Sunday, May 18, 2008

Voters Demand All Votes Be Counted



The Democratic National Committee (DNC) will meet May 31st to resolve the question of seating delegates from Florida and Michigan, two states which to date the DNC has refused to count delegates because the date of their primaries was earlier than the DNC voted for primaries. A national outcry against refusal to seat the delegates from these two states has prompted the DNC to reconsider the question. Some point out that with many caucus states having numerous problems in their precinct and senatorial convention, numerous party rules have been broken yet delegates elected in those conventions are have elected delegates despite broken party rules.

Demonstrators are flying and driving to DC the weekends of May 24 and May 31st to demonstrate in solidarity with the voters of Michigan and Florida, demanding that the DNC allow the delegates from those state's Democratic primaries be seated at the Democratic National Convention. Refusal to count Florida and Michigan delegates in the distribution of delegates for presidential preference at the Democratic National Convention is disenfranchises voters in two states from their vote being counted in the nominee of the Democratic candidate for president.

This announcement appears on websites in Florida. Marches will occur on the weekend of May 24th and May 31st.

Floridians Demand Representation
DELIVERING THE PETITIONS

Come with us to Washington!

Our goal is to deliver 1.5 Million petitions to the Democratic Nation Committee Headquarters in June.


Contact Jim at 888.599.1586 or by email at Hannagan@floridademandsrepresentation.org
to join us in presenting our petitions and demanding that our voices be heard, our
delegates be seated, and our votes be counted in this election.


Demonstrations outside the DNC are already in progress. Some of the newscoverage includes:


Florida Democrats protest in Washington, call for primary to be counted
Group demands party count Florida primary

By MARK K. MATTHEWS - Washington Bureau South Florida Sun-Sentinel - May 1, 2008
WASHINGTON - A group of Florida Democrats marched on party headquarters Wednesday demanding that Democratic leaders reverse a months-old decision to deny the state a say in the party's presidential nominating process.

Waving miniature Florida flags, the group called on Howard Dean, chairman of the Democratic National Committee, to speak and to count the results of the state's Jan. 29 primary. The party has ignored the results because the primary was too early under party rules.

Party spokesman Luis Miranda told the protesters that "there will be representation from Florida in Denver," site of the party's national convention in August. He did not elaborate.

Roxana Zender, a massage therapist from Boca Raton, was among the hundreds outside the party offices.

"I really wanted them to hear my voice," said Zender.

The national party stripped Florida of its 211 convention delegates for holding the primary election before Feb. 5. One Florida delegate has appealed the penalty, and the party has set a hearing for May 31. At the same time, the party will consider what to do about Michigan, which lost its delegates for the same reason.

But the demonstrators want their votes to count before a nominee is selected, not after the party settles on either Hillary Clinton or Barack Obama.

Speakers on Wednesday brought back memories of the state's problems at the polls going back to the 2000 presidential election. The five weeks of recounts in Florida at that time made many Democrats fear their votes were not counted in the close election that brought George W. Bush to the White House.

"We've been through eight long years of trying to restore the voters' confidence in the state of Florida," U.S. Rep Debbie Wasserman Schultz, D-Weston, told the crowd. "Our nerves are very raw from the Florida recount in 2000. We are not going to allow our voters to be disenfranchised again."

Yvonne Linsinbigler, 69, of Greenacres, said the past frustrations motivated her to make the 17 1/2-hour bus trip."Florida has had enough humiliation," Linsinbigler said. "We're not here to favor one candidate over another. It's just making sure Florida's votes are counted, this time as well as in the future."

Event organizers estimated more than 300 protesters attended. They came from Miami, West Palm Beach, Fort Lauderdale and other Florida cities aboard at least a half-dozen buses.

"It's unthinkable they wouldn't count our votes," said Jennifer Kirkpatrick, 62, a nurse from Apopka.

Clinton and Obama followed party rules and did not campaign in Florida and Michigan before the primaries. Obama also had his name removed from the Michigan ballot.

Clinton won both states handily and has pushed to count the results of both primaries. Obama opposes that, and his supporters have floated other plans, such splitting the delegates evenly.

Once a nominee is selected, he or she is expected to reinstate all Florida and Michigan delegates.

Washington Bureau Chief William E. Gibson contributed to this report.
Mark K. Matthews can be reached at 202-824-8222 or mmatthews@orlandosentinel.com.

Texas Group Sues to Stop Border Fence

By Stewart M. Powell - The Houston Chronicle - May 16, 2008

http://www.chron.com/disp/story.mpl/front/5785497.html

WASHINGTON — A drive by the Bush administration to build 70 miles of fencing along the Texas-Mexico border before leaving office could be sidetracked by a lawsuit filed by 19 border communities on Friday.

The Texas Border Coalition, citing what it called lawless conduct by Homeland Security Secretary Michael Chertoff, asked a U.S. District Court judge here to force the federal government to halt construction of the barrier and land acquisition.

The lawsuit accused Chertoff and others of failing to notify landowners of their rights; failing to negotiate a reasonable price for access to their lands, and of exempting some wealthy owners from having the fence built across their properties.

Chertoff "has gone too far in his zeal to build this feel-good, yet ineffective Great Wall of Texas," said Eagle Pass Mayor Chad Foster, the chairman of the border coalition, which represents cities from Brownsville to El Paso.

Brownsville Mayor Patricio M. Ahumada Jr. charged that federal officials "are determined to build a wall to appease mid-America."

Peter Schey, lead counsel in the case and executive director of the Los Angeles-based Center for Human Rights and Constitutional Law, said Friday's lawsuit would be followed within days by a request for a temporary restraining order to block land seizures and fence construction.

The case is handled by U.S. District Judge Reggie Walton, named to the federal bench by President Bush in 2001.

The Bush administration is pressing to complete construction of 670 miles of physical barriers and high-tech virtual fencing along the 1,972-mile U.S.-Mexico border. But the legal wrangling could delay construction of the fence in Texas, pushing decisions on completion of the barriers into next year when a new president and a new Congress will take office.

Laura Keehner, a Homeland Security spokeswoman, called the lawsuit a delaying tactic and said construction will continue.

"There should be no uncertainty about our commitment to border security, and we've made no secret that fencing is a key part of our efforts at the border," Keehner said. "We're building 670 miles of fencing by the end of this year and are well on our way to meeting this goal."

The lawsuit was designed to force federal officials to restart a protracted survey process as a first step to federal purchase.

Chertoff has run "roughshod over the rights of property owners to build a border wall on a foundation of lawlessness," Schey said. "We hope that we are able to bring this lawless conduct to build this wall into conformity with federal statutes and the United States Constitution."

Federal officials intimidated some landowners along the border by sending Homeland Security officials and agents of the U.S. Army Corps of Engineers and Border Patrol to try to arrange access to survey their properties, Schey contended.

The suit also noted that fence construction would bypass the River Bend Resort and golf course, in Brownsville, and border lands owned by Dallas billionaire Ray Hunt and his relatives.

Keehner, Chertoff's spokesman, rejected the lawsuit's allegations.

"We've nearly bent over backward to work with landowners," she said in a statement.

Keehner noted that yearlong discussions had taken place with landowners and state and local officials "about the placement of fencing."

Federal officials, she said, contacted more than 600 landowners, held dozens of town hall meetings and mailed hundreds of letters to property owners "requesting access to private property so that we could make operational and environmental assessments of the area prior to making any decisions."

Border fence construction has become increasingly contentious in Texas, with landowners' resistance forcing federal authorities to file lawsuits against nearly 100 owners in four states in an effort to gain court-ordered access to the land.

A family from Los Ebanos, Texas, awaits a hearing on July 7 before the 5th U.S. Circuit Court of Appeals in New Orleans on its attempt to block access by federal authorities.

The Texas officials' legal challenge is the latest high-profile effort to prevent construction of the fence.

