Stubborn Birthers soldier on

January 4, 2010

Birther “Dr. Kate” sez there’s a case coming to a hearing in Pennsylvania that will go to the Supreme Court no matter how this hearing turns out.

Here’s the table of contents to Kerchner v. Obama. Here’s the full complaint, according to Dr. Kate.

Probably the best thing going for the plaintiffs is that Orly Taitz only appears by name in a bizarre accounting of everything ever said on the issue (except for the lack of evidence and reasons this case will fail which, oddly, isn’t included in the complaint; everything else is included).

I predict the case will be dismissed, but it may be dismissed with prejudice.  That is, if it really does come to a hearing.  Is that really possible?

Warn others so they don’t get trampled:

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Obama’s eligibility: California court tossed the challenge out

October 30, 2009

On the one hand it’s nice to see cool heads and wisdom prevail.

On the other hand, the Orly Taitz, Stumbling and Bumbling Bros., Barnyard Bailout Circus provided belly laughs for everyone who watched it.  How can such outstanding legal pratfall comedy possibly be replaced?  “Boston Legal” can’t hold a candle to Orly Taitz.

CNN and other sources report that Judge Carter booted the suit late Thursday, noting that the question is one for Congress, and Congress’s earlier decision sticks.

The lawsuit represented the claim by the so-called “birthers” movement that Obama was not born in Hawaii – despite a birth certificate to the contrary – or that if he was, his citizenship was invalidated by living overseas as a child.

In a 30-page ruling, U.S. District Judge David O. Carter of California said his court lacked the jurisdiction to rule on a case intended to unseat a sitting president.

Carter’s ruling said the plaintiffs were trying to persuade him to “disregard the constitutional procedures in place for the removal of a sitting president.”

“The process for removal of a sitting president – removal for any reason – is within the province of Congress, not the courts,” the ruling said.

Carter’s ruling also noted that the plaintiffs “have attacked the judiciary, including every prior court that has dismissed their claim, as unpatriotic and even treasonous for refusing to grant their requests and for adhering to the terms of the Constitution.”

“Respecting the constitutional role and jurisdiction of this court is not unpatriotic,” the ruling said. “Quite the contrary, this court considers commitment to that constitutional role to be the ultimate reflection of patriotism.”

Will Orly Taitz go quietly?  How can she replace the daily adrenaline rush of knowing she’s earned the official ire of judges from Chesapeake Bay to Long Beach Harbor?

It may be unrelated, but sketchy early reports say Orly Taitz has climbed aboard a mylar balloon shaped like a flying saucer . . .

More information:


“Death panel” as fiction

August 22, 2009

Odd observation: Electronic searches of H.R. 3200, ‘”America’s Affordable Health Choices Act of 2009,” find that the word “death” occurs only twice in the bill, on pages 588 and 596.

On page 588, the reference is to fines to a “skilled nursing facility” for lapses in care that result in the death of a patient. On page 596, again the reference is to a fine to a nursing facility for a lapse in care that results in the death of a patient.

In each case in which the word “death” occurs, the context is a fine for causing death.

The word “mortality” occurs once, on page 620. It occurs in a section that requires the Secretary of Health and Human Services to set priorities in national health care quality improvement, and to give priority to ideas that “have the greatest potential to decrease morbidity and mortality in this country, including those that are designed to eliminate harm to patients.”

In the only case in which “mortality” occurs, the context calls for reducing mortality.

Don’t take my word for it. Go search the bill yourself.

Critics appear not to have read the bill.  When writing fiction, sometimes it’s best not to be bound by reality.  However, when one is not bound by reality, one is writing only fiction.


MomsRising Healthcare Truth Squad

August 22, 2009

I get e-mail.  In all the discouraging folderol on the health care debate, it’s nice to know that a few people are carrying the torch for democracy and good republican government like these ladies.

Red caped mothers and others in Baltimore, before the U.S.S. Constellation, campaigning to dispel false rumors about health care reform, on August 19, 2009.  Image from MomsRising.com

Red caped mothers and others in Baltimore, before the U.S.S. Constellation, campaigning to dispel false rumors about health care reform, on August 19, 2009. Image from MomsRising.com

Watch for the ladies in red capes.  Barney Frank won’t ask what planet they spend their time on, I’ll wager.

Note links to more information, or to join in their merriment, in the letter.

Faster than a toddler crawling toward an uncovered electrical outlet and more powerful than a teenager’s social networking skills, moms across the country have been fanning out to dispel the unfounded rumors, misconceptions, and lies about healthcare reform.

MomsRising Healthcare Truth Squad members, dressed in red capes, have been distributing powerful truth flyers across the nation to passersby to educate them about what healthcare reform will really do, and about how it will help to ensure the economic security of families across the country.

“I must admit that I don’t normally wear a cape in public, but it was oddly empowering.  We knew we were having an impact on the larger conversation about healthcare when a news camera starting following us around. I definitely recommend life as a superhero,” say Donna, a cape wearing SuperMom for Healthcare.

*Let’s give our caped myth-busting moms some “online backup” by Truth Tagging friends with healthcare reform myths & facts today–it’s a virtual distribution of the same facts that the MomsRising Healthcare Truth Squad members are handing out in-person:

http://momsrising.democracyinaction.org/o/1768/tellafriend.jsp?tell_a_friend_KEY=4728

It’s going to take thousands of super heroines speaking up in order to get the healthcare debate back on track. We can’t all be out on the streets in capes, so please take a moment now to spread the word and bust some myths via email to friends and family by clicking the link above.

