Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘court’

All Trumped Up Over The FISA Court

Posted by Warm Southern Breeze on Monday, March 6, 2017

Imagine, or pretend for a moment that you were President of the United States.

You would be literally be “the boss of” and have access to a vast trove of over 14 different American Intelligence & National Security agencies.

If so desired, you could watch video of the raid on Osama bin Laden’s compound in Abbottabad, Pakistan, see photographs of his corpse and burial at sea, and examine the report made of his DNA following his death and capture. By virtue of the Office of the President, there would be virtually nothing to which you would not entitled to know, or view in the agencies of the United States government. You would be able to see the code-named TOP SECRETS of our government. You would have full and unfettered access to the highest levels of secret information… including Nuclear Access Codes.

The Departments of Defense, Homeland Security, Energy, State, and Justice, along with all their myriad divisions and offices – ALL Executive level agencies – which includes the FBI, US Marshals Service, Secret Service, DEA, ATF, Coast Guard, and more – would ALL be under your ultimate control, and you would be their Boss.

The CIA is an independent agency.

Because the FBI and the NSA are Executive level offices/agencies, it is NOT a stretch to imagine that the President ~COULD~ Read the rest of this entry »

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“Too Big To Fail” Banks Get Bailout, Gave Customers The Shaft

Posted by Warm Southern Breeze on Monday, December 19, 2016

Chalk One Up for the Working Man

By Donald V. Watkins
©Copyrighted and Published (via Facebook) on December 18, 2016
Used with permission

On Thursday, I tried a case for a close friend on mine in the Jefferson County, Alabama District Court in Bessemer, Alabama. My friend is a hard working Bessemer resident and family man whose world was turned upside down when Citibank sold his credit card account to San Diego-based junk debt buyer, Midland Funding, LLC. He is one of millions of bank credit card customers each year whose accounts are bundled in loan pools and then sold to junk debt buyers without the customer’s knowledge.

Midland Funding is one of several mega junk debt buyers in America. This group of financial sharks buys unsecured bank debt for pennies on a dollar and then strong arms debtors who miss one or more of their monthly payments. Midland is part of a multi-billion industry of shady financial predators.

In my friend’s case, Citibank sold his account to Midland Funding. The balance on the account was $6,800. My friend paid his credit card monthly on a regular basis, but had an unexpected hiccup in his monthly cash flow a couple of years after he opened the account. As a result he failed to make a couple of his payments on time. When this occurred Citibank sold my friend’s account to Midland, and Midland eventually sued my friend. This is how my friend became my client.

Remember, Citibank had a similar hiccup during the Great Recession of 2008. The bank requested and received a total of $181.6 billion in federal bailout assistance to keep from collapsing. In fact, Citibank led the banking industry’s “welfare queens” by receiving more financial bailout assistance than any big bank in the U.S.

Citibank’s “Thank You” to the taxpayers like my client, whose tax dollars made the financial bailout possible for these big banks, was the low-down act of selling his credit card account to a shark like Midland Funding. The big banks were quick to take taxpayer-sponsored financial assistance, but slow to give taxpayers similar financial assistance in return.

[Editor’s Note: Alamerica Bank, which is Read the rest of this entry »

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A Better Argument For Alabama #ALpolitics To Legalize, Regulate & Tax Marijuana

Posted by Warm Southern Breeze on Saturday, February 27, 2016

Recently, on February 23, 2016, AL.com published an OpEd entitled “Would legalizing cannabis solve Alabama’s budget problems?” written by Reggie C. Pulliam, whom was identified as “a resident of Gulf Shores who has worked on public policy and criminal justice reform in Washington, D.C.”

I found his Op-Ed unconvincing because it’s poorly written.

The Colorado Department of Revenue reported that for December 2015 (State of Colorado Marijuana Taxes, Licenses, and Fees Transfers and Distribution December 2015 Sales Reported in January 2016), Total All Marijuana Taxes, Licenses, and Fees was $13,247,434.

The year-to-date increase was $4,689,293.

Based upon the December figure, on an annualized basis, that’s $158,969,208… which is not exactly chump change.
(See “Alabama Senate Approves Shifting $100 Million Away From Schools” published September 15, 2015.)

Linked here is the Colorado Department of Revenue’s Colorado Marijuana Tax Data.

