Speaking of "deplorables," the Communist Party USA website has this report from Joelle Fishman and the CPUSA Political Action Commission urging people to vote for Hillary Clinton and not throw away their votes on Stein or Johnson. Some of those votes may go to Gary Johnson and the Libertarians. In a very close election, the votes for Johnson and Jill Stein could throw the election to Donald Trump. The argument for a landslide unity vote could convince some of those to do the right thing.So there you have it. It's not an invention of "right-wing media." The Communist Party says voting for Hillary Clinton is doing the right thing.Any repudiation of this endorsement from the Clinton camp? I could not find one through a Google search or on the campaign website. If anybody can find one, please post a link in the comments.
Deplorables
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Case o' The Week: It Pays to Discover - Soto-Zuniga and Government Discovery Obligations
Q: What victory could be sweeter than a Ninth Circuit reversal on a discovery motion? A: A Ninth reversal on two discovery motions! United States v. Soto-Zuniga, 2016 WL 4932319 (9thCir. Sept. 18, 2016), decision available here.Players: Decision by Judge Gould, joined by Judges Kozinski and W. Fletcher.
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Rede des Europäischen Datenschutzbeauftragten (EDSB) über Datenschutz, digitale Wirtschaft und Finanzindustrie
Am 15. September 2016 hielt der Europäische Datenschutzbeauftragte (EDSB) anlässlich der diesjährigen Data Protection & Privacy Conference der British Banker’s Association eine Rede zur Anwendung von Datenschutzregeln im Bereich der Finanzindustrie sowie der digitalen Wirtschaft. Der EDSB ging dabei u.a. auf folgende Punkte ein: (i) Die EU Datenschutz-Grundverordung (DSGVO) enthalte keine spezifischen Regeln für Finanzdienstleister; sie werde aber auch Einfluss auf die Finanzindustrie haben. (ii) Beispielsweise werden Finanzdienstleister ihre Kunden über die Verwendung und die "involvierte Logik" automatisierter Verfahren (z.B. bei der algorithmenbasierten Prüfung der Kreditwürdigkeit bei einer online Kreditvergabe) orientieren müssen. Ferner werden die betroffenen Kunden einen Anspruch auf „menschliches Gehör“ bzw. ein „Widerspruchsrecht“ haben, d.h. sie dürfen nicht Gegenstand einer…
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Mr. Bumble Proved Right. Again.
There was a guy I went to law school with who had a problem in the ethics class we had to take.* He couldn't understand why it would be a bad move to represent both husband and wife in a divorce. Lest you be confused, it's 'cause they have different interests. Who gets what? What about the kids? Maybe they're open and fair minded and not hostile. Maybe they can work it all out smoothly. Fine, then work out an amicable settlement. But each spouse should be advised of what the possibilities are. A single lawyer can't do that because the lawyer has a duty of undivided loyalty to the interests of her client. And if the interests of the clients might be antithetical, well, one lawyer just can't do it all.**To wit (as the lawyers say): Russell Haugabrook and his wife weren't getting a divorce. Instead, at least according to the indictment, they were growing and selling marijuana.***…
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Legislative mistake reduces penalties for some drug offenses
The Texas legislature amended Health & Safety Code §481.103 with the intention of outlawing more synthetic drugs. In an attempt to sell a legal product, individuals have been producing synthetic drugs that have slightly different chemical structures than naturally occurring substances that are already outlawed. These new drugs have a similar effect on the body and could […] The post Legislative mistake reduces penalties for some drug offenses appeared first on .
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ISIS Takes Credit for MN Attack
Amaq News Agency (associated with ISIS) claims an ISIS supporter is responsible for the knife attacks at a Minnesota mall: Local news in Minnesota is identifying the attacker, who was killed, as Dahir Adan: (no link due to... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Chelsea and Jersey Shore Pipe Bombs: No Motive Yet
Officials do not think the pipe bomb found in a garbage can at Seaside Park on the Jersey Shore is linked to last night's pipe bomb explosions in Chelsea. Officials said there’s no evidence currently linking the explosion to terrorism,... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Can Trump Win Without Pennsylvania?
