tag:blogger.com,1999:blog-87652547849411766882024-03-13T22:55:06.593-05:00Ipse Blogit"Because We Blogged It" -- a view of law, life, and after, from the keyboards of Jim and Matt, two guys who don't have any compunction about telling anyone at all what we think.Jim Craighttp://www.blogger.com/profile/13414789047570011778noreply@blogger.comBlogger487125tag:blogger.com,1999:blog-8765254784941176688.post-27093702425228897082010-12-22T17:20:00.004-06:002010-12-22T17:42:33.688-06:00Haley's Blind Spot, And OursIn conversations with folks about the now-infamous <a href="http://www.reuters.com/article/idUSTRE6BL4LM20101222"><strong><span style="color:#cc0000;">"Citizens' Council"</span></strong></a><span style="color:#cc0000;"> </span>remark made by Gov. Barbour to Andrew Ferguson of the <a href="http://www.weeklystandard.com/articles/boy-yazoo-city_523551.html"><span style="color:#cc0000;"><strong>Weekly Standard</strong></span></a><span style="color:#cc0000;"><strong>,</strong></span> many have been surprised that a consummate politician like Mr. Barbour could commit such an obvious gaffe.<br /><br />But consider this: maybe the Governor just has a blind spot in this area. Doesn't anybody remember the "whorehouse" comment reported by <a href="http://www.freerepublic.com/focus/f-news/910519/posts"><span style="color:#cc0000;"><strong>The Commercial Appeal</strong></span></a> by then-candidate Barbour during the 2003 campaign:<br /><br /><br /><blockquote><p>Mississippi gubernatorial candidate Haley Barbour scored points in DeSoto County on Monday regarding support for The Med but raised eyebrows with a comment about Head Start during a tour of Sacred Heart School in Southaven.<br /><br /><strong><span style="color:#000099;">"Head Start is a godsend for Mississippi," the Republican told Sacred Heart principal Laura Clark. "Some of those kids in it would be better off sitting up on a piano bench at a whorehouse than where they are now." </span></strong></p><p>Clark said she understood the context of the remark, though she was surprised by his choice of words.<br /><br />"I think he was trying to represent an extreme situation," she said. "I wasn't offended by it. I believe I know what he meant."</p></blockquote>And just as is happening now, Mr. Barbour's damage control team went into high gear. Again, from the Commercial Appeal's 2003 story:<br /><br /><br /><blockquote>Later Monday, Barbour's communications director said the candidate - who's a deacon in his church and a Sunday school teacher - meant no disrespect.<br /><br /><strong><span style="color:#000099;">"It was just a figure of speech,"</span> </strong>said Quinton Dickerson "Haley was making a point about why Head Start is so important, especially for children who are in a tough situation."</blockquote>Oh, ok. "Just a figure of speech." Sorry, but the choices one makes in speech -- conscious or not -- prove one's character by circumstantial evidence. In both the "whorehouse" and the "Citizen's Council" remarks, our Governor has exposed the fact that his worldview is distorted by Mississippi's racist past.<br /><br />Now, there is a difference between <strong>active racism</strong>, which acts to hurt or oppress an insular minority group because of their race or ethnicity -- and <strong>passive racism</strong>, which accepts stereotypes about that minority group(for example, that children of impovershed communities would be better off in a whorehouse). The latter isn't good; but it's not the former, either. <br /><br />Most of us born into the majority race, or into the more empowered economic sector of our society, have the same blind spot as Governor Barbour. The Governor's positive remark about the Citizen's Council shouldn't be (dare I say it) whitewashed. But neither should we take pains to remove the speck in Gov. Barbour's eye to repair his blind spot, before we've removed the log that blinds our own perspective.Jim Craighttp://www.blogger.com/profile/13414789047570011778noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-63430121383368232202010-12-21T15:21:00.000-06:002010-12-21T15:21:15.135-06:00Gov. Barbour, the Avett Brothers have a message for youSurely you've now heard about Haley Barbour's remarks concerning growing up in Yazoo City amongst the Citizen's Council. If you haven't, here's what he said:<br />
<blockquote>"You heard of the Citizens Councils? Up north they think it was like the KKK. Where I come from it was an organization of town leaders. In Yazoo City they passed a resolution that said anybody who started a chapter of the Klan would get their ass run out of town. If you had a job, you'd lose it. If you had a store, they'd see nobody shopped there. We didn't have a problem with the Klan in Yazoo City."</blockquote><br />
I had some fun with this on Facebook, posting the following: <blockquote>Governor Barbour as president after a trip to Afghanistan: "You ever heard of the Taliban? Back home they think it's like al Qaeda. Over here it's really like an organization of town leaders."</blockquote><br />
A good bit of back and forth ensued, so I thought it would be a good time to crank the blog back up to delve into this issue a bit more.<br />
