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From: Doug Fiedor <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject: [newsucanuse] Heads Up
Date: Saturday, April 01, 2000 6:38 PM
Heads Up
A Weekly View from the Foothills of Appalachia
April 02, 2000 #177
by: Doug Fiedor [EMAIL PROTECTED]
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IMPEACHMENT TIME AGAIN
Let the impeachments begin. And yes, that
was written plural intentionally. Congress should stop all
other work and handle multiple impeachments simultaneously.
The Reno Justice Department, and everyone in
it, should be forever banished from both government and the
practice of law. They are not just dishonest, they are
actually using the power of the Justice Department to
obstruct justice -- in an ever expanding number of cases.
The Senate Finance Committee has enough
information on Clinton and Gore to start impeachment
hearings. The Thompson Committee on Government Affairs
does, too. There is still that outstanding matter concerning
the $1.7-million "Centralized White House Computer System."
And there is the Cox Committee.
When is enough enough?
And, Henry Hyde and his House Judiciary
Committee surely cannot be done yet. For them to quit
amounts to total negligence and would be a blatant affront
to the law they expect the American people to respect. We
are about to hear a lot more on that in a few weeks, too.
David Schippers, Rep. Hyde's hand picked chief investigative
counsel, was a bit upset that the Committee refused to do
its job properly and promises to shine a little light on the
subject in a book to be released soon.
There are also a number of newly exposed crimes
that are worthy of impeachment hearings. At least two of
these are known as a direct result of the good works of
Judicial Watch and the legal tenacity of Larry Klayman.
Last week, Judicial Watch (http://www.judicialwatch.org)
reported:
"The finding of the U.S. District Court for
the District of Columbia that President Bill Clinton
committed a crime in violating the privacy rights of
Kathleen Willey, will go down as a first in American
history. The landmark decision by the Court surpasses the
decision by Judge Susan Webber Wright, who never found
criminal wrongdoing by the president in Paula Jones'
lawsuit. Chairman and General Counsel Larry Klayman says
the criminal ruling bolsters Judicial Watch's $90 million
class action lawsuit on Filegate by showing a pattern of
similar misconduct. 'It raises an evidentiary inference
that Filegate really occurred,' Klayman said."
Also last week, Rep. Dan Burton and his House
Government Reform Committee got an earful when White House
counsel Beth Nolan did everything but stand up and confess
that there is an ongoing conspiracy among the upper echelon
at the White House to withhold information subpoenaed by
Congressional committees, the independent counsel and
others.
Nolan, an attorney, said her predecessor did
not recognize that a computer glitch failed to capture and
record hundreds of thousands of e-mails. That's a bald-
faced lie, of course. But, let's examine what she said
anyway:
The White House probably has as many lawyers
per square foot as anyplace else in the world. All these
lawyers are there for one reason and one reason alone: they
want enough power to be able to control the lives of the
American people.
Anyway, there sits Nolan telling the House
Government Reform committee that lawyers like White House
Counsel Charles Ruff, and a dozen others, were so stupid
they did not realize that hundreds of thousands of
subpoenaed e-mails that were wanted by investigators
probing the Lewinsky and campaign finance scandals were
missing.
Sure.
So, who is totally stupid here, most of the
White House staff because the story is true, or us for even
considering it could be true? Because, either way, it's
impeachment time again.
Making matters worse, Nolan told the committee
that the White House just hired an independent contractor
to go through backup tapes of the e-mails and restore them
to a searchable format so they can respond to subpoena
requests. She said that will take about 170 days to
reconstruct e-mail back-up tapes and conduct a thorough
search.
We have a better idea: Contact a high school
computer club and offer them two thousand bucks to get it
done and double if it's done next week. They will have the
completely searchable database ready within days.
On top of all this comes the Justice Department's
obstructers of justice. The Justice Department said it just
learned of this and so launched a criminal probe into
charges that the White House, once it recognized the
problem, failed to hand over relevant e-mails to various
scandal investigators and threatened computer workers to
keep the conspiracy quiet. So, Justice wants everyone else
to back off while they conduct their investigation.
What a farce! How many "open" White House
investigations does Justice still have in progress? It's
quite a few.
But, Larry Klayman, the "people's Independent
Counsel" started the ball rolling without Justice. Last
week, he informed the judge hearing many of these cases,
Judge Royce Lamberth, that the White House has tampered
with key evidence in the probe.
"Based on the testimony of Beth Nolan, White
House counsel, it has been revealed that contrary to your
orders, the Clinton-Gore White House has been testing
and/or altering evidence which you placed into the custody
of Charles Easley. In fact, as a result of this, information
from the now infamous 'zip' disk was harmed."
The judge was already loosing his patience
with all the foot dragging and lies by White House staff,
so we look for some fireworks to be forthcoming.
Meanwhile, let the impeachments begin.
-----------------------------
For more information, see three excellent pieces
in Insight Magazine by Paul M. Rodriguez at:
http://www.campaignscoop.com/insight/item50.shtml,
http://www.insightmag.com/archive/200003334.shtml and
http://www.insightmag.com/cgi-bin/ViewNews.cfm?Item=49
THE STOP AND FRISK RULE CHANGES
Back in the 60s there was a case called
Terry v. Ohio (392 U.S. 1 (1968)) in which the United
States Supreme Court trashed our Fourth Amendment rights.
