Thursday, April 07, 2011

Two Breaking News Stories By The Blog's Favorite Reporter Jeff Goldblatt


YOU CAN CLICK ON EITHER LINK TO READ THE FULL NEWS STORIES





Man Charged in Death of Former Music Teacher - Jennifer Kocsis' body was found near a Gary, Ind., school early Saturday morning



Woman Held Captive in Bad Romance: Cops
Internet date leads to threats, violence at hands of man with long rap sheet, authorities say

Sounds like the Feds gave everybody an easy way out so they can wrap this case up... No bosses charged, as usual.


Federal prosecutors say 4 Chicago police officers from elite SOS unit will plead guilty - After four-year inquiry, federal prosecutors don't charge any supervisors in police scandal

A four-year federal investigation aimed at reaching up the chain of command in a massive Chicago police misconduct scandal culminated Thursday pretty much where it began — with charges against the accused rogue cops but no new allegations against their bosses.

When the U.S. Attorney's office took over the Cook County state's attorney's investigation of the elite Special Operations Section in 2007, investigators said they were pursuing evidence of a coverup that may have protected officers who had been repeatedly accused of robberies and false arrests.

But the probe of one of the department's worst misconduct scandals dragged on for more than four years, and when federal civil rights charges and plea deals against the reputed ringleaders were announced Thursday, there were no new allegations of wrongdoing against the officials who had supervised former Officer Jerome Finnigan's SOS team, which was disbanded in 2007.

Law enforcement sources cautioned that tentacles of the investigation could still yield more charges, but the federal charges against Finnigan and Keith Herrera — and new misdemeanor counts against two additional officers who had minor roles in the allegations — signal that the major thrust of the case appears to be winding down. Federal prosecutors declined to comment on the issue.

The U.S. attorney's office said all four officers intend to plead guilty to the charges.

Since the scandal broke five years ago, seven additional officers have pleaded guilty to wrongdoing in Cook County court. Most of them had received reduced sentences in exchange for their cooperation in the ongoing federal probe.

The federal charges against Finnigan, 48, and Herrera, 33, stem largely from the extensive indictments they faced as part of the original case filed by the state's attorney's office, which alleged crimes as early as 2002. As part of the deal worked out with federal prosecutors, those state charges will be dropped.

Also charged Thursday with misdemeanor civil rights charges were Stephen DelBosque, 35, and Eric J. Olsen, 37. Olsen is the only one of the four officers who is still with the department.

The felony charges against Finnigan alleged five instances in 2004 and 2005 in which he and other officers stole hundreds of thousands of dollars in cash after illegally making traffic stops or conducting unlawful searches of alleged drug dealers and other citizens. Herrera allegedly joined him in three of those cases.

In the most lucrative one, Finnigan and other officers made a bogus traffic stop in September 2004, took the person's keys and then stole $450,000 in cash they found during an illegal search of his home, prosecutors said. The officers divided the money among themselves, the charges alleged. Herrera was not alleged to have taken part in that theft.

In another incident in 2005, Finnigan and Herrera allegedly illegally searched a drug dealer's residence and stole $86,000 in cash. Last month a civil lawsuit filed against the officers alleged they had also broken into the home of the downstairs neighbors that night, terrorizing a 13-year-old boy by handcuffing him and questioning him about the neighbors.

Prosecutors charged that Finnigan himself pocketed about $200,000 total from the robberies and thefts while Herrera allegedly netted $40,000. In addition to civil rights conspiracy, both were charged with filing false federal tax returns for not reporting the stolen money.

Finnigan also still faces federal charges — first brought in 2007 — for allegedly plotting to hire a hit man to murder a police officer who he believed was cooperating with investigators in the probe of the robberies. In that case, Herrera wore a wire to secretly record conversations with Finnigan about the plot.

The misdemeanor charges against DelBosque and Olsen accused them of testifying falsely in court about alleged drug busts. DelBosque falsely claimed to have seen a suspect drop a bag containing two bricks of cocaine in November 2005 when in fact the person had no narcotics on him when he was arrested, prosecutors said.

Olsen falsely claimed he saw what appeared to be a plastic bag protruding from a suspect's waistband when he actually had conducted an unlawful search, the charges alleged.

Olsen's 2004 illegal arrest took place during one of the more notorious SOS incidents that happened to be caught on video. Olsen's police report stated that he had encountered the suspect on the street in front of Caballo's bar on the Southwest Side.

However, security video from the bar showed that dozens of SOS officers, including Finnigan and multiple supervisors, raided the bar without a search warrant and made arrests inside. Shortly after the video became public in 2007, the Police Department disbanded the SOS.

Illegal Beaner Stabs His Boss 111 Times...

Will County horseman's killer is convicted. Man defended himself against charges he stabbed former boss 111 times

Martin Gomez had spent the last two weeks defending himself at trial on charges he fatally stabbed his former boss 111 times on the man's Peotone-area horse farm, then used stolen bloodied cash to buy marijuana and a "love whip."

But it took a Will County jury just hours Thursday to convict him of four murder counts as well as one count apiece of armed robbery and home invasion.

The body of Joseph Salamie, 58, a wealthy man with Parkinson's disease who owned a Westmont business and a 10-acre horse farm where his wife had trained jumping horses, was found in a ditch along Harlem Avenue several days after he was killed in May of 2007. Will County prosecutors said in closing arguments Thursday that they believe Gomez, who had previously lived in a trailer on the property, came to Salamie's house looking for cash, knocked on the door and began stabbing him.

Gomez's former girlfriend –– whom he is alleged to have later tried to have killed, along with their unborn child –– and a jailhouse informant said Gomez told them he stabbed Salamie until he thought he was dead, then began cleaning himself up. But Salamie was still alive and tried to escape out the front door, according to testimony.

That's when Gomez chased his former boss down and "finished him" by slashing his neck, said Assistant State's Attorney Steve Platek. Gomez then dragged Salamie's body about 15 feet into a ditch, he said.

Gomez later bragged, "I sliced him up like a turkey," Platek told jurors.

Investigators found Gomez's DNA along with Salamie's blood in the home's bathroom. Cell phone records placed Gomez a few miles from Salamie's farm shortly after the killing, and one of Salamie's credit cards was found in Gomez's car. Neighbors who lived in the Windmill Estates mobile home park in St. Anne where Gomez is alleged to have sold cocaine from his single-wide reported seeing him covered in blood, including one neighbor who said a blood-stained Gomez tried to sell Salamie's cordless drill.

The day after the slaying, Gomez and others left his Kankakee County home and went to a mall in Matteson, where he bought new boots, earrings, a poster and a "love whip." Police later arrested him at his mother's house.

In a somewhat unusual move, Gomez decided to represent himself, filing dozens of motions –– including one for a new pair of glasses –– before trial.

During his closing argument Thursday, Gomez questioned much of the prosecution's case, particularly the fact that only one bit of his DNA was found at the messy crime scene. He put his ex-girlfriend, her new boyfriend, Salamie's brother and Salamie's ex-wife on the witness stand.

Gomez told jurors he didn't need money because of his drug business.

"The economy is hard these days," Gomez said. "I've got to get money somehow. I'll be damned if I go out and try to kill someone for it."

"My life is on the line here," he said, later putting his head down on a table as prosecutors laid out their cellphone case against him.

Chicago Police Special Operations Section (SOS) just won't die... It just keeps lingering on... New Indictments Today


Civil rights charges were announced today against four officers once assigned to the Chicago Police Department’s disgraced Special Operations Section, an elite unit that was disbanded after allegations of illegal searches and robberies of Chicago residents.

Among those charged was Jerome Finnigan, the accused ringleader of the group of rogue cops who allegedly terrorized numerous residents with home invasions, illegal searches and trumped-up charges. The unit was disbanded in 2007.

Finnigan and Keith Herrera were indicted today on federal felony charges of conspiring to violate the civil rights of individuals. Both had previously been charged in Cook County Criminal Court, but those charges will be dismissed.

Also charged today in federal court with misdemeanor civil rights charges were Stephen DelBosque and Eric J. Olsen.

Olsen is the only one of the four officers who is still with the department.

The U.S. attorney’s office said all four officers intend to plead guilty to the charges. Since the scandal broke five years ago, seven additional officers have pleaded guilty to wrongdoing in Cook County court.

The indictment against Finnigan alleged five instances in 2004 and 2005 in which he and an unspecified number of other officers stole hundreds of thousands of dollars in cash after illegally making traffic stops or conducting unlawful searches of alleged drug dealers and other citizens. Herrera allegedly joined him in three of those cases.

