School issued computers as spy devices

February 20, 2010

Anyone with a school-issued computer ought to check it over, now.  And maybe put a towel over the thing.  Unplug it, and take the battery out.

And, oh, do I wish I had an AP Government class to discuss this with!

Did you hear the one about Lower Merion, Pennsylvania, school officials spying on students’ bedrooms?

Good discussion at the Volokh Conspiracy:  “Big Teacher Is Watching You?

According to the Complaint in Robbins v. Lower Merion School District (filed a week ago),

2. Unbeknownst to [high school students and their parents], and without their authorization, [high school officials] have been spying on the activities of [the students] by Defendants’ indiscrimina[te] use of and ability to remotely activate the webcams incorporated into each laptop issued to students by the School District….23…. Plaintiffs were for the first time informed of [this] capability and practice by the School District when … an Assistant Principal at Harriton High School[] informed minor Plaintiff that the School District was of the belief that minor Plaintiff was engaged in improper behavior in his home, and cited as evidence a photograph from the webcam embedded in minor Plaintiff’s personal laptop issued by the School District….

24. [The minor Plaintiff’s father] thereafter verified, through [the Assistant Principal], that the School District in fact has the ability to remotely activate the webcam contained in a students’ personal laptop computer issued by the School District at any time it chose and to view and capture whatever images were in front of the webcam, all without the knowledge, permission or authorization of any persons then and there using the laptop computer.

If this was indeed done, and if it was done without adequately notifying the students and their parents, this was clearly tortious, likely a violation of the Fourth Amendment, and possibly a statutory violation as well (though I haven’t looked closely at the statutory details). It is also appalling — school officials spying on children in their parents’ homes without the children’s and parents’ permission. Who thinks up such things?

Who thinks them up, and can we get them to wear a badge so we know they’re not in our school?

Ed Brayton’s Dispatches from the Culture Wars already is on the story — a few good comments there.

A statement from the Lower Merion School District generally ignores the specifics of the allegations in the case, and claims that the monitoring of the self-contained web-cams was done only when a computer was reported stolen.  In the complaint, the plaintiffs allege that a student was reprimanded for behaviors caught on the camera, while the student was at home.  The statement is very much what we would expect from a rich district caught doing something wrong after getting better advice from their attorneys than they thought they needed before they did the wrong thing.

An Associated Press story (here in the Washington Post) said the FBI has opened an investigation into whether school officials violated anti-wiretapping laws.

The suit filed is a civil suit.  Assuming its allegations to be correct, I think the plaintiffs may want to add RICO sections to the complaint.  Under the Racketeer-Influenced and Corrupt Organizations Act a pattern of practices like illegal use of the webcams could easily be evidence to trigger RICO  penalties, which included treble damages.  Such a charge would also scare the textbooks out of school officials thinking they might want to do this in the future.

Comments at the Volokh Conspiracy, Dispatches from the Culture Wars, and in the AP story in the WaPo all raised the spectre of child pornography.  If the computers caught images of children in their bedrooms, it might automatically qualify as child porn — and this would greatly complicate the case, and ramp up the noise surrounding it.

School districts who issue laptops to students, or teachers, should review the story and their own procedures and regulations.

Also:


Encore post: Lunch and civil rights

February 1, 2010

Today is the 50th anniversary of the Greensboro sit-in.  Be sure to read Howell Raines’ criticism of news media coverage of civil rights issues in today’s New York Times:  “What I am suggesting is that the one thing the South should have learned in the past 50 years is that if we are going to hell in a handbasket, we should at least be together in a basket of common purpose.”

Four young men turned a page of history on February 1, 1960, at a lunch counter in a Woolworth’s store in Greensboro, North Carolina.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond, sat down at the counter to order lunch.  Because they were African Americans, they were refused service.  Patiently, they stayed in their seats, awaiting justice.

On July 25, nearly six months later, Woolworth’s agreed to desegregate the lunch counter.

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record)

Ezell A. Blair, Jr. (now Jibreel Khazan), Franklin E. McCain, Joseph A. McNeil, and David L. Richmond leave the Woolworth store after the first sit-in on February 1, 1960. (Courtesy of Greensboro News and Record) (Smithsonian Institution)

News of the “sit-in” demonstration spread.  Others joined in the non-violent protests from time to time, 28 students the second day, 300 the third day, and some days up to 1,000.   The protests spread geographically, too, to 15 cities in 9 states.

