Comments on FiveThirtyEight: Politics Done Right: More Reading on Burris, and Another Attempt at Leg...

豆豆聊天室 aio交友愛情館 2008真情寫真 2009真情寫真 aa片免費看捷克論壇微風論壇 ...

2009-03-28T05:19:00.000-04:00

豆豆聊天室 aio交友愛情館 2008真情寫真 2009真情寫真 aa片免費看捷克論壇微風論壇大眾論壇 plus論壇 080視訊聊天室情色視訊交友90739 美女交友-成人聊天室色情小說做愛成人圖片區豆豆色情聊天室 080豆豆聊天室小辣妹影音交友網台中情人聊天室桃園星願聊天室高雄網友聊天室新中台灣聊天室中部網友聊天室嘉義之光聊天室基隆海岸聊天室中壢網友聊天室南台灣聊天室南部聊坊聊天室台南不夜城聊天室南部網友聊天室屏東網友聊天室台南網友聊天室屏東聊坊聊天室雲林網友聊天室大學生BBS聊天室網路學院聊天室屏東夜語聊天室孤男寡女聊天室一網情深聊天室心靈饗宴聊天室流星花園聊天室食色男女色情聊天室真愛宣言交友聊天室情人皇朝聊天室上班族成人聊天室上班族f1影音視訊聊天室哈雷視訊聊天室 080影音視訊聊天室 38不夜城聊天室援交聊天室080 080哈啦聊天室台北已婚聊天室已婚廣場聊天室夢幻家族聊天室摸摸扣扣同學會聊天室 520情色聊天室 QQ成人交友聊天室免費視訊網愛聊天室愛情公寓免費聊天室拉子性愛聊天室柔情網友聊天室哈啦影音交友網哈啦影音視訊聊天室櫻井莉亞三點全露寫真集 123上班族聊天室尋夢園上班族聊天室成人聊天室上班族 080上班族聊天室 6k聊天室粉紅豆豆聊天室 080豆豆聊天網新豆豆聊天室 080聊天室免費音樂試聽流行音樂試聽免費aa片試看免費a長片線上看色情貼影片免費a長片本土成人貼圖站大台灣情色網台灣男人幫論壇 A圖網嘟嘟成人電影網火辣春夢貼圖網情色貼圖俱樂部台灣成人電影絲襪美腿樂園 18美女貼圖區柔情聊天網 707網愛聊天室聯盟台北69色情貼圖區 38女孩情色網台灣映像館波波成人情色網站美女成人貼圖區無碼貼圖力量色妹妹性愛貼圖區日本女優貼圖網日本美少女貼圖區亞洲風暴情色貼圖網哈啦聊天室美少女自拍貼圖辣妹成人情色網台北女孩情色網辣手貼圖情色網 AV無碼女優影片男女情色寫真貼圖 a片天使俱樂部萍水相逢遊戲區平水相逢遊戲區免費視訊交友90739 免費視訊聊天辣妹視訊 - 影音聊天網 080視訊聊天室日本美女肛交美女工廠貼圖區百分百貼圖區亞洲成人電影情色網台灣本土自拍貼圖網麻辣貼圖情色網好色客成人圖片貼圖區 711成人AV貼圖區台灣美女貼圖區筱萱成人論壇咪咪情色貼圖區 momokoko同學會視訊 kk272視訊情色文學小站成人情色貼圖區嘟嘟成人網嘟嘟情人色網 - 貼圖區免費色情a片下載台灣情色論壇成人影片分享免費視訊聊天區微風成人論壇 kiss文學區 taiwankiss文學區

情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,...

2009-01-16T04:48:00.000-05:00

Patterson hasn't said who he'll pick because the s...

2009-01-05T17:30:00.000-05:00

Patterson hasn't said who he'll pick because the seat isn't yet open. It's unlikely that Clinton won't become Secretary of State, but not impossible. (A week ago, everyone was assuming Richardson would be in the Obama cabinet.)

It's likely that Patterson has made up his mind. He has little to gain by announcing things at this point, if so.

I disagree with those who believe that Burris beca...