In the most lucrative one, Finnigan and other officers pulled over a motorist without legal justification in September 2004, took the person’s keys to his home and then stole $450,000 in cash they found during an illegal search of the residence, prosecutors said. The officers divided the money among themselves, the charges alleged. Herrera was not alleged to have taken part in that theft.

Prosecutors charged that Finnigan himself pocketed about $200,000 from the robberies and thefts in 2004 and 2005 while Herrera netted an alleged $40,000 in 2005.

Finnigan and Herrera were each charged with one felony count of civil rights conspiracy and one felony count of filing a false federal tax return for not reporting the stolen money.

Finnigan also still faces a federal charge from 2007 that alleges he plotted to hire someone to murder a police officer who he believed was cooperating with investigators in the probe of the robberies.

The misdemeanor charges against DelBosque and Olsen accused them of testifying falsely in court about alleged drug busts. DelBosque falsely claimed to have seen a suspect drop a bag containing two bricks of cocaine in November 2005 when in fact the person had no narcotics on him when he was arrested, prosecutors said.

Olsen falsely claimed he saw what appeared to be a plastic bag protruding from a suspect’s waistband when he actually had conducted an unlawful search and found cocaine, the charges alleged.

From Ron Huberman to Cortez Trotter and to today... the 911 Center has been a jackpot in kickbacks, thefts, bribes and other goodies!

Money wasted, computers missing at Chicago 911 center, watchdog says

Hundreds of thousands of dollars were wasted, employees were placed on hidden payrolls and notebook computers went missing at the city department that oversees the city 911 center, according to an audit released today by Inspector General Joseph Ferguson.

All of those issues occurred because “internal controls were not adequate to prevent waste and misconduct,” according to the audit of the Office of Emergency Management and Communication, which also oversees the city’s 311 call center.

The audit alleges a series of costly errors, saying some have been addressed while others still need attention:

• From January 2008 through September 2009, more than a third of nearly $39 million in contract payments reviewed by auditors went to cover goods and services other than the ones approved by city financial managers after vouchers had been “manipulated,” the audit states.

• In one case, improperly purchased electronic equipment that cost $80,000 was paid for twice, the audit states. In another, $127,000 was paid to an authorized vendor, who in turn paid out most of the funds to two other unauthorized companies — while keeping a $6,000 “payment agent” fee.

• In yet another case, a contractor was paid $12,000 for travel expenses that included a $2,000 “up-charge,” the audit states. Those costs were listed as “hardware/software maintenance” and exceeded the rate allowed by the city.

• Dozens of workers who reported directly to department supervisors were paid through contractors, rather than the official city payroll, which boosted annual city costs by hundreds of thousands of dollars. The IG called it the ongoing practice an “end-run around the hiring rules.”
• One company used in the “end-run” scheme was “improperly credited with over $198,000” in costs needed to satisfy city minority contracting requirements. City payments ended up in the hands of former contractors, because the company merely acted as “a payment vehicle.”

• Dozens of printers, seven notebook computers and a digital camera valued at a total of $19,000 could not be found. About $8,000 worth of those items were purchased through manipulated vouchers, the IG found.

According to the audit, steps have been taken to ensure that contract payments are made only for authorized uses and better inventory control procedures are put in place. But the audit states that the city has yet to address the issue of lower costs by directly hiring employees, as Ferguson has recommended.

The Daley administration has been asked for a response to the audit.

You can read the report HERE.

Question from viewer.... and DSLC answers....


Q: Hey Shaved, do you or any readers know where one of those photo machines is located around Chicago Southwest Suburbs, to get an FOID Card Photo taken ? Thanks.


A: Just go to any CVS Drug Store... they take passport style photos there. You can use a passport photo for a FOID Card application.


UPDATE:

TIP (applies to Walgreens): Don't purchase the "Passport Photo" option. It is not the correct size for a FOID card. The "ID Photo" has 4 images on the sheet for $9.99 and can be sized to the exact requirements of the FOID (or PERC card) applicaiton. The "Passport Photo" is sized differently (too large for the FOID) and comes with 2 images for &9.99

Northwestern says star journalism professor lied - Liberal Homosexual Professor who freed 10 inmates doctored documents and lied

Northwestern says star journalism professor lied - University accuses David Protess of doctoring records

Northwestern University officials blasted a heralded journalism professor Wednesday, accusing him of doctoring records and repeatedly lying to his department's dean and the school's lawyers.

Star professor David Protess has been at odds with his university for months, but school officials launched their strongest offensive yet, saying his conduct could "undermine the integrity" of the university, its students and the news media.

The university made the accusations as Medill School of Journalism faculty members left a two-hour, closed-door meeting with journalism school Dean John Lavine. University officials said Lavine detailed how a review of Protess' conduct led to his removal from teaching for the ongoing spring quarter.

The move has roiled alumni and students who revere Protess, founder of a project that investigates potential wrongful convictions and has helped exonerate more than 10 inmates.

"Medill makes clear its values on its website, with the first value to 'be respectful of the school, yourself and others — which includes personal and professional integrity,'" university spokesman Alan Cubbage wrote in a statement. "Protess has not maintained that value, a value that is essential in teaching our students."

The controversy began nearly two years ago when Cook County prosecutors subpoenaed notes, grades and recordings from Protess' students, who had challenged inmate Anthony McKinney's conviction for a 1978 shotgun slaying in Harvey.

Protess and the university accused prosecutors of overreaching and sought to block their access to some student materials, claiming those records were covered by journalistic privilege. But a lawyer hired by the university said in court that Northwestern did not seek to block access to records, including student memos that had been given to McKinney's legal team to try to win his freedom.

The lawyer hired by the university to represent the school and the professor abruptly quit representing Protess last fall, alleging Protess gave him inaccurate information about what materials had been shared with McKinney's lawyers. Northwestern officials then hired a former federal prosecutor to review Protess' conduct.

On Wednesday, university officials said the review found that in late 2009, the professor sent his lawyer an email that contained what Protess said was a copy of a 2007 email to his assistant about what materials had been shared. But Protess altered the 2007 email to "hide the fact that the student memos had been shared with McKinney's lawyers," Cubbage said.

"The email copy he provided stated that: 'My position about memos, as you know, is that we don't keep copies,'" Cubbage said.

"However, examination of the original 2007 email … revealed that the original wording actually was: 'My position about memos, as you know, is that we share everything with the legal team, and don't keep copies."

Protess, who was not at the faculty meeting, said Wednesday that he changed the 2007 email because the statement that his program's policy was to "share everything" was written in a casual tone and not literal.

Protess has denied misleading the university and blamed a faulty memory for any inaccurate information he might have provided.

He said university officials are using him as a scapegoat and trying to shift responsibility from McKinney's attorneys at the law school's Center on Wrongful Convictions. A lawyer from the center admitted in court she lost or destroyed documents given to her by Protess' project.

On leave for the spring, Protess is setting up a nonprofit group to do work similar to that of the Medill Innocence Project, enlisting students from area colleges to investigate possible wrongful convictions. Protess said he has no plans for a court fight with Northwestern.

"I set up the Chicago Innocence Project because I wanted to move on with my life and do something constructive with student reporters from universities all over Chicago," he said.

As they streamed from their meeting with Lavine, Protess' journalism school colleagues declined to talk with reporters gathered at Northwestern's Fisk Hall to ask what the dean had said.

"I'll definitely get fired if I talk to you," one meeting attendee said as he hurried into an office.

Transgenders, He-Shes, Transvestites and Cross-Dressers are my favorites! I want my guards to treat them with respect! Sheriff Tom Dart

From my fellow blogger: CROOK COUNTY SHERIFF

Tom Dart is Going To make Jail Guards Go Through Gender Sensitivity Training To Deal With Transexual Inmates! Dart Also Says The Emotional Concerns For Transexual Inmates Even Superseded Security Issues His New Policy May Cause!

Cook County Sheriff Tom Dart announced that Cook County Jail has instituted a policy for housing transgender detainees based on their gender identity, rather than birth sex.

The policy became effective on March 21. It is thought to be the first of its kind in the United States.

"Particularly with this issue, we wanted to do it right," Dart told Windy City Times, adding that "medical and sociological" concerns for transgender people "even superseded security issues."

The seven-page policy mandates that transgender detainees be allowed to consult with a "Gender Identity Panel" of physicians and therapists before being placed into male or female housing. It also directs correctional staff to allow transgender people to wear clothing/ own hygiene products consistent with their gender identity. Further, it requires that corrections staff, physicians, and therapists undergo gender-related sensitivity training administered by the sheriff's department.