On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)

Smithsonian caption: "On the second day of the Greensboro sit-in, Joseph A. McNeil and Franklin E. McCain are joined by William Smith and Clarence Henderson at the Woolworth lunch counter in Greensboro, North Carolina. (Courtesy of Greensboro News and Record)"

Part of the old lunch counter was salvaged, and today is on display at the Smithsonian Institution’s Museum of American History.  The museum display was the site of celebratory parties during the week of the inauguration as president of Barack Obama.

Part of the lunchcounter from the Woolworths store in Greensboro, North Carolina, is now displayed at the Smithsonians Museum of American History, in Washington, D.C.

Part of the lunchcounter from the Woolworth's store in Greensboro, North Carolina, is now displayed at the Smithsonian's Museum of American History, in Washington, D.C.

Notes and resources:


Encore post: Rosa Parks, December 1, 1955

December 1, 2009

Rosa Parks being fingerprinted, Library of Congress

Rosa Parks: “Why do you push us around?”

Officer: “I don’t know but the law is the law and you’re under arrest.”

From Rosa Parks with Gregory J. Reed, Quiet Strength
(Grand Rapids, MI: Zondervan Pub. House, 1994), page 23.

Photo: Mrs. Parks being fingerprinted in Montgomery, Alabama; photo from New York World-Telegram & Sun Collection, Library of Congress

Today in History at the Library of Congress states the simple facts:

On the evening of December 1, 1955, Rosa Parks, an African American, was arrested for disobeying an Alabama law requiring black passengers to relinquish seats to white passengers when the bus was full. Blacks were also required to sit at the back of the bus. Her arrest sparked a 381-day boycott of the Montgomery bus system and led to a 1956 Supreme Court decision banning segregation on public transportation.

Rosa Parks made a nearly perfect subject for a protest on racism. College-educated, trained in peaceful protest at the famous Highlander Folk School, Parks was known as a peaceful and respected person. The sight of such a proper woman being arrested and jailed would provide a schocking image to most Americans. Americans jolted awake.

Often lost in the retelling of the story are the threads that tie together the events of the civil rights movement through the 1940s, 1950s and 1960s. As noted, Parks was a trained civil rights activist. Such training in peaceful and nonviolent protest provided a moral power to the movement probably unattainable any other way. Parks’ arrest was not planned, however. Parks wrote that as she sat on the bus, she was thinking of the tragedy of Emmet Till, the young African American man from Chicago, brutally murdered in Mississippi early in 1955. She was thinking that someone had to take a stand for civil rights, at about the time the bus driver told her to move to allow a white man to take her seat. To take a stand, she remained seated. [More below the fold]

Read the rest of this entry »


David Barton vs. reality, manners, and scholarship

October 7, 2009

As expected, people are finding historical and other errors in David Barton’s critique of the Texas social studies standards.

I noted this in a comment at Texas Freedom Network’s blog, The Insider:

This isn’t exactly an error, but it creeps me out.  Barton goes on at length about  incorporating the views of  a scholar of economics — but he never names the guy, and Barton seems overly affected and concerned about the guy’s residence and Jewishness.

See the section of Barton’s report talking about free enterprise (page 7). The real experts, the social studies teachers and professors whose work the Board appears to have rejected, suggested bringing the economic discussion into the 21st century and use “capitalism” instead of “free enterprise.” This would make the Texas curriculum correlate with the studies in the area done by social scientists, especially economists, and more accurately and precisely describe the system.

That is one reason given for rejecting their work, that the Board doesn’t want to mention capitalism. They don’t want to call capitalism by the name economists use.

But look at Barton’s suggestion. He veers off on a tangent about ethics in capitalism — I would venture that Barton never took any economics courses he can remember, and he’s never read Adam Smith, judging from the nature of his complaint (ethics is very much a discussion in economics). But it just gets weird. He refers to a paper, without citation, by a “Jewish economist” in the “Pacific Northwest.”

Barton doesn’t name the paper. He doesn’t say where it was published, nor offer any other citation by which it might be tracked down. Most creepily, he keeps referring to the “Jewish economist” as if his faith or ethnic background has any relevance, without ever naming the guy.

That isn’t scholarship. He almost makes a good point, but any valuable point is completely overcome by the bigoted lack of scholarship, the mere convention of naming the author of the paper and offering a citation.

