Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘judge’

How To Be Selfish During The COVID Pandemic

Posted by Warm Southern Breeze on Tuesday, November 24, 2020

Wear a mask.

Yes, it’s just that simple.

None of this “I ain’t gonna’ wear a mask and you can’t make me, ‘cuz this is ‘Murka and we have FREEDOM!” kind of malarkey.

No, that simply won’t do.

Look out for A-number-one – yourself.

It’s like saying, wear gloves when you go outside, because it’s -30º below zero Fahrenheit. Protect yourself. Gloves only protect the person wearing them.

You see, even though we do have liberties – as good ol’ Justice Samuel Alito – a Bush II-appointed Supreme Court Judge who has been on the court since a 58–42 vote of Senate approval on January 31, 2006 – we also have limits. But Justice Alito doesn’t think so, and, has said as much.

Most recently, Justice Alito addressed the Federalist Society’s 2020 Annual National Lawyers Convention – which, despite its name, opposes a strong federal government – and since their 1982 inception, have been bit-by-bit-piece-by-piece tearing down and destroying the Federal government under guise of promoting personal liberties and freedom.

It was the Supreme Jurists who gave We the People the nefariously infamous and disastrous rulings in:
Citizens United v Federal Election Commission – essentially ruling that money is free speech;
McCutchen v Federal Election Commission – essentially allowing unlimited money to be contributed to candidates/politicians, and;
Shelby County, Alabama v Holder – essentially gutting the Voting Rights act by removing sections 4(b) and 5, which were its “heart and lungs,” whereupon the decision, many states enacted restrictive voting laws.

There are others, of course, but those three are perhaps the most notorious during the oversight of Chief Justice John Roberts.

And that was all in the name of “originalism” and “textualism,” the preferred interpretive modality of The Federalist Society.

So, it should come as no surprise that Alito – a longtime member of the Federalist Society, who said “I have been a member for many years,” and by his own admission has attended every annual meeting for the past 14 years – would sacrifice the greater good upon the altar of “originalism” to the god of individual liberty.

Where in our nation is the sense of shared sacrifice for the greater, common good? That some obviously think that they simply MUST have “freedom” to do whatever they want, when they want, where they want, without regard for anyone else is anathema and contrary to the very idea of a “united” states – e pluribus unum – though many, one. And of course, now, we’re paying for it. For if you’re gonna’ dance, you gotta’ pay the piper. And we’re dancing like mad. But the greatest problem is, eventually, there’s nobody to dance with, and the piper gets sick and dies.

But hey… “You danced like hell, didn’t you!?!,” read no headstone ever.

Of course, the members would recite a quote often misattributed to Benjamin Franklin, though historical researchers tell us that the phrase was Read the rest of this entry »

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On Interpreting The Constitution

Posted by Warm Southern Breeze on Wednesday, October 21, 2020

Amy Coney Barrett before the United States Senate Committee on the Judiciary for her nomination to the United States Supreme Court

Much has been made in recent days about Judge Amy Coney Barrett, the President’s nominee to fill the vacancy on the United States Supreme Court created by the death of Justice Ruth Bader Ginsburg.

Barrett has her critics. I am one. But there are other criticisms, including of the rushed process, which I too, hold. Rushed things hardly ever have good results.

Republican Senate Majority Leader Mitch McConnell of Kentucky has indicated that the full Senate will most likely have a vote on Judge Barrett on Monday, 26 October 2020 – a mere 31 days since her nomination on 26 September 2020. In stark contrast, her initial nomination to the Federal judiciary took 5 months 24 days.

The Congressional Research Service (CRS) has published a paper entitled “Supreme Court Appointment Process: President’s Selection of a Nominee,” (R44235) first published on October 19, 2015, and updated periodically, and most recently on September 28, 2020, which answers some essentially basic questions about the nomination process, and provides background, and historical overview for the same. The “CRS serves as nonpartisan shared staff to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of Congress.”

