The Foreclosure Mess Goes Nuclear

On December 1, 2011, in Barack Obama, by IDontThinkSo0001

First Comprehensive Lawsuit to Address Foreclosure Crisis Seeks to Hold Banks Accountable For Illegal and Deceptive Practices Bank of America, Wells Fargo, JP Morgan Chase, Citi, and GMAC All Named As Defendants; Mortgage Electronic Registration System (“MERS”) Also Sued BOSTON – Five national banks have been sued in connection with their roles in allegedly pursuing

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The Foreclosure Mess Goes Nuclear

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The People vs. Andrew Breitbart

On May 24, 2011, in Barack Obama, Stupid, by concernedcoloradoan

[Guest post by Lee Stranahan] I love this scene. I love this movie, too. Watch… I believe in the First Amendment. Let me go further. I love the First Amendment – that scene makes tears well up in my eyes. For me, it started with comedy. I was a comedy nerd as long as I can remember. When I was around eleven years old, every week after church, I’d walk across the grass field to shopping center where the Friendly’s restaurant was. There was also a drug store there and they had a one of those rotating carousels of paperback books and one of them was a book standup comedy routines. I wanted that book for weeks. I’d read a little bit of it in the store. It was just transcriptions of routines by comics like Woody Allen and Gabriel Kaplan, when they did stand-up. This was in the mid-1970s, before Netflix and Comedy Central and HBO and cable television. Access to stand-up comedy for an 11 year old was tricky. Clubs were out. It was LP records and books. Eventually, I got the book and it also featured Lenny Bruce. And so I was on the path of First Amendment, via Dirty Lenny. I bought Lenny Bruce’s albums, which are so-so funny but I knew there was some kind of brilliant mind there. I read anything I could find about Lenny – sometimes at the library but often poring through the used books and magazines at Johnson’s Bookstore in downtown Springfield, Mass. I got a VHS copy of Lenny on stage close to the end of his life, reading from his legal briefs on stage. From Lenny, I moved on to learn about other comedy heroes who fought censorship every step of the way – from George Carlin to Richard Pryor to Howard Stern to Bill Hicks. Later, I moved to an interest in other censored artists, mostly photographers like Mapplethorpe or magazines like On Our Backs . This is a consistent position of mine for decades; regardless of subject matter…I oppose censorship of all kinds; by the state, by lawsuit, by bullying. And that winding road brought me to Andrew Breitbart. Here’s the thing about the people being censored – they often have a small but loyal group of fans but a wide range of detractors. And that’s certainly Andrew. I get accused of defending Andrew because I work with him. Nothing could be further from the truth. It’s my chosen destiny to be friends with the modern day First Amendment hero. And make no mistake, the establishment wants to shut him up . Lenny Bruce found fewer and fewer clubs he could play in and there’s a similar campaign by the left to cut off Breitbart’s outlets. Shirley Sherrod’s lawyers say some pretty stupid stuff in their latest case pleading , but it’s pretty outrageous for them disrespect our Constitution as they do when they claim that Breitbart’s First Amendment rights aren’t at stake here. Sherrod’s sharks say… Plaintiff can only presume that the heightened and inflamed rhetoric of their “Summary of Additional Facts” is the start of what will be Defendants’ larger, self-serving attempt to cloak themselves as defenders of the First Amendment. But far from aiming to quash Defendants’ political speech on the broad range of political topics addressed in Defendants’ Summary of Additional Facts, the relief Mrs. Sherrod seeks in her Complaint is specific, circumscribed, and limited to the specific defamatory falsehoods that Defendants published about her individually which are the subject of the tort claims alleged in the Complaint. They are claiming that they aren’t trying to take away Andrew Breitbart’s right to talk about ALL political topics – just the specific stuff about their client. Guess what? That’s what almost ALL defamation suits do. NYT v. Sullivan wasn’t trying to shut down the Grey Lady’s entire Op-Ed page; just the advertisement that alluded to Sullivan. Jerry Farwell’s lawsuit against Larry Flynt wasn’t trying to stop the public of Beaver Hunt; it was ‘specific, circumscribed and limited to’ the stuff that Flynt published about Falwell. So, yep – Andrew Breitbart is likely cloaking himself in the First Amendment. And it’s on his side. Shirley Sherrod was a public official. She was a government appointee in charge of over one hundred people and millions of dollars. Whether or not she was a public figure is irrelevant, by the way. She was a public official, without question, and that status is what’s important, not the ‘public figure’ standard that expanded on the Sullivan ruling a decade later. You want to hear some sweet poetry? These quotes are from the New York Times v. Sullivan opinion by Justice Brennan. Thus, we consider this case against the background of a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials. The present advertisement, as an expression of grievance and protest on one of the major public issues of our time, would seem clearly to qualify for the constitutional protection. The question is whether it forfeits that protection by the falsity of some of its factual statements and by its alleged defamation of respondent. Erroneous statement is inevitable in free debate, and that it must be protected if the freedoms of expression are to have the “breathing space” that they “need That’s our Law. It’s wonderful, It’s important because it allows us breathing space for robust debate and recognizes human fallibility. It allows us to discuss the great issues of our time without worrying that we’re under the constant threat of some government official suing us when we make a mistake or publish something about them that they don’t like. You’re free to think whatever you want to think about Andrew Breitbart and Shirley Sherrod – but don’t support her lawsuit, which strikes at the very heart of your own freedom to think, speak and criticize the government. – Lee Stranahan

