Conservative

Calif. public-employee pensions face cuts

SAN DIEGO (AP) — For years, companies have been chipping away at workers' pensions. Now, two California cities may help pave the way for governments to follow suit.

Voters in San Diego and San Jose, the nation's eighth- and 10th-largest cities, overwhelmingly approved ballot measures last week to roll back ...

Farmers Say NAIS/ADT

NoNAIS - News - Wed, 2024-11-27 00:46

The battle continues:

A coalition led by farmers and ranchers is using a last-minute strategy to stop USDA’s new Animal Disease Traceability (ADT) program. The groups involved are using economic grounds - especially the added costs that animal identification will impose on rural America.

In a 9-page letter to the Executive Office of Management and Budget, a unit of the White House, the sixteen organizations in the coalition say animal traceability could cost the U.S. cattle industry more than $1 billion a year.
-FoodSafetyNews

Once again government wants to put the blame and financial burden on the small farmers with no compensations or benefit while not solving any actual problem. NAIS/ADT is really about export markets and profits for big producers. If they want a system of tracking then they should create their own private voluntary system, not one funded by tax payers. We small farmers don’t need NAIS/ADT. We know where are animals are and can trace them from breeding to the customer’s plate without any government “help.”

Do go read the article and contact your reps. The article is open to comments, leave your thoughts.

How Bain Capital helped BPblow up the Deepwater Horizon

Greg Palast - Articles - Wed, 2024-11-27 00:46

A Book Review by Greg Palast, for FireDogLake.com
on Poisoned Legacy: the Human Cost of BP's Rise to Power (St. Martin's Press) by Mike Magner.

Here's my bead on Magner's book....


I almost fell off the barstool when I read that it was Bain Capital (Mitt Romney, former CEO), that told oil giant BP it was a good idea to cut costs. The cuts would lead to death, mayhem and the destruction of the Gulf Coast (not to mention BP’s poisoning of Alaska, Africa, Central Asia and Colombia).

In 2007, after BP's criminal negligence and penny-pinching led to the explosion at the BP oil refinery on the Gulf Coast, in Texas City, Texas, the company brought in industry pooh-bah James Baker, their lawyer and former Secretary of State, to write a report. Baker is Big Oil's BFF, but in this case, he was horrified, and told BP to get its act together and spend some real money on operating safety.

BP didn't like Baker's recommendation nor did it like another report by its own consulting firm, Booz Allen Hamilton which advised the company to ...get its act together and spend money on safety.

When two respected industry voices agree that you'd better start spending and thinking while you're operating in a deadly business, a corporation's CEO has only one choice: find a consulting house of ill repute to contradict the others and tell you what you want to hear.

That's what BP's CEO Tony Hayward did. In 2008, he hired Bain Capital to say the company would be better managed if it spent less money. Bain used consulting BS terms like reducing "complexity," but it all meant the same thing: cut, cut, cut.

After all, Bain's motto is, "We like to fire people." The oil company then fired 5,000 employees in response to the Bain report.

To hell with safety.

BP read Bain's recommendations as the green light to chop funding. Of course, it was all done with Hayward's PR pronouncement that the company would now "focus like a laser on safety". (A laser, I'd note, is a thin beam surrounded by darkness.)

BP's Bain-blessed, deadly, insouciant cost-cutting was the deadly habit that federal regulators identified as a cause of the Deepwater Horizon blow-out.

That's just one of the ill-making stories in Magner's book which takes you through BP's poisonous history before, during and after the 2010 Deepwater Horizon blow-out.

Much of Magner's opus centers on the Texas City refinery explosion that was a loud, flaming warning about allowing BP to play with matches and oilrigs. He begins and ends with the story of another refinery, Amoco's long-closed plant at Neodesha, Kansas.

At first, that sounds weird for a book about BP––but it's an exceptionally important tale, explaining how the industry hits and runs. Amoco closed its refinery decades ago, took off and left the toxins there. It takes years for toxins to kill, and Amoco's poisons killed Lucille Campbell's baby in 1963. And it takes more years to figure that out, which Lucille did in 1999, after BP bought Amoco.