Dr. Avery Hart, the chief medical officer at Cermak Health Services, which oversees healthcare for Cook County Jail, estimated that at least two to three transgender people are in custody at the jail at a given time. Hart worked closely with the sheriff's department to draft the new policy. He did not comment on any specific reports but did say that he thought that "what's been reported in the country about trans people detained reflects Cook County Jail."
Dart said he discovered the jail had no transgender policy over a year ago when the issue was raised at a jail staff meeting. He said that questions arose about where to place transgender people in housing, and Dart recommended that staff defer to the policy.

"I just saw blank stares across the room," Dart said. "I said, 'Are you trying to tell me there is no policy?'"

According to Dart, his office, Cermak Health Services and the Department of Corrections collaborated with experts ranging from therapists to LGBTQ activists to other jails in order to draft a comprehensive policy.

Other jails have adopted policies for placing transgender detainees, most notably in San Francisco. The Cook County Jail policy is unique, however, in that it not only aims to place transgender people based on how they identify, it defers to a "gender identity panel" of doctors and therapists to make that decision, not just correctional officers. It also requires transgender sensitivity training for jail employees, and is backed by a system of supervisor check-offs to ensure it is followed.

Dart told Windy City Times, adding that "medical and sociological" concerns for transgender people "even superseded security issues."

Cops: Illegal Beanette uses stolen debit card to feed kids at McDonald's


An Illegal Beanette living in the Sanctuary City of Chicago woman who allegedly used a stolen debit card to purchase hamburgers for herself and two children less than 50 yards from where the card was reportedly stolen is scheduled to appear in Will County court April 25 on two felony charges.

Sheriff’s Police arrested Estellamarie Ruiz, 29, April 3 at the McDonald’s Restaurant at Bell Road and 143rd Street after matching her food receipt to the last four numbers of the missing card.

Ruiz of the 2200 block of Spaulding Avenue is scheduled to appear at the preliminary hearing on charges of identity theft and misuse of a credit card. She is free on $20,000 bail.

Deputies initially were summoned to the Phillips 66 gas station, 12819 W. 143rd St. by a woman who said she had been pumping fuel when an unidentified person grabbed her wallet out of her car.

The complainant said a green van left the gas station immediately after the alleged theft, and also said her credit company reported the card had just been used at the McDonald’s restaurant at Bell Road and 143rd Street.

Deputies went to the restaurant, where they spotted a van in the parking lot that matched the complainant’s description. The van was occupied by a woman, later identified as Ruiz, and two children eating hamburgers.

A restaurant employee helped Sheriff’s Police match the woman’s food receipt to the last four numbers of the debit card that had been reported stolen.

The complainant also told deputies she learned a $100 purchase had been made with the card at a different gas station, went there and recovered her wallet from a trash can.

_______________________________

Detective Shavedlongcock:

Actually some very good work by the cops! Great job!

Female Cop Busted For DUI Following A Motor Vehicle Accident

Christine Mazarakes, off-duty NYPD cop, busted for DWI after crashing car on Upper West Side of New York

An off-duty cop was busted for DWI after crashing her car on the Upper West Side, authorities said Thursday.

Officer Christine Mazarakes got into a single car wreck around 6:20 p.m. Wednesday at the corner of W. 81st St. and West End Ave., cops said.

When officers responded, they determined that Mazarakes, who is assigned to the 24th Precinct on the Upper West Side, was drunk.

She was charged with driving while intoxicated and has been suspended pending the outcome of the case, official said.

No one was hurt in the crash.

More Amazon Wildebeest Women Caught On Tape Acting Like Animals


The police are hunting a woman identified on this tape who gravely beat, disfigured her victim.
Cops identified one of three women wanted for brutally beating and permanently disfiguring the face of a 26-year-old woman in the Bronx last month, police said.

Britney Sanders, 24, was caught on surveillance video with her two cohorts pummeling the woman inside a bodega on Willis Ave. near E. 137th St. in Mott Haven about 12:45 p.m. on March 22, police said.

The video, released by police Wednesday, shows Sanders throwing fists after another woman grabs the victim by the hair and throws her to the ground after an argument erupted between them.

One of the attackers sliced the victim with a jagged piece of metal, permanently scarring the woman's face, police said.

After the three attackers ran away, the injured woman was taken to Lincoln Hospital, where she was treated for her wounds.

Sanders is about 5-foot-4 and 125 pounds with black hair and brown eyes. She has a tattoo of eyes on her lower back.

Police ask anyone with information on her whereabouts to call the NYPD's Crime Stoppers tip line at (800) 577-TIPS.

All calls are confidential.

17 people living in small house - 3 now dead... from fire

 
Three children were killed early this morning in a house fire in the Englewood neighborhood on the South Side that was caused by one of them playing with a lighter, fire officials said.

Two boys were rescued and taken to Comer Children's Hospital, but were pronounced dead there. The body of a girl was found on the first floor of the house, according to the Fire Department.

An inconsolable Samantha Sims, the children's mother, identified the children as Joseph, 4, Stacy, 9, and Desia, 2, who was pronounced at the scene.

"We woke up and there was fire everywhere," she said. "We were frantic."

"I saw them pull my son out the house. He was burned real bad," Sims said. "I found out from a reporter that my other babies were gone. No one told me anything. I thought my son was the only one who was dead."

Stacey Austin, the children's father, said he tried to put the fire out himself but it spread too quickly. He and other tenants thought everyone was out safely, but realized three had been left inside.

"I tried to get my babies out, but it was too late," he said.

Fire Department spokesman Larry Langford said the 4-year-old started the fire playing with a lighter in his bottom bunk bed, setting the sheets afire.

"Bunk beds can be a fire hazard because when a fire begins in the bottom bunk, then it spreads to the top.," he said. "When the bedding catches fire, it spreads quickly."

Langford said the fire may have spread more quickly because one of the parents tried dousing the fire with pots and pans filled with water.

"That was a mistake because a fire can double every 60 seconds," Langford said.

Langford said all three children suffered cardiac arrest, possibly caused by smoke inhalation.

Sheila Dorsey lived in one of the apartments in the multi-family house and woke up to the sound of her dog barking.

"She was barking real loud. And she woke everyone up. We all left, it happened so fast," she said. "I'm just glad me and my kids made it out in time. We tried to go in and get the other three kids, but the fire was moving too fast. We were trying to get in through the window, but there was too much fire. They was all in the back room, where the fire started. We didn't succeed," she said.

As many as 17 people, including seven siblings to the dead children, appear to have been in the 2½-story frame house in the 6700 block of South Emerald Avenue when the fire broke out shortly after 2 a.m. But the children were the only ones who were trapped and unable to get out, an official said.

Neighbors collected coats, clothes and food for the displaced and grieving family. "This is a block where we look out for each other," said Donna Mack, who lives across the street. "It's a shame we had to look out for her (the mother) and the Red Cross didn't." (The American Red Cross later said it had provided food, clothing, shoes, infant supplies, toiletries and shelter to 15 displaced people.)

Of the children's mother, she said: "She is with her kids all the time. She is always there."

Two police officers suffered smoke inhalation from the blaze. One refused treatment at the scene, the other was taken to Holy Cross Hospital where he is expected to be treated and released.

"There was heavy fire on the first and second floor on (our) arrival," said Chicago Fire Department Chief Thomas Kennedy at the scene. "The children were on the first floor in the rear of the building. I'm not making any comment about where it started, or how. It's under investigation."

There was another fire at the home a few months ago, neighbors said.

This morning, firefighters rushed into the burning house as fast as they could to take out the first two children, he said. "They did everything humanly possible to save those kids," he said.

Smoke detectors were working, he said.

_____________________________________

Detective Shavedlongcock:

I would hate to see the amount of welfare money this house alone was receiving... un-fucking-believable!

Tsunami Warning Issued After Large Quake Strikes Off Northeastern Japan's Coast


DEVELOPING: TOKYO -- Japan was rattled by a strong aftershock and tsunami warning Thursday night nearly a month after a devastating earthquake and tsunami flattened the northeastern coast.

The Japan meteorological agency issued a tsunami warning for a wave of up to 6 feet. The warning was issued for a coastal area already torn apart by last month's tsunami, which is believed to have killed some 25,000 people and has sparked an ongoing crisis at a nuclear power plant.

Officials say Thursday's aftershock was a 7.1-magnitude and hit 25 miles under the water and off the coast of Miyagi prefecture. The quake that preceded last month's tsunami was a 9.0-magnitude.

Officials at the crippled Fukushima Dai-ichi nuclear plant say there are no new signs of problems after the strong aftershock.

Buildings as far away as Tokyo shook for about a minute.