Expert? No, certainly not in manifestation. That’s just creepy.

Here is the section I’m talking about:

Comment D: Free-Enterprise & Capitalism
Throughout the TEKS, the term “free enterprise” has been followed by the parenthetical “(free market, capitalism)”.By including the terms capitalism and free-market as synonyms for free-enterprise, perhaps it is now time to consider the merits of an observation concerning capitalism raised by a Jewish economist in the Pacific Northwest.

In previous generations, capitalism and the free-market system was universally operated on the unstated but unanimously assumed foundation of general societal virtue – there was a general set of assumed values and ethics that remained at the basis of transactions.

For example, to this day we assume that when a waiter brings us a glass of water that he did not spit in it before he delivered it to us. We assume that when we get the oil in our car changed that the mechanic actually changed the oil rather than just put a new sticker on the windshield. We make many Golden Rule type assumptions in the operation of the free-market system of capitalism.

When these general societal principles of ethics and morality are observed, the Free Enterprise System works as it should; but when these principles are ignored, the FreeEnterprise System breaks down and produces Bernie Madoff, Kenneth Lay, Jeffrey Skilling, Dennis Kozlowski, John Rigas, Joe Nacchio, Gregory Reyes, James McDermott, Sam Waskal, Sam Israel, Bernie Ebbers, and many others recently convicted of fraud, theft, corruption, and other white collar crimes that bilked clients of billions of dollars. The traditional Free Market System will not operate properly if the guiding premise is the egocentric Machiavellian principle that the end justifies the means.

We are now at a point in our history where we can no longer assume that the previously universally understood ethical basis of the Free Enterprise System will still be observed, understood, or embraced. Therefore, the Jewish economist in the Pacific Northwest has proffered that rather than using “Capitalism,” we instead begin using the term “Ethical Capitalism,” for it captures the historical import of the system and identifies an underlying principle without which the free-enterprise system will not work.
Therefore, I recommend that when we have the phrase “free enterprise (free market, capitalism)” that we instead consider using “free enterprise (free market, ethical capitalism).” It is an accurate recognition of what is one of the unspoken but indispensable elements of the free enterprise system. This change also reinforces the long-standing premise of political philosophers across the centuries that the continuation of a republic is predicated upon an educated and a virtuous citizenry.

Who is he talking about?  What is he talking about?

More information:

  • Steve Schaffersman, the intrepid force behind Texas Citizens for Science, has a longer exposé of Barton’s odd claims and work to frustrate accurate history in Texas at Schaffersman’s Houston Chronicle hosted blog, EvoSphere.  It’s well worth the read, just to see how intricately bizarre and erroneous Barton can be about simple facts of history, and how Barton chooses to misinterpret the Constitution, especially the First Amendment, and how he exaggerates little facts of history into gross distortions of the American story.  I regret I failed to note this article here, in the first edition.
  • Hey, also check out Steve’s other posts on the most recent SBOE meetings, here, and here.

David Horsey can’t draw that, can he?

August 27, 2009

Sometimes the only bastion of sanity on the editorial pages is the editorial cartoon.  David Horsey at the Seattle Post-Intelligencer has good one’s all the time, and especially over the past few weeks of the Congressional recess.

But, did the P-I actually print* this one?

Cartoon by David Horsey, Seattle Post-Intelligencer, copyright 2009

Cartoon by David Horsey, Seattle Post-Intelligencer, copyright 2009; August 22, 2009

Cartoon by David Horsey, August 22, 2009, <em>Seattle Post-Intelligencer</em> (on-line); Copyright to Seattle P-I and David Horsey.

Cartoon by David Horsey, August 22, 2009, Seattle Post-Intelligencer (on-line); Copyright to Seattle P-I and David Horsey.

Well, of course they didn’t actually print it . . . publish?  post?  release?

Special tip of the old scrub brush to Blue Ollie, who reposted this cartoon and thereby preserved the image.


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:


Quote of the Moment: George Washington, “to bigotry, no sanction”

August 17, 2009

August 17, 1790, found U.S. President George Washington traveling the country, in Newport, Rhode Island.