2009-01-05T14:48:00.000-05:00

I disagree with those who believe that Burris became Senator on the appointment of the Governor. The 17th Amendment and relevant state statute do not state when the position vests. Other laws and rules do. The relevant Illinois statute follows U.S. Senate Standing Rule II in requiring the counter signature of the Secretary of State. Until White signs the document or more likely a court orders him to do so Burris is a mere nominee. Normally the issue would be clear that White should sign as a ministerial act, but the language of the Rule and statute may give him some play when the issue is briefed and decided.

A "quickie" impeachment, without the testimony of ...

2009-01-03T05:26:00.000-05:00

A "quickie" impeachment, without the testimony of material witnesses? Great. Democrats EQUAL GOP. This is ridiculous. The worst thing about Bush's kangaroo courts is that, until the courts intervened, they deprived witnesses of evidence against them, and other abuses. Glad to see Illinois wants to replicate this. If Blago has committed an impeachable offense, shouldn't the state have to prove this in a reliable proceeding?

The Amar article has received a serious smackdown ...

2009-01-03T05:23:00.000-05:00

The Amar article has received a serious smackdown on ConLawProf - a strictly academic blog hosted by Volokh. I am actually surprised Amar made the argument -- especially the part about the Senate hold "brute" authority. Sounds so violent.

Impeachment vote in the Illinois House as early as...

2009-01-03T03:44:00.000-05:00

Impeachment vote in the Illinois House as early as next week?

http://www.baltimoresun.com/news/nation/bal-te.briefs032jan03,0,4715200.story

How many times have we've heard a prosecuting atto...

2009-01-03T03:02:00.000-05:00

How many times have we've heard a prosecuting attorney, especially in an appeal, state that 'a jury convicted them, that's why I'm pursuing this case?'

And when they say 'pursuing this case', they don't mean fighting for the facts to be revealed, whether those facts help or hurt the original conviction, but to fight the appeal, thus upholding the original conviction.

theuptake.com will provide live coverage of the co...

2009-01-03T02:51:00.000-05:00

theuptake.com will provide live coverage of the counting of 953 absentee ballots today (Saturday) at 9:00AM Central Time.

(Assuming the Minnesota Supreme Court doesn't stop the counting.)

OPUSwell there is always Dateline... but they onl...

2009-01-03T01:56:00.000-05:00

OPUS

well there is always Dateline... but they only want to catch sexual predators that they can easily entrap.

In LA I couldn't get the newspapers & media to cover it [until afterwards] or to get free legal aid because these types of cases are so everyday commonplace that the shock & awe are missing

and since it doesn't 'bleed' [as in a death or beating] then the case doesn't lead as they say in the media...

of course,, if the accused is a celeb THEN the case would get over-covered ala OJ...

or if the 'victim' is a cute white child [like Caylee] here in central FL, even though they are ignoring the numerous other cases involving children of color who have gone missing

I already shudder on a regular basis I hate to admit

I read a horror story like this about once a month...

2009-01-03T01:46:00.000-05:00

I read a horror story like this about once a month in the New york Times.Sickening !

What will happen if newspapers like the Times fade away and we're left only with sound bite reporting and no in-depth investigative reporting.

I shudder to think of it.

BOBI had a similar situation a few years ago in LA...

2009-01-03T01:33:00.000-05:00

BOB

I had a similar situation a few years ago in LA. The DA & prosecutors & police had absolutely no interest in making sure justice was done - they were more concernied with covering their asses politically, putting SOMEONE in jail [for petty charges trumped up to felonies] because a superior court judge was the alleged 'victim', and since it was an election year no one in the DA's office wanted a 'loss' on their record.

My friend had lived in LA for several years then moved to back to his hometown of NYC. The LA police had him extradicted using faulty arrest warrants, jailed in LA County for 6 weeks during the holidays & held 'incognito', and tried to rush him to trial despite clear & compelling evidence that he had no involvement in the alleged crime [credit card use].

