Just some kid from the Chicago suburbs that moved to the southwest, went to law school, and ended up confronted with shifting ideals. My thoughts...boring and unedited.

Tuesday, January 29, 2008

meant to be...

it is nigh february, 2008...I swore I would be out of this place by now, but things kept holding me up. now I know why...the gods (one norseman in particular) have been looking out for me, providing for me in a way that no amount of high-rises, concrete jungles, crowds or women with long-legs and brains ever could...

taos is having an epic year. after last year I wondered how it would be possible to go out with a better farewell season...

well over ten feet of snow and a few bomb-holes later the freckles are conveniently arranging themselves in a cheshire grin bordered by goggles and helmet straps...the gums are sunburned...the checks windburned...the mind refreshed...

and it has dumped again. and tomorrow is my first opportunity to call in with a case of the freshies...

and I am wondering - how could I ever leave this place?

I guess I'm in love with the fucked up kid...

Monday, January 28, 2008

why I came back to Obama...

I've said it before, and I maintain this simple reality - Barack Obama is a disappointment to those of us that hoped beyond hope that he could be a progressive savior, that he could be a man that could combine the anger we feel with the populist approach necessary to return this country to the way things should be. make no mistake about it - Obama is not that man. and I realize this does not seem like a ringing endorsement as of yet, but bear with me here, I swear it will be in the end...

I, along with countless others, had hoped Obama could be what he is not, a leader with the gumption to stick it to the proverbial man and return a government of the people, by the people and for the people to the people. if he has proven anything over the campaign trail it is this - the man either does not have the belief system, or the testicular fortitude to demand such a seismic shift. but he has also proven something else, something that I have come to realize is more valuable at this stage in american politics - that he has an incredible ability to rally vastly different people behind a simple message of hope and progress for all, behind the age-old, yet often forgotten, american belief that we are all in this together.

and that is why I have come back around to support Obama. I do not agree with some of his policies (although, his stance on minimum mandatory sentences shows that he just may have the above-referenced fortitude in him somewhere), but it is incredible what he has done for the political process in this country. for decades we have had leaders that spoke at us...if we were lucky they would speak to us. now we have found one that actually seems to talk for us. and it is incredible that when one does, they do so with a progressive voice, and the people flock to him and his simple message.

and truly, at this time in american politics, when the right has hijacked the landscape and so altered the culture and language that america has forgotten that its central role is to ensure the rights to life, liberty and the pursuit of happiness of all people, Obama and the movement growing around him is exactly what it is needed. and perhaps that it really the reason I came back to Obama, not for the man, but for what he represents.

and so you ask, "but if you don't like his policies, how can you agree with what he represents?" to which the answer is simple - and one which the left has too often forgotten, to the detriment of our nation and the world - he represents a return to smart, progressive politics based on mutual respect and a sense of togetherness. do not mistake me for claiming he represents a turning away from partisanship...because that only means one is willing to agree with those that are wrong. what he represents is a return of the sleeping giant in this country, the forgotten majority of like-minded, forgiving, caring folks around the country - the kind of neighbor that opened his door to you as a child and gave you cold water while you and the other kids played ball in his yard - the kind of neighbor that brings over meals and offers help when the pink slip arrives - the kind of neighbor that this nation was born from.

Obama represents a chance that presents itself once a generation...the chance to alter the landscape of politics for the future. for several generations, this opportunity has been squandered - for others, it fell upon the wrong side and the reagan revolution left us with a false conservative majority that has gone to work dismantling all that was once good about this nation. we now have an opportunity to undo that, to return the conversation to where it should be, where "liberal" is not a dirty word and the "left" party does not give your jobs away so CEOs can get bigger bonuses and throw you off welfare because if you and your children are starving and going without proper medical care you will magically find a good paying job - the same good paying job that the CEO shipped away to "globalization."

Obama is not the answer - but he is the vital middle man. Obama sets up the answer, and without Obama, we will not get to the answer. that is why it is so vital that he win this nomination over the democratic old guard, that is why it will be a national tragedy if he is not given the opportunity to run.

listen, it don't cost much...

