Legal experts and prosecutors are concerned about the results of last month's U.S. Supreme Court ruling that requires lab analysts to be in court to testify about their tests. Lab sheets that identify a substance as a narcotic or breath-test printouts describing a suspect's blood-alcohol level are no longer sufficient evidence, the court ruled. A person must be in court to talk about the test results.
The opinion, written by Justice Antonin Scalia, has prosecutors and judges shaking their heads in disgust and defense lawyers nodding with satisfaction at the notion that the Constitution's Sixth Amendment guarantee that defendants "shall enjoy the right . . . to be confronted with the witnesses against him" is not satisfied by a sheet of paper.
#1
it will cost $ but in high-profile cases, this was already done when results were questionable. I agree it is a hassle, but a piece of paper isn't a witness
Posted by: Frank G ||
07/15/2009 20:06 Comments ||
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#2
Agree on point, but once the court validates the credentials and validity of the technicians and their process in one case, that should not be a subject to be raised by defense in any subsequent case and not subject to challenge every single time they testify.
#3
Disagree. It's hard to cross-examine a piece of paper. Enough unscrupulous, meglomaniacal prosecutors out there. Ask the Duke lacrosse team. That's why we get to confront our accusers.
#5
good point on the speed/red light cams. Periodic calibration and certification is usually required/frequently overlooked. It's a revenue public safety thing.
I think that in most court cases, stipulation on lab/tech quals would work for DNA and other tests.
Posted by: Frank G ||
07/15/2009 21:04 Comments ||
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#6
Not so fast, Frank
In drug cases, more than 1.5 million samples are analyzed by state and local labs each year, resulting in more than 350,000 felony convictions, national statistics show. "Even if only 5 percent of drug cases culminate in trials, the burden on the states is oppressive," a group of state attorneys general wrote in a brief for the case.
The percentage of cases going to trial could well go up if defense lawyers think that bringing lab analysts to court will help their cases. Lawyers also could go to trial with the hope of a dismissal if the analyst cannot be there.
#8
SCOTUS is right. There are a hundred ways to bias a test while following the protocol. If prosecutors need to prioritize their prosecutions, then that is ok with me.
#9
if there weren't issues pro/con, it wouldn't have reached SCOTUS. My paragraph snap analysis was prolly 1/1000th of the submitted argument. If Scalia was the opinion lead, I'd assume it's wise (he's not a pretentious Latina)
Posted by: Frank G ||
07/15/2009 22:21 Comments ||
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#10
I agree with the ruling. I had a friend that got a false positive on a drug test and it almost took an act of congress to get the damn thing reversed. Once the paperwork was looked at, it seemed the lab mixed up some results and the error nullified some 150 tests since no one knew for sure who was who's.
If you are gonna convict someone, you have to put the burden of proof on the state and the state has to make a damn good case on why we are taking away someone's freedom.
Use of this technology will require proof that the lab acted in a verifiable and consistent manner for the test to be submitted as evidence so we can say that reasonable doubt has been removed and that person's test is valid, belongs to that person and can be used against them.
Sucks to be the prosecutor, but that is why you don't file charges unless you are damn sure you can win the case.
#12
Gotta agree with SCOTUS on this one. Even the bigger cities have, um, problems with their labs.
(Nope, not sayin' nuthin' specific, either. All I know is....I'd demand to cross examine any lab tech performing any test that could cost me money and/or freedom. And that's all you is gonna get from me.)
#13
In Detroit, the mayor and the chief of police shut down the city's crime lab because an outside audit turned up (pardon the technical term!) suck-ass results and procedures.
#2
Thank goodness the bakery was already shut down and the business dissolved before this discovery. These people were gang bangers with a religious face.
Yeah, a day late and a dollar short on reporting. However, while the national media conducted a Roman circus on the passage of an entertainer, one of those who did his part in actually making our world possible passed with little notice or accolades that he truly earned. Currahee! Darrell Shifty Powers. Thank you for your part in delivering us from evil.
#1
Darrell "Shifty" Powers, 86, of Shifty Lane, Clinchco, Va., passed away Wednesday June 17, 2009 at Wellmont Regional Hospital, Bristol, Tenn., after a courageous battle with cancer.
He was a charter member of Clinchco Missionary Baptist Church. Shifty was a veteran of World War II, having served in the 101st Airborne, 506 Parachute Infantry Regiment. He was a member of the famed Easy Company whose exploits received worldwide recognition in "Band of Brothers," a book by historian Stephen Ambrose, and miniseries produced by Tom Hanks and Stephen Spielberg. Shifty dropped behind enemy lines in Normanday on D-Day. He also participated in all of Easy Company's battles including Operation Market Garden, Battle of the Bulge, and the capture of Hitler's Eagles Nest.
Darrell was preceded in death by his parents Barnum and Audrey Colley Powers; brothers, James, Barnum and Frank Powers; and a great-grandson Gavin Johnson.
Survivors include his loving wife of sixty years, Dorothy; son, Wayne (Sandy) Powers of Clinchco, Va., daughter, Margo (Seldon) Johnson of Bristol, Va., sister, Gaynell (Clair) Sykes of Roanoke,Va.; sisters-in-law, Ann Powers of Clintwood Va., Betty Powers of Greenville, Tenn.; four grandchildren, Clay (Kayla) Powers, Dove Powers, Jake (Dawnyale) Johnson and Luke (Amanda) Johnson; two great-grandchildren, Caden Powers and Cooper Powers; several nieces and nephews; several great-nieces and nephews; and special family friends the Robinettes, Carol, David and Tammy and Suzanne Axtell.
Pallbearers will be Jake Johnson, Luke Johnson, Clay Powers, David Robinette, Johnny Sykes, Mike Strouth and John Wesley Hawkins. Honorary pallbearers will be Ben Sutherland, Claire Sykes, Tim Thomas, Wayne "Pappy" McCowan, Shang-Hi Nichols and Mickey Taylor.