Figuring into the state cost : benefit analysis & calculations also is a decrease in costs associated with Read the rest of this entry »

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Here’s Why People Should Be Like Dogs

Posted by Warm Southern Breeze on Saturday, June 27, 2015

My puppy loves me.

I love my puppy.

I don’t want to marry my puppy.

My puppy is spayed.

My puppy could probably care less about mating.

I feed my puppy quite well.

My puppy loves me.

My puppy walks alongside me off lead.

I don’t want to marry my puppy.

No one in Alabama has EVER been forced to marry anyone.

Anyone who says otherwise is Read the rest of this entry »

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History Looks Forward: SCOTUS Chief Justice John G. Roberts Appointment No Accident

Posted by Warm Southern Breeze on Thursday, January 15, 2015

It wasn’t by accident that George W. Bush nominated John Roberts as SCOTUS Chief Justice, because he’s the SECOND YOUNGEST of ALL the Justices (Elena Kagan b.4/28/1960 is younger than John Roberts b.1/27/1955 by 5 years, 3 months, 3 days), and his influence could be felt for perhaps 40+ years. At his appointment, John G. Roberts was aged 48 years, only 4 years older than the First Chief Justice, John Jay (served 1789-1795), who was aged 44 years when he took the oath of office.

FYI, the youngest Associate Justice was Joseph Story (served 1811-1845), who was aged 32 years when he took the oath of office.

The longest serving Associate Justice was William O. Douglas who served 36 years, 7 months, and 8 days from 1939 to 1975.

The longest serving Chief Justice was Chief Justice John Marshall who served 34 years, 5 months and 11 days from 1801 to 1835.

The average number of years that Justices have served is 16.

However… the average tenure of a Supreme Court Justice from 1789 through 1970 was 14.9 years.

For those Justices who have Read the rest of this entry »

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The New Radicals: Republicans and their Activist Supreme Court

Posted by Warm Southern Breeze on Sunday, September 23, 2012

“The signature of the Roberts Court has been its willingness, even its eagerness, to overturn the work of legislatures. Brandishing a novel interpretation of the Second Amendment, the Court has either struck down or raised questions about virtually every state and local gun-control law in the nation. In Citizens United v. Federal Election Commission, decided earlier this year, the Court gutted the McCain-Feingold campaign-finance law in service of a legal theory that contradicts about a century of law at the Court.”

Precedent and Prologue

Comment
by Jeffrey Toobin, December 6, 2010

New Yorker _talkcmmntillus_p233

Bush v Gore was the beginning of Republicans’ use of Judicial Activism

Momentous Supreme Court cases tend to move quickly into the slipstream of the Court’s history. In the first ten years after Brown v. Board of Education, the 1954 decision that ended the doctrine of separate but equal in public education, the Justices cited the case more than twenty-five times. In the ten years after Roe v. Wade, the abortion-rights decision of 1973, there were more than sixty-five references to that landmark. This month marks ten years since the Court, by a vote of five-to-four, terminated the election of 2000 and delivered the Presidency to George W. Bush. Over that decade, the Justices have provided a verdict of sorts on Bush v. Gore by the number of times they have cited it: zero.

Both sides had their reasons for consigning the decision to history and leaving it there. In his concession speech on the day after the decision, Al Gore said simply, “It’s time for me to go.” He meant it, and he left politics for a life of entrepreneurship and good works. George W. Bush, for his part, found little reason to dwell on the controversial nature of his ascension to office, and in his memoir, “Decision Points,” he devotes less than a page to the Supreme Court decision. (“My first response was relief,” he writes of his reaction.) In public appearances, Antonin Scalia, a member of the majority in Bush v. Gore, regularly offers this message to people who question him about the decision: “Get over it!”

Even at the time, Bush v. Gore was treated as a kind of novelty item, a one-off decision that applied only to the peculiar facts then before the Justices. The majority itself seemed to want it that way. In the most famous sentence from the decision, the Justices wrote, “Our consideration is limited to the present circumstances, for the problem of equal protection in election processes generally presents many complexities.” (Unlike most weighty decisions, Bush v. Gore had no single author and was delineated “per curiam,” or by the Court, a designation the Justices usually reserve for minor cases.) In light of all these admonitions to leave the case be, might getting over it be the best advice?