Washington met with “the Hebrew Congregation” (Jewish group), and congregation leader (Rabbi?) Moses Seixas presented Washington with an address extolling Washington’s virtues, and the virtues of the new nation.  Seixas noted past persecutions of Jews, and signalled a hopeful note:

Deprived as we heretofore have been of the invaluable rights of free citizens, we now (with a deep sense of gratitude to the Almighty disposer of all events) behold a government erected by the Majesty of the People–a Government which to bigotry gives no sanction, to persecution no assistance, but generously affording to All liberty of conscience and immunities of Citizenship, deeming every one, of whatever Nation, tongue, or language, equal parts of the great governmental machine.

George Washingtons reply to the Newport, RI, Hebrew congregation, August 17, 1790 - Library of Congress image

George Washington's reply to the Newport, RI, "Hebrew congregation," August 17, 1790 - Library of Congress image

President Washington responded with what may be regarded as his most powerful statement in support of religious freedom in the U.S. — and this was prior to the ratification of the First Amendment:

It is now no more that toleration is spoken of as if it was the indulgence of one class of people that another enjoyed the exercise of their inherent natural rights. For happily, the government of the United States, which gives to bigotry no sanction, to persecution no assistance, requires only that they who live under its protection should demean themselves as good citizens, in giving it on all occasions their effectual support.

Below the fold, more history of the events and religious freedom, from the Library of Congress.

Read the rest of this entry »


Obama on health care: With an eye and an ear to history; with heart to those who hurt

August 16, 2009

Did you catch Obama’s op-ed in the New York Times yesterday?

OUR nation is now engaged in a great debate about the future of health care in America.

Of what famous speech does that line remind you?

Obama is looking to past presidents’ efforts to push legislation, too — learning from the failures and hoping not to repeat (think Wilson and the campaign to ratify the Treaty of Versailles), learning from successes and hoping to expand (think of Lyndon Johnson and the creation of grants to college students).

Mostly, Obama’s hoping to give a boost to health care reform efforts slowed by the vicious, false rumor campaign against it.

See what Obama himself wrote, below the fold.

Read the rest of this entry »


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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NBC on the Obama birth certificate issue

July 23, 2009

Embedding the video from NBC escapes me — but go here to see NBC’s four-minute report on the Obama birth certificate crazies.

Here’s the full video of the BCOs going crazy at a Congressman’s town meeting.

It’s really a form of mass hysteria, isn’t it?

For months the birthers, or Birth Certificate Obsessed (BCOs), have pleaded for mainstream media to take a look at this issue.  NBC did just that.

Is it any surprise that this morning the crazies say “NBC lied?”

BCOs fell hard to the hoax about Obama not being eligible, and now they deny all evidence that they fell for a hoax.

BCOs/birthers?  Can we have our country back, now that you’re done?

Other notes:

Be sure to see earlier material here at Millard Fillmore’s Bathtub:

Here’s a large dose of facts, including David Maraniss’s article in the Washington Post about Obama’s early life.  Note that it describes details that would be impossible to fake, were the story not accurate:

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Zachary Taylor’s death, and Millard Fillmore’s ascendance to the presidency — in detail

July 17, 2009

Elektratig recounts President Zachary Taylor’s death, and Millard Fillmore’s swearing in as the 13th president, in deeper and more interesting detail than I had.

Bookmark that site, social studies teachers: It’s a great site for details on Millard Fillmore that your students won’t find easily anywhere else — and on Zachary Taylor, and on politics and history in general in the two decades prior to the Civil War.  Go see:  “Zachary Taylor is no more!”


Domestic terrorism in the U.S.

June 4, 2009

This is terrorism, isn’t it?  What definition of terrorism would leave this out?


Domestic terrorists kill again, in Kansas

May 31, 2009

Bulletin from NPR:  A physician in Kansas who provided abortion services was murdered at his church today.

George Tiller was gunned down at Reformation Lutheran Church in Wichita.

This sort of terrorism has been wonderfully absent from American of late.

Update:  Suspect captured.  News conference at 4:00 p.m. Central.