When I got involved, I was fortunate that the case had a decent judge who went out of his way to listen to me, froze the proceeding in the prelim stages & even pushed them backwards, ordered the DA to stop & review the case, forced the DA to lower the bail from 500K to 50K so he could bond out of jail [before the DA went away for the holidays when he intended to make the 'prisoner' rot in jail longer...

My brother in MN is a PI, who came out pro bone to help prove his complete innocence [even though he was skeptical] - the police had even convinced my friend's family that he 'must be guilty' because the police & DA do not have innocent people arrested !!!

But by raising a ruckus for months, we finally got a new decent prosecutor assigned to the case [the 3rd one to handle the hot potato]. He was a former fed prosecutor who quickly saw the case was rotten & that all the police & DA were after was a warm body rather than the guilty party [the police told me they knew he wasn't involved - but that he must be guilty of something [he was an AA] & they wanted him to role over & give them something on someone else - he would have except he had never been in trouble & had nothing to trade].

We finally got the case & all charges dismissed, but never even an appology - no thanks ever to the police or the original prosectors... Unfortunately, the entire affair & the suspicion it threw on my friend & his time in jail broke his spirit + his health & he died 18 months later.

I moved to FL then because I had so pissed off the police, sheriffs & DA that they had ME under survelliance & harrassed me trying to create something/anything against me !!!

so I am now extremely skeptical anytime a prosecutor or the police just make unsubstantiated general charges against people for expedient purposes...

I found out that our legal system is not really 'innocent until proven guilty' - it actually is the reverse in that they can put the onus on the 'accused' & leverage the court & legal system against the individual who has limited resources & does not know how to defend themselves in the early stages of the proceedings.

fwiw

@fred: I could not possibly disagree with you mor...

2009-01-02T22:40:00.000-05:00

@fred: I could not possibly disagree with you more profoundly on the duties of a prosecutor. His oath is to uphold the law. His job is not to make sure every person arrested rightly or wrongly rots in jail for the maximum time he can manage, or dies, it is to see that those who have actually broken the law are punished. He has great power, and ought to show great responsibility in the exercise of that power.
I had a friend die in prison for a crime he did not commit, as the prosecutor and the judge knew damned well. I had evidence that officials of the state perjured themselves in the trial, and sent it to the state attorney general, whose office sided totally with the prosecutor and was very nasty with me. The bitch (Jennifer Granholm) is serving out her second term as governor, but to me she will always be first and foremost an accessory to homicide.

I think a lot of the scenarios won't play out unle...

2009-01-02T20:20:00.000-05:00

I think a lot of the scenarios won't play out unless/until the Illinois SoS signs the appointment.

Current Senate rules state that a Senator shall not be seated unless and until a signed affidavit, signed by the SoS is presented.

Is the SoS REQUIRED to sign the affidavit of appointment? Jerry says "It's a purely ministerial function." Even if the SoS has some reason (real, imagined, or otherwise) to think there was impropriety involved in the situation to not sign, but signs it anyway because it is 'ministerial'? Isn't that just the 'just following orders' defense? And we know what the US has stated is wrong with that defense.

In all 'ministerial' functions, the question of whether the function can be carried out revolves on the question of whether all rules and laws were followed in the evolution to the SoS actually signing off on the action. If error was made, was it correctable (pre- or post-signing)? If not, then is a 'just ministerial' function still legal?

Remember, the 'just following orders' defense is applicable when the person using that defense has shown reason that they did NOT know what they were doing was, or might be, considered illegal. It is not a valid defense if they knew, or should have known, that it was, or could be, considered, illegal. Even soldiers are allowed to not follow orders if they have valid reason to believe the orders they are given are not legal. Note - I stated 'VALID'. And it is up to the soldier to show the basis for that reasoning.

If the SoS is NOT required to sign the appointment documents, can he/she be forced to sign them? That is a question that will go to the courts, but if the SoS is NOT required to sign the appointment documents, and the current Senate rules require the signature of the SoS, then the newly elected and/or appointed Senator cannot be seated.

IIRC, the Senate operates on the rules of the previous Senate until the rules for the new Senate are approved by a 50% + 1 vote. In this case, I don't think the new Senate rules would contain no reference to needing the SoS signing off on a Senate appointment. In other words, the old and new Senate rules will contain the SoS signature requirement.

In any case, the question about whether the SoS needs to sign or not sign could take at least a week or more to determine, possibly up to a month. And while that is being adjudicated, the Senate can refuse to seat Burris, since his appointment would not be in compliance with Senate rules. If and when the question about the SoS signing off is determined, the clock would reset for any further action on the question of seating Burris.

Just think: if McCain had won, there'd be none of ...

2009-01-02T19:46:00.000-05:00

Just think: if McCain had won, there'd be none of this brouhaha!!

Fred, it's a mixed federal-state question because ...

2009-01-02T19:22:00.000-05:00

Fred, it's a mixed federal-state question because it is for a federal office. The federal part makes it impossible to rescind once it vests.

As to the state part, Burris has already filed his petition for mandamus in Illinois to order the Secretary of State to execute the certificate of appointment. Under state statutes, it is clear that it vests when Blagojevitch made the appointment.

The bottom line is that delay is not an effective strategy to block Burris. It is an appropriate strategy to investigate to see if there if the appointment was improperly procured, but, if there is no evidence of fraud or bribery as to Burris being appointed, the Senate will ultimately have to seat Burris.

@ Occasional,Congress cannot eliminate jurisdictio...

2009-01-02T18:46:00.000-05:00

@ Occasional,

Congress cannot eliminate jurisdiction entirely. Sure, they could remove it from SCOTUS's docket, but then the court of final appeal would be a Circuit Court, or some other court of Congress's choice or creations. That really wouldn't do any good, unless they arbitrarily decided to give appeallate hearing rights to a court they knew would side with them ... which would be fairly corrupt, even if legal.

You guys can argue about court proceedings and rul...

2009-01-02T18:08:00.000-05:00

You guys can argue about court proceedings and rulings all you want, but the fact remain that the Senate and the House can seat whomever the hell they want to seat...or not. They've done it in the past (again, post Civil War) so there's precedent, and since they're a co-equal branch of the government, on a procedural matter, the SC is not going to get into a direct pissing contest with them.

If Reid and the Democratic caucus want to seat the guy, they will. If they don't, they won't. Period.

Court cases won't factor in. People are seriously over-thinking this one, and the bulk of public opinion will be on the Senate's side if they refuse.

tness2-Nice analysis, but doesn't state law contro...

2009-01-02T17:22:00.000-05:00

tness2-

Nice analysis, but doesn't state law control when this vests?

Can you read? I said I made a mistake!That does c...

2009-01-02T17:21:00.000-05:00

Can you read? I said I made a mistake!

That does change the fact that Burris activities as AG are defensible, and the failures in the judiciary and with the incredible lying IL cops are the time are larger culprits in this.

Did you read the rest of the facts? Nah, who needs facts, you are the knee jerk liberal not thinking kind.

As for attacking the messenger you attacked me.

Amazing how most of the scholars I actually respect are lining right up behind the position I have held from day one on this...

While Powell is indeed an important decision in th...

2009-01-02T16:41:00.000-05:00

While Powell is indeed an important decision in this area, one that is totally ignored is Marbury v. Madison.

In that case, an outgoing President (Adams) had made an appointment to a Justice of the Peace position in DC (Marbury). But his Secretary of State (Marshall) refused to deliver the commission. The incoming President (Jefferson) directed his Secretary of Sate (Madison) to refuse to the deliver the appointment and made appointments of his own.

The SCT decided:

1) The decision of the SoS NOT to deliver a valid commission/appointment is ministerial, NOT discretionary.

2) Since the SoS is legally bound to deliver a valid commission, he can be made to do so via a writ of mandamus.

3) Marbury had a legal right to the commission (even though another had been subsequently appointed), and the judiciary must provide a remedy for the denial of a legal right.

4) However, since Marbury filed his case in the Supreme Court, and the Supreme Court only has appellate, not original, jurisdiction over writ of mandamus cases, he lost.

How does that impact the Blago case?

1) Blago has the right to make the appointment.

