Glendale city finances could be nearing steep cliff
By Paul Giblin The Republic | azcentral.com Wed Apr 17, 2013 8:59 AM
The mostly new Glendale City Council is contending with a mostly old problem. The city’s financial position has been on a downward slope for years.
In an effort to offset declines in tax revenues, the state’s fifth-largest city has nearly chewed through its financial reserves while it has shed employees and cut services.
Yet, according to the city’s projections, its financial position is about to get far worse.
According to current forecasts, the city will have $3.4 million in reserve in the general fund at the end of fiscal 2014. Without serious restructuring, by 2015 the city would be $3.8 million in the red, and by 2018, the city would have a $20.3 million shortfall.
One option city bookkeepers recommend is to make $3.5 million in cuts for the fiscal year opening in July, followed by $10.8 million in reductions for 2015, and an additional $8.2 million in cuts in 2018.
The seven-member council, with its four new members, is trying to determine how to shape a budget that will keep enough police on patrol and parks in good repair.
But those goals seemed to border on unachievable during an opening series of budget workshops in recent weeks.
If all goes as scheduled, the council will offer a draft of the 2014 budget and a 10-year capital-improvement plan May 28, then authorize a final budget June 11.
Glendale’s financial experts project the city to finish the current fiscal year with an $11.4 million reserve in the general fund.
Ending with any savings, or a reserve, in 2014 requires $3.5 million in reduced spending that would be accomplished by eliminating vacant positions and related costs, Financial Services Executive Director Sherry Schurhammer told the council.
With those cuts and deeper ones recommended by staff, the city could build its reserve to nearly $20 million by fiscal 2018.
Without changes, the city’s financial position is set to become particularly grim in 2018, because that year marks the first year without revenue from a current, but temporary sales tax.
“What I want to make clear here — or hope I’m making clear — is that this ongoing structural operating deficit exists even if that sales tax does not sunset, because you’ve got this negative fund balance,” she said March 27.
The general fund is important because it’s the city’s largest operating fund and it supports the widest range of programs, she said.
The city’s financial position is headed downward because municipal spending patterns were based on prerecession tax collections, and spending was not reduced enough to keep pace as tax collections tapered off during the recession, Schurhammer said.
Most city departments have reduced spending by letting vacant positions remain unfilled in recent years, but those efforts aren’t enough to balance the books, she said.
The heads of most municipal departments told council members that staffing cuts already have cut into their programs.
Acting Police Chief Debby Black and Fire Chief Mark Burdick told council members that they have run out of ways to cover the staffing cuts by adjusting employees’ work schedules and assignments. Both departments need more employees, they said.
Likewise, the number of positions in the Community and Economic Development Department has fallen from 78.5 in 2009 to 39.8 this year, according to city records. Projections call for the department to lose three more positions next year.
Yet the city’s economic development officials are handling more business prospects than they have in years, Executive Director Brian Friedman said.
In addition to anticipated budget expenses across the city, council members are expected to consider an array of new expenses in coming weeks. Among them:
Payments to the potential new owners of the Phoenix Coyotes or a separate management firm to operate Jobing.com Arena. Next year’s budget assumes the city could pay an arena manager $6.5 million.
Funding air-traffic controllers at Glendale Municipal Airport beginning in June when the federal government discontinues the service.
Securing permanent parking and perhaps even building a parking garage around University of Phoenix Stadium.
Possible pay raises or cost-of-living adjustments for city employees, whose pay has been frozen for years.
Criminalizing Children at School
Of course the real solution is to get rid of the government schools and replace them with private schools which are accountable to the parents and children, not government bureaucrats and unions.
Basically the government schools have become a jobs program for teachers, administrators, and cops and are run for the sake of the teachers, administrators, cops and unions, not the parents and children.
Now the cops seems to want to use recent shootings to turn the schools into a bigger jobs program for police officers. And this article addresses some of that.
I suspect that Congresswoman Kyrsten Sinema is a big fan of turning our
schools into a job program for cops, because after all in every election I have
seen Congresswoman Kyrsten Sinema has gotten the endorsement of the
police unions, so she probably supports jobs programs for cops like this is.
Source
Criminalizing Children at School
By THE EDITORIAL BOARD
Published: April 18, 2013 13 Comments
The National Rifle Association and President Obama responded to the Newtown, Conn., shootings by recommending that more police officers be placed in the nation’s schools. But a growing body of research suggests that, contrary to popular wisdom, a larger police presence in schools generally does little to improve safety. It can also create a repressive environment in which children are arrested or issued summonses for minor misdeeds — like cutting class or talking back — that once would have been dealt with by the principal.
Stationing police in schools, while common today, was virtually unknown during the 1970s. Things began to change with the surge of juvenile crime during the ’80s, followed by an overreaction among school officials. Then came the 1999 Columbine High School shooting outside Denver, which prompted a surge in financing for specially trained police. In the mid-1970s, police patrolled about 1 percent of schools. By 2008, the figure was 40 percent.
The belief that police officers automatically make schools safer was challenged in a 2011 study that compared federal crime data of schools that had police officers with schools that did not. It found that the presence of the officers did not drive down crime. The study — by Chongmin Na of The University of Houston, Clear Lake, and Denise Gottfredson of the University of Maryland — also found that with police in the buildings, routine disciplinary problems began to be treated as criminal justice problems, increasing the likelihood of arrests.
Children as young as 12 have been treated as criminals for shoving matches and even adolescent misconduct like cursing in school. This is worrisome because young people who spend time in adult jails are more likely to have problems with law enforcement later on. Moreover, federal data suggest a pattern of discrimination in the arrests, with black and Hispanic children more likely to be affected than their white peers.
In Texas, civil rights groups filed a federal complaint against the school district in the town of Bryan. The lawyers say African-American students are four times as likely as other students to be charged with misdemeanors, which can carry fines up to $500 and lead to jail time for disrupting class or using foul language.
