November 30, 2005

Hillary's Doctor Offers 'Born Again' Abortions



Editor's note: According to William F Harrison's book review of My Life by Bill Clinton at Amazon -- This guy was Hillary's doctor and a friend of Bill and Hillary since the 70's.

"I am almost 69 years old, and have been a student of all of the presidents of my lifetime, starting with FDR and going to GWB. I have known Bill and Hillary Clinton personally since they both moved to Fayetteville to teach at the University of Arkansas Law School in the early 70s. I met Hillary first as her physician and she soon introduced me to her then boyfriend, Bill.". William F Harrison



Hillary's Doctor Offers 'Born Again' Abortions



Yes, [one of Hillary Clinton's doctors] says, he destroys life. But he believes the thousands of women who have relied on him have been 'born again.'

Los Angeles Times

FAYETTEVILLE, Ark. -- Dr. William F. Harrison has forgotten how many children the woman had. He remembers she was poor and, most vividly, he remembers her response when a physician diagnosed her distended stomach as pregnancy.

"Oh, God, doctor," the woman said. "I was hoping it was cancer."

This was in 1967. Harrison was a medical student and his wife was expecting their third child. It had never occurred to him that a woman would be anything but happy to learn she was pregnant.

The next year, he trained on a maternity ward. In a 24-hour shift, it was not unusual, he said, for four or five women to come in feverish or hemorrhaging from botched abortions.

Harrison opened an obstetrics and gynecology practice, but after the Supreme Court established abortion as a constitutional right in 1973, he decided to take on an additional specialty. Now 70, Harrison estimates he's terminated at least 20,000 pregnancies.

His clinic has not been picketed for years, but Harrison feels very much on the front lines these days.

Debate over President Bush's nominee for the Supreme Court, Samuel A. Alito Jr., has centered on abortion. Activists on both sides warn — or pray — that if Alito is confirmed, the court may one day reverse Roe vs. Wade.

At least a dozen states, and perhaps as many as 30, would probably continue to allow most abortions. But abortion rights activists predict that terminating a pregnancy would become a criminal act across much of the South, the Midwest and the Rocky Mountain region.

In Arkansas, for instance, the state constitution sets out "to protect the life of every unborn child from conception until birth." At least 10 other states — including Illinois, Louisiana, Pennsylvania and Utah — have similar language in their constitutions or legal codes.

Harrison warns every patient he sees that abortion may be illegal one day. He wants to stir them to activism, but most women respond mildly.

"I can't imagine the country coming to that," says Kim, 35, in for her second abortion in two years.

A high school senior says the issue won't weigh heavily when she evaluates candidates. "There's other issues I see as more important," she says, "like whether they'll raise taxes."

Patients asked to be identified only by their first names or, in some cases, by their ages to protect their privacy.

Harrison is beyond such concerns. For several years in the 1980s, his clinic was picketed, vandalized and once firebombed. Protesters marched outside his home and death threats became routine. Harrison responded by making his case.

He answered every phone call, replied to every letter in the newspaper and appeared at public forums to defend abortion rights. Eventually, the protesters in this college town left him alone. (Arkansas Right to Life focuses instead on educating women about alternatives to abortion, Executive Director Rose Mimms said.)

In the years since, Harrison has become more outspoken.

He calls himself an "abortionist" and says, "I am destroying life."

But he also feels he's giving life: He calls his patients "born again."

"When you end what the woman considers a disastrous pregnancy, she has literally been given her life back," he says.

Before giving up obstetrics in 1991, Harrison delivered 6,000 babies. Childbirth, he says, should be joyous; a woman should never consider it a punishment or an obligation.

"We try to make sure she doesn't ever feel guilty," he says, "for what she feels she has to do."

It is a few minutes before 11 a.m. when Harrison raps on the door of his operating room and walks in.

His Fayetteville Women's Clinic occupies a once-elegant home dating to the 1940s; the first-floor surgery looks like it was a parlor. Thick blue curtains block the windows and paintings of butterflies and flowers hang on the walls. The radio is tuned to an easy-listening station.

An 18-year-old with braces on her teeth is on the operating table, her head on a plaid pillow, her feet up in stirrups, her arms strapped down at her sides. A pink blanket is draped over her stomach. She's 13 weeks pregnant, at the very end of the first trimester. She hasn't told her parents.

A nurse has already given her a local anesthetic, Valium and a drug to dilate her cervix; Harrison prepares to inject Versed, a sedative, in her intravenous line. The drug will wipe out her memory of everything that happens during the 20 minutes she's in the operating room. It's so effective that patients who return for a follow-up exam often don't recognize Harrison.

The doctor is wearing a black turtleneck, brown slacks and tennis shoes. He snaps his gum as he checks the monitors displaying the patient's pulse rate and oxygen count.

"This is not going to be nearly as hard as you anticipate," he tells her.

She smiles wanly. Keeping up a constant patter — he asks about her brothers, her future birth control plans, whether she's good at tongue twisters — Harrison pulls on sterile gloves.

"How're you doing up there?" he asks.

"Doing OK."

"Good girl."

Harrison glances at an ultrasound screen frozen with an image of the fetus taken moments before. Against the fuzzy black-and-white screen, he sees the curve of a head, the bend of an elbow, the ball of a fist.

"You may feel some cramping while we suction everything out," Harrison tells the patient.

A moment later, he says: "You're going to hear a sucking sound."

The abortion takes two minutes. The patient lies still and quiet, her eyes closed, a few tears rolling down her cheeks. The friend who has accompanied her stands at her side, mutely stroking her arm.

When he's done, Harrison performs another ultrasound. The screen this time is blank but for the contours of the uterus. "We've gotten everything out of there," he says.

As the nurse drops the instruments in the sink with a clatter, the teenager looks around, woozy.

"It was a lot easier than I thought it would be," she says. "I thought it would be horrible, but it wasn't. The procedure, that is."

She is not yet sure, she says, how she is doing emotionally. She feels guilty, sad and relieved, all in a jumble.

"There's things wrong with abortion," she says. "But I want to have a good life. And provide a good life for my child." To keep this baby now, she says, when she's single, broke and about to start college, "would be unfair."

Politicians on both sides of the abortion debate often talk up adoption as a better alternative. Harrison's patients do not consider it an option.

A high school volleyball player says she doesn't want to give up her body for nine months. "I realize just from the first three months how it changes everything," she says.

Kim, a single mother of three, says she couldn't bear to give away a child and have to wonder every day if he were loved. Ending the pregnancy seemed easier, she says — as long as she doesn't let herself think about "what could have been."

By law, Harrison's staff must offer patients two pamphlets from the state. One lists adoption services and groups that provide free diapers, day-care subsidies and other aid. The second contains photos of the fetus at various stages of development.

Patients don't have to accept either pamphlet. Most wave them away, their minds made up.

For the few women who arrive ambivalent or beset by guilt, Harrison's nurse has posted statistics on the exam-room mirror: One out of every four pregnant women in the U.S. chooses abortion. A third of all women in this country will have at least one abortion by the time they're 45.

"You think there's room in hell for all those women?" the nurse will ask.

If the woman remains troubled, the nurse tells her to go home and think it over.

"If they truly feel they're killing a baby, we're not going to do an abortion for them," says the nurse, who asked not to be identified for fear protesters would target her.

The 17-year-old in for a consultation this morning assures the nurse that she does not consider the embryo inside her a baby.

"Not until it's developed," she says. "That would be about three months?"

"It's completely formed about nine weeks," the nurse tells her. "Yours is more like a chicken yolk."

The girl, who is five weeks pregnant, looks relieved. "Then no," she says, "it's not a baby." Her mother sits in the corner wiping her tears.

Harrison draws his own moral line at the end of the second trimester, or 26 weeks since the first day of the woman's last menstrual period. Until that point, he will abort for any reason.

"It's not a baby to me until the mother tells me it's a baby," he says.

But Harrison refuses to end third-trimester pregnancies, even if the fetus is severely disabled. Some premature infants born at that stage, or even a few weeks earlier, can survive. Harrison believes they may be developed enough to feel pain in utero. Just a handful of doctors around the nation will abort a fetus at this stage.

"I just don't think it should be done," says Harrison, who calls the practice infanticide.

Most women seek abortions much earlier in pregnancy; nearly 90% are in their first trimester. As long as Roe vs. Wade stands, states cannot ban abortions that early but legislatures can impose a variety of conditions.

At least 28 states, including Arkansas, require patients to receive counseling before the day of their abortion. Arkansas is also one of 26 states to require underage girls to get parental consent.

Abortion rights activists say such laws burden women unnecessarily, forcing them to miss work, find child care and pay for transportation to make two trips to the clinic, which may be hundreds of miles away. There's one abortion clinic in Mississippi and one in South Dakota. There are two in Missouri and two in Arkansas.

Amanda, a 20-year-old administrative assistant, says it's not the obstacles that surprise her — it's how normal and unashamed she feels as she prepares to end her first pregnancy.

"It's an everyday occurrence," she says as she waits for her 2:30 p.m. abortion. "It's not like this is a rare thing."

Amanda hasn't told her ex-boyfriend that she's 15 weeks pregnant with his child. She hasn't told her parents, either, though she lives with them.

"I figured it was my responsibility," she says.

She regrets having to pay $750 for the abortion, but Amanda says she does not doubt her decision. "It's not like it's illegal. It's not like I'm doing anything wrong," she says.

"I've been praying a lot and that's been a real source of strength for me. I really believe God has a plan for us all. I have a choice, and that's part of my plan."

Before, after and even during an abortion, Harrison lectures his patients on birth control. He urges them to get on the pill and to insist their partners use condoms.

They promise. But Harrison knows many will be back.

His first patient of the day, Sarah, 23, says it never occurred to her to use birth control, though she has been sexually active for six years. When she became pregnant this fall, Sarah, who works in real estate, was in the midst of planning her wedding. "I don't think my dress would have fit with a baby in there," she says.

The last patient of the day, a 32-year-old college student named Stephanie, has had four abortions in the last 12 years. She keeps forgetting to take her birth control pills. Abortion "is a bummer," she says, "but no big stress."

Harrison does not get frustrated with such patients.

He has learned to focus on the facts he considers most important: This woman does not want to be pregnant. He can give her back control of her life and keep a child from coming into the world unwanted. He believes in this so strongly, he waives his fees for women who can't come up with the money.

Last February, Harrison injured his head in a fall. He underwent three surgeries and spent months in rehabilitation. His wife urged him to retire.

"There's no one to take my place," he told her.

As soon as he felt strong enough, Harrison was back in surgery.

He'll keep at it as long as his stamina holds, or as long as it is legal.

Three abortions before lunch and three more after: The appointment book is always full.

*

(BEGIN TEXT OF INFOBOX)

Abortion in the U.S.

The U.S. abortion rate has been dropping since 1990, but abortion remains one of the most common surgical procedures for women. A quarter of all pregnancies end in abortion. A third of all American women will have had an abortion by the age of 45, according to the Guttmacher Institute, a research organization that supports abortion rights.

Who has abortions

By age:

Under 15: 1%

15-19: 19%

20-24: 33%

25-29: 23%

30-34: 13%

35-39: 8%

40-44: 3%

--

Abortions by gestational age

(Weeks of gestation at time of abortion) BTR Less than 9 59.1%
BTR 9-10 19.0%
BTR 11-12 10.0%
BTR 13-15 6.2%
BTR 16-20 4.3%
BTR 21-plus 1.4%
The normal gestation period is about 40 weeks

Sources: Centers for Disease Control and Prevention, Guttmacher Institute


http://www.latimes.com/news/nationworld/nati
on/la-na-abortion29nov29,0,2003322,full.story

Posted by Editor at 11:14 AM

Focus on the Family Faces IRS Grievance



IRS Asked to Probe James Dobson



DENVER -- A Washington-based group has asked the Internal Revenue Service to investigate whether Focus on the Family or its founder James Dobson violated IRS rules by electioneering.

James Bopp, an attorney for the Colorado Springs-based conservative Christian group, said the group has fully complied with IRS code.

The complaint, filed Monday by Citizens for Responsibility and Ethics in Washington, also asked the IRS to investigate whether the tax-exempt status of Focus on the Family should be revoked. Tax-exempt organizations cannot participate in campaigns for or against candidates for public office.

The group alleges that news articles showed Dobson endorsed candidates for Congress before the organization officially formed its separate public policy arm, Focus on the Family Action, in July 2004.

Bopp said the organization didn't break any rules.

"Anything Dr. Dobson did to endorse candidates, he did as an individual," Bopp said.

___

On the Net:

Citizens for Responsibility and Ethics in Washington: http://www.citizensforethics.org

Focus on the Family: http://www.family.org

Focus on the Family Action: http://www.focusaction.org


http://www.washingtonpost.com/wp-dyn/conten
t/article/2005/11/29/AR2005112900886_pf.html



CREW files IRS Complaint Against James Dobson's Focus on the Family

U.S. Newswire

WASHINGTON -- Citizens for Responsibility and Ethics in Washington (CREW) today filed an Internal Revenue Services (IRS) complaint against Focus on the Family, a non-profit organization led by its founder and chairman James C. Dobson. The complaint asks for the IRS to investigate activities by the group which may violate IRS regulations and require a revocation of its tax-exempt status.

Although barred from electioneering, Dobson has endorsed candidates for political office several times. In early April, 2004, Dobson endorsed Republican Representative Patrick J. Toomey in his race for Senate in Pennsylvania. In addition, it was reported that Dobson actively campaigned during a rally for Rep. Toomey. Other candidates that Dobson reportedly endorsed in 2004 include North Carolina Republican candidate Pat Ballentine for Govenor and Oklahoma Republican candidate Tom Coburn for Senate.

"Mr. Dobson's egregious violations of IRS code demand an investigation into his improper activities that break both the spirit and the letter of IRS law," Melanie Sloan, executive director of CREW said today.

Recently, the IRS has actively pursued investigations against several perceived liberal groups. The IRS targeted the NAACP's chairman Julian Bond for a July 2004 speech in which he criticized the Bush administration's policies on civil rights and the war in Iraq. Additionally, the IRS has threatened to revoke the tax-exempt status of All Saints Episcopal Church in Pasadena, California because of an antiwar sermon there during the 2004 presidential election. In his sermon "If Jesus Debated Sen. Kerry and President Bush," the Rector Emeritus of the church, George Regas, never encouraged parishoners to vote for one candidate over another, but only to vote their deepest values.

Sloan continued, "The IRS has established a track record of scrutinizing organizations, in particular liberal ones, that have purportedly violated electioneering regulations. We hope that the IRS will fully investigate Focus on the Family activities as vigorously as it has targeted those of progressive organizations."

CREW has sent copies of the complaint to Sens. Charles Grassley (R-IA) and Max Baucus (D-MT) in their roles as Chair and Ranking Member of the Senate Finance Committee.

The IRS complaint is available at http://www.citizensforethics.org.

http://www.usnewswire.com/


Posted by Editor at 10:12 AM

Chicago man accused of kidnap for ritual



Girl Kidnaped For Satanic Ritual



CHICAGO -- An 18-year-old Chicago man was arrested after allegedly kidnapping two young children to perform a demonic ritual intended to get back his former girlfriend, authorities said.

David Rodriguez was being held on $500,000 bond. Prosecutors said he and a 15-year-old companion snatched the children Friday outside a South Side library and planned to carve a pentagram in the girl's chest.

Rodriguez apparently needed only the girl, so he released her 8-year-old brother, who told people on the street about the kidnapping, Cook County Assistant State's Attorney Tracy Senica said.

Police found the girl unharmed at Rodriguez's home, and they arrested Rodriguez when he returned with candles and incense.

Rodriguez was charged with two counts of aggravated kidnapping, police spokesman John Mirabelli said.

His grandfather, Julian Rodriguez, called the accusations "ridiculous." He said his grandson was a "good kid."

Related

Teen Accused Of Abducting Girl For Satanic Ritual
CHICAGO -- Authorities believe a teenager accused of abducting two young children in Chicago intended to perform a demonic ritual in order to get a former girlfriend back. Prosecutors said David Rodriguez, 18, and a companion snatched Erika Castillo, 6, and her older brother, Oscar, outside a Little Village library on Friday and planned to carve a pentagram in the girl's chest.

Witchcraft Is Attracting Ever-Growing Numbers
The practice of witchcraft is attracting ever-growing numbers, particularly among young women. A recent attempt to understand its appeal is the book "Wicca's Charm," published in September by Shaw Books. Authored by journalist Catherine Edwards Sanders, the book stemmed from a magazine article she was commissioned to do. Initially dismissive of Wicca, during her subsequent research Sanders came to appreciate that a genuine spiritual hunger was leading people into neo-pagan practices. Sanders, a self-professed Christian, defines Wicca as a "polytheistic neo-pagan nature religion inspired by various pre-Christian Western European beliefs, which has as its central deity the Mother Goddess and which includes the use of herbal magic."

Posted by Editor at 07:50 AM

November 29, 2005

Bible Preaching Pentecostal Pastor Cleared of Hate Speech



Bible Preaching Pastor Cleared of Hate Speech



Pastor Ake Green placed the Bible against Sweden's pro-sodomite hate crimes law and the Word of God wins.

Pastor Ake Green placed the Bible against Sweden's pro-sodomite hate crimes law and the Word of God wins. Sweden’s highest court today acquitted a Pentecostal pastor accused of hate speech for having denounced homosexuality as “a deep cancerous tumour on all of society,” and that sodomites engage in “bestiality”.

Pastor Ake Green’s Bible based sermons are protected by the freedom of speech and religion law, the Supreme Court in Stockholm said in a 16-page ruling.

“If two men sleep with each other, or if two women do so, it is abnormal, just like paedophilia,” Green said in his testimony.

In 2003, Green told his congregation on the small island of Oland that homosexuality was “a deep cancerous tumours on all of society,” warning that Sweden risked a natural disaster because of leniency toward sodomites. He also said sodomites are more likely than others to rape children and animals.

Pastor Green, 64, delivered fiery anti-sodomite sermons two years ago that triggered a legal battle trying the limits of Sweden's hate crimes legislation against freedom of speech laws. Green told the Supreme Court that his sermons were meant to warn sodomites that their lifestyle will result in an “eternal divorce” from God.

Green was convicted in 2004 under Sweden's hate crimes law, which had amended the previous year to include homosexuals, but acquitted on appeal. Pro-sodomite prosecutors had appealed against the appeals court decision to the Supreme Court for a final ruling in the case.

Green said the Supreme Court ruling was a relief both for him other preachers.

"This means we can continue to speak the way we have, and therefore it feels very good that they have ruled in way that that there should not be any infringement in our way of preaching," he told Swedish public radio.

The case attracted widespread international attention, with religious groups saying a conviction would be a threat to freedom of religion and speech.


News Wire Sources

Posted by Editor at 03:00 PM

Pentagon Expanding Its Domestic Surveillance Activity



Pentagon Collecting Info on Us



Fears of Post-9/11 Terrorism Spur Proposals for New Powers

The Washington Post

The Defense Department has expanded its programs aimed at gathering and analyzing intelligence within the United States, creating new agencies, adding personnel and seeking additional legal authority for domestic security activities in the post-9/11 world.

The moves have taken place on several fronts. The White House is considering expanding the power of a little-known Pentagon agency called the Counterintelligence Field Activity, or CIFA, which was created three years ago. The proposal, made by a presidential commission, would transform CIFA from an office that coordinates Pentagon security efforts -- including protecting military facilities from attack -- to one that also has authority to investigate crimes within the United States such as treason, foreign or terrorist sabotage or even economic espionage.

The Pentagon has pushed legislation on Capitol Hill that would create an intelligence exception to the Privacy Act, allowing the FBI and others to share information gathered about U.S. citizens with the Pentagon, CIA and other intelligence agencies, as long as the data is deemed to be related to foreign intelligence. Backers say the measure is needed to strengthen investigations into terrorism or weapons of mass destruction.

The proposals, and other Pentagon steps aimed at improving its ability to analyze counterterrorism intelligence collected inside the United States, have drawn complaints from civil liberties advocates and a few members of Congress, who say the Defense Department's push into domestic collection is proceeding with little scrutiny by the Congress or the public.

"We are deputizing the military to spy on law-abiding Americans in America. This is a huge leap without even a [congressional] hearing," Sen. Ron Wyden (D-Ore.), a member of the Senate Select Committee on Intelligence, said in a recent interview.

Wyden has since persuaded lawmakers to change the legislation, attached to the fiscal 2006 intelligence authorization bill, to address some of his concerns, but he still believes hearings should be held. Among the changes was the elimination of a provision to let Defense Intelligence Agency officers hide the fact that they work for the government when they approach people who are possible sources of intelligence in the United States.

Modifications also were made in the provision allowing the FBI to share information with the Pentagon and CIA, requiring the approval of the director of national intelligence, John D. Negroponte, for that to occur, and requiring the Pentagon to make reports to Congress on the subject. Wyden said the legislation "now strikes a much fairer balance by protecting critical rights for our country's citizens and advancing intelligence operations to meet our security needs."

Kate Martin, director of the Center for National Security Studies, said the data-sharing amendment would still give the Pentagon much greater access to the FBI's massive collection of data, including information on citizens not connected to terrorism or espionage.

The measure, she said, "removes one of the few existing privacy protections against the creation of secret dossiers on Americans by government intelligence agencies." She said the Pentagon's "intelligence agencies are quietly expanding their domestic presence without any public debate."

Lt. Col. Chris Conway, a spokesman for the Pentagon, said that the most senior Defense Department intelligence officials are aware of the sensitivities related to their expanded domestic activities. At the same time, he said, the Pentagon has to have the intelligence necessary to protect its facilities and personnel at home and abroad.

"In the age of terrorism," Conway said, "the U.S. military and its facilities are targets, and we have to be prepared within our authorities to defend them before something happens."

Among the steps already taken by the Pentagon that enhanced its domestic capabilities was the establishment after 9/11 of Northern Command, or Northcom, in Colorado Springs, to provide military forces to help in reacting to terrorist threats in the continental United States. Today, Northcom's intelligence centers in Colorado and Texas fuse reports from CIFA, the FBI and other U.S. agencies, and are staffed by 290 intelligence analysts. That is more than the roughly 200 analysts working for the State Department's Bureau of Intelligence and Research, and far more than those at the Department of Homeland Security.

In addition, each of the military services has begun its own post-9/11 collection of domestic intelligence, primarily aimed at gathering data on potential terrorist threats to bases and other military facilities at home and abroad. For example, Eagle Eyes is a program set up by the Air Force Office of Special Investigations, which "enlists the eyes and ears of Air Force members and citizens in the war on terror," according to the program's Web site.

The Marine Corps has expanded its domestic intelligence operations and developed internal policies in 2004 to govern oversight of the "collection, retention and dissemination of information concerning U.S. persons," according to a Marine Corps order approved on April 30, 2004.

The order recognizes that in the post-9/11 era, the Marine Corps Intelligence Activity will be "increasingly required to perform domestic missions," and as a result, "there will be increased instances whereby Marine intelligence activities may come across information regarding U.S. persons." Among domestic targets listed are people in the United States who it "is reasonably believed threaten the physical security of Defense Department employees, installations, operations or official visitors."

Perhaps the prime illustration of the Pentagon's intelligence growth is CIFA, which remains one of its least publicized intelligence agencies. Neither the size of its staff, said to be more than 1,000, nor its budget is public, said Conway, the Pentagon spokesman. The CIFA brochure says the agency's mission is to "transform" the way counterintelligence is done "fully utilizing 21st century tools and resources."

One CIFA activity, threat assessments, involves using "leading edge information technologies and data harvesting," according to a February 2004 Pentagon budget document. This involves "exploiting commercial data" with the help of outside contractors including White Oak Technologies Inc. of Silver Spring, and MZM Inc., a Washington-based research organization, according to the Pentagon document.

For CIFA, counterintelligence involves not just collecting data but also "conducting activities to protect DoD and the nation against espionage, other intelligence activities, sabotage, assassinations, and terrorist activities," its brochure states.

CIFA's abilities would increase considerably under the proposal being reviewed by the White House, which was made by a presidential commission on intelligence chaired by retired appellate court judge Laurence H. Silberman and former senator Charles S. Robb (D-Va.). The commission urged that CIFA be given authority to carry out domestic criminal investigations and clandestine operations against potential threats inside the United States.