Regarding Judge Barrett’s Judicial “style” which she and others call “textualism,” and or “originalism,” it seems to me to be a rather bizarre way to think of the document which forms the foundation of our government, which has endured since it was written and ratified in the late 1700’s. Doubtless, the Founders, and those alive then could not begin to conceive of plucking stardust from an asteroid (which NASA recently did) to analyze, communicating instantaneously with someone on the opposite side of the globe using video teleconferencing on a hand-held device, traveling faster than the speed of sound, splitting the atom, and using laser light to communicate, so why would we begin to imagine that we should adhere to some arbitrary, or even capricious standard to interpret what it means to, or for us, today?

Chicago Mayor Lori Lightfoot expressed it best in this brief story, why “originalism” and “textualism” are misguided rules.

CHICAGO (WBBM NEWSRADIO) — Mayor Lori Lightfoot said she is preparing for when Amy Coney Barrett takes her seat on the U.S. Supreme Court. She was asked to share her thoughts Tuesday on the judge and minced no words.

Mayor Lightfoot was first asked if she views the U.S. Constitution as Judge Barrett does, as an “originalist.”

Originalists firmly believe all statements in the U.S. Constitution must be strictly interpreted based on the original understanding at the time the Constitution was adopted. They do not believe in the concept of a “Living Constitution” that can be interpreted in the context of current times.

“You ask a gay, black woman if she is an originalist? No, ma’am, I am not,” Lightfoot laughed.

“That the Constitution didn’t consider me a person in any way, shape or form because I’m a woman, because I’m black, because I’m gay? I am not an originalist. I believe in the Constitution. I believe that it is a document that the founders intended to evolve and what they did was set the framework for how our country was going to be different from any other.”

“But originalists say that, ‘Let’s go back to 1776 and whatever was there in the original language, that’s it.’ That language excluded, now, over 50 percent of the country. So, no I’m not an originalist.”

Mayor Lightfoot said she’s deeply worried about some of Judge Barrett’s stated views, for instance, being against gay marriage.

“I deeply worry about this woman’s stated views. She’s on the record on a number of different things, not the least of which is thinking that gay marriage is something that shouldn’t be countenanced. And she’s got soulmates in Justice Thomas and others, who think that the decision by the Supreme Court…should somehow be rolled back,” Lightfoot said.

“What should I tell my daughter — that somehow now my wife and I are no longer married? That we’re no longer legitimately recognized in the eyes of the law? That is dangerous, dangerous territory. And what about a woman’s right to choose? We’re gonna keep re-litigating this issue, and we’re gonna make abortion illegal, as Amy Coney Barrett thinks it should be?”

The Mayor also called Republicans “hypocrites” for pushing the Barrett nomination when they put off taking up the Merrick Garland nomination by President Obama.

“The hypocrisy is something that is a bitter pill for me to swallow,” Lightfoot said.

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Judge Brett Kavanaugh: Liar On The Federal Bench

Posted by Warm Southern Breeze on Sunday, July 8, 2018

Judge Brett M. Kavanaugh (b.1965), United States Circuit Judge of the United States Court of Appeals for the District of Columbia Circuit.

Brett Kavanaugh, who has been said to be under consideration as a SCOTUS nominee to replace retiring Justice Anthony M. Kennedy, for whom he also clerked during the October Term 1993, presently has lifetime tenure as a Federal Circuit Court Judge on the U.S. Court of Appeals for the D.C. Circuit. In May 2006 when he last appeared before the Senate Judiciary Committee as a nominee for that position, he was asked Read the rest of this entry »

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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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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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#ALpolitics @GovernorBentley’s Forbidden Love – Part 4

Posted by Warm Southern Breeze on Sunday, September 13, 2015

Update: Saturday, 20 February 2021
NOTE: TO THE READER: As you read any story mentioning, involving or written by Donald V. Watkins, Sr., it must be borne in mind that he is now a Federal Convict, and along with his son, Donald V. Watkins, Jr., was found guilty of numerous charges. “Donald Watkins Sr. was convicted of seven counts of wire fraud, two counts of bank fraud and one count of conspiracy. Donald Watkins Jr. was convicted of one count of wire fraud and one count of conspiracy.” As of the date of this note, he is in Federal Custody at Oklahoma City Federal Transfer Center, an administrative security facility, having been relocated away from the minimum security Federal Prison Camp on Maxwell Air Force Base in Montgomery, Alabama.