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If you question whether or not Barbour's portrayal of the Citizen's Council might actually be accurate, go over to Tom Freeland's site and read his excellent work <a href="http://nmisscommentor.com/politics/gov-barbour-revises-the-citizens-council-history/">here</a> and <a href="http://nmisscommentor.com/politics/fact-checking-gov-barbour-some-notes-on-the-origins-of-the-citizens-council-in-yazoo-city/">here</a>. Then go over to the Mississippi Department of Archives and History, and search their Sovereignty Commission files on their website. (The general page is <a href="http://mdah.state.ms.us/arrec/digital_archives/sovcom/">here</a>, and the Yazoo County folder is <a href="http://mdah.state.ms.us/arrec/digital_archives/sovcom/imagelisting.php?foldercheckbox[]=44|2|13||0&searchimages=Submit+Query">here</a>.) As a side note, MDAH never gets enough credit for putting this information online.<br />
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Now, what does all of this mean? Yeah, Barbour tried to backtrack from his statement by <a href="http://www.politico.com/blogs/bensmith/1210/Barbour_clarifies_Citizens_councils_indefensible.html?showall">releasing another one</a>. And the conservative blogosphere outside of Mississippi has decided his presidential campaign is <a href="http://voices.washingtonpost.com/plum-line/2010/12/conservative_bloggers_agree_ha.html">over before it really began</a>. But really, what's the larger lesson here? What's the takeaway?<br />
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In my humble opinion, it is this: Haley Barbour, current head of the Republican Governor's Association, has been widely regarded by GOP leaders across the nation as the next Republican president or vice-president. But until Barbour makes a decision about who he is, he's not going to be either of those things. Barbour's dilemma is, in a way, the dilemma of the Republican Party as a whole. The Republican Party since Nixon has had two types: those who go to the Citizens Council meetings to elicit votes and are genuinely ashamed of it, and those who go but aren't.<br />
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There's a line from the Avett Brothers' song <a href="http://www.youtube.com/watch?v=t43VgJ4U9_Q">"Head Full of Doubt"</a> that applies here: "Decide what to be, and go be it."<br />
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The Republican Party, if it is to morph into something viable beyond the expiration date of Nixon's Southern Strategy, is going to have to quit playing footsie with racists. Any Mississippi politician who wishes to be taken seriously on the national level is going to have to display a commitment to understanding that what went on in this state was horrible, despicable, shameful and indefensible. They'll have to understand it and live it. Mississippi Republicans do neither, and it's past time they started.<br />
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In closing, I'm going to leave you with two things. First, an article from the Southern Poverty Law Center's Intelligence Report from Fall 2004 in which they explore <a href="http://www.splcenter.org/get-informed/intelligence-report/browse-all-issues/2004/fall/communing-with-the-council?page=0,0">the links between politicians and the CCC</a>. (Guess who's featured?) Second, a picture from the CCC's annual convention at Black Hawk, MS, in 2003:<br />
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<div class="separator" style="clear: both; text-align: center;"><a href="http://www.splcenter.org/sites/default/files/legacy/images/dynamic/intel/report/29/mainccc_barbour_200x135.jpg" imageanchor="1" style="margin-left:1em; margin-right:1em"><img border="0" height="134" width="200" src="http://www.splcenter.org/sites/default/files/legacy/images/dynamic/intel/report/29/mainccc_barbour_200x135.jpg" /></a></div>Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-91247587888357074192010-12-14T14:21:00.000-06:002010-12-14T14:21:41.108-06:00Senior Judge Green, and some predictionsLast month, I wrote that I was mulling over the changes I thought Judge Green would make when she becomes Senior Circuit Judge in Hinds County. The Hinds Senior Circuit Judge, as I mentioned, has some rather interesting and unique powers. For example, she can split the circuit into two divisions of two judges each, one handling exclusively criminal cases and the other handling only civil. She also has appointment power over the Hinds County Public Defender. I've had some time to think on it, and to read some tea leaves. Here's what I think will (and won't) happen:<br />
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1. As for splitting the circuit into two divisions, that's not going to happen. Judge Green, contrary to what some might believe, enjoys trying criminal cases. She's tried 3 in the past month or so, which is a fairly high number for Hinds. <br />
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2. Bill LaBarre will remain the public defender. A lot of speculation surfaced shortly after the election that Judge Green would make a change upon taking the bench. That speculation was uninformed, as Bill LaBarre's term coincides with Robert Shuler Smith's, not Judge Yerger's. (Yerger appointed him to replace Tom Fortner back in 2006.) There's still another year in LaBarre's term. It's possible that later this year, LaBarre could have some competition for his job. But that's a year off, so we'll see.<br />
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3. Judge Green will move to the big courtroom and into Judge Yerger's office. The audio equipment, I'm almost positive, is coming with her. (That's some excellent news.)<br />
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4. Drug Court may see an overhaul. The enrollment numbers have dropped precipitously, and I've heard that funding may have recently been cut as a result. Judge Green is known to care quite a bit about the future of the criminal defendants and actually attempting to rehabilitate them rather than simply punishing them. The falling numbers in Drug Court are sure to get some attention from Judge Green.<br />