The Silberman-Robb panel found that because the separate military services concentrated on investigations within their areas, "no entity views non-service-specific and department-wide investigations as its primary responsibility." A 2003 Defense Department directive kept CIFA from engaging in law enforcement activities such as "the investigation, apprehension, or detention of individuals suspected or convicted of criminal offenses against the laws of the United States."

The commission's proposal would change that, giving CIFA "new counterespionage and law enforcement authorities," covering treason, espionage, foreign or terrorist sabotage, and even economic espionage. That step, the panel said, could be taken by presidential order and Pentagon directive without congressional approval.

White House spokeswoman Dana Perino said the CIFA expansion "is being studied at the DoD [Defense Department] level," adding that intelligence director Negroponte would have a say in the matter. A Pentagon spokesman said, "The [CIFA] matter is before the Hill committees."

Sen. John W. Warner (R-Va.), chairman of the Senate Armed Services Committee, said in a recent interview that CIFA has performed well in the past and today has no domestic intelligence collection activities. He was not aware of moves to enhance its authority.

The Senate Select Committee on Intelligence has not had formal hearings on CIFA or other domestic intelligence programs, but its staff has been briefed on some of the steps the Pentagon has already taken. "If a member asks the chairman" -- Sen. Pat Roberts (R-Kan.) -- for hearings, "I am sure he would respond," said Bill Duhnke, the panel's staff director.


http://www.washingtonpost.com/wp-dyn/content
/article/2005/11/26/AR2005112600857_pf.html

Posted by Editor at 10:08 AM

Mom On Trial In Drowning Of Newborn In Toilet



Toilet Mom On Trial



MOBILE, AL. -- Jurors in Tina Machelle Graham's murder trial heard a recording Monday of a 911 call the defendant made early last year from her Shalimar Road home in west Mobile, asking for help.

She was asking for help because she was bleeding, prosecutors told jurors as Graham's trial got under way.

She was bleeding, Mobile County Assistant District Attorney Jo Beth Murphree said, because hours earlier Graham had given birth to a "perfect, healthy, seven-pound girl."

The birth occurred at about 2 a.m. on Feb. 15, 2004, jurors gathered before Circuit Judge Rick Stout were told.

Graham's 911 call did not come until as many as eight hours later, according to the prosecutor -- long after Graham had allowed the newborn to drown in a toilet. After Graham gave birth, Murphree said, she wrapped her little girl in a red covering, locked her body in a hall closet, and took a nap.

Only after Graham awoke from the nap, bleeding and in need of help herself -- with no thought for the infant, who by then had already stiffened into rigor mortis, Murphree told jurors -- did she think to seek medical attention.

"She didn't want the baby (and) couldn't afford it," Murphree said of Graham, 39, a woman described by her own attorney as having difficulty holding down jobs and struggling to care for three other children.

She wouldn't get an abortion, Murphree said, and she kept her pregnancy hidden from everyone, including her family.

And then on that Saturday night, the baby came.

Far from the cold-blooded act of destroying an unwanted baby, defense attorney Jeff Deen argued, his client's actions occurred because she was suffering then and now from mental stress and defect and was not responsible.

When her baby was born, Deen said, "this good mother of three daughters ... became frozen. She was not in touch with reality; she was totally out of her mind."

Deen promised jurors he would produce evidence showing that Graham had suffered from mental deficiency since she was a young teenager, had an IQ of under 90 and that her mental problems were hereditary.

When the infant began to emerge from her womb and slip into the toilet, Deen suggested, Graham experienced a "psychotic episode.

"She thought it was stillborn," Deen told jurors. "She was unable to reach down and grab her baby daughter."

During the state's presentation of the tapes, jurors on Monday heard a calm and articulate Graham speaking with emergency workers during a handful of telephone calls.

She asked that there be no sirens as emergency or police vehicles arrived because she didn't want to upset her other children.

At first Graham avoided mentioning the birth of the child and was vague about what was causing her physical distress, but ultimately began divulging what had happened.

"I passed a baby," she said at one point. "I just didn't know what to do. It happened so quick."


http://www.al.com/news/mobileregister/index
.ssf?/base/news/1133259315263651.xml&coll=3

Posted by Editor at 08:57 AM

November 28, 2005

Charges Shed Light On `Cult'



Charges Shed Light On 'Gay' Cult



Tridentine Latin Rite `cult' is likely hiding members accused of sex abuse, police say

BELLEVUE, WA -- The shadowy history of an Eastside church, recognized by many as a cult, has come into focus with new charges of child molestation and an admission by one former member that he molested an 8-year-old boy.

Steven A. Belzak told King County prosecutors that he began sexually abusing an 8-year-old boy at a home in Sammamish for male members of the Tridentine Latin Rite Church. In his confession, he said the abuse went on for three years, beginning in 2000.

Another church member, 20-year-old Justin Kirkland, is charged with first-degree child rape and first-degree child molestation. And last week prosecutors charged a third man, Michael W. Muratore, 21, with first-degree child molestation.

Kirkland and Muratore remain at large, and investigators believe the so-called cult that reared them is protecting them from prosecution.

``It's most likely that the cult is shielding or hiding them,'' said King County sheriff's spokesman Sgt. John Urquhart. ``This breakaway group is not recognized by the (Roman Catholic) church. They're a cult.''

Belzak, now 20, pleaded guilty earlier this month to two counts of child molestation. He is scheduled for sentencing Monday in juvenile court. Prosecutors say they'll recommend a judge send Belzak to intensive sexual deviancy treatment before determining how much time he should serve.

According to charging papers, the victim's mother went to Bellevue police in April 2004 after her son told her he had been molested while living at the Tridentine Latin Rite Church home in Sammamish.

Since her son was 2, the woman told detectives, he had been raised by the men and other boys who lived at the house. She said the church was a cult, and she was allowed to visit her son only twice a year.

She spent those years living with her daughters and other female members of the church at a home in Bellevue. It wasn't until she left the church last year that she learned of her son's abuse, prosecutors said.

The Journal could not reach the now-13-year-old victim or his mother, but she told KING 5 News this week how she learned her son was abused.

``They were raping him and they were telling him that it was OK, that that's what everybody does,'' she said. ``It's very hard to admit that these people that I gave my son to, that I trusted, are the very ones that destroyed his innocence.''

The woman's son told detectives and prosecutors that Muratore was the first to touch him when he was 7 or 8. Three weeks later, he said, Belzak touched him and made him take his clothes off while other boys were sleeping in the room.

He said Kirkland later began molesting him, as well. The abuse went on until he was 11, he said.

On one occasion, he was shut inside a closet with Belzak, when Belzak began touching him. A man who lived with the boys caught them and spanked them both.

Urquhart said there are no allegations of organized or ritual abuse in the church, and the acts didn't occur under the direction of any of the group's leaders. Still, investigators are concerned that sexual abuse of children might be ongoing, and they suspect the church is covering it up.

The church, also is known as ``Fatima Crusaders,'' has refused to cooperate with detectives, Urquhart said, and leaders of the cult have even denied the existence of Muratore.

In fact, many of the children in the group have no birth certificate, Social Security number or any type of documentation. That's why it has taken more than a year to charge Muratore.

``We had a name but it took us a long time to figure out who he was,'' Urquhart said.

In a report about the group published Nov. 25, 2002, in the Seattle Times, Muratore's father and aunt spoke about their decision to join the church.

A truck driver and father of nine, Michael E. Muratore, 48, said he and his wife left a mainstream Christian church when it began to feel more like social club.

``After three or four months, you learned everything,'' Muratore said. ``It left us with an empty feeling. There had to be more to it.''

The man said his faith in God ``gives total purpose to life. When you have a faith -- especially a purpose that says this is a means to an end, God provides opportunities.''

The men of Tridentine Latin Rite Church have since abandoned the house in Sammamish, and police don't know where they're living now.

Police say about 100 members of the Tridentine Latin Rite Church have lived in Renton, Bellevue and Issaquah for the last several years.

The church has no published address or telephone number, and the Journal was unable to reach any representative of Tridentine Latin Rite Church for comment.

The group should not be confused with other sects that broke away from the Catholic Church following global revisions in the way Catholics worship with The Second Vatican Council -- or Vatican II -- in 1965. The changes were intended to broaden the church's reach and appeal.

Some groups formed new churches in opposition to Vatican II ruling to modernize the traditional Tridentine mass by replacing Latin with local vernacular and instructing priests to turn their backs on the holy altar during Mass.

A lay church volunteer who helps organize a weekly traditional Latin mass at St. Joseph Chapel in downtown Seattle, Jason King of Mercer Island, said he and his organization, Una Voce of Western Washington, already have been mistaken for the cult. The difference, he said, is that he is a Roman Catholic and the Mass he organizes is fully recognized by the archdiocese of Western Washington.

``This cult is separate and distinct from the Catholic Church,'' King said. ``It's not recognized by the archdiocese. This cult doesn't even believe that Pope Benedict (XVI) is the pope. They don't believe there's been a pope since Vatican II in 1965.''

At the heart of the mysterious group lies its founder, Francis Konrad Schuckardt, a charismatic leader who considers himself to be the true pope, according to members of the group.

The group's history, as outlined in the book ``The Smoke of Satan: Conservative and Traditionalist Dissent in Contemporary American Catholicism'' by Michael Cuneo is marked by schism, controversy and police raids.

A graduate of O'Dea High School, Schuckardt was one of the original defectors of the church, following Vatican II. The vocal traditionalist was ousted from his congregation and spent decades cultivating a following throughout the Northwest.

Members of his church have described a harsh life with hours of prayer each day. Women and girls must cover their heads and wear long skirts. There have been reports of malnutrition and severe punishment such as shaving the heads of girls and forcing some to kneel during meals.

Former members say the church uses fear to discourage its young followers from running away.

In May 1987, a police SWAT team in California raided a house where the group was staying. They were searching for six children in two separate parental abduction cases. They didn't find the children, but they did find a cache of prescription pain killers, several guns, $75,000 in cash and records of numerous international bank accounts.

The six children turned up elsewhere a few days later, after a new investigation into the cult had begun.

Urquhart said investigators have found no sign of Schuckardt in more than two years. Most likely, he said, Schuckardt is dead, although his church insists he is alive.


http://www.kingcountyjournal
.com/sited/story/html/223654

Posted by Editor at 11:11 AM

Abortions Dropped After Arson



Abortions Dropped After Arson



Abortion makes cost of insurance too high for clinic

OLYMPIA, Washington -- When an arsonist torched their clinic nearly a year ago, Eastside Women’s Health Clinic owners Nancy Armstrong and Shelly Pacheco vowed not to let fear keep them from providing abortions.

But when they reopen the clinic Monday, after a year working out of a double-wide trailer in the parking lot, there will be no more abortions.

It wasn’t the arsonist who stopped them, but their insurance company.

After the Jan. 9 fire, which burned through the roof of the building and destroyed much of the interior, the clinic’s insurance company canceled its coverage. Other insurers quoted them rates more than 10 times what they had been paying.

“The insurance companies think, ‘Oh, you had an arson because you do abortions. We’re not going to insure you,’ ” Armstrong said. “Then the arsonist thinks, ‘Oh, it works.’”

To get a rate they could afford, clinic owners had to agree not to perform abortions.

Eastside Women’s Health had been one of three South Sound abortion providers.

The others, Planned Parenthood and Sound Choice Health Center, both in Olympia, have waiting lists for abortions because of the extra patient load.

Armstrong sometimes sends patients to Tacoma, the next-nearest place to get an abortion, if there’s more urgency than local clinics can meet. The abortion pill, RU486, for example, can only be taken in the very early stages of pregnancy.

Abortions made up less than 5 percent of the clinic’s business, and doctors there are still busy with the primary care and women’s health care they provide to 40 patients a day. They provided abortions to about 400 women a year.

The clinic is one of the only South Sound health care providers to accept insurance coverage from Medicare, Medicaid and the Department of Social and Health Services.

It was difficult for the owners to decide to stop offering abortion services, and difficult to acknowledge that the arsonists had won, Armstrong said.

“But they did win.”

Changes in store

The state constitution guarantees a woman’s right to reproductive choices, including abortion, and any infringement of that right — whether by arsonist or insurer — violates the constitution, some officials say.

“It would be something of an irony if abortion rights were to be taken away not by courts, but by the actions of insurers responding to terrorists,” said State Rep. Brendan Williams, D-Olympia.

Williams, a member of the House Financial Institution and Insurance Committee, has plans he hopes to enact this session to prevent other clinics from suffering the same fate. His idea is to have the state underwrite an insurance risk pool that reproductive health clinics could join.

“One of my concerns is the issue could be larger than the Eastside Women’s Clinic. I could see this happening elsewhere in the state,” Williams said.

Especially now, in the aftermath of Hurricane Katrina, when insurance companies are being especially cautious about risks, abortion clinics could be lumped into a high-risk category that can’t get insurance even if they’ve never been the target of arson or other damage, Williams said.

“It’s appropriate that if the right to reproductive choice is going to be a meaningful one, the state needs to do its job by safeguarding that right,” Williams said.

The state Office of the Insurance Commissioner has also gotten involved with the clinic’s plight, getting the clinic owners an extension on their coverage when their insurer tried to drop them with no warning.

But it can’t force an insurance company to give coverage to something it considers a potential for profit loss.

“Insurance companies don’t have to sign on: If there’s a risk, they can refuse to underwrite that risk,” said John Hamje, deputy insurance commissioner. “My biggest concern about all of this is it may well be, because of that particular aspect of the industry, that somebody — a criminal, or as Rep. Williams has termed them, a terrorist — is able to achieve their criminal ends.”

Investigation continues

Agents from the federal bureau of Alcohol, Tobacco and Firearms determined in January that the fire was arson, but they haven’t caught the arsonist. They haven’t made any arrests so far. The case is still open and active, they said.

“It’s not uncommon to take years to solve arsons. Sometimes you have all but one piece of the puzzle. It could be anything,” special agent Julianne Marshall said. “Even though time has passed, people talk.”

The ATF is offering up to a $15,000 reward for information that leads to an arrest. The statute of limitations on arson is 10 years.

There’s no evidence that the arsonist was an anti-abortion activist, but it’s logical to suspect that, investigators have said.

Anti-abortion protesters have gathered outside the clinic to picket nearly every Thursday since it was founded in 1981. They still do, Armstrong said, even though she told them last month that there would be no more abortions.

Armstrong is outraged by the way the insurance companies have treated her. Abortion is a legal medical procedure; an insurer shouldn’t dictate whether she offers it, she said.

Pro-choice activists see the right to abortion being whittled away by recent limitations federal and state authorities have imposed. But trying to get insured may be the ultimate limiting factor, Armstrong fears.

“That really impedes access, that the insurance companies act that way,” she said. “These things don’t help.”


http://159.54.227.3/apps/pbcs.dll/a
rticle?AID=/20051126/NEWS/51126001

Posted by Editor at 07:40 AM

November 26, 2005

Paul deParrie Arrested!



Pro-Life Preacher Arrested!



by Paul deParrie

On November 21, 2005, at about 9:30 a.m. I parked my car downtown about three blocks from the area of the South Park Blocks where I intended to minister to Portland State University students. Tim, a street preacher, was with me. He was going to preach and I was going to hold my 4’X5’ anti abortion sign. We walked up to the part of the park where Montgomery Street intersects the campus and the park (see diagram). There is a broad walkway beginning at Broadway which goes West between the Smith Building and another campus building and proceeds through the park to the other side. This walkway is about 40 to 50 feet across. Along the East edge of the park is another walkway going north and south which intersects the other walkway. This walkway is about 30 feet across. I positioned myself and my sign on the northwest corner of this intersection standing close to the landscaping. Yocom was on the southwest corner.

Shortly afterwards, two members of the PSU Public Safety patrol came to me and Sgt. K. Riddle (#24259) informed me that I could not stand there with my sign. She showed me her ordinance book with the synopsis of PCC 20.12.030 in it as her legal authority. She said I must carry the sign and “keep moving” or she would arrest me for trespassing. (Trespassing? In a PARK?) I turned on my video camera and verified what she said. I pointed out that the ordinance said nothing about having to carry a sign and keeping moving. I also told her that she could not arrest me for this as it had already been through the courts. I mentioned the federal injunction in Gathright v. City. I asked if she would like to see it as I had it in my car. She said okay, and I went, leaving Tim in charge of the sign. I called attorney Herb Grey to apprise him of the situation and ask him to call campus police and straighten them out. When I returned, neither if the campus police were there. Tim was talking to a Black lady about the gospel. A young woman, whom I assumed was a student, came up to me and said she thought the sign was “inappropriate” as, she said, there were sometimes children present. I told her that I made an effort to turn the sign away when I saw children in the area. She left.

A few minutes later, I saw the same woman walking back. At this time I had the sign turned a different direction because some children from the local day-care had come out of the Smith Building. I could see that the woman might be intending to damage the sign, so when she got close, I moved toward the front of the sign to get between her and it. She shouldered her way past me and grabbed the top rail of the sign. I reached around her shoulders trying to pull her away. She then put her weight into the sign and broke the frame (PVC electrical conduit) in two places. I then tried to hold on to her by her sweater or jacket so I could call the police. She slipped out of my grasp. I turned on my video camera and got pictures of her and told her she had committed a crime.

After a minute, she began talking to the Black woman Tim had been talking to. Then she went over toward the west entrance of the Smith Building.

I called 911 and gave a complete description of the incident and the woman. I waited, but Portland Police did not arrive. Eventually, Sgt. Riddle arrived and the woman went to talk to her. After that Sgt Riddle came to me and I tried to explain that the woman had committed a crime against me, but Riddle was not interested. She said she was there to arrest me for Harassment.

I was arrested at about 10:30 a.m. so if the Portland Police eventually did come, I was no longer there.

I was handcuffed and placed in the squad car and taken to the Public Safety Office on campus. While there, I was Mirandized and afterwards I made the simple declaration, “I acted in defense of my property and myself” and ended the conversation.

After about an hour, I was taken to the Justice Center jail as they wanted to do fresh mug shots. I was photographed within a half an hour, but was not released until just about 6:00 p.m.

Upon returning home, Sgt. Riddle had left a phone message for me saying that she would be sending me a two-year trespass warning in the mail. This should be excellent for taking to Judge Haggerty along with the video of Sgt. Riddle.

Another phone message was a friend who had come after the arrest who had located an independent witness to corroborate that the woman attacked me and my sign first.

I also called PPD and asked for an officer to come by and take my complaint. Officer Ray (#40967) was recalcitrant about assisting me and would not try to get the name of the woman from the campus police or their police report (which is filed with PPD). She kept insisting that I had broken the law in various ways including Harassment (even in defense) and saying that it was a crime for me to videotape the woman after her crime.

Posted by Editor at 09:55 AM

Preacher's Banner Taken



Preacher's Sign Stolen



The Alligator and Campus Communications

A University of Florida student was arrested for stealing a Turlington Plaza minister's sign, which read "Beware queer university," Friday afternoon.

Jennifer Arce, 23, approached campus evangelist David Miller from behind, snatched the sign and fled on foot toward University Avenue on Newell Road, where she was stopped by University Police.

Miller, who was detained by UPD on Nov. 10 for disturbing nearby classes while preaching, chased after Arce, yelling, "Catch that thief! Beware of thief!" said witness Lauren Dobson.

Arce ran through Turlington Plaza, past a game of 4-square being played by about 30 students, who cheered her on.

Miller pursued her while calling UPD on his cell phone, Dobson said.

Several students watched them run down the road to University Avenue, where two police cars were waiting to arrest Arce.

"They put her in handcuffs and put her in the police car," Dobson said. "Students who walked by and saw the situation began yelling at the preacher, calling him a homophobe and a jerk."

After giving the police a sworn complaint of what happened, Miller went back out to Turlington to continue preaching about 40 minutes later, said witness Randolph Hawkins, who was tabling on Turlington at the time.

"I came a first time, they throw me in handcuffs in a car for 30 minutes," Miller said to about 50 students after the incident in Turlington Plaza.

"I came a second time, someone steals my sign, and I have to chase her halfway across the campus - off campus even. She physically assaulted me."

Miller said he was protesting the school's attitude toward homosexuality because he feels that dormitories are "recruitment grounds" for homosexuals.

Miller said he first heard about this "recruiting" from his daughter, a resident assistant at Mallory Hall.

Resident assistants are encouraged to refer any student who has homosexual thoughts to homosexual groups, which perpetrates homosexuality, he said.

Miller said he is on Turlington preaching because UF created the Lesbian, Gay, Bisexual, and Transgender Affairs department last year. He said the campus attitude toward homosexuality is "disturbing."

After preaching for about an hour, Miller said he was going to meet with Eugene Zdziarski, dean of students, in order to try and get the LGBT Affairs department disbanded.

Arce was arrested on felony charges of robbery by sudden snatching, said UPD spokesman Lt. Joe Sharkey. The case will be reviewed by the State Attorney's Office.

Arce also is being investigated by Judicial Affairs in the matter.

Arce declined to comment.

Hawkins, who watched the incident, said the situation was very interesting and shocking.

"You always see those guys out there but that was very different from how it usually ends up happening," Hawkins said.


http://www.alligator.or
g/pt2/051121cops.php

Posted by Editor at 09:34 AM

November 21, 2005

The First Official Thanksgiving in America was in Virginia



The First Thanksgiving was in Virginia



Settlers held first Thanksgiving at Berkeley Plantation on
December 4, 1619 -- a year before the Pilgrims arrived at Plymouth.


By Charles Miller / Richmond Times-Dispatch

Each first Sunday in November a Thanksgiving Festival is held at the Berkeley Plantation in accordance with documentation from 1619. The event fulfills instructions given to the 38 settlers who arrived on the banks of the James River at Berkeley Hundred as documented in the proclamation:

    "Wee ordaine that the day of our ships arrival at the place assigned for plantacon in the land of Virginia shall be yearly and perpetually kept holy as a day of thanksgiving to Almighty God."

The settlers set sail in a ship called The Margaret from the Port of Bristol in England, where at the Berkeley Castle funding for the journey was supplied by landowners including Sir Richard Berkeley and William Throckmorton. Agriculture was going through difficult times and many people in the area wanted to start a new life for themselves in America, and so they joined the leaders Sir John Woodleefe, George Thorpe, and John Smyth, who had planned this remarkable and historic voyage. Although they encountered severe weather that delayed their journey, the landing on December 4, 1619, is well documented by the Virginia Company of London.

Charles Berkeley from the Berkeley Castle stressed in his speech for the 1994 Virginia First Thanksgiving Festival that "this was the first thanksgiving to be held on American soil but it was not officially recognized until President Kennedy's term of office in the 1960s, as beforehand the Pilgrim Fathers were considered to have been the first American settlers to offer Thanksgiving. The Berkeleys in fact preceded them . . . ."

Former Virginia Governor Mills Godwin summarized the setting well in his 1981 remarks: "Berkeley has been a working plantation in Virginia since 1619, and a handsome brick manor house was built here early in the 18th Century. Here was born Benjamin Harrison, V, a signer of the Declaration of Independence and a post-Revolutionary Governor of Virginia, and his son, William Henry Harrison, the ninth President of the United States. Today, while privately owned, Berkeley has been magnificently restored and is open to the public as one of America's distinguished historic shrines."

Plantation Welcomes Festivities

Malcolm and Grace Jamieson purchased the Berkeley Plantation in 1928, and their son Jamie and his family continue the well-known gracious hospitality to the many visitors each year for the re-enactment of the First Thanksgiving. Berkeley is open daily and offers beautiful vistas from its 10 acres of formal terraced boxwood gardens and lawn that extend a quarter-mile from the front door of the mansion to the banks of the James River.

Clifford Dowdey depicts Berkeley and other plantations in his book, The Great Plantation, as an entrepreneurial endeavor: "These personal domains were built by men who, whatever their weaknesses of the flesh, contained the same ingredients that have built large successes throughout the ages -- ambition and energy, self-discipline and resourcefulness, and the power to conceive boldly. For the plantation was, above all things, a most bold concept: It was a private principality, a self-contained world that required a unique amalgam of talents of the very first order."

Perhaps Dowdey's remarks about Berkeley Plantation's success can be attributed to the leadership of King James I. His plan established the Virginia Company of London and the Plymouth Company, indeed opportunities that offered changes in the economic model for England that led to new world adventures.

William J. Carl, III, in his comments at the festival two Sundays ago, alluded to the importance of Berkeley Plantation in our economic heritage and as a place that our Forefathers and Foremothers birthed our great nation. The legacies are innumerable, including a signer of the Declaration of Independence, birthplace and host of Presidents, and the composition of "Taps" by General Daniel Butterfield when he was stationed at Berkeley in 1862 with McClellan's Army of the Potomac. So we honor the past but move forward to the future from this great place of history.

