Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘law’

Federal Investigators Pursuing #ALpolitics @GovernorBentley #Corruption

Posted by Warm Southern Breeze on Wednesday, February 15, 2017

—Exclusive Breaking News—

Feds Pull Protective Cover Off Bentley, Mason

By Donald V. Watkins
©Copyrighted and Published (via Facebook) on February 15, 2017
Used with permission

Our Facebook news team has just learned that the U.S. Department of Justice has given federal prosecutors full authority to resume their investigation of Alabama Governor Robert Bentley and his married girlfriend, Rebekah Caldwell Mason, and to prosecute them if the evidence unearthed in their investigation warrants it. The Department scaled back its earlier criminal investigation of Bentley and Mason after former Alabama Attorney General Luther Strange lulled the Department into believing that he would prosecute the First Couple of Alabama on state law ethics violations.

In December of last year, Strange decided to give Bentley and Mason a prosecutorial “pass” on state ethics law violations in exchange for an appointment to the U.S. senate seat vacated by Jeff Sessions. This move, which may well constitute a form of bribery under federal law, has embarrassed and angered career federal prosecutors.

The move has also demoralized the Public Corruption Unit led by Deputy Alabama Attorney General Alice Martin and Unit Chief Matt Hart. Martin and Hart are seasoned professional prosecutors with a proven track-record of success in high-profile public corruption cases.

Public outcry over the unsavory deal between Bentley and Strange has reached a fever pitch in the state. Alabamians witnessed a sitting governor buy his way out of a messy state criminal investigation by appointing a greedy and selfish former attorney general to the senate seat in Washington. What is more, Bentley put off the mandatory 90-day special election for Strange’s senate seat until the November 2018 general election.

Bentley’s appointment of Steve Marshall as Alabama Attorney General pushed the public and the Justice Department over the edge. Marshall, who was a longtime district attorney in a small Alabama County, has no Read the rest of this entry »

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Citizens United Ruling Violates Equal Protection Clause

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

Nick Hanauer, a multi-billionaire about whom few have likely heard, authored a highly publicized article not too long ago warning about wealth inequity. Increasingly, the wealthy are realizing that a strategy of cutting taxes upon the wealthy and their corporations is not a recipe for American success, precisely for the reason that it adversely affects economic infrastructure, and jobs, among other damages.

However, one needn’t be wealthy to realize and understand that money, and the unreasonable desire for it known as avarice (an extreme form of greed), and the unwieldy power that accompanies it, are corrupting influences in any nation, and particularly in our United States because of SCOTUS ruling in the 2010 Citizens United v Federal Election Commission decision which Read the rest of this entry »

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Thinking about @POTUS @realDonaldTrump? Me too.

Posted by Warm Southern Breeze on Tuesday, January 31, 2017

Recently, President Trump was criticized – and sued in Federal Court – over one of his first Executive Orders in the first days of his office.

More specifically, it was his Executive Order No. 13767, signed January 25, 2017, and published January 30, 2017, entitled as “BORDER SECURITY AND IMMIGRATION ENFORCEMENT IMPROVEMENTS” which has caused a justifiable stir.
–––

Search the historical record of Executive Orders:
https://www.archives.gov/federal-register/executive-orders/disposition.html

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Some are all up in arms, again, justifiably so, not merely because of the mass confusion which it has created. In essence, what many have complained about is that many Permanent Resident Aliens (so-called “Green Card” holders) would have been denied re-entry into our United States for a period of 90 days if they were a citizen of, or have visited one of 7 so-called “nations of concern”: Iraq, Syria, Iran, Libya, Somalia, Sudan and Yemen.

It should be remembered, however, that the so-called 7 “nations of concern” first began during the Obama administration.

In December 2015, President Obama signed H.R.158, the 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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Can @realDonaldTrump this?

Posted by Warm Southern Breeze on Sunday, November 13, 2016

Sunday, November 13, 2016
Day 5: The standard has been set… by a Black man.

According to the Department of Homeland Security (DHS) – the huge government bureaucracy established by Executive Order 13228 under President George W. Bush on October 8, 2001 – and it’s subsidiary bureaucracy the Immigrations and Customs Enforcement (ICE), from 2009-2015, President Barack Obama has deported over 2.5 Million illegal immigrants… more than the George W. Bush administration.

Statistics for this year (2016) are not ready, because… the year hasn’t ended. Duh!
So, there are more to be added to the “we kicked you out because you broke the law” rolls.

Really? Obama deported more illegals than Bush?

Yup.

He’s deported so many illegals that he’s been nicknamed the “Deporter in Chief.”

In fact, he’s deported MORE than any other administration in history.

MORE than Reagan.

MORE than George H.W. Bush.

MORE than Clinton.

MORE than Carter.

In fact… MORE than ALL OF THEM COMBINED!