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5. What will become of the Jackson Enforcement Team (JET) Grant judge positions? Judge Green was opposed to the creation of the two special judge slots and the JET docket altogether. The current JET grant program runs out of money in October of 2011. Don't expect to see it extended.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-48093026612360883632010-11-29T16:57:00.000-06:002010-11-29T16:57:59.723-06:00Google Public Data and Mississippi's jobs numbersSome interesting jobs data here:<br />
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<iframe width="400" height="325" frameborder="0" scrolling="no" marginwidth="0" marginheight="0" src="http://www.google.com/publicdata/embed?ds=usunemployment&ctype=l&strail=false&nselm=h&met_y=unemployment_rate&scale_y=lin&ind_y=false&rdim=state&idim=state:ST280000&tdim=true&tstart=631152000000&tunit=M&tlen=249&hl=en&dl=en"></iframe><br />
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I can't help but notice something right off: There's the obvious Katrina bump in unemployment. But if you look closer, you'll see that things were getting bad even before Katrina, even as the national economy improved.<br />
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Speaking of Katrina, take a look at the comparison between Louisiana and Mississippi:<br />
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<iframe width="400" height="325" frameborder="0" scrolling="no" marginwidth="0" marginheight="0" src="http://www.google.com/publicdata/embed?ds=usunemployment&ctype=l&strail=false&nselm=h&met_y=unemployment_rate&scale_y=lin&ind_y=false&rdim=state&idim=state:ST280000:ST220000&tstart=631152000000&tunit=M&tlen=248&hl=en&dl=en"></iframe><br />
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Interesting, huh?Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-72844409668165490392010-11-23T14:12:00.000-06:002010-11-23T14:12:28.714-06:00Turnout very light in Hinds runoffIt appears as though voter turnout in today's Hinds County judicial runoff will be a fraction of what it was on Nov. 2nd. The only race on the ballot is the race between Special Circuit Judge Melvin Priester and Brent Southern to replace retiring County Judge William Barnett.<br />
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Priester came close to winning the seat outright on Nov. 2nd, and would presumably be the winner of today's runoff. However, with turnout as low as it currently is (I was the 18th voter at Eudora Welty's Precinct 1 at lunchtime), it's up in the air.<br />
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My hunch is Priester pulls this out, due to his GOTV efforts.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-32756666769522971512010-11-19T16:55:00.000-06:002010-11-19T16:55:34.763-06:00Checking inSo, I absolutely nailed the election predictions. Every. Single. Last. One. Don't have a read on the Priester-Southern run-off yet, but I'm thinking Priester was just too close not to pull it off. That being said, I've seen plenty of run-off elections where the leader in the general election loses. That usually happens because those who voted for one of the other candidates voted as much against the general election leader as they did for their candidate. (Charlie Ross comes to mind....) I think Priester is well-liked, and will most likely pull it out. I don't expect a landslide either way, though.<br />
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That brings me to another matter, which I'm mulling over and am not ready to fully post about: what changes will Judge Tomie Green make to the Hinds County Circuit Court when she takes over as Senior Judge in January? We already know she's moving into Yerger's current office and courtroom. I hope she takes her modern audiovisual equipment with her, as the acoustics in "the big courtroom" are horrible. (Ask anyone who was there for the special venire in State v. Stanley Cole.) But what about the substantive changes? The senior judge in Hinds has some rather interesting powers. She can, for instance, split the circuit into a criminal and a civil division. She also has appointment power over the Public Defender. She can also substantially influence the appointment of special circuit court judges by the Supreme Court. <br />
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I also may have my hands on something concerning a former public official who's no longer with us. We'll see.<br />
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So that's what's bouncing around my mind at the moment. I'll post on it soon.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-56389409164518682592010-11-01T16:59:00.001-05:002010-11-01T17:00:16.702-05:00Election predictions<div class="separator" style="clear: both; text-align: center;"><a href="http://1.bp.blogspot.com/_WILLRfwWbo8/TM8q47paLXI/AAAAAAAAACY/6ndlwpkttOg/s1600/ElectionEve.jpg" imageanchor="1" style="margin-left: 1em; margin-right: 1em;"><img border="0" height="320" src="http://1.bp.blogspot.com/_WILLRfwWbo8/TM8q47paLXI/AAAAAAAAACY/6ndlwpkttOg/s320/ElectionEve.jpg" width="240" /></a></div><br />
It's Election Eve 2010, and the above picture is of the boxes going out from the Hinds County Courthouse. There are several contested races here in Hinds County, and I'm going to take a crack at predicting them. Here we go:<br />
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U.S. Representative, 2nd District: Bennie Thompson over Bill Marcy<br />