A Perpetual Celebration

As we express our gratitude at these Thanksgiving events, so we live out our words by offering thanks, remembering the past, and pledging to continue the great legacy of those before us who celebrated perpetually . . . and look forward to a great future in this free nation.

One of the attendees at this year's festival, Peggy Alexander, not only praised Carl's remarks but stated that the entire experience of being at Berkeley Plantation to celebrate the very first Thanksgiving was exceptionally enjoyable in an exquisite setting. Another visitor who came from Ohio remained in her seat to enjoy the historical environment long after the Chickahominy Indians ceased their dances.

I am a member of the Berkeley family through my mother's lineage and feel the sense of history each time I visit Berkeley Plantation. Indeed, Berkeley Hundred remains a historic treasure in the life of the Commonwealth of Virginia and of the nation.


Charles Miller is president of Virginia First Thanksgiving Festival, Inc., the foundation responsible for the re-enactment of Berkeley Plantation's annual Thanksgiving event.

Berkeley Plantation First Thanksgiving Festival
Celebrate the 1619 landing of the original colonists at Berkeley Plantation. Join us at the site of the First Official Thanksgiving in America, for a day dedicated to history, food, and fun with tours of the 1726 mansion, walks in the colorful autumn gardens and a formal living history program.


http://www.timesdispatch.com/servlet/Satellite?pagename=RT
D/MGArticle/RTD_BasicArticle&c=MGArticle&cid=1128768243717

Posted by Editor at 01:55 AM

Man pleads guilty in killing of fetus



Man pleads guilty in killing of fetus



Prosecutors to seek more than 10 years in case of husband stabbing pregnant wife in Norton

AKRON, Ohio -- Prosecutors intend to seek more than 10 years in prison for a man who pleaded guilty to stabbing his wife and killing their unborn child in Norton last winter.

Lonnie McKenzie Jr. of Lodi was to go on trial Monday in Summit County Common Pleas Court, accused of attacking his pregnant wife and her friend in a jealous rage.

In court with his lawyer Friday, McKenzie pleaded guilty to involuntary manslaughter for terminating the pregnancy, and to attempted murder for stabbing his wife. Each conviction carries a maximum sentence of 10 years in prison.

He had been indicted on a murder charge, but prosecutors dropped that, along with charges of felonious assault, assault and carrying a concealed weapon, in exchange for his guilty pleas.

McKenzie, 25, is to be sentenced Dec. 15 by Judge Brenda Burnham Unruh.

He was arrested Jan. 30 after his wife, Michelle, who had been stabbed with an 8-inch steak knife, called Norton police.

Assistant prosecutor Becky Doherty said Friday the knife penetrated Michelle McKenzie's back, causing severe blood loss, which ended the life of the couple's 14-week-old fetus.

Michelle McKenzie, 22, also suffered a collapsed lung and one kidney was removed as a result of the attack.

Prosecutors say the couple had been separated, and Michelle McKenzie was living with her father.

McKenzie attacked his pregnant wife when she arrived at her father's Albert Street home in the company of a male friend who had given her a ride, prosecutors said. McKenzie wrongly assumed the male friend was romantically involved with his wife, prosecutors said.

``I'm going to ask for at least 10 years,'' Doherty said. ``He stabbed his wife in the back, and he did it knowing she was pregnant.''

Defense lawyer David Lowry declined to comment until after the sentencing. He remains in the county jail.

Doherty said the viability of the unborn child was not a legal issue in this case. McKenzie was charged under a special murder law and was accused of causing the ``unlawful termination of a pregnancy.''


http://www.ohio.com/mld/beaconjournal/news/local
/states/ohio/counties/medina_county/13210396.htm

Posted by Editor at 01:17 AM

Family Blames Birth Control For Daughter's Death



Family: Birth Control Killed Our Daughter



Parents suing Johnson & Johnson

MADISON, Wis. -- Parents of a 14-year-old Wisconsin girl who died last year are suing the makers of a popular birth control patch for failing to warn people sooner about serious side effects.

Eighth-grader Alycia Brown died of blood clots on May 7, 2004, after using Ortho Evra for about six weeks, according to the lawsuit filed this week in federal court in Madison.

Patch maker Ortho-McNeil Pharmaceutical warned last week that users will be exposed to higher doses of hormones that put them at greater risk for blood clots and other side effects. The warning came after federal death and injury reports showed patch users die and suffer blood clots at a higher rate than women taking the pill.

While dozens have sued Johnson & Johnson and subsidiary Ortho-McNeil for deaths and injuries they blame on Ortho Evra, the La Crosse teen is the youngest known victim, said Janet Abaray, a Cincinnati lawyer whose firm represents Brown's family and many others.

Her mother, Lorie Brown, said she decided to put Alycia on birth control after finding a note from a friend suggesting she was having sex. She said she wanted her daughter to get a birth control shot, but Alycia was afraid of needles so she chose the patch.

"I know too many young girls that got pregnant and their whole life was done," Lorie Brown said. "I didn't want that for her, but I didn't want this either."

About 5 million women have used the patch since it went on the market in 2002. The Browns' lawsuit claims the company intentionally withheld information from its own clinical trials and Food and Drug Administration records suggesting the increased risks.

Julie Keenan, spokeswoman for New Jersey-based Ortho-McNeil, said she could not comment on pending litigation. The company issued a statement last week that it continues to study the product's safety.

After claiming Ortho Evra was as safe as the pill for years, the product's new warning labels say users will be exposed to about 60 percent more estrogen than those on birth control pills. In general, that puts users at a greater risk of side effects.

Abaray said the new warning was important but too late for victims such as Brown, who was supposed to go on a band trip to the Wisconsin Dells the day she died.

She went home from school after having trouble breathing and died hours later at a hospital. The cause of death was blood clots in her lower pelvis and Ortho Evra was likely a contributing factor, said John Steers, the La Crosse County medical examiner.

The family's lawsuit seeks unspecified compensatory and punitive damages for the death of Alycia, who played the flute and volleyball, loved pets and talked about becoming a veterinarian.

Lorie Brown said it's been especially tough for Alycia's 12-year-old sister, Destiny, who sits in her room most days mourning the loss of her best friend.

"I'm out to let people know: get off (Ortho Evra). That's my biggest goal here," Lorie Brown said. "I didn't save her life, but maybe I can save somebody else's."


http://www.twincities.com/mld/twincities/
news/local/states/wisconsin/13195779.htm

Posted by Editor at 01:15 AM

November 20, 2005

Bush goes to China church amid crackdown



Bush attends Communist church service



President of United States leads Communist choir at state controlled church in Beijing

Singing a Commie tune, George Bush at the head of a choir after morning services at Gangwashi Church in Beijing.
Photo: AP President George Bush opened a rare visit to China yesterday by attending a Chinese church.

The gesture is likely to resonate with his religious constituency back home, but unlikely to cut much ice with his hosts, who continued their crackdown on underground Christians right up to the eve of the visit.

Arrests of underground Protestant and Catholic church leaders were reported up to Saturday.

China had released a group of underground Christians ahead of Mr Bush's visit, a Christian aid agency said yesterday. But, according to the US-based China Aid Association, others were detained or forced to stay out of Beijing, where Mr Bush arrived on Saturday night as part of a 40-hour China visit.

In Henan Province, in central China, authorities released eight underground church leaders on Saturday morning after holding them for 16 days, the association said.

But Zhang Mingxuan, leader of a house church, was sent out of Beijing on Saturday evening to detention somewhere in Henan Province, the aid group said.

Mr Bush started his itinerary yesterday with a visit to Gangwashi Church, in the heart of Beijing.

On Wednesday the New York-based advocacy group Human Rights Watch sent President Bush a letter urging him to be tougher with China on human rights issues.

But behind the clash on human rights, Mr Bush and President Hu Jintao took pains to emphasise the prospects of a huge trade link, at the moment in China's favour.

China announced a big order for 70 Boeing 737 aircraft worth about $US4 billion ($A5.5 billion) by its state-owned airlines, and Mr Hu dealt directly with American economic grievances in a joint news conference after their meeting at Beijing's Great Hall of the People.

He said he and Mr Bush had declared their willingness to "join hands" to work on the trade imbalance, and that China would fight piracy of American-made goods and keep making its currency more flexible. "We will follow the principle of benefitting not only China, but also the world at large, and unswervingly press ahead with the reform of the formation mechanism of the renminbu exchange rate," he said. Later, authorities helped recreate the city atmosphere of 1975 when Mr Bush stayed with his parents during his father's two years as US liaison chief.

A section of Beijing's western suburbs was barred to vehicles while Mr Bush rode a bike for a two-kilometre circuit, attended by six Chinese cyclists, in the car-free conditions that prevailed in the city 30 years ago.

US officials said the bike ride was a gesture to show Mr Bush's friendly attitude towards the people of China. But the President's speech last Wednesday in Kyoto, Japan, urging China to follow the democratic example of Taiwan, was suppressed in Chinese-language reports in the Communist Party-controlled domestic media.

So far, Beijing has not followed the precedent of earlier high-level American visits and released any prominent political prisoners.

In fact, it has stepped up its repression of political and religious figures, with a Protestant pastor, Cai Zhouhua, sentenced to three years in jail this month for printing Bibles without government permits.

Mr Cai's lawyer, Zhang Xingshui, was among several dissidents and potential critics who were either told to leave the city during Mr Bush's visit, or put under house arrest.


http://www.theage.com.au/news/world/bush-goes-to-c
hurch-amid-crackdown/2005/11/20/1132421545826.html

Posted by Editor at 06:51 AM

November 19, 2005

Bill would allow public prayer by officials



Bill Would Allow Public Prayer



AIKEN -- U.S. Rep. Gresham Barrett, R-S.C., announced plans Thursday to introduce legislation called the Public Prayer Protection Act.

The bill would allow elected and appointed officials "to pray in public as they see fit, no matter what their religion," Mr. Barrett, who represents Aiken County, said in a telephone conference call from Washington, D.C.

The bill also says all "establishment-clause" cases involving prayer by public officials should be decided by state rather than federal courts.

While various court challenges to the First Amendment nationwide played into his decision to sponsor the legislation, Mr. Barrett said, no particular case prompted him to action.

"It's something we've been thinking about for a long time," the congressman said.

In recent years, lawyers across the country have argued cases about the placement of Ten Commandments plaques at government buildings and the use of "under God" in the Pledge of Allegiance in federal courts.

The U.S. Supreme Court in June denied a petition by the town of Great Falls, S.C., to overturn a 4th U.S. Circuit Court of Appeals decision in a public prayer case, according to the American Civil Liberties Union of South Carolina Web site.

In that case, the circuit court upheld a 2003 lower court ruling that the town council violated the establishment clause of the First Amendment by invoking the name Jesus Christ in prayer at public meetings. The clause prohibits the preference of one religion over another.

U.S. District Court Judge Cameron Currie had previously ruled that the town of Great Falls is "permanently enjoined from invoking the name of a specific deity associated with any one specific faith or belief in the prayers at the Town Council meetings," according to the ACLU.

Meanwhile, Mr. Barrett acknowledged that a non-Christian at a public meeting might feel uncomfortable when an official prays "in Jesus' name."

However, Mr. Barrett said, "I would hope that they would be tolerant of me because I would certainly be tolerant of them."


http://chronicle.augusta.com/s
tories/111805/met_5739519.shtml

Posted by Editor at 06:59 PM

Barrett: If you don’t like the prayer, leave



If you don’t like the prayer, leave



His bill would allow open prayer at public meetings

Knight Ridder

WASHINGTON -- U.S. Rep. Gresham Barrett wants public officials to be able to pray openly at a public meeting — and invoke a specific deity’s name if they wish.

If you don’t like that, Barrett says, you can just leave the room.

“I assume some people will say this is an extreme measure,” said the Republican from Westminster, who invokes Jesus’ name when he prays in public.

“We’re trying to bring it back to what the framers of the Constitution had in mind.”

After introducing a bill Thursday that he said would protect the rights of elected and appointed officials to pray openly, Barrett was asked about those who might take offense at the invocation of Jesus’ name in a public meeting.

“The person doesn’t have to be in the room,” said Barrett, whose district covers the western part of the state from Pickens to Aiken county.

“That’s way too close to, ‘If you don’t like the way we do it here down South, go home,’” said the Rev. Joseph Darby, pastor of Charleston’s Morris Brown AME Church. “If I, as a Christian minister, can refer to ‘the Creator’ when praying in public, so can a public official.

“I’m bothered by Christians who think Jesus is so small they have to pass a law.”

Barrett’s bill would move some of the most controversial cases about public prayer from federal to state courts.

Barrett noted that while the Constitution prohibits Congress from passing laws “respecting an establishment of religion,” it also prohibits laws that would inhibit the free exercise of religion.

It is the latter that the bill seeks to protect, he said. It would allow public officials “to pray in public as they see fit, no matter their religion.”

Barrett, who said he personally has never been challenged on his public prayers, introduced the bill in the wake of an August federal appeals court ruling that said prayers invoking Jesus’ name at Great Falls Town Council meetings are unconstitutional.

Under Barrett’s bill, federal courts would not hear such cases.

The Constitution would allow it, said Eldon Wedlock, a USC professor of constitutional law. But the result would be a “nightmare” of conflicting state court decisions.

“This is an attempt to end-run the federal courts,” said Wedlock. “The genius of the Constitution is that it says that certain areas of the law should be the same,” no matter the state.

As for Barrett’s argument that he is simply defending the intent of the framers of the Constitution, Wedlock said that’s not always a noble goal.

“Slavery was constitutional once, too,” Wedlock said.

But Todd Young, policy director for the Atlanta-based Southeastern Legal Foundation, said Barrett’s bill seems to make sense.

While a South Carolina state court might permit public officials to invoke Jesus or Allah in a public prayer, Massachusetts might not.

Ultimately, Young said, voters could decide what prayer to permit in public meetings.

“If you don’t like what public officials are saying, vote the rascals out.”

http://www.thestate.com/m
ld/thestate/13198054.htm

Posted by Editor at 06:45 PM

November 18, 2005

Patriot Act reauthorization stalls



Patriot Act stalls



Knight Ridder

WASHINGTON -- A near-agreement to extend the controversial Patriot Act was blocked Friday by an odd-bedfellows coalition of liberals and conservatives who protested that it did too little to protect Americans' civil liberties.

The Patriot Act, which gives law-enforcement officials significant power to wiretap and search suspects in the United States, was Congress' main response to the Sept. 11, 2001, terrorist attacks. But critics have always complained about the powers it gives police to invade the privacy of citizens, including the right to examine library records and search homes without residents knowing it.

As a result of such continuing concerns, an unusual coalition of Republicans and Democrats in the Senate and House was sufficiently upset at the latest proposed revisions in the Patriot Act that leaders Friday agreed to drop the immediate consideration of it, partly to avoid a threatened filibuster in the Senate over the weekend.

Congressional leaders still plan to finalize reauthorization of the Patriot Act by year's end, but the delay was a disappointment to the White House and at least a temporary victory for civil libertarians on the right and left.

Sen. Russ Feingold, D-Wis., one of the leaders of the insurrection against the immediate renewal of the Patriot Act and the lone vote against the original legislation, said, "I remain committed to doing everything I can to stop any bill that does not contain adequate protections for our rights and freedoms."

With such staunch opposition in the Senate, the bill is likely to be changed in some small way to break the logjam and beat the law's year-end expiration date. Most likely, a change will be made to the length of time the revised law would be in effect, but less clear is whether the measure will be modified to address other concerns.

The failure to adopt the Patriot Act conference report in the House and the Senate comes on the heels of other recent legislative disappointments for the Bush administration, such as the inability of Congress to agree this week on the annual spending bill for education, labor and health programs. And it adds to the sense that Republicans who control Congress and the White House are struggling to govern.

Lawmakers said they had raised specific concerns about the Patriot Act with administration officials more than a year ago, but those concerns had gone unheeded in the last-minute push to renew the law.

"I don't think that a number of key advisers have served the president well, because this is important," said Sen. John Sununu, R-N.H., a member of the coalition that upended the bill on Friday. "We can protect civil liberties and still fight the war on terrorism."

The main sticking point to emerge between the House and Senate is what's known as the sunset provision, which places an expiration date on the law. Senators insisted that the law should expire in four years, but the House had sought a 10-year expiration. A draft agreement put the sunset provision at seven years.

But House members and senators worried about the erosion of civil liberties insisted upon the four-year timetable.

"On issues as important as the civil liberties of fellow American citizens, you review it and review it on a constant basis, no matter who is in the White House or who is in the Justice Department," said Sen. Larry Craig, R-Idaho. "It is fundamental to the strength and the character of our country."

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., who joined the dissenting lawmakers at a press conference, said he considered the sunset issue to be the final, most important difference between the House and Senate.

"It's important because the sunset provision keeps the pressure on the law enforcement agencies to observe the law or else it may not be renewed," said Specter, who had earlier threatened not to sign the final conference report if House Judiciary Committee Chairman F. James Sensenbrenner, R-Wis., refused to consider the Senate's concerns.

In addition, senators opposing many of the House provisions said there were more than enough votes to sustain a filibuster. As many as 15 Republicans and 38 Democrats were expected to oppose the conference report if it reached the floor without more concessions.

"What you see evidenced today is such a broad spectrum of political thought in Congress," said Sen. Dick Durbin, D-Ill., the co-author with Craig of the Senate version of the bill. "I think it should give pause to the leadership as to whether or not they should go forward with (the drafted proposals) in the Patriot Act."

Besides concerns about the sunset deadline, many lawmakers said they were unhappy about provisions allowing law enforcement searches of library records and business records, sneak-and-peek searches where a suspect is not present when his or her home is being searched, and national security letters that prevent a suspect from challenging a gag order in court that prohibits him from publicly talking about any allegations against him.

"My concerns go way beyond the sunset," Feingold said. "We should not allow even four more years of the violation of people's rights with regard to their business and library records, when they've done absolutely nothing wrong, without any real standard."

A draft of the conference report, which has not been approved, would require the government to notify the target of a sneak-and-peek search 30 days after the search, rather than within seven days, as the Senate had sought.

Some lawmakers also contended that the draft report would not provide meaningful judicial review of gag orders imposed through national security letters written by law enforcement officials. "It requires the court to accept as conclusive the government's assertion that a gag order should not be lifted unless the court determines the government is acting in bad faith," three Democratic and three Republican senators complained in a letter to the heads of the Judiciary and Intelligence committees.

And those same six senators said the draft report would allow the government to go on fishing expeditions for sensitive personal information simply by declaring the information is relevant.

But other senators said they were extremely worried that the Patriot Act would not be renewed before the Thanksgiving recess as lawmakers rushed to leave Washington.

"We know that the Patriot Act has been largely responsible for making America safer," said Sen. John Cornyn, R-Texas. "The Patriot Act has not eroded any of our civil liberties that we hold near and dear as Americans."

For his part, Sensenbrenner insisted that the proposed revisions in the Patriot Act would go a long way to being protective of civil liberties and yet giving law enforcement the authority it needs to be successful.

"This agreement also ensures our tools to fight the next Mohamed Atta intent on killing thousands of Americans are at least as tough as those to fight drug dealers and organized crime," Sensenbrenner said.


http://www.timesleader.com/mld/time
sleader/news/politics/13206313.htm

Posted by Editor at 10:45 PM

Log Cabin Exec to Lead Planned Parenthood's Outreach to GOP



Gay Republican to Lead Abortion Outreach to GOP



CNSNews.com

The Planned Parenthood Federation of America has hired an official from the Log Cabin Republicans to head its Republican Party outreach efforts.

One pro-choice Republican leader called the move "very exciting," but conservative opponents of the nation's top abortion provider are not impressed.

Christopher Barron has served as political director of the homosexual advocacy group within the GOP since February 2004. A press release announcing his departure from the Log Cabin Republicans praised Barron for helping the organization "achieve important progress in making the conservative case for gay and lesbian equality."

In the statement, Log Cabin President Patrick Guerriero said that Barron had been "a huge asset" for the organization, which chose not to endorse President Bush in the 2004 election and instead supported "inclusive" Republican candidates for Congress.

"Over the past two years, Chris Barron was on the front lines fighting for an inclusive GOP, fueling Log Cabin's unprecedented growth across America and fighting to defend our families from attacks by the voices of intolerance," Guerriero said.

The press release noted that Barron coordinated Log Cabin's lobbying efforts to defeat the "anti-family" Federal Marriage Amendment." Barron also implemented a GOP lobbying strategy for HIV/AIDS funding, hate crimes legislation, federal employment non-discrimination legislation and legislation repealing the 'Don't Ask, Don't Tell' policy.

"It has been an honor to serve as Log Cabin's political director during one of the most important moments for our organization and for our community," Barron said. "I look forward to continuing being a part of the Log Cabin family and continuing to support this organization in its fight for basic fairness for our families."

Guerriero wished Barron well in his new job, which he will begin in early December.

While Barron and representatives from Planned Parenthood did not return several calls seeking comment by press time, Ann E. W. Stone, national chairman of Republicans for Choice Political Action Committee, told Cybercast News Service she is "very excited about the possibilities" of Barron's new work with Planned Parenthood.

Stone noted that Planned Parenthood has been striving to mend fences with members of the GOP for at least 15 years. "They've had other people" reaching out to Republicans, Stone said, but those individuals "didn't have the breadth of experience" that Barron has.

Nevertheless, "the rank and file of Planned Parenthood has generally been pretty Republican," she said. "Some state chapters have been very Republican, and a lot of their big donors in the past have been Republican, so having somebody in there who actually is very talented and Republican is a good thing."

Stone added that Barron's open homosexuality will not be a problem for him in his new duties because "the Planned Parenthood Republicans tend to be more moderate, and they're not going to be homophobic."

However, Stone said, the same people who have problems with people being pro-choice will have problems with Barron's sexual orientation. "Being gay is just as bad as being pro-choice in their eyes."

Still, Barron "is probably the best person we've worked with," Stone noted. "He could be a very effective leader for working with all of us."

Reaction from representatives of conservative groups was less positive.

"This should be a seamless transition, given that both organizations pursue an anti-family agenda that's right at home in the culture of death," Robert Knight, director of Concerned Women for America's Culture & Family Institute told Cybercast News Service.

"Recall, for instance, that V. Gene Robinson, the openly homosexual Episcopal bishop, spoke at a Planned Parenthood event, which didn't raise a lot of eyebrows," Knight said. "After all, both Robinson and Planned Parenthood have rejected the natural family and pursued sex outside marriage and abortion as a reasonable, logical response to an unintended pregnancy."

Amanda Banks, a federal issues analyst for Focus on the Family Action, said Barron's move is not a surprise. "This gentleman has been employed by one organization that works in contradiction to the Republican Party platform, and now he's going to work for another organization that does the same thing."

Banks also told Cybercast News Service that she differs with Log Cabin's goal of an "inclusive GOP." "I think we have a different interpretation of the word 'inclusive,'" she said.

"Certainly, both parties should strive to be inclusive regarding things like race, gender, geographical location and socioeconomic status," she added. "But that doesn't equate to selling out on fundamental rights and institutions," including the definition of marriage as between one man and one woman.


http://www.cnsnews.com/news/viewstory.asp?Page=%
5CCulture%5Carchive%5C200511%5CCUL20051118a.html

Posted by Editor at 09:06 AM

Planned Parenthood Dedicates New Clinic



Planned Parenthood Dedicates New Regional Clinic



CARLSBAD, CA. -- A dedication ceremony was held Thursday at the new Planned Parenthood center in Carlsbad.

The 3,000-square-foot Isabella Center at 1820 Marron Road, Suite 110, was opened in the summer, but was dedicated yesterday. Its name was chosen by Jinx Ecke's children, Planned Parenthood officials said.

Jinx Ecke and her three children, including Paul Ecke III of Encinitas, donated $250,000 to help open the $340,000 center, said Keith Limberg, vice president of development for Planned Parenthood of San Diego & Riverside Counties.

The new center is open Monday through Saturday, replacing the smaller Oceanside Clinic. Available to the coastal North County region, the Isabella Center's services will include emergency contraception, birth control, counseling, gynecological exams, pregnancy testing, medication abortions and menopausal services, as well as services related to STDs, HIV, and hepatitis B.

Opposition to the new center is evident nearly every Friday when a small gathering of protesters aims several-foot-high signs with graphic abortion-related photographs at passing cars.

"It's kind of bothersome to drive by them ---- it's almost every single Friday," said Geri Hughes, an employee at Household Financial next door to the clinic.

But, Thursday night, clinic officials were in a celebratory mood. Their new facility next to the Westfield Shoppingtown's Plaza Camino Real mall is nearly 1,200 square feet larger than their old clinic in south Oceanside. It has five exam rooms, five offices, a lab, a lunchroom and two counseling rooms.

Instead of serving 25 people a day, it can take up to 50, clinic manager Jeanette Redden said.

That's important because of the regional demand for the center's services, said Keith Limberg, vice president of development for Planned Parenthood of San Diego and Riverside Counties.

The center, expected to serve 14,000 clients each year, is the only such clinic on the North County coast. It replaced the closed Oceanside center, which was half the size of the Isabella Center, Limberg said.

The Isabella Center is one of 18 health centers operated by Planned Parenthood of San Diego and Riverside Counties -- the second largest Planned Parenthood affiliate in the country.

-- Staff and wire reports

Posted by Editor at 07:57 AM

November 17, 2005

'Enforcer' testifies on slave ring's forced abortions



Forced Abortions in New Jersey



NEWARK -- A Honduran woman pleaded guilty to being an "enforcer" in a slave labor ring that smuggled girls as young as 14 into the country and used threats of violence to force them to work in North Hudson bars.

Xochil Nectalina Rosales Martinez, 29, also had been smuggled into this country and forced to work in one of the bars, but was later told she was in charge of running the Guttenberg apartment the ring used as a safehouse.

She said she was told that if "any of these bitches get out of line, you should beat them." She said she also was present when the girls and women were forced to have abortions if they became pregnant, and saw one of the women give birth to a baby that died soon after.

"I cannot stomach this behavior," U.S. Attorney Christopher Christie said after the hearing in the courtroom of U.S. District Court Joel Pisano. "People who engage in this kind of conduct undermine the ideal that people can come to this country and live in freedom."

Christie said he was hopeful that Rosales Martinez's guilty plea, and the information she has given federal prosecutors, will lead to additional guilty pleas among the 10 others charged.

Rosales Martinez faces up 53 to 61 months in prison, but in exchange for her cooperation will not be charged with any additional crimes, officials said.

In court yesterday, she said the alleged ringleader, Luisa Medrano, was in charge of the three bars - El Paisano Bar and El Puerto de la Union II, both in Union City, and El Puerto de la Union I in Guttenberg - where the girls and young women were forced to entertain male customers, dancing for tips and encouraging them to buy drinks.

Rosales Martinez said the girls had to earn at least $500 a week in order to pay off their $20,000 smuggling fee.

Christie would not say if the victims engaged in sex with bar customers or if the aborted baby was conceived with a customer, saying that such information might be needed as evidence.

Christie said the smuggling ring's victims can remain in the United States under a law intended to protect victims of human trafficking.

Rosales Martinez was herself smuggled into the United States from Honduras at a cost of $15,000 with the help of a "coyote" who got her across the Mexican border.

She was then brought to Union City, where she was forced to work at the El Paisano bar, and later recruited to be the house enforcer at the Guttenberg apartment where other women smuggled by the ring were required to stay.

Rosales Martinez cried as she recalled how the women were forced to take abortion-inducing pills so they could continue working.

Despite the pills, Rosales Martinez said, a 21-year-old woman gave birth to a live baby in a toilet bowl.

"Did you hear it cry when it was pulled from the toilet?" Assistant U.S. Attorney Deborah J. Gannett asked.

"Sí," Rosales Martinez replied, weeping.

The alleged ringleaders - Medrano and Rosales Martinez's cousins, Noris Elvira Rosales Martinez and Ana Luz Rosalez Martinez - are awaiting trial on conspiracy, alien smuggling and other charges.


http://www.nj.com/news/jjournal/index.ssf
?/base/news-0/1132222624300380.xml&coll=3

Posted by Editor at 07:52 AM

Thieves in sheep's clothing



Thieves In Sheep's Clothing



2 crisis pregnancy groups in Texas want to steal federal tax dollars

AUSTIN -- Only two groups applied to administer $5 million earmarked to promote childbirth over abortion after Planned Parenthood representatives complained that application requirements were too tight.

The two that answered the Texas Health and Human Services Commission's call for proposals are the Texas Pregnancy Care Network of Bellville, partnered with Real Alternatives; and The Heidi Group of Round Rock, partnered with the Texas Association of Women's Resource Organizations.

Real Alternatives said on its Web site that it is committed to "free and compassionate, practical and life-affirming alternatives to abortion."

The Heidi Group's Web site said the organization wants to make a difference for women with unplanned pregnancies, whom it said need a balanced approach and "hope offered through a relationship with Christ."

Planned Parenthood officials earlier voiced concern when draft requirements disqualified health care providers if they got federal family-planning funds, requiring them to offer "nondirective" counseling about options including abortion. They said the wording was so strict that it was at odds with legislative intent.

Agency spokespeople and backers of the program said its point, as approved by lawmakers, was to direct money strictly toward abortion alternatives.

The draft wording was changed after the complaints, but Planned Parenthood said changes made no difference.

Health and Human Services Commission spokeswoman Jennifer Harris said in an e-mail Tuesday that officials worked to ensure that the requirements were consistent with the legislation. The commission's decision to take public comments on draft requirements allowed it to "solicit feedback from stakeholders, and, in many cases, adjustments were made," she said.

"We still had to ensure that the active promotion of childbirth is a fundamental aspect of the statewide program that will be developed," she said.

Jennifer Bilbrey, director of public policy for The Planned Parenthood Trust of San Antonio and South Central Texas, said that "so-called 'crisis pregnancy centers' are applying for money that is being taken away from qualified, experienced family planning providers like Planned Parenthood.

"Our tax dollars will now pay for women to receive inaccurate, biased information from ill-equipped volunteers who fail to talk to women about all their options when faced with an unplanned pregnancy," she said. "This does nothing to solve the problem of unintended pregnancies."

The commission wouldn't release details of the groups' proposals for using the $5 million, spread over two years.

"The reasoning behind not releasing vendor proposals during the review and negotiation process is to ensure we're in a position to negotiate the best terms (or cost, if that's applicable) for the state," Harris said in an e-mail.

The commission intends to award the contract to a single bidder, with a goal for the contract to start Jan. 1.

Shirley Thompson, board chairwoman of the Texas Association of Women's Resource Organizations and executive director of Agape Pregnancy Help Center in San Antonio, said the organization includes resource centers around Texas, including pregnancy care centers, adoption agencies, maternity homes and mentoring groups.

Officials with Real Alternatives and the Texas Pregnancy Care Network didn't immediately return telephone calls.


http://www.mysanantonio.com/news/metro/sto
ries/MYSA111605.01B.Abortion.1153814d.html

Posted by Editor at 06:02 AM

Transcript: Sen. Dianne Feinstein and Judge Samuel A. Alito



Transcript: Feinstein on Alito meeting



Courtesy FDCH/e-Media

SENATOR FEINSTEIN HOLDS A MEDIA AVAILABILITY FOLLOWING A MEETING WITH JUDGE SAMUEL ALITO

SPEAKER: U.S. SENATOR DIANNE FEINSTEIN (D-CA)

JUDGE SAMUEL ALITO, NOMINEE FOR UNITED STATES SUPREME COURT

[*]

FEINSTEIN: This is not a press conference, but if you want to ask me some questions -- thanks, Judge.

ALITO: Thank you, Senator.

FEINSTEIN: You're very welcome.

QUESTION: Can you step out here a little closer?

(CROSSTALK)

FEINSTEIN: Oh, all right.

QUESTION: Did you ask the judge about the job application issue with his comments about abortion?

FEINSTEIN: Yes, he did.

QUESTION: And?

FEINSTEIN: And what he told me was this. He said, "First of all, it was different then." He said, "I was an advocate seeking a job. It was a political job. And that was 1985.

"I'm now a judge, you know. I've been on the circuit court for 15 years. And it's very different. I'm not an advocate. I don't give heed to my personal views. What I do is interpret the law."

And I believe he was very sincere in what he said. And he talked about Roe in particular, about having had many reviews; didn't use the word "well settled," but did use the word "stare decisis."

And I agree with one thing. I mean, we talked about labels. And I don't really think he can be labeled in that sense. He is an independent thinker. He thinks for himself. He's got clearly a very good mind.

And as I said to him, the real part of this that matters is what you say on the record that's transcribed and becomes fact or record for all time. And that, of course, will begin on January the 9th.

END


http://www.washingtonpost.com/wp-dyn/conte
nt/article/2005/11/15/AR2005111500686.html

Posted by Editor at 03:46 AM

Tentative Deal on Patriot Act Teeters



Patriot Act deal wavering



WASHINGTON -- A tentative agreement to renew the Patriot Act this week teetered late Wednesday without explicit support of the lead Senate negotiator, as Democrats complained that the draft wouldn't sufficiently curb the FBI's power to probe the most private aspects of people's lives.

Hours after House and Senate negotiators said they had reached a tentative pre-dawn agreement, Democrats and civil libertarians complained that it didn't address their chief concern: the curbing of FBI power to gather certain information by requiring the investigators to prove the subject's records are connected to a foreign agent or government.

"It gives a nod toward checks and balances without fixing the most fundamental flaws in the Patriot Act," said Lisa Graves of the Americans Civil Liberties Union.

At least four Democratic senators announced their displeasure with the proposal, joined by Rep. John Conyers of Michigan, ranking Democrat on the House Judiciary Committee.

Senate Judiciary Committee Chairman Arlen Specter, R-Pa., had hoped to reach an agreement that his counterpart, ranking Democrat Pat Leahy of Vermont, could support. But by dinnertime, Specter had scheduled — then canceled — a news conference on the Patriot Act. His office said only that negotiations were continuing.

The agreement, which would make most provisions of the existing law permanent, was reached just before dawn Wednesday. But by midmorning GOP leaders had already made plans for a House vote on Thursday and a Senate vote by the end of the week. That would put the centerpiece of President Bush's war on terror on his desk before Thanksgiving, a month before more than a dozen provisions were set to expire.

Officials negotiating the deal described it on condition of anonymity because the draft is not official and has not been signed by any of the 34 conferees.

Any deal would mark Congress' first revision of the law passed a few weeks after the Sept. 11 terror attacks. In doing so, lawmakers said they tried to find the nation's comfort level with expanded law enforcement power in the post-9/11 era — a task that carries extra political risks for all 435 members of the House and a third of the Senate facing midterm elections next year.

For Bush, too, such a renewal would come at a sensitive time. With his approval ratings slipping in his second term, the president could bolster a tough-on-terrorism image.

The tentative deal would make permanent all but a handful of the expiring provisions, the sources said. Others would expire in seven years if not renewed by Congress. They include rules on wiretapping, obtaining business records under the Foreign Intelligence Surveillance Act (FISA) and new standards for monitoring "lone wolf" terrorists who may be operating independent of a foreign agent or power.

By noon, House Democrats on the panel were issuing complaints about the seven-year expiration, arguing that since the House had endorsed the four-year expiration dates enacted as part of the Senate bill, the three provisions should "sunset" at four years, not seven. They also complained that Republican negotiators shut them out of the last phase of talks, a charge Republicans deny. And they said Republicans had slipped into the bill a provision that Democrats believe would undermine the role federal courts play in assessing state court proceedings.

The draft also would impose a new requirement that the Justice Department report to Congress annually on its use of national security letters, secret requests for the phone, business and Internet records of ordinary people. The aggregate number of letters issued per year, reported to be about 30,000, is classified. Citing confidential investigations, the Justice Department has refused lawmakers' request for the information.

The 2001 Patriot Act removed the requirement that the records sought be those of someone under suspicion. As a result, FBI agents can review the digital records of a citizen as long as the bureau can certify that the person's records are "relevant" to a terrorist investigation.

Also part of the tentative agreement are modest new requirements on so-called roving wiretaps — monitoring devices placed on a single person's telephones and other devices to keep a target from evading law enforcement officials by switching phones or computers.

The tentative deal also would raise the threshold for securing business records under FISA, requiring law enforcement to submit a "statement of facts" showing "reasonable grounds to believe" the records are relevant to an investigation.


http://news.yahoo.com/s/ap/2005
1117/ap_on_go_co/patriot_act_11

Posted by Editor at 03:18 AM

November 16, 2005

Tentative Deal on Patriot Act, Sources Say



Republicans Make Patriot Act Deal



House and Senate negotiators have struck a tentative deal on the expiring Patriot Act that would curb the FBI's investigative power and require the Justice Department to more fully report its secret requests for information about ordinary people.

Democrats and civil libertarians said that while the tentative deal makes some improvements, it doesn't address their chief concern: the curbing of FBI power to gather certain information by requiring the investigators to prove the subject's records are connected to a foreign agent or government.

"It gives a nod toward checks and balances without fixing the most fundamental flaws in the Patriot Act," said Lisa Graves of the Americans Civil Liberties Union.

The agreement, which would make most provisions of the existing law permanent, was reached just before dawn Wednesday. But by midmorning GOP leaders had already made plans for a House vote on Thursday and a Senate vote by the end of the week. That would put the centerpiece of President Bush's war on terror on his desk before Thanksgiving, a month before more than a dozen provisions were set to expire.

Officials negotiating the deal described it on condition of anonymity because the draft is not official and has not been signed by any of the 34 conferees.

Any deal would mark Congress' first revision of the law passed a few weeks after the Sept. 11 terror attacks. In doing so, lawmakers said they tried to find the nation's comfort level with expanded law enforcement power in the post-9/11 era — a task that carries extra political risks for all 435 members of the House and a third of the Senate facing midterm elections next year.

For Bush, too, such a renewal would come at a sensitive time. With his approval ratings slipping in his second term, the president could bolster a tough-on-terrorism image.

The tentative deal would make permanent all but a handful of the expiring provisions, the sources said. Others would expire in seven years if not renewed by Congress. They include rules on wiretapping, obtaining business records under the Foreign Intelligence Surveillance Act (FISA) and new standards for monitoring "lone wolf" terrorists who may be operating independent of a foreign agent or power.

By noon, House Democrats on the panel were issuing complaints about the seven-year expiration, arguing that since the House had endorsed the four-year expiration dates enacted as part of the Senate bill, the three provisions should "sunset" at four years, not seven. They also complained that Republican negotiators shut them out of the last phase of talks, a charge Republicans deny.

The draft also would impose a new requirement that the Justice Department report to Congress annually on its use of national security letters, secret requests for the phone, business and Internet records of ordinary people. The aggregate number of letters issued per year, reported to be about 30,000, is classified. Citing confidential investigations, the Justice Department has refused lawmakers' request for the information.

The 2001 Patriot Act removed the requirement that the records sought be those of someone under suspicion. As a result, FBI agents can review the digital records of a citizen as long as the bureau can certify that the person's records are "relevant" to a terrorist investigation.

Also part of the tentative agreement are modest new requirements on so-called roving wiretaps — monitoring devices placed on a single person's telephones and other devices to keep a target from evading law enforcement officials by switching phones or computers.

The tentative deal also would raise the threshold for securing business records under FISA, requiring law enforcement to submit a "statement of facts" showing "reasonable grounds to believe" the records are relevant to an investigation.


http://news.yahoo.com/s/ap/2005
1116/ap_on_go_co/patriot_act_5

Posted by Editor at 04:34 PM

Law Comes Before Personal Views, Alito Says



Alito: I Will Not Impose 'Personal Opinion'



WASHINGTON -- Distancing himself from his past conservative views on abortion and other social matters, Supreme Court nominee Samuel A. Alito Jr. told senators Tuesday that he was now a judge and would not impose his personal opinions on issues that come before him as a member of the nation's highest court.

Alito paid get-acquainted calls at Senate offices again today and sought to play down the significance of a memorandum that he wrote in 1985 in which he disavowed racial and ethnic quotas and said he did not believe the Constitution gave women the right to abortion.

The memo was part of a job application he submitted seeking a political position as the deputy assistant attorney general in the Reagan administration. Its release Monday created heightened concern among liberal senators and advocacy groups that Alito would attempt to legislate his conservative morals from the bench.

After Alito met with Sen. Dianne Feinstein, the only woman on the Senate Judiciary Committee, the California Democrat said she felt assured that Alito would strictly review the law, as she said he has sought to do as a judge on the U.S. 3rd Circuit Court of Appeals since 1990.

Feinstein said Alito told her: "First of all, it was different then. I was an advocate seeking a job. It was a political job. And that was 1985. I'm now a judge, you know. I've been on the Circuit Court for 15 years. And it's very different. I'm not an advocate. I don't give heed to my personal views. What I do is interpret the law."

Feinstein said she was persuaded.

"I believe he was very sincere in what he said," she said. "And he talked about Roe in particular, about (it) having had many reviews."

She said that while Alito did not say that the landmark 1973 Roe vs. Wade decision legalizing abortion was "well settled," he used the Latin phrase "stare decisis" — indicating he thought it should stay as it is.


http://www.latimes.com/news/nationworld/
nation/la-111505alito_lat,0,5408772.story

Posted by Editor at 06:24 AM

New York Judge Orders 12 Sex Predators Released



Judgette Orders Sex Predators Released



NEW YORK -- A judge on Tuesday ordered the release of 12 sex criminals she said were illegally detained when they were sent to a psychiatric hospital on Gov. George Pataki's orders after their prison sentences ended.

State Supreme Court Justice Jacqueline Silbermann directed the release of the 12 — whose crimes include the rape and sodomy of boys and girls — pending examinations of each prisoner by two court-appointed psychiatrists.

She said the men had to be examined within five days of her appointing the physicians. She said unless the psychiatrists find the ex-convicts to be mentally ill or to be dangers to themselves or to society they will have to be released immediately.

Pataki issued a statement saying he was "deeply troubled" by the judge's decision and would order an appeal. He said the ex-convicts "represent a real danger to our children and our communities."

The sex criminals had been ordered held by Pataki, who, after years of failing to secure a bill that would allow civil confinement of sex offenders when their sentences end, said he would "push the envelope" legally and hold them anyway.

Pataki used the state's involuntary commitment law, which normally deals with the noncriminal mentally ill, to win extended confinement of the sex criminals.

The judge noted in her nine-page decision that Pataki "ordered state correction and mental authorities to begin evaluating every sexually violent predator in state prisons before their release to determine if they should be civilly confined."

Lawyers for the sex criminals petitioned the court for their release, arguing that the state had violated the law that governs the transfer of apparently mentally ill prisoners to hospitals.

The judge agreed.


http://news.yahoo.com/s/ap/2005
1116/ap_on_re_us/sex_predators_1

Posted by Editor at 05:45 AM

Across-the-Board Postal Rate Increase Starts Jan. 8



Postal Rate Increase



WASHINGTON -- An across-the-board increase in postal rates and fees is set to take effect on January 8, meaning the cost of a first-class stamp will go from 37 to 39 cents.

The Postal Service's board of governors approved the two-cent increase in first-class postal rates late Monday. It is the first increase since June 2002.

The cost of mailing a postcard will increase a penny, to 24 cents, as part of the roughly 5.4 percent, across-the-board hike in rates and fees.

The increase fulfills a requirement, passed by Congress in 2003, that the Postal Service establish a $3.1 billion escrow account. Congress is to determine later how to spend that money. The Postal Service said without the mandate it would not have had to raise rates next year.

The Postal Service has more than $69 billion in annual revenue.

Other rate changes include:

  • First-class letter, one ounce, up 2 cents to 39 cents.

  • First-class letter, two ounces, up 3 cents to 63 cents.

  • Post card up 1 cent to 24 cents.

  • Priority Mail, one pound, up 20 cents to $4.05.

  • Express Mail, 8 ounces, up 75 cents to $14.40.

  • Express Mail, 2 pounds, up 95 cents to $18.80.

  • Certified mail up 10 cents to $2.40.

  • Delivery confirmation (priority) up 5 cents to 50 cents.

  • Delivery confirmation (first-class parcels) up 5 cents to 60 cents.

  • Return receipt (original signature) up 10 cents to $1.85.

  • Return receipt (electronic) up 5 cents to $1.35.

  • Money orders up 5 cents to 95 cents.



http://www.news14charlotte.com/conten
t/top_stories/default.asp?ArID=106899

Posted by Editor at 03:54 AM

November 15, 2005

Deal avoids global split over Internet control



Deal avoids Internet split



Negotiators avoided a potentially damaging split between the United States and the rest of the world over control of the Internet, saying they had agreed to work towards enhanced international cooperation.

Diplomats said a working group reached an agreement on key clauses on Internet governance for endorsement at the World Summit on the Internet Society beginning in Tunis on Wednesday.

A three-year deadlock in preliminary talks until the late hours of Tuesday had revolved around Washington's single-handed oversight of the private body that oversees the technical and administrative roots of the global network.

The agreement set up two parallel tracks of talks, one an open-ended process "towards enhanced cooperation" by "relevant international organisations" on public policy issues, to be triggered by United Nations Secretary General Kofi Annan early next year, according to the final draft.

The other creates an Intergovernmental Forum (IGF) to hold talks on all Internet issues, including problems such as as spam, cyber crime or computer viruses.

Officials said the private non-profit Internet Corporation For Assigned Names and Numbers (ICANN) was likely to exist even with its tender due for renewal by the US government next summer, since nothing in the final draft ruled it out.

"We did not change anything on the role of the US government with regard to the technical aspects that we were very concerned about," top US negotiator David Gross said after the agreement struck between 170 countries.

"We saw the world's countries recognising how very important the Internet is and how important the growth of the Internet is, and no one created a problem that could help retard that growth," Gross, the US coordinator for international communications and information policy, added.

Countries such as Iran and China had sought UN oversight of ICANN or the Internet governance, but the US firmly objected.

The agreement reached in the preparatory talks loosely followed a middle-of-the road formula proposed this week by the European Union.

"The worst has been avoided but we're not sure that the best is to come in the future. We have left a door open," a member of the French delegation, Bernard Benhamou, said.

"We did not close the door to the essential part, international cooperation," he added.

Officials warned that an ongoing split could have prompted the emergence of competing networks and torn apart the Internet.

Public policy issues include Internet resources, security of the network, and development issues, as well as ICANN's role in allocating domain names and addresses.

Washington's critics had warned that no single nation could maintain control over top level domain or country names (.cn, .fr, .uk,) without the threat of it being misused to block a foe's access to the Internet for political or economic reasons.

"It's as if the national telephone networks of all the countries in the world were run from Los Angeles," a European diplomat said.

The US had warned that regimes that do not allow freedom of speech might be in a position to have leverage over the Internet.

Business groups at the summit also objected to more sweeping changes, saying an intergovernmental body overseeing administration of the Internet would only "create uncertainty and hinder innovation".

The number of users of the worldwide web has grown from 106 million to more than one billion under the current seven year-old governance structure, the International Chamber of Commerce said.


http://news.yahoo.com/s/afp/20051115
/bs_afp/unsummitittelecom&printer=1

Posted by Editor at 11:13 PM

The American View Interviews Lawyer Who Fought For Ban On Partial-Birth Abortion Which Alito Voted Against



Interview with Attorney who faced Alito



Jay Sekulow's out-and-out lies exposed

“Pay no attention to the man behind the curtain”

Our 31st nationally-syndicated, one-hour radio show, “The American View,” interviews New Jersey attorney Richard Collier who fought for the law banning partial-birth abortion, a ban which Judge Samuel Alito voted against. This is the first of a series of programs which will detail how Alito is NOT pro-life regardless of what we have been told by Jay Sekulow, Steven Ertelt and other Republican Party cheerleaders.

Also, please, if you would like to help us keep our program on the air — which is presently on stations in 37 cities in 22 states — send us a donation of $25, $50, $100 or more. Make your check or money order out to: “The American View” and send it to:

The American View
8028 Ritchie Highway
Suite #303
Pasadena, MD 21122

And do, please, continue to pray for the success of our program that it might glorify God. Because, as He says in Psalm 127:1: “Except the LORD build the house, they labour in vain that build it: except the LORD keep the city, the watchman waketh but in vain.”


http://www.theamericanview.com/index.php?id=455" target="_blank">The American View

Posted by Editor at 09:19 AM

Middle School To Test Planned Parenthood's Sex-Ed Workshop



Planned Parenthood's sex-ed workshop



Willow Run Middle School has been selected as one of the pilot sites to host a "Talk Early & Talk Often'' parent workshop. The initiative is part of Gov. Jennifer Granholm's Blueprint for Preventing Unintended Pregnancies, unveiled this summer, and is being tested in 60 communities through December.

The 90-minute workshop is free and is aimed at helping parents of middle school children talk with their child about abstinence and sexuality.

The workshop will be held at 7 p.m. Wednesday at the Willow Run Middle School, 235 Spencer Lane, Ypsilanti Township. There is no charge to attend; however, space is limited and advanced registration is required. To register, call (734) 961-6157 or go to www.michigan.gov/ miparentresources and click on "Talk Early & Talk Often.''

The program is also sponsored by Lincoln Consolidated Schools and Planned Parenthood.

http://www.mlive.com/news/aanews/index.ss
f?/base/news-15/113188202749650.xml&coll=2


Related
Bush's Planned Parenthood funding
U.S. Department of Health and Humans Services (HHS)
Appropriations bills during Bush presidency

Posted by Editor at 07:56 AM

November 14, 2005

Jeffrey Randolph Wright accused of molesting boy, 12



Youth Group Volunteer Accused Of Molesting Boy



Pleads Not Guilty: Jeffrey Randolph Wright, 45, is accused of molesting a 12-year-old boy.

HEMET -- A man who volunteered with church youth groups and helped coach football has been charged with molesting a 12-year-old San Jacinto Valley boy, police said Thursday.

Jeffrey Randolph Wright, a 45-year-old Hemet resident, is charged with several counts of lewd acts with a child under 14, Riverside County court records show.

Wright, who remains in custody at the Southwest Detention Center with bail set at $500,000, has pleaded not guilty to the charges, court records show. Wright's next court date is Nov. 22.

Nobody answered the door Thursday afternoon at Wright's home. Wright's attorney, Charles Kish, of Temecula, said the investigation is in its early stages, and declined to comment.

Hemet police Detective Sgt. Kevin Caskey would not identify the youth groups, the local church or the team for which Wright volunteered as an assistant football coach. Caskey said that doing so may harm the investigation because police have not yet interviewed all the potential victims.

Caskey said that the charges involve alleged illegal acts with a 12-year-old boy who lives in the San Jacinto Valley. Police believe there may be additional victims, he said.

Officers seized a computer from Wright's home and found images of child pornography on it when they searched it on Oct. 25, the sergeant said. Officers arrested Wright on Oct. 31, court records show.

Hemet police are asking anyone with information about the case to call Detective Rob Gibbs at (951) 765-2422.


http://www.pe.com/localnews/hemet/storie
s/PE_News_Local_S_harrest11.dbe46b6.html

Posted by Editor at 06:34 AM

Liberal Coalition Is Making Plans to Take Fight Beyond Abortion



Plans to Take Fight Beyond Abortion



WASHINGTON -- A coalition of liberal groups is preparing a national television advertising campaign against the Supreme Court nomination of Judge Samuel A. Alito Jr. that seeks to move the debate over his selection beyond abortion rights and focus instead on subjects like police searches and employment discrimination, several leaders of the coalition said.

The possibility that Judge Alito could vote to narrow abortion rights has dominated discussion among both supporters and opponents of his nomination. But Nan Aron, president of the Alliance for Justice and one of the leaders of the coalition, said a poll commissioned by her organization showed the potential to attack Judge Alito on aspects of his record that had received less attention.

In addition to the alliance, a liberal legal group that focuses on judicial nominations, the coalition includes the abortion rights groups Naral Pro-Choice America and Planned Parenthood, as well as People for the American Way, the A.F.L.-C.I.O., the National Association for the Advancement of Colored People and the Sierra Club.

Last week, the alliance released results of a poll that highlighted elements of the judge's record unrelated to abortion that the liberal groups say could have greater resonance with moderate voters.

Among the issues raised by the poll was Judge Alito's support as a lawyer in the Reagan administration for an employer's right to fire someone who had AIDS. Another issue was a judicial opinion he wrote supporting a police strip-search of a suspected drug dealer's female companion and her 10-year-old daughter. Others included his votes as a judge against employment discrimination suits and an opinion overturning part of the Family and Medical Leave Act.

Judge Alito has explained his reasons for supporting an employer's right to fire someone because that person had AIDS. He told The Washington Post, "We certainly did not want to encourage irrational discrimination, but we had to interpret the law as it stands."

He voted to uphold the strip search of the mother and daughter in Doe v. Groody, arguing in a dissenting opinion that the police were justified in their reading of their warrant because drug dealers often hid narcotics with the help of others in their households.

Besides the potential they see in other subjects, the liberal groups' advertising strategy also reflects the difficulty of pinning down Judge Alito's stand on abortion rights. Last summer, an abortion-rights group withdrew a commercial opposing the nomination of Chief Justice John G. Roberts Jr. amid criticism that it misconstrued his defense of clinic protestors as support for a bomber.

The Alliance for Justice poll showed that a majority of Americans would oppose Judge Alito if they thought he would vote to overturn the landmark abortion rights case Roe v. Wade. But although groups on both sides of the issue expect Jude Alito to narrow abortion rights, his judicial record is hardly definitive.

His most controversial opinion on the subject was a dissent supporting provisions of a Pennsylvania law that with some exceptions required married women to notify their husbands before obtaining abortions. Many polls have shown that a majority of voters favor such restrictions.

People involved in the advertising effort said the coalition was planning to spend several million dollars to broadcast commercials, perhaps beginning late this week, on national cable networks and in the home states of potentially pivotal senators.

The groups are starting their campaign much earlier in the process than they have for past nominees; liberal groups did not begin advertising against Judge Robert H. Bork until around the start of his confirmation hearings. Judge Alito's hearings are two months away.

Even before seeing the commercials, Steve Schmidt, a spokesman for the White House, accused the groups of planning "millions of dollars worth of wildly inaccurate advertisements that border on character assassination."

Sean Rushton, executive director of the Committee for Justice, an organization that supports President Bush's nominees, said the liberal groups were recognizing that their opposition to abortion restrictions would alienate mainstream voters.

Mr. Rushton said the advertising campaign would end up helping Judge Alito by enabling conservatives to mount their own campaign in his defense, attacking the liberal groups for their stands on gay rights and other social issues. When Judge Alito testifies, the conservative groups' commercials "will just paint the accusers as the shrill and extreme ones," Mr. Rushton said.

Ms. Aron and Ralph G. Neas, president of People for the American Way and another leader of the coalition, emphasized that the liberal groups were not backing away from the abortion rights issue.

"To put together the broadest possible coalition and to appeal to as many voters as we can," Ms. Aron said, "raising all aspects of his record are important, including the abortion issues."

The goal, Mr. Neas said, is "to make clear that that is one of many issues" in "an epic struggle between two competing and radically different judicial philosophies."

Nancy Keenan, president of Naral Pro-Choice America, said her organization was "lock step" with the rest of the coalition and understood the need to emphasize issues in addition to abortion, "to look at the whole man, so to speak."


http://www.nytimes.com/2005/11/14/po
litics/politicsspecial1/14alito.html

Posted by Editor at 05:03 AM

November 12, 2005

City Risking Babies' Lives With Orthodox Circumcision Policy



Experts Outraged Over Circumcision Ritual



Renowned authorities blast mayor’s administration over controversial circumcision practice.

A renowned expert on sexually transmitted disease denounced as “outrageous” this week the Bloomberg administration’s failure to ban New York City mohels from suctioning blood with their mouths from a baby’s penis in the circumcision rite.

“[It] is a major public health hazard,” declared Dr. Jonathan Zenilman, a professor of epidemiology at the Bloomberg School of Public Health — the Johns Hopkins University education and research center named for New York’s philanthropist mayor, its biggest financial supporter.

Zenilman, who grew up in an Orthodox family in Woodmere, L.I., warned that allowing the practice known as metzitzah b’peh “is actually crazy” due to the potentially fatal danger of transmitting herpes to vulnerable newborns.

A prominent colleague, Dr. John Santelli, chair of the Department of Population and Family Health at Columbia University’s Mailman School of Public Health, joined the criticism.

“Those kids are at very high risk of death and encephalitis,” he said, explaining, “If you cut the skin — as obviously you have to in a circumcision — it increases risk of transmission to the infant. Newborns just don’t have great immune systems, so the worst time to get a case of herpes is in the newborn.”

Metzitzah b’peh, which is practiced routinely by some fervently Orthodox mohels, has been at the center of a case involving Rabbi Yitzchok Fischer, a Monsey-based mohel suspected of having infected three babies with herpes. One of the baby boys died last October.

But the city Department of Health and Mental Hygiene, which began investigating the suspected link of the infections to Rabbi Fischer, agreed not to ban the practice after vigorous lobbying by New York’s fervently Orthodox community, including of Bloomberg. In his re-election campaign, Bloomberg’s TV commercials tout him as a champion of public health.

On Sept. 15 the city withdrew the lawsuit it had filed against Rabbi Fischer and the court order banning him from using the technique, and turned the case over to an Orthodox rabbinical court, or bet din, in Williamsburg, Brooklyn. Rabbi Fischer agreed to stop using the technique pending the bet din’s resolution of the case.

This appears to be the first time the city has turned the adjudication of a public health issue over to a religious body.

Zenilman and Santelli said the narrow focus on Rabbi Fischer is misplaced. They said because Herpes Simplex Virus Type 1 is a very common disease — studies cited by the Health Department in its legal briefs say that 65 percent of Americans have contracted it by age 12 — the potential impact on public health goes far beyond concern over one mohel.

“From a public health standpoint, at the least there should have been a consent decree that this practice would not continue in this community,” said Zenilman, who also heads the Johns Hopkins Center for Reproductive Tract Infections and is president of the American STD (Sexually Transmitted Diseases) Association. “It is within the scope of a public health authority to ban it, and I find it outrageous that it hasn’t been.”

Santelli, who is also a pediatrician, stressed, “This is a public health problem. It’s certainly a dangerous practice from a medical point of view.”

Indeed, legal documents filed in connection with the case by the director of the Health Department’s Bureau of Sexually Transmitted Diseases, state that Herpes Type 1, which generally causes just fever blisters and cold sores in healthy older children and adults, is fatal as much as 30 percent of the time in newborns.

Dr. Susan Blank, the bureau’s director, turned down an interview request from The Jewish Week. Requests for access to the results of the Health Department’s investigation of Rabbi Fischer have gone unanswered.

Rabbi David Zwiebel, executive vice president of Agudath Israel, an umbrella body of ultra-traditional Orthodox groups, has said metzitzah b’peh is probably performed more than 2,000 times a year in New York City. Many additional instances occur in other areas with substantial populations of ultra-traditional Jews, such as Rockland County.

The New York Times reported in August that Rabbi Fischer had done some 12,000 circumcisions.

Parts of the Orthodox community and Rabbi Fischer’s attorney frame the issue as one of religious practice that should be free from government interference. They question claims that it spreads herpes.

Mohels use antiseptic mouthwash before performing oral suction, they say, and the known incidence of herpes among infants who have undergone it is minuscule.

According to the Times, the city’s Health Department recorded cases in 1988 and 1998, though doctors in New York, as in most states, are not required to report neonatal herpes.

Prominent members of the large Satmar chasidic community, based in Brooklyn and Rockland County, including Rabbi David Niederman, a spokesman for the rabbinical court handling the case, have told The Jewish Week the community will continue the practice. A delegation of chasidic leaders lobbied Bloomberg on the issue in August. Their bloc vote is sought after by mayoral candidates.

“We’re going to do a study and make sure that everybody is safe, and at the same time it is not the government’s business to tell people how to practice their religion,” Bloomberg said on a radio program one day later.

Health Commissioner Thomas Frieden told the Times the city did not intend to ban or regulate the practice, partly because any such an attempt would be virtually unenforceable. Circumcision generally takes place in private homes.

Not all ultra-traditional groups mandate the practice, and the Modern Orthodox-oriented Rabbinical Council of America recommends using a sterile tube and gloves to avoid direct oral-genital contact.

The criticisms by Zenilman and Santelli come in the wake of a paper in the medical journal Pediatrics last year that studied eight cases of baby boys in Israel who developed herpes after their circumcision, “most probably as a consequence of transmission by the mohel’s saliva,” it stated.

“Oral metzitzah after ritual circumcision may be hazardous to the neonate” because it “carries a serious risk for transmission” of the herpes simplex virus, the paper concluded.

Asked its reaction to the experts’ warning this week, the Health Department reissued a statement it released last month:

“Our goal was for Rabbi Fischer to discontinue practicing metzitzah b’peh,” a spokesman said. “He has now agreed to do so. It has always been our preference for the religious community to regulate itself as long as the public’s health was protected.”

While cases of herpes transmission from mohel to baby are rare, they are documented going back as far as an 1811 medical book that detailed an outbreak in Krakow’s Jewish quarter.

Metzitzah b’peh was abandoned by all but fervently Orthodox mohels in the 1950s, when diseases including herpes, syphilis and gonorrhea were shown to be transmitted from mohel to baby.

As with Herpes Type 2 — the kind that results in genital blisters in adults — there is no cure for Type 1, only treatment for outbreaks. The virus can be passed from one person to another even when there are no symptoms, say medical experts.

“It’s often an asymptomatic disease,” Santelli said.

According to Zenilman, “People shed the virus occasionally even without the presence of lesions,” and any immune system suppression, including cancer and HIV-AIDS, can prompt shedding. Even taking inhaled steroids for asthma can prompt someone to unknowingly shed the Herpes 1 virus.

An actual outbreak of lesions can be prompted by trauma to the mouth, like having a dental cleaning, by having a fever for any reason, or being congested, or by exposure to the sun.

“It’s an everyday occurrence,” Zenilman said. “Although an individual can look absolutely healthy and have no illness, they can be shedding virus.”

Transmitting the virus, he said, requires genital-genital contact, oral-genital contact or other direct transmission across mucous membranes, like contact between a herpes blister on someone’s finger and someone else’s mouth.

Rabbi Fischer’s attorney, Mark Kurzmann, has said the infection of the three baby boys — including twins from Brooklyn — which became evident shortly after Rabbi Fischer circumcised them is “nothing more than a tragic coincidence.”

The twins were circumcised on Oct. 16, 2004, and admitted to Maimonides Medical Center eight days later with fever and lesions in the genital area, according to court documents. Two days after that, one of the twins died of liver failure as a result of Type 1 Herpes Simplex Virus.

At about that time, the Health Department became aware of another baby, on Staten Island, who developed signs of herpes infection a week and a half after Rabbi Fischer circumcised him using metzitzah b’peh. That baby was hospitalized for three weeks and recovered after antiviral treatment.

Kurzmann said he had no comment in response to the statements by Zenilman and Santelli.

In a September interview, Kurzmann said “it appears more likely than not that the babies contracted the herpes from someone prior to the bris, or a person other than Rabbi Fischer after the bris.”

That, said Zenilman, is nearly impossible because of when and where on the boys the herpes lesions appeared.

If it had passed from mother to baby during birth, he said, it would have required that the mothers in question had active herpes lesions in the birth canal. The newborns, in turn, would have had sores all over their bodies, not just in their genital areas.

Alternatively, Zenilman said, a mother-passed infection would have caused an encephalitis-like disease, and the baby also would have shown evidence of the disease in his first week of life, before the brit.

It is also highly unlikely another nurse in the hospital or caregiver caused the infection, he said, as that would have required the nurse to spit on the baby’s penis or have direct mouth-to-genital contact that could have infected all three babies.


http://www.thejewishweek.com/ne
ws/newscontent.php3?artid=11539

Posted by Editor at 12:22 PM

City Questions Circumcision Ritual After Baby Dies of Herpes



Baby Dies of Herpes After Circumcision



SweetLiberty.org

By Andy Newman / New York Times

A circumcision ritual practiced by some Orthodox Jews has alarmed city health officials, who say it may have led to three cases of herpes - one of them fatal - in infants. But after months of meetings with Orthodox leaders, city officials have been unable to persuade them to abandon the practice.

The city’s intervention has angered many Orthodox leaders, and the issue has left the city struggling to balance its mandate to protect public health with the constitutional guarantee of religious freedom.

“This is a very delicate area, so to speak,” said Health Commissioner Thomas R. Frieden.

The practice is known as oral suction, or in Hebrew, metzitzah b’peh: after removing the foreskin of the penis, the practitioner, or mohel, sucks the blood from the wound to clean it.

It became a health issue after a boy in Staten Island and twins in Brooklyn, circumcised by the same mohel in 2003 and 2004, contracted Type-1 herpes. Most adults carry the disease, which causes the common cold sore, but it can be life-threatening for infants. One of the twins died.

Since February, the mohel, Rabbi Yitzchok Fischer, 57, has been under court order not to perform the ritual in New York City while the health department is investigating whether he spread the infection to the infants.

Pressure from Orthodox leaders on the issue led Mayor Michael R. Bloomberg and health officials to meet with them on Aug. 11. The mayor’s comments on his radio program the next day seemed meant to soothe all parties and not upset a group that can be a formidable voting bloc: “We’re going to do a study, and make sure that everybody is safe and at the same time, it is not the government’s business to tell people how to practice their religion.”

The health department, after the meeting, reiterated that it did not intend to ban or regulate oral suction. But Dr. Frieden has said that the city is taking this approach partly because any broad rule would be virtually unenforceable. Circumcision generally takes place in private homes.

Dr. Frieden said the department regarded herpes transmission via oral suction as “somewhat inevitable to occur as long as this practice continues, if at a very low rate.”

The use of suction to stop bleeding dates back centuries and is mentioned in the Talmud. The safety of direct oral contact has been questioned since the 19th century, and many Orthodox and nearly all non-Orthodox Jews have abandoned it. Dr. Frieden said he hoped the rabbis would voluntarily switch to suctioning the blood through a tube, an alternative endorsed by the Rabbinical Council of America, the largest group of Orthodox rabbis.

But the most traditionalist groups, including many Hasidic sects in New York, consider oral suction integral to God’s covenant with the Jews requiring circumcision, and they have no intention of stopping.

“The Orthodox Jewish community will continue the practice that has been practiced for over 5,000 years,” said Rabbi David Niederman of the United Jewish Organization in Williamsburg, Brooklyn, after the meeting with the mayor. “We do not change. And we will not change.”

David Zwiebel, executive vice president of Agudath Israel, an umbrella organization of Orthodox Jews, said that metzitzah b’peh is probably performed more than 2,000 times a year in New York City.

The potential risks of oral suction, however, are not confined to Orthodox communities. Dr. Frieden said in March that the health department had fielded several calls from panicked non-Orthodox parents who had hired Hasidic mohels unaware of what their services entailed.

Defenders of oral suction say there is no proof that it spreads herpes at all. They say that mohels use antiseptic mouthwash before performing oral suction, and that the known incidence of herpes among infants who have undergone it is minuscule. (The city’s health department recorded cases in 1988 and 1998, though doctors in New York, as in most states, are not required to report neonatal herpes.)

Dr. Kenneth I. Glassberg, past president of the New York section of the American Urological Association and director of pediatric urology at Morgan Stanley Children’s Hospital of New York-Presbyterian, said that while he found oral suction “personally displeasing,” he did not recommend that rabbis stop using it.

“If I knew something caused a problem from a medical point of view,” said Dr. Glassberg, whose private practice includes many Hasidic families, “I would recommend against it.”

But Rabbi Moshe Tendler, a microbiologist and professor of Talmud and medical ethics at Yeshiva University, said that metzitzah b’peh violates Jewish law.

“The rule that’s above all rules in the Torah is that you cannot expose or accept a risk to health unless there is true justification for it,” said Dr. Tendler, co-author of a 2004 article in the journal Pediatrics that said direct contact posed a serious risk of infection.

“Now there have been several cases of herpes in the metro area,” he said. “Whether it can be directly associated with this mohel nobody knows. All we’re talking about now is presumptive evidence, and on that alone it would be improper according to Jewish law to do oral suction.”

The inconsistent treatment of Rabbi Fischer himself indicates the confusion metzitzah b’peh has sown among health authorities, who typically regulate circumcisions by doctors but not religious practitioners.

In Rockland County, where Rabbi Fischer lives in the Hasidic community of Monsey, he has been barred from performing oral suction. But the state health department retracted a request it had made to Rabbi Fischer to stop the practice. And in New Jersey, where Rabbi Fischer has done some of his 12,000 circumcisions, the health authorities have been silent.

Rabbi Fischer’s lawyer, Mark J. Kurzmann, said that absent conclusive proof that the rabbi had spread herpes, he should be allowed to continue the practice. Rabbi Fischer said through Mr. Kurzmann that the twin who died and the Staten Island boy both had herpes-like rashes before they were circumcised and were seen by a pediatrician who approved their circumcision. The health department declined to comment on its investigation.

Posted by Editor at 11:27 AM

November 11, 2005

The Big Lie That Precedent Is Binding On All Lower Court Judges - Not True!



The Big Lie That Precedent Is Binding



“The American View,” refutes the Big Lie that we’ve heard over and over which says that precedent (stare decisis) is binding and that lower court judges must follow the rulings of the U.S. Supreme Court.

Joining the discussion is Scott T. Whiteman, Esq., Managing Editor of TheAmericanView.com Website. His article on this subject is on this page is titled “Stare Non Determinus.”


http://www.theamericanview.com/index.php?id=446

Posted by Editor at 09:39 AM

Euthanasia laws could force Dr. Death out of Australia



Euthanasia laws could force Dr. Death out



AdvertisementEuthanasia advocate Dr Philip Nitschke says he will be forced to move his business offshore because of fresh federal legislation that bans discussion about end-of-life choices.

The legislation, which passed parliament in July, prohibits discussion about euthanasia choices over electronic services such as the telephone or the internet.

The new laws, which come into force on January 7 represent the latest move by Canberra against voluntary euthanasia, which it outlawed eight years ago under pressure from right-to-life groups and churches.

The federal government passed legislation in 1997 to override laws introduced by the Northern Territory eight months earlier legalising euthanasia.

Dr Nitschke was the driving force behind the NT legislation - a world first - and assisted four terminally ill patients to kill themselves before the laws were overturned.

He said on Friday the latest legislation would mean his pro-voluntary euthanasia group Exit Australia will have to move its operations to New Zealand.

"If I am talking to someone over the phone and they ask about certain dosages and I give them information then that will be illegal from next year," he said from Darwin.

"We have always been able to get around the illegality of assisting someone to die by merely providing people with information. Now even that will be hard for us."

Dr Nitschke said it would be expensive to move his operation overseas - increasing costs by 50 per cent - but it didn't mean he would be tossing in the towel.

He says the New Zealand Volunteers Euthanasia Society had offered assistance.

"They are amazed our federal government is being so proactive in making life difficult for us," he said.

"Nowhere else in the world has been as predatory as the federal government has been in Australia."

Under the new laws, Dr Nitschke will still be able to discuss people's end-of-life choices verbally - as long as there is no electronic equipment involved.

He said he would divide his time between New Zealand and the Northern Territory and still conduct information workshops across Australia.

"Our books will also still be available which is good; the government hasn't resorted to book-burning just yet.

"These laws are basically the federal government's attempt to appease the religious right in Australia."


http://www.smh.com.au/news/National/Euthanasia-laws-c
ould-force-Nitschke-out/2005/11/11/1131578229407.html

Posted by Editor at 08:54 AM

Activist To Appeal FACE Act



Activist to Appeal FACE Act



Conviction gives man a chance to fight 'unconstitutional' FACE Act

The conviction of a man who rammed a delivery van into a Houston Planned Parenthood clinic in 2003 is just another step in his legal challenge to a federal law protecting clinics from violence.

Frank Lafayette Bird Jr., 64, intends to appeal his conviction on one count of violating the Freedom of Access to Clinic Entrances Act, Public Defender Brent Newton told U.S. District Judge David Hittner.

Hittner found Bird guilty last week during a 20-minute hearing and scheduled his sentencing for Jan. 27. He faces up to three years in prison and a $250,000 fine for damaging or destroying clinic property.

"I would hope that he would get punished to the full extent of the law," said Peter Durkin, chief executive officer of Planned Parenthood of Houston and Southeast Texas.

Neither Newton nor the U.S. Attorney's Office would comment about the case.

Durkin, who called the incident "domestic terrorism," was at his desk on March 7, 2003, when Bird plowed the van through the Fannin clinic's glass doors.

Bird already had spent a year in federal prison for throwing a bottle at the windshield of a doctor's rental car in 1994 at another clinic and had been arrested on a misdemeanor charge for sitting in the doorway of a clinic.

Newton convinced U.S. District Judge Kenneth Hoyt to dismiss the charge against Bird in August 2003 on the grounds that the passage of the FACE Act exceeded Congress's authority under the Commerce Clause of the Constitution.

The Commerce Clause, which gives Congress the right to regulate commerce across interstate borders, is the basis for much national legislation.

The government appealed Hoyt's decision and a three-judge panel of the 5th U.S. Circuit Court of Appeals reversed Hoyt in February and sent the case back to him. The full 5th Circuit upheld the panel's decision and the U.S. Supreme Court refused to hear Bird's appeal.

Hoyt recused himself, saying he disagreed with the 5th Circuit and couldn't follow its ruling, and the case was transferred to Hittner.

Court documents show that Bird doesn't challenge the facts presented by prosecutors, but argues that the law is unconstitutional. The guilty verdict gives him an opportunity to appeal and challenge the FACE Act.

Constitutional scholar Charles "Rocky" Rhodes, professor at South Texas College of Law, gives Bird little chance of overturning the FACE Act in light of recent Supreme Court decisions.

"There is a very minuscule chance that they would be successful in appealing this on the Commerce Clause grounds," Rhodes said, pointing to the Supreme Court's decision in June in Gonzales v. Raich. In that case, the Supreme Court said the Commerce Clause gave Congress the right to regulate the cultivation of marijuana for medical use.

He said two new justices on the Supreme Court appointed by President Bush wouldn't make a difference because the justices they are replacing, William Rehnquist and Sandra Day O'Connor, both dissented in Gonzales v. Raich.


http://www.chron.com/cs/CDA/ss
istory.mpl/metropolitan/3453887

Posted by Editor at 05:14 AM

November 10, 2005

A Democrat of Faith Turns Tables



A Pro-Abort Democrat of Faith



RICHMOND, Va. -- One of the first things Lt. Gov. Timothy M. Kaine did after entering the race for Virginia governor last spring was to go on evangelical Christian radio to talk about faith in politics. And one of his early advertisements spotlighted his work as a Christian missionary in Honduras during a break from law school two decades ago.

Those were just two of a raft of moves by Mr. Kaine's campaign to underscore the importance of his Roman Catholicism to his life and political views. And they were crucial, his advisers say, in helping him parry attacks against his opposition to the death penalty and ultimately win a five-point victory over his Republican opponent, former Attorney General Jerry W. Kilgore, in Tuesday's election to succeed a fellow Democrat, Gov. Mark Warner.

"All Tim's talk about his faith said to people, 'He's not a typical liberal,' " said David Eichenbaum, a media consultant to Mr. Kaine.

A year after polls showed that so-called values voters had been crucial to President Bush's re-election, Mr. Kaine's advisers and some top Democratic strategists say their victory in Virginia shows that Democrats, including liberals, can win in culturally conservative states if they talk about deeply held religious beliefs.

That lesson is likely to be studied by many Democrats across the country as they head into next year's midterm elections, political analysts and party officials say.

"This was a good test case for Democrats to see if they can run an overtly faith-based candidacy, and do it with a progressive candidate in a Southern state," said Mark Rozell, a professor of public policy at George Mason University. "As we go into '06, I think we'll see more Democrats emulating what Kaine did."

Representative Ted Strickland, who is running in next year's Democratic primary for governor of Ohio, said the party had hurt itself by not trying to identify more closely with religious voters. He has already begun talking in his campaign about religion's role in his life and politics.

"I do think the Democratic Party has for far too long been hesitant to talk about the things we deeply believe and value," said Mr. Strickland, a former Methodist minister. "Many public policy positions have their foundation in religious beliefs that we hold dear."

Republicans and political analysts say Democrats run a risk of appearing insincere or cynical in talking about their faith if it is not an integral part of their lives. "I think Kaine was a unique Democrat in that he was not uncomfortable talking about his faith," said Carl Forti, a spokesman for the National Republican Congressional Committee. "But for a lot of Democrats, that is a very unnatural thing."

Some analysts also say the Democrats are likely to face an increasing number of internal battles as candidates stake out more public positions on religion. John Green of the Pew Forum on Religion and Public Life says many liberals are already raising concerns that the party will stray from its traditional positions on abortion and gay rights if it tries too hard to appeal to religious voters who are culturally conservative.

Still, Mr. Green said Democrats could gain "a second look" from conservative voters who tend to write off candidates perceived as hostile to religion. A recent poll by Pewfound that only 29 percent of the public viewed Democrats as "friendly toward religion," compared with 55 percent who said Republicans were.

In Virginia, there were clearly many factors in Mr. Kaine's unexpectedly comfortable victory, among them the popularity of Governor Warner and President Bush's political struggles.

But Mr. Kaine's advisers said their internal polls suggested that their ability to incorporate religion into the candidate's public persona had been crucial.

"We wanted to connect with people in terms of values," Mr. Eichenbaum said. "That would make them more likely to give him a pass on issues they disagree with him on."

Most important of those issues was the death penalty. In October, Mr. Kilgore's campaign began running two commercials featuring families of murder victims sharply criticizing Mr. Kaine's opposition to capital punishment. Mr. Kaine's camp responded quickly with an ad in which he spoke directly into the camera about his Catholicism.

"My faith teaches life is sacred," he said in that ad. "That's why I personally oppose the death penalty. But I take my oath of office seriously. And I'll enforce the death penalty."

Pete Brodnitz, Mr. Kaine's pollster, said focus groups and Internet surveys showed that voters respected Mr. Kaine's position, even if they did not agree with it. And many viewed Mr. Kilgore's ad as unfair.

"After that," Mr. Brodnitz said, "we exhaled."


http://www.nytimes.com/2005/1
1/10/national/10virginia.html

Posted by Editor at 02:34 AM

November 09, 2005

IVF Babies: Trouble In The Making



IVF Babies: Trouble In The Making



Fears grow over potential for long-term health issues

After 27 years and 2 million in vitro babies, scientists still can't say for sure that those children will grow old with normal health.

The 1978 birth of Louise Brown, the world's first "test-tube" baby, raised moral concerns about doctors playing God. And many doctors had their own concerns: that in vitro babies might exhibit chromosome abnormalities or physical deformities. When Louise and the hundreds of babies that followed – including her sister, Natalie – appeared healthy, anxieties faded.

Today, there are new worries about the procedure known as in vitro fertilization, or IVF – more subtle, but still troubling. Genetic disturbances may occur while the embryo incubates in the clinic, researchers say, affecting genes in ways that scientists didn't know to even look for three decades ago.

While fertility technology has become widely used – 45,000 in vitro babies are born each year in the U.S. – only now have scientists begun to understand how even the smallest environmental changes may have a profound effect on an embryo.

There is no indisputable evidence that IVF procedures cause harm, but that may be because researchers aren't examining the children in a systematic or immediate way.

"This is a procedure that seems to be very safe," said Dr. Maruzio Macaluso, branch chief of women's health and fertility in the division of reproductive health at the Centers for Disease Control and Prevention in Atlanta. "But from our data, we can't tell whether there are long-term effects."

IVF techniques are prime candidates for causing errors in genetic programming, altering which genes are actively producing important biological chemicals. Such alterations – known as epigenetic effects – have been linked to cancer and are suspected in many chronic health problems that strike later in life.

And that means such problems may not have had a chance to appear in the in vitro baby population. In the U.S., more than half of IVF babies haven't even celebrated their fifth birthdays yet. Researchers will have to wait years to see whether health problems appear as the babies age.

Studying the effects of IVF is complicated, but the procedure itself is straightforward. Sperm and egg unite in a lab dish instead of a woman's body.

Even with so simple a procedure, though, there are opportunities for problems.

Ovarian stimulation

In 2003, scientists reported in the journal Biology of Reproduction that mice treated with several rounds of ovulation medication produced eggs with some deficiencies such as low levels of an important cellular energy source. Fetal weight also was affected, although ultimately, development was normal. Long-term health wasn't charted, and the scientists said they don't know if ovulation drugs have the same effect on humans.

Other researchers worry that triggering ovulation in women may cause eggs to mature faster than normal. Before the egg is ever released, a special type of genetic programming (known as imprinting) readies the egg for development of a new individual.

Most of the imprinting occurs early in life, but there may be some residual programming that occurs just before ovulation, scientists say. Ovulation medications could alter that programming and have a ripple effect on the health or development of the baby.

"There could be genes in the human that get imprinted relatively late and could be altered," said Dr. Wolf Reik, a developmental geneticist at the Babraham Institute in Cambridge, England. "It's something that should be looked at."

In the lab dish

Inside a woman's body, naturally fertilized eggs are bathed in fluid produced by the oviduct, the tube that leads from the ovary to the uterus. This fluid is optimized for the cell divisions that mark the first few days of an embryo's development.

Embryos conceived in lab dishes are bathed in manmade fluid, called culture medium. Researchers say the fluid, even from a single manufacturer, can vary from batch to batch.

The embryo spends only three to five days in this culture medium, but they are crucial days. Just after fertilization, both mother's and father's genetic contributions are reworked to prepare for the coming cell divisions. In these early days, the pattern of cell divisions determines the proportion of fetal to placental cells, a ratio important for proper development.

A 2004 study from the Proceedings of the National Academy of Sciences showed that mouse embryos grown in culture medium show slight, but measurable, behavioral problems as adults compared with mice that never left the womb.

Other studies have shown that for some animal species, growing embryos in culture medium can yield offspring that are larger than normal; several studies have shown that altering lab dish conditions can change the behavior of critical genes.

For a long time, said Richard Schultz, a biologist from the University of Pennsylvania in Philadelphia who conducted the 2004 study, scientists assumed that if an embryo could survive life in a lab dish and beyond, it was healthy.

"There's been a sense," he said, "that if something bad happens, it doesn't implant or it aborts."

Scientists are now questioning that assumption but also concede that the animal studies may not apply directly to humans. And even though there's no evidence that the culture medium is harming human babies, there's also little opportunity to check.

The recipes for many of the commercially made media are secret – each manufacturer's proprietary information – so determining whether an ingredient has any consequences for long-term health is impossible.

"A doctor should know exactly what he's doing to a patient," said John Biggers, the Harvard Medical School biologist whose work on culture medium decades ago allowed scientists to grow embryos in lab dishes. "It's impeding scientific progress."

Since the beginning, scientists have tweaked the culture medium to improve embryo viability. Paradoxically, those improvements in the culture media may actually help increase the survival chances of less-hardy embryos.

On the other hand, scientists point out that for some women, the manmade media may be better than what is produced naturally.

"The couples using IVF may not have healthy media themselves in their tubes," said Dr. Alistair Sutcliffe, a pediatrician at the Royal Free and University College Medical School in London.

Low birth weights

Like Louise Brown, the majority of babies conceived through IVF appear normal at birth. Studies that track children as far as five years suggest that mental development and general physical condition are normal.

But a 2002 study from the CDC suggested that babies conceived through IVF are more likely to have low birth weights, even if the woman is carrying just one baby.

Low birth weight has been connected to heart disease, diabetes and other conditions later in life among naturally conceived babies, although it's not known whether these risks apply to low birth weight IVF babies, too. Other research has also suggested that birth defects, while still rare, are perhaps as much as 40 percent more common in babies conceived through IVF.

In addition to low birth weight and birth defects, scientists have also found a connection between IVF and Beckwith-Wiedemann syndrome. In natural conception, abnormal genetic programming of particular genes can cause the syndrome, which results in growth defects and a predisposition to certain cancers.

It's unclear whether the connection between Beckwith-Wiedemann syndrome and IVF is real, and not just a chance association. The syndrome is rare to begin with, and even if IVF does increase the risk, odds of getting it are still extremely low. But, scientists say, if IVF does cause the syndrome, it could be a sign the procedure causes other epigenetic problems.

Even with the links between IVF babies and birth abnormalities, scientists warn that you cannot presume that IVF itself is to blame. Any abnormalities could be due to a couple's underlying infertility, rather than the IVF techniques. And low birth weight could occur if a woman starts out carrying twins and one of the fetuses dies. The remaining baby might still be born weighing less than normal.

Actually, researchers say, the biggest known risk of IVF is implanting multiple embryos. Twin and triplet pregnancies present risks to both baby and mother.

More surveillance

More recently, scientists have called for greater scrutiny of IVF, also referred to as ART, for assisted reproductive technology. In 2004, scientists from the CDC and the National Institutes of Health wrote that "research on the safety of ART treatments has seemed to lag behind the continued progress in achieving higher pregnancy and live-birth rates."

In the U.S., the CDC helps maintain a registry of IVF births, but this system, the authors noted, "was designed to measure ART success and has insufficient information about many important infant and child outcomes."

Despite the scientific concerns about its safety, many researchers are reluctant to be too critical. Compared with all the assaults engendered by modern life, IVF doesn't seem excessively risky, they say.

Also, the level of concern in the medical literature may be misleading, noted Tom Mayo, an SMU bioethicist. Scientists have a duty and incentives to research potential risks.

"The papers that get published say there might be a problem," he said. "We don't publish the good news."

And while there may be health risks with IVF, there is also uncertainty in natural conceptions – they may be unplanned or occur in women with poor health habits.

It's impossible to be absolutely certain about safety, said Mark Gibson, professor of obstetrics and gynecology at the University of Utah School of Medicine in Salt Lake City and a member of the editorial board for the journal Obstetrics & Gynecology.

"You can make an argument that we don't know enough about it and that we should stop IVF," he said. "But we could never start it again, because there'd never be an end to the uncertainties."

For now, clinicians must decide what to tell patients about these scientific discussions, said Dr. Carmen Williams, an obstetrician/gynecologist at the University of Pennsylvania Medical Center.

"There's the reality of speaking to a patient," she said. "Is it incumbent to tell them every last risk when the risks aren't known, or they're extremely small?"

Mr. Mayo, the SMU bioethicist, believes so.

"I think that people contemplating these procedures are entitled to know that there are issues," he said. "And that answers are few and far between."

The reality is that it could take several decades to see any ill effects of IVF, scientists say. And creating the kind of study necessary to rule out most problems is deeply problematic.

To assess the effects of culture media, scientists would want to compare an IVF embryo to one conceived naturally. Practically and ethically, this is virtually impossible, said Penn's Dr. Schultz.

To find out whether problems are caused by IVF rather than infertility, researchers could attempt to enroll fertile women – say those who have had their tubes tied – in an IVF study.

"You'd need to do probably thousands and then you'd need to follow them for decades," said Utah's Dr. Gibson. That, he said, is simply impractical.

Even with these limitations, scientists say there is more research that could be done. In 2004, the President's Council on Bioethics recommended a long-term, federally funded study of children born through ART.

In response, the federal government's upcoming National Children's Study will have a special focus on children conceived with assisted reproductive technologies (assuming the funding is granted). And the National Institute for Child Health and Development is funding laboratory research to better assess the vulnerability of the developing egg and early embryo.

Scientists also say that the media used for each round of IVF should be recorded and that infertility treatments should be listed on the certificates of live birth. Some scientists advocate research on human embryos, although in the U.S., this is illegal with federal funds.

And, says Dr. Andrew Feinberg, a professor of genetic medicine at Johns Hopkins School of Medicine in Baltimore, "the direct evidence that would be most helpful hasn't been collected – asking about cancer late in life. And in children, collecting blood and checking their epigenetic status."

The future

In IVF, scientific ingenuity and human desire have joined to create a powerful force. Researchers are hesitant to stand in the way of the birth of babies who are so carefully planned and desperately yearned for.

For all the concerns in the scientific literature, researchers say they don't foresee – and can't justify – any slowdown. But they say more research is warranted.

"It's probably safe, but we don't know," said Penn's Dr. Williams. "Are we just going to shut our eyes and not check?"


http://www.dallasnews.com/sharedcontent/dws/news/healthsc
ience/stories/DN-ivf_06nat.ART.North.Edition2.d866295.html

Posted by Editor at 07:24 AM

November 08, 2005

PBS FRONTLINE Presents 'The Last Abortion Clinic'



The Last Abortion Clinic



PBS.org - coming Nov. 08, 2005 at 9pm

Today, the headlines are filled with speculation about changes in the U.S. Supreme Court and what those changes might mean for abortion -- an issue that has divided the country for over 30 years. Heated rhetoric from "both sides" continues to be heard in courtrooms and on the campaign trail. But while attention is often focused on the arguments, there is another story playing out in local communities.

Editor's note: When the secular media uses the term "both sides" concerning abortion, Christians need to be cautious that they are not suckered into a false dilemma. For example, the view that regulating abortion is "pro-life," is, in fact, a lie. Regulating how children are to be murdered by abortion has nothing to do with being pro-life.

The two opposing sides in this "regulation debate" are actually two sides of the same coin. The people on one side want unrestricted abortions and argue against the regulations. While the people on the other side, like Americans United for Life, argue to expand government control of abortion by regulating the killing. In either case, babies are killed by abortion and both groups of people are guilty of murder!

The alternate option, which is rarely discussed by the secular media, is the view that abortion is the crime of murder. The people on this side of the debate point to the evidence of the murdered corpses of aborted children and then demand that laws be passed that will allow Justice to be upheld by arresting, prosecuting and punishing the perpetrators. The evidence demands that Justice be upheld!

I doubt very seriously that ''Front-line" will present a fair and unpartial presentation of the murder of children by abortion and the struggle being waged to pass righteous laws that are being opposed by the enemy within the pro-life camp.

There is also another element of the abortion industry never mentioned by the secular media: How many doctors across the country preform abortions in their private offices? Doctors performing abortions in their private offices and then merely writing it off as a routine D and C is a common practice that's been going on for years, especially in states with few abortion clinics.

--Jim Rudd

Posted by Editor at 01:00 PM

Baby found at Dallas treatment



Baby Found In Sewage



DALLAS -- Police are investigating a human fetus found at a wastewater treatment plant.

A worker at the plant found the fetus about 9 a.m. on a conveyer belt that strains solid waste from the running water, Police Cpl. Max Geron said.

Police are determining whether an offense has been committed, Geron said.

"It's very different from finding a body," Geron said. "The fetus would have had to been born and viable, and there is a possibility it was a miscarriage."

Preliminary medical examiner reports indicate that the fetus may have been 20 to 24 weeks old.

Police said it will be hard to track it because the Southeast Dallas plant serves Dallas, Wilmer, Cleburg, Hickory Creek and Balch Springs. Geron said it is unlikely that someone placed the fetus in the plant, but that it probably came through the sewage system.

The medical examiner will rule on the cause of death, Geron said.


http://www.dfw.com/mld/df
w/news/local/13105843.htm

Posted by Editor at 07:28 AM

Church Marks 30 Years



Church Marks 30 Years



Local, state officials turn out for anniversary

The Rev. Chuck Baldwin had a flock of six when he founded Crossroad Baptist Church in 1975 in Brownsville.

Baldwin was 23 years old, but most thought he was 16 and pulling their leg when he knocked on their door, preaching the word of God.

But Sunday, at 6800 Mobile Highway, about 600 people, including local politicians and guests, helped Baldwin celebrate his church's 30th anniversary.

Crossroad Baptist Church now is 1,000 members strong, and Baldwin, 53, is firmly at the helm, accompanied by his wife, Connie.

And the church is growing. A new sanctuary is being built next door on the church's property near the Pensacola Fairgrounds.

Baldwin's conservative Christian message on his radio show, "Chuck Baldwin Live," is broadcast 36 times a week over several area radio stations. He is a syndicated national newspaper columnist and posts articles on the Internet.

Baldwin was selected as the candidate for vice president on the Constitution Party's presidential ticket in 2004.

"We have felt God's presence and power from day one, and we continue to grow over the years," Baldwin said.

Baldwin also credited the congregation for helping him through the early difficult times.

He continues to press his message and said it is crucial for other Christian leaders to stand up and speak the word of God.

Escambia County Commissioner Tom Banjanin, State Attorney Bill Eddins, state Rep. Dave Murzin, R-Pensacola, and Escambia County Supervisor of Elections David Stafford were among the guests Sunday.

"(Baldwin) is a true patriot and stands up for Christian values," said Banjanin, a close friend of Baldwin for close to 28 years. "He is not afraid to speak up for what is right."


http://www.pensacolanewsjournal.com/apps/pbcs.d
ll/article?AID=/20051107/NEWS01/511070330/1006

Posted by Editor at 07:14 AM

November 07, 2005

Antiwar Sermon Brings IRS Warning



Antiwar Sermon Brings IRS Threat



All Saints Episcopal Church in Pasadena risks losing its tax-exempt status because of a former rector's remarks in 2004.

The Internal Revenue Service has warned one of Southern California's largest and most liberal churches that it is at risk of losing its tax-exempt status because of an antiwar sermon two days before the 2004 presidential election.

Rector J. Edwin Bacon of All Saints Episcopal Church in Pasadena told many congregants during morning services Sunday that a guest sermon by the church's former rector, the Rev. George F. Regas, on Oct. 31, 2004, had prompted a letter from the IRS.

In his sermon, Regas, who from the pulpit opposed both the Vietnam War and 1991's Gulf War, imagined Jesus participating in a political debate with then-candidates George W. Bush and John Kerry. Regas said that "good people of profound faith" could vote for either man, and did not tell parishioners whom to support.

But he criticized the war in Iraq, saying that Jesus would have told Bush, "Mr. President, your doctrine of preemptive war is a failed doctrine. Forcibly changing the regime of an enemy that posed no imminent threat has led to disaster."

On June 9, the church received a letter from the IRS stating that "a reasonable belief exists that you may not be tax-exempt as a church … " The federal tax code prohibits tax-exempt organizations, including churches, from intervening in political campaigns and elections.

The letter went on to say that "our concerns are based on a Nov. 1, 2004, newspaper article in the Los Angeles Times and a sermon presented at the All Saints Church discussed in the article."

The IRS cited The Times story's description of the sermon as a "searing indictment of the Bush administration's policies in Iraq" and noted that the sermon described "tax cuts as inimical to the values of Jesus."

As Bacon spoke, 1984 Nobel Peace Prize winner Archbishop Desmond Tutu, a co-celebrant of Sunday's Requiem Eucharist, looked on.

"We are so careful at our church never to endorse a candidate," Bacon said in a later interview.

"One of the strongest sermons I've ever given was against President Clinton's fraying of the social safety net."

Telephone calls to IRS officials in Washington, D.C., and Los Angeles were not returned.

On a day when churches throughout California took stands on both sides of Proposition 73, which would bar abortions for minors unless parents are notified, some at All Saints feared the politically active church had been singled out.

"I think obviously we were a bit shocked and dismayed," said Bob Long, senior warden for the church's oversight board. "We felt somewhat targeted."

Bacon said the church had retained the services of a Washington law firm with expertise in tax-exempt organizations.

And he told the congregation: "It's important for everyone to understand that the IRS concerns are not supported by the facts."

After the initial inquiry, the church provided the IRS with a copy of all literature given out before the election and copies of its policies, Bacon said.

But the IRS recently informed the church that it was not satisfied by those materials, and would proceed with a formal examination. Soon after that, church officials decided to inform the congregation about the dispute.

In an October letter to the IRS, Marcus Owens, the church's tax attorney and a former head of the IRS tax-exempt section, said, "It seems ludicrous to suggest that a pastor cannot preach about the value of promoting peace simply because the nation happens to be at war during an election season."

Owens said that an IRS audit team had recently offered the church a settlement during a face-to-face meeting.

"They said if there was a confession of wrongdoing, they would not proceed to the exam stage. They would be willing not to revoke tax-exempt status if the church admitted intervening in an election."

The church declined the offer.

Long said Bacon "is fond of saying it's a sin not to vote, but has never told anyone how to vote. We don't do that. We preach to people how to vote their values, the biblical principles."

Regas, who was rector of All Saints from 1967 to 1995, said in an interview that he was surprised by the IRS action "and then I became suspicious, suspicious that they were going after a progressive church person."

Regas helped the current church leadership collect information for the IRS on his sermon and the church's policies on involvement in political campaigns.

Some congregants were upset that a sermon citing Jesus Christ's championing of peace and the poor was the occasion for an IRS probe.

"I'm appalled," said 70-year-old Anne Thompson of Altadena, a professional singer who also makes vestments for the church.

"In a government that leans so heavily on religious values, that they would pull a stunt like this, it makes me heartsick."

Joe Mirando, an engineer from Burbank, questioned whether the 3,500-member church would be under scrutiny if it were not known for its activism and its liberal stands on social issues.

"The question is, is it politically motivated?" he said. "That's the underlying feeling of everyone here. I don't have enough information to make a decision, but there's a suspicion."

Bacon revealed the IRS investigation at both morning services. Until his announcement, the mood of the congregation had been solemn because the services remembered, by name, those associated with the church who had died since last All Saints Day.

Regas' 2004 sermon imagined how Jesus would admonish Bush and Kerry if he debated them. Regas never urged parishioners to vote for one candidate over the other, but he did say that he believes Jesus would oppose the war in Iraq, and that Jesus would be saddened by Bush's positions on the use and testing of nuclear weapons.

In the sermon, Regas said, "President Bush has led us into war with Iraq as a response to terrorism. Yet I believe Jesus would say to Bush and Kerry: 'War is itself the most extreme form of terrorism. President Bush, you have not made dramatically clear what have been the human consequences of the war in Iraq.'"

Later, he had Jesus confront both Kerry and Bush: "I will tell you what I think of your war: The sin at the heart of this war against Iraq is your belief that an American life is of more value than an Iraqi life. That an American child is more precious than an Iraqi baby. God loathes war."

If Jesus debated Bush and Kerry, Regas said, he would say to them, "Why is so little mentioned about the poor?''

In his own voice, Regas said: ''The religious right has drowned out everyone else. Now the faith of Jesus has come to be known as pro-rich, pro-war and pro-American…. I'm not pro-abortion, but pro-choice. There is something vicious and violent about coercing a woman to carry to term an unwanted child."

When you go into the voting booth, Regas told the congregation, "take with you all that you know about Jesus, the peacemaker. Take all that Jesus means to you. Then vote your deepest values."

Owens, the tax attorney, said he was surprised that the IRS is pursuing the case despite explicit statements by Regas that he was not trying to influence the congregation's vote.

"I doubt it's politically motivated," Owens said. ""I think it is more a case of senior management at IRS not paying attention to what the rules are."

According to Owens, six years ago the IRS used to send about 20 such letters to churches a year. That number has increased sharply because of the agency's recent delegation of audit authority to agents on the front lines, he said.

He knew of two other churches, both critical of government policies, that had received similar letters, Owens said.

It's unclear how often the IRS raises questions about the tax-exempt status of churches.

While such action is rare, the IRS has at least once revoked the charitable designation of a church.

Shortly before the 1992 presidential election, a church in Binghamton, N.Y., ran advertisements against Bill Clinton's candidacy, and the tax agency ruled that the congregation could not retain its tax-exempt status because it had intervened in an election.

Bacon said he thought the IRS would eventually drop its case against All Saints.

"It is a social action church, but not a politically partisan church," he said.


http://www.latimes.com/news/printedition/la-me-allsaints7n
ov07,1,597130.story?coll=la-tot-promo&track=mostemailedlink


(In accordance with Title 17 U.S.C. Section 107, any copyrighted work in this message is distributed under fair use without profit or payment for non-profit research and educational purposes only.)
[Ref. http://www.copyright.gov/title17/92chap1.html#107]


Posted by Editor at 01:16 PM

Abortion Opponents In Alito's Home State Withhold Support



They know him by his fruits



Groups believe several rulings 'are not pro-life'

When federal appeals court judge Samuel Alito was nominated to the U.S. Supreme Court on Monday, he was quickly labeled an "anti-choice jurist" who would jeopardize a woman's right to an abortion. National groups such as Planned Parenthood, NARAL Pro-Choice America and People for the American Way mobilized to block his confirmation.

But abortion opponents in his home state of New Jersey are not rushing to endorse his confirmation, and at least one actively opposes it.

The heads of both New Jersey Right to Life and the League of American Families said they are troubled by Alito's 2000 ruling striking down the state's ban on partial-birth abortion.

Richard Collier, the lawyer who unsuccessfully defended that law, said Alito has shown he is not "committed to the cause of life." Collier said he has reviewed the four cases to come before Alito in which it was an issue and his rulings in three of them "are not pro-life."

"He's been tested four times and he's taken three dives as far as I'm concerned," Collier said. "That's not a record to be proud of."

Meanwhile, an Associated Press-Ipsos poll found evangelicals, Republicans and the wealthy were more hesitant to support Alito than they were to support John Roberts, who was confirmed to succeed the late Chief Justice William Rehnquist. Overall backing for Alito was closer to the level of early support for the failed nomination of White House counsel Harriet Miers.

The criticism Alito is getting from both sides of the abortion debate may say more about how it has polarized America than it does about the nominee. True believers on both sides of the issue are not willing to settle for an honest umpire; they want nothing less than a champion for their cause.

What is telling is the argument each side makes. They give Alito no credit for ruling in their favor while faulting him for what he might have done, but did not.

Elliot Mincberg, senior vice president and legal director of People For the American Way, gives Alito no praise for his rulings upholding abortion rights.

"He clearly was bound by precedent," Mincberg said. "That simply says Alito, as a lower court judge, is not going to defy precedent."

Collier, who also heads a Morristown-based legal clinic that aids abortion opponents, gives Alito no break for following the U.S. Supreme Court's orders. The high court guaranteed a woman's right to abortion with its landmark ruling in the 1973 case of Roe vs. Wade.

"You can follow precedent and still make a statement, and I have not heard any statement being made," Collier said. "I would expect someone with Judge Alito's intellect to use these cases to lay the foundation for overturning Roe or perhaps limiting Roe. I didn't see any of that."

Marie Tasy, director of public and legislative affairs for New Jersey Right to Life, has similar concerns about Alito.

"He's never said how he felt about Roe v. Wade," Tasy said, adding that Alito could have stated his views -- as some other judges have -- but did not.

"There's a big question mark here," Tasy said, adding that her group is scrutinizing Alito's record while deciding whether to endorse him. "I wouldn't say it's a given," she said.

John Tomicki, executive director of the League of American Families, said, "We have concerns about some of his reasoning in Planned Parenthood v. Farmer," his 2000 ruling on partial-birth abortion.

"It's not an opposition; it's a reservation and a concern," Tomicki said. "Right now, we're being cautious and have not fully formed our opinion."

Those who call Alito a threat to abortion rights point to his much-discussed dissent in a 1991 ruling on a Pennsylvania requirement that wives planning an abortion first tell their husbands. In a 2-1 decision, the U.S. Court of Appeals for the Third Circuit ruled it unconstitutional, with Alito voting to uphold it. The U.S. Supreme Court, in a 5-4 ruling, agreed the requirement unduly burdened a woman's right to have an abortion.

Nine years later, Alito struck down a 1997 New Jersey law banning partial-birth abortion, but did so on narrower grounds than his two fellow judges.

The appeals court had already heard arguments on New Jersey's law when the U.S. Supreme Court agreed to review an identical partial-birth abortion ban from Nebraska. The high court struck it down, 5-4, in June 2000.

A month later, federal Appeals Court Judge Maryanne Trump Barry released her ruling striking down New Jersey's law. Her opinion lambasted New Jersey lawmakers for passing a law "so vague as to encompass almost all forms of abortion." Barry said there was "simply no excuse" for their failure to be precise.

Alito agreed the law was unconstitutional under the U.S. Supreme Court's ruling in the Nebraska case, but argued there was no need to say more. The ruling from the top court made any further discussion moot. Enough said.

"I do not join Judge Barry's opinion, which was never necessary and is now obsolete," Alito wrote.

Mincberg said Alito "went out of his way not to join in that opinion," raising doubts about his commitment to upholding abortion rights.

Collier said, "If he were looking to distance himself, he would have gone one step further and sent it (the case) to the New Jersey Supreme Court."

Collier had asked the federal judges to do just that so the state court could rule it covered only one particularly gruesome procedure and save it from being unconstitutional. Alito's refusal, he said, was "just wrong. It's wrong on federalism grounds."

Alito also upheld abortion rights in 1995, when, in a 2-1 ruling, he cast the deciding vote striking down restrictions on Pennsylvania Medicaid-funded abortions that violated federal regulations.

In 1997, in a case that posed the question of whether a fetus has legal rights, he upheld a New Jersey law that does not allow parents to sue for the wrongful death of a stillborn child.

A number of conservative groups with a focus that goes beyond opposition to abortion, such as Concerned Women for America and the Family Research Council, are enthusiastically rallying support for Alito.

Collier said he may represent a minority viewpoint within the anti-abortion movement, but it has "been burned before." He said when Justices Sandra Day O'Connor, David Souter and Anthony Kennedy were nominated, "there were assurances given, 'trust me'-type things, that these were pro-life nominees. They certainly didn't turn out to be."


http://www.nj.com/news/ledger/index.ssf
?/base/news-3/113116952757090.xml&coll=1

Posted by Editor at 08:18 AM

Big Lies and Little Lies



Big Lies and Little Lies



by Rep. Ron Paul, MD.

Scooter Libby has been indicted for lying. Many suspect Libby, and perhaps others, deliberately outed Joe Wilson’s wife as a covert CIA agent. This was done to punish and discredit Wilson for bringing attention to the false information regarding Iraq’s supposed efforts to build a nuclear weapon-- information made public in President Bush’s State of the Union message in January 2003. Special Prosecutor Patrick Fitzgerald was chosen to determine if this revelation regarding Valerie Plame, Wilson’s wife, violated the Intelligence Identification Protection Act. The actual indictment of Libby did not claim such a violation occurred. Instead, he has been charged with lying and participating in a cover-up during the two-year investigation. I believe this is a serious matter that should not be ignored, but it is not an earth-shattering event.

This case, like almost everything in Washington, has been driven by politics-- not truth, justice, or the Constitution. It’s about seeking political power, pure and simple, not unlike the impeachment process during the last administration.

There are much more serious charges of lying and cover-ups that deserve congressional attention. The country now knows the decision to go to war in Iraq was based on information that was not factual. Congress and the people of this country were misled. Because of this, more than 2,000 U. S. troops and many innocent people have died. Tens of thousands have been severely wounded, their lives forever changed if not totally ruined.

The lies Scooter Libby may or may not have told deserve a thorough investigation. But in the scheme of things, the indictment about questions regarding the release of Valerie Plame’s name, a political dirty trick, is minor compared to the disinformation about weapons of mass destruction and other events that propelled us into an unnecessary war. Its costs-- in life, suffering, and money-- have proven to be prohibitive.

The Libby indictment, unless it opens the door to more profound questions concerning why we went to war, may serve only as a distraction from much more serious events and lies.

The decision to go to war is profound. It behooves Congress to ask more questions and investigate exactly how the President, Congress, and the people were misled into believing that invading Iraq was necessary for our national security.

Why do we still not know who forged the documents claiming Saddam Hussein was about to buy uranium from Niger?

Was this information concocted by those who were overly eager to go to war?

Why was CIA reluctance regarding this assessment ignored, allowing it to be presented by the President as a clincher for our need to go to war?

Other reasons used to justify the war deserve equal attention, since the results have been so painful for our country.

If lies were told to justify the invasion of Iraq, the American people deserve to know the truth. Congress has a responsibility to seek this truth and change our policies accordingly. The sooner this is done the better.

Posted by Editor at 06:34 AM

November 04, 2005

Court Says Parents Not Sole Providers Of Kids' Sex Education



U.S. Court: Parents have no "fundamental right"



San Francisco -- A federal appeals court dismissed a lawsuit by elementary school parents who were outraged that the Palmdale School District had surveyed students about sex.

While the surveys asked students how often they thought about sex, among other questions, the 9th U.S. Circuit Court of Appeals said Wednesday that parents of public school children have no "fundamental right" to be the exclusive provider of sexual information to their children.

The parents maintained they had the sole right "to control the upbringing of their children by introducing them to matters of and relating to sex."

The plaintiffs had sought unspecified monetary damages.

In upholding a lower court that had also ruled against the parents, a three-judge panel of the appeals court here dismissed the case, ruling unanimously that "parents are possessed of no constitutional right to prevent the public schools from providing information on that subject to their students in any forum or manner they select."

Judge Stephen Reinhardt, writing for the San Francisco-based panel, added that "no such specific right can be found in the deep roots of the nation's history and tradition or implied in the concept of ordered liberty."

The appellate panel noted that other courts have upheld similar issues, including mandatory health classes, a school district's condom distribution program and a district's compulsory sex education program.

An attorney for the parents, Erik Gunderson, said he was exploring appellate options. The district's attorney, Dennis Walsh, said the survey was not to sexually exploit children but instead was part of a legitimate program to help students.

The district, located in Los Angeles County, had dropped the survey in 2002 amid complaints from parents. The poll was given to children in the first, third and fifth grades.

It was part of a program to gauge exposure to early trauma and to assist in designing a program for children to overcome barriers to learning, according to the district.

Parents whose students took the survey signed consent forms, however the forms never mentioned sex would be a topic. Questions the children answered included whether they thought about having sex, thought about touching other people's "private parts" and whether they could "stop thinking about having sex."

The case is Fields v. Palmdale School District, 03-56499.


http://sfgate.com/cgi-bin/article.cgi?
f=/n/a/2005/11/02/state/n125603S08.DTL

Posted by Editor at 11:08 AM

Bush defiling American values, Carter says



Carter: Bush defiling American



WASHINGTON -- As he promotes his latest book, Jimmy Carter is performing an unusual role for ex-presidents: that of full-throated presidential critic.

"I have been reluctant to publicly castigate an administration, but I think this particular administration has departed from all previous presidents," Carter, 81, told a group of reporters here, part of a series of appearances to publicize his 20th book, called "Our Endangered Values."

Carter says the book is his first "that's ever been designed to criticize an incumbent president." It is a sprawling indictment of the Bush presidency - over Iraq, torture, taxes and deficits, among other things.

The Georgia Democrat, a born-again Christian, puts at the top of his complaints what he says is a rising "fundamentalism" in politics, "an unprecedented and overt - not disguised - merger of the church and the state, of religion and politics."

Carter noted Thursday that he and Bush were both devout Christians and said he didn't have any doubt about the sincerity of Bush's faith.

But he added: "I have a commitment to worship the prince of peace, not the prince of pre-emptive war."

The White House declined a request Thursday to comment on Carter's criticisms of Bush, which are more pointed than in the past and unusual in the recent history of former presidents.

Democrat Bill Clinton, for example, has been much more guarded in his comments about Bush, while apparently enjoying a hearty friendship with his own GOP predecessor, the first President Bush.

"That's pretty unusual," presidential scholar Charles O. Jones said of Carter's effort to influence the public debate about a sitting president.

Jones said he was somewhat skeptical of Carter's impact in that regard, partly because Carter's own presidency gets mixed reviews from historians and the public and partly because "it's real hard for a person who is out of office, I don't care who it is - a former governor, a former president, a former quarterback, somebody who isn't there anymore - to have a whole lot of influence."

At the same time, Carter's statements are very much in character, said Jones, a fellow of the Brookings Institution and a retired University of Wisconsin-Madison professor. "He is not inclined to hold back," Jones said.

Taking questions from reporters Thursday, Carter offered criticisms of his own party as well.

He said Democrats were "overemphasizing abortion" and suggested that support for the right to late-term abortions - "where you kill a baby as it's emerging from its mother's womb" - was hurting the party.

Carter added: "Also in 2004, there was a substantial aversion of the Democratic leaders to demonstrate - maybe failure is a better word than aversion - to demonstrate a compatibility with the deeply religious people in this country. I think that absence hurt a lot."

Such voters saw him and Clinton as compatible with them, but "I don't think they had that feeling in 2004," Carter said, alluding to John Kerry's candidacy.

When asked about his interaction with past presidents, Carter talked matter-of-factly about his strained relations with fellow Democrat Clinton, who regularly rebuffed Carter's efforts to get involved in international problem-solving, Carter said.

Carter said his closest bond with a successor was with President George H.W. Bush, but when Clinton came into office, his contact with the White House "dissipated."

But at Thursday's breakfast session with reporters, sponsored by The Christian Science Monitor, the 39th president spent much of his time discussing the current chief executive.

He said the Bush administration represented a "radical departure from the policies of the United States of America's government, as contrasted with George Bush senior, as contrasted with Gerald Ford, Ronald Reagan, Dwight Eisenhower, as well as Democratic presidents."

Among the examples that Carter offered were tax and budget policies that he said favored rich over poor and the doctrine of pre-emptive strikes. "I think the attitude of going to war against a relatively defenseless country in order to prevent violence in the world is a complete fallacy," Carter said.

Carter's comments about his own presidency were a blend of self-defense and self-deprecation. "I made some mistakes obviously when I was president. I think everybody does. (But) there were no scandals. There was never any allegation that anybody in my administration did anything that was improper or illicit or illegal, and ... we never launched a war against anybody," Carter said.

The ex-president also acknowledged that his later activism and advocacy have garnered more praise than his tenure in office. His Carter Center in Atlanta is focused on human rights and receives the proceeds from his books, he said.

According to Gallup, Carter's average approval rating in office was just over 45 percent. Asked in a national Gallup Poll last year how Carter's presidency would go down in history, about 5 percent said outstanding, about 22 percent said above average, about 48 percent said average, about 17 percent said below average, and about 7 percent said poor.

"I can't deny that I'm a better ex-president than I was a president," said Carter, who was defeated for re-election by Ronald Reagan in 1980.

When he was asked by one reporter about the second-term political problems that have plagued Bush and other recent presidents, Carter smiled and said, "Yeah, I escaped from that."


http://www.mercurynews.com/mld/mer
curynews/news/politics/13076016.htm

Posted by Editor at 10:18 AM

Alito Hearings Scheduled for January



Hearings Scheduled for January



Alito Hearings Scheduled for January
CAPITOL HILL -- The Supreme Court confirmation hearings for Judge Samuel Alito won't begin until early next year. Senate Judiciary Committee Chairman Arlen Specter and top committee Democrat Patrick Leahy announced plans for the hearings to start January 9. Specter sees a Senate vote by January 20, just a few days before President George W. Bush's State of the Union speech. Specter cited the huge number of Alito's opinions that will have to be reviewed in announcing the date.

Alito hearings to begin second week
of January, though Bush wanted earlier

Some Republicans noted that a vote in January -- before Bush's State of the Union address -- could allow him to claim an early political success in the new year. They also said it could be politically risky to have Alito testify in December, then allow several weeks to elapse before a vote by the full Senate. That would allow liberal critics to mount a nationwide campaign for his rejection.

O'Connor To Remain On Supreme Court For Sodomite Related Case
Washington -- The Senate will begin hearings Jan. 9 on Judge Samuel Alito's appointment to the Supreme Court. That means Sandra Day O'Connor, a moderate and the justice Alito would replace if confirmed, will remain on the high court for a case involving the Pentagon's "don't ask, don't tell" policy." (story) The court is scheduled to take up the case over whether colleges can bar military recruiters from their campuses on Dec. 6. Despite his conservative judicial record, Alito argued in 1971 that sodomy laws should be overturned. The US Supreme Court finally did overturn laws against consensual gay sex in 2003.

With Alito, Kennedy would have pivotal role
On contentious issues, justice's
vote would be decisive, scholars say

WASHINGTON -- The confirmation of Samuel A. Alito Jr. to the US Supreme Court would make Justice Anthony Kennedy the court's swing vote, giving him decisive power on constitutional law governing abortion restrictions, affirmative action, campaign finance regulations, and government involvement with religion, legal scholars said.

Nader urges lawmakers to challenge Alito on corporate power
TRENTON, N.J. -- Consumer advocate Ralph Nader is calling on the U.S. Senate Judiciary Committee to challenge Supreme Court nominee Samuel A. Alito Jr. about his position on issues involving corporate power in American society. Alito's background raises questions about whether he would be "a fair, impartial, open-minded jurist on the key issues of corporate power and domination in our country," Nader said Thursday during an appearance at the Statehouse.

Posted by Editor at 06:32 AM

November 03, 2005

Alito Unlikely to Overturn Roe



Alito Unlikely to Overturn Roe



Judges: Alito Unlikely to Overturn Roe
WASHINGTON -- Five current or former judges on the Philadelphia-based 3rd U.S. Circuit Court of Appeals interviewed by The Associated Press described Alito as thoughtful, intelligent and fair. They said he has great respect for precedent-setting decisions and none of them offered that he would be likely to vote to overturn the 1973 Roe v. Wade decision legalizing abortion. Senior Judge Leonard Garth, a Nixon appointee for whom Alito served as law clerk from 1976-77 before they became colleagues in 1990, said, "Sam is not going to overturn Roe v. Wade," said Garth, a moderate conservative who signed on to a 2000 abortion-rights decision involving a procedure foes call "partial-birth" abortion that Alito criticized as too expansive.

The Young Alito Issued Rousing
Defense Of Privacy And Gay Rights

WASHINGTON -- In college, Samuel Alito led a student conference that urged legalization of sodomy and curbs on domestic intelligence, a sweeping defense of privacy rights he said were under threat by the government and the dawning computer age. Three decades before the Supreme Court decriminalized gay sex, Alito declared on behalf of his group of fellow Princeton students that "no private sexual act between consenting adults should be forbidden." Alito also called for an end to discrimination against homosexuals in hiring.

Democrat: Alito Won't 'Chisel Away' Law
WASHINGTON -- A centrist Democratic senator complimented Supreme Court nominee Samuel Alito Wednesday as a jurist who won't "hammer away and chisel away" existing law. While Sen. Ben Nelson did not endorse President Bush's latest nominee for the high court, he did say he was impressed by what he heard from Alito during his introductory visit. The Nebraska Democrat, who was Alito's first senatorial host Wednesday, told reporters that he got assurances that Alito would not be "judicial activist" or "take an agenda to the bench" if confirmed to succeed Associate Justice Sandra Day O'Connor, who is retiring. "He assured me that he wants to go to the bench without a political agenda," said Nelson, one of the founding members of the centrist "Gang of 14" senators who earlier this year worked out a compact aimed at avoiding judicial filibusters except in the direst of circumstances.

Two GOP Senators: No Filibuster on Alito
WASHINGTON -- A group of centrist senators who halted a previous filibuster fight is making plans for Supreme Court nominee Samuel Alito, but at least two of the group's Republicans say their decision is already made: no filibuster. "The truth of the matter is that it's way too early to talk about extraordinary circumstances," said Sen. Ben Nelson, D-Neb., a founding member of the group. "I'm not hearing any of my colleagues talk about it, and I'd rather not hear any of my colleagues on the other side talk about it as well."

Senate's 'Gang of 14' Fractures Over Alito
WASHINGTON -- The 14 centrists who averted a Senate breakdown over judicial nominees last spring are showing signs of splintering on President Bush's latest nominee for the Supreme Court. That is weakening the hand of Democrats opposed to conservative judge Samuel Alito and enhancing his prospects for confirmation. The early defection of two of the group's Republicans, Mike DeWine of Ohio and Lindsey Graham of South Carolina, could hurt if Democrats decide to attempt a filibuster of Alito, the New Jersey jurist Bush nominated Monday to replace retiring Sandra Day O'Connor.

Hagel Endorses Alito; Nelson Gets Positive Vibes
Sen. Chuck Hagel said Wednesday he’ll support Judge Samuel Alito’s nomination to the U.S. Supreme Court. After meeting with Alito in his Senate office, Hagel issued a statement declaring he will “enthusiastically endorse and support” the nominee. “There should be widespread support in the Senate for a fair up-or-down vote on Judge Alito,” Nebraska’s Republican senator said. Hagel’s office said their discussion touched on centralization of federal government power, civil rights and individual rights.

Jury Out on Judge Alito in Senate
Despite the heated response by a group of liberal Democrats to Judge Samuel Alito's Supreme Court nomination, opponents would face long odds in killing his chances to join the court with a filibuster. Interviews with moderate Republican and Democratic senators Tuesday indicated that most do not expect to find anything so alarming in his record or background to merit such a drastic parliamentary tactic. At worst, many said they would like to wait and see how Alito fares during the Senate Judiciary Committee hearings on his nomination.

Posted by Editor at 07:06 AM

Alito Writing Backed Privacy, Gay Rights



Alito Backed Rights for Sodomites



PRINCETON, N.J. -- As a senior at Princeton University, Samuel A. Alito Jr. chaired an undergraduate task force that recommended the decriminalization of sodomy, accused the CIA and the FBI of invading the privacy of citizens, and said discrimination against gays in hiring ''should be forbidden."

The report, issued in 1971 by Alito and 16 other Princeton students, stemmed from a class assignment to study the ''boundaries of privacy in American society" and to recommend ways to protect individual rights.

The far-ranging report, which satisfied a requirement for public policy students and which was stored in the university's Seeley G. Mudd Manuscript Library, provided a glimpse of a more liberal Alito than the jurist is now perceived.

''We sense a great threat to privacy in modern America," Alito wrote in a foreword to the report, in 1971. ''We all believe that privacy is too often sacrificed to other values; we all believe that the threat to privacy is steadily and rapidly mounting; we all believe that action must be taken on many fronts now to preserve privacy."

A classmate, Jeffrey G. Weil, said yesterday that Alito, one of the top seniors in his class, had been selected to advise juniors writing the report, coaching them through the research and then writing an introduction explaining their recommendations.

Alito was ''not a person who has an agenda in terms of changing the world," said Weil, who is now a lawyer in Philadelphia. His role was mostly advisory, said Weil, who wrote the section of the report dealing with gay rights but who said he could not remember whether Alito personally agreed with the recommendations.

The Supreme Court did not strike down laws prohibiting gay sex until the Lawrence v. Texas case in 2003. Many social conservatives have criticized that decision.

As a judge, Alito has not ruled on any major gay rights cases. Richard H. Fallon, a professor at Harvard Law School, said that it would be a mistake to read too much into ''little bits of evidence like this" and that even if Alito held socially liberal views on gay rights, it would not necessarily mean that he would vote in favor of gay marriage or any other issue.

''From the fact that someone thinks legislators ought to forbid discrimination," he said, ''it does not follow that the person would necessarily think that the Supreme Court of the United States ought to hold that the Constitution forbids discrimination against gays."

Indeed, the 1971 report rarely commented on what action the judiciary should take, focusing mostly in legislative action. The report covered what its undergraduate authors saw as increasing threats to privacy in the late 1960s, questioning whether the ''cybernetic revolution" would result in more invasions of privacy and criticizing government surveillance of ''mild dissenters on the war in Vietnam."

Alito, who would probably rule on many privacy issues arising from the Bush administration's pursuit of the war on terror, wrote in his 1971 introduction: ''We are convinced that in recent years government has often used improper means to gather information about individuals who posed no threat either to their government or to their fellow citizens."

At the end Alito wrote: ''The erosion of privacy, unlike war, economic bad times, or domestic unrest, does not jump to the citizen's attention . . . But by the time privacy is seriously compromised, it is too late to clamor for reform."


http://www.boston.com/news/nation/washington/articles
/2005/11/02/alito_writing_backed_privacy_gay_rights/

Posted by Editor at 04:19 AM

November 02, 2005

Supreme Court Politics - 'Alito Is No Ideologue'



'Alito Is No Ideologue'



Liberals Say Alito Is No Ideologue
Samuel A. Alito Jr. was quickly branded a hard-core conservative after President Bush announced his nomination, but a surprising number of liberal-leaning judges and ex-clerks say they support his elevation to the Supreme Court. Those who have worked alongside him say he was neither an ideologue nor a judge with an agenda, conservative or otherwise. They caution against attaching a label to Alito.

White House Watch: Democrats want a
slow path to Alito's confirmation vote

Senate Democrats, wanting to keep Justice Sandra Day O'Connor on the job through April's end of Supreme Court arguments, are building a case to move slowly on the confirmation of her nominated replacement, Samuel Alito. "I think that we should just wait," said Senate Minority Leader Harry Reid.

Democrats Push to Delay Alito Hearings
WASHINGTON -- Senate Democrats pushed on Tuesday for a 2006 date for hearings on Supreme Court nominee Samuel Alito, challenging President Bush's call for confirmation by year's end. "There's no way you can do an honest hearing by the end of December, or a fair hearing," said Sen. Patrick Leahy of Vermont, the senior Democrat on the Senate Judiciary Committee.

RINO's May Decide Nominee's Fate
WASHINGTON -- With interest groups across the spectrum gearing for a battle over conservative Supreme Court nominee Samuel Alito, the fate of the nominee may well rest in the hands of the Senate's bipartisan "gang of 14." The "gang" of mostly centrists, striving to reduce tensions over President George W. Bush's conservative judicial nominees, won't gather until Thursday to discuss Alito. But one Republican member, Mike DeWine of Ohio, called Alito a "mainstream conservative" and said critics should not try to kill his nomination through a procedural move called a filibuster. (The acronym RINO stands for Republican In Name Only - same as the older term Rockefeller Republican. List of liberal Republicans)

Bush, Alito Eye Centrist Support
WASHINGTON -- With its conservative base now secure, the White House turned its attention Tuesday to wooing moderates in both parties as it seeks to build a Senate coalition that will confirm Judge Samuel A. Alito Jr. to the Supreme Court despite the aggressive opposition of liberal Democrats. A day after President Bush nominated him to succeed retiring Justice Sandra Day O'Connor, Alito made his way across Capitol Hill introducing himself, focusing on Democratic senators representing Republican-leaning states as well as Republican members of a bipartisan coalition that headed off judicial filibusters this year.

Filibuster Option For Alito 'On The Table'
WASHINGTON -- Some Senate Democrats are talking about a filibuster against Supreme Court nominee Samuel Alito. California's Barbara Boxer said the option is "on the table," because of concerns about Alito's conservative views. But Sen. Dick Durbin of Illinois, the second-ranking Democrat in the chamber, is more cautious.

Stare Non Determinus
Okay, the title is made up, and it would “more properly” read non stare decicis, or “do not stand by the decision.” The point is, there are occasions when old precedent is not only non-binding, but to follow it would stupid, illegal and unconstitutional, and just plain un-Godly. With all that banters about regarding the strict following of the decisions of the higher courts coming from both the left and the right, aren’t you suspicious that you are are not getting the whole story on Stare Decisis? Do you really believe that our Founders would have shackled themselves to such foolishness?

Posted by Editor at 08:38 AM

Alito Has Some Unexpected Supporters



Liberals Say Alito Is No Ideologue



WASHINGTON -- Samuel A. Alito Jr. was quickly branded a hard-core conservative after President Bush announced his nomination, but a surprising number of liberal-leaning judges and ex-clerks say they support his elevation to the Supreme Court.

Those who have worked alongside him say he was neither an ideologue nor a judge with an agenda, conservative or otherwise. They caution against attaching a label to Alito.

Kate Pringle, a New York lawyer who worked last year on Sen. John F. Kerry's presidential campaign, describes herself as a left-leaning Democrat and a big fan of Alito's.

She worked for him as a law clerk in 1994, and said she was troubled by the initial reaction to his nomination. "He was not, in my personal experience, an ideologue. He pays attention to the facts of cases and applies the law in a careful way. He is conservative in that sense; his opinions don't demonstrate an ideological slant," she said.

Jeff Wasserstein, a Washington lawyer who clerked for Alito in 1998, echoes her view.

"I am a Democrat who always voted Democratic, except when I vote for a Green candidate — but Judge Alito was not interested in the ideology of his clerks," he said. "He didn't decide cases based on ideology, and his record was not extremely conservative."

As an example, he cited a case in which police in Pennsylvania sent out a bulletin that called for the arrest of a black man in a black sports car. Police stopped such a vehicle and found a gun, but Alito voted to overturn the man's conviction, saying that that general identification did not amount to probable cause.

"This was a classic case of 'driving while black,' " Wasserstein said, referring to the complaint that black motorists are targeted by police. Though Alito "was a former prosecutor, he was very fair and open-minded in looking at cases and applying the law," Wasserstein said.

It is not unusual for former law clerks to have fond recollections of the judge they worked for. And it is common for judges to speak respectfully of their colleagues. But for a judge being portrayed by the right and left as a hard-right conservative, Alito's enthusiastic backing by liberal associates is striking.

Former federal Judge Timothy K. Lewis said that when he joined the U.S. 3rd Circuit Court of Appeals in 1992, he consulted his mentor, Judge A. Leon Higginbotham Jr. The late Higginbotham, a legendary liberal and a scholar of U.S. racial history, was the only other black judge on the Philadelphia-based court at the time.

"As he was going down the roster of colleagues, he got to Sam Alito. I expressed some concern about [him] being so conservative. He said, 'No, no. Sam Alito is my favorite judge to sit with on this court. He is a wonderful judge and a terrific human being. Sam Alito is my kind of conservative. He is intellectually honest. He doesn't have an agenda. He is not an ideologue,' " Higginbotham said, according to Lewis.

"I really was surprised to hear that, but my experience with him on the 3rd Circuit bore that out," added Lewis, who had a liberal record during his seven years on the bench. "Alito does not have an agenda, contrary to what the Republican right is saying about him being a 'home run.' He is not result-oriented. He is an honest conservative judge who believes in judicial restraint and judicial deference."

In January 1998, Alito, joined by Judge Lewis, ruled that a Pennsylvania police officer had no probable cause to stop a black man driving a sports car after a rash of robberies in which two black males allegedly fled in a different type of sports car. The driver, Jesse Kithcart, was indicted for being a felon in possession of a gun, which police discovered when they patted him down after his car was stopped. After a trial judge refused to suppress the search, Kithcart pleaded guilty but reserved his right to appeal.

"Armed with information that two black males driving a black sports car were believed to have committed three robberies in the area some relatively short time earlier," the police officer "could not justifiably arrest any African-American man who happened to drive by in any type of black sports car," Alito wrote. He said the trial judge had erred in concluding that the police had probable cause that extended to the weapons charge because Kithcart had not been involved in the robberies.

Alito and Lewis sent the case back to the trial judge for new hearings on whether the search was legal. The third judge in the case, Theodore A. McKee, said he would have gone even further.

"Just as this record fails to establish" that the officer "had probable cause to arrest any black male who happened to drive by in a black sports car, it also fails to establish reasonable suspicion to justify stopping any and all such cars that happened to contain a black male," wrote Judge McKee. He said he would have thrown out the search without further proceedings.

Judge Edward R. Becker, former chief judge of the 3rd Circuit, said he also was surprised to see Alito labeled as a reliable conservative.

"I found him to be a guy who approached every case with an open mind. I never found him to have an agenda," he said. "I suppose the best example of that is in the area of criminal procedure. He was a former U.S. attorney, but he never came to a case with a bias in favor of the prosecution. If there was an error in the trial, or a flawed search, he would vote to reverse," Becker said.

Some of his former clerks say they were drawn to Alito because of his reputation as a careful judge who closely followed the text of the law.

Clark Lombardi, now a law professor at the University of Washington, became a clerk for Alito in 1999.

"I grew up in New York City, and I'm a political independent. But I liked Judge Alito because he was a judicial conservative, someone who believed in judicial restraint and was committed to textualism," he said. "His approach leads to conservative results in some cases and progressive results in other cases. In my opinion, he is a fantastic jurist and a good guy."

Some of Alito's former Yale Law School classmates who describe themselves as Democrats say they expect they will not always agree with his rulings if he joins the Supreme Court. But they say he is the best they could have hoped for from among Bush's potential nominees.

"Sam is very smart, and he is unquestionably conservative," said Washington lawyer Mark I. Levy, who served in the Justice Department during the Carter and Clinton administrations. "But he is open-minded and fair. And he thinks about cases as a lawyer and a judge. He is really very different from [Justice Antonin] Scalia. If he is going to be like anyone on the court now, it will be John Roberts," the new chief justice.

Joel Friedman teaches labor and employment law at Tulane University Law School, but is temporarily at the University of Pittsburgh because of Tulane's shutdown following Hurricane Katrina.

"Ideology aside, I think he is a terrific guy, a terrific choice," said Friedman, a Yale classmate of Alito's. "He is not Harriet Miers; he has unimpeachable credentials. He may disagree with me on many legal issues — I am a Democrat; I didn't vote for Bush. I would not prefer any of the people Bush has appointed up until now.

"The question is, is this guy [Alito] going to be motivated by the end and find a means to get to the end, or is he going to reach an end through thoughtful analysis of all relevant factors? In my judgment, Sam will be the latter."


http://www.latimes.com/news/nationworld/nation/la-n
a-legal2nov02,0,4962703.story?coll=la-home-headlines

Posted by Editor at 05:47 AM

In Abortion Rulings, Idea of Marriage Is Pivotal



Alito Supported Abortion In Three Cases



One distinct theme emerges from an examination of 15 cases decided by Judge Samuel A. Alito Jr. involving abortion: his thinking is shaped by a traditional concept of marriage.

His most famous abortion opinion, a 1991 dissent in Planned Parenthood v. Casey, would have upheld a Pennsylvania law that required women seeking abortions to notify their husbands. "Pennsylvania has a legitimate interest in furthering the husband's interest in the fate of the fetus," Judge Alito wrote. The United States Supreme Court rejected his position the next year.

In a series of less noticed cases concerning asylum requests based on claims of forced abortions abroad, Judge Alito ruled that marital status could be the determining factor.

Last year, he ruled that the husbands of women forced to undergo abortions in China had themselves suffered persecution serious enough to warrant granting the men asylum in the United States. But he rejected similar claims from boyfriends or fiancés of women who had been forced to have abortions.

The categorical distinction was warranted, he wrote, because marriage was a central organizing principle in the law. "The marriage relation," he wrote, is important in "so many areas," including "income tax, welfare benefits, property, inheritance, testimonial privilege, etc."

Extending the asylum protection "to nonspouses would create numerous practical difficulties," he wrote.

After abortion, the legal definition of marriage may be the most divisive issue in American law, and Judge Alito will almost certainly hear cases concerning the rights of gay and lesbian couples if he is elevated to the Supreme Court.

While he has clearly given the legal status of marriage a great deal of thought and has seemed to endorse a traditional understanding of it, he has not participated in any significant cases involving gay rights. People on both sides of the gay marriage debate will be reading many of Judge Alito's abortion opinions with intense interest.

The word "abortion" appears in 22 decisions in which Judge Alito participated in his 15 years on the United States Court of Appeals for the Third Circuit, in Philadelphia, according to searches of legal databases. But seven of those references are passing ones. In the remaining 15 cases, questions about abortion played an important role.

The decisions are not easy to categorize. Judge Alito voted in support of the abortion rights side of the argument in three cases, apart from Casey, that most directly presented questions about the legal status of abortion and of restrictions on it.

In 1997, he joined a decision applying the Supreme Court's 1973 decision in Roe v. Wade, which established a constitutional right to abortion, to uphold a New Jersey law that let parents sue on behalf of deceased children but not stillborn fetuses.

In 2000, he joined a decision applying Stenberg v. Carhart - another 2000 decision that struck down a Nebraska law that banned a procedure its critics call partial-birth abortion - to a similar New Jersey law.

In both cases, though, Judge Alito wrote separate concurrences, carefully calibrating his language and reasoning to set out no more than he wanted to say. In the 1997 decision, for instance, he wrote to fine-tune and limit some of the language in the majority's decision.

"I think that the court's suggestion that there could be 'human beings' who are not 'constitutional persons' is unfortunate," Judge Alito wrote. "I agree with the essential point that the court is making: that the Supreme Court has held that a fetus is not a 'person' within the meaning of the 14th Amendment. However, the reference to constitutional nonpersons, taken out of context, is capable of misuse."

In 1995, he cast the deciding vote in a 2-to-1 decision striking down parts of a Pennsylvania law that restricted abortion. The law, the Pennsylvania Abortion Control Act, included a provision that required a doctor's certification in cases in which a publicly funded abortion was being performed because the woman's life was said to be in danger.

The certification had to be signed by a doctor other than the one about to perform the abortion and without a financial interest in it. Judge Alito joined the majority decision written by Judge Robert E. Cowen striking down the certification requirement and a second restriction because they conflicted with federal Medicaid regulations.

A dissenting judge, Richard L. Nygaard, said the majority's approach represented "deference run amok."

It is nonetheless Judge Alito's 1991 dissent in Casey that has attracted the most interest, partly because the case went on to become the vehicle for the Supreme Court's reaffirmation of Roe v. Wade in 1992.

Eight of Judge Alito's abortion decisions arose in immigration cases involving Chinese nationals seeking asylum in the United States.

People who can show that they are unwilling to return to their country because they fear persecution based on their race, religion, nationality, membership in a social group or political opinions are eligible for asylum under a federal law. The law says that someone "who has been forced to abort a pregnancy or to undergo involuntary sterilization" also qualifies.

The Board of Immigration Appeals ruled in 1997 that husbands were eligible for asylum based on their wives' forced abortions. Last year, Judge Alito, writing for a unanimous three-judge panel, declined to extend that decision to boyfriends and fiancés.

The petitioner in the case, Cai Luan Chen, argued that he would have married his fiancée but for, as Judge Alito's decision put it, "China's inflated minimum marriage age requirement, which was instituted as part of the country's oppressive population control program." (The minimum age for men to marry in China is 22.)

Judge Alito expressed some sympathy for the argument but concluded that marriage was a categorical status that was easily applied to particular cases and was central to many distinctions made in the law.

The United States Court of Appeals for the Ninth Circuit in San Francisco reached a contrary conclusion in an asylum case last year, saying "husbands whose marriages would be legally recognized but for China's coercive family planning policies" could be entitled to asylum.

When two federal appeals courts issue flatly differing decisions on a decisive legal question, the Supreme Court often agrees to hear a case presenting the question to resolve the difference.

Judge Alito has rejected asylum applications involving abortion in other cases as well.

Last month, for instance, he joined an unsigned opinion for a three-judge panel that rejected a Chinese woman's request. She said she had been forced to have an abortion in China and feared she would be sterilized if she returned.

An immigration judge concluded that the woman was not credible. The appeals court panel agreed, reciting some of the contradictory evidence that she had offered about the abortion and her marriage to a man called "her purported husband" by the panel.

In a 2003 decision, Judge Alito affirmed a lower court's decision that a Chinese woman's claim that she had been forcibly sterilized was not credible. The lower court relied in part on "the lack of a statement from her husband about her opposition to her own sterilization," a factor Judge Alito indicated was entitled to some weight.

He went on, however, to say the lower court's decision had not turned on the husband's failure to participate in the case.

In two other cases in which he considered the evidence stronger, Judge Alito, both times writing for a unanimous court, returned asylum cases to a lower court for further fact-finding, with the strong suggestion that the courts had erred in rejecting the asylum cases before them.

Abortion also played a role in an employment discrimination case brought by a nurse against the New Jersey hospital where she worked. The nurse, Yvonne Shelton, refused to participate in procedures that she considered abortions. The hospital offered her another job, in an intensive care unit for newborns. She declined it, and the hospital fired her.

The panel agreed that Ms. Shelton's decision not to participate in abortions warranted protection on religious grounds. But Judge Anthony J. Scirica, writing for a unanimous three-judge panel that included Judge Alito, found that the hospital had acted appropriately.


http://www.nytimes.com/2005/1
1/02/politics/02abortion.html

Posted by Editor at 04:14 AM

November 01, 2005

Gay 'big brother' held on $20M bail on sex abuse charges



Gay Youth Volunteer Held On $20m Bail



A Portland youth volunteer was being held on $20 million bail on charges that that he sexually assaulted three boys -- one of whom he met through a local mentor program, police said Monday.

Daniel Symonds, 43, was lodged in the Multnomah County jail, charged with 10 counts each of sodomy and child sexual abuse. The three boys he is accused of molesting range in age from 8 to 15, police said.

Detectives said their investigation began last month when one boy came forward with allegations that Symonds molested him a few years ago.

The police probe into that case "identified two additional victims," who were friends of the first boy, said Sgt. Brian Schmautz.

Symonds met the first victim while serving as a so-called 'big brother' through Portland Impact, a group which operates a mentorship program, Schmautz said.

The group is not connected or affiliated with Big Brothers, Big Sisters of Metropolitan Portland. CEO Lynn Thompson said Symonds never had any involvement with her organization, which holds the trademark on the 'Big Brother' name.

A statement from Portland Impact said their organization was cooperating with the police probe.

"Portland Impact takes all allegations of misconduct seriously and does its utmost to protect the welfare of its clients, staff, and volunteers," said spokeswoman Lois Orner.

Orner said all Portland Impact volunteers go through "a rigorous screening process" that includes state and federal criminal background checks, however she declined to comment further on the allegations involving Symonds.

"The allegations stem from incidents that are alleged to have occurred over a decade ago," Orner claimed, saying that volunteer records from that far back are routinely purged by the group -- so there is little in the way of a paper trail on Symonds' activities.

But Schmautz said the charges against Symonds actually stem from events which took place within the past six years, which is the limitation under state law for authorities to file molestation charges.

Police think Symonds may have also volunteered with other civic organizations in recent years, Schmatuz said, and investigators were seeking to talk with any other potential molestation victims.


http://www.kgw.com/news-local/stories/kgw_1
03105_news_big_brother_arrest.15aa328e.html

Posted by Editor at 06:59 AM

Catholics Could Get Majority on High Court



Catholics Could Takeover Court



More than two centuries of Protestant domination on the Supreme Court will end if Samuel Alito is confirmed as its next justice. For the first time in the nation's history, five Roman Catholics -- a majority -- would be on the high court.

Yet news that the son of an Italian immigrant father, someone who grew up in a suburban New Jersey parish where he served as a lector and later married, doesn't carry quite the power it might have in the days when Kennedys ran for the White House.

Catholics have become part of the nation's political mainstream -- far removed from the blatant anti-Catholic prejudice that once permeated American culture. They are as divided as other Americans on abortion and other social issues that will be a focus of Alito's confirmation hearings -- making an outpouring of religious pride for the conservative jurist less likely.

"The Catholic community is not going out dancing in the streets of Boston tonight because of this nomination," said James Davidson, a Purdue University sociologist who researches religion and Supreme Court justices. "But it still represents a significant development in American religious history."

Protestants have been so dominant on the court that half of the justices have come from just three denominations: the Episcopal, Presbyterian and Congregational churches, he said.

Only two Protestants would remain on the Supreme Court -- David Souter and John Paul Stevens. The two other justices -- Ruth Bader Ginsburg and Stephen Breyer -- are Jewish.

Analysts said Alito, as the fifth Catholic, was a less controversial religious choice than Harriet Miers, whose adult acceptance of born-again Christianity was dissected for clues about how she would vote on abortion. President Bush helped make religion a central issue in her failed nomination, saying it was a factor in selecting her for the high court.

David Leege, a professor emeritus at the University of Notre Dame and an expert on Catholics and politics, said the only activists likely to seize on Alito's religion are abortion rights groups, who will try to link the judge's position on abortion to Catholic teaching.

Most others will focus on his ideology, Leege said. Senators are "less concerned whether the person is Catholic or Protestant than whether the person is conservative or liberal," he said.

Alito, an appeals court judge, and his wife are members of Our Lady of the Blessed Sacrament Parish in Roseland, N.J., a suburban parish which referred inquiries about the judge to the Archdiocese of Newark. Archdiocesan spokesman Jim Goodness said Alito attends Mass weekly and his wife teaches religious education classes at Blessed Sacrament, where his children were confirmed. But Goodness would not comment on whether Alito volunteers for any church work.

Monsignor Thomas Gervasio, the new pastor at Our Lady of Sorrows/Saint Anthony's Parish in Hamilton, N.J., where Alito's mother Rose is a member, said she told him the judge was confirmed, served as a lector and was married in Our Lady of Sorrows. The judge attended public school and enrolled in church religious classes as a boy, Rose Alito told Gervasio.

Taking calls at her Hamilton home, where a small Virgin Mary statue sat on the mantle, the judge's 90-year-old mother asked Gervasio to "say some prayers for Sam" and declared of her son: "Of course, he's against abortion."

Two of the Catholics on the current court -- Antonin Scalia and Clarence Thomas -- are abortion foes. Scalia, whose son Paul is a priest, and Thomas are sometimes seen walking together to the court after attending Mass on holy days of obligation.

The third Catholic -- Anthony Kennedy -- voted with the majority in a 5-4 ruling in 1992 reaffirming the Roe v. Wade decision legalizing abortion, despite some apparent inner turmoil.

Newly installed Chief Justice John Roberts, the fourth Catholic, is solidly conservative and his wife, Jane, volunteers for Feminists for Life, but it is unclear how he will vote on abortion cases.

Over and over during his confirmation hearings, Roberts assured lawmakers his rulings would be guided by his understanding of the facts of cases, the law and the Constitution, not by his personal views. "My faith and my religious beliefs do not play a role," Roberts said.

The Rev. Thomas Reese, a political scientist and expert on the Catholic church, said he hoped Alito will not be forced to provide similar public disclaimers about his Catholicism.

"People have to look at the concrete positions that a man or woman holds, not the religious views that might have impelled them to take that position," Reese said.


http://www.washingtonpost.com/wp-dyn/conte
nt/article/2005/11/01/AR2005110100128.html

Posted by Editor at 04:16 AM