Oh yeah.

Ouch… that’s gotta’ smart!

The Office of Immigration Statistics (a subsidiary of the Department of Homeland Security), says Read the rest of this entry »

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The Great Unknown… Or Not: Separating #Fact From #Fiction: @realDonaldTrump’s First 100 Days – Realistic, Or Idealistic?

Posted by Warm Southern Breeze on Saturday, November 12, 2016

November 11, 2016
Day 3: Still thinking

Yesterday, President Obama met with Donald Trump at the White House. It was the first time either of them had met. According to brief remarks made to the Press afterward, their collegial meeting lasted about one and a half hours.

The erudite will recall that “the first 100 days” is taken from a radio address given by Franklin Delano Roosevelt’s first term in office, in which during his first 100 days , and modeled after his plan to get Americans back to work, protect their savings and create prosperity, provide relief for the sick and elderly, and get industry and agriculture back on their feet.

Having read Trump’s goals for his first 100 days in office, it seems to me that there are some ideas I can support. Yet, there’s some pure bluster and ignorance designed for purely emotional appeal. I’ll separate fact from fiction, and we’ll have to wait and see how it all pans out.
See: donald-trumps-contract-w-american-voter

Trump’s objectives are in bold, my comments follow.

—/—

First: Constitutional Amendment for Congressional Term Limits – I have long supported that idea. Kentucky Senator Mitch McConnell (R), however, opposes them – as, presumably, do some others. Whenever their income source or security is potentially challenged, they’ll fight. Which is probably all the more reason it ought to enacted. A Lifetime Limit of Eight terms in the House of Representatives (2 years x 8 terms=16 years), and a Lifetime Limit of Two terms in the Senate (2 terms x 6 years=12 years) for a combined total of 20 years Lifetime Total ought to be enough for anyone.

Second: Federal Hiring Freeze, to reduce federal workforce through attrition (exempting military, public safety, and public health) – I can understand that, and could go along with that for a period of time. Realize also that whenever any public action is required to be taken – such as “extreme vetting,” it is done by Federal Employees. So if their numbers are reduced, as a natural result, expect slow-downs and delays in any actions undertaken.

Third: Require that for every new federal regulation, two existing regulations must be eliminated – That’s unrealistic, and impracticable. It may be nice to think about, but as a blanket statement, it’s simply unrealistic.

Fourth: A 5 year-ban on White House and Congressional officials becoming lobbyists after they leave government service – TOTALLY in favor of this idea.

Sixth: Lifetime ban on White House officials lobbying on behalf of a foreign government – Totally in favor of, and the ban should extend to ALL former Federal Employees.

On the same day, I will begin taking the following 7 actions to protect American workers:

FIRST, I will announce my intention to renegotiate NAFTA or withdraw from the deal under Article 2205 – I have long advocated for changes to NAFTA, and other Free Trade deals to which the United States is a party.

SECOND, I will announce our withdrawal from the Trans-Pacific Partnership – TOTALLY in favor of this idea.

THIRD, I will direct my Secretary of the Treasury to label China a currency manipulator – Some say “yes,” some say “no,” but there is no disagreement China has bought American currency on the FOREX (Foreign Currency Exchange Market), and has purchased American indebtedness (T-bills, and other bonds). Mr. C. Fred Bergsten, Senior Fellow and Director Emeritus at the Peterson Institute for International Economics, put it this way: “Currency manipulation occurs when Read the rest of this entry »

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I had a Late Term #Abortion.

Posted by Warm Southern Breeze on Friday, October 21, 2016

I HAD A LATE TERM ABORTION.
IT IS NOTHING LIKE DESCRIBED BY TRUMP.
PLEASE DON’T BASE YOUR VOTE ON THE FEAR MONGERING HE IS DOING.
PLEASE READ MY EXPERIENCE:

I had to have a late term abortion. It was the worst moment in my life. What made it even worse was the State of Utah had made it illegal. I had one dead twin. The other had severe Spina Bifida, and would only have lived with life support, in great pain, for a few days.

by Alyson Draper
October 19 at 8:46pm · Midway, UT
used with permission

I lay on the hospital floor, bawling hysterically, for twelve hours, waiting for an ethics committee of the health care corporation to Read the rest of this entry »

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We Need Prayer Back In Schools!

Posted by Warm Southern Breeze on Wednesday, October 5, 2016

We need prayer back in schools!,” said someone.

“Okay,” I said. “Whose prayer do you want? The Episcopalians? The Baptists? The Methodists? Church of Christ? What about the Jehovah’s Witnesses? Or the Seventh Day Adventists? Do you want the Primitive Baptists, or the Free Will Baptists? Read the rest of this entry »

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Vote Fraud Explained, and Prevention

Posted by Warm Southern Breeze on Sunday, October 2, 2016

I write the following as an experienced election official, having participated in various levels and capacities of electioneering, as poll watcher, at polling locations, re-counting ballots in close and contended elections, and counting absentee ballots.