Why’s this so important to moms right now? Over 46 million people in our nation don’t have any healthcare coverage at all, including millions of children. Not only are families struggling with getting children the healthcare coverage they need for a healthy start, but 7 out of 10 women are either uninsured, underinsured, or are in significant debt due to healthcare costs. In fact, a leading cause of bankruptcy is healthcare costs — and over 70% of those who do go bankrupt due to healthcare costs had insurance at the start of their illness. Clearly we need to fix our broken healthcare system!

Don’t forget to help put some more truth into the mix of the national dialogue on healthcare reform right now:

http://momsrising.democracyinaction.org/o/1768/tellafriend.jsp?tell_a_friend_KEY=4728

Onward!
–Kristin, Joan, Donna, Ashley, Julia, Dionna, Katie, Anita, Sarah, Mary, and the entire MomsRising Team

P.S.  We’ve been hearing so much positive feedback about our caped crusading moms that it might be time to lead a giant march of moms on the National Capitol Mall.  Tell us what you think: http://www.momsrising.org/blog/bust-a-myth-tag-a-friend-with-the-truth-about-healthcare/

P.P.S.  Want to get more involved with the MomsRising Healthcare Truth Squad members? Click here: http://momsrising.democracyinaction.org/o/1768/t/9251/signUp.jsp?key=4284

P.P.P.S. When you go to the Truth Squad Tag page, you can also see a video of our MomsRising Healthcare Truth Squad in action wearing capes! http://momsrising.democracyinaction.org/o/1768/tellafriend.jsp?tell_a_friend_KEY=4727

Here’s the video:


Republican death trip

August 14, 2009

Senate Finance Committee members said yesterday they would strip out of the health care discussion any mention of helping older Americans or others with terminal diseases make adequate plans with, for example, durable powers of attorney and living wills.

Newt Gingrich and others on the wackaloon right have made the topic toxic, despite it’s having been urged by Republicans, to ensure privacy and individual rights near the end of death.

And so, also, we bid farewell to morality, reason and backbone among Republicans nationally.

Two pieces you should read:

  1. “Republican Death Trip,” Paul Krugman’s column today in the the New York Times
  2. “Sarah Palin’s death panels,” at former Labor Sec. Robert Reich’s blog

Associated Press claims to own Thomas Jefferson’s words

August 3, 2009

Update:  See comment from Mr. Higginbotham; AP claims machine error and not arrogance.

Potential collisions are delicious:  Associated Press versus the Library of Congress’s “Thomas” legislation tracker;  Associated Press versus the Supreme Court for quoting the Declaration of Independence.

Associated Press versus the Southern Baptist Convention and Holy See for quoting the Bible, in phrases Jefferson used in his mashup of the New Testament.

Sotomayor either doesn’t know what she’s in for, or she saw this coming and is going to relish the ride.

James Grimmelman at The Laboratorium has been tracking AP’s attempts to wring pennies out of penniless bloggers and scholars for using AP product.  On the one hand, AP certainly deserves credit and payment for the great work it does reporting the news.

On the other hand, AP policies don’t seem much concerned with reporting news or creating new product that can make money for the organization, but instead seem bent on punishing people who read Associated Press stories.  (Full disclosure:  I make it a point to avoid AP stories and images on topics of my interest just to avoid the conflict — oddly, I’ve found that this actually does shift my news sources on major stories.)

Grimmelman caught AP red-handed in what must be a much embarrassing gaffe:  He asked permission from AP to quote from a letter written by Thomas Jefferson which AP had not published.

Sure enough, AP told him he owed them $12 to quote the letter, and AP offered to restrict the uses of the letter.

Grimmelman said:

The Associated Press has become so deranged, so disconnected from reality, that it will sell you a “license” to quote words it didn’t write and doesn’t own. Here, check it out:

Screen capture of Associated Presss charging for a Thomas Jefferson letter in the public domain - The LaboratoriumScreen capture of Associated Presss charging for a Thomas Jefferson letter in the public domain – The Laboratorium

These things threaten to put hoax makers out of business. Who could think of something so absurd? Grimmelman said:

I paid $12 for this “license.” Those words don’t even come from the article they charged me 46 cents a word to quote from (and that’s with the educational discount). No, they’re from Thomas Jefferson’s letter to Isaac McPherson, in which Jefferson argues that copyright has no basis in natural law.

(A commenter notes that Jefferson was actually writing about patents, but close is good enough in hand grenades and freedom of the press and freedom of thought.)

Grimmelman has more thoughts (and links to his earlier work on the issue)Boing-Boing did a cover of Grimmelman’s piece.

James Grimmelman pwns AP instead.

Tip of the old scrub brush to Dr. Pamela Bumsted.


Another way to tell Republicans and opponents of health care reform have lost their minds, or their hearts, or their conscience

August 1, 2009

Republicans and opponents of health care reform make Dave Barry look like the prophet Isaiah with greatly improved accuracy.  You couldn’t make this stuff up if you tried, as Dave Barry often says.

I have the right to protection, pleads this innocent little boy, in a poster for the State of Arizona Crime Victims Services division of the Department of Public Safety.  The Heritage Foundation ridicules federal support for child abuse prevention programs as unnecessary federal intrusion.

Included in the massive health care reform bill is some extra money to help out states and communities that have had difficulty getting effective programs going to combat child abuse.  Pilot programs demonstrated that community health workers could provide a few parenting programs and dramatically reduce child abuse.

These are programs that prevent dead babies.

According to the text of H.R. 3200, “America’s Affordable Health Choices Act,” starting on page 838 is a description of a program under which states and communities can get money to fight child abuse, if they have large populations of poor families, where child abuse is a problem, and where anti-child abuse programs need more money.  That’s pretty straightforward, no?  [That’s a hefty .pdf file, by the way — more than 1,000 pages.]