The U.S. Supreme Court is weighing a request by environmentalists and members of Congress to hear a case challenging Chertoff's constitutional authority to waive compliance with three dozen federal laws in order to speed construction of the barriers.
Read more in the Houston Chronicle

Friday, May 16, 2008

Hillary Scores Decisive Victory in West Virginia; Obama and McCain rejected by voters

By Faith Chatham - May 14, 2008
Despite political pundits declaring Obama the presumptive nominee, West Virginia Democratic voters cast over three votes against Obama for every vote he received in Tuesday's West Virginia Democratic Primary. Voter turn-out was light for the Republican Primary. Of the 475,167 votes cast Tuesday (combined voters in all party primaries), Hillary Clinton was the resounding choice of West Virginia Voters.

Over four West Virginians voted against Barak Obama for every voter that selected him. John McCain trailed Barak Obama's numbers by 1,998 votes. No Democratic Presidential Candidate has won a general election since 1916 without carrying West Virginia.

West Virginia Primary May 13, 2008

U.S. President
Party Candidate Votes

DEM Hillary Rodham Clinton 239187
DEM Barack Hussein Obama 91663
DEM John Reid Edwards 26181
TOTAL VOTES CAST IN DEMOCRATIC PRIMARY 357,031

REP Willard Mitt Romney 5195
REP John Sidney McCain III 89654
REP Ronald Ernest Paul 6112
REP Rudolph William Giuliani 2839
REP Jerry Ralph Curry 728
REP Michael Dale Huckabee 12184
REP Alan L. Keyes 1424
TOTAL VOTES CAST IN REPUBLICAN PRIM 125,123

TOTAL VOTES CAST IN BOTH DEMOCRATIC AND REPUBLICAN PRIMARIES 475,167

SOURCE: West Virginia Secretary of State Election Division 100% of counties reporting

Clinton's victory inspired CNN's headline: "ANALYSIS: Clinton crushes Obama across the board".
By Alan Silverleib - CNN


(CNN) -- After enduring a week of political obituaries, Sen. Hillary Clinton's campaign proved Tuesday that it still has some life.

Clinton, as expected, trounced Democratic front-runner Sen. Barack Obama in the West Virginia primary. In the process, she underscored Obama's weakness with blue-collar, working-class white voters -- a segment of the electorate that may prove pivotal in November.

Buoyed by her landslide margin, Clinton vowed to continue what has become a longshot campaign, telling supporters at a Charleston rally that she is "more determined than ever to carry on this campaign until everyone has had a chance to make their voices heard."

Clinton's victory in West Virginia was decisive. She won men and women. She carried a majority of voters in every age group. She captured liberals, moderates, and conservatives. She took a majority in every income bracket.Clinton's largest margins, as expected, were registered among voters at the lower end of the socioeconomic ladder. Among white voters without a college degree, Clinton defeated Obama by 50 points. Among white voters making less than $30,000 a year, Clinton's margin of victory was more than 60 points.

Older voters and white women -- part of Clinton's core constituency -- also rallied strongly to her beleaguered campaign. Voters age 65 and older supported her by a 38-point margin. White women backed her by 51 points.

Clinton's proposal to suspend the 18.4-cent-per-gallon federal gasoline tax for the summer -- an idea belittled by most economists and rejected by Obama as a political gimmick -- proved to be a winner in West Virginia. Voters supported the gas tax suspension by an almost 2-to-1 margin. Those voters who supported suspending the gas tax broke for Clinton, 74 to 19 percent.
Read more on line at CNN


Evaluation: Obama's Lead in Delegates May Not Be a Good Thing
Obama campaign strategist identified weaknesses in the Democratic primary caucus system which discriminates against handicapped, the elderly and workers who cannot physically attend precinct caucuses. Many caucus states, such as Iowa and Texas, prohibit absentee or proxy voting in caucuses. No allowances are made for registered voters who are homebound, or frail, and unable to participate at nightime party caucuses. Some caucus states, such as Maine, allow certified by mail voters to register their presidential preference and their preference to be includes in the math to derive the distribution of delegates between presidential preferences. Most caucus states, unlike Maine, exclude all voters who cannot physically show up to their precinct party caucus from helping to select their party's nominee for President. Texas is the only state which has both a caucus and a primary. In Texas, significant differences emerged across the state in precincts between the percentages in the popular vote (primary voters) per candidate and causus registrants per candidate. Texas awards 25% of the delegates through party caucus's and 75% by primary voters (popular vote). The Texas system favors those who are healthier, able to drive after dark, not homebound, elderly or too frail to stay until late at night when the delegates were chosen in many precinct caucues. The presidential preference of workers who cannot get off work on caucus nights but in the primary, like their more frail elderly or handicapped neighbors, only count 75% of what their younger, healthier neighbors who were able to show up at the caucus after the polls closed on primary night. Chaos and non-compliance with Democratic Party Rules and Texas and Federal Election codes further pollulated the outcome of many precinct and senatorial Democratic Conventions.

Election Process Discriminates
Although the Help Americans Vote Act stipulates how Americans with disabilities are to be accommodated at polling places, guidelines for accommodations at party precinct and senatorial conventions are vague. Disabled supporters of both leading presidential candidates will join forces this year for the first time in Austin at State Convention in a new issues caucus. Democrats with Disabilities is the first disability caucus in the Texas Democratic Party. It will meet from 11 A.M. to 12:30 P.M. Friday, June 6th at the 2008 Texas Democratic Party State Convention. Founding members are split between presidential preferences but agree that the current process discriminates against persons with disabilities and needs to be corrected.

Non ADA Compliance in Senatorial District Conventions to be Reviewed by the Credentials Committee at State Convention

In Tarrant County, Harriet Varnum Irby, former SDEC Committee Woman from Senatorial 10, objected to the choice of the antiquated Will Rogers Colesium as the Senatorial 10 Convention site when it was chosen. Irby says she went to Tarrant County Party Headquarters when she learned that Will Rogers was the proposed site and told them that it was unsuitable because it is not ADA compliant. A landmark built before ADA laws were passed by Congress, the arena is exempt from having to eliminate many of the barriers required in newer buildings. Tarrant County Democratic Party Executive Director Keith Annis announced to the members of the Senatorial 10 Nominations Committee that "we got numerous calls from people who said they were delegates but could not attend if the convention was at Will Rogers because they were handicapped." Fort Worth attorney Jason Smith filed a challenge to the distribution of delegates per presidential preference at the Senatorial 10 Convention at Will Rogers to the State Democratic Party's Credentials Committee based on non-ADA compliance at the Senatorial Convention which discriminated against the elderly, frail and handicapped.

In neighboring East Tarrant County, at the Tarrant County Community College East Campus in Arlington, the Senatorial 9 Tarrant County Democratic Convention also failed to accommodate the handicapped. Although the college meets architecture requirements for ADA, campus security blockaded the drive restricting handicapped persons from utilizing parking near the entrance of the main building where the convention was held. Instead of being allowed to drive up to the building where handitran buses usually pick-up and discharge passengers, blockades were positioned at the entrance of the main drive, about the distance of a a city block from the main building. The Main ballrooom, where over half of the delegates were seated, was on one level and provided few barriers for the mobility challenged. However, many delegates and all alternates and guests were seated in the Theatre which has at least 8 steep steps at the entrance and 18 steps inside the theatre. The college accommodates persons in wheelchairs in the front row of the theatre and allows them entrance through a side door which has not steps. On Convention day, the side entrance was closed and all delegates and alternates were forced to enter and exit using the front steps. At County Senatorial 9 Convention at TCCC.

It is ironic that some view the nomination of Barak Obama, an African-American, as rectification of some of the discrimination in America, while others say that the campaign strategy of the Obama which has given him a lead in the delegate count (acquired mainly through his lead in caucus states) exploits flaws in the Democratic process which discriminates against registered voters who are handicapped, frail, elderly, transportation restricted or forced to work on the night of their party caucus. Even if Obama strategists did not purposely set out to discriminate against the handicapped, their emphasis on caucus states which do not allow absentee or proxy voting by certified mail registered voters, has resulted in greater discrimination against elderly and handicapped voters than occurs in states where delegates are awarded by popular vote in primaries or at caucuses which allow proxy or absentee/ by mail voting to distribute delegates between presidential preferences.