U.S. Representative, 3rd District: Gregg Harper over Joel Gill<br />
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Mississippi Court of Appeals, District 2 Position 1 - Tyree Irving over Ceola James <br />
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Hinds County Circuit Judge, District 1 - Jeff Weill over Ali Shamsiddeen and Bruce Burton (no runoff)<br />
Hinds County Circuit Judge, District 4 - Bill Gowan over Malcolm Harrison<br />
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Hinds County County Court Judge, District 1 - Brent Southern and Melvin Priester head to a runoff<br />
Hinds County County Court Judge, District 2 - Houston Patton over Bridgett Clayton and Henry Clay<br />
Hinds County County Court Judge, District 3 - Bill Skinner over Michael Williams<br />
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Guess we'll see how good I was at this tomorrow evening.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-89778490931554439712010-08-25T15:20:00.000-05:002010-08-25T15:20:19.210-05:00Karen Irby settles with Dedousis and Pogue families; Plaintiffs agree to take care of Karen Irby's debtsThe Pogue and Dedousis families settled their claims against Karen Irby on August 4, 2010. Did I miss some discussion of this somewhere? Google's telling me I didn't. The interesting part of this is on the second page, where the plaintiffs agree to handle Karen Irby's debts. Looks like Karen's handing them the keys to both her assets and her liabilities, and saying "have at it."<br />
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<a href="http://www.scribd.com/doc/36422319/Karen-Irby-settles-with-Pogue-and-Dedousis-Families" style="display: block; font: 14px Helvetica,Arial,Sans-serif; margin: 12px auto 6px; text-decoration: underline;" title="View Karen Irby settles with Pogue and Dedousis Families on Scribd">Karen Irby settles with Pogue and Dedousis Families</a> <object data="http://d1.scribdassets.com/ScribdViewer.swf" height="500" id="doc_857918795748405" name="doc_857918795748405" rel="media:document" resource="http://d1.scribdassets.com/ScribdViewer.swf?document_id=36422319&access_key=key-1bvxnnh6qsnxlsc6rk8t&page=1&viewMode=list" style="outline: medium none;" type="application/x-shockwave-flash" width="100%"> <param name="movie" value="http://d1.scribdassets.com/ScribdViewer.swf"> <param name="wmode" value="opaque"> <param name="bgcolor" value="#ffffff"> <param name="allowFullScreen" value="true"> <param name="allowScriptAccess" value="always"> <param name="FlashVars" value="document_id=36422319&access_key=key-1bvxnnh6qsnxlsc6rk8t&page=1&viewMode=list"> <embed id="doc_857918795748405" name="doc_857918795748405" src="http://d1.scribdassets.com/ScribdViewer.swf?document_id=36422319&access_key=key-1bvxnnh6qsnxlsc6rk8t&page=1&viewMode=list" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" height="500" width="100%" wmode="opaque" bgcolor="#ffffff"></embed> </object>Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-5063323458862175542010-08-25T14:44:00.001-05:002010-08-25T14:46:23.167-05:00This is painfulThis has to be one of the strangest interviews I've ever seen. And I mean worse than poor Basil Marceaux:<br />
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http://tv.gawker.com/5621836/providence-mayoral-candidate-gives-worst-on+camera-interview-everMatt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-32545619548493787592010-08-09T18:57:00.000-05:002010-08-09T18:57:34.118-05:00Report: FEC says no foul in Pickering-Barbour-Vitter contribution circleThe Washington Examiner, not exactly a neutral publication, <a href="http://www.washingtonexaminer.com/breaking/fec-rules-in-favor-of-vitter-barbour-pickering-100297514.html">reports</a> that the FEC has cleared Chip Pickering, Gov. Barbour, and Sen. David Vitter in an alleged campaign contribution shell game reported here in previous posts <a href="http://ipseblogit.blogspot.com/2009/09/congressional-quarterly-runs-with.html">here</a>, <a href="http://ipseblogit.blogspot.com/2009/09/some-thoughts-on-pickering-vitter.html">here</a>, <a href="http://ipseblogit.blogspot.com/2009/10/louisiana-democratic-party-files-fec.html">here</a>, and <a href="http://ipseblogit.blogspot.com/2009/10/louisiana-democratic-partys-federal.html">here</a>. The Examiner says:<br />
<blockquote>Federal authorities say there's no reason to believe Louisiana Sen. David Vitter's campaign violated the law by accepting a contribution from a political action committee of Mississippi Gov. Haley Barbour.<br />
Louisiana Democrats claimed the contribution from "Haley's PAC" was really from former Mississippi U.S. Rep. Chip Pickering and that it was illegally funneled through Barbour's PAC to avoid publicity.<br />
But the Federal Elections Commission, in a ruling made public Monday, dismissed the complaint.</blockquote>I haven't seen the FEC ruling yet, but I do note that this was originally made public back <a href="http://www.fec.gov/press/press2010/20100716Digest.shtml">on July 16, 2010</a>. I'll say that this isn't a refutation of the original charge of playing a shell game with the contribution. Instead, this reads as "neither contribution was over the limit, and there isn't sufficient proof of hijinks":<br />