The family will receive friends on Friday June 19, 2009, from 5:00 to 7:30 p.m., followed with a song service at 7:30 in the Mullins Funeral Home Chapel, Clintwood Va. Funeral services will be conducted on Saturday June 20, 2009 at 1:00 p.m., with Pastor Randy Moore officiating. Graveside services with Military Honors will be conducted by Francis Marion VFW post 4667 at Temple Hill Cemetery.
Posted by: Deacon Blues ||
07/15/2009 11:33 Comments ||
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#4
RIP, indeed. Haven't read the book yet, but the miniseries is worth your time. Watch it by yourself, though, because the intro will make you all weepy. God bless 'em all.
#1
"Most of them stayed in the hotel rooms but there were a few who got on a bus and stayed at the nearby Travelodge," said Mr Bond.
That's the perfect deflating detail. Takes a group pretending to something along the lines of a postmodern Hellfire Club and leaves them sounding utterly bridge-and-tunnel banal.
Posted by: Mitch H. ||
07/15/2009 15:43 Comments ||
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The traditional throwing of a bride's bouquet for luck ended in disaster at an Italian wedding when the flowers caused a plane to crash.
I hate when that happens ...
The bride and groom had hired a small plane to fly past and throw the bouquet to a line of women guests, Corriere della Sera reported. However, the flowers were sucked into the plane's engine causing it to catch fire and explode.
The aircraft plunged into a hostel. One passenger on the plane was badly hurt. But about 50 people who had been in the hostel escaped unscathed, as did the pilot.
The incident happened at Montioni park in Suvereto, near Livorno, where the wedding reception was being held, Corriere della Sera said.
A passenger on the aircraft, named as Isidoro Pensieri, 44, had the job of throwing the bouquet as pilot Luciano Nannelli flew past. It is believed the bunch of flowers became entangled as it was thrown, and was sucked into one of the engines. Mr Pensieri suffered multiple fractures and a head injury. He was taken to hospital in Grosseto by helicopter and then transferred to another in Pisa, Italian media reported.
They're going to dine out on that story for years. A good thing, because I can't imagine anyone's insurance covered that, even in Europe.
Posted by: Steve White ||
07/15/2009 00:00 ||
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Someone has to say it, and it might as well be me:
"As God is my witness, I thought bouquets could fly."
Our friends on Green Inc. have posted on a vote in the Australian town of Bundanoon to "ban bottled water to reduce carbon dioxide emissions associated with bottling and transporting the water":
Huw Kingston, a local businessman and the organizer of a campaign group, Bundy on Tap, said that 400 people turned up to the Bundanoon Memorial Hall to vote in favor of the ban, with only two casting dissenting votes, according to a report.
Free water fountains would be installed in the town to replace the bottled water, the report said.
Free water fountains are a good idea anyway. That was one of the things I missed when we lived in Europe.
Meanwhile, city workers in Ghent, a Flemish town northwest of Brussels, have opted to make Thursdays a "meatless day" and to eat vegetarian meals to improve health and reduce the impact of raising livestock on the environment, according to Ethical Vegetarian Alternative, a Belgian campaign group.
The Catholics had already taken Friday. But so long as it's only the city workers who took a pledge, it's not really a big deal.
#1
Well paying $2 or more a litre for bottled water when equally good water was available from the tap for free was always the icon of liberal derangement for me. That was until Global Warming came along.
Now they have replace one irrational idiocy with another. Except this time they expect everyone else to pay for it.
#4
phil_b: Years ago I found out that the "powers that be" in my State created "pure water" organizations before they were fashionable. However, they did so to keep control over the system, so they could decide what "pure water" was.
And they were "liberal" about what they considered "pure water". Basically, anything but large chunks of feces was cool.
When LBJ started his push for clean water by setting up federal standards, it was pretty shocking how much crap the State had permitted. Sky high in heavy metals and arsenic, and volatile toxic waste like jet fuel and synthetics. In some parts of the State, natural fluoride levels were so high that it etched the teeth of children.
With the creation of the EPA, a lot of water wells were closed because of contaminants, and in some cases, superfund sites were set up to permanently mark areas for no well drilling.
We still have a lot of problems with various salts and phosphates. If you reverse osmosis our typical city water, you will get a substantial quantity of sludge.
Date-Time Wednesday, July 15, 2009 at 09:22:32 UTC
Wednesday, July 15, 2009 at 08:22:32 PM at epicenter
Location 45.721°S, 166.643°E
Depth 35 km (21.7 miles) set by location program
Region OFF WEST COAST OF THE SOUTH ISLAND, N.Z.
Distances 150 km (95 miles) WNW of Invercargill, New Zealand
175 km (110 miles) WSW of Queenstown, New Zealand
300 km (185 miles) W of Dunedin, New Zealand
825 km (510 miles) SW of WELLINGTON, New Zealand
WELLINGTON, New Zealand A 7.8-magnitude earthquake struck off New Zealand's western coast Wednesday generating a small tsunami. No injuries or major damage were reported.
The Pacific Tsunami Warning Center in Hawaii warned that a tsunami was generated, but it later said the waves were less than 8 inches (20 centimeters) in height and the warning was canceled after about an hour.
#2
Personally I was disappointed > big Big BIG B-I-G BBBBIIIIIIIIIGGGGG .......@ D **** NG IT SHOULD'VE-BEEN-A-PULSAR?, EM NIGHTBURST THE SKY which twas followed by TWO BARELY-FELT-IT GROUND RUMBLINS!
* Lest we also fergit. 2012 > QUAKE HEARD/FELT 'ROUND THE WORLD.
ABUJA (Reuters) - Nigeria's most prominent militant group said it would observe a 60-day ceasefire from Wednesday after the release of rebel leader Henry Okah. The Movement for the Emancipation of the Niger Delta (MEND) said it was also halting its attacks, which have crippled Africa's biggest oil and gas industry, to allow for government peace talks.
