His-PANIC!

When Barak Obama was elected, I PRAYED that his term would pass without any of the nine Supreme Court Justices retiring or passing on.  I only asked for a four year moritorium because I believed then, as I believe even more NOW, that he will be a one-term President.  I also believed that he would, at some time, overreach his authority as President and perform some act that he was not constitutially empowered to do and, in this area, he did NOT disappoint me.  Thanks to his unprecendent seizures of banks and auto companies and, his forcing salary caps and bonus restrictions on private companies, as well as his firing of General Motors' CEO Rick Wagner; and, his strong-arming of a bankruptcy court judge to deprive Chrysler and General Motors' bondholders and shareholders of their rights under federal laws, he has opened himself and his administration up to legal and political drama.

 Clearly, there are numerous grounds for legal challanges against this administration.  In our entire history there has only been one attempt to nationalize a private enterprise and that occurred when Harry Truman attempted to nationalize the steel industry during the Korean war.  Now granted, this was about settling a strike that was hurting our war effort, but notwithstanding this, the courts struck this down as unconstitutional and that case is controlling to date.  A legal challenge against these actions is the only recourse we have to protect our private property rights.  As voters, we can do nothing against this administration before November, 2012. However, the bondholders and shareholders can take the administration to court to seek injunctive relief.  Due to the unprecendented nature of events, any such challenge would likely reach the Court of Appeals, or even the Supreme Court.

Into this muddled morass of facts and circumstances comes the Hon. Sonya Sotomayor, the nominee for the position of Associate Justice of the United States Supreme Court being vacated by the current Justice, the Hon. David Souter.  Justice Souter was appointed to the bench by President George H.W. Bush, and was believed to be a conservative leaning Judge at the time of his appointment.  Contrary to this belief, Justice Souter has ruled with the liberal justices more the sixty-five percent of his time on the bench.  Clearly, replacing him with an equally liberal justice does nothing to change the balance on the court at this time.  Still, every prospective justice should receive proper vetting by the United Sates Senate prior to his or her confirmation, and this is where we find outselves.

Sadly, there is more to this story because the liberal Democrats of the Senate, as well as the White House Press Secretary are playing traditional identity politics with this nomination.  They are doing the typical quota-filling tokenism with this nomination, and they are daring those on the right to "proceed at their peril" when it comes to the vetting process required by law.  They are betting that any challenge to this nominee will cost the Republican party any propect of support from the Hispanic community in upcoming elections.   Where was this concern for THEIR support from the Hispanic community when THEY were ripping into Alberto Gonzales? The simple answer is that is was nowhere to be found.  This is probably because it is all a load of BULL.

What the press may not want you to remember is that the senate democrats demonstrated the very bigotry then now warn the republicans not to display when it came to the nomination of the  Honorable Miguel Estrada, to the Court of Appeals.  Miguel Estrada is a judge with an American story every bit as impressive as Judge Sotomayor's is.  Why then, you may ask, is there not an Appellate Court Judge named Miguel Estrada?  The answer is a bit more complicated.  Liberal democrats have this "token" mentatlity when it comes to minorities.  They like to be the first to put a "first" in a position of authority or responsibility.  That would not have been a bar here as there were already Hispanic judges at the Appellate Court level, namely Judge Sonya Sotomayor.  And what was their excuse for the treatment shown to Alberto Gonzales when he was nominated for Attorney General.  He, too had a very compelling American story, but that didn't seem to matter to the senate democrats, including the self-righteous Senator from New York, Charles Schumer, and the junior Sentaor from New York, Hillary Rodham Clinton.

The actual reason there is no Justice Estrada on the Court of Appeals has nothing to do with his being an Hispanic, and EVERYTHING to do with the fact that he believes the role of a Judge is to take the laws written and enacted by the legistlature (i.e. the Constitution), and apply it, as written, to the fact pattern of the case at bar.  This is the mark of a CONSERVATIVE judge.  Now in contrast to this, the liberal democratis believe that it is the role of the judge to write new legistlation from the bench if the laws on the books do not comply with said judge's political ideology.  This is the mark of a LIBERAL judge, or judicial activist as they are sometimes called.  This is the contrast between what liberal democrats want in a Supreme Court Justice and what conservative republicans want in a Supreme Court Justice.  Clearlly there are maked differences between the two, and it is those differences that need to be fully exposed during the confirmation hearings. 

Barak Obama is a liberal democrat, and notwithstanding the fact that his is himself a constitutional scholar, clearly favors the liberal activist judge model.  He would not have nominated Judge Sotomayor if he did not belive she shares his belief that it is the role of the judge to make law from the bench, a function NOT intended for judges by our founding fathers when they penned the Constitution.   The founding fathers built in a system of checks and balances to keep any one branch of the government from becoming more powerful than any other.  The founding fathers intended for elected legistlators ALONE to write laws, and for the President alone to be able to approve or veto them.  This is because these officials are the only ones accountable to the voting public. 

 The role of the Supreme Court and the federal judiciary is to safeguard the Constiution and ensure that neither legislators nor Presidents would enact laws that were contrary to the tenets of the Constitution.   They did this to ensure that neither political expedience or popular prejudices would upset the balance of power and emperil the rights of American citizens.  The founding fathers intended the rule of law to be sacrosanct and for the government to honor contracts and respect private property rights and individual freedoms of all citizens, except under such circumstances as conviction of a crime or enforcement of a civil judgment.  The conduct of this administration flys in the face of these protections and clearly warrants a judicial review.

In the hearing for Judge Sotomayor, you will not hear a peep from the democratic senators about the role of the judge, judicial activism, or anything else that could be perceived as a negative against this Judge.  Just like President Obama, the liberal democrats in the Senate believe this nominee is EXACTLY what they want, an activist judge who legislates from the bench, and they will do NOTHING to expose this and emperil their nominee.  It is left to the republicans in the senate to actually do their jobs and show the American people what kind of judge this nominee actually is, and to further illustrate to the American public the contrast between what democrats want in judges and what republicans want in judges so that the people can decide for themselves who best represents their interests in these and and other matters.

It is these distinctions between republicans and democrats that have been sorely lacking in the past eight years.  Ive often posed the question: "Are congressional republicans transvestite or transsexuals?"  Now before the gay rights types go nuts on me, it should be clearly understood that the vast majority of transvestites are HETEROSEXUALS, so there is no homophobic intent here.  I merely pose the metaphor because I can't decide if congressional republicans are merely dressing and acting like democrats, e.g. transvestite, or if they've had full gender reassignment surgery to become democrats, e.g. transsexuals.  In the case of Senator Arlen Specter, this is no longer a question.  He's CLEARLY a post-op democrat.  The jury's still out on Senators Susan Collins, and Olympia Snow.  I'm reasonably secure in declaring John McCain a transvestite in this metaphor.

While the republicans clearly must distinguish themselves from their democratic counterparts and actually DO their jobs vetting this candidate, they must also beware and avoid falling into the trap set for them by those very democrats.  To do this, they need to avoid the Rush Limbaugh example of comparing Judge Sotomayor to David Duke.  To be fair, Rush never actually did this, but the facts are irrelevant to the liberal media and he's been widely reported as having done this.  While Rush can defend himself, quite ably, the example is very real.  Republican Senators and political pundits alike must avoid the race issue altogether.  In the first place, it's irrelevant.  Nobody, including Rush Limbaugh and Ann Coulter, thinks that Judge Sonya Sotomayor is anything like David Duke.  The comparison is ludicrous at best and to make it puts the republican party at real risk of coming off to the Hispanic voters as being either racist or xenophobic.   

The way to avoid this trap is simple.  Treat Judge Sotomayor first and foremost as a qualified judge with an inspirational American story and an equally impressive ciriculum vitae, as well as a seventeen year history that reveals how she interprets and applies existing laws to the fact patterns of her various cases.  Use the facts and judgments in these cases to show clearly how she interprets the role of a judge in constitutional questions and bring out facts that support her comment that it is actually the appellate court judge that makes law and sets policy.  Also, bring out the fact that she has been reversed three out of her six times on appeal to higher courts, including the Supreme Court to which she now apires to sit.  Lastly, show her the deference and respect you would show any woman in her position.  Do that and you will not antagonize or alienate the Hispanic community,  Most importantly, you must give people a choice if you wish them to make one so the differences between senate republicans and democrats must be clearly illustrated.

The worst thing republican senators can do is try to play to the media.  This is a losing proposition from the very start.  For a republican, you will be about as successful in appeasing the press as Prime Minister Neville Chamberlain was in trying to appease Adolf Hitler.  It's NOT gonna happen, because neither Hitler, nor the press, come to the table with honest intent.  No matter what republicans do, they're gonna be shredded in the press.  If they go soft on Judge Sotomayor, theyre going to be portrayed as weak and innefectual, a judgment that will be SHARED by their voting constituents.  If they do their jobs and bring out the truth about the judge, they will be portrayed as racist, sexist, and mean spirited for sure, but this is irrelevant because regardless of any spin applied by reporters or pundits, the viewing public will also see the tape of the hearings themselves and no one will doubt the evidence of their own eyes, especially if the press reports to the contrary.  No one trusts the media anymore, so don't worry about that audience.

As for the Hispanic community, if you don't disrespect the judge personally or make any derrogatory statements about her race or anything personal to her as a woman, you won't have a problem there, either.  Trust that our fellow Americans are not blind to liberal hypocrisy, which is about the only thing that is transparent about them.  In this, they are as transparent as Saran Wrap.  Contrary to the liberals world view, Hispanics are a proud and diverse group.  They do not see themselves as "victims" and will not forgive the liberals for their condescension and hypocrisy when it comes to their treatment of minorites.  It is pure hubris on the part of the liberal democrats to think that any minority group "needs" their largesse in this day and age.  No one, least of all Hispanic Americans, wants to dine on government cheese.   We tried that for the three decades between the 1960s and the 1990s.  It was called welfare and it was a liberal democrat named Bill Clinton that ended it.  

In summation, the gauntlet has been thrown down by the evil Sir Charles of Schumer. Republican senators must now do what medievil knights have always done in this situation.  They must pick up the gauntlet, slap the said Sir Charles of Schumer across the face, forcefully (figuratively speaking, of course), draw their swords, and engage the challanger in combat.  Retreat is not an option, because then as now, if you retreat, you will lose your honor, integrity, and in all likelihood, your jobs.  Accordingly, I say this to the senate republicans: "DO your jobs and vet this judicial nominee thoroughly and respectfully if you want to KEEP your jobs in the next elections; and, most of all, do not PANIC,

Was Our Economy Murdered? A Grand Jury Case for Indictment On a PREMEDITATED MURDER Charge!

The following article is being presented as if it were a criminal case being presented to a Grand Jury to secure and indictment against the defendants believed by the police and prosecuting attorney to have committed that crime.  When a crime is suspected or has occurred, most citizens react by calling this police. Police work and crime detection are as much about luck and hunches as they are about actual physical evidence and the proverbial “smoking gun.”  It is no wonder they sometimes get it wrong.  That said, I firmly believe that MOST police officers and honest well-intentioned public protectors, but like any other human group, you got good ones, and corrupt ones.  This is exactly why it takes more than a cop hunch to put someone in prison or to death.  That’s what jury trials are for. But before you can get to a jury trial, a charge has to be filed with the court.  That charge can be based on a prosecutor’s affidavit or an indictment by a Grand Jury which means that a panel of ordinary citizens has concluded that a crime was committed, and that the accused defendant probably committed it.  It is that proceeding that I’m going to replicate today.  I will be the prosecutor, and you Dear readers will be my Grand Jury.


My burden will be to prove that our economy was, in fact, the victim of a crime and that>the crime charged is attempted murder.  It is only attempted murder at this time because our economy is not dead, contrary to liberal media opinion.  It has been grievously injured and could possibly die, but as of now it’s very much alive if not well.  Most states define attempted murder as the commission of an act with the unlawful intent to deprive the victim of his life.  It would also be desirable for the accused to have failed in that attempt so that the does not get increased to murder in either the first or second degree.  


My subsequent burden will be to show that the person or persons against whom this indictment is sought had to motive, opportunity, and criminal intent to commit the crime charged, and to present evidence to show that they, in fact, did commit the crime charged.  In assessing culpability, the grand jury *you, the readers) are not required to find guilt or innocence, only probable cause that the crime was committed and that the accused could have committed it.  


Could the economy have been Murdered, or was the economic decline just a result ofnatural market forces?  There are compelling arguments to be made for both sides, but one of the more compelling arguments supporting foul play is the overwhelming benefit to one of the accused from the economic tsunami.  The ONLY beneficiary in all of this is the Democratic Party.  No private enterprise, private citizen, or public entity other than theDemocratic Party and its candidates benefit from this economic malaise.  But the Democrats are not the only ones accused here.                      


To understand why both Republicans and Democrats stand accused, you have to first understand how the economy was injured.  We can all agree the tsunami, for lack of a better term, occurred in mid September of 2008, but that wasn’t the first potentially fatal blow.  The first potentially fatal blow to this economy occurred shortly after the election of the Democrats to majority in the House and Senate.  They passed a law that reinstated the mark-to-market accounting rule that had been removed ironically by the Roosevelt administration to help bring about recovery from the Great Depression.  This was done in response to the Enron collapse, but it had the unintended (or intended) consequence of setting up the financial sector of are economy for fiscal Armageddon.


The longest occurring and most lingering assault on the economy has been a verbal one by Democratic politicians and their allies in the media.  Democrats or their surrogates and sympathizers have been trying to talk down the economy since before the 2006 midterm elections.  They first tried a frontal assault on the economy, telling us that the economy was not good.  This flew in the face of record high indices, free-flowing credit, and all appearances to the contrary so it failed.  Not to be discouraged, the Democrats resorted to a classic from their play book, class warfare.  They changed the premise from a bad economy to an unfair one in which only the rich were benefitting.  Even this failed and the Democrats were left with no other strategy than to lie to the voting public and promise that if they were put in power they would end the war in Iraq.


This was disingenuous at best, and an outright LIE at worst.  Any one who was taken a high school civics course knows that only the President of the United States to order our armed forces to engage in or withdraw from combat.  The Democrats knew, and hoped the voting public didn’t, that the most they could do with withdraw funding from the Defense Department which would essentially leave our troops naked in the field.  No clear thinking politician would dare attach his or her name to such a bill.  Only the most committed ideologues would even consider such a thing, and then only because they knew it wouldn’t pass.  This makes the promise they made to the voting public a false one, and true to form, they failed which infuriated the far left but not the majority of Democratic voters.


To make matters worse for the Democrats, our troops (aided by the surge of new forces) started winning in Iraq despite the best efforts of the Democrats to convince us otherwise that the war was, in fact, lost.  No matter how they proclaimed the statistics were wrong, and that General David Petraeus was a liar (i.e., the “suspension of disbelief” comment by then Senator Hillary Rodham Clinton) the facts spoke for themselves.  Casualties were down, elections were held, Iraqi troops were taking the field and taking control, and all evidence showed we were winning the war.  The Democrats knew they would not be able to win in 2008 on that issue.  They had lost credibility promising to end the war, and now that we were winning it, the war rage vote would not be enough. 


Enter once more, the economy.  It was still at record highs and the Democrats knew that unless something changed dramatically, they might not be able to take the White House or keep their control of Congress.  Shortly after January of 2007, Democratic supporters on the blogs began a “whisper” campaign about the economy.  This time instead of a frontal assault, the bloggers started reporting that the economy was not sound.  It was not “real.”  Words like “illusion,” “smoke and mirrors,” “house of cards,” etc. started appearing in the texts and it wasn’t long before these sentiments started finding their way into the mainstream media coverage of economic news.  


Not surprising, as the rumors grew and spread, the stock market traders reacted by short-selling financial stocks, driving their prices and perceived values downward.  Not long after this started, credit rating agencies like Moodys and Standard & Poores announced that they were lowering the credit rating of investment banks like Bear-Stearns, Lehman Brothers, Goldman-Sachs, and any other bank that traded in mortgage security instruments backed by sub-prime and conventional loans.  The decision of the rating agencies was made across the board and did not take into account the fact that most of the mortgage loans were paying.


Once the credit ratings were lowered, the investment banks found themselves in the unenviable position of going from having balanced books with cash reserves to being insolvent overnight.  They did the only thing they could do, which was to scramble to sell assets to raise capital.  Under the newly reenacted mark-to-market rules, however, the value of the assets had so fallen that it was impossible to raise capital in a timely manner.  For Bear-Stearns, this meant a shotgun wedding with our government holding the shotgun, but for Lehman Brothers, there was no relief and it was forced into bankruptcy.


The bankruptcy of Lehman Brothers was the second domino to fall, and set off a chain reaction that is still going on Wall Street.  Had the government known of the events to follow, it would likely have reversed its decision not to save Lehman Brothers but, as in all things, hindsight is 20-20.  The identity of the person that made the decision to allow Lehman Brothers to fail is not known, but it is certain he or she was an employee or officer in the previous administration.  As to what happened after Lehman Brothers, we have only to look at our 401K statements and the Dow Jones Industrial Average to answer that.




The final question to answer is the why of it all.  To answer that, you simply have to look for the answer to one question: who benefitted?  Who is the sole beneficiary to all of this economic chaos and misery?  The only beneficiary I can find is the Democratic Party and its political operatives and supporters such as the media.  AT the time of the economic collapse in September of 2008, John McCain was ahead in the polls, and the Republican’s “Joe the Plumber” anti-socialism message was beginning to resonate.  Add to that the resurrection of the Reverend Wright ads and controversy and Obama was flailing and losing ground.  Then, the economy collapsed and this single event followed by the serio-comic response of John McCain and the government as a whole in passing the Trouble Asset Recovery Program, put the Republicans on the mat never to return.


Had it not been for the economic meltdown, John McCain might well have won the presidency and even if he did not, it is relatively certain that the Democrats would not likely be enjoying their hold on absolute power in Congress right now.  Now, I’m not saying that the politicians in the Democratic Party intentionally visited this much misery on the country merely to win an election.   Politicians, whatever their ideology, go into public service to help people and I’m not yet jaded enough to say otherwise.  You may think me a Pollyanna for this belief, but until the evidence to the contrary is more than anecdotal, I remain a true believer. This nobility is reserved solely for elected politicians.  However, for every politician you see on stage, there’s an unseen force of a few to thousands of nameless, faceless political operatives and supporters you do not see, and these people will stop at nothing short of criminal behavior to get their candidate elected.  It seems that, given the
evidence of this last election cycle, that we can no longer exclude criminal behavior, especially on the Democratic side of the aisle.  After all, it was democratic supporters like ACORN and the preppie college students in Ohio that committed countless cases of voter registration and outright voter fraud, and it was democrats that refused to install any credit card security software on their sites resulting in numerous allegations of credit card fraud.   


The last item I wish to present is that the Democratic Party is the only party whose membership consists of a core of ideologues that believe no one is entitled to private wealth and that such wealth should be confiscated by the government and redistributed evenly to all citizens regardless of whether they had anything to do with its’ creation in the first place.  This constituency would think nothing of wiping out the wealth and retirement savings of millions of American because they do not believe anyone is entitled to private wealth in the first place and that the temporary misery is justified by the liberal utopia they hope to create.  It’s like my parents used to tell me as they were spanking me with a paddle, “its for your own good and you’ll thank me for it someday.” 


So in conclusion ladies and gentlemen of the Grand Jury, I submit that I have established more than enough evidence to conclude that our free market economy was and IS the victim of the crime of attempted murder and that said crime is ongoing to this day.  Now that Obama and the Democrats are the doctors charged with saving this economy, they continue the assault against it every time they open their mouths.  It is almost as if, rather than employing heroic measures such as CPR, defibrillation, administering medicines like epinephrine, etc, they are putting a pillow over the face of the economy to hasten demise.  Fortunately, they are just as much a failure at that as they have been about everything else thus far because our economy is not dead.




This concludes my presentation to you, the members of my grand jury, and I now charge you to return a True Bill of Indictment for the crime of attempted murder against the following defendants: The United States Governments for the years 2006 to the present, including former President George W. Bush and current President Barack Obama, the Democratic Party and its political operatives and supporters from the last election cycle, including the main stream media coalition, and last but not least, the greedy and unscrupulous wall street traders that orchestrated the demolition and devaluation of the financial stocks by short selling and other strategies designed to force stock prices down for their own personal enrichment regardless of the consequences to others.  This case is respectfully submitted for your consideration.  Thank you for your attention.