The criminalization of misbehavior so alarmed the New York City Council that, in 2010, it passed the Student Safety Act, which requires detailed police reports on which students are arrested and why. (Data from the 2011-12 school year show that black students are being disproportionately arrested and suspended.)
Some critics now want to require greater transparency in the reporting process to make the police even more forthcoming. Elsewhere in the country, judges, lawmakers and children’s advocates have been working hard to dismantle what they have begun to call the school-to-prison pipeline.
Given the growing criticism, districts that have gotten along without police officers should think twice before deploying them in school buildings.
U.S. uses the Bible as “an excuse for invading other countries.”
Tamerlan Tsarnaev - the U.S. uses the Bible as “an excuse for invading other countries.”
While I think it is wrong to murder innocent people like the people that planted the bombs in the Boston Marathon, I think that Tamerlan Tsarnaev quote is correct.
If the American government would stop terrorizing people in other countries these terrorist acts would stop overnight.
Also from this quote it sounds like the American police force have a double standard of justice.
They seem to think it's OK to flush our Constitutional rights down the toilet to help them catch
alleged criminals.
U.S. officials said a special interrogation team for high-value suspects
would question him without reading him his Miranda rights
Sorry guys, our Constitutional rights are there to protect us from government tyrants,
like the police involved in the arrest and questioning of Dzhokhar Tsarnaev.
Source
Final shootout, then Boston bombing suspect caught
Associated Press Sat Apr 20, 2013 7:26 AM
WATERTOWN, Mass. — For just a few minutes, it seemed as if the dragnet that had shut down a metropolitan area of millions while legions of police went house to house looking for the suspected Boston Marathon bomber had failed.
Weary officials lifted a daylong order that had kept residents in their homes, saying it was fruitless to keep an entire city locked down. Then one man emerged from his home and noticed blood on the pleasure boat parked in his backyard. He lifted the tarp and found the wounded 19-year-old college student known the world over as Suspect No. 2.
Soon after that, the 24-hour drama that paralyzed a city and transfixed a nation was over.
Dzhokhar Tsarnaev’s capture touched off raucous celebrations in and around Boston, with chants of “USA, USA” as residents flooded the streets in relief and jubilation after four tense days since twin explosions ripped through the marathon’s crowd at the finish line, killing three people and wounding more than 180.
Will cops torture Boston Marathon bombing suspect to get answers???
The 19-year-old — whose older brother and alleged accomplice was killed earlier Friday morning in a wild shootout in suburban Boston — was in serious condition Saturday at a hospital protected by armed guards, and he was unable to be questioned to determine his motives. U.S. officials said a special interrogation team for high-value suspects would question him without reading him his Miranda rights, invoking a rare public safety exception triggered by the need to protect police and the public from immediate danger.
President Barack Obama said there are many unanswered questions about the Boston bombings, including whether the two men had help from others. He urged people not to rush judgment about their motivations.
Dzhokhar and his brother, 26-year-old Tamerlan Tsarnaev, were identified by authorities and relatives as ethnic Chechens from southern Russia who had been in the U.S. for about a decade and were believed to be living in Cambridge, just outside Boston. Tamerlan Tsarnaev died early in the day of gunshot wounds and a possible blast injury. He was run over by his younger brother in a car as he lay wounded, according to investigators.
During a long night of violence Thursday and into Friday, the brothers killed an MIT police officer, severely wounded another lawman during a gun battle and hurled explosives at police in a desperate getaway attempt, authorities said.
Late Friday, less than an hour after authorities lifted the lockdown, they tracked down the younger man holed up in the boat, weakened by a gunshot wound after fleeing on foot from the overnight shootout with police that left 200 spent rounds behind.
The resident who spotted Dzhokhar Tsarnaev in his boat in his Watertown yard called police, who tried to persuade the suspect to get out of the boat, said Boston Police Commissioner Ed Davis.
“He was not communicative,” Davis said.
Instead, he said, there was an exchange of gunfire — the final volley of one of the biggest manhunts in American history.
The violent endgame unfolded just a day after the FBI released surveillance-camera images of two young men suspected of planting the pressure-cooker explosives at the marathon’s finish line, an attack that put the nation on edge for the week.
Watertown residents who had been told Friday morning to stay inside behind locked doors poured out of their homes and lined the streets to cheer police vehicles as they rolled away from the scene.
Celebratory bells rang from a church tower. Teenagers waved American flags. Drivers honked. Every time an emergency vehicle went by, people cheered loudly.
“They finally caught the jerk,” said nurse Cindy Boyle. “It was scary. It was tense.”
Police said three other people were taken into custody for questioning at an off-campus housing complex at the University of the Massachusetts at Dartmouth where the younger man may have lived.
“Tonight, our family applauds the entire law enforcement community for a job well done, and trust that our justice system will now do its job,” said the family of 8-year-old Martin Richard, who died in the bombing.
Queries cascaded in after authorities released the surveillance-camera photos — the FBI website was overwhelmed with 300,000 hits per minute — but what role those played in the overnight clash was unclear. State police spokesman Dave Procopio said police realized they were dealing with the bombing suspects based on what the two men told a carjacking victim during their night of crime.
The search by thousands of law enforcement officers all but shut down the Boston area for much of the day. Officials halted all mass transit, including Amtrak trains to New York, advised businesses not to open and warned close to 1 million people in the city and some of its suburbs to unlock their doors only for uniformed police.
Around midday, the suspects’ uncle, Ruslan Tsarni of Montgomery Village, Md., pleaded on television: “Dzhokhar, if you are alive, turn yourself in and ask for forgiveness.”
Until the younger man’s capture, it was looking like a grim day for police. As night fell, they announced that they were scaling back the hunt and lifting the stay-indoors order across the region because they had come up empty-handed.
But then the break came and within a couple of hours, the search was over. Dzhokhar Tsarnaev was captured about a mile from the site of the shootout that killed his brother.
A neighbor described how heavily armed police stormed by her window not long after the lockdown was lifted — the rapid gunfire left her huddled on the bathroom floor on top of her young son.