The military last month said it would also observe a two-month ceasefire.
"Hopefully, the ceasefire period will create an enabling environment for progressive dialogue," MEND said in a statement.
Okah, arrested in September 2007 on gun-running and treason charges, was released from detention in the central city of Jos on Monday after being the first senior militant to accept President Umaru Yar'Adua's amnesty offer. Okah's freedom has been one of MEND's key demands since launching its campaign of violence against the oil sector in early 2006.
The senior militant, who many believe is the brains behind MEND, told Reuters on Tuesday violence in the Niger Delta would likely continue until the government began talks with rebels.
MEND, a loose faction of militant groups, said on Monday it wanted talks with the government but also threatened to intensify attacks.
Rebels on Monday sabotaged a Lagos oil dock, killing five in the first attack outside the Niger Delta since starting its latest campaign of violence. The MEND's offensive was in response to the military's largest military offensive in the region in years last May. MEND demanded that the military withdraw from certain areas in the Niger Delta, the heartland of the OPEC member's oil sector, before talks could begin.
"A compulsory prelude to talks is the withdrawal of the military Joint Task Force from the Gbaramatu communities and the return of all the displaced persons back to their various homes," the group said.
Military officials were not immediately available for comment.
The attacks have forced Royal Dutch Shell, U.S. oil major Chevron and Italy's Agip to cut around 300,000 barrels per day in the last six weeks and has helped support global oil prices.
Posted by: Steve White ||
07/15/2009 00:00 ||
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Nigerian militant group declares 60-day ceasefire
Must be losing.
Posted by: Redneck Jim ||
07/15/2009 0:27 Comments ||
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meanwhile, Mexico spirals down
Twelve people tortured and killed in a cartel-plagued Mexican state were federal agents investigating organized crime, the government said Tuesday,
It seems they found it.
marking one of the boldest attacks on federal forces since President Felipe Calderon launched his war on drugs.
Mexico's national security spokesman, Monte Alejandro Rubido, said the 11 men and one woman were off duty when they were ambushed and abducted by members of the La Familia drug cartel in Calderon's home state of Michoacan, which has been a center of his crackdown on drug traffickers.
Their bodies were found piled up along a mountain highway late Monday near the town of La Huacana. Michoacan state prosecutor J. Jesus Montejano initially said Tuesday that they were soldiers, but the army denied that. Initial reports indicated the victims were likely killed over the weekend, when federal agents arrested Arnoldo Rueda Medina, a reputed chief of operations of the Michoacan-based La Familia cartel.
Police say his arrest Saturday set off a string of brazen attacks against federal forces that left six federal police officers and two soldiers dead. Gunmen threw grenades and fired on federal police stations and hotels where the agents were staying in three states. "This marks an important change in the drug war in that they are attacking federal forces directly," said Jorge Chabat, a Mexican drug expert. "It also suggests the capture of this person has affected the operations of the cartel. It was a major blow and this is a reaction out of weakness not strength."
Posted by: Frank G ||
07/15/2009 08:11 ||
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The U.S. State Department confirmed it was meeting here Tuesday to resume long-suspended talks between the United States and Cuba. In a three-sentence news release, the department said the talks would ``focus on how best to promote safe, legal and orderly migration between Cuba and the United States.''
And who is to turn out the lights ...
The talks come as the administration looks to improve relations with Havana and months after President Barack Obama lifted some travel and gift restrictions for those with relatives on the island. The talks are controversial among Cuban-American politicians who have asked the Obama administration to prod Cuba to make some changes before reestablishing a dialogue.
Formal talks between the two governments were last held in 2003 but were scrapped in 2004 after President George W. Bush accused Havana of not cooperating with the U.S.-Cuba migration accord.
So even though Castro has lied before, let's trust him again!
Reset.
''This is a welcome development because the two governments are talking, because migration affects both of our interests, and because this can be a starting point for discussions on drugs, the environment, and ultimately, diplomacy and politics,'' said Sarah Stephens, executive director of the Center for Democracy in the Americas, which advocates for normalized relations with Cuba.
Florida Republicans criticized the resumption of talks, with Miami Rep. Ileana Ros-Lehtinen saying the Cuban regime has failed to honor the migration accords. ''It is unfortunate that, once again, the Cuban regime is being rewarded with overtures from the U.S. government despite its ongoing atrocities against the Cuban people and policies that undermine U.S. security interests and priorities,'' she said.
And Sen. Mel Martinez called for the administration to ''push for firm commitments'' from the Cuban government, now headed by Raúl Castro. Noting that the Bush administration scuttled talks ''because of the Cuban regime's failure to live up to its commitments,'' Martinez said the administration should require Havana to meet its obligations, particularly allowing U.S. officials to check on Cubans who are returned to the island.
Posted by: Steve White ||
07/15/2009 00:00 ||
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Mariel, part 2?
(How dare I suggest that Raul might play the same kind of cute trick on O-blah-blah that his big brudda did on Jimmah....)
Posted by: Deacon Blues ||
07/15/2009 9:05 Comments ||
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#3
Nah, the Cubans know we'd never be that gullible a second time ...
Posted by: Steve White ||
07/15/2009 9:09 Comments ||
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#4
Steve, you forgot the smiley face.
Posted by: ed ||
07/15/2009 10:26 Comments ||
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#5
Maybe we can get the Hollywood types and MSM to migrate to Cuba.
Posted by: Frozen Al ||
07/15/2009 11:17 Comments ||
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#6
Doubt it. The MSM and Hollywood types wouldn't _live_ in the workers paradise which they claim is the best on the earth. That's for the peasant class like us.
Ousted Honduran President Manuel Zelaya gave his rival, Roberto Micheletti, one week to step down, saying he was prepared to risk bloodshed to recapture the presidency, which he lost on June 28. Speaking from neighboring Nicaragua, Zelaya accused Micheletti, who is serving as interim president, of trying to sabotage ongoing mediation talks in Costa Rica and using the time to consolidate his power.
