Judge

Jared Loughner Unfit to Stand Trial

by Bill O'Connell on May 27, 2011

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Gabrielle Giffords’ shooter won’t be going to trial anytime soon. I have a question for Carolyn McCarthy (D-NY) and Frank Lautenburg (D-NJ). In the wake of the Tucson shooting, what are you doing about getting mentally impaired people off the street, instead of rendering citizens defenseless?

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We knew it was coming because the situation was so clear. Congressman Paul Ryan introduced a bold plan to deal with out of control government spending and the Democrats had no credible plan of their own. So what does one do in a case like that? Lie, smear, distort, and scare the uninformed into thinking that we should shut up and surrender our liberties to the government. But the level of the latest lies is remarkable if only because of how shameless it is.

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Leadership is Lacking in the White House

by Bill O'Connell on February 16, 2011

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You have probably seen a lot of comparisons in the main stream media trying to compare President Barack Obama to President Ronald Reagan. Try to make this comparison to a conservative and they will look at you rather oddly. Tell it to a progressive and they lap it up, because they know that President Reagan was a leader and by comparing the two men, perhaps some of that leadership will rub off on the incumbent.

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ObamaCare: Arrogance Gets Its Comeuppance

by Bill O'Connell on February 1, 2011

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It is difficult to imagine that a nation which began, at least in part, as the result of opposition to a British mandate giving the East India Company a monopoly and imposing a nominal tax on all tea sold in America would have set out to create a government with the power to force people to buy tea in the first place. – Judge Roger Vinson opinion in STATE OF FLORIDA v UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES

 

Perhaps the most arrogant, condescending act of Congress was the passage of ObamaCare. Opinion polls consistently counted the American public to be strongly against it. Town hall meetings during the summer before its passage were raucous and united in opposition as politicians cowered before their constituents. Many politicians who voted for the bill stopped holding town hall meetings, choosing instead to hide under their desks. During the fall 2010 elections, rare was the Democrat who boldly campaigned on ObamaCare.

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The Rush to Judgment

by Bill O'Connell on January 10, 2011

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“Now, I don’t know, not having been there and not seeing all the facts, what role race played in that. But I think it’s fair to say, number one, any of us would be pretty angry; number two, that the Cambridge police acted stupidly.”  President Obama commenting on a police incident in Cambridge, Mass. involving Sgt. Crowley and Professor Gates

“We don’t know all the answers yet and I would caution against jumping to conclusions,” President Obama speaking about Major Nidal Hasan after he killed 13 at Fort Hood.

“There is no credible evidence so far that this attack was more than at least one person, the driver,” said Mayor Mike Bloomberg. “After that there is no evidence that anyone else was involved. It may be, but we can’t say that it is.”…“If I had to guess, twenty five cents, this would be exactly that,” Bloomberg said. “Homegrown maybe a mentally deranged person or someone with a political agenda that doesn’t like the health care bill or something. It could be anything.” – New York Mayor Michael Bloomberg commenting on the Times Square bomber

“You know, at this point I have no information that it’s anything other than a one-off,” – Homeland Security Secretary Janet Napolitano commenting on the Times Square bomber

“The odds are quite high that this was a lone wolf.” – New York Senator Charles Schumer commenting on the Times Square bomber

“Rep. Andre Carson said he and Rep. John Lewis had racial slurs yelled at them as they left the Cannon House Office Building, with protesters chanting what he referred to as “the N-word” fifteen times.” – CBS News report on the Health Care Vote.  Andrew Breitbart put up $100,000 to anyone who came forward with video or audio proof of Carson’s accusations.  To date, no one has come forward.

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ObamaCare Starts Taking on Water

by Bill O'Connell on December 14, 2010

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Whether you call it an iceberg or a torpedo, ObamaCare just struck something or vice versa and it doesn’t look good.  The ship is taking on water and you can hear the orchestra tuning up as they rearrange the deck chairs.

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Eric Holder as Free Agent

by Bill O'Connell on November 23, 2010

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The baseball season has ended.  The San Francisco Giants are the world champions for the first time since 1954 when they were the New York Giants.  The stadiums are empty and the spring training fields have not yet gotten busy.  But, fear not, the free agent season is heating up.

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Who Is Elena Kagan?

by Bill O'Connell on July 29, 2010

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We have come to expect a fight whenever a seat opens up on the Supreme Court as there are distinct battle lines between conservatives who believe the Constitution should be interpreted how it was written and liberal/progressives view it in light of what they feel it should be today.  In other words, conservatives approach the Constitution with a magnifying glass while liberal/progressives approach it with an eraser and pencil.

I happen to believe that elections have consequences and that for the most part the president should be allowed to nominate who he chooses to fill a Supreme Court vacancy and have them approved.  However, as Democrats like to point out when a Republican sits in the White House, the Senate has a Constitutional role to give advice and consent on such nominees, not just rubber stamp them, which is true enough.  Unfortunately, today the advice and consent process is almost a sham, because the nominees have learned how to keep their mouths shut and defer from answering all but the blandest questions under the cover that it may come up before them in a case on the court.  We can thank Ted Kennedy for this as he turned the advice and consent role into an opportunity to smear a nominee, Judge Robert Bork, in the most vile and mendacious way to pander to the base of the Democratic Party.  Since then, it’s been lights out on any serious probing of the thought process of nominees to our highest court.