“I was just waiting for bullets to just start flying everywhere,” Deanna Finn said.
When at last the gunfire died away and Dzhokhar Tsarnaev was taken from the neighborhood in an ambulance, an officer gave Finn a cheery thumbs-up.
“To see the look on his face, he was very, very happy, so that made me very, very happy,” she said.
Authorities said the man dubbed Suspect No. 1 — the one in sunglasses and a dark baseball cap in the surveillance-camera pictures — was Tamerlan Tsarnaev, while Suspect No. 2, the one in a white baseball cap worn backward, was his younger brother.
Chechnya, where the brothers grew up, has been the scene of two wars between Russian forces and separatists since 1994, in which tens of thousands were killed in heavy Russian bombing. That spawned an Islamic insurgency that has carried out deadly bombings in Russia and the region, although not in the West.
U.S. uses the Bible as “an excuse for invading other countries.”
The older brother had strong political views about the United States, said Albrecht Ammon, 18, a downstairs-apartment neighbor in Cambridge. Ammon quoted Tsarnaev as saying that the U.S. uses the Bible as “an excuse for invading other countries.”
Also, the FBI interviewed the older brother at the request of a foreign government in 2011, and nothing derogatory was found, according to a federal law enforcement official who was not authorized to discuss the case publicly and spoke on condition of anonymity.
The official did not identify the foreign country or say why it made the request.
Exactly how the long night of crime began was unclear. But police said the brothers carjacked a man in a Mercedes-Benz in Cambridge, just across the Charles River from Boston, then released him unharmed at a gas station.
They also shot to death a Massachusetts Institute of Technology police officer, 26-year-old Sean Collier, while he was responding to a report of a disturbance, investigators said.
The search for the Mercedes led to a chase that ended in Watertown, where authorities said the suspects threw explosive devices from the car and exchanged gunfire with police. A transit police officer, 33-year-old Richard Donohue, was shot and critically wounded, authorities said.
Dzhokhar Tsarnaev ran over his already wounded brother as he fled, according to two law enforcement officials who spoke on condition of anonymity because they were not authorized to discuss the investigation. At some point, he abandoned his car and ran away on foot.
The brothers had built an arsenal of pipe bombs, grenades and improvised explosive devices and used some of the weapons in trying to make their getaway, said Rep. Dutch Ruppersberger, D-Md., a member of the House Intelligence Committee.
Watertown resident Kayla Dipaolo said she was woken up overnight by gunfire and a large explosion that sounded “like it was right next to my head … and shook the whole house.”
“It was very scary,” she said. “There are two bullet holes in the side of my house, and by the front door there is another.”
Tamerlan Tsarnaev had studied accounting as a part-time student at Bunker Hill Community College in Boston for three semesters from 2006 to 2008, the school said. He was married with a young daughter.
Dzhokhar Tsarnaev was registered as a student at the University of Massachusetts Dartmouth. Students said he was on campus this week after the Boston Marathon bombing. The campus closed down Friday along with colleges around the Boston area.
The men’s father, Anzor Tsarnaev, said in a telephone interview with the AP from the Russian city of Makhachkala that his younger son, Dzhokhar, is “a true angel.” He said his son was studying medicine.
“He is such an intelligent boy,” the father said. “We expected him to come on holidays here.”
A man who said he knew Dzhokhar Tsarnaev and Krystle Campbell, the 29-year-old restaurant manager killed in Monday’s bombing, said he was glad Dzhokhar had survived.
“I didn’t want to lose more than one friend,” Marvin Salazar said.
“Why Jahar?” he asked, using Tsarnaev’s nickname. “I want to know answers. That’s the most important thing. And I think I speak for almost all America. Why the Boston Marathon? Why this year? Why Jahar?”
Two years ago, the city of Cambridge awarded Dzhokhar Tsarnaev a $2,500 scholarship. At the time, he was a senior at Cambridge Rindge & Latin School, a highly regarded public school whose alumni include Matt Damon, Ben Affleck and NBA Hall of Famer Patrick Ewing.
Tsarni, the men’s uncle, said the brothers traveled here together from Russia. He called his nephews “losers” and said they had struggled to settle in the U.S. and ended up “thereby just hating everyone.”
———
Sullivan and Associated Press writers Stephen Braun, Jack Gillum and Pete Yost reported from Washington. Associated Press writers Mike Hill, Katie Zezima, Pat Eaton-Robb and Steve LeBlanc in Boston, Rodrique Ngowi in Watertown, Mass. and Jeff Donn in Cambridge, Mass., contributed to this report.
DUI and "drug war" laws are a jobs program for cops????
Let's face it the government war on liquor, along with the war on drugs is just a jobs program for overpaid cops.
When you’re paying officers $50-$60 an hour
in overtime to make arrests and appear
in court, the cash will be gone in a flash.
And of course the war on DUI also mostly about raising revenue for cities and cops with those $2,000 fines for simple DUI arrest.
Source
Richardson: When will Arizona, cities get serious about alcohol-related crime?
Posted: Thursday, April 18, 2013 9:27 am
Guest Commentary by Bill Richardson
It was no surprise a 20-year-old man was arrested over the weekend for stabbing another man at the Country Thunder music festival in Pinal County. News reports tell of an argument escalating into violence. I’d bet excessive and criminal alcohol consumption played a part in this crime.
Country Thunder is well known for its wild parties, exhibitionism, drunkenness and violence. In 2011 an Arizona Department of Public Safety officer and Pinal County sheriff’s deputy were attacked by a drunken crowd resulting in serious injuries to both officers.
We constantly hear about violent outcomes to citizens encountering drunks and DUI drivers, but police officers contact drunks regularly and get hurt and killed. I can recall four officers, three from Tempe and one from Gilbert, in Tempe being seriously injured and killed. Two were shot — one beaten and another run over after their assailants spent the night drinking to excess at local watering holes and boozefests. Officers from Mesa, DPS, Chandler, Phoenix and other agencies have also fallen victim to criminal alcohol abusers in their communities.