In Ichinoseki, inland from Japan's eastern coast, buildings shook violently, knocking items from shelves and toppling furniture, but there was no heavy damage to the buildings themselves. Immediately after the quake, all power was cut. The city went dark, but cars drove around normally and people assembled in the streets despite the late hour.

U.S. Geological Survey gave the preliminary magnitude as 7.4 and it struck off the eastern coast 60 miles from Sendai and 90 miles from Fukushima. It was about 215 miles from Tokyo.

The depth was 25 miles. Shallower quakes tend to be more destructive.

Hundreds of aftershocks have shaken the northeast region devastated by the March 11 earthquake, but few have been stronger than 7.0.

A Pacific Tsunami Warning Center evaluation of the quake said an oceanwide tsunami was not expected.

___________________________________

Detective Shavedlongcock:

I have a funny feeling that Japan is going to be hit several more times with major earthquakes soon. Japan was hit with a 9.0 earthquake less than a month ago. One of the strongest earthquakes on record. I think the shifting plates under Japan aren't done shifting and that the worse is yet to come... My prayers are with them.

Obama's Close Friend Arrested During Prostitution Sting in Hawaii

ABOVE PHOTO: In this Dec. 31, 2009 file photo, President Obama, right, laughs with Bobby Titcomb on the 18th green as they play golf at Mid Pacific Country Club in Kailua, Hawaii.

HONOLULU --
One of President Obama's close friends from his native Hawaii is facing charges after being arrested during a prostitution sting in the state.

Robert Richard Titcomb, 49, allegedly solicited sex from an undercover police officer posing as a prostitute, Hawaii News Now reports. Titcomb was one of four arrested during the sting, Hawaii Police Department says.

Titcomb was released on $500 bail and will appear in court next month.

Obama and Titcomb have been close friends since high school, and the pair often get together to golf and dine when Obama vacations in the state, Hawaii News Now reports.

Wednesday, April 06, 2011

GOP Lawyer lays out the OBAMA IMPEACHMENT

GOP lawyer drafts Obama impeachment

A prominent libertarian constitutional lawyer and civil libertarian has drafted an article of impeachment against President Obama over his attack on Libya, throwing down a legal gauntlet that could be picked up by some Congressional Republicans

Bruce Fein, a former Reagan administration official in the Department of Justice and chairman of American Freedom Agenda writes in his 15-page argument of Obama's course that "Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor."

Fein is a small-government conservative who worked on the impeachment of President Bill Clinton and also called for the impeachment of President George W. Bush and Vice President Dick Cheney, and his work doesn't represent the Republican Party line. But it comes as some Republicans on the Hill, led by Senator Rand Paul, object vociferously to Obama's decision to strike targets in Libya without Congressional authorization.

"He's been more bold than any other president," said Fein, who said Obama has failed to secure congressional approval for his military action in a much more brazen way than previous administrations.

"If he can wipe out the war powers authorization, why can't he wipe out Congress's authority to spend?" asked Fein. " If we're going to be a government of laws, and not descend into empire, this is Caesar crossing the Rubicon."

Fein said a number of Congressional offices have expressed interest in his proposal.

"They actually need to defend constitutional prerogatives," said Fein. "There's definitely been interest on the Hill. There's at least two dozen who have been open to the idea that this is a serious constitutional crisis."

Fein's articles of impeachment discuss the run-up to the Libya conflict and conclude, "In all of this, President Barack Obama has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States."

The article of impeachment and three subsections are after the jump.

(with Byron Tau)

ARTICLE OF IMPEACHMENT OF PRESIDENT BARACK HUSSEIN OBAMA

RESOLVED, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors, and that the following article of impeachment to be exhibited to the Senate:

ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST BARACK HUSSEIN OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS IN USURPING THE EXCLUSIVE PREROGATIVE OF CONGRESS TO COMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION.

ARTICLE I

In his conduct of the office of President of the United States, Barack Hussein Obama, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has usurped the exclusive power of Congress to initiate war under Article I, section 8, clause 11 of the United States Constitution by unilaterally commencing war against the Republic of Libya on March 19, 2011, declaring that Congress is powerless to constrain his conduct of the war, and claiming authority in the future to commence war unilaterally to advance whatever he ordains is in the national interest. By so doing and declaring, Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor as hereinafter elaborated.

I.
THE IMPEACHMENT POWER

1. Article II, Section IV of the United States Constitution provides: “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

2. According to James Madison’s Records of the Convention, 2:550; Madison, 8 Sept., Mr. George Mason objected to an initial proposal to confine impeachable offenses to treason or bribery:

Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined--As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments.

3. Delegates to the Federal Convention voted overwhelmingly to include “high crimes and misdemeanors” in Article II, Section IV of the United States Constitution specifically to ensure that “attempts to subvert the Constitution” would fall within the universe of impeachable offences. Id.

4. Alexander Hamilton, a delegate to the Federal Convention, characterized impeachable offenses in Federalist 65 as, “offenses which proceed from the misconduct of public men, or in other words, from the violation or abuse of some public trust. They are of a nature which with peculiar propriety may be denominated political, as they relate chiefly to injuries done to society itself.”

5. In 1974, the House Judiciary Committee voted three articles of impeachment against then President Richard M. Nixon for actions “subversive of constitutional government.”

6. Father of the Constitution, James Madison, observed that, “Of all the enemies of public liberty, war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other…. War is the true nurse of executive aggrandizement.”

7. James Madison also instructed that “no nation could preserve its freedom in the midst of continual warfare.”

8. The exclusive congressional power to commence war under Article I, section VIII, clause XI of the Constitution is the pillar of the Republic and the greatest constitutional guarantor of individual liberty, transparency, and government frugality.

II.
THE “DECLARE WAR” CLAUSE

9. Article I, Section VIII, Clause XI of the United States Constitution provides: “The Congress shall have the power … To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;”

10. Article II, Section II, Clause I of the United States Constitution provides: “The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States.”

11. The authors of the United States Constitution manifestly intended Article I, Section VIII, Clause XI to fasten exclusive responsibility and authority on the Congress to decide whether to undertake offensive military action.

12. The authors of the United States Constitution believed that individual liberty and the Republic would be endangered by fighting too many wars, not too few.

13. The authors of the United States Constitution understood that to aggrandize power and to leave a historical legacy, the executive in all countries chronically inflates danger manifold to justify warfare.

14. John Jay, the first Chief Justice of the United States, in Federalist 4 noted:

[A]bsolute monarchs will often make war when their nations are to get nothing by it, but for the purposes and objects merely personal, such as thirst for military glory, revenge for personal affronts, ambition, or private compacts to aggrandize or support their particular families or partisans. These and a variety of other motives, which affect only the mind of the sovereign, often lead him to engage in wars not sanctified by justice or the voice and interests of his people.

15. Alexander Hamilton explained in Federalist 69 that the president's Commander-in-Chief authority

…would be nominally the same with that of the King of Great Britain, but in substance much inferior to it. It would amount to nothing more than the supreme command and direction of the military and naval forces, as first general and admiral of the confederacy; while that of the British king extends to the declaring of war, and to the raising and regulating of fleets and armies; all which by the constitution under consideration would appertain to the Legislature.

16. In a written exchange with Alexander Hamilton under the pseudonym Helvidius, James Madison wrote:

In no part of the constitution is more wisdom to be found, than in the clause which confides the question of war or peace to the legislature, and not to the executive department. Beside the objection to such a mixture to heterogeneous powers, the trust and the temptation would be too great for any one man; not such as nature may offer as the prodigy of many centuries, but such as may be expected in the ordinary successions of magistracy. War is in fact the true nurse of executive aggrandizement. In war, a physical force is to be created; and it is the executive will, which is to direct it. In war, the public treasures are to be unlocked; and it is the executive hand which is to dispense them. In war, the honours and emoluments of office are to be multiplied; and it is the executive patronage under which they are to be enjoyed. It is in war, finally, that laurels are to be gathered, and it is the executive brow they are to encircle. The strongest passions and most dangerous weaknesses of the human breast; ambition, avarice, vanity, the honourable or venial love of fame, are all in conspiracy against the desire and duty of peace.

17. James Madison also wrote as Helvidius to Alexander Hamilton:

Those who are to conduct a war cannot in the nature of things, be proper or safe judges, whether a war ought to be commenced, continued, or concluded. They are barred from the latter functions by a great principle in free government, analogous to that which separates the sword from the purse, or the power of executing from the power of enacting laws.