Thursday, January 24, 2008

canadians are just good people, unpresidential bill, and tax "rebates" arrive...

canadians - those good, moral people that always apologize, even if they are not at fault (if you doubt me, just watch canadian bacon...a classic) - have been exposed as the spineless terrorist loving fools we always knew they were. thanks to a leak, the canadian big whigs have had to admit that they stopped turning prisoners over to the "government" of afghanistan due to concerns over the use of torture on previously transferred prisoners. (what a utopia our northern neighbor must be...a "leak" in canada is that their government won't participate in torture). they tried to keep it on the down low - perhaps because the american government really wants people to believe that the "government" of afghanistan is a wonderful, people loving and liberty protecting bunch.

amazing the juxtaposition of canada against us right now. they leak that they don't participate in torture. we kidnap and ship to countries that we know will torture (when we aren't doing it ourselves). I am reminded of a scene in velvet goldmine with an angry father standing over a quivering christian bale - "it's a shameful thing you're doing. you bring shame to your mother and me. do you hear me? stand up!" here's hoping that kucinich's push for impeachment will be accompanied by a similar dialogue...but here's serious doubting on that regard. the democratic party would never threaten the status quo so violently.

folks are up in arms over bill clinton parading around the country protecting his helpless little wife (seriously...does anyone else notice how very much at odds with hillary's projected persona it is for a man to be coming to her rescue? and just how demeaning bill continues to be to just about everyone associated with him?). mostly they are crazed because he is talking shit in a manner we assume a former head of state would find themself above. which raises another question - when the hell did bill ever act presidential? are we really surprised to the point that it is newsworthy that this assclown continues to make a mockery of what once was a prestigious position? about the only "presidential" thing he ever did was fuck the common people for big business and order some arabs be killed. your time has passed bill...go away. for the sake of this nation. for the sake of the world. go away. you are not a great man. you never were a great man. you never will be a great man. you are a poser. you are a sell out. you are a shitbag. and you are just as responsible for all this bullshit as the current crop of fuckups...don't think we don't recognize that.

a deal was struck on tax "rebates" to stimulate the economy. (disclaimer - the economy is doomed...contrary to popular belief, the last decades set us up for this, bill and the boy king hastened and hardened the fall...you can't escape history). some conservatives are pissed off because the rebates will also go to people too poor to pay income taxes. let that sink in for a moment....

there you go. now next time these fucks try to tell you they care about you - the next time the conservative movement tries to grab your vote through "moral" issues (which, if you will notice, they never do anything about - perhaps because if they "fixed" the problems they would not have anything to distract your attention from the royal ass-fucking they've been giving you for decades)...remember that they didn't want you to get any tax relief because you are too poor to qualify.

you can fight it but this feeling is starting to stick...

Wednesday, January 23, 2008

when justice no longer matters: a case study in mandatory minimums and jury nullification...

approximately three years ago a woman was intoxicated and traveling southbound on interstate 25 in albuquerque...unfortunately, the 4runner she was driving rear-ended a small car. the 4runner hit above the frame of the car and the soft part of the car crumpled, killing a 7 year old boy in the back seat. the woman had never been in trouble before, not even a speeding ticket. but when she fucked up, it had tragic consequences. well, the state (after a lengthy and inexplicable delay in moving the case forward) pushed the envelope of the law and decided to use this as a test case. see, it seems pretty damn clear that this was vehicular homicide...nobody ever contested that - the female driver was willing to plead guilty to the proper charge from day one...but the district attorney wouldn't allow it. instead, the prosecutors decided it was time to move the law in a new direction and declare that vehicular homicide resulting in the death of a child in a sepearate vehicle was child abuse resulting in death - because it wanted to trigger the mandatory minimum sentence three times as long as the longest sentence for vehicular homicide. the prosecutors wanted to change the law so that any crime which endangers the general public can be prosecuted as child abuse.

and so they refused to even talk of a plea in this matter. and the victims had to continue to suffer for nearly three years rather than begin to move on immediately as would have been possible had the prosecutors accepted a plea to vehicular homicide (which still carried up to 6 years). and the victims had to go through a trial...only because the prosecutors wouldn't give up the mandatory minimum that goes with child abuse. and in the end, the jury compromised, thinking it was picking a lesser crime - when in reality all it did was give the same crime a different slant with the same minimum mandatory.

and the jury never knew what it was doing. the jury was never informed that by finding guilt it was setting the sentence, that the judge's hands would be tied and he would have virtually no control over the sentence metted out based upon the verdict. (side note - as amended, the mandatory sentence for this crime would now be life - so you kill a kid that is 17 years and 364 days, you get life - if the kid was 18 years and 1 day, you get 6 years). rather, thanks to a system which developed in the days of indeterminate sentencing, when the verdict truly did not determine the sentence, the jury was not allowed to hear the law as it related to sentencing and was specifically told to ignore the consequences of its verdict.