Gov. Jan Brewer’s Office for Highway Safety recently awarded an $80,000 grant to Tempe to the city get a handle on its illegal alcohol activities and related crime. Officials said the money would be used for “DUI enforcement downtown and on streets citywide, including to impact Large Party Liquor Enforcement, enhance existing Covert Underage Buyer Program in partnership with the Arizona Department of Liquor License, Control and Investigations, and limit the purchase of alcohol with fraudulent ID in liquor establishments.”
An amount like $80,000 will no doubt help pay the extra overtime in Tempe’s efforts, but what happens when the money is gone? When you’re paying officers $50-$60 an hour in overtime to make arrests and appear in court, the cash will be gone in a flash.
Will there be thousands for Scottsdale to help them with their booze related problems? What about Pinal County’s annual problems at Country Thunder? Will there be money for DPS and surrounding cities to deal with the problems that are pushed out of Tempe and onto the highways and into other cities? I doubt with Arizona’s budget and federal sequestration there’ll be many more handouts.
What’s going to be done long-term?
Does the Legislature need to make the criminal law violations relating to the liquor law enforcement more police friendly versus liquor industry friendly? Should it be easier for officers to make arrests for serving an intoxicated patron or allowing drunks on the premises? Should using a fake ID card to get alcohol be a more serious crime? What about a “sin tax” on alcoholic beverages and liquor licenses to pay for police to enforce liquor laws, grants for assistance, education and treatment of those with alcohol problems?
Should Arizona return liquor law enforcement to DPS and remove it from the state liquor board that’s run by a political appointee? Currently there are only 10 liquor board officers enforcing laws at 11,000 establishments. Should law enforcement “data mine” DUI arrest reports to look for bars that chronically produce drunk drivers? Police officers collect data on where arrested drivers were drinking but the information mostly sits in files and could be used as part of an intelligence led policing effort to prevent crime and target trouble spots. Bars have long been havens for money laundering, drugs, stolen property and the sex trade and with little or no liquor law enforcement these kinds of crimes have only flourished. Should liquor law enforcement be a higher priority for law enforcement?
There’s no question the criminal use of alcohol in Arizona has contributed to crime.
The question is, does Arizona and its cities really want to get serious about confronting alcohol related crime and the misery it causes?
Retired Mesa master police officer Bill Richardson lives in the East Valley and can be reached at bill.richardson@cox.net.
Sens. Graham, McCain say Tsarnaev should be sent to Guantanamo
Government tyrants always justify their tyrannical rules by saying they will prevent crime.
"The whole aim of practical politics is to keep the populace alarmed (and hence clamorous to be led to safety) by menacing it with an endless series of hobgoblins, all of them imaginary."
H. L. Mencken
And of course the Constitution is there to protect us from tyrants like Senator Lindsey Graham and Senator John McCain
Source
Sens. Graham, McCain say Tsarnaev should be sent to Guantanamo
By Richard A. Serrano
April 20, 2013, 10:33 a.m.
WASHINGTON -- Sens. Lindsey Graham (R-S.C.) and John McCain (R-Ariz.), said Saturday in a joint statement that alleged Boston Marathon bomber Dzhokhar Tsarnaev should be denied a defense attorney and declared an “enemy combatant.”
They added in a statement on Graham's Facebook page, "It is clear the events we have seen over the past few days in Boston were an attempt to kill American citizens and terrorize a major American city.”
The two Republican conservatives have demanded that terror suspects not be Mirandized or tried in federal courts and instead be shipped to the detainee prison on Guantanamo Bay, Cuba.
But the Supreme Court has never said that a U.S. citizen captured on U.S. soil, like Tsarnaev, could be treated as an enemy combatant.
“The accused perpetrators of these acts were not common criminals attempting to profit from a criminal enterprise, but terrorists trying to injure, maim, and kill innocent Americans,” the senators said. “We need to know about any possible future attacks which could take additional American lives. The least of our worries is a criminal trial which will likely be held years from now.
"Under the Law of War we can hold this suspect as a potential enemy combatant not entitled to Miranda warnings or the appointment of counsel. Our goal at this critical juncture should be to gather intelligence and protect our nation from further attacks."
In a separate tweet, Graham added, “The last thing we may want to do is read Boston suspect Miranda Rights telling him to 'remain silent.'"
Tsarnaev was arrested Friday night in Watertown, Mass. He was being held at a local hospital, and a Justice Department official said he likely would be charged later Saturday. Carmen Ortiz, the U.S. Attorney in Boston, invoked a “public safety exemption in cases of national security and potential charges involving acts of terrorism” as a reason not to immediately read him his Miranda rights against self-incrimination.
In 2011, a Justice Department memo expanded the use of the public safety exception in domestic terrorism cases, so that it can be invoked in exceptional circumstances even when there is not an imminent safety threat. The changes were made after a controversy over the handling of the suspect in the Christmas Day 2009 airline bomb attempt, Umar Farouk Abdulmutallab, who was questioned by FBI agents for less than an hour before being read his rights.
The American Civil Liberties Union, meanwhile, said in a statement that “every criminal defendant” is entitled to Miranda rights, noting that Tsarnaev became a naturalized American citizen.
“The public safety exception should be read narrowly. It applies only when there is a continued threat to public safety and is not an open-ended exception to the Miranda rule,” the ACLU said. “Every criminal defendant has a right to be brought before a judge and to have access to counsel. We must not waver from our tried and true justice system, even in the most difficult of times. Denial of rights is un-American and will only make it harder to obtain fair convictions."
F*ck his Constitutional rights, he is a criminal!!!
Well at least that's what the cops seem to be saying about the alleged Boston Marathon bomber Dzhokhar A. Tsarnaev.
Sadly the Bill of Rights is supposed to protect us from those very government tyrants who want to flush his 5th Amendment rights down the toilet.
Of course if you ask me I would tell Mr Dzhokhar A. Tsarnaev to take the 5th and not say a word to the cops. It's his Constitutional right!