Examination of the profiles of each candidates voters this year shows that the average age of Obama's voter and caucus supporter is younger than that of Senator Clinton. Although she draws voters from all age groups, her strongest segment is among women over 50 years of age. Although both have drawn out first-time voters of all ages, a significant number of Senator Obama's supporters are young people who have registered to vote for the first time. Senator Clinton consistently surpasses Senator Obama in attracting voters who have voted in more than one Democratic Primary. Some precinct chairs were concerned to note than many of their double and triple D's (persons who have voted in 2 or 3 Democratic Primaries) were not participants at their Democratic Precinct Caucuses. Although they are faithful to vote, frequently at early voting during the day or by mail, their vote only counted 1/4 of first time voters who were able to attend the precinct caucuses.

If delegates awarded in caucues properly reflected the demographics of registered voters who participated in the primaries, the distribution of delegates at caucuses between candidates would mirror the popular vote in primary states. However, in Texas, (the only state which has both primary popular votes and percinct caucuses) the distribution of delegates between presidential preferences at precinct caucuses differed significantly from the percentages of votes per candidate at the same precinct primary elections. This discrepancy further highlights the difference between the distribution of delegates between candidates and the preferences of voters on election day.

Some Question if Obama's Lead in Delegates May Result in a Democratic Losses in November

Delegate counts which do not mirror the opinions of registered voters who habitually cast votes in Presidential elections can give a false reading. In West Virginia, despite Obama outspending Clinton by 3 to 1, she beat him in every county. He was stuck in the low 20's while she whopping 67% of the votes cast. Senator John Edwards, who has withdrawn from the race, received 26,181 votes (17%); Senator Barak Obama received 91,663 votes (26%). Senator Clinton got 269,187 votes (67%). She lead Obama by by a 41 points by defeating him by drawing more support from every age group, socio-economic level and category of voter.

West Virginia is an important state for Democratic Presidential candidates. No Democratic Presidential candidate has won a general election without winning West Virginia since 1916.

Super Delegate Delimma
As Obama swept through caucus states and surged ahead in the delegate count, Super Delegates who are supposed to be a party check and balance which helps the party select the strongest candidate to win against the Republicans in the General Election, added to his delegate total. Clinton continues to add key swing state victories. Crucial to any presidential win for any party, white working class voters continue to vote more heavily for Senator Hillary Clinton than for either McCain or Obama in most presidential primaries. Many question whether Senator Obama will be able to defeat McCain in the fall. Most feel that without Hillary Clinton, the Democratic Party's surge in voter turn-out will be diminished by another Republican win.

On-line Petitions
The level of disgust expressed by thousands of citizens through on-line petitions shows that many Democratic voters will not fall in line and vote for the "other candidate" if their candidate is not the Presidential nominee or at least on the ticket as VP. Over 5000 citizens have signed and commented on a petition to the Super Delegates urging them to select Senator Clinton as the nominee. In a few days over 800 citizens signed the "Quiet Riot" petition which says that Clinton's supporters will not "fall in line" and support Barak Obama. These petitions can be read and signed at http://ipetitions.com/'petition/quietriot/ and at http:/www.ipetitions.com/petitions/supportinghillary/

Grassroots Rallies for Hillary Across the Nation
While Senator Clinton and Senator Obama campaign in Missouri, Kentucky, Oregon, Puerto Rico, Montana and South Dakota, Clinton supporters are rallying in states which have already voted to show solidarity with Hillary and to raise money for her campaign. From the grassroots rallies are being organized by supporters. In Pantego (between Arlington and Fort Worth) a rally called "STAND WTH HILLARY" Saturday, May 17th (1-4 p.m.) at Pantego Bi-Centennial Park (3200 Smith Barry Road, Pantego, TX 76013) will feature speeches by VIPs and grassroots activists such as Teresa Meza, President of the Lulac Council and Clinton Texas State Convention Delegate. There will be laptops with internet access where people can sign three on-line petitions urging superdelegates to vote for Hillary and the DNC to honor the vote of citizens in the Florida and Michigan primaries. A similar event will be hosted by grassroots Clinton supporters Saturday in Longview at Teague Park.

DELEGATE MATH
For months political reporters have reported the delegate count without clarifying for the public that until the national convention delegates are elected at state party conventions, and those electors show up at the Democratic National Convention and sign-in for their candidates, all so-called "pledged delegate counts" are speculative. Endorsements from superdelegates are even more speculative than pledged delegates. Superdelegates endorsments will not necessarily reflect the way they will actually vote at the National Democratic Convention. Superdelegates habitually switch sides as the prevailing wind blows. They are charged with deciding for the candidate who has the best chance of beating the Republican candidate for President in November. If Senator Obama continues to show that he cannot win key swing states or the vital block of white working class voters, it is probable that we will see some of his current super delegate endorsements shift to Senator Clinton before the National Convention.

Citizen outrage, expressed by registered Democratic voters from all states, expressed in petitions, against the exclusion of delegates from Florida and Michigan may result in a further erosion of Senator Obama's lead in the delegate count. If only half (142) of Obama's current Super Delegates (284) switched to Senator Clinton, she would lead him today without inclusion of Florida or Michigan delegates or delegates from the remaining primaries in Montana, Kentucky, Puerto Rico, Missouri or Oregon.

Tuesday, May 13, 2008

Stand With Hillary Rally in Pantego, Sat. May 17th



Click to see larger image

Thursday, May 01, 2008

Methodist Conference rejects Bush Presidential Library; Passes resolution to South Central Jurisdiction Conference

United Methodist Conference - South Central Jurisdiction Conference - April 28, 2008
Methodist Conference votes against the Bush Presidential Library
A report on the Methodist Church General Conference web page shows the
Conference has voted to reject the Bush Presidential Library at SMU -
by vote of 855 to 20. The vote of 844 to 20 by the Methodist Church General Conference referred the resolution, below, to the "South Central Jurisdictional
Conference." This will be held July 16-19, 2008, at the Anatole Hotel
in Dallas. We understand there has NOT been a final decision on the
church's position on the Bush Library.

Here is a list of Delegates who will vote on the resolution:


From the General Conference

SMU Bush Presidential Library Rejection (80089-MH-NonDis)

I hereby petition the UMC General Conference to prevent leasing,
selling, or otherwise participating in or supporting the presidential
library for George W. Bush at Southern Methodist University.



Rationale

We should support separation of church and state and if the Bush
library goes on the SMU campus or property it will appear to the
country and the world as an endorsement of that president by the
United Methodist Church. Texas is a big state; surely there are
other venues...


Vote on Main Motion
This motion was Adopted, with 844 votes for and 20 votes against.http://www.calms.umc.org/2008/Menu.aspx?type=Petition&mode=Single&Number=80089

SMU Bush Presidential Library Rejection (80089-MH-NonDis)*
*Petition Status: Calendar Item
*Petition Text: Submitted Text ADCA p. 1493
*References: Non-disciplinary
*Committee: Ministry and Higher Education
Menu.aspx?type=Petition&mode=Committee&cc=MH
*Financial Implications: No
*Submitted by: Diane Smock, Greenville, SC, USA


SMU Bush Presidential Library Rejection (MH171-NonDis-R)
Calendar Item Status:

* Committee Voted (Printed in DCA p. 2260)
Calendar Item No: 1185
Menu.aspx?type=Calendar&mode=Single&number=1185
*Petitions on Calendar: 80089
Menu.aspx?type=Petition&mode=Single&Number=89
Consent Calendar: Calendar D04
Menu.aspx?type=Calendar&mode=Consent&calendar=D04
Committee Motion: Motion to Refer
Refer to: South Central Jurisdictional Conference
Committee Vote:

*For: 51
*Against: 5
*Not Voting: 1
NOTE: FOR VOTE REJECTS THE LIBRARY. AGAINST VOTE APPROVES OF LIBRARY
Vote Date and Time: 4/28/2008 1:30 PM


Last Vote Action: Vote on Main Motion
This motion was *Adopted*, with 844 votes for and 20 votes against.

