcement officer serving a warrant and a commando in a war zone. The former Mirandizes, the latter vaporizes, as the saying goes…. Targeted killing is legal in a war zone but not on the streets of Anytown, USA.

Why is this happening?

The war on drugs has done incalculable damage to the character of law enforcement by encouraging police officers to forget they are civilians.

The police should be us. The War on Drugs has turned them into them against us.

-jsq

USA #1 in youth detention

The U.S. locks up far more juveniles per capita than any other country, and our country and our state cannot afford that any longer: not economically, and not in the cost of incarceration turning children into criminals.

Pete Brook wrote for Wired 11 April 2012, Uncompromising Photos Expose Juvenile Detention in America,

States have turned away from punishing acts such as truancy and delinquency with detention; acts that are not criminal for an adult but have in the past siphoned youths into the court system. Less detention has been accompanied by less violent crime among youth.

“It may seem counter intuitive, but if you look at the types of offenses for which we’re no longer detaining youth, it is not,” says Sarah Jane Forman, assistant professor at the University of Detroit Mercy School of Law and director of the Youth Justice Clinic which provides legal counsel to indigent youth. “The kids who have committed serious violent crimes; they remain locked up.”

Not only is being locked up ineffective as a deterrent in youths who have not reached full cognitive development and don’t understand the consequences of their actions, it can actually make a criminal out of a potentially law-abiding kid.

The U.S. has far more juveniles per capita locked up than any other country, according to Cross-national comparison of youth justice, by Neal Hazel, 2008, www.yjb.gov.uk.

And Georgia has a large proportion of those locked-up youth. On this map of prisons in Georgia, Continue reading →

Mars and Arizona Public Service flee ALEC: 10 and counting

Mars makes Skittles. Suddenly it doesn’t want to be associated with ALEC, the American Legislative Exchange Council. Ditto electric utility Arizona Public Service (APS). That makes 10 if you count the Bill and Melinda Gates Foundation along with Pepsi, Coke, Kraft, Intuit, McDonald’s, Wendy’s, and Reed-Elsevier. Keep ’em goin’!

Rebekah Wilce wrote for PRWatch Thursday, Mars and Arizona Public Service Dump ALEC,

Mars had been an exhibitor at ALEC’s 2011 annual meeting in New Orleans. Mars is the maker of Skittles, the snack Trayvon Martin had purchased before he was shot by George Zimmerman, whose arrest was delayed due to an NRA-backed gun law that became an ALEC “model” bill.

APS had been a member of ALEC’s Energy, Environment and Agriculture Task Force, which adopted such “model” bills as the “State Withdrawal from Regional Climate Initiatives Act” and the “State Data Quality Act.” News of its breaking ties with ALEC comes on the heels of a new updated report on ALEC in Arizona published by People for the American Way, the Center for Media and Democracy (CMD), Common Cause, and ProgressNow.

There’s more about Mars saying it merely decided not to renew its ALEC membership, as part of a general review of memberships. Yeah, right.

Here’s another petition for companies to leave ALEC.

I’m still rooting for UPS, based in Atlanta, to escape ALEC.

-jsq