A new CBS poll on the battleground states says Hillary and Trump are now about equal. The poll is conducted on the internet. It's not really a poll by CBS, but for CBS, by an online polling company. The CBS News 2016 Battleground Tracker is... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Emmys 2016
Update: I think Jimmy Kimmel is doing a terrific job. I loved the part with his mother making PB&J sandwiches for everyone. Great delivery on line about how people who are allergic to peanuts are out of luck, they could only afford one... [[ This is a content summary only. Visit my website for full links, other content, and more! ]]
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Who will go after the biggest (legal) drug dealers still contributing to the biggest modern drug harms?
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"What Executioners Can — And Cannot — Teach Us About the Death Penalty"
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New Jersey Man Avoids Refusal Charges in NY DUI Stop
A Williamstown, New Jersey, driver is facing drunk driving charges in New York after a traffic stop in Tappan, NY. According to media reports of the incident, Justin Abraham, 27, was arrested on a Saturday afternoon after being stopped by police on Route 303. Police noticed the man had watery, bloodshot eyes and that he smelled of alcohol. Field sobriety tests were ordered, which he failed, and when police attempted to obtain a breath sample for testing, he “failed to provide a sufficient measurable sample after numerous attempts.” In New Jersey, failure to provide an adequate breath sample during sobriety tests can result in both a DWI charge and a charge for Refusal. Refusal is charged under the implied consent laws governing the issuance of driver’s licenses. Essentially, to obtain a license to operate a motor vehicle in New Jersey, the recipient is consenting to cooperate with investigations into suspected drunk driving. When police ask for a breath…
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Mount Olive, NJ DWI Stop Outlines Common Police Observations
A West Milford driver’s DWI stop provides a clear picture of one of the most common types of evidence in a DWI case. According to Mount Olive police, Paul Bachmann, 41, was seen driving erratically overnight on July 17 while proceeding on Route 46. Police pulled his black Honda over after he failed to maintain his lane. During the stop, the arresting officer noted that he could detect the odor of an alcoholic beverage and observed that Bachmann appeared to be impaired. He was charged with DWI, reckless driving, failure to maintain a lane, and failure to exhibit an insurance card. You can bet that if this case goes to court, the arresting officer will be on hand to testify that he witnessed evidence of the driver’s impairment, and could clearly smell the odor of alcohol. This is standard testimony in DWI cases in New Jersey, and fighting back against the assertions of a trained police officer can be an uphill climb. Still, every case has defenses, and every piece…
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Penalties for Corruption of Public Resources (N.J.S.A. 2C:27-12) in New Jersey
The State of New Jersey has some pretty stiff penalties in store for public officials who misuse public resources. Under Corruption of Public Resources (N.J.S.A. 2C:27-12), those who knowingly use or make dispositions of public resources for unauthorized purposes can face significant jail time. The statute defines two violations. When a public resource is subject to an obligation to be used to perform a particular function, Corruption of Public Resources can be prosecuted as a crime of the first degree, depending on the value of the public resource. Here’s the breakdown of potential penalties, from lowest to highest: Value of less than $75,000; crime of the third degree; possible sentence of three to five years and a $15,000 fine Value of $75,000 – $500,000; crime of the second degree; sentence between five and 10 years and a fine of up to $150,000 Value over $500,000; crime of the first degree; prison sentence 10 years or longer; fine of $200,000.In cases where a…
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Two Years of a Staggering Surge in Murder
Prof. Doug Berman of SL&P is often maddeningly honest, much to the consternation of his numerous liberal and libertarian followers. His article today provides a good example. In the face of a Brennan Center "study" that purports to find not a whole lot to worry about on the national crime front, Doug notes this sentence buried below a bunch of bullet points in the Center's work:Nationally, the murder rate is projected to increase 31.5 percent from 2014 to 2016 -- with half of additional murders attributable to Baltimore, Chicago, and Houston.When the murder rate increases by nearly a third in two years, that, ladies and gentlemen, is a national crisis. (And yes, it's true that if you subtract enough of the cities with the biggest increases, then, nationally, you'll get a smaller (though still startling) increase. Maybe the Brennan Center thinks its readership hasn't learned fifth grade math). The Brennan…