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The People vs. Andrew Breitbart

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Charles Johnson Libels James O’Keefe

On March 9, 2011, in Barack Obama, by richwas

Charles Johnson, last seen dissembling about me in an impotent effort to harm me professionally, libels James O’Keefe : ACORN sting film editor and admitted felon James O’Keefe is at it again . . . James O’Keefe is no admitted felon, Chuckles. He pled to a misdemeanor . Felony charges were dropped. This is no technicality. The government actually admitted in a court document that it lacked evidence that O’Keefe committed a felony or intended to commit a felony , saying, and I quote: In this case, further investigation did not uncover evidence that the defendants intended to commit any felony after the entry by false pretenses despite their initial statements to the staff of Senatorial office and GSA requesting access to the central phone system. Instead, the Government’s evidence would show that the defendants misrepresented themselves and their purpose for gaining access to the central phone system to orchestrate a conversation about phone calls to the Senator’s staff and capture the conversation on video, not to actually tamper with the phone system, or to commit any other felony . The court document is here (.pdf). Entry under false pretenses with no intent to commit a felony is a straight misdemeanor, which is what O’Keefe pled to. He is not a felon and the government never had any evidence that he was. Charles Johnson has shown reckless disregard for the truth, and owes O’Keefe an apology and a full correction. To be clear, Johnson owes more than a tiny little correction changing the word “felon” to “misdemeanant” or “criminal.” If he cared about the truth, as he used to, he would explicitly acknowledge the evidence that shows that O’Keefe is not a felon and did not intend to commit a felony. Charles Johnson outlining the full truth even though it hurts the left-wing narrative? Yeah, I’m not gonna hold my breath. Thanks to airedaletwo. UPDATE: Johnson’s correction is exactly what I expected: Correction: James O’Keefe and his accomplices were originally charged with a felony in the attempt to break into Mary Landrieu’s office and bug her phones, but the charge was reduced to a misdemeanor when they pled guilty. As I knew he would, Johnson implies that O’Keefe simply got a break because he pled. I knew , just like I knew that the sun would rise tomorrow, that he wouldn’t tell the full truth that I told you about in this post.

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Charles Johnson Libels James O’Keefe

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Islam, Anti-Semitism, Anti-Americanism, Being Muslim thugs   We had nothing to do with it, we swear. Prosecutors alleged the men planted explosives outside a synagogue and Jewish community center in the Riverdale section of the Bronx in May 2009. They also hoped to use Stinger missiles to shoot down military aircraft at Stewart Airport in Newburgh later that night, prosecutors said. Inert explosives and nonworking missiles were provided to the men by the FBI informant as part of a sting operation, prosecutors said. “This was their chance and the evidence will show the defendants leapt at it,” said Hickey. Briccetti, the lawyer for defendant Cromitie, countered that the plot was engineered solely by the government informant . Hussain egged Cromitie on to say “vile” and “hateful” things about Jews and America , Briccetti said. He also promised financial rewards, including giving Cromitie a BMW automobile after the attack , according to the defense attorney.

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“Alleged” Synagogue Bombers: The FBI Made Us Do It. Well, that and the BMW.

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Where you come down on this will probably depend on your beliefs about gay marriage. But I’m not so sure the issues are identical. It can be argued that the defendants had a right to challenge Walker for bias and did not. I’m not sure this argument is persuasive. For one thing, trying to have your judge removed from your case is like trying to assassinate the dictator: feel free to try . . . but if you fail, you’re in deep trouble. Anyway, if there was a problem with the perception of bias, it was there whether the parties raised it or not. One could argue that a gay judge deciding this case is no different than a heterosexual judge deciding the case. But I think that argument misses the mark. With this decision (at least once the stay is lifted), Judge Vaughn Walker now has the right to marry another man, if he wishes. This is a right he did not have in California before yesterday. The rights of a heterosexual judge would not have changed. Still, if you see laws against gay marriage as discriminatory in the same sense that Jim Crow laws were, it’s tough to accept the premise that a gay judge could not ethically decide this case. (Yes, laws against gay marriage are not the same as Jim Crow laws. But that simplistic observation does not, without more, undercut the force of the analogy.) Would a black judge be required to recuse himself from hearing a challenge to Jim Crow laws? Somehow, the intuitive answer to that question is no, of course not. Why is this different?

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Should the Prop. 8 Decision Have Been Made by a Gay Judge?

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