18. On June 29, 1787, at the Federal Convention, James Madison explained that an executive crowned with war powers invites tyranny and the reduction of citizens to vassalage:

In time of actual war, great discretionary powers are constantly given to the Executive Magistrate. Constant apprehension of War, has the same tendency to render the head too large for the body. A standing military force, with an overgrown Executive will not long be safe companions to liberty. The means of defence agst. foreign danger, have been always the instruments of tyranny at home. Among the Romans it was a standing maxim to excite a war, whenever a revolt was apprehended. Throughout all Europe, the armies kept up under the pretext of defending, have enslaved the people.

19. In a letter dated April 4, 1798, James Madison wrote to Thomas Jefferson:

The constitution supposes, what the History of all Governments demonstrates, that the Executive is the branch of power most interested in war, & most prone to it. It has accordingly with studied care, vested the question of war in the Legislature. But the Doctrines lately advanced strike at the root of all these provisions, and will deposit the peace of the Country in that Department which the Constitution distrusts as most ready without cause to renounce it. For if the opinion of the President not the facts & proofs themselves are to sway the judgment of Congress, in declaring war, and if the President in the recess of Congress create a foreign mission, appoint the minister, & negociate a War Treaty, without the possibility of a check even from the Senate, untill the measures present alternatives overruling the freedom of its judgment; if again a Treaty when made obliges the Legislature to declare war contrary to its judgment, and in pursuance of the same doctrine, a law declaring war, imposes a like moral obligation, to grant the requisite supplies until it be formally repealed with the consent of the President & Senate, it is evident that the people are cheated out of the best ingredients in their Government, the safeguards of peace which is the greatest of their blessings.

20. During the Pennsylvania Convention to ratify the Constitution, James Wilson, a future Justice of the United States Supreme Court, observed:

This system will not hurry us into war; it is calculated to guard against it. It will not be in the power of a single man, or a single body of men, to involve us in such distress; for the important power of declaring war is vested in the legislature at large: this declaration must he made with the concurrence of the House of Representatives: from this circumstance we may draw a certain conclusion that nothing but our national interest can draw us into a war.

21. In 1793, President George Washington, who presided over the Federal Convention, wrote to South Carolina Governor William Moultrie in regards to a prospective counter-offensive against the American Indian Creek Nation: "The Constitution vests the power of declaring war with Congress, therefore no offensive expedition of importance can be undertaken until after they have deliberated upon the subject, and authorized such a measure."

22. President Thomas Jefferson, who served as Secretary of State under President Washington, in a statement before Congress regarding Tripoli and the Barbary Pirates, deemed himself “unauthorized by the Constitution, without the sanction of Congress, to go beyond the line of defense." He amplified: "I communicate [to the Congress] all material information on this subject, that in the exercise of this important function confided by the Constitution to the Legislature exclusively their judgment may form itself on a knowledge and consideration of every circumstance of weight."

23. In a message to Congress in December, 1805 regarding potential military action to resolve a border dispute with Spain, President Thomas Jefferson acknowledged that "Congress alone is constitutionally invested with the power of changing our condition from peace to war, I have thought it my duty to await their authority for using force.” He requested Congressional authorization for offensive military action, even short of war, elaborating:

Formal war is not necessary—it is not probable it will follow; but the protection of our citizens, the spirit and honor of our country, require that force should be interposed to a certain degree. It will probably contribute to advance the object of peace.

But the course to be pursued will require the command of means which it belongs to Congress exclusively to yield or deny. To them I communicate every fact material for their information, and the documents necessary to enable them to judge for themselves. To their wisdom, then, I look for the course I am to pursue; and will pursue, with sincere zeal, that which they shall approve.

24. In his War Message to Congress on June 1, 1812, President James Madison reaffirmed that the shift in language from make to declare in Article I, Section VIII, Clause XI of the United States Constitution authorized at the Constitutional convention did not empower the Executive to involve the United States military in any action aside from defense against an overt attack. Although President Madison was convinced that Great Britain had undertaken acts of war against the United States, he nevertheless maintained that he could not respond with military force without congressional authorization. He proclaimed:

We behold, in fine, on the side of Great Britain, a state of war against the United States, and on the side of the United States a state of peace toward Great Britain.

Whether the United States shall continue passive under these progressive usurpations and these accumulating wrongs, or, opposing force to force in defense of their national rights, shall commit a just cause into the hands of the Almighty Disposer of Events, avoiding all connections which might entangle it in the contest or views of other powers, and preserving a constant readiness to concur in an honorable re-establishment of peace and friendship, is a solemn question which the Constitution wisely confides to the legislative department of the Government. In recommending it to their early deliberations I am happy in the assurance that the decision will be worthy the enlightened and patriotic councils of a virtuous, a free, and a powerful nation.

25. In his Records of the Convention, 2:318; Madison, 17 Aug., James Madison wrote that the power “To declare war” had been vested in the Congress in lieu of the power “To make war” to leave to the Executive “the power to repel sudden attacks.”

26. Mr. Elbridge Gerry “never expected to hear in a republic a motion to empower the Executive alone to declare war,” but still moved with Mr. Madison “to insert declare—in place of make” in Article I, Section VIII, Clause XI. Id.

27. Mr. George Mason was against “giving the power of war to the Executive, because not safely to be trusted with it; or to the Senate, because not so constructed as to be entitled to it. He was for clogging rather than facilitating war; but for facilitating peace.” Yet Mr. Mason “preferred declare to make.” Id.

28. Mr. Roger Sherman “thought [the proposal] stood very well. The Executive shd. be able to repel and not to commence war.” Id.

29. Delegates to the Federal Convention overwhelmingly approved the motion to insert “declare—in place of make,” to deny the Executive power to initiate military action, but to permit the Executive to repel sudden attacks unilaterally. Id.

30. Then Congressman Abraham Lincoln sermonized:

Allow the President to invade a neighboring nation, whenever he shall deem it necessary to repel an invasion, and you allow him to do so, whenever he may choose to say he deems it necessary for such purpose — and you allow him to make war at pleasure…. Study to see if you can fix any limit to his power in this respect, after you have given him so much as you propose. If, to-day, he should choose to say he thinks it necessary to invade Canada, to prevent the British from invading us, how could you stop him? You may say to him, "I see no probability of the British invading us" but he will say to you "be silent; I see it, if you don't."

The provision of the Constitution giving the war-making power to Congress, was dictated, as I understand it, by the following reasons. Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us. But your view destroys the whole matter, and places our President where kings have always stood.

31. Crowning the President with unilateral authority to commence war under the banner of anticipatory self-defense, prevention of civilian slaughters, gender discrimination, subjugation of ethnic or religious minorities, or otherwise would empower the President to initiate war without limit, threatening the very existence of the Republic. Although a benevolent Chief Executive might resist abuse of an unlimited war power, the principle, if ever accepted by Congress, would lie around like a loaded weapon ready for use by any successor craving absolute power.

32. Thomas Paine justly and rightly declared in Common Sense that "in America, the law is king. For as in absolute governments the King is law, so in free countries the law ought to be king; and there ought to be no other."

33. Article 43 Paragraph 3 of the Charter of the United Nations provides that all resolutions or agreements of the United Nations Security Counsel “shall be subject to ratification by the signatory states in accordance with their respective constitutional processes.”

34. Article 43 Paragraph 3 of Charter of the United Nations was included specifically to allay concerns that prevented the United States of America from ratifying the League of Nations Treaty in 1919.

35. That treaty risked crowning the President with the counter-constitutional authority to initiate warfare. On November 19, 1919, in Section II of his Reservations with Regard to Ratification of the Versailles Treaty, to preserve the balance of power established by the United States Constitution from executive usurpation, Senator Henry Cabot Lodge resolved as follows:

The United States assumes no obligation to preserve the territorial integrity or political independence of any other country or to interfere in controversies between nations -- whether members of the League or not -- under the provisions of Article 10, or to employ the military or naval forces of the United States under any article of the treaty for any purpose, unless in any particular case the Congress, which, under the Constitution, has the sole power to declare war or authorize the employment of the military or naval forces of the United States, shall by act or joint resolution so provide.

The rejection of Lodge’s reservations by President Woodrow Wilson and his Senate allies insured defeat of the treaty.

36. Section 2(c) of the War Powers Resolution of 1973 clarifies Presidential authority to undertake military action as follows:

The constitutional powers of the President as Commander-in-Chief to introduce United States Armed Forces into hostilities, or into situations where imminent involvement in hostilities is clearly indicated by the circumstances, are exercised only pursuant to (1) a declaration of war, (2) specific statutory authorization, or (3) a national emergency created by attack upon the United States, its territories or possessions, or its armed forces.