this is not how our jury system was designed to work - and the use of mandatory minimums without instructing and educating juries of their constitutional power of nullification, or at least giving them the tools to decide to nullify without specific instruction on the subject, is violating your right to a trial by jury and your rights as jurors. mandatory minimums (the effectiveness of which have been shown to be basically null) have given juries the near-exclusive power to decide sentences for actions - and they are never told this is what they are doing.

see, juries are the ultimate check on governmental power. they are the last and most direct stand of the common folk against abusive and oppressive government. they are your opportunity to declare what is truly the conscience of the community (since we all know legislators stopped playing that role long ago). and for this reason, juries have the constitutional right to nullify - they have a constitutionally protected ability to tell the government "fuck you - we don't care what the evidence shows, this prosecution offends us as representatives of the community" or "fuck you - this law is bullshit." and this is a power they must utilize in an age when prosecutorial discretion can effectively set the sentence for defendants (by picking the crimes to charge, prosecutors can basically determine who gets what sentence, as shown above).

unfortunately, this tends to mean that those persons with the least amount of pull in the rest of the governmental process end up getting the brunt of criminal prosecutions (hence the overwhelming disparity in charging and incarceration rates for minorities). this is why the jury is so important - and why they must be allowed to effectively utilize their power. how are they to adequately serve as a check on oppressive prosecutions if we deny them, at the very least, the information necessary to decide whether or not nullification is appropriate? how are they to properly serve their purpose if they are instructed to ignore their constitutionally protected power?

it isn't just the rights of accused that are getting trampled by this misinformed policy which promotes governmental abuse and limits the right to a jury trial by preventing defendants from raising legitimate defenses...you, as a member of the community, have the right to tell the prosecution that regardless of the level of proof, the mandatory sentence in a particular case is inappopriate. don't ever forget that if you get on a jury...and demand the information necessary by writing questions to the judge repeatedly. as it sits, you are being denied this opportunity at every criminal trial in almost every jurisdiction in this country. that alone should offend you enough to forever declare as a juror that the state can kiss your ass and find somebody else to declare guilt and punishment.

I will swing free until they cut me down...

Tuesday, January 22, 2008

throwing down and ignorant semantics...

obama and hillary took off the gloves for real last night...and edwards took the high ground for the most part (which disappointed me...I love the man's ability to rant...as I was telling a friend last night, they should teach it - it really is an art form). of course none of them said much of substance - as has become par for the course in presidential politics - never say anything that might be used against you. (which also disappoints me from obama, because back in the day he did not have the same amount of fear of doing the politically unpopular if it was right). a few thoughts on some aspects of the debate...

initially, one of the sections I caught was obama being asked about bill clinton being the first black president. while his answer was cordial, entertaining and intelligent - I don't think he should have answered the question, and if he did, he should have gone on an edwards-esque rant about rich white southern men selling out all but the richest being called a "black president." but hey america...if it makes you feel less bigoted to claim you've had a black president, feel free to shout it from the rooftops.

another bit I managed to actually pay attention to was a colluquy between the two front runners concerning high incarceration rates of blacks - which obama correctly pointed out, are arrested more often, prosecuted more often and sentenced to longer sentences more often than whites for the same crimes. I kept waiting for obama to point out the obvious (which he missed a golden opportunity) and remind the world that this problem was exacerbated by bill's administration (and I know, I know, hillary is not bill...problem is, when you get the same family in the white house, the same interests tend to come around and become even more entrenched - as we are currently witnessing). it left the door open for hillary to spout off the same crap without having to acknowledge the roots of the problem.

a rather amusing moment came when hillary tried to talk about how great things were for blacks during the 90's by using some slanted statistic that said the income of blacks went up about $7000 during the 90's. if you were paying attention you noticed there was no applause at that moment...she was expecting it, but none came. because for the vast majority of people - the 90's weren't an economic boom...they were a massive drain of resources up the ladder. I could imagine folks in the audience turning to each other and asking "where the fuck was my increase in pay?"