<blockquote>In its release, the FEC noted that both of the contributions in question were disclosed and that neither was "excessive or prohibited."</blockquote>Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-69201153178755331652010-08-09T17:33:00.000-05:002010-08-09T17:33:55.990-05:00A World Without LawyersHere's <a href="http://www.metacafe.com/watch/5010481/a_world_without_lawyers/">a great video</a> from Consumer Attorneys of California. It's a short and sweet rebuttal to the years upon years of awful propaganda spewing out of the U.S. Chamber of Commerce. Of course, much more is needed.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com3tag:blogger.com,1999:blog-8765254784941176688.post-53278942985332075772010-07-29T12:59:00.000-05:002010-07-29T12:59:13.006-05:00Delbert declines to announce, touts need to "reorganize" state governmentDelbert Hosemann chose not to make an announcement to run for Governor next year. He focuses on the need to reorganize state government (whatever that means) and speaks a little about immigration. Now here's the kicker, and what will likely drive speculation for up to another 6 months: Delbert didn't say he was running for Governor, but he didn't say he wasn't, either.<br />
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h/t to Patsy Brumfield and her <a href="http://twitter.com/REALNEWSQUEEN">Twitter page</a>, which is the best place for Neshoba updatesMatt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-37541017920050519032010-07-25T21:17:00.001-05:002010-07-25T22:59:31.878-05:00WikiLeaks may have just changed the course of American history *UPDATED WITH LINKS*<a href="http://wikileaks.com/">WikiLeaks.com</a> has just published the "<a href="http://www.wikileaks.com/wiki/Afghan_War_Diary,_2004-2010">Afghan War Diary</a>," which is described as:<br />
<blockquote>...an extraordinary compendium of over 91,000 reports covering the war in Afghanistan from 2004 to 2010. <br />
The reports, while written by soldiers and intelligence officers mainly describing lethal military actions involving the United States military, also include intelligence information, reports of meetings with political figures, and related detail. </blockquote>The question is this: if the American public hears the DoD's own accounts of civilian deaths, will the accepted become unacceptable? How will this affect public opinion on the Afghan war, and on war in general?<br />
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*UPDATE* WikiLeaks' <a href="http://twitter.com/wikileaks">Twitter feed</a> is a great source for links to media coverage of the War Diary. The Guardian <a href="http://www.guardian.co.uk/world/2010/jul/25/afghanistan-civilian-deaths-rules-engagement">has a story up</a> on civilian casualties listed in the War Diary that links the type of stories I was referring to in the body of this post above. The New York Times has <a href="http://www.nytimes.com/interactive/world/war-logs.html">a section of its website</a> dedicated to the War Diary, and its first story focuses on <a href="http://www.nytimes.com/2010/07/26/world/asia/26isi.html?_r=1">the link between Pakistan and the insurgents</a>. Also, Der Spiegel has <a href="http://www.spiegel.de/international/world/0,1518,708314,00.html">a section up</a> as well, and they've subdivided what they've determined to be the most important information from the War Diary. Topics include the problems with Predator drones, a secret group of warriors known as "Task Force 373", and problems with U.S. intelligence agencies.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-28902347456297682952010-07-25T10:42:00.000-05:002010-07-25T10:42:45.178-05:00Sunday mornin' quick hitsJerry Mitchell and Molly Parker over at the Clarion-Ledger have several items today on our state's approach to mental health issues. There's <a href="http://www.clarionledger.com/article/20100725/NEWS/7250339/Family++Patient+s+too-soon+release+led+to+his+suicide">a heart-rending story</a> about the suicide of a patient recently released from Whitfield, <a href="http://www.clarionledger.com/article/20100725/NEWS/7250347">a detailed piece</a> on the deep cuts to mental health funding, and <a href="http://www.clarionledger.com/article/20100725/NEWS/7250341">an article</a> on the lack of adequate housing for mental health patients. I've had quite a bit of experience with people suffering from mental health problems, and I can't stress enough how strong the link is between crime and poor mental health. If you doubt me, ask your local sheriff.<br />
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The New York Times has <a href="http://www.nytimes.com/2010/07/25/us/25roberts.html?_r=1&hp">a study</a> on the direction of the U.S. Supreme Court under Chief Justice Roberts. To no one's surprise, the study concludes that the Roberts Court is the "the most conservative one in living memory." For those that don't follow the USSC that closely, there's <a href="http://www.nytimes.com/interactive/2010/07/25/us/scotus-quiz.html?ref=us">an interactive feature</a> that matches you to a justice based on your responses to several questions.<br />
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Dana Priest and William Arkin of the Washington Post have been working on a project for the past two years on our nation's intelligence infrastructure, and the fruits of their labor can now be found at <a href="http://projects.washingtonpost.com/top-secret-america/">"Top Secret America."</a> The project has been widely praised. I'd say that I look forward to reading what they've uncovered, but I'm not exactly sure I want to know...<br />
