Dear President Obama

By Findalis

Dear President Obama:

You are the thirteenth President under whom I have lived and unlike any of the others, you truly scare me.

You scare me because after months of exposure, I know nothing about you.

You scare me because I do not know how you paid for your expensive Ivy League education and your upscale lifestyle and housing with no visible signs of support.

You scare me because you did not spend the formative years of youth growing up in America and culturally you are not an American.

You scare me because you have never run a company or met a payroll.

You scare me because you have never had military experience, thus don’t understand it at its core.

You scare me because you lack humility and ‘class’, always blaming others.

You scare me because for over half your life you have aligned yourself with radical extremists who hate America and you refuse to publicly denounce these radicals who wish to see America fail.

You scare me because you are a cheerleader for the ‘blame America’ crowd and deliver this message abroad.

You scare me because you want to change America to a European style country where the government sector dominates instead of the private sector.

You scare me because you want to replace our health care system with a government controlled one.

You scare me because you prefer ‘wind mills’ to responsibly capitalizing on our own vast oil, coal and shale reserves.

You scare me because you want to kill the American capitalist goose that lays the golden egg which provides the highest standard of living in the world.

You scare me because you have begun to use ‘extortion’ tactics against certain banks and corporations.

You scare me because your own political party shrinks from challenging you on your wild and irresponsible spending proposals.

You scare me because you will not openly listen to or even consider opposing points of view from intelligent people.

You scare me because you falsely believe that you are both omnipotent and omniscient.

You scare me because the media gives you a free pass on everything you do.

You scare me because you demonize and want to silence the Limbaughs, Hannitys, O’Relllys and Becks who offer opposing, conservative points of view.

You scare me because you prefer controlling over governing.

Finally, you scare me because if you serve a second term I will probably not feel safe in writing a similar letter in 8 years.

Lou Pritchett

Lou Pritchet is a former vice president of Procter & Gamble whose career at that company spanned 36 years before his retirement in 1989, and he is the author of the 1995 business book, Stop Paddling & Start Rocking the Boat.

Mr. Pritchett confirmed that he was indeed the author of the much-circulated “open letter.” “I did write the ‘you scare me’ letter. I sent it to the NY Times but they never acknowledged or published it. However, it hit the internet and according to the ‘experts’ has had over 500,000 hits.

Obama’s filing against 9/11 families: so bad it’s good

Obama’s filing against 9/11 families: so bad it’s good Bizarre amicus brief totally demolishes the Second Circuit’s dismissal of the families’ suit, then replaces it with the most mendacious stupidity imaginable. Now the Supreme Court will HAVE to hear the case, just to avoid the implication that it accepted this garbage. Blogburst logo, petition9/11 families were stunned this week to learn that President Obama is asking the Supreme Court NOT to review their effort to recover damages from the government of Saudia Arabia and from several Saudi princes for funding al Qaeda’s 9/11 attack on America. That the defendants did funnel vast sums of money to al Qaeda was accepted as a given by the appellate court, as was the fact that al Qaeda was known to be dedicated to and engaged in violent attacks against America. So what was the Obama administration’s reason for siding with the Saudis? Solicitor General Elena Kagan’s amicus brief to the Supreme Court had to admit that the Second Circuit Court of Appeals erred in its grounds for denying the suit against the Saudi princes. No, the fact that the princes did not actually direct the al Qaeda attack on the United States does not relieve them of liability for attacks that they funded. The precedent on this is clear. As long as the defendant knew “that the brunt of the injury” from his tortious act would be felt in America, then:

… he must ‘reasonably anticipate being haled into court there’ to answer for his actions. [Calder v. Jones, 465 U.S. 783, 790. Cited on Kagan’s p. 18.]