and they all went on to say pretty much that they would be able to beat mccain (and I'm still saying the establishment will force romney through). hillary went about it by saying the next election would be another national security election (because she would make it that way if she gets the nod - welcome to the third round of how not to win a presidency) and how she could stand on her record next to mccain. of course she could - she is mccain with a vagina. she voted for the war - and then used her own idiocy as an excuse with the "I didn't think they would use a green light for war to go to war" - and she continues to throw money at it - and then wants us to focus on the downturn in the economy without taking any responsibility for her role in it.

but the most important thing I took from the debate...hillary is not the "tough one" as she tries to set herself out to be. forget about being able to handle the campaign the republicans will wage (which she reminds us all the time how she is able to do it) and her almost breakdown during a rather civil primary (which I only bring up because she claims to be super-human in toughness)...obama showed he also is a tough bitch. saw what you will about the man...but he did spend time working in the inner-city...up close and personal with the people that the rest of us like to talk about how much we care as long as we don't have to really feel their pain (as much as bill wanted you to believe he felt your pain...he didn't feel shit - unless it was the inside of a woman with severe self-respect issues). he showed he can throw punches when necessary...and when romney is on the other side, he'll get a hell of a chance to do it.

this morning I caught some bad morning show...hoping to hear that a lot of snow was coming my way. I was treated to a reminder that fools will continue to tell us that "illegal immigration is a problem" in this country. its a tricky ploy really...and kudos to the right-wing schmucks that have distracted you with it, because now you can be pissed at an "other" when you are out of work that isn't actually the people responsible - which lets them continue on with destroying your life while you applaud their efforts to do so. we do not have a "problem" with illegal immigration. we have large numbers of illegal immigrants. our country could not run without them. they are not draining our resources. they are assimilating. they are no more likely to commit actual crime than the fuckheads born at your local hospital. the "problem" we have is that we consider people coming to america a "problem" to be fixed. I've said it before - don't be fearful that so many people will go to such lengths to come to this country and work shit jobs for pathetic pay...be scared when they stop wanting to come. and that day may be much closer than you think...

I'm feeling good about the bad...

Sunday, January 13, 2008

when politicians dodge responsibility...

I managed to catch meet the press this morning. it appears certain members of the press may be getting back to asking serious, hard questions of our "leaders" now that pushing the public to support an ill-advised war is not an issue. hillary clinton was on this time...and russert actually went after her. the entire thing turned into one big "I am not responsible for anything" speech from the shiny librarian. it began with her vote for war against iraq, which she claims wasn't really a vote to authorize military force, but just a vote to scare saddam. she tried to hide behind the usual "I had no idea they would use military force if they were authorized to use military force" argument which we have come to love from spineless democrats that don't have the balls to say "I was wrong." (which makes them good leaders...because never admitting you fucked up is a sign of strength in this country). and when asked if obama had better judgment in speaking against the war in iraq at the same time she was voting for it and pretty much setting forth exactly what would happen before calling it a "dumb war" - hillary responded with "he supported john kerry in 2004." (feel free to slap your forehead here).

but what really blew my mind in the interview was something that I doubt many picked up on. she tried to change the topic of discussion off the war by mentioning that people are telling her how concerned they are about the economy and losing their jobs and how we are heading towards a recession. and this is where russert blew it again...

here's the thing hillary and all you people that bought that bullshit from her...the economy is hitting the shits largely because of the war you voted for and continue to throw money at. its the same old story time and time again since the beginning of western civilization. collective people gain advantage with money (typically through an advance in manufacturing)...then use that manufacturing advantage to become an economic hegemon...then use that to conquer...then let the world become their workshop......fall in love with "globalization" (or whatever it is being called at the time) and financialization...then start spending obscene amounts of money on the military and warfare...military overstretch...plenty of militarism...millenialism...conservative backlash. and then the economy goes down spectacularly. end of hegemony. its a pretty simple tale, repeated since the greeks. look it up.

so hillary...when you tell me how concerned you are about the economy...I remember you wanted universal healthcare before NAFTA, but then I remember you voted for the war, and every funding bill since, that has hastened the fall. and I remember that anyone with half a fucking brain and a very basic knowledge of history would understand the consequences of such boneheaded actions is economic downturn. and then I want to smack the shiny librarian right out of you. because you are just as much to blame...woman up and take responsibility.

which reminds me...this year, for the first time since the 1800's the average brit will make more than you. hate to say I told you so...but in the immortal words of short round - "hang on lady, we going for a ride."