He also called on the administration to recognize the resolutions of the Organization of American States and the United Nations that demand Zelaya's return. ''The regime is just trying to buy time so it can keep terrorizing,'' Zelaya said. ``The Honduran people are just another victim.''
Zelaya and Micheletti's negotiating teams are expected to resume talks in Costa Rica on Saturday. But if those talks do not produce results, Zelaya said he would pay ''any cost'' to reclaim the presidency. ''Let me come back -- me with the people and you with your bayonets,'' he said. ``And instead of shooting innocent kids, shoot me.''
The last time Zelaya tried to return to Honduras -- on July 5 -- the army blocked the tarmac of the capital's international airport with trucks, keeping his plane from landing. As protesters tried to scale the chain-link fence around Tegucigalpa's international airport, shots were fired and one teen died.
Zelaya was ousted at gunpoint and sent into exile by the army after he had run afoul of the supreme court, the attorney general and his own party. Since then, both he and Micheletti have claimed to be the legitimate leader of this nation of 7.8 million.
The ultimatum came as Micheletti spent Monday consolidating his power by swearing in the nation's top diplomat and its environmental chief. Carlos López Contreras, who had been acting as Micheletti's chief negotiator in the crisis, was named foreign affairs minister and sworn in at the presidential palace. Contreras said the talks would remain his top priority.
In his conference from Nicaragua, Zelaya also called on the government to cease its crackdown on the media and opposition politicians. On Saturday, authorities detained pro-Zelaya reporters with the Venezuelan network Telesur and held them overnight. The government has also been interrupting the transmission of some news programs. In addition, Zelaya said his negotiation team's mobile phones were cut and their bank accounts frozen.
Zelaya said he would spend coming days traveling to Mexico, Guatemala and South America, as he continues his barnstorming tour to maintain support for his cause.
The Micheletti administration has yet to be officially recognized by a single nation. The newly minted foreign affairs minister, Contreras, said he hoped to change that.
The cabinet changes come as Micheletti has been trying to project a sense of normalcy. The curfew, which has been in effect since June 28, was lifted Sunday night. And the government began running public service announcements encouraging Hondurans to vote in the upcoming Nov. 29 general elections. But outside the presidential palace Monday, dozens of workers from the Zelaya administration hovered around the main gate wondering if they still had jobs.
If you are unsure, then you don't.
Posted by: Steve White ||
07/15/2009 00:00 ||
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"The Micheletti administration has yet to be officially recognized by a single nation"
But it *IS* recognized by their laws, their constitution, their legislature and supreme court.
Since when did Hondras become a butt-boy for other nations? Since Obama, the tinpot would-be dectator, a narcissistic slave-boy of international socialism, refused to stand up for freedom in Honduras.
#7
The Honduras government needs to invite him back' put him in jail and let the courts handle it. They should never have let him leave in the first place.
Posted by: Richard of Oregon ||
07/15/2009 15:13 Comments ||
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#8
Zelaya had built up a conspiratorial collective in Honduras, including local radicals and foreign fifth columnists. To their credit, the Honduran government are rounding up some of these mutts.
But what do they do with Nicaraguan illegal aliens? Properly, they should be discreetly executed and buried with a backhoe. They were no different than mercenaries sent to overthrow the government.
It would definitely give these leftist regimes pause before they tried it on again.
Probably just a bunch of Methodist youffs having fun
French youths burned 317 cars and wounded 13 police officers overnight during the now traditional bout of street violence on the eve of the Bastille Day national holiday, police say.
Stop fussing -- it's a tradition, however as-yet unhoary
As French troops and their guests of honour from the Indian army made last minute preparations for the July 14 parade on the Champs Elysees in Paris, the suburbs of major cities were contemplating another clean-up operation.
By 6:00am, police headquarters in Paris had recorded 317 burnt out cars - up 6.7 percent on 2008 - and 240 arrests, almost double the total for the same period last year.
Good. At least the police are being permitted to act against some of the miscreant yoots.
These numbers were expected to increase as fresh reports came in.
The injured officers, 12 members of the police and one gendarme, were mainly suffering from hearing difficulties after being targeted by youths throwing fireworks and small-scale home-made explosives.
How nice that they can't hear the fussing of the yoots and their abettors.
France marks Bastille Day as the anniversary of July 14, 1789, when a revolutionary mob stormed the Parisian prison and set in motion the events that would lead to the overthrow of the monarchy. Today, disaffected youths from bleak suburban housing projects around major cities use it to express their frustration with high unemployment rates and what they see as France's failure to integrate ethnic minorities.
I thought the rampages were the yoots contribution to the imminent conquest of the cities of France by the Ummah. But it could be that I misunderstood.
A north Dallas neighborhood is up in arms after another attack on the American flag has reignited anger among residents. The incident happened at Preston Valley Villas off of Spring Valley Road.
Two weeks ago, a homeowner came home to find his American flag in ashes on his front yard. Last night, it happened again.
Preston Valley Villas has become a noticeably patriotic neighborhood. But some of the American flags are now flying as a message to whoever is burning them. "It's kind of an 'in your face' type of situation," said resident Bill Sendelback. "If people are going around burning the flag, I'm not about to take mine down."
Sendelback does not plan to remove his flag, even though someone set fire to one outside of Ed Jordan's townhome for the second time in two weeks.
"It makes me sick to think about anybody having that sort of disrespect," said Jordan. "Soon as I looked at it and touched it, I could tell it had been burning."
Jordan's first burned flag got the attention of an Iraq war veteran, who donated a special flag just days later. That flag flew over a base. Fortunately, neighbors said that was not the flag that was flying Sunday night, which is now ashes.
Another resident who was victimized has yet to replace her damaged flag.