*Plenary Motions: 4/30/2008 9:39 AM*
/Vote on Main Motion/ *ADOPTED* 844-20
Report by Tom Blackwell

Wednesday, April 30, 2008

Border Fencing - Congressmen debate merits of border fence in public hearing at UTB-TSC

By Kevin Sieff - The Brownsville Herald - April 29, 2008
Construction of the U.S.-Mexico border fence might only be a few weeks away, but in Washington, D.C., the barrier continues to be a hot button issue.

The fence's significance - and its divisiveness - became clear on Monday, when eight congressmen and a number of local, state and national officials met at the University of Texas at Brownsville and Texas Southmost College for a congressional field hearing.

U.S. Rep. Raul Grijalva, D-Ariz., introduced the hearing, titled "Walls and Waivers," as a forum on the expedited construction of the border fence and its affect on the environment along the border. During the five-hour hearing, the conversation shifted to a more general evaluation of the barrier's merits.

"To examine the history, culture, economics of the border and then to decide the only solution is a 700-mile fence," Grijalva said in opening remarks, "is simply a failure of leadership."

U.S. Reps. Tom Tancredo, R-Col., and Duncan Hunter, R-Calif., both former 2008 presidential hopefuls, disagreed with Grijalva. Hunter referred to the success of a double fence in his district, on the border between San Diego and Tijuana.

"Our fence put the border gangs out of business because they lost their ability to move back and forth," said Hunter, who authored the Secure Fence Act of 2006.

Tancredo took issue with what he called "landowners' multi-culturalist views on the border."

"If you don't like the idea (of a fence), maybe you should consider building the fence around the northern part of your city," Tancredo said amid jeers from the audience.

The six other members of the congressional panel were outspoken in their opposition to the fence - and to the views of Hunter and Tancredo.

Perhaps the most substantial opposition to the barrier came from U.S. Rep. Silvestre Reyes, D-Texas, a former Border Patrol chief, who called the fence a waste of the government's resources.

"For 10 percent of the border we need to consider the potential for fencing," he said. "I certainly don't think we need 700 miles of fencing."

Ronald Vitiello, chief Border Patrol agent in the Rio Grande Valley sector, said the barrier will decrease border crossings - but only if it is complemented with a boots-on-the-ground effort.

Reyes, who used to oversee the Valley's Border Patrol sector, said of Vitiello, "He's going to toe the party line - he's got to if he wants to maintain his job as chief of the sector."

To the dismay of the eight congressmen, the fence's architects at the U.S. Department of Homeland Security declined an invitation to the hearing. The absence of a DHS official left a number of questions unanswered.

"We'll seek out these answers in Washington," Grijalva said after the hearing.

The presence of 13 witnesses, many of whom live and work along the border, marked the convergence of a national political debate and a local dilemma.

"We need federal legislation that will protect borders in a humane and Christian way," said Bishop Raymundo J. Pena, of the Archdiocese of Brownsville.

"It isn't really a border to most of us who live down here," added Betty Perez, a local landowner and activist.

The articulation of local attitudes toward the fence was echoed by most of the congressmen in attendance, several of which were born along the U.S.-Mexico border. U.S. Rep. Grace Napolitano, D-California, is a native of Brownsville.

"Nothing is going to change until immigration policy is taken care of," Napolitano said on Monday. "The fence is ludicrous."
Read more in the Brownsville Herald Tribune

Thursday, February 28, 2008

Art Hall Accepts Thousands From Valero PAC, Employees

Hall Previously Claimed Valero Told Him His Wife's Position With The Firm Constituted No Conflict Of Interest
Vince Leibowitz - February 28, 2008

AUSTIN--Former San Antonio City Councilman Art Hall has accepted more than $5,000 in contributions from Valero Energy's political action committee and several of its employees, according to records from the Texas Ethics Commission.

On February 8, Hall received a $5,000 contribution from the Valero Political Action Committee, a PAC notorious for giving thousands of dollars to Texas' most conservative Republicans-- and Railroad Commissioner Michael L. Williams, the man Hall and Dale Henry (D-Lampasas) seek to replace in the November general election.

In addition to the $5,000 from Valero's PAC, Hall also took more than $2,000 from Valero employees and attorneys in late January and February. According to Hall's most recent filing with the Texas Ethics Commission, he received the following contributions from Valero employees and attorneys:


Robert Bower, Valero Attorney, $500 2/23
Theodore Guidry, Valero employee, $500, 1/26
Diane Hirsch, Valero Attorney, $300, 2/23
Martin Loeber, Valero Attorney, $500, 2/23
Rich Walsh, Valero Attorney, $1,500, 2/23
Parker Wilson, Valero Attorney, $500, 2/23


"The money that Art Hall has accepted from Valero's PAC and its employees is especially troubling given the fact that he is very connected to Valero through the fact that his wife is an attorney for Valero," said Vince Leibowitz, campaign director for Dale Henry, Hall's principal opponent.

According to Hall's Personal Financial Statement on file with the Texas Ethics Commission, Hall's wife owns between 5,000 and 9,999 shares of stock in Valero which, if sold, would represent a net gain of $10,000 to $24,999.

"All of this is especially disturbing given the fact that Art Hall is actually getting advice from Valero on what constitutes a conflict of interest for his campaign," said Leibowitz.

At a forum in Decatur on January 29, Hall was asked if he believed it constituted a conflict of interest that his wife, Stephanie Hall, is an attorney for Valero considering the Railroad Commission regulates the oil and gas industry. Hall told the audience that he had contacted Valero and that he was advised by the company that her work would not constitute a conflict of interest for him.

"Art Hall is getting ethics advice and money from Valero energy. What else is he getting from them? Are they advising him on energy policy as well? Art Hall represents no departure from the current rubber-stamp culture at the Texas Railroad Commission where Commissioners take thousands of dollars from oil company PACs and their employees and then give them whatever they want without regard for the best interest of Texas consumers or the environment," Leibowitz said.

"Valero's PAC is notorious for giving large sums of money to Republicans and pet conservative causes," Leibowitz said. "Valero has given Railroad Commissioner Michael L. Williams $20,000. Now Art Hall is taking Valero's money and telling Texans that he will bring 'balance' to the Texas Railroad Commission. What kind of 'balance' is that, exactly? The kind of 'balance' where Hall will simply be another hand out taking money from the oil industry? That's not 'balance,' that is merely more of the same," Leibowitz continued.

Valero has given incumbent Railroad Commissioner Michael L. Williams $10,000 on two occasions: once less than a year ago on June 28, 2007, and once on June 7, 2002. Valero has also contributed to some of Texans most anti-consumer, counter-progressive Republicans and Republican causes.