Parenting instruction and help can be offered, in private settings, and in homes where struggling parents need help most.

Money goes to states that want it and can demonstrate a need.  Parenting help programs are purely voluntary under H.R. 3200.

Who supports child abuse?  Who would not support spending some of the money in health care reform to save the saddest cases, the children who are beaten or starved or psychologically abused?

Is it not true that the prevention of child abuse would contribute to better health care for less money?

This is politics, you know.  Non-thinking conservatives pull out the stops in their desire to drive the health bill to oblivion, claiming that these anti-child abuse sections are socialism, liberty-depriving, and a threat to the designated hitter rule.  (I only exaggerate a little on the third point.)

This isn’t stripping liberties is it, we want someone else coming into our homes and telling us how to raise our children and live our lives.

This is right out of the Book 1984. If you had not read it I suggest it.

“Right out of 1984?”  Isn’t this a violation of  Godwin’s Law?

The Heritage Foundation appears to have taken a turn to radicalism, now advocating against fighting child abuse, and calling anti-child abuse programs a “stealth agenda.”

Have the Heritage Foundation, and these other people, lost their collective minds? They complain about the provisions of this bill because — this is their words:

One troublesome provision calls for a home visitation program that would bring state workers into the homes of young families to improve “the well-being, health, and development of children”.

Well, heaven forbid we should improve the well-being, health and development of children!

It is fair to conclude from this report that the Heritage Foundation does not want to prevent dead babies.

Years ago, when Father Reagan presided over the Conservative Church, one of the Heritage Foundation favorite deacons, a guy named Al Regnery, was appointed to be assistant attorney general over programs dealing with youth — juvenile delinquents, drug users, etc.  His chief qualifications for the job included that he was a faithful aide to Nevada Sen. Paul Laxalt, and that he toed the party line on almost all issues, including shutting down federal funding for programs that might prevent juvenile delinquency, or treat it.

Republicans controlled the Judiciary Committee under Sen. Strom Thurmond, so Regnery’s confirmation was never doubted.  But as if to throw gasoline in the face of advocates of anti-delinquency programs, When Regnery drove up to the Senate office buildings for his nomination hearing, his car had a generally humorous bumper sticker.  “Have you hugged your kid today” showed on about 200 million of the 100 million cars in America at the time — it was a cliché.  To fight the cliché, Regnery had the anti-fuzzy bumper sticker, “Have you slugged your kid today.”

When the issue hit the news, Regnery backpedalled, and said it was just a joke sticker that he probably should have taken off his car under the circumstances, but he forgot — and Regnery disavowed the bumper sticker, as humorous or anything else.

Comes 2009, we discover that the Heritage Foundation wasn’t kidding — slugging your kid is acceptable behavior to them, and creating programs to fight child abuse, is evil — to the Heritage Foundation.

Ronald Reagan would be ashamed of them.  Somebody has to be ashamed — there appears to be no shame at Heritage Foundation offices.

One wouldn’t worry — surely common sense American citizens can see through these cheap deceptions —  except that Heritage has a massive public relations budget, and there is a corps of willing gullibles waiting to swallow as fact any fantasy Heritage dreams up — see this discussion board on ComCast, where the discussants accept Heritage claims at face value though anyone with even a dime-store excrement detector would be wary; or see this blogger who says he won’t let the feds “take away” his liberties (to beat his children, or the children of others?); or this forum, where some naif thinks the bill will create a federal behavior czarGlenn Beck, whose religion reveres children, can’t resist taking a cheap shot at Obama, even though doing so requires Beck to stand up for child abuse.

Beck falls into the worst category, spreading incredible falsehoods as if he understood the bill:

This doesn’t scare me! No way. Just the crazies like Winston Smith — you know, the main character from “1984.”

When did we go from being a nation that believed in hard work and picking yourself up by the bootstraps, to a nation that wants government to control everything from our light bulbs to our parenting techniques?

This bill has to be stopped.

Gee, Glenn — when did we go from a nation that thought government was for the people, as demonstrated by the Agricultural Extension Service, or the Air Traffic Control System, or the Tennessee Valley Authority, to a nation that fights to bring back Czarist Russian government in the U.S.?  Stopping this bill won’t resurrect Czar Nicholas, and it will kill at least a few hundred American kids.  Excuse me if I choose living American kids over fantasies of a new and oppressive monarchy.

These people are not journalists. Beck isn’t like Orwell — maybe more like Ezra Pound, in Italy.  These people are not commentators, or columnists.  These people are not editorial writers.  They are not, most of them, lobbyists who give out  information for money, having sold their souls away from the angels of serious public discourse.

They are crass propagandists. They should be regarded more like the guy Tom Lehrer warned us about, the old dope peddler in the park, who always has just a little bit of poison for the kids or anyone else.  (“Don’t worry; you won’t get hooked.”)

How many other provisions of the health reform act are being distorted by conservatives in a desperate attempt to keep President Obama from “looking good,” despite the costs to America’s children and families?

These attacks on the health reform bill fall out of the category of robust discussion.  They disgrace our polity, and they erode the dignity of our democratic system.

Please share the information on this bill:

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Below the fold:  An example of the type of program Beck and Heritage call socialism, 1984-ish, and dangerous.

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Crazies never think they are

July 31, 2009

David Paul Kuhn at Real Clear Politics wonders why the “birthers” or birth-certificate-obsessed garnered a good deal of attention in the last month, which struck Kuhn as rather sudden.