According to witnesses, skateboarders were heard in a nearby alley around the time that the flag was burned. Whether the incident is a prank or a political statement remains unclear. The crime has residents warning whoever is responsible that they better hope police find them first.
Posted by: Steve White ||
07/15/2009 09:29 ||
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"Whether the incident is a prank or a political statement remains unclear." If it is a political statement, the perpetrator should use their own flag, not one belonging to someone else. That makes it a crime ... deliberate destruction of property not your own. And, as far as burning a flag for a "political statement"; that does nothing more than piss off a lot of people, and usually results in a solid a$$ whuppin' when the perps are found.
So what explains the crazy, cockeyed optimism of House Democrats? Maybe they still believe Team Obamas rosy-scenario forecast that shows the stimulus package a) keeping unemployment under 8 percent this year and b) launching an economic boom next year and beyond. For some reason, though, they think the battered U.S. economy is so strong that politicians can pile tax upon tax on it with no fear of further harm. Less than three weeks after passing a costly cap-and-trade carbon emission plan, Pelosi & Co. have giddily unveiled a $1.2 trillion healthcare plan partially funded by a $544 billion surtax on the work and investment income of wealthier Americans, including small business owners.
The ten-year proposal calls for a 1 percent surtax on adjusted gross income including capital gains between $350,000 and $500,000; a 1.5% surtax on income between $500,000 and $1 million; and a 5.4% surtax on income exceeding $1 million. (Interestingly, the House fact sheet on the surtax forgets to mention the highest tax rate. Hey, they were in a rush.) How bad an idea is this? Let me count the ways:
Its not the first Obama tax hike. This tax would be in addition to the $1 trillion in new taxes that Obama called for in his budget released earlier this year. (And then theres cap and trade, remember.) And if healthcare reform costs more than expected what are the odds of that, you think? the surtax would go up.
It pushes income tax rates above a key threshhold. Once you take into account state income taxes, the top tax rate would sneak above 50 percent. Research by former White House economist Lawrence Lindsey has found that rates above 40 percent really start to hit economic growth especially hard.
Its risky in a weak economy. Democrats love the consensus view when it comes to climate change, so how about the economy? The consensus view is for unemployment to hit double digits this year and stay high throughout 2010 and beyond as the economy staggers to its feet. Even Treasury Secretary Tim Geithner said it seems realistic to expect a gradual recovery, with more than the usual ups and downs and temporary reversals. In a long recession environment, do we really want a policy that, according to research that current White House economic adviser Christina Romer conducted at Stanford University, is highly contractionary.
It actually makes Americas healthcare problem worse. Entitlements, including Medicare, will eventually bankrupt the economy unless action is taken. Agreed. But lowering the potential U.S. growth rate will only make those problems worse by generating lower tax revenue and making the overall pie smaller than it would be otherwise. Yet many economists think government interventions in finance, housing, autos, energy and now healthcare will do just that. And adding layers of additional new taxes helps how?
It makes the tax code more lopsided and inefficient. As it is, the top 1 percent of Americans in terms of income pay 40 percent of taxes. Not only would this plan exacerbate this imbalance, it adds further complexity to the tax code. Most tax reformers favor a simpler system with fewer brackets and deductions matched by a lower rate. Indeed, Howard Gleckman of the Tax Policy Center points out the following:
Many of the uber-rich are unlikely to pay much more in taxes than they do now, despite the rate increase. Since wed be returning to pre-1986 rates, we shouldnt be surprised when the very wealthy reprise their pre-1986 sheltering behavior. The hoary financial alchemy of turning ordinary income into capital gains, morphing individuals into corporations, and deferring compensation will return. Remember, the targets of these tax hikes are the people who can most easily manipulate their income. The bad old days of bull semen partnerships may not return, but I suspect the financial Merlins are already cooking up new shelters for what promises to be a booming new market.
It hurts U.S. competitiveness. America already has the second highest corporate tax rate in the world. Under the House plan, the top U.S. income tax rate would be higher than the OECD (advanced economies) average of 42 percent. France and Germany, by contrast, are looking to keep rates stable or lower them. Pro-growth China doesnt even tax investment income.
It ignores the lessons of Clinton. Democrats love to point out how the Clinton tax increases didnt tank the economy back in the 1990s. Oh, you mean the economy that was expanding for more than two years before he signed his tax increases? The economy is far weaker today and may be anemic for some time given the history of economies that suffered a banking crisis.
It ignores the lessons of 1937. The slowly recovering 1930s economy weakened again in 1937 and 1938. Again, Christina Romer tells all:
In this fragile environment, fiscal policy turned sharply contractionary. The one-time veterans bonus ended, and Social Security taxes were collected for the first time in 1937. GDP rose by only 5% in 1937 and then fell by 3% in 1938, and unemployment rose dramatically, reaching 19% in 1938. The 1937 episode is an important cautionary tale for modern policymakers. At some point, recovery will take on a life of its own, as rising output generates rising investment and inventory demand through accelerator effects, and confidence and optimism replace caution and pessimism. But, we will need to monitor the economy closely to be sure that the private sector is back in the saddle before government takes away its crucial lifeline.
Except in this the case, Uncle Sam is not taking away a lifeline but tightening the noose.
It pays for a wrong-headed healthcare reform plan. Health exchanges, a public option, subsidies, taxes well, we could go on and on. Or we could try to create a simpler consumer-driven market. Harvard Business economist Regina Herzlinger recommends reforming the tax system by making the money spent by employers on health insurance available as cash, tax-free, to employees. Insurers would then compete for customers with policies that offer better value for the money, she wrote in an analysis for consultancy McKinsey. Not even on the Obamacrat radar screen, though.
All in all, its another sign from the Obama administration and the Obamacrats in Congress that their top priority is redistributing existing wealth at least whats left of it rather than creating new wealth. That, I guess, explains those ear-to-ear smiles on Capitol Hill.