The company's PAC gave $15,000 to Tom Craddick's "Stars Over Texas" Leadership PAC ($10,000 on 10/11/06 and $5,000 on 10/25/04), and $30,000 to Speaker Craddick's personal campaign account since 2004 ($10,000 on 11/08/05 and $10,000 on 11/5/07, and $10,000 on 11/10/04). A small sampling of Valero's contributions to Republicans include:


Texas Conservative Coalition ($2,500 on 9/10/07)
Former State Rep. Joe Nixon ($1,000 on 3/5/04)
Lt. Governor David Dewhurst ($10,000 on 11/6/03)
Attorney General Greg Abbott ($10,000 on 7/11/03)
Railroad Commissioner Victor Carrillo ($5,000 on 1/29/04)
U.S. Senator John Cornyn ($2,500 while Cornyn was Texas' AG on 11/7/2000)
State Rep. Phil King ($2,500 on 10/23/07)
Texas Agriculture Commissioner Todd Staples ($5,000 on 11/27/07)
Former State Rep. Talmadge Heflin ($1,000 on 11/9/04)


The Valero-tied contributions aren't the only suspect contributions Hall has received as a candidate. While on the San Antonio City Council, Hall accepted money from executives and employees of the HB Zachry company, a San Antonio-based company which has paired with Spanish company Cintra and, in March 2005, signed a comprehensive development agreement authorizing $3.5 million in planning for the first phase of the controversial Trans-Texas Corridor. Hall accepted a $500 contribution from HB Zachry on April 26, 2005 and a $250 contribution from J.P. Zachry on August 8, 2005. As a San Antonio City Councilman, Hall also took money from Valero's PAC on May 3, 2005 ($500).

At the January 29 forum in Decatur, Hall also failed to state a position on a question that asked whether or not he favored continued development of the Trans-Texas Corridor, which will include "designated utility zones" which will facilitate the transport of oil and natural gas and could have a significant negative impact on Texas' environment and groundwater.

Henry faces Art Hall of San Antonio and Mark Thompson of Hamilton in the March 4 Democratic Primary. The winner of the March 4 Democratic Primary will face Commissioner Michael L. Williams in the general election.

Tuesday, February 26, 2008

Tom Love for U.S. Congress

By The Texas Liberal - Jan. 7, 2008

Sunday, February 24, 2008

More Democrats turn out all of first five days of early voting in Arlington and Tarrant County

By Faith Chatham - DFWRCC - Feb. 24, 2008

In Arlington, Democratic voters outnumbered Republican voters at all five polling places for each of the first five days of Early Voting. Countywide, over twice the number of Democrats voted early or by mail than Republicans.


In Arlington this year, larger numbers of Democrats are voting than Republicans. Democratic turnout at the five Arlington early voting sites exceeded Republican turnout for the first time in decades. In Arlington, known as a "Republican stronghold", 1033 votes were cast the first day of Early Voting in the Democratic primary while only 496 Republican votes were cast.
County wide, 5,733 Democrats voted early the first day; 2,606 Republicans voted early in Tarrant County on Tuesday.

On Wednesday Feb. 20, in Arlington, 1112 Democrats voted early; 463 Republicans voted early at the five early voting sites in Arlington.

On Thursday, Feb. 21, in Arlington, 846 Democrats voted early; 421 Republicans voted Thursday in Arlington.

On Friday, Feb. 22, in Arlington, 1,164 Democrats voted early; 557 Republicans voted early Friday in Arlington.

On Saturday, Feb. 23, in Arlington, 1,259 Democrats voted early; 431 Republicans voted early Friday in Arlington.

During the first five days of early voting in Arlington, 2,423 Democrats voted early and 988 Republicans voted early in Arlington during the first five days of early voting.

TARRANT COUNTY

County Wide on Tuesday Feb. 19, 5,732 Democrats voted and 2,607 Republicans voted.
County Wide on Wednedsay Feb. 20, 5,602 Democrats voted and 2,583 Republicans voted.
County Wide on Thursday, Feb. 21, 4,554 Democrats voted and 2,204 Republicans voted.
Wednesday. 5603 Democrats voted early and 2583 Republicans cast early ballots.
County Wide on Friday, Feb. 22, 5,992 Democrats voted and 2,985 Republicans voted early.
County Wide on Saturday, Feb. 23, 6,979 Democrats cast early ballots and 2,514 Republicans voted early.


During the first three days of Early Voting this year in Tarrant County 15,888 Democrats voted early and 7,394 Republicans voted early.

MAIL BALLOTS

By the second day of early voting, Tarrant County Elections reported a total of 2,146Democratic Primary mail ballots had been received and 1,982 Democratic Primary Vote by Mail ballots were still unvoted; 536 Republican Primary voters have returned Vote by Mail Ballots; 849 Republican Vote by Mail ballots remained to be voted at the close of the second day of Early Voting.
By Saturday, Feb. 23rd, 2,579 Democratic Vote by Mail Ballots had been returned and 893 Democratic Vote By Mail Ballots remained unvoted; 714 Republican Vote By Mail Ballots had been returned by Thursday and 888 Republican Vote By Mail Ballots remianed out and unvoted.

Democrats outpaced Republicans at the polls in Tarrant County on each of the first five days of Early Voting. Arlington, formerly thought of my many as a Red city, and discounted by most national Democratic campaigns as too expensive to work and too Republican to merit expenditure of resources, continues to turn out over two Democratic voters for every Republican. Democratic turnout has attracted the Presidential Campaigns. Chelsea Clinton appeared at UTA earlier this month. Her father, President Bill Clinton, will be 'stumpin'' for his wife at a rally this morning, (Sunday, Feb. 24) from 9:30-noon at Vandergriff Park. Arlington, noted as a city with a large number of Republican donors, has attracted Republican Presidential candidates in past years and some statewide Democratic candidates. This year, instead of fundraisers, the campaigns are holding rallies open to the public. Retail politics has arrived in Arlington


COMPARISON OF TARRANT COUNTY EARLY VOTERS BY DAY
FOR LAST THREE PRESIDENTIAL ELECTIONS



DAY 1 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 372 - Republican Voters: 1,558
Tarrant County - 2004:
Democratic Voters: 396 - Republican Voters: 286
Tarrant County - 2008:
Democratic Voters: 5,732 - Republican Voters: 2,607

DAY 2 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 558 - Republican Voters:2,518
Tarrant County - 2004:
Democratic Voters: 464 - Republican Voters: 387
Tarrant County - 2008:
Democratic Voters: 5,602 - Republican Voters: 2,583

DAY 3 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 713 - Republican Voters: 3,319
Tarrant County - 2004:
Democratic Voters: 591 - Republican Voters: 496
Tarrant County - 2008:
Democratic Voters: 4,554 - Republican Voters: 2,204

DAY 4 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 983 - Republican Voters: 4,665
Tarrant County - 2004:
Democratic Voters: 610 - Republican Voters: 538
Tarrant County - 2008:
Democratic Voters: 5,992 - Republican Voters: 2,985

DAY 5 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 1,205 - Republican Voters: 5,788
Tarrant County - 2004:
Democratic Voters: 542 - Republican Voters: 372
Tarrant County - 2008:
Democratic Voters: 6,979 - Republican Voters: 2,514



SOURCE: Tarrant County Election 3-4-2008 Primary Elections Combined Early Voting posted Sunday, Feb. 24, 2008

Friday, February 22, 2008

Tarrant County Democrats outnumber Republicans at Early Voting

By Faith Chatham - DFWRCC - Feb. 22, 2008

On the third day of Early Voting, all Tarrant County voting sites except two reported more Democratic Voters than Republican Primary Voters.
At Benbrook City Hall 104 Republicans voted early on Thursday and 98 Democrats voted early. At Nance Elementary 16 Republicans voted early and 10 Democrats voted early. A significant number more Democrats than Republicans voted Thursday at all other Tarrant County Early Voting sites.

County wide, 5,733 Democrats voted early on Tuesday while only 2,605 Repubicans voted early. This year both parties in Tarrant County have exceeded the number of voters participating in their primaries during the first and second days of early voting in the 2000 and 2004 Primaries. On the third day, Republican turn-out was less than in 2000; Democratic turnout on the Third Day in Tarrant County this year is over 6 1/2 times greater than 2000 Day three turnout and over 7 1/2 times greater than in the 2004 Presidential Democratic Primary.

In Arlington this year, larger numbers of Democrats are voting than Republicans. Democratic turnout at the five Arlington early voting sites exceeded Republican turnout for the first time in decades. In Arlington, known as a "Republican stronghold", 1033 votes were cast the first day of Early Voting in the Democratic primary while only 496 Republican votes were cast.
County wide, 5,733 Democrats voted early the first day; 2,606 Republicans voted early in Tarrant County on Tuesday.