Source
Debate Over Delaying of Miranda Warning
By CHARLIE SAVAGE
Published: April 20, 2013
WASHINGTON — The Obama administration’s announcement that it planned to question the Boston Marathon bombing suspect for a period without first reading him the Miranda warning of his right to remain silent and have a lawyer present has revived a constitutionally charged debate over the handling of terrorism cases in the criminal justice system.
The suspect, Dzhokhar A. Tsarnaev, 19, a naturalized American citizen, remained hospitalized on Saturday for treatment of injuries sustained when he was captured by the police on Friday night, and it was not clear whether he had been questioned yet. But the administration’s effort to stretch a gap in the Miranda rule for questioning about immediate threats to public safety in this and other terrorism cases has alarmed advocates of individual rights.
Anthony D. Romero, the executive director of the American Civil Liberties Union, said it would be acceptable for the Federal Bureau of Investigation to ask Mr. Tsarnaev about “imminent” threats, like whether other bombs are hidden around Boston. But he said that once the F.B.I. gets into broader questioning, it must not “cut corners.”
“The public safety exception to Miranda should be a narrow and limited one, and it would be wholly inappropriate and unconstitutional to use it to create the case against the suspect,” Mr. Romero said. “The public safety exception would be meaningless if interrogations are given an open-ended time horizon.”
At the other end of the spectrum, some conservatives have called for treating terrorism-related cases — even those arising on American soil or involving citizens — as a military matter, holding a suspect indefinitely as an “enemy combatant” without a criminal defendants’ rights. Two Republican senators, John McCain of Arizona and Lindsey Graham of South Carolina, called for holding Mr. Tsarnaev under the laws of war, interrogating him without any Miranda warning or defense lawyer.
“Our goal at this critical juncture should be to gather intelligence and protect our nation from further attacks,” they said. “We remain under threat from radical Islam and we hope the Obama administration will seriously consider the enemy combatant option.”
The Miranda warning comes from a 1966 case in which the Supreme Court held that, to protect against involuntary self-incrimination, if prosecutors want to use statements at a trial that a defendant made in custody, the police must first have advised him of his rights. The court later created an exception, allowing prosecutors to use statements made before any warning in response to questions about immediate threats to public safety, like where a gun is hidden.
The question applying those rules in terrorism cases arose after a Nigerian named Umar Farouk Abdulmutallab tried to blow up a Detroit-bound airliner on Dec. 25, 2009. After landing in Michigan, he was given painkillers for burns and confessed to a nurse. He also spoke freely to F.B.I. agents for 50 minutes before going into surgery.
After he awoke, the F.B.I. read Mr. Abdulmutallab the Miranda warning, and he stopped cooperating for several weeks.
Republicans portrayed the Obama administration’s handling of the case in the criminal justice system as endangering national security, setting the template for a recurring debate.
In late January 2010, Mr. Abdulmutallab’s family and lawyer persuaded him to start talking again, and he provided a wealth of further information about Al Qaeda’s branch in Yemen. Later, during pretrial hearings, his lawyers asked a federal judge, Nancy G. Edmunds, to suppress the early statements.
But Judge Edmunds ruled that the statement to the nurse had been voluntary and lucid despite the painkillers, and that the 50-minute questioning was a “fully justified” use of the public safety exception. She declined to suppress the statements, and Mr. Abdulmutallab pleaded guilty and was sentenced to life in prison.
By then, the Justice Department had sent the F.B.I. a policy memo urging agents, when questioning “operational terrorists,” to use a broad interpretation of the public safety exception. The memo asserted that giving the “magnitude and complexity” of terrorism cases, a lengthier delay is permissible, unlike ordinary criminal cases.
“Depending on the facts, such interrogation might include, for example, questions about possible impending or coordinated terrorist attacks; the location, nature and threat posed by weapons that might post an imminent danger to the public; and the identities, locations and activities or intentions of accomplices who may be plotting additional imminent attacks,” it said.
Judge Edmunds’s ruling was seen by the administration as confirmation that its new policy was constitutional — and that it was neither necessary nor appropriate to put domestic cases in military hands.
Stephen Vladeck, an American University law professor, said the middle ground sought by the administration has put both the civil libertarian and national security conservative factions in a bind.
“This is the paradox of progressive national security law, which is how do you at once advocate for the ability of the civilian courts without accepting that some of that includes compromises that are problematic from a civil liberties perspective?” he said. “The paradox is just as true for the right, because they are ardent supporters of things like the public-safety exception, but its existence actually undermines the case for military commissions.”
Phoenix city council bans gun ads at bus stops???
I don't think Kyrsten Sinema was involved in this gun grabbing effort by the
city of Phoenix, but Kyrsten Sinema is a big time gun grabber who would love
to take our guns away from us!!!!
From this article it sounds like the gun grabbers on the Phoenix City Council have banned gun ads at bus stops.
If the Phoenix City Council says the First and Second Amendments are null and void in the city of Phoenix it won't be long before the rest of the Constitution is also null and void in Phoenix.
Source
Unlikely allies in Phoenix pro-gun advertisement case
By Dustin Gardiner The Republic | azcentral.com Sat Apr 20, 2013 10:32 PM
Two prominent legal watchdog groups are teaming up to fight Phoenix’s decision to remove 50 pro-gun advertisements from city bus shelters.
The large posters, which said “Guns Save Lives” and advertised a website for firearm-safety classes, were removed in 2010. Phoenix officials said the signs conveyed a political message, violating its policy against non-commercial advertising on buses and transit stops.
Arizona’s conservative Goldwater Institute has been waging a legal battle to overturn the city’s move, and it recently got a powerful ally in the case: the local chapter of the American Civil Liberties Union.
The seemingly unlikely legal partners say the case has broader implications for free-speech rights in Arizona. They argue the city’s “vague” policy is unconstitutional and allows for censorship.
“It involves the scope of the Arizona Constitution’s grant to all persons of the right to freely speak, write and publish on all subjects,” the ACLU argued in a recent court brief.