#2
The problem is that the dhimocrats WANT to kill the economy. They WANT you dependent on the government at all levels and stages and decisions of your life. The dhimocrats WANT to be big brother.
The new taxes and legislation is all a ruse to get the US to be the government in 1984.
#3
Entitlements, including Medicare, will eventually bankrupt the economy unless action is taken. That's the core of this absurdity. Congress is taking no action where it's vitally needed and expanding its expenditures elsewhere. Madness.
#4
It's called Trickle Up Poverty, folks. Ain't it great?
When this realization eventually kicks in (and it will if things continue this way) for the limousine liberals who got The 0ne elected, the look on their faces is going to be priceless.
"Uhhh... Ummm... Yeahhh... it seemed like a good idea at the time?"
I've said it before and I'll say it again. Nancy "Let's hear it for the power!" Pelosi is the most dangerous member of congress in history.
#6
I don't know that they want to kill the economy: if they do that there isn't anything worthwhile to steal.
What they want is to control the economy.
Pushing through universal health care permanently tilts the country way to the left and gives the Left permanent control of our economy. That's why they want it and that's why they'll stop at nothing to get it.
Posted by: Steve White ||
07/15/2009 14:52 Comments ||
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#7
Dr. White is precisely correct, but if they control the economy it will be killed.
#8
That's what I said - they would rather rule (control) a 3rd world economy than serve a 1st world one.
They already figured out that they they can either have, but not control a 1st world one, or control a 3rd world one - and made a choice for the latter.
#9
Why the Limousine Liberals do not fear National Health:
Many of the uber-rich are unlikely to pay much more in taxes than they do now, despite the rate increase. Since we'd be returning to pre-1986 rates, we shouldn't be surprised when the very wealthy reprise their pre-1986 sheltering behavior. The hoary financial alchemy of turning ordinary income into capital gains, morphing individuals into corporations, and deferring compensation will return. Remember, the targets of these tax hikes are the people who can most easily manipulate their income. The bad old days of bull semen partnerships may not return, but I suspect the financial Merlins are already cooking up new shelters for what promises to be a booming new market.
Anyone want to start a pool on how fast that $350,000 surtax threshold comes down to $50,000.
#10
Pelosi & Co. have giddily unveiled a $1.2 trillion healthcare plan partially funded by a $544 billion surtax on the work and investment income of wealthier Americans, including small business owners.
This is coming from the same crowd that says we're spending too much on health care and now they turn around and tell us we have to spend more. Methinks they speak with forked tongue. They're like parasites who will feed until the host is dead.
#11
Anyone want to start a pool on how fast that $350,000 surtax threshold comes down to $50,000.
Ain't nothing wrong with that. If everyone wants a government health care plan that covers everyone, the everyone can damn well pony up the money to do it, from the person making minimum wage to the president himself -- next time we elect a president, that is...
#5
sorry - didn't want to patronize. Just offering suggestions. Site may indeed be blocked by your IT
Posted by: Frank G ||
07/15/2009 19:52 Comments ||
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#6
Your right - it was blocked by my company (docs.house.gov???). Got home and it came up right.
Look at all the boxes and buearucrats between 'Health Providers' and 'Consumers'. And I bet each and every one of them have veto-power over a medical decision.
I don't think even Hell could have come up with a worse design.
WASHINGTON -- House Democratic leaders, pledging to meet the president's goal of health care legislation before their August break, are offering a $1.5 trillion plan that for the first time would make health care a right and a responsibility for all Americans.
Health care has always been the responsibility of any Americans who planned to live longer than, say, the next week or so.
Health care is not a right. Health care is a need.
Rights are things you have intrinsically. More importantly, your exercise of your rights doesn't depend on someone else opening his or her wallet. Free speech? You can do that all you want without costing anyone anything? Fair trial? Ditto. Health care? I'm a doctor: for you to have 'health care' I have to be persuaded, either with money or a gun, to provide it for you. That's not a 'right'.
Left to pick up most of the tab were medical providers, employers and the wealthy.
"We cannot allow this issue to be delayed. We cannot put it off again," Rep. Henry Waxman, D-Calif., the chairman of the House Energy and Commerce committee, said Tuesday. "We, quite frankly, cannot go home for a recess unless the House and the Senate both pass bills to reform and restructure our health care system."
Like the honourable Representative will keep the august members of the Senate from their summer vacations.
In the Senate, Majority Leader Harry Reid said he wanted floor debate to begin a week from Monday.
I want the body I had on my wedding day. And a unicorn pony.
With the Senate Finance Committee still struggling to reach consensus, that timetable could slip. Even so, it underscored a renewed sense of urgency.
Obama himself was driving the action, going off-script to push the issue during a speech in Michigan and scheduling a Rose Garden news conference for Wednesday to make more comments on the topic.
"There's going to be a major debate over the next three weeks," Obama said in Warren, Mich., deviating from his prepared text on new spending for community colleges. "And don't be fooled by folks trying to scare you saying we can't change the health care system. We have no choice but to change the health care system because right now it's broken for too many Americans."
See if you can spot the propaganda, boys and girls!
All involved were mindful of the dwindling days before Congress leaves town. Obama wants legislation through the House and Senate before then to slow rising costs and extend coverage to some 50 million uninsured Americans.
Under the House Democrats' plan, the federal government would be responsible for ensuring that every person, regardless of income or the state of their health, has access to an affordable insurance plan. Individuals and employers would have new obligations to get coverage, or face hefty penalties.
The legislation calls for a 5.4 percent tax increase on individuals making more than $1 million a year, with a gradual tax beginning at $280,000 for individuals. Employers who don't provide coverage would be hit with a penalty equal to 8 percent of workers' wages, with an exemption for small businesses. Individuals who decline an offer of affordable coverage would pay 2.5 percent of their incomes as a penalty, up to the average cost of a health insurance plan.
An offer you cannot refuse.