On Wednesday Feb. 20, in Arlington, 1112 Democrats voted early; 463 Republicans voted early at the five early voting sites in Arlington.

On Thursday, Feb. 21, in Arlington, 846 Democrats voted early; 421 Republicans voted Thursday in Arlington.

County Wide on Tuesday Feb. 19, 5,732 Democrats voted and 2,607 Republicans voted.
County Wide on Wednedsay Feb. 20, 5,602 Democrats voted and 2,583 Republicans voted.
County Wide on Thursday, Feb. 21, 4,554 Democrats voted and 2,204 Republicans voted.
Wednesday. 5603 Democrats voted early; 2583 Republicans cast early ballots.

During the first three days of Early Voting this year in Tarrant County 15,888 Democrats voted early and 7,394 Republicans voted early.

MAIL BALLOTS

By the second day of early voting, Tarrant County Elections reported a total of 2,146Democratic Primary mail ballots had been received and 1,982 Democratic Primary Vote by Mail ballots were still unvoted; 536 Republican Primary voters have returned Vote by Mail Ballots; 849 Republican Vote by Mail ballots remained to be voted at the close of the second day of Early Voting.
By Thursday, Feb. 21st, 2,324 Democratic Vote by Mail Ballots had been returned and 1,935 Democratic Vote By Mail Ballots remained unvoted; 584 Republican Vote By Mail Ballots had been returned by Thursday and 856 Republican Vote By Mail Ballots remianed out and unvoted.

At the close of the third day of early voting 15,888 Democrats had voted early (in person and by mail) and 7,394 Republicans had voted early. In Tarrant County on each of the first three days of early voting, over twice the number of Democrats cast early votes than Republicans.

In 2000 in Tarrant County more Republicans voted early than Democrats during the first three days of Early Voting; In 2004 more Democrats voted early during the first three days of early voting than Republicans. However, this year a much higher percentage of Democrats are voting early than in 2004.


DAY 1 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 372 - Republican Voters: 1,558
Tarrant County - 2004:
Democratic Voters: 396 - Republican Voters: 286
Tarrant County - 2008:
Democratic Voters: 5,732 - Republican Voters: 2,607

DAY 2 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 558 - Republican Voters:2,518
Tarrant County - 2004:
Democratic Voters: 464 - Republican Voters: 387
Tarrant County - 2008:
Democratic Voters: 5,602 - Republican Voters: 2,583

DAY 3 EARLY VOTING
Tarrant County - 2000:

Democratic Voters: 713 - Republican Voters: 3,319
Tarrant County - 2004:
Democratic Voters: 591 - Republican Voters: 496
Tarrant County - 2008:
Democratic Voters: 4,554 - Republican Voters: 2,204

SOURCE: Tarrant County Election 3-4-2008 Primary Elections Combined Early Voting posted Friday, Feb. 22, 2008

Friday, February 15, 2008

Senate limits CIA interrogation

By BBC News - Thursday, 14 February 2008
The US Senate has voted to bar the CIA from using harsh interrogation techniques such as simulated drowning, widely known as water-boarding.
The ban was contained in a broader intelligence bill that passed 51-45.

The Senate vote follows a similar move by the House of Representatives in December, despite a threat by President George W Bush to veto such legislation.

A senior justice department official is set to testify later in the day that water-boarding is now not legal.

"The set of interrogation methods authorised for current use is narrower than before, and it does not today include water-boarding," says Steven Bradbury, the acting head of the Department of Justice's Office of Legal Counsel.

His remarks, obtained by the Associated Press, were prepared for an appearance before the House Judiciary Constitution subcommittee later on Thursday.

He goes on: "There has been no determination by the justice department that the use of water-boarding, under any circumstances, would be lawful under the current law."

Water-boarding, condemned as torture by rights groups and many governments, is an interrogation method that puts the detainee in fear of drowning.

Army manual

In a vote that split largely along party lines, the Democratic-led Congress on Wednesday passed a bill that would restrict the CIA to using the 19 interrogation techniques outlined by the US Army field manual.

The legislation would ban the CIA from using not only water-boarding but sensory deprivation and other harsh coercive methods on prisoners.

"There must be no doubt in the world that this great nation does not torture," said Senator Chuck Hagel, one of the bill's main sponsors.


Senator John McCain, who is the front-runner for the Republican presidential nomination and who has previously brought anti-torture legislation, voted against the overall bill.

"I made it very clear that I think that water-boarding is torture and illegal, but I will not restrict the CIA to only the Army field manual," he said.


Crucial information

Last week, the CIA publicly admitted for the first time using water-boarding on terror suspects.

The CIA director, General Michael Hayden, told the House Intelligence Committee the technique had only been used on three people, including high-profile al-Qaeda detainee Khalid Sheikh Mohammed, and not for the past five years.

He said that water-boarding may no longer be legal given changes in US legislation and that the CIA would respect limits passed by Congress even if it meant failing to get crucial information.

Gen Hayden has argued that the CIA has different interrogation needs than the army and requires more latitude to be effective.

The Senate vote fell short of the two-thirds majority needed to override a presidential veto, which Mr Bush has threatened to use.

"Part of this bill are inconsistent with the effective conduct of intelligence gathering," White House spokesman Tony Fratto said.


CIA 'ENHANCED INTERROGATION' TECHNIQUES
- Water boarding: prisoner bound to a board with feet raised, and cellophane wrapped round his head. Water is poured onto his face and is said to produce a fear of drowning
- Cold cell: prisoner made to stand naked in a cold, though not freezing, cell and doused with water
- Standing: Prisoners stand for 40 hours and more, shackled to the floor
- Belly slap: a hard slap to the stomach with an open hand. This is designed to be painful but not to cause injury
Source: Described to ABC News by un-named CIA agents in 2005

Read more on BBC News

US annual trade deficit narrows

By BBC News - Thursday, 14 February 2008
The US trade deficit narrowed in 2007, official figures show, as a rise in exports offset the country's large growth in oil imports.
The deficit reached $711.6bn (£361.1bn) last year, down from $758.5bn in 2006, the Commerce Department said.

Strong demand for oil from overseas had seen the trade gap set records for five consecutive years.

December's trade deficit fell to $58.8bn from $63.1bn in November - a bigger decline than expected.

China gap widens

The decline in the dollar helped to spur exports, analysts said, as this made US products cheaper abroad and therefore more competitive.

President George W Bush's administration has said that its free trade policies have also bolstered sales overseas.

However, critics point to a deficit that is almost double the level of 2001 when President Bush came office.

As analysts had expected, the trade deficit with China grew in 2007 despite the string of recalls of Chinese-made products during the year.

The trade gap with China jumped by 10.2% to $256.3bn - the biggest the US has had with a single country.

The next largest deficits were with the European Union at $107.4bn, and Japan at $82.8bn.

Commerce Department figures showed that exports, which were helped by farm products and car and vehicle parts, totalled $1.62 trillion, while imports, led by oil, rose to $2.33 trillion.

Read more in BBC News

Sharp jump in China trade surplus

By BBC News - Friday, 15 February 2008China's trade surplus soared 19.5% in January as the economy continued to boom despite efforts to cool the rate of growth, official figures have shown.
The surplus - the gap between what China exports and what it imports - grew to $22.7bn (£11.5bn) last month, compared with $15.9bn a year earlier.


China's exports in January increased 26.7% to $109.7bn, the biggest year-on-year rise in six months.

Imports rose 27.6% to $90.2bn, the biggest increase in almost two years.

Yuan dispute

The latest trade surplus figure was bigger than market estimates and is likely to renew criticism from the US and European Union, who have accused China of undervaluing the yuan to make its exports artificially cheap.


While Beijing still does not allow the yuan to float freely against other currencies, it counters that the currency's value has increased by 13% since 2005.