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Injury Crash near Emmett
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 3 Patrol 700 S. Stratford Dr., Meridian 83642 (208) 846-7550 Fax (208) 846-7520 For Immediate Release: Monday- September 19, 2016 2:35 p.m. Please direct questions to the District Office On Monday, September 19, 2016, at approximately 9:30 a.m., Idaho State Police investigated a three-vehicle, injury crash on SH-16 near milepost 109, near the Gem County / Ada County line. Morgan Meadows, 20, of Nampa was driving northbound in a 2013 Ford Edge. The Ford crossed center line and struck a 1998 Honda Accord driven by Michael Sanders, 29, of Emmett. The Honda was pushed backward and struck 2014 Kia Sorrento, driven by Melissa Harris, 33, of Emmett. Meadows was not wearing a seatbelt and was transported via ground ambulance to Valor Health in Emmett. Meadows' passenger, Hailee…
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Two vehicle non injury crash 2300 N/US30, near Filer
IDAHO STATE POLICE NEWS RELEASE - generated by our News Release ListServer DO NOT REPLY --------------------------------------------------------------------------- IDAHO STATE POLICE NEWS RELEASE District 4 Patrol 218 West Yakima, Jerome, ID 83338-5904 (208) 324-6000 Fax (208) 324-7897 For Immediate Release: 09192016 2:40pm Please direct questions to the District Office On Monday September 19,2016, at approximately 8:03am, Idaho State Police investigated a two vehicle non injury crash on 2300 N and US 30 , near Filer. Raechel Ruhther-Dalos, 34, of Filer, was stopped at the stop sign at that intersection in a 2014 Chevy Cruz. Clyde Johnson,62, of Filer, was stopped behind Ruhther-Dalos in a school bus occupied by 35 children. Johnson believed Ruhther-Dalos had proceeded through the stop sign so began moving forward striking the Chevy Cruz. Ruhther-Dalos was transported by ground ambulance to St Lukes Magic Valley. One child from the school bus may have been transported…
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DWI Arrest Could Have Significant Immigration Consequences, According to U.S. State Department
America, as the saying goes, is a nation of immigrants, meaning that most Americans living today are descended from people who came here from another country. People still come to New Jersey and elsewhere in the country from all over the world. Traveling or moving to the U.S. usually requires a visa issued by the federal government. Aside from foreign diplomats and consular officials, the laws of the U.S. fully apply to anyone with a visa, and certain legal troubles can have a significant impact on a visa holder’s ability to remain in the U.S. The Department of State (DOS) uses a process known as “prudential visa revocation,” which allows it to revoke a person’s visa if they are arrested for driving while intoxicated (DWI). This could apply even if the person is never convicted of DWI. Visas generally fall into two categories: immigrant visas and nonimmigrant visas (NIVs). Immigrant visas, commonly known as “green cards,” allow…
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Felony Falsifying Business Records: Understanding the Limited Conduct that can give Rise to PL 175.10 in New York
A somewhat infrequently used section of the New York Penal Law, First Degree Falsifying Business Records is nonetheless not only a serious crime, but on where an arrest can land you in prison and with a felony record. Is Falsifying Business Records in the First Degree as serious as Second Degree Grand Larceny or, for that matter, Second Degree Criminal Possession of a Forged Instrument? The short answer is no. These two crimes, PL 155.40 and PL 170.25, are class “C” and “D” felonies respectively while PL 175.10 is a class “E” felony? What does this all mean you ask? Grand Larceny in the Second Degree is punishable by as much as fifteen years in prison, Criminal Possession of a Forged Instrument in the Second Degree is punishable by as much as seven years in prison and First Degree Falsifying Business Records is “merely” punishable by up to four years in prison. That said, unlike the aforementioned crimes, PL 175.10 is often…
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Birtherism And Basket Cases
This weekend proved that the mainstream media is incapable of handling the sheer volume of dishonesty and deceit that oozes out of the Trump campaign. After Donald Trump brazenly lied about his role in the birther movement on Friday, blaming Hillary Clinton for originating this easily discredited racist conspiracy theory and crediting himself for putting an end to it -- his surrogates went on the national teevee talk shows over the weekend and doubled-down, pushing the same blatant falsehoods. The sheer audacity of Republican party stalwarts, from Chris Christie to Reince Preibus, lying to their incredulous hosts who did little more than stammer in response, demonstrated more clearly than ever that we have gone through the looking glass. The truth no longer seems to matter.In sum,The notion that Barack Obama was born in Kenya was an insidious, racist conspiracy theory launched from the fringes of the right wing in order to…
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