DONALD V. WATKINS
Register Number: 36223-001
Age: 72
Race: Black
Sex: Male
Located at: Oklahoma City FTC
Release Date: 01/10/2024

Department of Justice, U.S. Attorney’s Office, Northern District of Alabama
FATHER AND SON SENTENCED TO PRISON IN MULTIMILLION-DOLLAR INVESTMENT FRAUD SCHEME
Tuesday, July 16, 2019
https://www.justice.gov/usao-ndal/pr/father-and-son-sentenced-prison-multimillion-dollar-investment-fraud-scheme

Here also is the SUPERSEDING INDICTMENT dated December 2018 entitled as:
IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ALABAMA SOUTHERN DIVISION, UNITED STATES OF AMERICA v. DONALD V. WATKINS, SR. and DONALD V. WATKINS, JR. – 2:18-cr-166-KOB-TMP
https://www.justice.gov/opa/press-release/file/1116081/download

See also: Donald Watkins, Son Sentenced For Federal Fraud Convictions
Updated Jul 16, 2019; Posted Jul 16, 2019
https://www.al.com/news/2019/07/donald-watkins-son-to-be-sentenced-for-federal-fraud-convictions.html

See also: Donald Watkins’ $1.5 Billion Question: Was It Ever Real?
Updated Feb 23, 2019; Posted Feb 23, 2019
https://www.al.com/news/2019/02/donald-watkins-15-billion-question-was-it-ever-real.html


Forbidden Love

Robert Bentley’s Secret Love Affair – Part 4

By Donald V. Watkins
©Copyrighted and Published (via Facebook) on September 13, 2015
Used with permission

State of the Union

The state of Alabama is flat broke.
The Legislature is in the midst of the Second Special Session
that was called to pass a
General Fund budget for 2015-2016,
having failed the task during both the
Regular Session
and the
First Special Session.

Alabama Speaker of the House Mike Hubbard, (R, 79, Lee County/Auburn) is indicted on 23 state Felony Ethics Violation charges, which he earlier championed and helped pass, though he now claims they're "unconstitutional."

Mugshot, Alabama Speaker of the House Mike Hubbard, (R, 79, Lee County-Auburn) is indicted on 23 state Felony Ethics Violation charges, changes to the law which he championed, and with the legislature, helped pass in 2010, though he now claims they’re “unconstitutional,” and “vague.”

Alabama has been named one of the most corrupt states in America by researchers at Harvard University.

Mike Hubbard, Alabama’s speaker of the house, is currently Read the rest of this entry »

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More Government Cheese Bhurger, sir? Welfare Cattle Ranching: Digging into the Cliven Bundy ordeal

Posted by Warm Southern Breeze on Friday, April 25, 2014

I’m not a funnyman like Jon Stewart of the Comedy Channel.
However, Stewart does a good job – indeed, an excellent job – of excoriating right-wing zealot Sean Hannity over his inconsistencies of argument in support of Cliven Bundy… the man who knows everything about the Negro.
In fact, Stewart does a damn fine job… in a manner that perfectly shines a light upon Mr. Hannity’s hypocrisy.

If you’d like to take a few minutes to be entertained and educated, here’s the URL for the episode in which Stewart skewers Hannity.
http://thedailyshow.cc.com/full-episodes/ig155d/april-21–2014—gina-mccarthy

And, if you’re kinda’ froggy, and like to get the facts (just the facts, ma’am… just the facts), here’s some research I performed for my benefit.
Yeah.
I’m selfish like that.
I didn’t do it for anyone else but me.

Enjoy!

***

At issue is Cliven Bundy’s claim to land use – not ownership.

The area in question is 150 square miles in the 500,000 acre Gold Butte area along the Virgin River in Nevada.

Bundy claims that his family “homesteaded” that land since 1877, and by virtue of that claim, unlimited right of use to the land belongs to him.