Chief Justice Warren delivered the opinion of the Court
starting out by saying: "This case presents serious
questions concerning the role of the Fourth Amendment in
the confrontation on the street between the citizen and the
policeman investigating suspicious circumstances."
However, he then sacrificed the Constitution in favor of
instant police searches; to wit:
"We merely hold today that where a police
officer observes unusual conduct which leads him reasonably
to conclude in light of his experience that criminal
activity may be afoot and that the persons with whom he is
dealing may be armed and presently dangerous, where in the
course of investigating this behavior he identifies himself
as a policeman and makes reasonable inquiries, and where
nothing in the initial stages of the encounter serves to
dispel his reasonable fear for his own or others' safety,
he is entitled for the protection of himself and others in
the area to conduct a carefully limited search of the outer
clothing of such persons in an attempt to discover weapons
which might be used to assault him."
Needless to say, some police officers can
usually find a reason to "pat down" nearly anyone. In
some cities the "Terry Search" has become more or less
some street officers' standard way of greeting the average
citizen. It is also not uncommon for police to stop people
just to pat them down and see what they can find. In some
neighborhoods, that might not be a bad idea. Nevertheless,
that does not make it any more Constitutionally correct.
So, even though most public officials are very
poor at following Supreme Court rulings, that "Terry
Search" thing immediately caught on like wildfire and the
oath of office to protect and defend the Constitution, which
includes the Fourth Amendment, was soon forgotten.
Anyway, in some places, officers will pat down
anyone, for any reason, just because they feel like it. So,
when Florida officers stopped to frisk a teenager,
known as J. L., waiting at a bus stop and found the kid
had a gun, they arrested him. Their reason for the stop
was said to be an "anonymous" telephone call. Regardless,
the court bought into the "reason" for the search and went
on from there. Justice Ginsburg wrote for a unanimous
Court, in part:
"The anonymous call concerning J. L. provided
no predictive information and therefore left the police
without means to test the informant's knowledge or
credibility. That the allegation about the gun turned out
to be correct does not suggest that the officers, prior to
the frisks, had a reasonable basis for suspecting J. L. of
engaging in unlawful conduct: The reasonableness of
official suspicion must be measured by what the officers
knew before they conducted their search. All the police
had to go on in this case was the bare report of an
unknown, unaccountable informant who neither explained how
he knew about the gun nor supplied any basis for believing
he had inside information about J. L."
And there we go: "The reasonableness of
official suspicion must be measured by what the officers
knew before they conducted their search." An officer must
have at least some suspicion that the person to be searched
was probably involved in a crime of some sort. Simply
standing at a bus stop just doesn't get it. That is not yet
a crime.
The strict authoritarians from the State of
Florida and the Justice Department, of course, said that
the standard "Terry" rule should be modified to include a
"firearm exception." The Court, however, would have no
part of that:
"Firearms are dangerous, and extraordinary
dangers sometimes justify unusual precautions. Our
decisions recognize the serious threat that armed criminals
pose to public safety; Terry's rule, which permits
protective police searches on the basis of reasonable
suspicion rather than demanding that officers meet the
higher standard of probable cause, responds to this very
concern. But an automatic firearm exception to our
established reliability analysis would rove too far. Such
an exception would enable any person seeking to harass
another to set in motion an intrusive, embarrassing police
search of the targeted person simply by placing an
anonymous call falsely reporting the target's unlawful
carriage of a gun. Nor could one securely confine such an
exception to allegations involving firearms. Several
Courts of Appeals have held it per se foreseeable for
people carrying significant amounts of illegal drugs to be
carrying guns as well. . . . If police officers may
properly conduct Terry frisks on the basis of bare-boned
tips about guns, it would be reasonable to maintain under
the above-cited decisions that the police should similarly
have discretion to frisk based on bare-boned tips about
narcotics."
Police do that already. But, that's another
problem.
So, the bad news is that the "Terry" rule still
stands. The good news is that even that atrocious rule has
some limits.
-----------------------------
Florida v. J. L may be found at:
http://laws.findlaw.com/US/000/98-1993.html
Terry v. Ohio may be found at:
http://laws.findlaw.com/US/392/1.html
IN SUPPORT OF "ORIGINAL INTENT"
As summer approaches, so do some of our flag
flying holidays. To me, that is a time to make a statement
all can see.
I will never, ever, fly the American Flag
upside down unless I intentionally wish to call for
immediate help. Anyway, if the truth be known, I do not
even own a full sized, 50 star, American flag to fly. I
have another American flag that better represents our
Constitution and the original intent of the Founding
Fathers. In these days of wayward big government
oppression, my flag makes a statement.
As legend has it, a secret committee from the
Continental Congress called upon a Philadelphia seamstress
in late May or early June of 1776. Two of the men knew the
woman from church and the general among them had used her
services many times to adjust and repair his personal
clothing.