Meanwhile, incidents like this (and I mean the outsized coverage) do seem to justify conservative charges of bias. Is there an unintentional effort, perhaps intentional in some corners of the partisan press, to portray Republicans and conservatives as a bunch of kooks? Well, one should never presume motives.

But I do think the drumming coverage blends a conservative fringe group with conservatives and Republicans. It seems fair to say that, by consequence, much of the media is characterizing conservatives as a bit loony with this exaggerated “birther” storyline.

Both sides have their ideological fringe. Party flanks tend to believe their passions despite the facts. But the mainstream media did not, to the same degree, discuss the conspiracy theorists that believed Bush and Cheney were behind the 9/11 attacks, in order to justify an invasion for oil, in the context of liberals or Democrats.

Two observations:

First, Kuhn appears to have missed that the BCOs stepped up their activities a bit, including giving “indictments” to a dozen or more federal courts across the nation, begging for an indictment of the president, and even got a bill introduced to require candidates to offer more evidence of their birth than anyone ever before .  So BCO activities increased in frequency and seriousness.  I think the tone has gotten nastier, too.  Anyone concerned about nuts with guns should have noticed the uptick in activities, and with luck the FBI and other law enforcement agencies took note, too.

But second, notice that Kuhn thinks that exposing the BCO arguments makes them look crazy.  Exactly the opposite of the BCO claims of conspiracy, Kuhn thinks there is a conspiracy to get the BCOs plastered on the front pages where they can present a picture of lunacy for the world to see, and reject.

According to Kuhn, who is the chief political reporter for Politico, the birthers are so crazy that exposing their arguments makes all Obama opponents look bad. A reporter rather sympathetic to the BCO’s views on Obama, hopes their views on the birth certificate issue are hushed up, so they don’t look so crazy.

Astoundingly, even some of the BCO’s agree that their wackiness on display hurts their cause.  Leo Donofrio, the professional gambler, ranks right near the top of the BCO crazies, and a friendly comment at his blog makes a similar point:

Max Says:
July 27, 2009 at 11:18 pm

The Birth cert issue IMHO is being used by Axelrod Inc. to divert attention from Obama’s falling poll numbers.

Kuhn may be on to something.  The BCOs won’t view it the same way.  With few exceptions, crazies never think they are the crazy ones.  And when they get crazier?  No one likes to know about it, especially their friends.

‘Mainstream Media won’t cover us, they’re part of the conspiracy.  Oh, No!  They’re covering us, and we look crazy!’

(By the way, Donofrio has joined the People’s Republic of China, creationist Islamic wackoes in Turkey, Neil Simpson, Cuba, conspiracy-monger Texas Darlin’ and Douglas Groothuis in banning my comments.  Kim Jong-Il is considering such a ban, too, and I guess Donofrio wanted to avoid the rush.)

File it under “be careful what you wish for.”

(In fairness, I mustt note that I have been guilty of praying Voltaire’s prayer.  My enemies, really few in number,  are entirely a self-selecting cohort.)

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The article the British Chiropractic Association hopes you will not read

July 31, 2009

Science-based Medicine carried this article yesterday, and several other blogs have joined in.  Below is the article Simon Singh wrote for which he is being sued for libel by the professional association for British chiropractors.  It’s a good cause, so I’ll stretch it another little while.

Science-based Medicine introduced the article with this:

Last year Simon Singh wrote a piece for the Guardian that was critical of the modern practice of chiropractic. The core of his complaint was that chiropractors provide services and make claims that are not adequately backed by evidence – they are not evidence-based practitioners. In response to his criticism the British Chiropractic Association (BCA) sued Simon personally for libel. They refused offers to publish a rebuttal to his criticism, or to provide the evidence Simon said was lacking. After they were further criticized for this, the BCA eventually produced an anemic list of studies purported to support the questionable treatments, but really just demonstrating the truth of Simon’s criticism (as I discuss at length here).

In England suing for libel is an effective strategy for silencing critics. The burden of proof is on the one accused (guilty until proven innnocent) and the costs are ruinous. Simon has persisted, however, at great personal expense.

This is an issue of vital importance to science-based medicine. A very necessary feature of science is public debate and criticism – absolute transparency.This is also not an isolated incident. Some in the alternative medicine community are attempting to assert that criticism is unprofessional, and they have used accusations of both unprofessionalism and libel as a method of silencing criticism of their claims and practices. This has happened to David Colquhoun and Ben Goldacre, and others less prominent but who have communicated to me directly attempts at silencing their criticism.

This behavior is intolerable and is itself unprofessional, an assault on academic freedom and free speech, and anathema to science as science is dependent upon open and vigorous critical debate.

What those who will attempt to silence their critics through this type of bullying must understand is that such attempts will only result in the magnification of the criticism by several orders of magnitude. That is why we are reproducing Simon Singh’s original article (with a couple of minor alterations) on this site and many others. Enjoy.

Here it is:

Beware the spinal trap

Some practitioners claim it is a cure-all but research suggests chiropractic therapy can be lethal

Simon Singh
The Guardian, Original version published Saturday April 19 2008
Edited version published July 29, 2009

You might be surprised to know that the founder of chiropractic therapy, Daniel David Palmer, wrote that “99% of all diseases are caused by displaced vertebrae”. In the 1860s, Palmer began to develop his theory that the spine was involved in almost every illness because the spinal cord connects the brain to the rest of the body. Therefore any misalignment could cause a problem in distant parts of the body.

In fact, Palmer’s first chiropractic intervention supposedly cured a man who had been profoundly deaf for 17 years. His second treatment was equally strange, because he claimed that he treated a patient with heart trouble by correcting a displaced vertebra.