The liberal-leaning plan lacked figures on total costs, but a House Democratic aide said the total bill would add up to about $1.5 trillion over 10 years. The aide spoke on condition of anonymity to discuss the private calculations.
Three House committees will begin voting on the bill Thursday. Changes in the legislation are likely to satisfy a group of moderate and conservative Democrats who are withholding support.
The 1,000-page bill is unlikely to attract any Republican backing, and business groups and the insurance industry immediately assailed it as a job-killer.
The business groups also warned that the U.S. health care system could be damaged by adding a government-run insurance plan and a federal council that would make some decisions on benefits, as called for in the legislation. Thirty-one organizations signed the letter, including the U.S. Chamber of Commerce, the Business Roundtable representing top corporate CEOs and the National Retail Federation.
The House bill seemed unlikely to win broad backing in the Senate, where the Senate Health, Education, Labor and Pensions Committee was expected to finish its version of the legislation Wednesday in what was looking to be a party-line vote.
The Finance Committee was striving to produce a bill by the end of the week, though the committee's chairman, Sen. Max Baucus, D-Mont., acknowledged it would be a challenge to meet Obama's timeline.
"I think it's a lift but one we could accomplish, one we could handle," Baucus said. "I'm not going to guarantee that it's going to happen."
#1
...for the first time would make health care a right
Real rights are enshrined in the Constitution. Anything else is theater, which will change as the marquee and players rotate over time. That's why so many lefties hate the true reading of the 14th Amendment "..nor deny to any person within its jurisdiction the equal protection of the laws." However, its that pesky process of actually making amended changes that they keep so hard to work around, because they know they really don't have the power to do so.
#2
The conflation of rights (the government will not stop you) and entitlements (the government will extort the money from someone else) always annoys me.
#3
From Bloomberg: Time is running short for the House and Senate to pass the legislation before their August recess, the deadline Obama has set. In entertaining the possibility of a party-line vote on health care, Emanuel cited reconciliation, a parliamentary procedure that a dominant party can use to prevent the other party from blocking legislation.
Both Axelrod and White House Chief of Staff Rahm Emanuel said taking a partisan route to enacting major health-care legislation isnt the presidents preferred choice. Yet in separate interviews, each man left that option open.
Ultimately, this is not about a process, its about results, David Axelrod, Obamas senior political strategist, said during an interview in his White House office. If were going to get this thing done, obviously time is a-wasting.
**********
If this thing is going to pass it is going to have to pass SOON and they know it; it is the high profile item with the most support among their base (and beyond) and the one thing that a future administration won't be able to undo. It would be Zero's legacy. So they will bring all guns to bear on it and unless a really significant number of opponents lean really hard on their Dem Senators and Representatives (especially those from swing states or districts) it will pass in the next couple of weeks.
I remember in my younger, occasionally questionably employed days, when I would skip health coverage because I wanted to spend the money on something more valuable to me at the moment. I wonder how many of O-blah-blah's dumb bunny followers under 25 or so feel the same way. I'm sure they would be happy to accept "free" healthcare, but might be ticked off about having to dip into their beer and pot funds for something so boring and uncool.
#5
I'm basically speechless. $1.5 trillion? And that's almost certainly a low-ball estimate. If all these bills pass, I don't know that the US can recover. That must be their goal since any other reason is unfathomable.
#7
Spot -- take the official estimate and triple it, and you'll be close to the true cost. That's been true of just about every government health care program ever enacted in this country.
Posted by: Steve White ||
07/15/2009 9:18 Comments ||
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#8
I would say take the figure and multiply it by 10. There is always bloat and these things just go nuts in scope and cost.
#9
I watched a re-run last nite of Maher's politically incorrect (I had insomnia) - anyways Begala, Katty Kay & Joel Stein were the guests w/Megan McCain. I couldn't believe the amount of ignorant remarks that were passed on the part of these so called intellectuals (not McCain - who from her performance is the biggest useful idiot the left could hope for) about uni-health care and the need for it. Pathetic. Any clear thinking conservative could've won that debate pretty easily, which is why Maher booked meg mccain.
#10
The liberal-leaning plan lacked figures on total costs
Because you know those hard numbers are hard to come by lately. Especially when it comes time to figure out a way to pay for those costs. If the small business exemptions are to be adopted their fleece the rich plan still doesnt add up. Look for Pelosi to pound hard on the mythical savings portion of this massive shell game. It will be interesting to see how the house committees mark up this boondoggle without a CBO score.
#11
Spot -- take the official estimate and triple it,
Boy are you an optimist. When Medicare first came into effect, they made some long range projections. They were off by 6 or 7 times. If memory serves, Medicaid projections were even further off.
Posted by: ed ||
07/15/2009 10:48 Comments ||
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#12
The problems with health care cannot be addressed without correcting others. We cannot possibly afford to cover illegal immigrants, especially when companies with record profits don't pay taxes, like Goldman Sachs! The rich will shelter their income, small businesses forced to close or lay off workers, exacerbating the problems with the unemployed losing coverage. More will qualify for Medicaid when the states can least afford to be health care providers. Making health care a right takes away my right to life(worked to death), liberty(slave to government), and the pursuit of happiness(destroying the American dream). I get sick just thinking about it.
England is on a par with Poland despite the NHS spending three times more on health care. Cancer experts blamed late diagnosis and long waiting lists.
Personal note: My sister-in-law in England died of cancer while the NHS treated her for their diagnosis of "Tropical Disease". They picked "Tropical Disease" because she had been on a cruise to Brazil before she fell ill.
A significant percent of Brits have Private Health Insurance coverage. A large percentage get frustrated with the poor or slow pace of care and "Go Private" (pay cash). Hundreds of thousands of Brits fly to places like India for heart surgery and joint replacements.
#15
This post goes into the Canadian rates. Below, but close to the US. What is interesting is the differences between men and women in the US and EUrope.