Actually, no. To return briefly to the distant world of chads, hanging and otherwise, it’s worth recalling what Bush v. Gore was about. The pervasive uncertainty about the results of the election in Florida—at the time, Bush led by five hundred and thirty-seven votes out of nearly six million cast—prompted the Florida courts, interpreting Florida election law, to order a statewide recount of all undervotes and overvotes; that is, ballots that indicated no Presidential preference or more than one. (Chads were the tiny paper rectangles that voters were supposed to push through punch-card ballots.) That recount had already begun on Saturday, December 9th, when five Justices—Scalia, William H. Rehnquist, Sandra Day O’Connor, Anthony M. Kennedy, and Clarence Thomas—issued a stay, barring the Florida authorities from continuing their labors. Three days later, the same five issued the per-curiam decision that stopped the recount once and for all.

What made the decision in Bush v. Gore so startling was that it was the work of Justices who were considered, to greater or lesser extents, judicial conservatives. On many occasions, these Justices had said Read the rest of this entry »

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When Healers Harm – Alabama Hospital Wars: Huntsville Hospital v Crestwood Medical Center

Posted by Warm Southern Breeze on Wednesday, July 11, 2012

Why, why, WHY!?!

There’s nothing better to do with precious financial resources – especially in tough economic times?

Pay lawyers instead of using that same money to care for and treat patients, improve outcomes, and increase patient & staff satisfaction?

And what does that say about your concern for patients? Yeah… that’s right – you love wasting money on a court fight rather than using that money to heal people.

This problem exists precisely because of a Certificate of Need law in Alabama that specifically prohibits anyone from thinking about building, expanding or creating a healthcare treatment facility without first going to court.

I will say this, however – even with the CON law & board in place, there is no requirement for hospitals to sue each other over the matter. And yet, they do.

It’s time to eliminate the CON law and CON Board in Alabama.

Crestwood Hospital wins legal fight with Huntsville Hospital

Read the rest of this entry »

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Does Ann Romney have horse problems? Super Hit, her old dressage horse wonders. So do we.

Posted by Warm Southern Breeze on Thursday, June 28, 2012

Ann Romney on Super Hit _6ACRES5-0415_cTerriMiller

Ann Romney with her horse, Super Hit, in a 2006 photo. (Terri Miller/Handout)

Super Hit.

Who or what’s that?

Oh… just another dressage horse the Romney’s once owned – and tried to sell.

Selling horses is not illegal, immoral, or unethical.

However, to attempt to sell a horse that is so doped up in an effort to masquerade, conceal or hide a defective, sick, injured or wounded condition… well, now, that’s a horse of a different color.

Ann Romney was named as a defendant in such a case.

Here’s what Dr. Stephen Soule, DVM – an expert in equine podiatry – said of the horse Mrs. Romney was trying to sell:

“In my 38 years of practice, I have never come across a drug screen such as this where the horse has been administered so many different medications at the same time.”

This was not some long-ago issue, for the complaint was filed February 10, 2010 in California Superior Court, Ventura County, is case number 56-2010-00372707-CU-FR-SIM, and was set for trial September 12, 2011.

Here’s the nut of the case:

In 2010, a San Diego woman – Catherine Norris – sued Mrs. Romney, dressage trainer Jan Ebeling and his wife Amy for fraud, claiming that the severity of a foot defect in Super Hit, a dressage horse she purchased from Mrs. Romney for $125,000, was concealed.

The expert equine veterinarian, Dr. Stephen Soule, stated in the record that, “In my professional opinion, based on 38 years of experience in equine veterinary medicine and in conducting nearly 2000 pre-purchase examinations during this time, the HA-VETALOG injections to the left front coffin joint coupled with Super Hit’s inconsistent show record, decline in test scores, consistency in the remarks of different show judges on score sheets that Super Hit was “tense,” had “tension” and “tight” and “stiff,” and the fact that he was not shown for nearly 2½ years prior to the sale in February 2008, Super Hit was more likely than not chronically lame prior to Catherine Norris’ purchase in February 2008.”

A pre-purchase drug screen/toxicology study performed February 13, 2008 by Center for Tox Services, Inc. – an Arizona lab – on 6 blood collection tubes drawn from the horse Super Hit found Butorphanol (a synthetic opioid pain killer), Detomadine (a α2-adrenergic agonist, used as a sedative in horses), romifidine (another sedative mainly used on large animals such as horses), and xylazine (a medication used in horses for sedation, anesthesia, muscle relaxation, and pain relief) in the horse’s system.