You might think that modern chiropractors restrict themselves to treating back problems, but in fact some still possess quite wacky ideas. The fundamentalists argue that they can cure anything, including helping treat children with colic, sleeping and feeding problems, frequent ear infections, asthma and prolonged crying – even though there is not a jot of evidence.

I can confidently label these assertions as utter nonsense because I have co-authored a book about alternative medicine with the world’s first professor of complementary medicine, Edzard Ernst. He learned chiropractic techniques himself and used them as a doctor. This is when he began to see the need for some critical evaluation. Among other projects, he examined the evidence from 70 trials exploring the benefits of chiropractic therapy in conditions unrelated to the back. He found no evidence to suggest that chiropractors could treat any such conditions.

But what about chiropractic in the context of treating back problems? Manipulating the spine can cure some problems, but results are mixed. To be fair, conventional approaches, such as physiotherapy, also struggle to treat back problems with any consistency. Nevertheless, conventional therapy is still preferable because of the serious dangers associated with chiropractic.

In 2001, a systematic review of five studies revealed that roughly half of all chiropractic patients experience temporary adverse effects, such as pain, numbness, stiffness, dizziness and headaches. These are relatively minor effects, but the frequency is very high, and this has to be weighed against the limited benefit offered by chiropractors.

More worryingly, the hallmark technique of the chiropractor, known as high-velocity, low-amplitude thrust, carries much more significant risks. This involves pushing joints beyond their natural range of motion by applying a short, sharp force. Although this is a safe procedure for most patients, others can suffer dislocations and fractures.

Worse still, manipulation of the neck can damage the vertebral arteries, which supply blood to the brain. So-called vertebral dissection can ultimately cut off the blood supply, which in turn can lead to a stroke and even death. Because there is usually a delay between the vertebral dissection and the blockage of blood to the brain, the link between chiropractic and strokes went unnoticed for many years. Recently, however, it has been possible to identify cases where spinal manipulation has certainly been the cause of vertebral dissection.

Laurie Mathiason was a 20-year-old Canadian waitress who visited a chiropractor 21 times between 1997 and 1998 to relieve her low-back pain. On her penultimate visit she complained of stiffness in her neck. That evening she began dropping plates at the restaurant, so she returned to the chiropractor. As the chiropractor manipulated her neck, Mathiason began to cry, her eyes started to roll, she foamed at the mouth and her body began to convulse. She was rushed to hospital, slipped into a coma and died three days later. At the inquest, the coroner declared: “Laurie died of a ruptured vertebral artery, which occurred in association with a chiropractic manipulation of the neck.”

This case is not unique. In Canada alone there have been several other women who have died after receiving chiropractic therapy, and Edzard Ernst has identified about 700 cases of serious complications among the medical literature. This should be a major concern for health officials, particularly as under-reporting will mean that the actual number of cases is much higher.

If spinal manipulation were a drug with such serious adverse effects and so little demonstrable benefit, then it would almost certainly have been taken off the market.


Simon Singh is a science writer in London and the co-author, with Edzard Ernst, of Trick or Treatment? Alternative Medicine on Trial. This is an edited version of an article published in The Guardian for which Singh is being personally sued for libel by the British Chiropractic Association.

Other venues:

Related material:


Birther control

July 27, 2009

Our local newspaper, The Dallas Morning News, endorsed Ronald Reagan for president twice, George H. W. Bush, Bob Dole, George W. Bush for governor, twice, and for president twice, and John McCain.  When we moved here, the “liberal” columnist for the paper was a former speechwriter for Richard Nixon.  In short, over the past 30 years, there are few conservative causes the paper hasn’t liked and promoted if not outright endorsed.

For years they ran Doonsebury on the opposite editorial page.  Sadly, they got rid of their full-time editorial cartoonist, who was very conservative — but those editorial cartoonists they do feature rarely come from left of John C. Calhoun.

Overall it’s a pretty good newspaper, but it has a conservative streak that just won’t quit.  Friends of Barack Obama do not live in the Belo Building, so far as I can tell.

Got the idea yet?  The Dallas Morning News does nothing to favor Barack Obama, especially gratuitously.

So my jaw hit the floor this morning when I opened the paper and saw this headline on an editorial — not an op-ed, but an honest-to-publisher editorial:

Birther Control

This conspiratorial nonsense needs to stop

The online headline isn’t as clever, nor as clear, but the content of the editorial is there.

A year after then-candidate Barack Obama released a birth record showing he was born in Hawaii, the president-isn’t-a-natural-born-citizen mythology is gaining a troubling second wind.

Delaware Rep. Mike Castle, a conservative Republican, recently was booed loudly for defending Obama’s citizenship and his right to be president during a town hall meeting. Several conservative politicians are now coyly perpetuating the fake-citizenship myth. And Florida Rep. Bill Posey has gone so far as to sponsor a bill with several Republican co-signers that would require future presidential candidates to provide a copy of their original birth certificate.

Maybe this is the way political disputes play out in the Internet Age, but we think it is disgusting and dangerous. Someone flings a charge, then lets word of mouth, e-mail blasts and talk-show chatter turn an easily debunked allegation into a full-fledged circus of conspiratorial cover-up theories. Americans deserve better and need to demand some responsibility – especially from elected officials who seem most interested in playing to the worst instincts the political fringe has to offer.

Absolutely.  Time to call it a day, birthers.

More information at Millard Fillmore’s Bathtub:

Other notable chunks of information:

Help spread the accurate word; click your service below

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Full Dallas Morning News editorial, below the fold.

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Birthers: “We choose to wallow in the gutter”

July 25, 2009

It’s a stark contrast to the matter-of-fact, good-for-America views of John Kennedy.