10 things about Judge Sonia Sotomayor

May 27, 2009

Those people over at MoveOn.org move quickly:

Ten Things To Know About Judge Sonia Sotomayor

  1. Judge Sotomayor would bring more federal judicial experience to the bench than any Supreme Court justice in 100 years. Over her three-decade career, she has served in a wide variety of legal roles, including as a prosecutor, litigator, and judge.
  2. Judge Sotomayor is a trailblazer. She was the first Latina to serve on the Court of Appeals for the Second Circuit and was the youngest member of the court when appointed to the District Court for the Southern District of New York. If confirmed, she will be the first Hispanic to sit on the U.S. Supreme Court.
  3. While on the bench, Judge Sotomayor has consistently protected the rights of working Americans, ruling in favor of health benefits and fair wages for workers in several cases.
  4. Judge Sotomayor has shown strong support for First Amendment rights, including in cases of religious expression and the rights to assembly and free speech.
  5. Judge Sotomayor has a strong record on civil rights cases, ruling for plaintiffs who had been discriminated against based on disability, sex and race.
  6. Judge Sotomayor embodies the American dream. Born to Puerto Rican parents, she grew up in a South Bronx housing project and was raised from age nine by a single mother, excelling in school and working her way to graduate summa cum laude from Princeton University and to become an editor of the Law Journal at Yale Law School.
  7. In 1995, Judge Sotomayor “saved baseball” when she stopped the owners from illegally changing their bargaining agreement with the players, thereby ending the longest professional sports walk-out in history.
  8. Judge Sotomayor ruled in favor of the environment in a case of protecting aquatic life in the vicinity of power plants in 2007, a decision that was overturned by the Roberts Supreme Court.
  9. In 1992, Judge Sotomayor was confirmed by the Senate without opposition after being appointed to the bench by George H.W. Bush.
  10. Judge Sotomayor is a widely respected legal figure, having been described as “…an outstanding colleague with a keen legal mind,” “highly qualified for any position in which wisdom, intelligence, collegiality and good character would be assets,” and “a role model of aspiration, discipline, commitment, intellectual prowess and integrity.”

Sources for each of the 10 things:

1. White House Statement, May 26, 2009.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=1

2. White House Statement, May 26, 2009.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=2

3. Cases: Archie v. Grand Cent. Partnership, 997 F. Supp. 504 (S.D.N.Y. 1998) and Marcella v. Capital Dist. Physicians’ Health Plan, Inc., 293 F.3d 42 (2d Cir. 2002).

4. Cases: Flamer v. White Plains, 841 F. Supp. 1365 (S.D.N.Y. 1993), Ford v. McGinnis, 352 F.3d 382 (2d Cir. 2003), and Campos v. Coughlin, 854 F. Supp. 194 (S.D.N.Y. 1994).

5a. “Sotomayor’s Notable Court Opinions and Articles,” The New York Times, May 26, 2009.
http://www.moveon.org/r?r=51454&id=16226-5763840-nrcJckx&t=3

5b. Cases: Bartlett v. N.Y. State Board, 970 F. Supp. 1094 (S.D.N.Y. 1997), Greenbaum v. Svenska Hendelsbanken, 67 F.Supp.2d 228 (S.D.N.Y. 1999), Raniola v. Bratton, 243 F.3d 610 (2d Cir. 2001), and Gant v. Wallingford Board of Education, 195 F.3d 134 (2d Cir. 1999).

6. “Sonia Sotomayor: 10 Things You Should Know,” The Huffington Post, May 26, 2009.
http://www.moveon.org/r?r=51452&id=16226-5763840-nrcJckx&t=4

7. “How Sotomayor ‘Saved’ Baseball,” Time, May 26, 2009.
http://www.moveon.org/r?r=51455&id=16226-5763840-nrcJckx&t=5

8. “Sotomayor’s resume, record on notable cases,” CNN, May 26, 2009.
http://www.moveon.org/r?r=51453&id=16226-5763840-nrcJckx&t=6

9. “Sotomayor’s resume, record on notable cases,” CNN, May 26, 2009.
http://www.moveon.org/r?r=51453&id=16226-5763840-nrcJckx&t=7

10a. Judge Richard C. Wesley, a George W. Bush appointee to the Second Circuit.
http://www.moveon.org/r?r=51451&id=16226-5763840-nrcJckx&t=8

10b. “Sotomayor is Highly Qualified,” The Wall Street Journal, May 9, 2009.
http://www.moveon.org/r?r=51456&id=16226-5763840-nrcJckx&t=9

10c. Honorary Degree Citation, Pace University School of Law, 2003 Commencement.

  • Judge Sotomayor is a widely respected legal figure, having been described as “…an outstanding colleague with a keen legal mind,” “highly qualified for any position in which wisdom, intelligence, collegiality and good character would be assets,” and “a role model of aspiration, discipline, commitment, intellectual prowess and integrity.”ere are the sources for the ten statements: