Eeyore's News and View

eWest Allis man not guilty in open carry gun case
By Linda Spice of the Journal Sentinel
Posted: Feb. 17, 2009
West Allis - As Brad Krause planted a tree in his yard last summer, a neighbor noticed that in addition to a shovel, Krause had a tool not usually required for yard work - a gun in a holster.
Police arrived and gave Krause a ticket alleging disorderly conduct, launching a case that a national gun-rights group has been watching for months.
On Tuesday, Krause won acquittal in what some advocates say is one of the first so-called open-carry gun cases heard in a Wisconsin court.
Municipal Judge Paul Murphy said he had reviewed several state statutes and court cases related to the right to keep and bear arms. "There being no law whatsoever dealing with the issue of an unconcealed weapon or the so-called open carry is why we're here today," Murphy said.
In the end, he determined Krause's actions did not rise to disorderly conduct and found him not guilty.
City Attorney Scott Post declined to comment Tuesday.
Police responded to Krause's home in August after the neighbor called. They arrested Krause, gave him a disorderly conduct ticket and seized his gun.
Krause hired an attorney, Steven Cain, and fought the charge during a court trial in December.
After Murphy's ruling Tuesday, Krause said the significance of the case extends beyond gun rights.
"The reason people are upset about this is it's not about guns. It's about civil liberties. And we obviously have a property issue. There was no warrant issued, no exigent circumstances, no permission to enter the property, yet the police stormed in with guns drawn and put my life at risk," Krause said. Asked why he was carrying a gun to plant a tree, Krause said, "There's no requirement to justify why you're able to exercise constitutional rights. I and everyone else are able to go to church, they're able to vote, they're able to speak their mind. Even though the city might not like it, we have that right."
His attorney said the overarching issue in the case was whether it is legal to openly carry a gun.
"The law in Wisconsin really only limits concealed carry," Cain said. Cain argued that the U.S. Supreme Court decision last year that found Washington, D.C.'s gun ban unconstitutional concluded that open carry is "an individual right that shouldn't be abridged by law enforcement. That's what the case is generally all about."
West Allis Deputy Chief Rick Balistrieri said Tuesday's verdict will not change the way his officers respond to similar calls, noting they must assess all calls on a case-by-case basis, particularly when a gun is involved.
Krause's case had been one of several around the country followed closely and promoted by Virginia-based OpenCarry.org.
"Really, the larger issue is not even a gun rights issue," said organization co-founder John Pierce. "It's the issue of having a disorderly conduct statute that is a catch-all statute for otherwise legal behavior."
http://www.jsonline.com/news/crime/39722082.html

3rd Earthquake In As Many Weeks Rattles New Jersey
2.3 Magnitude 'Quake Shakes North-Central Jersey
MORRISTOWN, N.J. (CBS/AP)
For the third time in three weeks, a small earthquake has rattled an area of north-central New Jersey.
No damage or injuries were reported from the 2.3 magnitude quake, which was recorded shortly before 1:42 a.m. Wednesday.
Scott DiGiralomo, a coordinator with the county's office of emergency management, says the epicenter was just over a mile outside Dover. It was felt mostly by people in Denville and Randolph.
The quake is the third to hit Morris County since Feb. 2.
A 3.0 magnitude earthquake rattled windows and alarmed residents on Feb. 2. That quake was centered in Rockaway, Dover and Morris Plains.
A 2.2 magnitude quake on Valentine's Day shook residents in Boonton and neighboring Montville.
http://wcbstv.com/local/morristown.third.earthquake.2.937632.html

Russian stocks tumble, trading suspended
By Polya Lesova
Last update: 10:24 a.m. EST Feb. 17, 2009
NEW YORK (MarketWatch) - Russian stocks tumbled Tuesday, prompting the RTS and the Micex stock exchanges to suspend trading for one hour at 4:05 p.m. Moscow time. The dollar-denominated RTS stock index plunged 9.4%, while the ruble-denominated Micex stock index fell 9.6%. The decline in Russia followed a tumble in oil prices and declines on global stock markets. In New York, the Market Vectors Russia ETF (RSX:RSX
), which tracks the Russian markets, tumbled 14.4%.
http://www.marketwatch.com/news/story/Russian-stocks-tumble-trading-suspended/story.aspx?guid={8FB99F30-712D-4980-A861-8C070365C221}

Keyes: President 'has something to hide' about eligibility
Says Dem 'asked to be chosen, therefore must answer'
Alan Keyes, a 2008 presidential candidate who now is a plaintiff in one of the many lawsuits seeking to verify whether Barack Obama qualifies under the U.S. Constitution's requirements to occupy the Oval Office, says the tactics adopted by lawyers for the president confirm there is an issue for the courts to investigate.
Keyes, who was the candidate of the American Independent Party, cited a recent exchange with lawyers representing Obama in which they warned they might seek monetary penalties against those raising the question of Obama's eligibility under the Constitution's requirement that the president be a "natural born" citizen.
"It confirms the common sense suspicion that he won't act forthrightly in this matter because he has something to hide," Keyes wrote on his blog after WND reported the warning about "sanctions" was raised by Obama's defense lawyers.
The onetime U.S. ambassador explained on his posting that those raising questions over Obama's elibigility – so far – have simply been ignored by courts.
"In effect, the courts are refusing to admit plaintiffs on this matter into the courtroom, thereby denying them justice," he wrote. "Madison wrote, 'Justice is the end of government. It is the end of civil society. It will be pursued either until it be obtained or until liberty be lost in the pursuit.'"
"The denial of justice is thus a despotic act that violates the basis not only of just government, but of civil society itself," Keyes wrote.
Obama voluntarily placed himself in the position of being asked to provide his information, he said.
"Given the Constitutional requirement, the only fact citizens need to justify their suit is the fact that Obama ran for president. He asked to be chosen, and therefore must answer the eligibility question," Keyes wrote,
Where's the proof Barack Obama was born in the U.S. or that he fulfills the "natural-born American" clause in the Constitution? If you still want to see it, join more than 240,000 others and sign up now!
"In the final analysis if the courts refuse to respect the Constitution, they are not the judges of their own action. The people must ultimately decide. Which is why I and others will use every outlet to inform them of the injustice being done not just to individuals but to the sovereign people as a whole," Keyes said.
WND has reported on multiple legal challenges that have alleged Obama does not meet the "natural born citizen" clause of the U.S. Constitution, Article 2, Section 1, which reads, "No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President."
Some claim he was not born in Hawaii, as he insists, but in Kenya. Obama's American mother, the suits contend, was too young at the time of his birth to confer American citizenship to her son under the law at the time.
Other challenges have focused on Obama's citizenship through his father, a Kenyan subject to the jurisdiction of the United Kingdom at the time of his birth, thus making him a dual citizen. The cases contend the framers of the Constitution excluded dual citizens from qualifying as natural born.
Several details of Obama's past have added twists to the question of his eligibility and citizenship, including his family's move to Indonesia when he was a child and on what nation's passport he traveled to Pakistan in the '80s, as well as conflicting reports from Obama's family about his place of birth.
The Keyes case is being handled largely by Gary Kreep of the United States Justice Foundation, but others playing a key role in the legal actions include Orly Taitz of California as well as Philip Berg, both of whom already have had their arguments rejected as not worthy of hearing by the U.S. Supreme Court.
In a commentary on the dispute, Keyes wrote that the suggestion of sanctions "confirms Obama's ruthless determination to destroy anyone who continues to seek the information the Constitution requires.
"Why should they demand penalties against citizens who are simply seeking the enforcement of the Supreme Law of the Land? It is simply because their persistence runs contrary to the will of a supposedly popular demagogue? This smacks of tyrannical arrogance. That Obama thus signals his intent to bring financial ruin on those who won't accept his cover-up of the circumstances of his birth is a tactical escalation," Keyes said.
"As one of the targets of this escalation, I need no more convincing proof of the ruthless disposition so far successfully masked by his empty rhetoric of hope and change. Obviously he means to offer hope only to those willing to surrender their most basic rights. To any who insist on questioning his actions, he offers the drastic change of ruin and destruction. So be it. We shall be among those who learn firsthand the meaning of the sacrifices made by the Founders of our free republic, as they pledged and gave up their lives, their fortunes and the world's esteem," Keyes said.
The legal sanctions being sought are not the only obstacle facing those who say they want to investigate the truth of Obama's eligibility. Four state lawmakers in Tennessee recently agreed to act as plaintiffs in a case being assembled by Taitz, and immediately were attacked by columnist Gail Kerr in the Nashville Tennessean, who compared their plan to "a resolution honoring the Easter Bunny for doing such a great job with the annual colored egg delivery system."
The columnist wrote that Obama's campaign already has released documentation of his birth.
"They put it on their Internet site. Obama's mother was a U.S. citizen. His father was from Kenya. The man was born on Aug. 4, 1961, in Hawaii. That, fellows, is a state. As in the 'United STATES of America.' It counts. See?" Kerr wrote.
Critics, however, have pointed out that the "Certification of Live Birth" posted by the Obama campaign and cited by various "truth" organizations is not the same as a birth certificate, and in fact under Hawaii law at the time was granted to babies who were not born in Hawaii.
Taitz wrote that her supporters should send "flowers, candy, banners, appreciation cards, teddy bears with big love sign and thank you sign to these courageous lawmakers: Eric Swafford, Glen Casada, Stacey Campfield and Frank Niceley."
The suggestion for sanctions came after Kreep sought records from Occidental College about Obama's attendance there.
The lawyer for the college, Stuart W. Rudnick of Musick, Peeler & Garrett, urgently contacted Fredric D. Woocher of Strumwasser & Woocher.
"This firm is counsel to Occidental College. The College is in receipt of the enclosed subpoena that seeks certain information concerning President-Elect Barack Obama," he wrote via fax. "Inasmuch as the subpoena appears to be valid on its face, the College will have no alternative but to comply with the subpoena absent a court order instructing otherwise."
Within hours, Woocher contacted Kreep regarding the issue, telling him, "It will likely not surprise you to hear that President-elect Obama opposes the production of the requested records.
"In order to avoid the needless expense of our bringing and litigating a Motion to Quash the subpoena, I am writing to ask whether you would be willing to agree voluntarily to cancel or withdraw the subpoena."
Woocher warned, "Please be advised, in particular, that in the event we are forced to file a motion to quash and we prevail in that motion, we will seek the full measure of monetary sanctions provided for in the Code of Civil Procedures."
Here is a partial listing and status update for some of the cases over Obama's eligibility:
Philip J. Berg, a Pennsylvania Democrat, demanded that the courts verify Obama's original birth certificate and other documents proving his American citizenship. Berg's latest appeal, requesting an injunction to stop the Electoral College from selecting the 44th president, was denied.
Leo Donofrio of New Jersey filed a lawsuit claiming Obama's dual citizenship disqualified him from serving as president. His case was considered in conference by the U.S. Supreme Court but denied a full hearing.
Cort Wrotnowski filed suit against Connecticut's secretary of state, making a similar argument to Donofrio. His case was considered in conference by the U.S. Supreme Court, but was denied a full hearing.
Former presidential candidate Alan Keyes headlines a list of people filing a suit in California, in a case handled by the United States Justice Foundation, that asks the secretary of state to refuse to allow the state's 55 Electoral College votes to be cast in the 2008 presidential election until Obama verifies his eligibility to hold the office. The case is pending, and lawyers are seeking the public's support.
Chicago attorney Andy Martin sought legal action requiring Hawaii Gov. Linda Lingle to release Obama's vital statistics record. The case was dismissed by Hawaii Circuit Court Judge Bert Ayabe.
Lt. Col. Donald Sullivan sought a temporary restraining order to stop the Electoral College vote in North Carolina until Barack Obama's eligibility could be confirmed, alleging doubt about Obama's citizenship. His case was denied.
In Ohio, David M. Neal sued to force the secretary of state to request documents from the Federal Elections Commission, the Democratic National Committee, the Ohio Democratic Party and Obama to show the presidential candidate was born in Hawaii. The case was denied.
In Washington state, Steven Marquis sued the secretary of state seeking a determination on Obama's citizenship. The case was denied.
In Georgia, Rev. Tom Terry asked the state Supreme Court to authenticate Obama's birth certificate. His request for an injunction against Georgia's secretary of state was denied by Georgia Superior Court Judge Jerry W. Baxter.
California attorney Orly Taitz has brought a case, Lightfoot vs. Bowen, on behalf of Gail Lightfoot, the vice presidential candidate on the ballot with Ron Paul, four electors and two registered voters.
In addition, other cases cited on the RightSideofLife blog as raising questions about Obama's eligibility include:
In Texas, Darrel Hunter vs. Obama later was dismissed.
In Ohio, Gordon Stamper vs. U.S. later was dismissed.
In Texas, Brockhausen vs. Andrade.
In Washington, L. Charles vs. Obama.
In Hawaii, Keyes vs. Lingle, dismissed.
WND senior reporter Jerome Corsi had gone to both Kenya and Hawaii prior to the election to investigate issues surrounding Obama's birth. But his research and discoveries only raised more questions.
The governor's office in Hawaii said there is a valid certificate but rejected requests for access and left ambiguous its origin: Does the certificate on file with the Department of Health indicate a Hawaii birth or was it generated after the Obama family registered a Kenyan birth in Hawaii, which the state's procedures allowed at the time?
http://www.worldnetdaily.com/index.php?fa=PAGE.view&pageId=89078

Nationalizing the banks is a another step towards socialization, very bad step for the country. The problem is they won't know when to quit. Reminds me of the story i saw about the government taking of the money making brothal in Nevada, called the Chicken Ranch. Once they had it and started to control it, the ranch went from profitiable to losing money. Everything they touch and control they ruin it. If they can not even run a whore house and make money how can they run America's banks?
Greenspan says Obama administration may need to nationalize some banks
President Obama is in Arizona, where just after noon (ET) he is due to unveil a $50 billion plan intended to help homeowners stay in their homes, USA TODAY's Rich Wolf writes. The Arizona Republic adds that the plan is "expected to offer assistance to struggling homeowners and push lenders to restructure loans and lower mortgage rates."
• The Financial Times -- Greenspan says it may be necessary to nationalize some banks: As the Obama administration continues to work on its plan for shoring up the bank and financial sectors of the economy, the FT writes that:
The US government may have to nationalise some banks on a temporary basis to fix the financial system and restore the flow of credit, Alan Greenspan, the former Federal Reserve chairman, has told the Financial Times. In an interview, Mr Greenspan, who for decades was regarded as the high priest of laisser-faire capitalism, said nationalisation could be the least bad option left for policymakers. "It may be necessary to temporarily nationalise some banks in order to facilitate a swift and orderly restructuring," he said. "I understand that once in a hundred years this is what you do."
• The New York Times -- "Obama's war on terror may resemble Bush's in some areas": "Even as it pulls back from harsh interrogations and other sharply debated aspects of George W. Bush's 'war on terrorism,' the Obama administration is quietly signaling continued support for other major elements of its predecessor’s approach to fighting al-Qaeda. In little-noticed confirmation testimony recently, Obama nominees endorsed continuing the CIA's program of transferring prisoners to other countries without legal rights, and indefinitely detaining terrorism suspects without trials even if they were arrested far from a war zone. The administration has also embraced the Bush legal team's arguments that a lawsuit by former C.I.A. detainees should be shut down based on the 'state secrets' doctrine. It has also left the door open to resuming military commission trials."
• Detroit Free Press -- Automakers present Obama with another crisis: Yesterday's word from General Motors and Chrysler that they need a quick infusion of $7 billion, and $39 billion more in aid over all, presents "yet another economic crisis for President Barack Obama in his first month in office. ... White House spokesman Robert Gibbs said the president's auto task force will review the reports closely in the next few days. 'It is clear that going forward, more will be required from everyone involved -- creditors, suppliers, dealers, labor and auto executives themselves -- to ensure the viability of these companies going forward,' he said."
http://content.usatoday.com/communities/theoval/post/2009/02/63005211/1

Another attack of stupid,
Report: Fetal stem cells trigger tumors in ill boy
February 17, 2009 - 7:59pm By LAURAN NEERGAARD AP Medical Writer
WASHINGTON (AP) - A family desperate to save a child from a lethal brain disease sought highly experimental injections of fetal stem cells _ injections that triggered tumors in the boy's brain and spinal cord, Israeli scientists reported Tuesday.
Scientists are furiously trying to harness different types of stem cells _ the building blocks for other cells in the body _ to regrow damaged tissues and thus treat devastating diseases. But for all the promise, researchers have long warned that they must learn to control newly injected stem cells so they don't grow where they shouldn't, and small studies in people are only just beginning.
Tuesday's report in the journal PLoS Medicine is the first documented case of a human brain tumor _ albeit a benign, slow-growing one _ after fetal stem cell therapy, and hammers home the need for careful research. The journal is published by the Public Library of Science.
"Patients, please beware," said Dr. John Gearhart, a stem cell scientist at the University of Pennsylvania who wasn't involved in the Israeli boy's care but who sees similarly desperate U.S. patients head abroad to clinics that offer unproven stem cell injections.
"Cells are not drugs. They can misbehave in so many different ways, it just is going to take a good deal of time" to prove how best to pursue the potential therapy, Gearhart said.
The unidentified Israeli boy has a rare, fatal genetic disease with a tongue-twisting name _ ataxia telangiectasia, or A-T. Degeneration of a certain brain region gradually robs these children of movement. Plus, a faulty immune system leads to frequent infections and cancers. Most die in their teens or early 20s.
Israeli doctors pieced together the child's history: When he was 9, the family traveled to Russia, to a Moscow clinic that provided injections of neural stem cells from fetuses _ immature cells destined to grow into a main type of brain cells. The cells were injected into his brain and spinal cord twice more, at ages 10 and 12.
Back home in Israel at age 13, the boy's A-T was severe enough to require that he use a wheelchair when he also began complaining of headaches. Tests at Sheba Medical Center in Tel Aviv uncovered a growth pushing on his brain stem and a second on his spinal cord. Surgeons removed the spinal cord mass when the boy was 14, in 2006 and they say his general condition has remained stable since then.
But was the boy prone to tumors anyway or were the fetal stem cells to blame? A Tel Aviv University team extensively tested the tumor tissue and concluded it was the fetal cells. Among other evidence, some of the cells were female and had two normal copies of the gene that causes A-T _ although that boy's underlying poor immune function could have allowed the growths to take hold.
Using stem cells from multiple fetuses that also were mixed with growth-spurring compounds "may have created a high-risk situation where abnormal growth of more than one cell occurred," wrote lead researcher Dr. Ninette Amariglio of Sheba Medical. She urged better research to "maximize the potential benefits of regenerative medicine while minimizing the risks."
This brain disease wasn't conducive to stem cell therapy in the first place, said stem cell specialist Dr. Marius Wernig of Stanford University, who said it's unclear exactly what was implanted.
"Stem cell transplantations have a humongous potential," Wernig said. But "if people rush out there without really knowing what they're doing ... that really backfires and can bring this whole field to a halt."
http://wtop.com/?nid=106&sid=1604141