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Finally, if you haven't seen <a href="http://inceptionmovie.warnerbros.com/">Inception</a> yet, you're missing out. I haven't had that much fun watching a movie in a long, long time. The hotel hallway scenes alone are worth the price of admission, especially once you find out how it was done.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-84539820431792953512010-07-22T09:37:00.000-05:002010-07-22T09:37:02.299-05:00Here's what you need to watch re: HosemannEarlier this week, I posted word that Secretary of State Delbert Hosemann would announce for Governor this Thursday. It's <i>next</i> Thursday. Here's a link to the Neshoba County Fair's <a href="http://www.neshobacountyfair.org/schedule.html">schedule</a>. Notice that Delbert speaks just before Phil. That should be very, very interesting, as people close to the situation would be shocked if Delbert failed to announce a gubernatorial bid.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-33151563734627261942010-07-18T11:37:00.000-05:002010-07-18T11:37:23.236-05:002011 Rumor MillHere's what I'm hearing is happening out there:<br />
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<ul><li>Sen. Billy Hewes has ordered signs that read "Lt. Gov. Hewes." Folks think that's a bit presumptuous.</li>
<li>Stacy Pickering and Tate Reeves will round out the Lt. Gov. field on the GOP side</li>
<li>Most elected Democrats are staying put and running for reelection, in contrast to the fratricide about to occur on the GOP side </li>
<li>Tate Reeves should raise a ton of money at an upcoming Jackson fundraiser, to be held at Bravo! tomorrow night</li>
<li>The turnout at Phil Bryant's Thursday night fundraiser at the Jackson Country Club was sparse, and there could be a surprising reason for that...</li>
<li>That surprising reason is Delbert Hosemann's announcing he'll run for Governor this coming Thursday.</li>
</ul>Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com5tag:blogger.com,1999:blog-8765254784941176688.post-49619783410330890882010-07-18T11:25:00.000-05:002010-07-18T11:25:50.937-05:00An uncomfortable morning for Commissioner Steve SimpsonJerry Mitchell's got <a href="http://www.clarionledger.com/article/20100718/NEWS/7180371/Man+s+release+under+scrutiny">an article on a kerfuffle</a> over the early release of a Gulf Coast businessman after he was charged with punching his wife several times in the face. Long story short, John Ruble, head of the Gulfport Home Builders Association, was arrested for domestic violence, and Municipal Judge ordered him held without bond until noon the following morning, at which time Ruble could be released on a $1,000 bond. The Harrison County Sheriff, Melvin Brisolara, released Ruble on his own recognizance into the custody of Public Safety Commissioner Steve Simpson at 8:41 a.m. The Public Integrity Division of the Attorney General's office found there was no criminal wrongdoing, but did advise the municipal judge that he is free to pursue the civil contempt avenue as he sees fit. <br />
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This matters because Simpson has frequently confirmed that he is looking at a race against Attorney General Jim Hood. Simpson would certainly like to be able to attack Hood for not pursuing state charges against those involved in the Scruggs scandals due to his relationship with some of them. Simpson's ability to do that just took a major blow, as Hood could now easily and effectively respond: "I declined to waste state resources on a useless state prosecution; you violated a judge's order to get an alleged wife-beater out of jail early." It also could contribute to a very uncomfortable meme about Republicans in light of Gov. Barbour's, um, misguided use of his pardon power.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com2tag:blogger.com,1999:blog-8765254784941176688.post-34032768816657923512010-07-15T14:52:00.001-05:002010-07-15T14:57:48.568-05:00SAYS BP: WELL IS CAPPED & CAP IS WORKING.According to <a href="http://wlox.com/">WLOX.com</a>, BP is saying the well has been capped, and that no oil is flowing into the Gulf.<br />
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UPDATE: Here's a link to the <a href="http://www.msnbc.msn.com/id/38255728/ns/disaster_in_the_gulf/">live feed</a> of the wellhead and a story on the cap.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-24199116272839155442010-07-15T13:50:00.000-05:002010-07-15T13:50:31.127-05:00An option I'm sure Chip Pickering is relieved Leisha Pickering did not pursueAs far as I know, the <a href="http://ipseblogit.blogspot.com/2009/07/leisha-pickering-v-elizabeth-creekmore.html">alienation of affection matter</a> between Leisha Pickering and Elizabeth Creekmore Byrd is still ongoing, and <a href="http://ipseblogit.blogspot.com/2009/07/temporary-restraining-order-in.html">Chip Pickering's diary</a> is still providing presumably colorful <i>in camera</i> reading. But, there's some good news for Chip and his alleged paramour: at least they didn't get arrested. The Columbus Dispatch is <a href="http://www.cdispatch.com/news/article.asp?aid=6979">reporting</a> on a Noxubee County case where cheating husband and his supposed mistress were arrested for adultery and fornication:<br />