37. In United States v. Smith, 27 F. Cas. 1192 (1806), Supreme Court Justice William Paterson, a delegate to the Federal Convention from New Jersey, wrote on behalf of a federal circuit court:

There is a manifest distinction between our going to war with a nation at peace, and a war being made against us by an actual invasion, or a formal declaration. In the former case it is the exclusive province of Congress to change a state of peace into a state of war.

38. In Geofroy v. Riggs, 133 U.S. 258, 267 (1890), the Supreme Court of the United States held:

The treaty power, as expressed in the Constitution, is in terms unlimited except by those restraints which are found in that instrument against the action of the government or of its departments, and those arising from the nature of the government itself and of that of the States. It would not be contended that it extends so far as to authorize what the Constitution forbids, or a change in the character of the government, or in that of one of the States, or a cession of any portion of the territory of the latter, without its consent.

39. In his concurrence in Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 642-643 (1952), which rebuked President Harry Truman’s claim of unilateral war powers in the Korean War, Justice Robert Jackson elaborated:

Nothing in our Constitution is plainer than that declaration of a war is entrusted only to Congress. Of course, a state of war may in fact exist without a formal declaration. But no doctrine that the Court could promulgate would seem to me more sinister and alarming than that a President whose conduct of foreign affairs is so largely uncontrolled, and often even is unknown, can vastly enlarge his mastery over the internal affairs of the country by his own commitment of the Nation's armed forces to some foreign venture.


40. All treaties are subservient to the exclusive congressional power to commence war. In Reid v. Covert, 354 U.S. 1, 18 (1957), the United States Supreme Court held:

There is nothing in [the Constitution’s text] which intimates that treaties and laws enacted pursuant to them do not have to comply with the provisions of the Constitution. Nor is there anything in the debates which accompanied the drafting and ratification of the Constitution which even suggests such a result.

41. Unconstitutional usurpations by one branch of government of powers entrusted to a coequal branch are not rendered constitutional by repetition. The United States Supreme Court held unconstitutional hundreds of laws enacted by Congress over the course of five decades that included a legislative veto of executive actions in INS v. Chada, 462 U.S. 919 (1982).

42. In their dissent in Hamdi v. Rumsfeld, 542 U.S. 507 (2004), Justices John Paul Stevens and Antonin Scalia recognized the “Founders’ general distrust of military power lodged with the President, including the authority to commence war:

No fewer than 10 issues of the Federalist were devoted in whole or part to allaying fears of oppression from the proposed Constitution’s authorization of standing armies in peacetime. Many safeguards in the Constitution reflect these concerns. Congress's authority "[t]o raise and support Armies" was hedged with the proviso that "no Appropriation of Money to that Use shall be for a longer Term than two Years." U.S. Const., Art. 1, §8, cl. 12. Except for the actual command of military forces, all authorization for their maintenance and all explicit authorization for their use is placed in the control of Congress under Article I, rather than the President under Article II. As Hamilton explained, the President's military authority would be "much inferior" to that of the British King… (Citing Federalist 69, Supra.)

43. On December 20, 2007, then Senator Hillary Clinton proclaimed: "The President has the solemn duty to defend our Nation. If the country is under truly imminent threat of attack, of course the President must take appropriate action to defend us. At the same time, the Constitution requires Congress to authorize war. I do not believe that the President can take military action — including any kind of strategic bombing — against Iran without congressional authorization."

44. Then Senator Joseph Biden stated in a speech at the Iowa City Public Library in 2007 regarding potential military action in Iran that unilateral action by the President would be an impeachable offense under the Constitution:

It is precisely because the consequences of war – intended or otherwise – can be so profound and complicated that our Founding Fathers vested in Congress, not the President, the power to initiate war, except to repel an imminent attack on the United States or its citizens.

They reasoned that requiring the President to come to Congress first would slow things down… allow for more careful decision making before sending Americans to fight and die… and ensure broader public support.

The Founding Fathers were, as in most things, profoundly right.

That’s why I want to be very clear: if the President takes us to war with Iran without Congressional approval, I will call for his impeachment.

I do not say this lightly or to be provocative. I am dead serious. I have chaired the Senate Judiciary Committee. I still teach constitutional law. I’ve consulted with some of our leading constitutional scholars. The Constitution is clear. And so am I.

I’m saying this now to put the administration on notice and hopefully to deter the President from taking unilateral action in the last year of his administration.

If war is warranted with a nation of 70 million people, it warrants coming to Congress and the American people first.

45. In a speech on the Senate Floor in 1998, then Senator Joseph Biden maintained: “...the only logical conclusion is that the framers [of the United States Constitution] intended to grant to Congress the power to initiate all hostilities, even limited wars.”

46. On December 20, 2007, then Senator Barack Obama informed the Boston Globe, based upon his extensive knowledge of the United States Constitution: "The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation."

III.
USURPATION OF THE WAR POWER OVER LIBYA

47. President Barack Obama’s military attacks against Libya constitute acts of war.

48. Congressman J. Randy Forbes (VA-4) had the following exchange with Secretary of Defense Robert Gates during a March 31, 2011 House Armed Services Committee Hearing on the legality of the present military operation in Libya:

Congressman Forbes: Mr. Secretary, if tomorrow a foreign nation intentionally, for whatever reason, launched a Tomahawk missile into New York City, would that be considered an act of war against the United States?

Secretary Gates: Probably so.

Congressman Forbes: Then I would assume the same laws would apply if we launched a Tomahawk missile at another nation—is that also true?

Secretary Gates: You’re getting into constitutional law here and I am no expert on it.

Congressman Forbes: Mr. Secretary, you’re the Secretary of Defense. You ought to be an expert on what’s an act of war or not. If it’s an act of war to launch a Tomahawk missile on New York City would it not also be an act of war to launch a Tomahawk missile by us at another nation?

Secretary Gates: Presumably.

49. Since the passage of United Nations Security Council resolution 1973 on March 19, 2011, the United States has detonated over 200 tomahawk land attack cruise missiles and 455 precision-guided bombs on Libyan soil.

50. Libya posed no actual or imminent threat to the United States when President Obama unleashed Operation Odyssey Dawn.

51. On March 27, 2011, Secretary of Defense Robert Gates stated that Libya never posed an “actual or imminent threat to the United States.” He further stated that Libya has never constituted a “vital interest” to the United States.

52. United Nations Security Council resolution 1973 directs an indefinite United States military quagmire in Libya, authorizing “all necessary measures” to protect Libyan civilians, which clearly contemplates removal by force of the murderous regime of Col. Muammar Qadhafi.

53. In a Letter From the President to the Speaker of the House of Representatives and the President Pro Tempore of the Senate sent March 21, 2011, President Barack Obama informed Members of Congress that “U.S. forces have targeted the Qadhafi regime's air defense systems, command and control structures, and other capabilities of Qadhafi's armed forces used to attack civilians and civilian populated areas. We will seek a rapid, but responsible, transition of operations to coalition, regional, or international organizations that are postured to continue activities as may be necessary to realize the objectives of U.N. Security Council Resolutions 1970 and 1973.”

54. In his March 21, 2011 letter, President Barack Obama further informed Members of Congress that he opted to take unilateral military action “…in support of international efforts to protect civilians and prevent a humanitarian disaster.”

55. President Barack Obama has usurped congressional authority to decide on war or peace with Libya, and has declared he will persist in additional usurpations of the congressional power to commence war whenever he decrees it would advance his idea of the national interest. On March 28, 2011, he declared to Congress and the American people: “I have made it clear that I will never hesitate to use our military swiftly, decisively, and unilaterally when necessary to defend our people, our homeland, our allies, and our core interests” (emphasis added).

56. President Obama’s humanitarian justification for war in Libya establishes a threshold that would justify his initiation of warfare in scores of nations around the globe, including Iran, North Korea, Syria, Sudan, Myanmar, China, Belarus, Zimbabwe, Cuba, and Russia.

57. In Olmstead v. United States, 277 U.S. 438 (1928), Justice Louis D. Brandeis wrote on behalf of a majority of the United States Supreme Court:

Experience should teach us to be most on our guard to protect liberty when the Government's purposes are beneficent. Men born to freedom are naturally alert to repel invasion of their liberty by evil-minded rulers. The greatest dangers to liberty lurk in insidious encroachment by men of zeal, well meaning but without understanding.

58. President Barack Obama has signed an order, euphemistically named a “Presidential Finding,” authorizing covert U.S. government support for rebel forces seeking to oust Libyan leader Muammar Gaddafi, further entangling the United States in the Libyan conflict, despite earlier promises of restraint. Truth is invariably the first casualty of war.