Nevertheless, said Kagan, she could think of a way around the appellate court’s utter failure to get the heart of the case right. The families’ suit falls under the 1976 FSIA law that establishes exceptions to the principle of sovereign immunity. This law does not allow jury trials. Thus while the appellate court was clearly wrong to say that the suit should not be heard, Kagan suggests that there are snippets in the ruling that can be read as the appellate court acting in its role of trier of fact, and thus ruling against the families for providing insufficient evidence. In other words, instead of seeing the Second Circuit as rejecting the basis of the suit, we should see them as accepting the suit, and ruling against it on the substance. To make her argument that the appellate court actually did try the facts, she quotes the Second Circuit’s statement that:

Conclusory allegations that [Prince Turki] donated money to charities, without specific factual allegations that he knew they were funneling money to terrorists, do not suffice.

But of course the families DID marshal reasons why Turki could be expected to know that his donations were going to al Qaeda, as indicated by the appellate court’s further statements that there was no personal jurisdiction even if the defendants did “know that their money would be diverted to al Qaeda,” or were “aware of Osama bin Laden’s public announcements of jihad against the United States.” (Cited in the families’ reply brief, p.8, and in Kagan’s brief, p. 19, respectively.) For Kagan to pretend that the Second Circuit acted as a sufficient trier of fact, when it explicitly asserted that the facts don’t matter, is just an attempt to mislead the Court. The evidence that the Saudi Princes knew they were funding al Qaeda has yet to be considered by U.S. courts, even though Kagan herself admits that if they did know, they should be held liable. The families respond Of course the families are angry that Obama is blocking their access to the courts, despite their legitimate claims under U.S. law:

The Administration’s filing mocks our system of justice and strikes a blow against the public’s right to know the facts about who financed and supported the murder of 3,000 innocent people. It undermines our fight against terrorism and suggests a green light to terrorist sympathizers the world over that they can send money to al Qaeda without having to worry that they will be held accountable in the U.S. Courts for the atrocities that result. … The Administration’s filing is all the more troubling in that it expressly acknowledges that the courts below applied incorrect legal standards in dismissing the Saudi defendants, but nonetheless argues that the case — one that seeks to account for the terrorist attacks against America and the murder of our family members — does not warrant the Supreme Court’s time.

This at the same time as Obama insists that al Qaeda operatives held at Guantanamo Bay must be granted access to U.S. courts. Concocted rights for terrorists, yes. Following the law for the victims of terrorism, no. On Saudi state liability, Kagan again misleads to the point of outright dishonesty Here too, Kagan is forced to start out by noting that the grounds on which the Second Circuit Court of Appeals dismissed the families’ claims is not valid. The circuit court held that damages for terrorist acts have to be brought under the FSIA law’s special exception for terrorist acts, which requires that the state defendant be designated by the State Department as a terror supporting state. Since Saudi Arabia has not been so designated, suit cannot be brought under this provision, end of case. Wrong, as Kagan herself explains:

Congress’s concern was not to impose new limits on the domestic tort exception, but instead to expand jurisdiction to cover a narrow class of claims based on conduct abroad. See, e.g., H.R. Rep. No. 702, 103d Cong., 2d Sess. 3, 5 (1994) (explaining that the bill would “expand” jurisdiction to include claims by an American who is grievously mistreated abroad by a foreign government”).

This was necessary because the domestic tort exception only applies to injuries that occur on U.S. territory. Specifically, the domestic exception allows suit when:

1605(a)(5) – money damages are sought against a foreign state for personal injury or death, or damage to or loss of property, occurring in the United States and caused by the tortious act or omission of that foreign state.

In the wake of the Iranian hostage taking in Tehran, Congress wanted designated terror-supporting states to be liable for harms that they inflict on Americans even on their own territory, but this in no way was supposed to limit suit over harms that occur within the United States, such as the 9/11 murders. Confronted with this obviously wrong ruling by the Second Circuit, Kagan again tries to cobble together an alternative grounds for granting Saudi immunity. To fullfill this improbable command from above, she decides to flat-out lie about precedent, big bald astounding lies. Torturing “tortious” Notice that the language of the domestic tort exception is perfectly clear that what has to occur inside the United States is the personal injury or death, not the decision that leads to the personal injury or death. Suppose that the home office of a state owned shipping company decides to scrimp on safety equipment for its cargo vessels, leading to loss of American lives when cargo is offloaded in an American port. This is exactly the kind of thing that FSIA was intended to cover, but Kagan pretends otherwise, arguing that not only the tort (the harm), but also the “tortious act or omission” that creates the harm, have to take place inside the United States. In many cases there is no separation between the harm and the act that creates it. They both occupy the same time and place. Neither does the language of torts typically distinguish between the tort and the tortious act. Instead, the tortious act is seen as being realized when the tort (the harm) actually occurs. Kagan’s ploy is to try to make a distinction between the tort and the “tortious act” that leads to it, and she is able to come up with some out-of-context references to make it sound as if precedent demands that both the harm and the decision-making that leads to the harm have to occur here in America. She claims, for instance, that:

In Amerada Hess, the Court considered and rejected the argument that domestic effects of a foreign state’s conduct abroad satisfy the exception. 488 U.S. at 441.

Applied to the current case, she is clearly suggesting that the “domestic effect” corresponds to the 9/11 attacks, and that the “conduct abroad” corresponds to the statutorily required “tortuous act or omission” that in both cases took place outside of U.S. territory. A look at the actual Supreme Court ruling, however, shows this to be a gross misrepresentation of Ameranda Hess. Looking up Argentine Republic v. Amerada Hess Shipping Corp. and turning to p. 441 we find what the case was actually about:

In this case, the injury to respondents’ ship occurred on the high seas some 5,000 miles off the nearest shores of the United States. Despite these telling facts, respondents nonetheless claim that the tortious attack on the Hercules occurred “in the United States.”

In other words, it was the harm itself that in this case did not occur within U.S. territory. Contrary to Kagan’s representation, the Court was NOT making a distinction between the harm and decision that led to it and claiming that both had to occur within the United States. This kind of blatant misrepresentation of precedent is lawlessness! Is this how the Obama administration treats precedent? As fodder for utterly dishonest word games? YES. To preserve its own reputation, SCOTUS will have to hear the families’ case The Supreme Court asked the Obama administration to submit this brief. It cannot be ignored. If SCOTUS accepts guidance from this contemptuous document, then it is implicated in the Obama administration’s contempt for the law. If the sheer perversity of Kagan’s filing does force the Court to hear the families’ case, that would be a great outcome, but the downside risk is equally amplified. If the Court DOES accept Kagan’s guidance, it is a black black day for America. Meretricious cites and arguments dominate every paragraph of Kagan’s brief, except in two place: where she shoots down the Second Circuit’s patently errant grounds for dismissal. It almost seems like she started with a brief in support of the families’ suit before getting the order from Obama to side with the Saudis. Apparently she decided that it was fruitless to try to support the Second Circuit’s reasoning, so she let the demolition of the Second Circuit’s ruling stand, then supplied her own just as bad case for Saudi immunity. However it came about, Kagan’s destruction of the Second Circuit ruling is so competent, and her substitute arguments for immunity so incompetent, that the whole almost seems designed to force a Supreme Court hearing. Could she have intentionally sabotaged her own brief? Doubtful, given that the Obama DOJ just overruled its own career lawyers in order to drop an already won case against three New Black Panthers who were caught on tape using weapons to intimidate voters. Apparently the Obama administration just really is this stupid and malicious. In any case, it seems unlikely that Kagan’s shenanigans will get past the justices. Antonin Scalia is unlikely to forget the FISA case opinion he wrote in 1992, addressing the very question of harms resulting in the United States from decisions made by foreign entities in their home countries. His conclusion? In a breach of contract case where the only tie to the United States was the option of receiving payment in dollars in New York City, the Court denied immunity. Only the harm itself had to take place on U.S. territory, not the decisions that led to the harm, and the opinion was unanimous. Obama’s imperial presidency: he does not want to be bound by the 1976 Foreign Sovereign Immunity Act, and says so The family group states directly that:

The filing was political in nature and stands as a betrayal of everyone who lost a loved one or was injured on September 11, 2001.