Also named in the suit was Dr. Doug Herthen, DVM, the veterinarian who treated Super Hit, and who purposely failed to disclose the nature of his relationship with Ann Romney and Super Hit to the purchaser, Mrs. Norris. In his testimony, Dr. Soule wrote that, “The professional ethics standard in veterinary medicine is to disclose any implied, apparent, or actual conflicts of interest before agreeing to conduct the pre-purchase examination. In other words, there is no such thing as dual representation without disclosure. In my professional opinion, the failure of Doug Herthel to disclose to Catherine Norris his existing and/or prior professional relationship with the defendants Amy and Jan Eberling, prior to the pre-purchase examination, was a breach of his professional duties and ethics.”

For very nearly a decade, Mrs. Romney has held a financial and ownership stake in The Acres, a horse training ranch about 45 miles northwest of Los Angeles, which is also owned by Jan & Amy Eberling. Mr. Eberling is a dressage trainer from Germany. With the Romneys, the Eberlings own Rob Rom Enterprises LLC, a foreign corporation registered in Delaware, which buys and trains dressage horses.

Lifestyles of the Rich and Famous is nothing new for the Romneys, because in a 1994 interview with the Boston Globe while Mitt was campaigning for Massachusetts governor, Ann described their years as “struggling students,” saying that “neither one of us had a job, because Mitt had enough of an investment from stock [from his father] that we could sell off a little at a time.

Yeah. That’s gotta’ be a struggle.

Of course, it goes without saying – but here it is, anyway – that, in an interview with Neal Cavuto of Fox News in March 2012, Ann Romney said, “I don’t even consider myself wealthy, which is an interesting thing.” Many people would probably find that interesting, too – particularly given that Mitt’s estimated wealth is in excess of $250 Million. Perhaps $100,000 horses are but chump change to that crowd.

The New York Times covered the issue with the following story, which also mentions the $77,000 tax deduction the Romneys took in 2010 for Rafalca, another of the Romneys’ expensive dressage horses.

Other newspapers covering the story included the Los Angeles Times, and the Washington Post. Because of the location of the case Read the rest of this entry »

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Tilting with the wind? Is the SCOTUS driving America back to Jim Crow?

Posted by Warm Southern Breeze on Thursday, May 24, 2012

As I’ve said before, some folks often say they want to “take America back.”

Problem is, they never tell you how far back they wanna’ go.

Before Civil Rights?

Before Suffrage?

While you may not be a religious person, there is a lesson in the Scripture that addresses “going back” – and we all know we CAN’T go back, it’s impossible.

The book of Ecclesiastes, chapter 7, verse 10 says, “Don’t ask, “Why were things better in the old days than they are now?” It isn’t wisdom that leads you to ask this!” (GWT)

We can’t go back in our childhood, we cant’ go back to yesterday, yesteryear or back in time in any way. We all move forward. We are meant for FORWARD travel. It should seem obvious from even natural observation.

That’s why we have eyes in the FRONT of our face, rather than in the rear.

Retired federal judge blasts direction of U.S. Supreme Court

Published: Sunday, May 20, 2012, 5:45 PM
Updated: Monday, May 21, 2012, 7:05 AM
By Thomas Spencer — The Birmingham News

BIRMINGHAM, Alabama — Once a guardian of civil rights, the U.S. Supreme Court has been rolling back those protections, said retired U.S. District Judge U.W. Clemon this evening, delivering the keynote address at the 2012 Law Enforcement and Civil Rights Conference presented by the Federal Bureau of Investigation and the Birmingham Civil Rights Institute.

Clemon, who in 1980 became the first black federal judge in Alabama, said since the 1986 appointment of William Rehnquist as chief justice, Supreme Court rulings have gutted the core of landmark decisions such as Brown v. the Board of Education, the landmark ruling that declared school segregation to be illegal. The Voting Rights Act, Clemon said, “has almost been interpreted out of existence.

“With the rise of the Rehnquist court, our wall against the flood became the flood itself. We have seen, in the past quarter century, civil rights on the scaffold.”

The conference, Read the rest of this entry »

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What’s the Buzz about?

Posted by Warm Southern Breeze on Friday, November 5, 2010

Google rarely contacts Gmail users via email, but we are making an exception to let you know that we’ve reached a settlement in a lawsuit regarding Google Buzz (http://buzz.google.com), a service we launched within Gmail in February of this year.

Shortly after its launch, we heard from a number of people who were concerned about privacy. In addition, we were sued by a group of Buzz users and recently reached a settlement in this case.