Lucille continues to this day to fight to stop the rash of cancers and poisonings still caused by BP's dump. The oil company has done the honorable thing: it's gone after Lucille and her little township, attempting to smear, discredit and bankrupt her and the company's victims.

Lucille's fight against the petro-saur corporation is the big story of the book that you should read––in fact, that you should memorize.

Greg Palast is the author of Vultures' Picnic, centering on Palast's own undercover investigation of BP and Big Oil around the planet. www.VulturesPicnic.org.
Palast's, reports can be seen on BBC-TV and Britain’s Channel 4.

You can read Vultures' Picnic, "Chapter 1: Goldfinger," or download it, at no charge: click here.

Subscribe to Palast's Newsletter and podcasts.
Follow Palast on Facebook and Twitter.

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OH9: Knowledge of what police are looking for not required for consent

FourthAmendment.com - News - Wed, 2024-11-27 00:46

A suspect does not have a right to know what it is the police are looking for in a consent search, which is essentially his only issue for suppression. Here, defendant clearly consented by signing a consent form and even unlocked doors for the officers. He’s been through a police investigation before that was apparently fruitless and consented to a search there. State v. Chesrown, 2012 Ohio 2476, 2012 Ohio App. LEXIS 2175 (9th Dist. June 6, 2012).*

That defendant may have been injured in an accident did not affect the admissibility of the evidence in a DUI case by motion to suppress. That went to weight of the evidence. Even assuming the officers misstated their ability to force a blood draw, that does not require suppression of the search here. State v. Walters, 2012 Ohio 2429, 2012 Ohio App. LEXIS 2138 (9th Dist. June 4, 2012).*

While the officers never saw money change hands, they had probable cause to arrest defendant after months of investigation, wiretaps, and tailing the defendant on drug runs, always on a Sunday. United States v. Rucker, 2012 U.S. Dist. LEXIS 78323 (N.D. Fla. June 6, 2012).*

OH9: Wad of money not seizable under plain feel during patdown

FourthAmendment.com - News - Wed, 2024-11-27 00:46

A patdown that revealed a wad of money was not a valid plain feel because it should have been apparent that it was not a weapon. State v. Robinson, 2012 Ohio 2428, 2012 Ohio App. LEXIS 2137 (9th Dist. June 4, 2012):

[*P20] Here, the testimony is unclear as to whether the nature of the "wad of money" was apparent by touch during the Terry search, or whether the officer reasonably believed the "wad" in Robinson's pocket to be a weapon. Moreover, the record does not indicate that Officer McConnell at any point subjectively believed that the "wad" in Robinson's pocket was a weapon. Therefore, the seizure of the money from Robinson's pockets is not justified by the Terry search or the plain feel doctrine. See Maumee v. Weisner, 87 Ohio St.3d 295, 297, 1999 Ohio 68, 720 N.E.2d 507 (1999) ("Generally, at a suppression hearing, the state bears the burden of proving that a warrantless search or seizure meets Fourth Amendment standards of reasonableness.")

Plaintiff is a state prison inmate required under state law to give fingerprints for SORNA purposes, and he refused. He was placed in segregation for refusing, and a criminal investigation was opened by the State Police. He sued under § 1983, but he doesn’t state a claim for relief because the intrusion is minimal [not to mention that, as a prison inmate, his fingerprints are in multiple places and were likely taken when he got there]. Ford v. Curtin, 2012 U.S. Dist. LEXIS 79439 (W.D. Mich. June 8, 2012).*

CA6: Arrest warrant made officers lawfully in defendant's place under Payton for a plain view

FourthAmendment.com - News - Wed, 2024-11-27 00:46

Officers lawfully in defendant’s place with an arrest warrant saw a gun and ammunition in plain view, so the seizure was valid. United States v. Lyons, 2012 U.S. App. LEXIS 11651, 2012 FED App. 0590N (6th Cir. June 7, 2012).*

Defendant argued that one question from the officer expanded the scope of a traffic stop. The court concludes, however, that his shaking and obvious nervousness and deflection when the question was asked was reasonable suspicion. One question could be enough, but not here. State v. Smith, 2012 Minn. LEXIS 239 (June 6, 2012)*:

[W]e conclude that Smith's extreme shaking and his evasive response when asked about his shaking provided the officers with reasonable, articulable suspicion sufficient to support an expansion of the traffic stop. In essence, because we conclude that the officers had reasonable, articulable suspicion to support the alleged expansion of the stop, we assume without deciding that Ehrhardt's question caused an incremental expansion in the scope of the traffic stop.1
1 We are not persuaded by the State's argument that a question cannot expand the scope of a traffic stop. Instead, we recognize that even a single question, depending on its content, could expand the scope of a traffic stop under other facts.