59. In response to questions by Members of Congress during a classified briefing on March 30, 2011, Secretary of State Hillary Clinton indicated that the President needs no Congressional authorization for his attack on the Libyan nation, and will ignore any Congressional attempt by resolution or otherwise to constrain or halt United States participation in the Libyan war.

60. On March 30, 2011, by persistent silence or otherwise, Secretary Clinton rebuffed congressional inquiries into President Obama’s view of the constitutionality of the War Powers Resolution of 1973. She failed to cite a single judicial decision in support of President Obama’s recent actions, relying instead on the undisclosed legal opinions of White House attorneys.

61. President Barack Obama, in flagrant violation of his constitutional oath to execute his office as President of the United States and preserve and protect the United States Constitution, has usurped the exclusive authority of Congress to authorize the initiation of war, in that on March 19, 2011 President Obama initiated an offensive military attack against the Republic of Libya without congressional authorization. In so doing, President Obama has arrested the rule of law, and saluted a vandalizing of the Constitution that will occasion ruination of the Republic, the crippling of individual liberty, and a Leviathan government unless the President is impeached by the House of Representatives and removed from office by the Senate.

In all of this, President Barack Obama has acted in a manner contrary to his trust as President and subversive of constitutional government, to the great prejudice of the cause of law and justice and to the manifest injury of the people of the United States.

Two News Stories Regarding Illinois, Firearms and the idiot Mayor Daley.....


Conceal carry gun bill: Daley keeps up opposition, its sponsor says he's short on votes for it
A House vote preserves Chicago's ability to limit guns

SPRINGFIELD — The debate over whether to allow Illinois residents to carry concealed guns with a permit was waged from the Capitol to Chicago on Wednesday, well ahead of any actual vote on the issue.

Up north, outgoing Mayor Richard Daley warned of a city in which parks, college campuses, malls and other public places could be crowded with gun-toting citizens if the General Assembly passes the conceal carry bill.

Daley said he and Mayor-elect Rahm Emanuel sent a letter urging lawmakers to vote it down.

"Do you want guns at your neighborhood festival or block party? Or in a park, like the one we're here today?" Daley asked at a news conference at the Austin Town Hall Cultural Center, where he was joined by several aldermen and anti-violence advocates. "CTA buses or trains? Do you want students with concealed weapons walking around every college campus in the state?"

The conceal carry legislation cleared a House committee this year but is being fine-tuned. Sponsoring Rep. Brandon Phelps, D-Harrisburg, said he's "three to four votes short right now" and said no vote will happen until late April at the earliest.

"There is definitely a big push from the city of Chicago right now trying to beat this — a huge push," Phelps said.

Also Wednesday, the House defeated a measure that would have taken away Chicago's ability to regulate how people store guns.

The legislation would have specifically given the state exclusive power to regulate firearms and disallow Chicago and other larger cities with home-rule power from establishing their own restrictions. It failed by 10 votes.

Chicago gun restrictions survive House vote
SPRINGFIELD --- House lawmakers today defeated a measure that would have taken away Chicago’s ability to regulate how people store guns, a prelude to an expected spring showdown over a push to allow people to carry concealed weapons.

The debate put on display the Capitol's traditional regional fight over gun rights and gun control, with conservative suburbanites and downstate lawmakers wanting to expand rights and Chicago-area Democrats wanting to restrict access to weapons.

A new dynamic is in place this year because gun rights advocates are reinvigorated following U.S. Supreme Court decisions that struck down some gun-control laws, including Mayor Richard Daley’s ban in Chicago.

City Hall responded with a law that, among other things, allows guns to be kept only in the home and restricting each permit holder in the home to having only one handgun in readily operable condition at a time.

ACORN Pleads Guilty to Voter Registration Fraud in Nevada


The defunct political advocacy group ACORN has pleaded guilty to one count of an election law violation in Las Vegas, Nevada.

ACORN attorney Lisa Rasmussen told Fox News that a plea agreement was worked out with the state attorney general. The violation was for unlawfully providing compensation for registering voters based on the total number of people registered. Sentencing for the organization is set for Aug. 10, and the potential fine is a maximum of $5,000.

ACORN itself was named as a criminal defendant in the case for allegedly running an illegal voter registration scheme called "21," or "Blackjack," which paid ACORN workersarned bonuses based on the number of voters they registered in Nevada during the 2008 election.

This is the only case in the country in which ACORN itself was named as a felony defendant. The organization, a one-time community-based activist group, filed for Chapter 7 bankruptcy after dozens of its workers allegedly committed voter fraud in cases that led to numerous convictions.

The deputy regional director of ACORN, Amy Busefink, was sentenced to a year of probation in January after she pleaded the equivalent of a no-contest to two misdemeanor counts of conspiracy in relation to the voter registration payment plan.

ACORN field director Christopher Edwards copped a plea with prosecutors and agreed to testify against Busefink and ACORN.

The original complaint filed in May of 2009, included 26 counts of compensation for registration of voters, a felony At the time Nevada Secretary of State Ross Miller, a Democrat, said at the time that "we would be aggressive in our pursuit and prosecution of any fraudulent activity that might threaten the integrity of the election process."

Among the fake names proseuctors said that were filed by ACORN were Dallas Cowboys Tony Romo, along with other members of the team.

ACORN has long faced criticism after dozens of its workers allegedly committed voter registration fraud during the 2008 election. The group dissolved amid falling revenues last year after conservative activists posing as a pimp and prostitute caught some of its workers offering tax advice to them.

Have you seen this thug? Cops seek weapon-wielding subway punk

What does New York have in common with Chicago? Male Black Public Transit Robber who loves to rob white people of their electronic devices!
Photo: Footage from a subway surveillance camera shows the thug entering a station wearing a black jacket, a red-hooded sweatshirt with a white stripe, jeans and construction boots.

A punk often brandishing a gun or knife has been preying on teens in the Manhattan subway and cops are appealing to the public for tips.

The robber struck seven times in five weeks, taking his victim's cellular telephones and iPods, police said. The youngest victim was a 15-year-old boy while the oldest was 18 years old.

Footage from a subway surveillance camera shows the thug entering a station wearing a black jacket, a red-hooded sweatshirt with a white stripe, jeans and construction boots.

Detectives said he's between 18 and 22 years old, about 5-foot-3 inches and between 130 and 150 pounds.

The young man generally follows victims from the train onto the platform or street, where he engages in small talk before displaying a handgun or knife, police said. Most robberies took place in the morning rush hour, though two occurred in the afternoon.

In the last incident, at 2:30 p.m. on March 30, the robber followed a 16-year-old boy from Broadway and East Houston St. into the F-train station, where he flashed a black handgun and took the boy's cell phone, police said.

Through February this year, there were 127 robberies in the 468-station system, nine fewer than the same period last year, according to police statistics.

Anyone with information is asked to call Crime Stoppers at 800-577-TIPS (8477). All cars are confidential, police said.

So all Chucky Ramsey was doing was using the threat of coming back to CPD to squeeze Philly for more money!

PHILADELPHIA (AP) — Police Commissioner Charles H. Ramsey, who had been in talks with Chicago Mayor-elect Rahm Emanuel about the top police job there, said Wednesday that he will remain in Philadelphia.

“This was a very, very tough decision,” Ramsey said, adding that he opted to stay in Philadelphia after talking with his family. “It's just the right thing to do. … We've done a lot, but we've got an awful lot more to do.”

Last month, Ramsey said that he been in talks with Emanuel, the former White House chief of staff who won election in February, about taking command of that city's police department.

Philadelphia Mayor Michael Nutter said Ramsey did not make an issue of money, but the city will raise his compensation from $195,000 a year to $255,000.

Ramsey began his career in Chicago, rising to deputy superintendent before leaving to be chief of police in Washington in 1998. He moved to Philadelphia in 2008.

Speculation about Ramsey began swirling in March when Chicago Police Superintendent Jody Weis, the former head of the FBI field office in Philadelphia, finished his contract.

A nine-member police board is searching for a successor to Weis and will offer up three candidates to Emanuel, who takes office in May.

Illegal Drunk Teen Beaner gets 5 yrs in prison and deportation for flying his car into a house killing a woman sleeping inside the house


The unlicensed teen who drunkenly crashed through a Bolingbrook apartment building last year, killing a woman asleep on her bed, was sentenced Wednesday to five years in prison and will likely be deported when he is released.

Josefina Propero, 48, and her boyfriend, Juan Nicholas, 50, were asleep in their bed at the Riverstone Apartments complex last November when a 2002 Chevy Blazer tore through the window of their garden apartment about 2:20 a.m. The vehicle overshot Nicholas but Propero's head and torso were crushed under one of its tires.