One of the Birth-Certificate-Obsessed (BCO), blogging at I Took the Red Pill, lays out the hoax-induced hysteria in a comment at his blog; I’ll take a few minutes and explain the problems.  Maybe one or more of the BCOs will come to their senses.  [This guy at least allows contrary views on his blog; he’s a regular at Texas Darlin’, which means his views are certifiably nuts on issues he posts about at Texas Darlin’.  But I digress.]

Heh.  Maybe pigs will fly to the Moon.

I Took the Red Pill (Pill) said:

This issue will not go away.

Only because of defects in the actions of BCOs.  As Woody Allen’s script once noted, nothing wrong here that couldn’t be cured with Prozac and a polo mallet.

This issue is pathological in every regard.

Quite to the contrary, every day more and more people are realizing that the document produced at the Obama Camapaign Headquarters in Chicago is merely a hardcopy of the photoshopped forgery that first appeared on Daily KOS.

Wow.  Where to begin, when the force of denial is so strong in the BCOs?

You can view the document’s images here, and here.  It is a certified document from the State of Hawaii.  It bears the Seal of the State of Hawaii as authentic.  No one has produced any scintilla of evidence to suggest that the document is false. or not exactly what Hawaii swears it is with the attachment of the State Seal.

That’s a powerful attestation from the State of Hawaii — as the law sees it.  If a certified document under seal is not acceptable to the BCOs, one wonders what sort of documentation would be — there isn’t anything more trustworthy under the law.

Check the Federal Rules of Evidence, for example:

Rule 902. Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

(1) Domestic public documents under seal. A document bearing a seal purporting to be that of the United States, or of any State, district, Commonwealth, territory, or insular possession thereof, or the Panama Canal Zone, or the Trust Territory of the Pacific Islands, or of a political subdivision, department, officer, or agency thereof, and a signature purporting to be an attestation or execution.

. . . (4) Certified copies of public records. A copy of an official record or report or entry therein, or of a document authorized by law to be recorded or filed and actually recorded or filed in a public office, including data compilations in any form, certified as correct by the custodian or other person authorized to make the certification, by certificate complying with paragraph (1), (2), or (3) of this rule or complying with any Act of Congress or rule prescribed by the Supreme Court pursuant to statutory authority.[courtesy of the Legal Information Institute at Cornell University’s Library]

Got that?  Under federal evidence rules, that document is self-proving, self-authenticating.  What evidence have the BCOs to contradict it?  Absolutely nothing.

The State of Hawaii has never verified that authenticity of that forgery.

The governor and the head of vital records said it’s NOT a forgery, if that’s what you mean.  In other words, they said the document is accurate in what it says:  Barack Obama, Jr., was born in Honolulu in 1961.

The State of Hawaii has never released any documentation of Obama’s birth.

Well, yeah, they did.  They sent to Barack Obama the certified document you claim is a forgery.

Moreover, in 1961, when Barack Obama was just a few days old and, we might assume, both physically and mentally unable to start a conspiracy to cover up the facts of his birth, the State of Hawaii released to the Hawaiian newspapers the records of births in Hawaii, including Obama’s — and those records were published in the newspaper.  Such documentation, contemporary with the events and extremely unlikely to be falsified, are valid in court.

Oh, and remember those Federal Rules of Evidence?  Look at what they say about such newspaper records:

Rule 902. Self-authentication

Extrinsic evidence of authenticity as a condition precedent to admissibility is not required with respect to the following:

. . . (6) Newspapers and periodicals. Printed materials purporting to be newspapers or periodicals.

So we have two releases of documentation from the State of Hawaii, vouched for by the Republican governor. What gives you the right that every state of the union is denied, to claim this documentation doesn’t exist?  These are legal documents that make legal statements.  You can’t just handwave them away.  Pixie dust can’t cover them up, and the pixie dust of the BCOs isn’t all that powerful anyway.  The courts cannot wave away this sort of evidence, nor can the BCOs.

The mere existence of the newspaper account is legal evidence vouching for Obama’s claim. BCOs must produce extraordinary evidence of fraud or mistake in order to overcome the legal presumption that newspaper account provides.  BCOs have no extraordinary evidence to counter the documents.  BCOs have no evidence at all.

The State of Hawaii has never claimed that Obama was “born in Honolulu”, even though the Associated Press and Fact Check.org lied and claimed that Dr. Fukino had said that.

The State of Hawaii put its seal on such a statement, and it states Obama was born in Honolulu (see “place of birth”).  BCOs’ completely unevidenced and off-the-wall claim that the document was forged is evidence of BCO insanity, not Hawaii’s failure to act.

A newspaper announcement is circumstantial evidence that is not admissible as “proof” of his birth in Hawaii. Can you imagine a new employee trying to use a newspaper clipping as proof of their U.S. citizenship? It’s laughable. If that won’t work to get you a job at McDonalds, it’s certainly not acceptable for the highest office in this country.

It’s a business record, actually.  When you get to your law school class on evidence, you’ll learn that contemporary accounts from unbiased sources which are difficult to fake and easy to corroborate are, indeed, acceptable in a court of law.  In this case, the published account of the vital records entries corroborates exactly the information provided by the State of Hawaii under seal.

And, as I noted above, it’s a self-authenticating piece of evidence under the Federal Rules of Evidence. Pill is simply dead wrong on the acceptability of newspaper accounts.

So we have a document certified as authentic and accurate by the State of Hawaii, so solid that the state backs it with their seal, the most sacred authenticating device in a state’s arsenal of authenticating devices, supported by a valid contemporary business record published in a general circulation newspaper where the record cannot be tampered with and which U.S. courts and agencies accept as valid.