CADC: Forest Service failed to show "special needs" justifying random drug tests of JCCCC workers

FourthAmendment.com - News - Wed, 2024-11-27 00:46

The Secretary of Agriculture failed to show “special needs” for random drug testing of civilian employees of the Job Corps Civilian Conservation Centers of the U.S. Forest Service. The only evidence shows that there is no drug problem. Nat'l Fedn. of Fed. Employees-IAM v. Vilsack, 2012 U.S. App. LEXIS 11605 (D.C. Cir. June 8, 2012):

The National Federation of Federal Employees ("the Union") challenges the constitutionality of a random drug testing policy applicable to all employees working at Job Corps Civilian Conservation Centers operated by the U.S. Forest Service. The district court granted summary judgment in favor of the Secretary of Agriculture and the Chief of the U.S. Forest Service (hereinafter "the Secretary") and denied the Union's request for a preliminary injunction. Upon de novo review, we conclude that the Secretary has failed to demonstrate "special needs" rendering the Fourth Amendment requirement of individualized suspicion impractical in the context of Job Corps employment. See Vernonia School Dist. 47J v. Acton, 515 U.S. 646, 653 (1995); Nat'l Treasury Emps. Union v. Von Raab, 489 U.S. 656, 665-66 (1989). Although identifying governmental interests in the students' abstention from drug use and in their physical safety, the Secretary offered no foundation for concluding there is a serious drug problem among staff that threatens these interests and thus renders the requirement for individualized suspicion impractical. Rather, the Secretary's evidence to date suggests the contrary. Because the Secretary has offered a solution in search of a problem, the designation of all Forest Service Job Corps Center employees for random drug testing does not fit within the "closely guarded category of constitutionally permissible suspicionless searches," Chandler v. Miller, 520 U.S. 305, 309 (1997). Accordingly, we reverse and remand the case for proceedings consistent with this opinion.

Let’s Close the Information Gap About Fracking

TruthNews.US - News - Wed, 2024-11-27 00:46
LA Times | "oil and gas industry want to withhold information even from regulators about the exact formulation of the fluids injected into the ground during fracking..."

The Week: "The drone over your backyard: A guide"

FourthAmendment.com - News - Wed, 2024-11-27 00:46

The Week: The drone over your backyard: A guide / U.S. skies are being opened to police and private drones. Will it be the end of privacy?

Drones are coming to the U.S.?

They're already here — and the drone era is just beginning. Predator drones — the same remote-controlled, camera-equipped aircraft used to hunt terrorists in Afghanistan and Pakistan — have been patrolling U.S. borders since 2005. Emergency responders have used smaller drones to search for missing persons and track forest fires, and police departments in Florida, Maryland, Texas, and Colorado are testing drones for surveillance and search-and-rescue missions. Last month, the Federal Aviation Administration, acting at the behest of Congress, relaxed the rules for deploying unmanned aerial vehicles. Police departments across the country can now fly drones weighing up to 25 pounds, as long as the aircraft stay within sight of the operator and fly no higher than 400 feet (so as not to get in the way of commercial aircraft). More rules easing restrictions on commercial drones are expected by 2015. By the end of the decade, the FAA expects 30,000 unmanned aerial vehicles — some as small as birds — to be peering down on American soil.

Why are they allowing more drones?
Law-enforcement officials love them. They believe the mobile, eye-in-the-sky technology will improve public safety at a low cost. With high-resolution cameras, drones can help police patrol large areas, spot runaway criminals, and track drug shipments. And since a small police drone with a camera can be purchased for around $50,000 (with some basic models costing as little as $300), they're far cheaper than standard helicopters, which can cost $1 million or more.

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