The lawsuit stems from a dispute between the city and gun-rights activist Alan Korwin, who manages the website TrainMeAZ.com.
After the 2010 passage of a state law expanding concealed-carry rights, Korwin and other gun-safety instructors created the website and launched the advertising campaign.
Korwin purchased ad space at city bus stops and the controversial posters went up across the city. He said the purpose of the ads was to capture business for the website, which links gun owners to training classes.
But Phoenix officials saw the message of the ads much differently, and the pro-gun posters were removed within days.
They said the ads, which had been installed by a billboard company that contracts with the city, did not have a commercial purpose, as required. City policy does not allow the use of transit ad space for political advertising or public-service announcements.
The ads said “Guns Save Lives” in large writing against the backdrop of a red heart. Below that, also printed in large lettering, were “Arizona Says: Educate Your Kids” and “Train MeAZ.com.” Smaller text promoted the state’s expansive gun-rights laws and the website’s offerings.
Last fall, Maricopa County Superior Court Judge Mark Brain ruled in the city’s favor, stating that the city had created reasonable guidelines for what it will and won’t allow on transit billboards.
“What we want is advertiser’s commercial products that do not get into ideological, political debates as part of the proposed ad,” David Schwartz, an attorney for Phoenix, argued in court. “This is not going to stop (Korwin) from putting the ad, if he wants, anywhere else.”
Korwin and Goldwater are now challenging the ruling in state Appeals Court, and the case is expected to be argued later this year.
Goldwater and ACLU attorneys contend that Phoenix’s ban on non-commercial ads is too broad. They say content-based restrictions on ads should be stopped entirely or, at the least, the city should have a more objective standard.
“The city’s arbitrary decision making is exactly the type of censorship the U.S. and Arizona constitutions forbid,” said Clint Bolick, Goldwater’s vice president for litigation. “This odd-couple alliance between the Goldwater Institute and the ACLU highlights the importance of the case to our fundamental freedoms.”
They are not BRIBES, they are campaign contributions???
Yea, sure, whatever you want to call them they are bribes. In this case legal bribes.
Source
Posted on April 22, 2013 5:30 pm by Laurie Roberts
Legislators slurp up thousands in free food and drink
The numbers are in and I must say, some of our state legislators have quite the appetite… for free food and drink, that is.
According to the Arizona Capitol Times, former Rep. Amanda Reeve, of Phoenix, allowed lobbyists to treat her 58 times during her 2011-12 term, gobbling down $2,851 in refreshments. The Cap Times puts her first on its list of freeloaders. No wonder she lost her re-election bid.
Coming in second was Sen. John McComish of Ahwatukee, who was wined and dined 37 times for a total of $3,357.
Rep. David Gowan of Sierra Vista grabbed the No. 3 spot with 48 dates with lobbyists in which he scored $2,073 worth of free food and drink.
Gowan, a Sierra Vista Republican, defended his intake of freebies, saying he gets lonely when in Phoenix and doesn’t have the cash to pick up the tab.
“I’m looking for free food,” he told the Cap Times. “I get (paid) $24,000 per year … “
Nice.
Rounding out the Cap Times’ Top 10 were Sen. Don Shooter of Yuma, House Speaker Andy Tobin of Prescott Valley, Rep. Jeff Dial of Chandler, Sen. Steve Pierce of Prescott, Rep. Brenda Barton of Payson, Sen. Kimberly Yee of Phoenix and Sen. Al Melvin of Tucson. All 10 are Republicans, the party that runs the joint.
I’m guessing that means they won’t be supporting any bills to ban legislative freebies.
Oh wait a minute, there are no bills banning legislative freebies. None that got heard anyway.
Rep. Kyrsten Sinema raises $330,000
Congressional pay cut? Not anytime soon
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Congressional pay cut? Not anytime soon
By Rebekah L. Sanders The Republic | azcentral.com Sun Apr 14, 2013 3:05 PM
With Congress less popular than cockroaches (yes, pollsters have asked), legislation to dock members’ $174,000-a-year paychecks has become de rigueur.
U.S. Rep. Ron Barber, D-Ariz., is the latest member to propose a pay cut. His bill to slash congressional salaries by 20 percent, introduced Wednesday, may proffer the largest gouge so far. Arizona Reps. Matt Salmon, a Republican, and Ann Kirkpatrick, a Democrat, among others, have backed smaller pay cuts.
Barber’s source of outrage is the furloughs and overtime cuts expected to reduce Border Patrol agents’ pay by as much as 40 percent over the next few months. Barber represents Tucson and parts of the U.S.-Mexico border. He opposed the federal budget cuts known as sequestration.
“It is only right that those of us in Congress share the pain of those agents, defense civilian employees and other federal employees who have been hit in their wallets because of Congress’ failure to act,” Barber said.
Congress wouldn’t feel the pain soon. The 27th Amendment bars changes to members’ pay before the next election. So if Barber’s bill — or any other trimming salaries — were to pass, it would go into effect no earlier than the 2014 lame-duck session, long after the Border Patrol cuts take hold. Passage, however, is unlikely. Congress has not lowered its pay since 1933.
In other news:
Sen. John McCain’s transfer of cash among campaign accounts may renew speculation about whether the 76-year-old, five-term senator will seek re-election in 2016. According to Federal Election Commission records, McCain shifted $819,000 from the McCain-Palin Compliance Fund Inc., an account to cover costs from his 2008 presidential campaign, to Friends of John McCain, his Senate campaign fund.
Spokesman Brian Rogers told the Center For Public Integrity, which first reported the transfer, that McCain plans to close his presidential campaign funds this year.
“Transferring those funds to the (Senate) campaign committee gives Senator McCain maximum flexibility to manage them in the coming months and years,” he said. Rogers added to The Arizona Republic that John Kerry did the same thing in 2007.