In essence, Bundy claims a right to graze the land where he has allowed his cattle to roam – and therefore, because his cattle have been there, he claims unlimited use of the land belongs to him, although he cannot produce any document demonstrating any essence or component of such claim, nor of ownership – such as a survey, easement, bill of sale, quitclaim deed, bills for taxes, or taxes paid.

For over 20 years, Bundy has allowed his cattle to graze on that tract of Federal land – land to which he has no ownership, deed or right of use – and since 1993 has ceased paying grazing fees, which, by his own admission, is in arrears at least $300,000.

Here’s a partial time line to the current date which highlights significant events in the ordeal.
1973
■ Cliven Bundy pays grazing fees to the BLM for the next 20 years.
1993
■ The BLM modifies Bundy’s grazing permit by reducing the size allowed for his herd to 150 and restricts where his cattle can graze in the Gold Butte area. He refuses the permit and stops paying grazing fees. The BLM cancels his permit. Read the rest of this entry »

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Be nice to me… or else!

Posted by Warm Southern Breeze on Thursday, March 6, 2014

It certainly seems that there’s no shortage of opinion on FaceBook. Eminem quote

Recently, I had seen this posted on a friend’s page, and remarked upon it. Whether or not Eminem said it, I am uncertain. However, the sentiment expressed was what caught my attention.

Since we’re now in Read the rest of this entry »

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Hostess with the mostess? Try CEO with the mostess. Hostess executives attempted to deceive investors, creditors & legal system before filing bankruptcy.

Posted by Warm Southern Breeze on Monday, November 19, 2012

As the saying goes, It ain’t over ’til the fat lady sings.”

At this point, apparently, she’s not yet begun, although she is “in the house.”

And, from our “WTF?!?” files, comes this item:

In early February, Hostess had asked the bankruptcy judge to approve a sweet new employment deal for Driscoll. Its terms guaranteed him a base annual salary of $1.5 million, plus cash incentives and “long-term incentive” compensation of up to $2 million. If Hostess liquidated or Driscoll were fired without cause, he’d still get severance pay of $1.95 million as long as he honored a noncompete agreement.

The committee representing Hostess’s unsecured creditors alleges that information it has gathered suggests “the possibility” that the company converted a chunk of its top executives’ pay from performance-based bonuses to salary, “at least in part to sidestep” rules designed to ensure that companies in bankruptcy aren’t enticing their employees to stay on board with the promise of cash, according to documents filed with the U.S. Bankruptcy Court in White Plains, N.Y.

This solitary example is a wonderful one for illustrating what is WRONG with corporate governance and corporate operations in the United States. It’s an even more sad commentary that laws must be enacted to require people to do the right thing. At this juncture, the judge overseeing the Hostess Brands Inc. bankruptcy is doing precisely that.

Hostess and Bakers Union Asked Accept Strike Mediation

The judge overseeing Hostess Brands Inc. declined to approve the company’s liquidation today and asked management and the bakers’ union to enter mediation tomorrow to resolve the strike that the maker of Twinkies and Wonder bread said forced it to shut.

U.S. Bankruptcy Judge Robert Drain said at a hearing in White Plains, New York, that there are “serious questions as to the logic behind the decision to strike.” Hostess and the bakers’ union agreed to Drain’s request to enter confidential mediation under his supervision.

“To me, not to have gone through that step leaves a huge question mark over this case which I think will only be answered in litigation,” Drain said. “My desire to do this is prompted primarily by the potential loss of over 18,000 jobs, as well as my belief that there is a possibility to resolve this matter, notwithstanding the losses the debtors have incurred over the last week or so.”

Hostess CEO & executive pay outrageous

asdfasdf

Hostess hasn’t spoken with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union since August, said Heather Lennox, a lawyer for the company. Hostess is seeking permission from Drain to pay bonuses to key managers while closing operations that will leave most of its 18,500 workers unemployed. Any agreement arising from the mediation would probably come too late to save the company, Lennox said.

“Things have gone too far to repair themselves under the current form,” Lennox, a partner at Jones Day, told Drain. “It would be very hard for us to recover from this damage even if there were to be an agreement in the near term.”