But what about Elena Kagan?  After the Senate Judiciary panel approved her nomination along nearly party lines (Lindsey Graham – R voted in favor) most Americans (87%) believe she will be confirmed, according to Rasmussen.  However, in the same poll Americans oppose her nomination 42% to 36%.  Is she qualified to a lifetime appointment to the Supreme Court?

One of the arguments against her is that she has never been a judge before.  That is true, but it is also true for about one-third of past Supreme Court justices.  However, among those past Supreme Court justices who were not judges, they had on average 20 years experience in the private practice of law.  Ms. Kagan has two years experience in private practice, two years.  The rest of her experience in academia or government service. 

Before her current position of Solicitor General, she had never argued a case at a trial.  She has no judicial experience, next to no private practice experience, and thanks to Ted Kennedy, she revealed as little as possible about her judicial philosophy to get confirmed.  Her key strength, according to Barack Obama, is her ability to build consensus.  I’ll give you a translation of what that really means.  Her job will be to vote with the liberal bloc of the Supreme Court and use her persuasive powers on Anthony Kennedy to peel him off and generate as many 5-4 wins as possible.  President Obama does little without a purpose and his purpose is to pull the Supreme Court in the same direction as the laws he has jammed through against the will of the American people.

Despite the approval of the Judiciary committee, an effort must be mounted to reject or filibuster her approval.  How can we accept someone with so little in the way of qualifications to a lifetime appointment?  We know next to nothing about her judicial philosophy.  There are no cases on which she has written opinions that can be examined.  With regard to what she has written in the government service she simply says I was acting as an advocate for my client, and those are not necessarily my views.  Who could argue with that?  So what are her views?  We don’t know and like Nancy Pelosi claimed with the health care monstrosity, “we’ll just have to pass it to find out what’s in it.”  With a lifetime appointment, you can’t take it back later if you disagree with her eventual positions.  The track record of the “Trust me” presidency is downright frightening.

With all due respect to Elena Kagan, I don’t see how we can idly sit by and silently accept another Obama abomination of ramming through his agenda without regard for the people who elected him.  He is essentially asking us to grant a lifetime appointment that could profoundly affect our liberties, to someone who is a blank slate that we know little about. He should withdraw the nominee and submit another candidate.

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Obama Suspends the End of Racism

by Bill O'Connell on July 2, 2010

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His election was a major milestone in the history of the United States.  Leaving aside his political philosophy which a number of us opposed and more are seeing that philosophy more clearly now, electing the first African American to the presidency with 53% of the popular vote no less, truly shows how far our nation has come from the dark days of slavery.

Having achieved this milestone has proved a two edged sword to the progressives and statists.  By celebrating the election of Barack Obama it also signaled the defusing of the most potent weapon in their arsenal, the race card.  How can you routinely call America a racist country when we just elected an African American President of the United States?  By winning with 53% of the popular vote, more than Bill Clinton in two elections and more than Jimmy Carter, it was clear that the black vote alone could not have elected him.  It required him winning over many white voters as well.  How do you continue to justify Affirmative Action when an African American was chosen by his fellow citizens to the most powerful position on earth?  But the progressives and the statists continue to pull the trigger on this dud, particularly where the Tea Party movement is involved, without proof and without shame.

 A New Dark Chapter?

Ironically, it is the Obama administration that is practicing a new kind of racism that the mainstream media is conspiring with them to hide.

During the 2008 election, several members of the Black Panthers dressed in paramilitary uniforms and brandishing a nightstick, stood outside of a polling place in Philadelphia intimidating voters by their physical presence and through verbal taunts.  The Black Panthers were caught on video tape and as this was a clear violation of the Voting Rights act, charges were filed against them.  J. Christian Adams, one of the attorneys at the Department of Justice handling the case called it the “easiest case I’ve ever had.”  The facts were clear, the video tape provided irrefutable evidence and the defendants didn’t show up in court to dispute the charges.  Because they didn’t show up, the judge issued a default judgment, meaning the Justice Department won the case and only the punishment remained.  That is, until the new leadership of the Justice Department weighed in.

 This case was originally filed in the last days of the Bush administration.  So with the victory in hand, the Justice attorneys handling the case were told to dismiss the charges and drop the case.  The reason given was that the “facts and the law don’t support the case.”  It was further ordered that these kinds of cases were “not going to happen out of the Civil Rights Division” of the DOJ.  In other words, where the plaintiff was white and the defendant was black, the Civil Rights Division of the Department would not pursue the case.  If a regional United States Attorney brought a case, the DOJ would permit it to go forward, but not from within the Civil Rights division.