Freshman Rep. Kyrsten Sinema appears to be trying to scare off potential 2014 challengers. The Phoenix Democrat announced a massive fundraising haul — $330,000 — for the first three months of the year. That’s money she raked in during an off-year right after an election, when donors are reluctant to open their pocketbooks.
More details about Sinema’s first-quarter fundraising and that of the rest of the delegation will be known when reports are filed. They are due to the FEC by 9 p.m. Phoenix time on Monday. Finance reports filed by two Republicans who ran in Sinema’s district last year and have said they could run again indicate how seriously they’re taking it. Wendy Rogers raised $103,000. Martin Sepulveda raised zero.
Native American voters helped push Kirkpatrick to a win in 2012, and the Flagstaff Democrat has been working to balance her relationship with voters there while in office.
Kirkpatrick crossed leaders of the San Carlos Apache and a coalition of Arizona tribes earlier this year when she reaffirmed support of legislation to build North America’s largest copper mine on land near Superior that is considered sacred.
But she got the chance to redeem tribal goodwill last week, co-sponsoring a bill by Rep. Trent Franks, a West Valley Republican, to block a casino near Glendale.
Kirkpatrick provided the key backing to make the bill bipartisan, undoubtedly pleasing the casino’s opponents, the Gila River Indian Community and a coalition of Arizona tribes. The Gila tribe, like the San Carlos tribe, resides in Kirkpatrick’s district.
The only tribe Kirkpatrick risked upsetting with the bill is the proposed casino builder, the Tohono O’odham Nation. And they live miles away, in Rep. Raúl Grijalva’s district.
Sanders covers Congress for The Republic. National political reporter Dan Nowicki’s column will return next week. Follow Sanders at azdc.azcentral.com and @RebekahLSanders.
New film looks at ‘War on Whistleblowers’
Sadly Emperor Obama is just a Democratic version of George W. Bush!!!
Source
By Joe Davidson, Published: April 23
The Obama administration’s approach to federal whistleblowers has been likened to “Dr. Jekyll and Mr. Hyde.”
On the good doctor’s side, President Obama has important accomplishments in protecting the rights of whistleblowers. Yet whistleblower advocates are fuming at the administration’s actions against federal employees whom it considers to be leakers of national security information.
“There’s a schizophrenia within the administration,” said Tom Devine, legal director of the nonprofit Government Accountability Project. “It’s been Obama versus Obama on whistleblower policy. Until recently, there was a virtual free-speech advocacy for whistleblower job rights that’s unprecedented, more than any other president in history.
“At the same time,” Devine added, “he has willingly allowed the Justice Department to prosecute whistleblowers on tenuous grounds.”
That last point — the Mr. Hyde side — is the focus of the new film “War on Whistleblowers: Free Press and the National Security State.” (Disclosure: The documentary features comments by Dana Priest, a Washington Post colleague.) It is a project of the Brave New Foundation, a social justice advocacy organization. The film is being shown in theaters in New York City and Los Angeles, but the main distribution channels will be iTunes, Netflix, Hulu, Amazon and cable systems.
The Justice Department rejects the notion that it is overzealous in its prosecution of those the government calls national security leakers.
“Unauthorized disclosures of classified information cause damage to our national security and we take the investigation and prosecution of such matters very seriously,” Dean Boyd, a Justice Department spokesman, said via e-mail. “In these and all other cases, Justice Department investigators and prosecutors follow the facts and the law to determine whether charges are appropriate.”
The Justice Department does not target whistleblowers, he added: “However, we cannot condone the knowing and willful disclosure of classified information to the media or others not entitled to such information. An individual in authorized possession of classified information has no authority or right to unilaterally determine that it should be made public or otherwise disclose it.”
The film recognizes the president’s good side, with a quick nod by Danielle Brian, executive director of the Project on Government Oversight. The “good news,” she said, is passage of the Whistleblower Protection Enhancement Act, which Obama supported, and his directive providing protection for national security whistleblowers. That mention, however, is not until 59 minutes into the 66-minute film.
Balanced? No. But the stories about the government’s aggressive moves against federal employees who worked to uphold the finest traditions of public service are chilling and deserve the notice and outrage the film hopes to generate.
Franz Gayl’s is the first case presented. The Defense Department civilian employee was punished for his efforts to save the lives of U.S. troops at war.
“Hundreds of Marines were tragically lost and probably thousands maimed unnecessarily, so I said, let’s replace the Humvees with what are called MRAPs, Mine-Resistant Ambush Protected vehicles,” he says in the film.
After taking his concerns to Pentagon officials with no luck, he went to the news media. Then the blowback hit. He was stripped of his security clearance, the lifeline for national security workers, and suspended.
“They were using all these personnel actions against me,” he said. “I’m the substandard employee, bottom 3 percent, unreliable, untrustworthy, et cetera, et cetera. After investigations and after all these personnel actions and reprisals, I was placed on administrative leave.
“I was fearful. If I have to leave the government now and I don’t have security clearances, we’re gonna have to move away. I can’t get a job around here. You can’t do anything without a security clearance around [the] D.C. area. I knew that life was gonna go ‘foof,’ fall off a cliff.”
Gayl was fortunate to have whistleblower advocates who cushioned his fall. And in November 2011, after intervention by an Office of Special Counsel that was re-energized by Obama, the military’s threat to suspend Gayl indefinitely was lifted and his security clearance was reinstated.
There’s a lot left out of his story in this space, and similar stories of other whistleblowers can’t be mentioned at all. Gayl’s is a distressing tale of Uncle Sam playing the bully, making life hell for a federal employee who fought to better protect American troops.
“I’m now working back at the Pentagon in the office from which I was removed,” Gayl says at the end of the film. “I feel very lucky, because I received a lot of support from a lot of outsiders that I don’t think every person in my situation gets.”
The film makes you wonder how many more trampled, and largely unknown, federal whistleblowers like Gayl are out there.
Twitter: @JoeDavidsonWP
Previous columns by Joe Davidson are available at wapo.st/JoeDavidson.