But BCOs dismiss all the official, legal evidence, and BCOs claim, without any evidence or corroboration, without ever having looked at the documents, that the official documents are forgeries.

Liar, pants, fire.

Every Member of Congress swore an Oath of office to “support and defend the Constitution of the United States”. The Constitution explicitly requires that a President be a Natural Born Citizen. It is the responsibility of Congress to honor their oath and verify the eligibility of the man who would be President.

I’ve sworn that oath myself, four times.  I regard it as a sacred trust.  One is never relieved of that oath, by the way.  That oath requires that we follow the law, the Constitutional law, the Constitution.  Barack Obama has presented clear  and convincing evidence of his eligibility by right of birth on U.S. soil.  The evidence is absolutely uncontradicted, plus it is corroborated by all legally-acceptable accounts.

Every member of Congress has a duty to stand up and tell the BCOs to take a chill pill and shut up. The courts have reviewed these bogus claims from BCOs more than a dozen times.  Not once has any BCO offered any evidence to contradict the legal records.  Not once.

Be careful what you wish for, Pill.  If Congress takes their oath seriously, BCOs are in for a lot of woe.

Every member of Congress failed to uphold their oath of office. They “outsourced” their Constitutional responsibility to an unaccountable, unelected, untrustworthy third party who demonstrably lied.

I’m convinced Pill wouldn’t know a lie if it bit him on the nose.  Here he’s peddling such a lie, instead of standing up for the truth.

Go to the link Pill provides, and you’ll see he claims that the certified, under seal document from the State of Hawaii should be disregarded because all it does is state what the official record is — he wants a hand-written document, as if hand-written provides some legal magic that the State Seal of the Great State of Hawaii cannot.

Look, if he won’t take the word of a self-proving document issued under seal, he’s not going to believe any document at any time.

Hawaii didn’t claim they put the State Seal on the original autograph copy; the State of Hawaii looked at the autograph and swore that the information they provided, all that is required, is accurate, is the same information that is on the original autograph.

For all legal purposes possible for Obama, the document whose image he released is THE document.  The document itself, under seal, swears that the information it presents is accurate:  Obama was born in Honolulu.  That’s it.  The end.

Two things are required to put this to rest:

1) A Supreme Court ruling on the definition of “Natural Born Citizen”. Can someone who was born with citizenship of another country (as Obama admits that he was) be considered a “Natural Born Citizen” of the United States?

The Supreme Court has spoken on this issue.  A baby born on U.S. soil is a citizen with full rights of citizens, period.  A baby born on U.S. soil is a natural-born citizen of the U.S.  Plus, a baby born to a U.S. citizen (as was Obama’s mother), is a natural-born citizen regardless of place of birth.  Obama qualifies on two separate counts.  There is not an iota of evidence from the BCOs nor any other source to contradict either of those valid claims on eligibility.

But here we see the weasel ways of the BCOs:  ” . . . born with citizenship of another country (as Obama admits he was) . . .”

Obama didn’t say he was a citizen of another country.  He said his father was a citizen of the British Commonwealth, and under British law, he could have claimed dual-citizenship.  Under U.S. law, dual citizenship would not invalidate U.S. citizenship.

In order for this to have been a problem for Obama’s eligibility, Obama would have had to have claimed exclusive British citizenship at some point — which he never did.

So this is not a new question.  There is no new issue here that the courts and the Supreme Court have not looked at in the past.  There is no legal argument, no case in controversy on the issue of Obama’s citizenship.

There is nothing for any court to decide.  And that’s why the challenges to Obama’s eligibility have all failed.

2) If the Supreme Court finds that persons born with foreign citizenship can still be considered a “Natural Born Citizen” of the United States, then Congress needs to inspect an officially certified birth certificate for Barack Obama, delivered under seal from the State of Hawaii, just as they did with their inspection of the Certificate from the Hawaiian Secretary of State for the certification of the Electoral College vote.

That document, “delivered under seal form the State of Hawaii,” has been provided.  BCOs claim, without any documentation, it’s a forgery.  BCOs need to get their eyes examined.

And, if they are found to be not blind, they need to get their heads examined.

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Congratulations, Sen. Al Franken

June 30, 2009

Justices of the Minnesota Supreme Court ruled today that Al Franken won the election for the U.S. Senate seat formerly held by Norm Coleman.

Senator-elect Al Franken and his wife, Franni, after the Minnesota Canvassing Board certified him the winner of the states November 2008 senatorial election, June 29, 2008 - Minneapolis Star-Tribune photo

Senator-elect Al Franken and his wife, Franni, after the Minnesota Canvassing Board certified him the winner of the state's November 2008 senatorial election, June 29, 2008 - Minneapolis Star-Tribune photo

Pat Doyle wrote for the Minneapolis Star-Tribune:

The Minnesota Supreme Court ruled today that Democrat Al Franken won the U.S. Senate election and said he was entitled to an election certificate that would lead to him being seated in the Senate.

“Affirmed,” wrote the Supreme Court, unanimously rejecting Republican Norm Coleman’s claims that inconsistent practices by local elections officials and wrong decisions by a lower court had denied him victory.

“Al Franken received the highest number of votes legally cast and is entitled [under Minnesota law] to receive the certificate of election as United States Senator from the State of Minnesota,” the court wrote.

In upholding a lower court ruling in April, the justices said Coleman had “not shown that the trial court’s findings of fact are clearly erroneous or that the court committed an error of law or abused its discretion.”

The justices also said that neither the trial court nor local elections officials violated constitutional rights to equal protection, a cornerstone of Coleman’s case and any possible federal appeal.