Indeed, the entire first section of Kagan’s brief is replete with claims that exceptions to sovereign immunity should be determined politically. That is the way it used to be, before Congress passed the FSIA act specifically in order to take these determinations out of the political realm. The United States only started granting any exceptions to the legal tradition of sovereign immunity in the 1950’s, after some nation-states started getting heavily involved in commerce. If state enterprises could not be held liable in U.S. courts, they would have a competitive advantage over private industry. Not smart policy during the cold-war contest between capitalism and communism. Exceptions were at first made on a case by case basis by the executive, but such arbitrariness does not suit the needs of commerce, so Congress made an explicit decision to take this power away from the executive. Even so, Kagan’s brief hints over and over (p. 4-10) that executive prerogative should still hold sway, but without ever making an explicit case that FSIA intrudes on the inherent powers of the presidency, and without ever stating what the president would want to do with those powers in the present case if the court were to recognize them as pre-eminent. The reason Kagan doesn’t make these things explicit is because they are damning. Obama knows that the Saudi’s are liable under U.S. law, but for his own political reasons he does not want them to be held liable, but neither does want the nation to understand that he considers currying favor with the people who attacked us on 9/11 to be more important than justice for his own murdered countrymen. The president does indeed have some inherent power here, just as President Bush had inherent power to wiretap conversations with al Qaeda operatives both at home and abroad, regardless of what Congress put in the FISA wiretapping law. Bush did abide by FISA, but he didn’t have to.* Obama is going further. He does not want to abide by FSIA, but is unwilling to make the case that the particular exemption from FSIA that he is asking for is a legitimate exercise of his inherent powers, or even assert what he would do with that power. He just wants the courts to do his dirty work for him, asking them to grant immunity to the Saudis based on bogus claims about FSIA law and precedent. Conservative justices might be tempted to recognize the president’s inherent powers in the area of foreign policy, but they should not let him exercise this power on false pretenses. If he wants to claim that he has the inherent power to grant immunity to the Saudis and that this is how he wants to exercise that power, he can do it publicly, but he should not be allowed to overrule Congress on the pretense that he is doing the will of Congress. To allow this subterfuge would destroy fundamental FSIA precedents while failing to attain the virtue of the pre-FSIA regime, where the president had to stand or fall by his explicitly political decision-making. If Obama wants to invoke the inherent power of the presidency here, he at the very least has to be willing to admit it. * FISA court precedent on inherent powers The powers of Congress to regulate in an area where the president has his own inherent authority was addressed by the FISA court in September 2002:

The Truong court, as did all the other courts to have decided the issue, held that the President did have inherent authority to conduct warrantless searches to obtain foreign intelligence information. It was incumbent upon the court, therefore, to determine the boundaries of that constitutional authority in the case before it. We take for granted that the President does have that authority and, assuming that is so, FISA could not encroach on the President’s constitutional power.

The contrast to the present case is instructive. Bush’s Solicitor General Ted Olson did not hide the fact that President Bush wanted the court to recognize his inherent authority to conduct signals intelligence. With that power duly recognized, Bush still went the last mile to conform to the law as enacted by Congress. That is what it means to “uphold our fundamental principles and values,” while Obama, who keeps accusing President Bush of failing to uphold our values, engages in legal subterfuge, showing as much contempt for the law as for our 9/11 families. To join our blogbursts, just send your blog’s url.

Doing The Right Thing.

by Findalis

I do hope that President Obama is learning a bit about true diplomacy. His decision to first attend the Durban II conference in Geneva was the wrong one. It sent the message to the world that the United states does not support its friends and allies.

For whatever reason, his decision to now boycott the Durban II conference is being seen as one of leadership and courage, taken that he has been trying to make amends with the Muslim world. In this case, he may have lost some clout with the Muslim world, but as gain a lot of respect with Europeans.

Italian Foreign Minister Franco Frattini said Thursday that Italy will not attend the Durban II conference scheduled for April in Geneva because of “aggressive and anti-Semitic statements” in resolutions being prepared for the summit on racism. Israel, Canada and the United States already have said they will not attend.

Foreign Minister Frattini also announced a postponement of a trip to Iran due to anti-Israeli and anti-American remarks by Iranian leaders.

Like the U.S., Frattini said that the decision to boycott Durban II could be reconsidered if the draft resolutions against Israel are changed. Several pre-conference motions have singled out Israel for alleged racism and have accepted Palestinian Authority recommendations supporting its claim that Arab descendants of former Israeli Arabs have the right to immigrate and live in Israel.

The committee preparing resolutions for Durban II also rejected a suggestion for condemnation of anyone denying the Holocaust.

Israel has called on all European Union countries to follow Canada and the U.S. and boycott the conference, a follow-up to the first conference held in Durban, South Africa in 2001. The U.S. walked out of the parley because of harsh anti-Israel resolutions that compared Zionism with racism.

Holland has also put the Durban II planners on notice that it also will join the boycott if the resolutions are not modified.

Italy has now stated that they will not attend. They are in very good company. Three nations are boycotting the Durban II conference. Italy is joining the ranks of Canada, Israel and the United States. Holland will be joining their ranks soon.

Now will France, Germany and Great Britain join in the boycott? Will they have the moral courage to do the right thing? Or will they give in to the pressure from their Muslim communities, and join in the anti-Semitic rhetoric that this conference has become? I hope that they will join the groundswell and boycott the Durban II conference.

What a Difference!

By Findalis

Notice the difference in the way George W. Bush and Barack Hussein Obama have been received by the US Marine Corps.

Hat tip to The Real Revo

Different Presidents, A Different Corps

View at YouTube

What a difference!

Semper Fi!

The Lesson At The Dome

By Findalis

He ascended to the Dome of the Capital, dressed in the holy suit and tie.
Upon arrival the assembled chapter of the Congress, the Holy Justices of the land, the members of the anointed Cabinet and guests from near and far, the Anointed One, Wearer of the Mantle of Power, spoke:

I speak not to the assemblage here, but to the nation as a whole,
I know of your pain, I have heard your cries of anguish,
The child whose college dreams are shattered,
The business that is going under,
The job that is gone.
I will fix that all.

This Recession is not My fault, it was the doing of others,
It was others that destroyed our Health Care, Schools and Jobs.
But I have heard your cries, and I will repair the damage.
We will have less, work more, and struggle harder,
But we will prevail.

I have foreseen all this.
The law that I just created was a start, there will be many more like it.
There will be jobs, I promise you that.
There will be more money in your hand,
This 1st of April, on that.

I will bring to all the blessings of Health with no cost to you,
I will bring to all the blessings of college, that wonderful place, to your children, with no cost to you,
I will bring to you the blessings of Wealth, with no cost to you,

Through Me we will cure all the problems that we face.
I know where the answers lie,
Not in the former wizards of the past,
but in the new wizards of technology that will be green and good.
New wizards that will banish the foreign oil demon back to the gates of Hell,
New wizards who when given the right amount of funds, will solve all of our energy needs and clean the environment too.

But we cannot wait, we must forge ahead,
We must spread the wealth around to all young and old.
I will even balance the budget, by 2015, so it is told.

I will sit with our enemies and listen to them,
Will make the radicals of Islam kneel before all,
I will bring peace to the Israelis, Palestinians too,
Have sent My envoy Mitchell to bring them the truth too.

I have signed the order,
We torture no more,
And the prison of Gitmo will be gone for ever more.
We will deal with the prisoners like the criminals they are,
In Our courts and with juries, and I know they will walk.

For through Me, All things are possible.
For through Me, All things will be made whole.
For through Me, Our economy will recover.
For I am the Hope and the Change.
I will bring us all to the Land of Plenty.

All through the speech, Pelosi the Loud, kept rising in joy like a yo-yo. She guided the assembled in their cheers.

After the speech the media hacks, gushed glowing terms over each word the Anointed One spoke.
They called it brilliant, enlightened and bold.
They clamored over each other, trying to be the first to praise Him.
That is until a small voice said:

Wait just a minute!
He tells you that He will do all these things.
Balancing the budget, Health Care, Education, Jobs and Wealth.
And without tax increases, just spend more He said.
And if that doesn’t work, we will just spend more again.