Voter fraud and voting fraud may be two sides of the same vote fraud coin. Allow me to explain.

An Iraqi citizen, turning his head to protect his identity, proudly displays the indelible ink on his finger as proof he has voted in Iraq's first free election in over 50 years on Jan. 30, 2005. Everyone voting in the historic election has to mark their finger with the ink to indicate they have already voted as a means to deter voting fraud. DoD photo by Master Sgt. Dave Ahlschwede, U.S. Air Force. (Released)

An Iraqi citizen, turning his head to protect his identity, proudly displays the indelible ink on his finger as proof he has voted in Iraq’s first free election in over 50 years on Jan. 30, 2005. Everyone voting in the historic election has to mark their finger with the ink to indicate they have already voted as a means to deter voting fraud. DoD photo by Master Sgt. Dave Ahlschwede, U.S. Air Force. (Released)

In some lesser-developed nations, evidence of having voted has been accomplished by having the voter dip their finger in an indelible, semi-permanent ink. The world has seen it used in Read the rest of this entry »

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Your Tax Dollars At Work: Taxpayers Subsidize CEO Pay, Here’s How #BonusLoophole

Posted by Warm Southern Breeze on Saturday, September 3, 2016

Executive Excess 2016: The Wall Street CEO Bonus Loophole

This 23rd annual report reveals how taxpayers are subsidizing financial crisis windfalls.

By Sarah Anderson and Sam Pizzigati, August 31, 2016

CashingInOnTheCrisis-Graphic-1-1This report is the first to calculate how much taxpayers have been subsidizing executive bonuses at the nation’s largest banks.

The study focuses on a 1993 Clinton administration reform that was intended to rein in runaway CEO pay by capping the tax deductibility of executive compensation at $1 million. But the new rule included a huge loophole for stock options and other “performance” pay. As a result, the more corporations hand out in executive bonuses, the lower their tax bill. This perverse incentive for excessive compensation has been a major factor in the explosion of CEO pay.

The financial bailout program closed this loophole for recipients, but only until 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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Medical, Scientific, and Economically Valid Reasons To Legalize #Marijuana In Sweet Home Alabama #ALpolitics

Posted by Warm Southern Breeze on Thursday, November 12, 2015

It’s no joke, Colorado is ROLLING (pun intended) in revenue from the taxes and licensing fees associated with legal cannabis sales.

From the Colorado Department of Revenue:
Colorado Marijuana Tax Data
Total marijuana tax revenue includes the 2.9% retail and medical marijuana sales tax, 10% retail marijuana special sales tax, 15% marijuana excise tax, and retail/medical marijuana application and license fees.

For the month of September 2015 (reported October 2015), Colorado had TOTAL (Total All Marijuana Taxes, Licenses) $11,656,736.

On an annualized basis, that’s at least $139,880,832.

The rhetorical question is:
What could Sweet Home do with even half the money like that?

Consider also this: That the legalization of cannabis also largely eliminates Read the rest of this entry »

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Candidates Differ on Death Penalty: @BernieSanders & @HillaryClinton

Posted by Warm Southern Breeze on Friday, October 30, 2015

Vermont Senator Bernie Sanders has long opposed Capital Punishment in the United States.

Speaking from the floor of the United States Senate Thursday, 29 October 2015, he said in part, “When we talk about criminal justice reform, I believe it is time for the United States of America to join almost every other Western, industrialized country on Earth in saying no to the death penalty.”

His Democratic contender Hillary Rodham Clinton has recently announced that she supports the Death Penalty.

Speaking in Manchester, New Hampshire Wednesday, 28 October 2015, she said in part, “I do not favor abolishing it, however, because I do think there are certain egregious cases that still deserve the consideration of the death penalty, but I’d like to see those be very limited and rare, as opposed to what we’ve seen in most states.”

For years, Read the rest of this entry »

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#ALpolitics @GovernorBentley: Alabama’s “Counterfeit” Leader – Epilogue

Posted by Warm Southern Breeze on Sunday, October 4, 2015

Epilogue: Governor Robert Bentley, Alabama’s “Counterfeit” Leader

By Donald V.Watkins
©Copyrighted and Published (via Facebook) on October 4, 2015
Used with permission

Since our initial September 4, 2015 edition, we published a series of articles titled, “Forbidden Love” and “Executive Betrayal.” Those articles disclosed a flaming love affair between Alabama Governor Robert Bentley and Rebekah Caldwell Mason, his married paramour and Senior Political Adviser. The adulterous love affair was underwritten by taxpayers, donors to the governor’s campaign organization, and contributors to a 501(c)(4) non-profit corporation that Bentley used as a slush fund to sponsor his personal affair with Rebekah.