It wasn't a $100,000 bribe - It was a $100,000 campaign contribution. Honest!!!!
Source
Va. Gov. McDonnell says no special treatment given to big campaign donor under investigation
By Associated Press, Published: April 30
RICHMOND, Va. — Gov. Bob McDonnell said Tuesday his administration never gave special treatment to a dietary supplement company that is under a federal securities investigation and whose chief executive gave more than $100,000 in political contributions and thousands of dollars more in gifts to McDonnell’s family.
McDonnell said on WTOP radio he and first lady Maureen McDonnell have been friends with Star Scientific CEO Jonnie Williams for four or five years. He acknowledged receiving gifts from Williams, including a $15,000 check to his daughter to help her pay for her June 2011 wedding.
Williams’ gifts to McDonnell and to state Attorney General Ken Cuccinelli, both Republicans, have come under growing scrutiny in the past two months. It intensified after the former Executive Mansion chef Todd Schneider was charged with stealing food from the mansion and alleged that his prosecution by Cuccinelli was politically motivated.
Cuccinelli is running for governor this year; McDonnell, elected in 2009, can’t run because Virginia is the only state that doesn’t allow its governor to serve consecutive terms.
The FBI is looking at the relationship between McDonnell and Williams, according to two people who spoke on condition of anonymity because their roles preclude them from talking publicly. Neither is charged with wrongdoing.
Federal authorities began questioning people close to the McDonnells as an outgrowth of the securities probe, the two people said. FBI agents have asked about gifts the McDonnells received and whether the governor or his administration aided the company in return.
McDonnell said he appeared at an event promoting Star Scientific at the Executive Mansion in August 2011, but said the company has received no state economic development incentives from his administration.
“During my time as governor, neither Jonnie Williams nor Star Scientific or any other person or any other company that’s come before our administration for something regarding the budget or legislation or anything else has been given any special treatment,” McDonnell said on his monthly call-in radio show.
News of the FBI probe was first reported Monday by The Washington Post. A day later, Circuit Judge Margaret Spencer barred attorneys from discussing the case.
The investigation was revealed after the former chef at the Executive Mansion alleged in court papers that he gave FBI and state police investigators evidence a year ago of wrongdoing by McDonnell and his family. It included documents showing Williams paid Schneider’s private catering company $15,000 for McDonnell’s daughter Cailin’s wedding reception, court records showed. Schneider had been the mansion chef.
McDonnell did not disclose the gift on his January 2012 statement of economic interests, saying state law does not require the disclosure of gifts to family members.
“I made the determination — and I believe it was correct — that it was a gift to my daughter, and therefore under the current laws it did not need to be disclosed. I think obviously from the attention it has gotten, it has certainly now been disclosed,” he said.
McDonnell has acknowledged signing the catering contract. Court documents filed by Schneider claim he paid a deposit for the services and Maureen McDonnell received a $3,500 check for overpayment of catering expenses.
Asked if he’d allow his daughter to accept the gift again, McDonnell struggled with the reply.
“That’s hard to say in retrospect. Obviously there’s been a lot of attention to that. It’s caused a fair amount of pain for me personally I’m a governor but I’m a dad and I love my daughter very much,” he said.
Williams has given McDonnell’s political action committee nearly $80,000 and gave his 2009 campaign for governor $28,584, according to the Virginia Public Access Project, a nonprofit group that tracks of money in Virginia politics. McDonnell received personal gifts totaling $7,382 from the company in 2012, according to the group.
Based just outside of Richmond, Star Scientific started as a cigarette company in 1990, focused on ways to remove harmful compounds from tobacco. The company incurred annual losses for most of that time, including a $22.9 million loss last year.
In November, Williams, who has been CEO since 1999, announced he was cutting his salary from $1 million a year to $1 a month until the company becomes profitable. A month later, the company, which has 23 full-time employees, said it would shift its focus to its anti-inflammatory supplement, Anatabloc.
Schneider headed the mansion kitchen operations from 2010, when McDonnell moved in, until last year, when he was dismissed during a state police probe. He was later charged with four counts of taking state property worth $200 or more.
Schneider’s motion said he told federal and state investigators that the mansion staff and other state employees had witnessed him being instructed to take state-purchased food as payment for personal services, and that they saw others “openly taking cases of food and other supplies from the governor’s mansion.”
The motions said the charges against him should be dismissed on the grounds that Cuccinelli had a conflict of interest because he had also accepted thousands of dollars in gifts from Williams and Star Scientific.
Cuccinelli filed a motion last week to recuse his office from prosecuting Schneider. A hearing was scheduled Thursday.
Political and official aides to Cuccinelli dismissed the motion by Schneider’s attorney, Steven D. Benjamin, as a further effort to politicize and sensationalize a criminal trial. Brian Gottstein, a spokesman for the Virginia attorney general’s office, said the case “will be tried in court and not in the media.”
Just before Schneider’s indictment in March, defense lawyers said Cuccinelli’s office ignored Schneider’s information “concerning the use of the mansion by Williams, the promotion of Williams’ food supplement by the governor and first lady,” according to the motion.
Benjamin said Cuccinelli sold 1,500 shares of Star Scientific stock last summer at a profit of $7,000. He also noted Cuccinelli’s free use of Williams’ Smith Mountain Lake vacation lodge for a summer 2012 vacation worth $3,000 and another stay there for Thanksgiving in 2010, complete with a catered holiday dinner worth $1,500.
Cuccinelli did not disclose the gifts until last week.
Copyright 2013 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.
Imprisoned at Guantanamo - America's Honor!!!!
When I first met Kyrsten Sinema it was at an anti-war movement event
and she claimed to be against abuses like this.
It seems like Kyrsten Sinema is now part of the problem, like the rest of Congress.
The last Kyrsten Sinema blurb I heard was she supports a strong American military.
I suspect she needs to get the votes of the military to get re-elected and stay in
power and, more importantly keep her $174,900 salary as a member of Congress.
Let's face it government is all about money and has nothing to do with justice and
fairness.
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