2) Burris is a legal appointment.
3) The SoS (White) must certify the appointment and deliver it to the Congress.
4) Burris has a legal right to the appointment, even if a subsequent governor appoints someone else.

5) As long has he doesn't file in the Supreme Court first, but goes there on appeal.

Thus, this whole "delay" strategy from the Dems is pointless.

The options are as follows:

1) Refuse to seat him (blocked by Powell v. McCormack).

2) Delay the process until Blago is replaced and someone else is picked (blocked by Marbury v. Madison).

3) Expel a person who has no ethical issues (need 2/3 vote).

I'd just love for them to try that. Didn't this body just give a convicted felon a standing ovation? Were all of his votes cast after conviction (or indictment) tainted as well? Why didn't they expel Stevens?

Blago hasn't been convicted, or even indicted at this point.

This sad story reveals that Democrats are just as likely as the GOP to flout the rule of law whenever it suits their political purposes.

This despite the fact that we have a former Constitutional Law Professor in the White House.

We are in far more trouble in this country than I realized.

When Burris appears at the door of Senate Chamber,...

2009-01-02T16:01:00.000-05:00

When Burris appears at the door of Senate Chamber, I fully expect Republican operatives, trying to make hay, and/or hard-core Burris supporters, to be there, in front of the media, with signs that read:
SENATE-WHITES ONLY.

The "silly season" ain't over 'til it's over.

MD finally gets one right.

2009-01-02T15:54:00.000-05:00

MD finally gets one right.

Wow, attack the messenger, that's your game, Fred?...

2009-01-02T15:52:00.000-05:00

Wow, attack the messenger, that's your game, Fred?

Wow, impressive!

As to my numerous social justice activities, it's none of you freakin' business. And any anon idiot can claim they're the new Mother Teresa on the internets, a series of tubes.

Let me repeat the question, in context:

Justice is key, but without DNA, and with a conviction, it is very hard to blame Burris for thinking he had a requirement to bring the case.
-Fred

So you dispute this paragraph in the Propublica article? On what basis? Or do you think Burris wasn't STILL the AG in 1995?

State prosecutors carried on with the prosecution, even after DNA evidence in 1995 excluded Cruz as the victim's rapist and linked somebody else—sex offender Brian Dugan–to the crime.

Politics done wrong.This whole thing is a train wr...

2009-01-02T15:49:00.000-05:00

Politics done wrong.

This whole thing is a train wreck for which Harry Reid deserves most of the blame.

If this much discussion is required as to whether the Senate can do it, then that answers the question as to whether the Senate should do it.

Harry Reid is wasting everyone's time, dissipating political capital, and undermining the ability to quickly seat Franken.

Comments on FiveThirtyEight: Politics Done Right: More Reading on Burris, and Another Attempt at Leg...

豆豆聊天室 aio交友愛情館 2008真情寫真 2009真情寫真 aa片免費看 捷克論壇 微風論壇 ...

情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,情趣用品,...

Patterson hasn't said who he'll pick because the s...

I disagree with those who believe that Burris beca...

A "quickie" impeachment, without the testimony of ...

The Amar article has received a serious smackdown ...

Impeachment vote in the Illinois House as early as...

How many times have we've heard a prosecuting atto...

theuptake.com will provide live coverage of the co...

OPUSwell there is always Dateline... but they onl...

I read a horror story like this about once a month...

BOBI had a similar situation a few years ago in LA...

@fred: I could not possibly disagree with you mor...

I think a lot of the scenarios won't play out unle...

Just think: if McCain had won, there'd be none of ...

Fred, it's a mixed federal-state question because ...

@ Occasional,Congress cannot eliminate jurisdictio...

You guys can argue about court proceedings and rul...

tness2-Nice analysis, but doesn't state law contro...

Can you read? I said I made a mistake!That does c...

While Powell is indeed an important decision in th...

When Burris appears at the door of Senate Chamber,...

MD finally gets one right.

Wow, attack the messenger, that's your game, Fred?...

Politics done wrong.This whole thing is a train wr...

豆豆聊天室 aio交友愛情館 2008真情寫真 2009真情寫真 aa片免費看捷克論壇微風論壇 ...