The Chinese government also argues that it cannot move any faster on liberalising the yuan for fear it could destabilise the country's export-led economic boom.

China has instead moved to cool both exports and its overall breakneck economic growth through policies such as increased taxation, interest rate rises and limits on how much money banks can lend to businesses.

Analysts said it would now be interesting to see how China's exports were affected by continuing recession fears in the US.

"The first point is that we haven't really seen any significant softening of the growth numbers in terms of both exports and imports," said Yiping Huang, chief China economist with Citigroup in Hong Kong.

"The trade surplus figure is a bit lower than in the previous months, but still very strong."

The International Monetary Fund said on Friday that the Chinese economy is likely to grow by 10% this year, down slightly from 11.4% in 2007.
Read more in BBC NEWS

Bush, House Democrats Face Off on Wiretapping Bill

By David Welna and Melissa Block - NPR - All Things Considered, February 14, 2008

President Bush says the House needs to finish a bill governing U.S. eavesdropping on the phone calls and e-mails of suspected terrorists. The current law, the Protect America Act, expires this weekend, and the president says he won't approve another extension of it.

The president is insisting that Congress send him legislation expanding wiretapping powers before the temporary law expires Saturday.

The Senate passed such legislation this week that's at odds with what the House passed three months ago, and House Democrats now want three more weeks to settle those differences.

At the White House on Thursday, President Bush said no to that:

"I urge congressional leaders to let the will of the House and the American people prevail and vote on the Senate bill before adjourning for their recess. Failure to act would harm our ability to monitor new terrorist activities and could reopen dangerous gaps in our intelligence. Failure to act would also make the private sector less willing to help us protect the country, and this is unacceptable."


Bush, Congress in Spy Bill Standoff
By The Associated Press - WASHINGTON -February 15, 2008
With a deadline looming, President Bush and congressional Democrats are locked in a standoff over the government's authority to spy on foreign phone calls and e-mails that pass through the United States.

A temporary law that makes it easier to carry out that spying expires Saturday night at midnight, and Bush and his top intelligence officials say the consequences are dire. Al-Qaida, Bush says, is "thinking about hurting the American people again," and would be helped if U.S. eavesdropping is hampered.

The Democrats are equally adamant. Bush has all the authority he needs to intercept terrorist communications, even if the law expires, House Speaker Nancy Pelosi said Thursday. The congressional majority is simply trying to balance concerns about civil liberties against the government's spy powers, and needs time to do it, she said.


So who's right?
A quirk in the temporary eavesdropping law adopted by Congress last August complicates the answer. The law allows the government to initiate wiretaps for up to one year against a wide range of targets. It also explicitly compels telecommunications companies to comply with the orders, and protects them from civil lawsuits that may be filed against them for doing so.

But while the wiretap orders can go on for a year from the time they started, the compliance orders and the liability protections go away when the law expires, says Director of National Intelligence Mike McConnell.

"There is no longer a way to compel the private sector to help us," he said Thursday in an Associated Press interview.


That is not exactly true. Even if the law expires, the government can get an order from the secret Foreign Intelligence Surveillance Court to compel their cooperation. That court was created 30 years ago for just such a purpose.

But McConnell rejects that option. He says the process of getting a court order ties intelligence agents up in red tape.

The 1978 Foreign Intelligence Surveillance Act requires court permission to tap wires inside the United States. Changes in technology since then mean much of the world's computer and phone traffic passes through the United States, much of it on fiber-optic cable. Successive court cases say court orders are needed to listen in on any of them, McConnell said.

To get a court order, intelligence agents have to prove they have "probable cause" to believe a target is foreign agent or terrorist before being allowed to tap a line inside the United States, even if the communication originates and ends in a foreign country. "If it touches a wire in the U.S. you have to have a warrant," he said.

It is difficult for intelligence agents piecing together shreds of information to get enough to merit probable cause, he said. By the time they can amass enough information to do that, the phone number they wanted to track might already be obsolete, McConnell said.

"Terrorists change their name, change their means of communicating all the time. Every time that changes you've got to stay with it. We have to be very dynamic. More than likely we would miss the very information we need to prevent some horrendous act from taking place in the United States,"
he said.

The FISA law does make provisions for fleeting targets when there is not time to fill out the paperwork. Within a few days, though, the paperwork must be completed and probable cause proved to get an order approved.

The easy solution, say Democratic congressional leaders, is to extend the current law long enough to allow the House and Senate to work out the differences in their respective surveillance bills. The House finished its version in October, but the Senate did not finish until this week, pushing Congress hard up against the deadline.

The law had been set to expire on Feb. 1. The White House reluctantly agreed to a 15-day extension but refuses to approve any more, and has appealed to House leaders to simply approve the version approved by the Senate, which includes the legal immunity for telecom companies the president wants.

The immunity provision protects phone companies that helped the government in its warrantless wiretapping program conducted outside the authority of the FISA court, a feature the House intentionally left out.

Unable to muster the votes to extend the current law, House leaders say they'd rather let it lapse and operate under the old FISA rules than be pressured by the White House into accepting the Senate bill. House Republicans protested with a walkout Thursday.

House Democratic leaders say they're reluctant to grant legal immunity to the phone companies without knowing what they did, and have asked for more information, most of it classified. They say the administration is balking.

McConnell acknowledged that the White House's refusal to extend the current law is meant to force Congress to adopt the Senate bill. "If anybody agrees to 21-day extension, in 21 days we're going to have the same discussion again," he said.

However, Pelosi predicted the House and Senate versions could be reconciled in three weeks.

McConnell believes retroactive telecom immunity is critical to national security. Failure to provide it could result in telecommunications companies challenging FISA court orders as a way to further insulate themselves from future lawsuits, he argued.

Already, he says the roughly 40 lawsuits filed against telecom companies nationwide has chilled the private sector's willingness to help the intelligence agencies in ways unrelated to electronic surveillance. Exactly how is classified, and he won't elaborate.

"I'm talking about the things they've done to help us track terrorists," said McConnell. "They did lawful things at the request of the government under the conditions they've done it for 50 years."


But that help has waned over the last two years, he said.

"Your country is at risk if we can't get the private sector to help us, and that is atrophying all the time," he said.


House Republicans stage a walkout on Capitol Hill in Washington, Thursday, Feb. 14, 2008, as Democrats considered a resolution that would hold some of President Bush's former aides in contempt of Congress for refusing to answer questions before the House Judiciary Committee.

Read more in NPR

Thursday, February 14, 2008

Nancy Pelosi Speaks On the Contempt Resolution of the Congress for Josh Bolton and Harriet Meirs

DOJ Requires Clear Channel To Divest In Four Markets To Complete Buyout

By Radio Ink - Feb. 13, 2008

WASHINGTON -- February 13, 2008: The Department of Justice says it will require Clear Channel to divest radio stations in Cincinnati, Houston, Las Vegas, and San Francisco in order for the company to proceed with a buyout led by private equity groups Bain Capital and Thomas H. Lee Partners.

Additionally, the DOJ's Antitrust Division has filed suit in Washington, DC, to block the acquisition, and at the same time has filed a proposed settlement that, if the U.S. District Court in Washington approves it, will resolve the lawsuit and the DOJ's competitive concerns.

The divestitures will be required, the DOJ said, because "the transaction, as originally proposed, likely would have resulted in higher prices to purchasers of radio advertising in Cincinnati, Houston, Las Vegas, and San Francisco because [buyers] Bain Capital and Thomas H. Lee Partners already have substantial ownership interests in two firms that compete with Clear Channel in those cities. Bain and THL have ownership interests in Cumulus Media Partners LLC (Cumulus), a large nationwide operator of radio stations, and THL also has an ownership interest in Univision Communications Inc. (Univision), a large nationwide operator of radio stations that broadcast primarily in Spanish."