Nicholas told police that the driver, Luis Benito, 17, tried to run away and that Nicholas had to hold him until police arrived, according to court records.

In a surprise twist Wednesday, Nicholas wrote a letter of support for Benito, calling him "a hard worker and a very respectable person." Benito's public defender said Nicholas is Benito's grandfather. Both families lived in the Riverstone complex.

Benito told police after the crash that he was drinking beers with his cousin and a friend for more than an hour that night at his mother's apartment, court records state. He and his cousin then took the SUV, which is owned by his mother's boyfriend, Lorenzo Martinez, to a nearby bar, Rancho Santa Fe.

A bouncer at the bar said he saw Benito doing doughnuts in the parking lot and said Benito drove straight at him, forcing him to dodge, after he shone a flashlight at him. A few minutes later, Benito lost control of the SUV, tore up a hill and slammed into his grandfather's apartment. He told police he was trying to escape a blue vehicle that followed him from the bar.

Benito's blood alcohol level was .204, over twice the legal limit. He pleaded guilty in January to two counts of aggravated driving under the influence.

"What we have here, your honor, is a person who is not in the country legally," said Assistant Will County State's Attorney Fred Harvey. "His acts led to the death of someone asleep in their own home."

Benito's mother, Leticia Diaz, said her son worked two jobs –– in a warehouse and as a busboy at the White Fence Farm restaurant near Lemont, to help support her four other children in Mexico.

"I can't begin to stress how bad I feel," Benito told Judge Amy Bertani-Tomczak through a translator. "I made a mistake, and I'm very sorry and regretful for it."

No one spoke at the hearing for Prospero, who had recently arrived in the U.S. from Mexico and was working as a housekeeper at a Comfort Inn in Romeoville.

Bertani-Tomczak said she took into account Benito's age and the pressures he faced in working two jobs before imposing a five-year sentence. Benito, who turns 18 this weekend, must serve almost four years in prison at minimum.

An agent for the Riverstone Apartments is suing his mother and her boyfriend for $18,000 in damages caused by the crash.

Third White Woman from Oak Park attacked, choked & robbed by a male black robber


A third Oak Park woman has been attacked by a man who approached from behind and began choking his victim.

At 11:41 p.m. Monday, a woman was walking near her home on the 200 block of North Oak Park Avenue when an assailant, described as a male in his 20s, 5-feet, 10-inches tall wearing a black hat and a blue fleece jacket, grabbed her from behind and put her in a choke hold, according to Oak Park police reports. (Oak Park is too liberal to mention the offender in all these robberies is a MALE BLACK but my sources have confirmed it)

The man said, “All I want is your money” and knocked the woman to the ground, according to reports. He then ripped the purse from her hand, causing the strap to break, and fled on foot. Two other women were attacked under similar circumstances March 28 and April 2.

The attacks all follow a similar pattern. The women were assaulted sometime around midnight near their home or workplace. In all three incidents, they were surprised from behind and choked by a man.

In the March 28 incident, a man demanded money and made off with a cell phone and cash. In the April 2 attack, the woman immediately began screaming and kicking and a man fled empty-handed.

After the second attack, police said they weren’t sure it if was the same man who committed both crimes, especially because there was no description in the first attack because the victim did not get a good look at the robber.

Police representatives could not be immediately reached for comment on the third attack.

Cops bust Ohio man for barking at police dog; man insists 'dog started it'

Man busted for barking at police dog; man insists 'dog started it' Cops charged drunken Ohio man with taunting a poor police pup.

Cops have charged a drunken Ohio man with taunting a poor police dog by barking in its face.

Officers had been investigating a car accident Sunday at a bar in Mason, Ohio, when they heard their K9 partner - named Timber - barking from inside a police cruiser.

When they returned to the car they found a highly intoxicated Ryan James Stephens, 25, barking and hissing at the pooch through the window.

"Timber responded as trained and started to bark," Officer Bradley Walker wrote in his report.

Stephens insisted, "The dog started it."

He was given a ticket and released to the custody of a bar employee who drove him home.

Not sure if your going to believe this or not.... All of the homicides and shootings last night were in black Chicago neighborhoods..... again...

Teen shot riding stolen bike on Northwest Side
A 15-year-old boy was shot riding his bicycle Tuesday evening in the Belmont Cragin neighborhood on Chicago's Northwest Side, officials said.

Shortly after 7 p.m., the teen was riding his bike on the 2500 block of North Lockwood Avenue when he heard gunshots, police said.

Soon after, he felt pain in his left side and realized he had been shot.

The boy was taken in fair condition to Advocate Illinois Masonic Medical Center.

As of 11:30 p.m., no one was in custody for the shooting, police said.

Grand Central Area detectives were investigating.


Boy wounded in Far South Side shooting
A 13-year-old boy was shot in his thigh Tuesday night while playing basketball with a relative in the Far South Side's Roseland neighborhood, Chicago police said.

The boy was taken to a local hospital where, police say, he's in good condition.

Police believe the shooter may be a member of a gang that rivals another in that area, they said, adding the boy may have been mistakenly targeted.

The shooting happened about 8:40 p.m. in the 0-99 block of East 113th Place.

Police News Affairs Officer Hector Alfaro could not confirm the boy's age or the circumstances behind the shooting.

No arrests have been made.


Man seriously wounded in gas station shooting
A 33-year-old man with a long arrest record for drug possession was shot and severely wounded Tuesday night while sitting in a car at a gas station in the Greater Grand Crossing community on the South Side.

The man has shot multiple times at the station in the 7000 block of South State Street and was taken to Advocate Christ Medical Center in Oak Lawn, where he was reported in critical condition, said Police News Affairs Officer Laura Kubiak.

Shortly before 9 p.m., the victim was sitting in the car with a woman when his assailant--described as wearing a black jacket and a ski mask--approached it, police said. The assailant opened fire on the man and fled the scene.

The wounded man was able to drive west from the scene before stopping more than three miles away at West 67th and South Rockwell Streets, from where an ambulance transported him to Advocate Christ.

No one was in custody for that shooting.



Gang beats, robs man on Near North Side
A suspect was being questioned this morning after a group of at least six men beat a man and took his cellphone on the Near North Side.

The robbery took place about 8 p.m. Tuesday near the intersection of Wabash Street and Chicago Avenue, said Police News Affairs Officer Robert Perez.

The group approached the victim and tried to take his cellphone. When he refused to give it up and began to struggle with the men, they beat him, Perez said.

The man suffered lacerations to his face, arms and body. He was taken to Northwestern Memorial Hospital where his condition has been stabilized, said Perez.

One of the robbers was found in a nearby McDonald's restroom. He was identified by a witness who alerted police after seeing the attack, police said. The witness told police the group of men attacked the victim between two parked cars on Wabash.

The suspect was taken into police custody, but no charges have been filed.

The other suspects were still at large this morning Perez said.


Morgan Park softball player shot after game
A 14-year-old softball player from Morgan Park High School was shot in her leg after a game at a park next to the Far South Side school Tuesday night, according to Chicago police.

The girl was taken to MetroSouth Medical Center in Blue Island, where she was treated and released, said Police News Affairs Officer Laura Kubiak.

The "frosh/soph" teams from Morgan Park and the Chicago International Charter School - Longwood had just played a softball game in Oakdale Park next to Morgan Park at 1744 W. Pryor Ave. and were packing up a little after 6 p.m., police said.

A gunman -- described as 6 feet tall, about 20 and about 250 pounds -- opened fire and hit the girl in the lower right leg. No one else was wounded.

Police said the Morgan Park players were celebrating after defeating the Longwood team.

No one was in custody.



Cops: Woman kills man after STD scare
A 21-year-old woman has been accused of shooting and killing a 40-year-old man in his Chatham apartment in February after finding out she may have contracted a sexually transmitted disease from him, according to Chicago police. The woman found her vagina to be discharging a smelly discharge and severely itchy.

Ashley Nicole Steele, of the 4700 block of South Langley Avenue, was charged Tuesday with first-degree murder in the slaying of Derrick Gray, 40.

On Feb. 4, Steele and a companion went over to Gray's home in the 8200 block of South Langley, police said.

At one point during the confrontation, Gray went to the bathroom and while he was inside it with the door closed Steele allegedly got hold of a gun belonging to him and opened fire through the door, police said.

Shortly before midnight that night, police arrived to the residence and were initially unable to get in and had to call firefighters to the scene to break down a door.

Officers found Gray face down inside with a fatal gunshot wound to the head, and he was dead on the scene.

Court information for Steele wasn't immediately available.