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<blockquote> Lashawn Williams, 33, of 294 Pilgrim Rest Road in Noxubee County and Roshanda Jackson, 30, of 183 Oliver Road, were arrested July 1 when Williams' wife, Cortiga, pressed charges on her allegedly unfaithful husband and Jackson. </blockquote><blockquote> Lashawn Williams and Jackson were charged with adultery and fornication, respectively; both crimes carry the same penalty, up to $500 and jail time up to six months. Both were released July 1 on $1,000 bond, according to the Noxubee County Jail. </blockquote><blockquote><div class="article_text"> </div><div class="article_text"> "We do have to follow the legal process," (Columbus Assistant Police Chief Joe) Johnson said. "If A and B are married, and if B signs an affidavit on A and C because they are involved, they all have to come to court."</div></blockquote> The story goes on to detail some of the odd laws that are still on the books, most of which have to do with some sort of frowned-upon act of intimacy, and the chances of any of them being repealed. From my point of view, I see the chances of Leisha Pickering causing arrest warrants to be issued for Chip and Elizabeth Creekmore Byrd as being only <i>slightly</i> higher than the chances of the Legislature repealing a single criminal statute.Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com2tag:blogger.com,1999:blog-8765254784941176688.post-985612656177008352010-07-09T15:52:00.000-05:002010-07-09T15:52:04.366-05:00What's taking so long on the Richard Birkhead case?The hand down lists from the Mississippi Supreme Court and Court of Appeals are often noted in the blogosphere for what they contain, not what they lack. But quite a bit of intrigue is currently swirling around what the MSSC's recent hand downs have been lacking.<br />
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First, here's what a hand down contained back in February, 2009: Birkhead's conviction for capital murder was <a href="http://www.mssc.state.ms.us/Images/Opinions/CO53524.pdf">affirmed</a>. The main issue (as far as the dissenting justices and I see it, at least) was whether or not the admission of the death certificate at trial was proper. Justice Randolph wrote the 6-vote majority opinion, which held that the death certificate (with its attendant declarations concerning the timing of the injury and death) was admissible under MRE 902(4). The majority opinion relies on what I believe to be problematic logic. On one hand, the majority says the defense had (and capably exercised) ample opportunity to discredit the veracity of the death certificate's allegations concerning the times of injury and death. On the other, the majority relies on 902(4), which is founded upon the belief that certain official documents, such as the death certificate in this case, have a reasonable degree of trustworthiness. (Which in this case is an exhibition of the <a href="http://www.fallacyfiles.org/authorit.html">ipse dixit fallacy</a>, from which this blog gets its name. Funny how that worked out.)<br />
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Justice Dickinson hit the nail on the head when he called the times in the death certificate "pure, rank, unadulterated hearsay provided by a police officer who was neither identified nor produced for cross-examination" which "emasculated Birkhead’s theory of the case." Justice Kitchens drives it home with authority when he reminds the majority that Rule 902(4) deals with authentication, not admissibility, and that the two are very distinct things. <br />
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Now, here's what's <i>not </i>on the hand down lists: A decision on Birkhead's Motion for Rehearing, which was filed on March 5, 2009. <b>That's 1 year and 4 months ago</b>. (Here's <a href="http://www.mssc.state.ms.us/scripts/websiteX_cgi.exe/print?case_num=64506">a copy of the docket</a> in <i>Birkhead</i>.)<br />
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Why the 16 month delay? Well, my guess is that <a href="http://www.supremecourt.gov/opinions/08pdf/07-591.pdf"><i>Melendez-Diaz v. Massachusetts</i></a> and <a href="http://www.supremecourt.gov/opinions/09pdf/07-11191.pdf"><i>Briscoe v. Virginia</i></a> being decided in the interregnum had at least some effect on the MSSC. <i>Melendez-Diaz </i>was decided on June 25, 2009, and may well have given some majority justices doubt about their vote in <i>Birkhead</i>.<i> </i>As those justices pondered their vote on the rehearing<i>, Briscoe</i> loomed. <i>Briscoe </i>was to be the opportunity for the Court to limit its holding in <i>Melendez-Diaz</i>, and I'd bet that the MSSC justices were waiting on that decision. <i>Briscoe</i> dropped on January 25, 2010, and in it the USSC reaffirmed its reliance on the reasoning in <i>Melendez-Diaz</i>.<br />
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Well, now that <i>Briscoe</i>'s answered any questions about whether Justice Sotomayor would look to disturb the <i>Melendez-Diaz</i> reasoning, one has to wonder how much longer it will be until we see <i>Birkhead</i> back on the hand down.<br />
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(For more blogging on Birkhead, see Will Bardwell's posts <a href="http://blog.bardwelllaw.com/2010/04/24/birkhead-still-on-the-board.aspx">here</a> and <a href="http://blog.bardwelllaw.com/2010/02/05/melendezdiaz-coming-to-mississippi.aspx">here</a>.)Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-1915518213359531282010-07-08T13:11:00.000-05:002010-07-08T13:11:38.174-05:00Just who is J. Christian Adams?<a href="http://www.wnd.com/index.php?fa=PAGE.view&pageId=175729">WorldNetDaily</a> and other Right-wing media outlets are all aflame over the testimony of J. Christian Adams, a former employee of the Department of Justice. In essence, Mr. Adams accuses the DoJ under Attorney General Eric Holder of refusing to investigate claims of civil rights abuses against whites. <br />
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I just want to take this opportunity to remind everyone of who J. Christian Adams is. <a href="http://www.mainjustice.com/2009/12/02/doj-attorney-fights-to-testify-about-black-panthers/">According to MainJustice.com</a>:<br />