Those representatives were George Washington,
the head of the Continental Army; landowner Robert Morris,
perhaps the wealthiest man in the Colonies back then; and
Colonel George Ross, a respected citizen of Philadelphia
and the uncle of the woman's recently deceased husband.
At that time, the various colonies and militias
used many different flags. Some were (are) famous, such
as the striped "Rattlesnake" and "Grand Union" flags or
the "Liberty Tree" flag. Most were, however, confusing.
Anyway, as the story goes, the Congressional
Committee wanted to commission the woman to make a flag.
General Washington drew her a rough design of the flag they
had in mind. And, Elizabeth Griscom Ross (1752-1836) was
entrusted with making our first flag.
That July, the Declaration of Independence
was read aloud for the first time at Independence Hall. On
June 14, 1777, the Continental Congress, seeking to promote
national pride and unity, adopted the national flag with a
simple resolution: "Resolved: that the flag of the United
States be thirteen stripes, alternate red and white; that
the union be thirteen stars, white in a blue field,
representing a new constellation."
Actually, some accounts report that the Betsy
Ross flag was not officially sanctioned until the early
1790s. Yet, those same accounts also discount what
happened to the one mentioned in the resolution of 1777.
And it is true that, for a time, there was a flag available
with thirteen "staggered" stars. However, there are also
written accounts that Betsy Ross made flags for about 50
years. So, for many reasons, our vote goes for the easily
identifiable Betsy Ross version.
We should note, too, that the thirteen star flag
is still a legal American Flag and must always be treated
as such.
On special occasions, below the Betsy Ross
version of the American flag, I chose to fly the 1775
version of the Culpeper flag. Mine is a full sized silk
version, so I am very careful with it.
The Culpeper flag is easily identifiable
because of the large coiled rattlesnake and the words
"LIBERTY OR DEATH -- DON'T TREAD ON ME".
The original Culpeper flag is said to be the
flag of Colonel Patrick Henry's First Virginia Regiment,
about 1775. As another story goes, in the fall of 1775, a
Colonel Stevens assembled three hundred minutemen in
"unusual dress" at Culpeper Court House and marched for
Williamsburg.
That must have been an eventful march, too.
Because, it was said that their "unusual dress" frightened
many people along the way. The words "Liberty or Death"
were written in large white letters across the front of
their shirts. There was also word that many of them had
bucks' tails in their hats and tomahawks and knives in
their belts for scalping.
Later, in one iteration or another, the
Culpeper flag could be found used as the colors of various
Revolutionary War fighting groups. And, although it is not
a "legal" American flag, it most certainly deserves to be
treated with respect.
So, there you have it. On National Holidays
and special occasions, I will fly flags that are unique to
the history of our country. These are the flags from a
better time: A time when the word liberty had meaning.
A time when honor and integrity in government meant
something. A time when, if government did not behave
properly, there were severe consequences. A time when
men didn't quietly whine, they acted.
These flags are easily available -- even over
the Internet. And, for good reason, they are again becoming
popular.
SAVE THE MOSQUITOS
By: Jim Rarey
The fight to protect the dwindling number
of species on earth has completely overlooked the plight
of mosquitos. Not only is there no organized group
rallying to their defense, there is a concerted effort to
completely eradicate them.
Over the years, mosquitos have been unfairly
maligned as the cause of various diseases. They do not
cause a disease. They merely become unfortunate carriers
of infections, just as humans transmit the common cold and
other ailments. Do we kill people who carry various
viruses like tuberculosis, smallpox, aids, etc.? No, we
develop vaccines to fight the disease itself. Yet, in the
case of mosquitos, we kill the carrier.
In California, for instance, state government
has created "Mosquito Abatement Districts" which
actually tax the people to finance the killing of mosquitos.
These districts employ a particularly gruesome strategy in
killing unborn mosquitos by spraying their breeding grounds
(wetlands) with killer chemicals. Where are the tax
protesters on this issue?
But help is on the way. The courageous Clinton
administration has been waging a battle against destruction
of the breeding grounds, mainly through the Environmental
Protection Agency (EPA). Using his executive authority,
the president has now enlisted the Defense Department in
the fray. The army has established an Environmental Center
at Maryland's Aberdeen Proving Ground and a deputy
undersecretary of defense for environmental security. The
Army Corps of Engineers has had their authority greatly
expanded to include protection of wetlands on private
property as well as federal property.
Another hopeful sign is the multimillion dollar
inventory of plant species in the U.S. conducted by the
Department of Interior last year. Preliminary indications
are that the number of known species has tripled, with
many of them being of the endangered variety. This should
lead to declaring millions of acres of public and private
land off-limits to rapacious developers.
However, without the support of the public,
all of these efforts may fail. The EPA must redouble its
efforts in this area by providing more "seed money" to
create more non-governmental organizations (NGO's) across
the country to generate public support.
Mosquitos can be saved, but not without that
groundswell of public support.
-----------------------------
Jim Rarey, publisher of the "Medium Rare"
newsletter, is a free lance writer based in Romulus,
Michigan. If you would like to receive Medium Rare
articles directly, please contact Jim at
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