‘Best Shot’

“Our best shot is to see what we can sell as going concerns and have the company continue that way,” she said. The hearing to consider Hostess’s request to wind down was postponed until Nov. 21.

Hostess said Nov. 16 that it would shut, claiming that a weeklong strike by the bakers’ union forced liquidation. The union blamed management’s concession demands, while some employees blamed both sides. Strikers were still outside the company’s facilities today, Hostess’s lawyers said.

Corrina Christensen, a spokeswoman for the bakers’ union, didn’t immediately respond to an e-mail seeking comment on the mediation.

Teamsters

The International Brotherhood of Teamsters, whose members distribute Hostess products, had ratified a new contract with 8 percent in wage concessions and 17 percent in benefit reductions.

“The Teamsters will closely monitor the mediation between the BCTGM and Hostess management and assist in any way we can to help the two sides reach an agreement that keeps the company’s doors open,” Ken Hall, the Teamsters general secretary- treasurer, said today in a statement.

The judge may be creating risk for both sides that encourages them to reach a deal, Ken Russak, a bankruptcy attorney at Frandzel Robins Bloom & Csato in Los Angeles, said today in an interview. “The bankruptcy judge would much prefer to have the parties work something out than having to Read the rest of this entry »

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UAH Professor Killer Amy Bishop Pleads Guilty

Posted by Warm Southern Breeze on Tuesday, September 11, 2012

The reader should understand: The cost of trying capital cases – cases in which the penalty is, or may be death – are EXCEEDINGLY more expensive than any other case, simply because of the numerous levels of mandatory appeals. Thus, by pleading guilty, and spending the rest her natural life behind bars – without the possibility of parole, and being given humane healthcare – the District Attorney, Amy Bishop and her defense attorneys have saved Madison County, Huntsville, and the State of Alabama many MILLIONS of tax dollars.

That is true, even given that she may live perhaps another 40 years – though that is highly unlikely, simply because incarceration exacts a physical toll upon a person’s life, shortening it by many years. Estimating a cost of $20,000/year (which includes the total cost of employees to guard & manage the system, cost of operations, etc.), and supposing she lives another 40 years (which is less likely, than not) the total flat-line cost would be $800,000.

A 2004 report entitled “State Prison Expenditures, 2001” by James B. Stephan, Statistician for the Bureau of Justice Statistics, Office of Justice Programs, of the Department of Justice, found that the cost of food and medical expenses, food service & utilities cost per prisoner in Alabama was $1776. Alabama’s Average Annual Operating Cost per prisoner was $8128 – THE lowest of 50 states. Other components of cost – employee cost, salaries, wages, benefits, supplies, maintenance, contractual services, and other aspects of facility operation, etc. – account for nearly 96% of all operating costs. According to the report, of all states, Alabama has the HIGHEST per-prisoner cost of utilities as a percentage of operating expenditure, at 5.7%. Perhaps it’s time to rethink solar, wind and other sources of renewable energy?

Sep 11, 3:15 PM EDT

Ex-prof pleads guilty to killing Ala. colleagues

HUNTSVILLE, Ala. (AP) — An ex-professor pleaded guilty Tuesday to fatally shooting three colleagues and wounding three others at the University of Alabama in Huntsville, court officials said.

Amy Bishop, 47, pleaded guilty to one count of capital murder involving two or more people and three counts of attempted murder. She had earlier pleaded not guilty by reason of insanity.

Amy Bishop before bench 19514615_BG2

Amy Bishop pleads guilty to murder and attempted murder in Madison County.

Prosecutors were seeking the death penalty against the Harvard-educated Bishop and it was not immediately clear if they would drop the penalty as part of the plea deal. Sentencing will be after arguments are heard at a hearing on Sept. 24.

Prosecutors say 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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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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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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The best government money can buy

Posted by Warm Southern Breeze on Friday, January 22, 2010

Overturning a nearly-century-long trend of limiting BIG BUCK$ from BIG BU$INE$$ and UNION$ to influence elections, the Supreme Court Of The United States (SCOTUS) overturned …Continue…

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