<blockquote>Adams was hired in 2005 by then-Civil Rights Division political appointee Bradley Schlozman, according to a person familiar with the situation. Schlozman was found in <a href="http://www.justice.gov/oig/special/s0901/final.pdf">this joint investigation</a> of the Justice Department’s Inspector General and Office of Professional Responsibility to have violated civil service rules by improperly taking political and ideological affiliations into account when making career attorney hires.<br />
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Before coming to the Justice Department, Adams volunteered with the National Republican Lawyers Association, an offshoot of the Republican National Committee that trains lawyers to fight on the front lines of often racially tinged battles over voting rights.</blockquote>The report referenced by Main Justice was one of the more staggering indictments of the Bush-era Department of "Just Us." (New York Times article on the report may be found <a href="http://www.nytimes.com/2009/12/03/us/politics/03rights.html?_r=1">here</a>.) It details (with emails and voicemail transcripts) Schlozman's iron grip on hiring in the Special Litigation, Employment Litigation, Voting, Criminal, and Appellate sections of the DoJ's Civil Rights Division: It also documents Schlozman's forwarding of emails containing racist jokes. We also find out that Schlozman only wanted "real americans (sic)," not "politburo (sic) members" who'd actually demonstrated some concern over civil rights, and that he actively recruited Federalist Society members. (Not only did Schlozman innovate the use of one of Sarah Palin's favorite terms, he also apparently tried to start an anti-capitalization fad as well.)<br />
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So, guess who hired Adams?Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com4tag:blogger.com,1999:blog-8765254784941176688.post-84694590294082478382010-07-07T16:41:00.000-05:002010-07-07T16:41:56.147-05:00Nearing completion on the new officeI apologize for the light posting lately. I've been quite busy with the new practice, which is a great problem to have. Add in the task of renovating the new office, and posting has been difficult. We're getting close to the finish line on the new office, which will free-up some posting time. So, over the next few weeks, expect a return to normal.<br />
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Thanks for bearing with me,<br />
<br />
MattMatt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-78107731303731850672010-07-07T10:08:00.001-05:002010-07-07T15:41:07.768-05:00WTF, MDOT?There is a TOTAL blockage of I-55 Southbound traffic just after the Lakeland Drive exit. Although the lighted sign says that the left two lanes are closed, in fact the ENTIRE freeway is closed. Those benighted drivers who believed MDOT are now completely stuck.Jim Craighttp://www.blogger.com/profile/13414789047570011778noreply@blogger.com0tag:blogger.com,1999:blog-8765254784941176688.post-26520421121376773822010-07-06T13:38:00.000-05:002010-07-06T13:38:50.019-05:00Caught on tape: the GOP attempts to block the investigation into the oil spillYou know, I never thought I'd say this, but I think the GOP might actually lose their grip on the South. Why? Because they're doing things like <a href="http://news.yahoo.com/s/ynews/ynews_ts2660">apologizing to BP</a>. And this:<br />
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<object style="background-image: url("http://i3.ytimg.com/vi/nOAKBjYNHW0/hqdefault.jpg");" width="480" height="295"><param name="movie" value="http://www.youtube.com/v/nOAKBjYNHW0&hl=en_US&fs=1"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed src="http://www.youtube.com/v/nOAKBjYNHW0&hl=en_US&fs=1" allowscriptaccess="never" allowfullscreen="true" wmode="transparent" type="application/x-shockwave-flash" width="480" height="295"></embed></object><br />
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Seriously? Republicans don't want the Oil Spill Commission to have subpoena power? What are they afraid the Commission will find?Matt Eichelbergerhttp://www.blogger.com/profile/03518932804450447938noreply@blogger.com1tag:blogger.com,1999:blog-8765254784941176688.post-39043869462634328812010-06-29T16:51:00.001-05:002010-06-29T16:52:19.622-05:00This is one fantastic idea!The website <a href="http://www.israel21c.org/"><span style="color:#3333ff;"><strong>Israel 21C</strong></span></a> has broken the news of one helluva breakthrough in birth control: the Pill for men. The site <a href="http://www.israel21c.org/201006238085/health/a-birth-control-pill-for-men"><span style="color:#3333ff;"><strong>reports:</strong></span></a><br /><br /><blockquote><span style="color:#cc0000;">Prof. Haim Breitbart of Israel's Bar-Ilan University authored a breakthrough paper in 2006 describing how sperm survive in the uterus. Now the biochemist is taking those findings and using them against sperm. He's developed a number of novel compounds that have no affect on male sex drive, but succeed in impairing the reproductive ability of the sperm. If all goes according to his plan, a new male birth control pill could be on the market within the next five years.<br /><br />* * * *<br /><br />"The mice behaved nicely," Breitbart reports, "they ate and had sex; they were laughing, and everything, so all I can say is that we couldn't see any behavioral side-effects - <strong>all their sex behavior was retained, which is a very important consideration for human men</strong>. A man who takes this pill could also be sexually active later on and have children."</span></blockquote>AWESOME!Jim Craighttp://www.blogger.com/profile/13414789047570011778noreply@blogger.com0