#16
Maybe Canada's rates are close to the US because of the geographic location. This may be from our successful techniques filtering over the border and/or Canadians jumping to the US for treatment.
#17
Maybe, but I suspect the border jumpers are in the US figures and not in the Canadian. How would the Canadian health service know if you never went there? I suspect it's more that we have sufficiently similar life styles, both pre- and post- cancer.
They are diagnosed in Canada, treated in US, return to Canada cured, problem solved, another success for Canadian National Health.
Years ago, Kaiser Permanente had the lowest mortality rate for open heart surgery. How did they do that? They farmed out the more difficult problem cases to hospitals with better programs.
They since have brought their heart program up to higher standards in their own facilities.
Don't count of the government doing that well. Just look at the VA for a clue of what's to come.
#19
One of Canada's health issues revolve around the low population density. Canadian medical staff may not see enough patients with more obscure problems to develop competent local treatment expertise. For example, the Ontario government closed several neo-natal cardiac wards through the province because mortality rates were significantly higher than the Toronto facility. It was not that the centers in London or Ottawa were poorly run; just that there were not enough patients for these facilities to maintain safe standard care. It is smartercheaper to send neo-natal cases to Buffalo and cancer patients to Pittsburgh than to support adequate facilities here.
This also leads to other issues, like the Hamilton couple who cannot visit their newborn in Buffalo because they lack passports.
It could be a combination of 19th-century mechanics, 21st-century technology -- and a 20th-century horror movie. "Zombie Steambots From Hell!"
A Maryland company under contract to the Pentagon is working on a steam-powered robot that would fuel itself by gobbling up whatever organic material it can find -- grass, wood, old furniture, even dead bodies. Robotic Technology Inc.'s Energetically Autonomous Tactical Robot -- that's right, "EATR" -- "can find, ingest, and extract energy from biomass in the environment (and other organically-based energy sources), as well as use conventional and alternative fuels (such as gasoline, heavy fuel, kerosene, diesel, propane, coal, cooking oil, and solar) when suitable," reads the company's Web site. "First it consumed all our fuel;
then it turned it's hungry eyes on mankind!"
That "biomass" and "other organically-based energy sources" wouldn't necessarily be limited to plant material -- animal and human corpses contain plenty of energy, and they'd be plentiful in a war zone. "Biomass is PEOPLE!"
EATR will be powered by the Waste Heat Engine developed by Cyclone Power Technology of Pompano Beach, Fla., which uses an "external combustion chamber" burning up fuel to heat up water in a closed loop, generating electricity. "Watch as screaming people are thrust into it's flaming maw!"
The advantages to the military are that the robot would be extremely flexible in fuel sources and could roam on its own for months, even years, without having to be refueled or serviced. "Comsuming all before it, until the planet is left a rocky, er, rock!"
Upon the EATR platform, the Pentagon could build all sorts of things -- a transport, an ambulance, a communications center, even a mobile gunship. "First it kills, then it feeds!"
In press materials, Robotic Technology presents EATR as an essentially benign artificial creature that fills its belly through "foraging," despite the obvious military purpose. Robotic Technology, a division of SkyNet, Inc.
Posted by: Steve ||
07/15/2009 13:51 ||
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An Iranian singer and composer who has been likened to Bob Dylan has received a five-year jail sentence in absentia for disrespecting religious sanctities, according to Iranian television.
An Iranian Koran scholar filed a complaint against Mohsen Namjoo, who also plays a traditional Persian lute, for the way he had performed using verses from Islam's holy book, Iran's official English-language Press TV said on its website late on July 13. The scholar, who Press TV did not name, accused Namjoo of "an insulting, sneering performance of Koranic verses with musical instruments." It quoted the singer's brother and lawyer as dismissing the accusation, saying he "did not mean any disrespect". Press TV said Namjoo, who apologized a few months ago for the incident, was abroad but did not say in which country.
Iran's Fars news agency quoted a judge on July 13 as confirming that Namjoo was found guilty "subsequent to an investigation of the complaint against him" but he did not give details on the sentence.
In a report posted on its website last week, the semi-official Iran's Quran News Agency named the plaintiff as Abbas Salimi and quoted him as saying Namjoo was accused of "derisive rendering of Koran verses and disrespect towards" the holy book. The news agency said the sentence against Namjoo, who is in his early 30s, was handed down last month.
In a 2007 profile, "The New York Times" said Namjoo's "playful but subtly cutting lyrics about growing up in an Islamic state" had made him "the most controversial, and certainly the most daring, figure in Persian music today." It added, "Some call him a genius, a sort of Bob Dylan of Iran, and say his satirical music accurately reflects the frustrations and disillusionment of young Iranians."
A multi-volume chronology and reference guide set detailing three years of the Mexican Drug War between 2010 and 2012.
Rantburg.com and borderlandbeat.com correspondent and author Chris Covert presents his first non-fiction work detailing
the drug and gang related violence in Mexico.
Chris gives us Mexican press dispatches of drug and gang war violence
over three years, presented in a multi volume set intended to chronicle the death, violence and mayhem which has
dominated Mexico for six years.
Rantburg was assembled from recycled algorithms in the United States of America. No
trees were destroyed in the production of this weblog. We did hurt some, though. Sorry.
Bride's bouquet brings down plane
Bottled Water Bans and Meat-Free Days
Ousted Honduran President Manuel Zelaya gave his rival, Roberto Micheletti, one week to step down, saying he was prepared to risk bloodshed to recapture the presidency, which he lost on June 28. Speaking from neighboring Nicaragua, Zelaya accused Micheletti, who is serving as interim president, of trying to sabotage ongoing mediation talks in Costa Rica and using the time to consolidate his power.
A north Dallas neighborhood is up in arms after another attack on the American flag has reignited anger among residents. The incident happened at Preston Valley Villas off of Spring Valley Road.
It could be a combination of 19th-century mechanics, 21st-century technology -- and a 20th-century horror movie.