You cannot keep spending like there is no tomorrow.
Sooner or later the money will run out.
You have to raise taxes, to cover your expenses.

This Emperor we have, is telling us lies.
We cannot do all this, yet He will try.
He will spend so much money, that there will be none left,
For the daily running of this nations defense.

The hacks looked around to see who had spoke, in tones that weren’t glowing of their Anointed One.
They saw to their horror a brave man in the corner.
It was none other than the Governor of Louisiana, Bobby Jindal the Prophet.

Jindal the prophet, spoke to them of responsibility,
Of how this nation needs to start producing its own goods again.
Of how this nation needs to spend less and save more.
Of how this nation didn’t negotiate with our foes.

The hacks just smiled and shooed The Prophet away.
Then they returned to the glow of the Anointed One.

But many in the nation heard the words of Jindal the Prophet.
They looked to each other and nodded in agreement.
Just wait Anointed One, in just 4 years.
This prophet will be singing our praises.

For the Anointed One’s star is starting to descend.
From ratings of 80% now to just 59%.
He may not last at this high rate. Especially if the economy tanks.

Hope may come to the land,
Not without hardship.
Change will come, just let it be soon.

Durban II draft document getting worse.

by Findalis

I told you so President Obama. The second Durban Conference on bigotry and racism will be worse than the first.

Not only is Israel the only nation singled out for attack, but the idea of Free Speech will be destroyed too when they meet in April and force the world to accept as International Law that any criticism of Islam is a crime.

The draft document for the United Nations anti-racism conference, dubbed Durban II, is problematic both for Israel and western democracies in general, Ambassador to the United Nations in Geneva Roni Leshno Yaar told The Jerusalem Post on Sunday.

Besides issues relating to Israel, the draft has problematic paragraphs regarding free speech, defamation of religion and discrimination on the basis of sexual orientation, he said.

“At this stage it is not possible to say what in the text would improve, if at all. In fact I expect the text to get only worse on all issues which are important for western democracy,” Leshno Yaar said in a telephone interview from Geneva.

He spoke as representatives from 190 nations have been meeting in Geneva to debate the language for a document in which Israel is alluded to as a “racist” and “apartheid” power.

The final draft will be presented at an April meeting in Geneva, which is the follow-up to the 2001 UN World Conference Against Racism, Racial Discrimination, Xenophobia and Related Intolerance, which took place in Durban, South Africa.

Israel and the United States walked out of the 2001 conference to protest its disintegration into an anti-Semitic and anti-Israel hate-fest. Israel and Canada have already announced they do not intend to participate in this April’s conference in Geneva.

On Friday, the State Department stated that it had gone to the preparatory meetings in Geneva “to work with countries that want to achieve a successful review conference” and added that the United States had “strong reservations about the direction of the conference, as the draft document singles out Israel for criticism, places unacceptable restrictions on freedom of expression under the guise of defaming religion, and calls for payment of reparations for slavery.”

While in Geneva, US representatives met with 30 national delegations to outline their concerns.

The Americans were present but did not appear to have made improvement in the document, which he said “is getting worse every day.”

Irwin Cotler, a Canadian MP and former justice minister, told the Post that the conference had been initially designed to speak about global issues relating to racism without singling out any country or group.

Israel was the only country that was alluded to in this way, he said.

Read the full story here.

Sorry followers of the Great Pedophile. But it will come down to which system of government is better. The backward 7th Century ramblings of a lunatic who hated everyone or the enlightened men of Philadelphia who foresaw this and placed the Freedom of Speech as 1st in the American Constitution.

What will the President do? Support those who follow a 7th Century madman, those who reject everything this nation stands for? Or finally listen to reason and reject not only the Durban II Conference, but anything that comes from it?

President Obama swore to uphold and defend the Constitution on Jan. 20th. Will he now do that? Or to please the Muslim world will he ignore our laws and impose the UN’s on us?