The individuals who delivered this order were Loretta King and Steve Rosenbaum, political appointees.  Adams went further to say that Assistant Attorney General Thomas Perez of lying under oath to a federal commission about the circumstances surrounding the decision to drop the probe.   The Justice Department denied Adams allegation:

 “It is not uncommon for attorneys within the department to have good faith disagreements about the appropriate course of action in a particular case, although it is regrettable when a former department attorney distorts the facts and makes baseless allegations to promote his or her agenda,” she said in a written statement.

Mere partisan politics?  Sour grapes?  You might think that until you hear from Bartle Bull, a lifelong Democrat and Civil Rights attorney who was an eye witness to the incident.  Here is an interview with Mr. Bull and Megyn Kelly of Fox News.  It is nothing less than stunning.  Interview.   He describes how one of the Black Panthers said to him and a person with him, “Now you will see what it’s like to be ruled by the black man, cracker.”

The first African American president has people in his administration who will not enforce the Voting Rights Act if the person whose rights are being violated is white.  I need not point out that if  the Ku Klux Klan was standing in front of the polling place and the Justice Department dropped the case against them what the outrage would be.  But with the mainstream media merely the propaganda arm of the administration, this news is only being carried by Fox News and on the Internet.

President Obama and Attorney General Holder must answer to this outrage.  They have to tell the American people why they refuse to carry out their sworn duty and enforce the law, particularly when the case was already won and they demanded that the charges be dropped and that no new cases would originate from the Civil Rights Division of the Department of Justice.  A great moment in American history will have a stain upon it unless President Obama immediately reverses course.

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Barack Obama — Illusionist

by Bill O'Connell on November 14, 2009

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Over the past eleven months, have you ever gotten a feeling that you are watching a magician, rather than a president run our country?  As any practitioner of the art of the illusionist will tell you, one of the key things is to keep the audience distracted.  Have them watch the left hand, while the right is slipping the coin into the pocket.  The Obama Administration is about to unleash their greatest trick yet, trying Khalid Sheik Mohammed in civil court in New York for the 9/11 attack on America.  Why?

The Greatest Show On Earth

The trial will become an absolute three ring circus, with all the world watching closely.  The liberal pundits say, “this is our chance to show the world our justice system.  We can demonstrate how civilized we are, and show the Muslim world how fair we are.”  Really?

Remember to the footage in the Muslim world immediately following the collapse of the World Trade Center towers.  They were dancing in the street, laughing and singing, shouting praise to Allah.  What do you think the reaction will be if Khalid Sheik Mohammed, jumps up in court and screams out, “Kill the infidels! This is a fraud meant to disguise these devil’s tricks!”  Do we let him ramble with a global audience?  Do we have the bailiffs wrestle him to the ground?  Do we put him in restraints for the rest of the trial?  Who exactly is going to show the world what?

We Have No Secrets

In a civilian trial there is a process called discovery, where the defense is told everything the prosecution plans on bringing to court, including witnesses, so that the defense has a chance to prepare their rebuttal case.  How much of the CIA’s methods and contacts are we prepared to reveal to the world and to Khalid Sheik Mohammed’s allies?  Or, how much are we not going to use in order to protect that information and at the same time increase the chances that he will be acquitted?

Can Anybody Say O.J.?

Do you remember the O.J. Simpson trial?  A slam-dunk if ever there was one.  There was blood evidence, DNA evidence, means, motive, opportunity, it couldn’t get any easier.  But what happened?  Judge Lance Ito, lost control of his court room in the klieg lights of national television.  One of O.J.’s attorneys or advisors told O.J. to stop taking his arthritis medication  so his hands would swell and then the famous glove trick, abra cadabra, “If the glove doesn’t fit, you must acquit.”  What happened after that trial?  Dancing in the streets of the black community.

The Jury Pool

Are Muslims going to be excluded from the jury pool?  If so, on what grounds and would a judge allow it?  In the O.J. case we had what was called jury nullification, where a jury handed up a verdict not based on the evidence presented, but based on a social determination.  O.J. was a symbol for all black men put on trial and all past injustices.  He was a sports hero to millions and he wasn’t going down, no matter what.  What if a someone with strong beliefs sees disrupting the outcome of the trial as the new jihad?  Don’t use suicide bombers in New York, that’s so Middle East, let’s kill them softly by getting Khalid Sheik Mohammed acquitted or a give them a hung jury.  What better way to humiliate the Great Satan.  It will be like David and Goliath all over again.

The Real Trial

Or is it really the Bush Administration that Obama wants to put on trial?  The Obama administration’s popularity is sinking link a stone.  The stimulus package was a bust.  Cap and Trade is a disaster.  Health care a debacle.  Tea Party’s are breaking out all over.  The Democrats got trounced in Virginia and New Jersey, and even New York’s 23rd is still alive as recounts have dramatically closed the gap. A show trial of the Bush Administration is just what the Obama Administration needs to keep the focus off what they are really doing.

This is a tragedy and a travesty and there should be no end to the shame heaped upon this administration if they follow through on this.

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