According to the complaint filed by the Antitrust Division, radio stations owned by Clear Channel and Cumulus compete head-to-head in Cincinnati and Houston, while Clear Channel and Univision own competing Spanish-language radio stations in Houston, Las Vegas, and San Francisco. The division must approve the buyers of the divested Clear Channel stations.

"Without the divestitures obtained by the department, advertisers that rely on radio advertising in the affected cities likely would have faced higher prices," said Thomas O. Barnett, Assistant Attorney General in charge of the Antitrust Division. "The divestitures will ensure that advertisers will continue to receive the benefits of competition."

Read more on Radio Ink

Tuesday, February 12, 2008

Water Conservation Key Issue for Railroad Commission Candidate Dale Henry

By Sandra Cason - The Marshall News Messenger - Friday, February 08, 2008

It's all about water, said Dale Henry, Democratic candidate for Texas Railroad Commission.

"My campaign is important for one reason," Henry said, "and that is because the state of Texas is running out of water. It is an abused natural resource and the Railroad Commission has done nothing about it for the past 106 years."

If he is elected in this, his third bid for the seat, Henry said he will be the first commissioner with hands-on experience in oil and gas exploration, the industry for which the commission provides oversight.

Henry faces Art Hall and Mark Thompson in the March 4 Democratic Primary. If he is the party nominee, Henry will face Republican incumbent Michael Williams in the November general election.

A resident of Lampasas, 50 miles west of Austin, and a graduate of University of Texas, Henry is a retired employee of Schlumber J company, having worked in the oil fields of Iraq, Iran, Saudi Arabia and the Persian Gulf.

"I spent a number of years in research and development and I hold several fracturing patents," Henry said.

"I've been out there and seen it all," he added.

While many people may not stop to think about it that way, Henry pointed out that oil and gas drilling operations have a tremendous impact on ground water.

"Oil and gas activity inherently produces a lot of water," Henry said. "Water is what is used to bring it to the surface, but on its way, the water accumulates contaminated materials."


A common disposal method for the liquid is "to put it back in the ground."

Henry said he learned of a DeBerry preacher whose church hasn't had water in a number of years. "One well was drilled too close to his church and all the wells in the area are contaminated with salt water. You can drill a hundred good ones, but it takes just one bad well to create a whole bunch of problems," Henry said.

Good drilling practices are particularly important at this point in time because so many production companies are now using a horizontal approach.

"There's an area called the Barnett Shale," Henry said. "It is a very thick layer of stone and breaking through it has never made the effort worthwhile until horizontal drilling. That's the key."

In this method, the pipeline goes down for a distance, "turns a corner," and goes under the stone, Henry explained.

This type of drilling uses "millions of gallons of water per day. Sometimes it will be as much as 275,000 gallons," Henry added.

With such large quantities to be disposed of, Henry said it is more important than ever that the Railroad Commission check all drilling permit applications thoroughly, a practice he claims is not currently followed.

"This rubber-stamping has to stop," he said.

Use of environmentally safe drilling practices are especially important to this area because of Caddo Lake, Henry said.

"I've done hands-on work for the Railroad Commission in Caddo — the plugging of abandoned wells. Ninety percent of those I plugged had not be plugged by Railroad Commission rules and regulations the first time around.

"I will make protecting our water a priority for the Texas Railroad Commission," Henry said in a promotional brochure.

"In dry West Texas, the ranchers have to work hard at salvaging water to grow grass with which to feed cattle and produce beef. At the ranch my wife and I have operated for years, we cut the number of production acres needed per cow and calf from 25 acres to 2.5 acres by getting our water to the right place.

"Water's my passion. I know how to do it," Henry said.

"I'm not a politician and I shouldn't have to be involved in this, but the oil and gas companies are polluting our water, soil, and air, and the Railroad Commission simply turns its back and lets it happen.

"Instead of regulating these industries, the three commissioners are raking in campaign contributions from their executives and political action committees and are burying their heads in the sand.

"It's time for change," Henry said. "I need to bring the knowledge I have back to the people, if they'd like me to share it.

"I can do the job. I want the job.

"The petroleum industry is a great benefit to our state's economy, but that should not come at the expense of our environment or our fresh water supply," he said.

Read more in the Marshall News Messenger

Tx RR Commission Candidate - Dale Henry: Protecting State's Water a Priority

By RANDY ROSS - Longview News-Journal - Friday, February 08, 2008

Protecting the waters of Texas is a priority for Dale Henry.

The 76-year-old Democratic candidate for the Texas Railroad Commission said the production of oil and gas in Texas does not matter if the industry destroys Texas' natural water sources.

"We have to stop wasting and contaminating our water," Henry said.

Henry faces Art Hall of San Antonio and Mark Thompson of Hamilton in the Democratic primary election on March 4.

Henry has more than 40 years of experience working in the oil and natural gas fields in the United States and abroad, according to his campaign Web site. He has a bachelor of science degree in petroleum engineering from the University of Texas at Austin.

"I've been hands-on from the top to the bottom," Henry said. "I more or less speak the language of the oilfield."

The Railroad Commission is the state agency that regulates the oil and gas industry, gas utilities, pipeline safety, safety in the liquefied petroleum gas industry and the surface mining of coal. Established by the Legislature in 1891, the commission is the state's oldest regulatory agency, according to the agency's Web site.

The self-described environmentalist from Lampasas is a former city manager and county commissioner. He also founded 4 Arrows, the first cementing service company contracted by the railroad commission.

Henry said his experience in the oil and gas industry make him an ideal candidate for the commission. He said he knows the commission's rules and regulations from working as a contractor, and he would be able to begin working on his first day.

The oil and gas industry has a strong economic impact on the state, he said. That impact has come at a cost to the public, he said.

Henry said the commission has for many years considered the economics of the industry more important than public safety. He said that philosophy has changed in recent years, but it needs to continue to change. He said the commission must consider what is in the public's best interest.

"Environmentally, we have a problem," Henry said.

He said companies often cut corners when installing casing in wells to save money. As time erodes sealing and concrete shifts, water begins flowing and drawing out contaminants.

By forcing companies to install casing properly, Henry said companies would save more money in the long-term by avoiding remedial and repair work.

"These are serious matters," Henry said.

Attempts to reach Republican incumbent Michael Williams for comment were unsuccessful Thursday.

Read more in the Longview News-Journal

Monday, February 11, 2008

Consumer issues likely to play large role in Texas Railroad Commission race

By R.A. DYER - Star-Telegram Staff Writer - Mon, Feb. 11, 2008
AUSTIN -- With North Texas residents feeling the economic pinch -- and home energy prices on the rise -- consumer issues could take center stage in the race for the Texas Railroad Commission.

Agency Chairman Michael Williams, 54, a Republican, is seeking re-election. Three Democrats are also running in their party's March 4 primary: former San Antonio Councilman Art Hall, 37; retired chemical engineer Dale Henry, 76; and Mark Thompson, 48, a mobility specialist for the blind. Thompson lives in Hamilton.

Set against the backdrop of the race are several home heating rate increases authorized by the commission. In at least two major North Texas cases, Williams joined with other commissioners in setting rates higher than the agency's own panel of experts had recommended.

Williams said that while he sometimes disagrees with those experts -- they're administrative law judges, and they conduct hearings and consider evidence in rate proceedings -- he nonetheless strives to reject unwarranted requests by utilities.

"But we can have a difference of opinion with regards to policy questions," he said.

The three Democratic candidates say the commission and Williams are too close to the industry they regulate. Each Democrat lambasted the panel for not doing enough to protect consumers.

"Citizens need to get upset -- they need to write the Texas Railroad Commission and talk to them," Thompson said.

The Texas Railroad Commission, an agency little-understood by the public, regulates the oil and gas industry and is charged with ensuring pipeline safety. It also makes environmental decisions regarding oil wells and authorizes cost-of-service rates for natural gas utilities.

Each of the Democrats gave the commission poor marks when it came