With vision blurred by spectacle our common senses have been dulled.
The grey has turned to black and white - I've got a target in my sights - I've got a fix.

Got a brand new pair of glasses, and a pocket full of matches -
Everything is clearer, the problem's in the mirror.

You're out of focus, out of truth - A blind spot in your point of view.
The doctors say they have a cure, but their prescriptions never work
I've got a fix.

This town needs a fire, it's gotta be rewired. Break all the connections,
and cut out the infection.

When 20/20's not enough, and second sight brings second thoughts.
When what you see is what you get, and what you want is to forget -
I've got a fix.

Got a brand new pair of glasses, and a pocket full of matches.
Everything is clearer, the problem's in the mirror -

This town needs a fire, it's gotta be rewired. Break all the connections,
and find a new direction.

Friday, January 04, 2008

can’t tell the bottle from the mountaintop...

so unemployment is rising...hitting a two year high and not showing much signs of slowing down. bush is proposing giving more money back to the rich to combat it. hmmm...anyone else notice that the "growth" that occured from bush's tax cuts was front loaded? funny, the tax "cuts" were also front loaded with benefit to those not being filthy rich (remember those $300 checks you got?)...and now that the true cuts are going into effect, here comes a recession. but hey, some fuckhead took a class in economics that said friedman is always right...so the answer is to give more money away to the rich.

there was a time when civilians were deliberately targeted in an effort to change the political will of certain societies. it was called terror-bombing. it got curtis lemay promoted through the united states air force. I'm just saying...maybe we should be careful about moral absolutes, because if they are absolutes, then we are responsible for fucking them up too...

obama won fairly handedly in iowa. the dynasty took third. perhaps the democratic party is waking up...despite everything the democratic party does to quash it.

pet food that kills kittens led to a $3,000,000 payout. food that is known to kill humans is marketed towards children and the poor...and we rant about our "lawsuit happy" society. discuss...

mike huckabee will not be liked by the people that matter in the republican party, and they will not allow him to win the nomination.

and yes, I am saying the christian right doesn't matter in the republican party. they are pawns...but they've begun to figure this out.

not that it matters to the people that matter in the republican party. they already got what they want and in such a manner that going backwards will be next to impossible. besides...by the time the whole system falls apart they'll be too rich to give a fuck...or dead.

amy fisher has a sex tape...and two kids. how the fuck do you explain to your kids that you are amy fisher? in a sex tape?

headline after the mitchell report was released (referencing roger clemens) - "he took it in the butt"...that's just quality journalism...

the states are overstepping their limits according to the bush administration (those stalwarts of state's rights). this time they are trying to expand health care to cover families that can't afford it otherwise. I gotta say, I'm with the boy king on this one...I mean, for fuck's sake, if you can't afford medicine for your kid and food on the table and a roof over their head you obviously aren't working hard enough. quit your bitching and get a fourth job...what's that? hiring is drastically slowing now that the boy king's tax cuts are coming into their own? well then that it just more incentive for you to become a billionaire. try five jobs you lazy fuck. I bet you're an immigrant.

seriously...how many times do they have to fuck up the economy before "economists" start to wonder if maybe they are wrong? I'm just saying, if they were a football coach they'd be fired mid-season.

but then as long as they keep us caring more about the superbowl than super tuesday...they win.

the National Academy of Sciences wrote a book (again) about how teaching creationism (whatever wonderful name you want to call it) in a science class is completely boneheaded. only this time they tried to explain it to joe fuckhead that just doesn't get that science and religion don't mix. science can't explain religion. religion can't explain science. science doesn't try to explain, verify, or debunk religion. science doesn't give two shits about religion. and if your religion gives two shits about science...you just may want to question your love of your possessions.

the boy king wants us to pat him on the back because 50,000 more folks are getting aids medication thanks to his efforts. something tells me 50,000 is a pretty pathetic increase and that much more was possible. here's betting 50,000 would be paltry to the number that could be getting help if it weren't for his bullshit right-wing strings attached.

the cia is a disaster to constitutional democracy and must be disbanded. somehow, I find it hard to believe that the founding generation would be anything but horrified at the executive having what amounts to a private army, unaccountable to the people, with a black budget. but then I only studied early american history...I haven't listened to rush lately.

here's hoping for serious change...because I haven't been polishing up my foreign languages...

please forgive me if I act a little strange...