Alabama Governor Bentley with paramour/ Rebekah Caldwell Mason

Alabama Governor Bentley with paramour/ Rebekah Caldwell Mason

Infidelity between two married “Christian” lovers is a moral and religious issue. The use of state and federal funds along with donor money to carry on and conceal the affair is a criminal matter.

Bentley’s case is dripping with evidence of wire and mail fraud, money laundering, conspiracy, misuse of public funds, and Read the rest of this entry »

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David Byrne: #ALpolitics @GovernorBentley’s Consigliere – Part 3, Executive Betrayal

Posted by Warm Southern Breeze on Friday, September 25, 2015

Executive Betrayal – Robert Bentley’s Fleecing of Taxpayers and Donors – Part 3

David Byrne – Governor Bentley’s Consigliere

By Donald V. Watkins
©Copyrighted and Published (via Facebook) on September 25, 2015
Used with permission

Bobby Lowder was the founder, President, CEO & Chairman of the Board of the failed Colonial Bank. During his tenure there, he was widely known as a manipulator, and micromanager of Auburn University, where he was also a member of the Board of Trustees, and donor. During his tenure there, the university experienced many scandals, including use of Lowder's private jet, and his undue influence upon the university president. He was named to be reappointed to the Auburn University Board of Trustees by Governor Bentley, though a a civil lawsuit in the Lee County Circuit Court asserted that Bentley's actions violated Alabama's Open Meetings Act. Under such pressure, Lowder withdrew his name from consideration, served the remainder of his term, and departed. Colonial BancGroup eventually came under Federal scrutiny & investigation for fraudulent practices, and on August 14, 2009, was closed by banking regulators, with all deposits and branches purchased by BB&T.

Bobby Lowder was the founder, President, CEO & Chairman of the Board of the failed Colonial Bank. He was widely known as a manipulator and micromanager of Auburn University, where he was a member of the Board of Trustees, and donor. During his tenure there, the university suffered many scandals, including use of Lowder’s private jet for recruiting an Athletic Director & Head Football Coach that violated NCAA rules. His undue influence upon the university extended even to the university president, who was fired after a No Confidence Vote by the Board of Trustees. Governor Bentley named Lowder to reappointment to the Board after Lowder donated $25,000 to Bentley’s gubernatorial election campaign. A civil lawsuit in the Lee County Circuit Court complained that Bentley’s actions violated Alabama’s Open Meetings Act, and under such pressure, Lowder withdrew his name from consideration, and shortly thereafter, the Alabama State Senate voted him off the board.

On August 14, 2009, federal and state regulators took control of Colonial BancGroup, a regional banking powerhouse based in Montgomery. The seizure of Colonial Bank’s 346 branches and $26 billion in assets made it the sixth-biggest bank failure in U.S. history, the worst of 2009, and the third largest during the credit crisis that plunged the financial markets into turmoil in 2008. Colonial’s collapse cost the Federal Deposit Insurance Corporation $2.8 billion. Colonial’s shareholders lost billions of dollars in stock value. Thousands of bank employees lost their jobs.

David B. Byrne, Jr. David Byrne was admitted to the bar in 1966. He received his B.S. from The University of Alabama and his J.D. from the University of Alabama School of Law. David was a member of Omicron Delta Kappa, Jasons, Beta Gamma Sigma, Phi Eta Sigma, and Phi Alpha Delta. Professional Profile: Assistant U.S. Attorney, 1971-1974 Special Assistant Attorney General, State of Alabama, 1998 - Present Fellow, American Bar Association Fellow, American Board of Criminal Lawyers Fellow, Alabama Law Foundation Member, Advisory Committee on Criminal Procedure, Alabama Supreme Court, 1985 - 1989 Guest lecturer, University of Alabama (Criminal Procedure) Montgomery County Bar Association (President, 1985) Federal Bar Association (President, 1989) Member, Panel I State Bar Character and Fitness Committee Alabama Trial Lawyers Association Listed in The Best Lawyers in America (1991 - Present) United States Army, 1966 - 70, Captain, JAGC USAFR, 1971 - Present Military Judge, Colonel USAF Trial Judiciary, 1993 - Present

David B. Byrne, Jr. was admitted to the bar in 1966. He received his B.S. from The University of Alabama and his J.D. from the University of Alabama School of Law. He was
Assistant U.S. Attorney, 1971-1974, Special Assistant Attorney General, State of Alabama, 1998 – Present; United States Army, 1966 – 70, Captain, JAGC
USAFR, 1971 – Present
Military Judge, Colonel USAF Trial Judiciary, 1993 – Present

Although the public focused on the failed leadership of Bobby Lowder, Colonial’s founder and CEO, it was David B. Byrne, Jr., who was Read the rest of this entry »

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