The ruling was a unanimous, 5-0 decision.

Congratulations, U.S. Sen. Al Franken.

Update: Coleman conceded; NPR report hereNPR political blog here. Coleman was surprisingly gracious, considering he fought so hard for 238 days after the election.


Wingnuttery to a higher dimension: Obama’s citizenship

May 20, 2009

I can’t believe there are still people out there who argue that President Obama is not eligible to be president, and who still refuse to look at the evidence.

Here’s a measure of how far down in the barrel they have to scrape to keep this issue alive:  Check out this blog by a New Mexico paralegal who is a source for World Net Daily.  A nation loaded with good Constitutional scholars in law schools, history departments, political science departments and public affairs and management schools, and WND finds an obscure paralegal in New Mexico instead, to get the lowdown on U.S. law on citizenship.

There’s a sucker born every minute, but WND’s philosophy is that anyone can act like a sucker if you work hard enough at it.  WND is working very hard.

Other comments at MFB


Congratulations, Judge Davidian

April 28, 2009

Ben Davidian, Jr., will be sworn in as a judge for the Superior Court for Sacramento County this afternoon.  Gov. Arnold Schwarzenegger appointed him to the post about a month ago.

Texas is testing, so I won’t be traveling.

We wish Ben well in his new post.  We are also redoubling our efforts to archive the Ben Davidian stories we have collected over these last 30+ years, for the retirement ceremony.  Alan Ingersoll, Evelyn Earl Jeffries, Patty Hulce and I will hold the Davidian archives open for contributions.  We’ve already got the files from Bae Gardner and J. D. Williams, from the University of Utah’s Hinckley Institute of Politics, both of whom will be at the ceremony in Sacramento this afternoon.

Congratulations, Ben!


Anti-Obama blogger indicted for threatening Secret Service agent

April 19, 2009

You think some of those who deny Obama’s eligibility sound a little crazy?

Seems to be an accurate perception.  From The Oregonian (via OregonLive.com):

A Springfield blogger is accused of threatening the life, limbs and lower alimentary canal of a Secret Service agent.

James T. Cuneo, 43, was indicted Thursday on charges of making a series of threats against Special Agent Ronald Brown in the course of his official duties.

This was strange turnabout for Brown, whose job in the agency’s Presidential Protection Division is mainly to thwart threats against the commander in chief. For the first time in his 15-year career, Brown wrote in federal court papers, someone was repeatedly harassing him.

There’s a difference between a dog on a bone and a psychotic; some of the Obama denialists appear to have blurred the difference.  Cuneo’s complaint appears to revolve around the same issue that set off Texas Darlin’ and a few dozen others.  Cuneo escalated the thing; let’s hope no others do the same.

On Oct. 16, Brown and Springfield police detectives dropped in on Cuneo to chat about threats he had allegedly made about Google executives on his Internet blog: walkndude.wordpress.com. (WordPress has taken the site offline for violation of its terms of service.)

“Cuneo was extremely belligerent, refused to answer questions and became increasingly threatening,” Brown wrote in an arrest affidavit. “We left the driveway of Cuneo’s residence without further incident.”

Cuneo then began to phone the Secret Service office in Portland, threatening Brown and others, the government alleges. “Cuneo,” Brown wrote, “seems to think that we are aiding and abetting the ‘illegal U.S. President’ and that he and others need to arrest us for not doing our job.”

Brown says Cuneo phoned him in January and, with a colorful series of expletives, threatened him with physical harm, including execution by hanging, electric chair or firing squad. Those threats — and Cuneo’s history of violence — concerned federal officials, according to Brown’s affidavit.

Time to get back to real issues.  2010 is around the corner, 2012 is not much farther.

And, by the way, a federal judge in the District of Columbia issued an order dismissing one of the many nuisance suits filed by the denialists (styled Hollister v. Soetoro) , stating clearly that the suits are nuisances and asking for a showing of why sanctions under Rule 11 of the Federal Rules of Civil Procedure should not be applied.  In short, the judge has ruled that the case against Obama’s eligibility is so rank and utterly without substance that any lawyer of average intelligence and sound mind should know better than to trouble a court with it.  I think this is from the court’s order:

Because it appears that the complaint in this case may have been presented for an improper purpose such as to harass; and that the interpleader claims and other legal contentions of the plaintiff are not warranted by existing law or by non-frivolous arguments for extending, modifying or reversing existing law or for establishing new law, the accompanying order of dismissal requires Mr. Hemenway [the attorney of record] to show cause why he has not violated Rules 11 (b) (1) and 11 (b) (2) of the Federal Rules of Civil Procedure, and why he should not be required to pay reasonable attorneys fees and other expenses to counsel for the defendants.

Crazier fringes of the anti-Obama guild claim that a letter from Obama’s attorneys asking that the suit be dropped is “threatening.”  It’s not threatening to tell the schoolyard bully to straighten up.  How much ozone have these people depleted?

Update: Yes to Democracy also carries news on the March 24 action by Judge Robertson.  When do the denialists finally wake up, smell the coffee, smell the stale beer cans, pinch themselves, take a shower and get on with life?  So, to sum up:  A judge in Washington, D.C., has dismissed the suit and called the bluff of the plaintiffs and stealth plaintiffs; Huffington Post revealed the financial stake of WorldNet Daily in continuing to finance the suits, and in pushing the suits improperly; and a federal prosecutor won an indictment of a blogger who started rumbling about taking violent action in favor of the Birthers, and who failed to heed warnings to tone down his vitriol.  Have the birthers figured it out yet?

Tip of the old scrub brush to Micah.

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