The settlement acknowledges that we …Continue…

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“Why do you want to work for Huntsville Hospital?” A Lesson in (dis)honesty.

Posted by Warm Southern Breeze on Wednesday, June 16, 2010

Honesty… is it ALWAYS the best policy?

Recently, I’ve found that some search engine terms which have led to this blog include this question “Why do you want to work at Huntsville Hospital“?

In Huntsville, Alabama – where I resided for many years – there are ONLY TWO hospitals in town.

One, Huntsville Hospital, is a public not-for-profit, and the other, a much smaller Crestwood Medical Center, is a private, for-profit hospital.

Many of the professors and instructors at the Nursing School from which I graduated have privately expressed their frustrations to their students, and to me, about Huntsville Hospital’s virtual monopoly on the hospital-based healthcare delivery in Huntsville, AL.

Part of that problem stems in large part from Read the rest of this entry »

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A Short History of “Privacy” in American Jurisprudence

Posted by Warm Southern Breeze on Monday, May 3, 2010

[Note: This entry was originally entitled “Privacy,” and was transferred to this site, having previously been posted by me on Monday, May 3, 2010 at 2:57pm.]

“Privacy” is a relatively new term in American jurisprudence, and public dialogue. Former US Supreme Court Justice Hugo Black, an AL native, wrote against “privacy” in his dissent in Griswold v Connecticut.

The development of our right to privacy emerged, interestingly enough, from Griswold v Connecticut, a 1965 Supreme Court Case which challenged the state’s 1879 criminalizing of a married couple’s use of contraceptive devices. Appellants were the Read the rest of this entry »

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UAHKiller “I’m Dr. Amy Bishop!”: She ain’t crazy; she’s just a mean ol’ bitch

Posted by Warm Southern Breeze on Wednesday, March 24, 2010

A preliminary hearing was held yesterday in Madison County, AL Circuit Court for UAHKiller Amy Bishop.

It only took Madison County District Attorney Rob Broussard 25 minutes …Continue to her execution…

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Wachovia Bank Guilty of Mexican Drug Money Laundering

Posted by Warm Southern Breeze on Thursday, March 18, 2010

For a root of all the evils is the love of money, which certain longing for did go astray from the faith, and themselves did pierce through with many sorrows.” 1 Timothy 6:10 (YLT)

Wachovia Bank officials in Miami plead guilty to federal drug money laundering charges in Miami. As part of their agreement, the bank will forfeit $110,000,000 ($110 Million) and be fined $50,000,000 ($50 Million).

Federal prosecutors with the U.S. Attorney General’s Office, and Drug Enforcement Administration officials found detailed evidence supporting …Continue…

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Screw You and Your Family Too! -OR- The Battle of Wall Street: BIG BUSINESS v everybody else

Posted by Warm Southern Breeze on Tuesday, March 16, 2010

When you sell a thing, you no longer own it.

Right?

Not so in the make-believe world of Wall Street!

In the make-believe world of Wall Street, when you sell a thing, you STILL own it!

Huh?

Well, Lehman Brothers “sold” $50 BILLION of their assets, but kept possession of them, and made it appear as if they no longer owned them. Normal folks would consider that fraud, or theft. So does a U.S. Federal Bankruptcy Examiner.

Financial regulators in the United Kingdom are investigating bankrupt American Lehman Brothers for hiding more than $50,000,000,000 ($50 BILLION) in their accounts, through criminal transactions nick-named “repo transactions.”

What could you do with an extra $200 or so? …Continue…

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We promised to pay your retirement pension, but now, we won’t. Sosumi… you bastards!

Posted by Warm Southern Breeze on Thursday, March 11, 2010

For those “in the know,” “Sosumi” is the name of a computer sound which Apple Computer of Cupertino, CA created and has used for quite some time.

I love Apple Computer, well, not genuinely “love,” but have always believed them to be the best – bar none – computer operating system, superior in every way to Microsoft’s Windows OS. Folks used to say, “Oh, the Mac is good for graphics,” and other such nonsense, even when the Mac OS was in v7.x.

Today, I ask folks, “What’s the Internet all about?” Graphics, graphics, graphics, and media, media, media.

And still, some folks continue to use the infection-prone Windows. Oh well. Some folks never learn.

On to Sosumi.

If you’ve ever heard of the “Beatles,” (and who hasn’t?) you should be aware that …Continue…

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