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Politics : Liberalism: Do You Agree We've Had Enough of It? -- Ignore unavailable to you. Want to Upgrade?


To: Kenneth E. Phillipps who wrote (99439)2/4/2011 12:10:40 PM
From: TideGlider5 Recommendations  Respond to of 224744
 
Injunctive relief is an “extraordinary” [Weinberger v. Romero-Barcelo, 456 U.S. 305, 312, 102 S. Ct. 1798, 72 L. Ed. 2d 91 (1982)], and “drastic” remedy [Aaron v. S.E.C., 446 U.S. 680, 703, 100 S. Ct. 1945, 64 L. Ed. 2d 611 (1980) (Burger, J., concurring)]. It is even more so when the party to be enjoined is the federal government, for there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir.1985) (“declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . .since it must be presumed that federal officers will adhere to the law as declared by the court”) (Scalia, J.) (emphasis added).

There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.

you understand now why I didn't list you as an attorney in the previous posting. Learning to read a decision is requisite to giving a proper legal opinion.



To: Kenneth E. Phillipps who wrote (99439)2/4/2011 12:11:05 PM
From: jlallen5 Recommendations  Respond to of 224744
 
No need for an injunction. Obama is in contempt until and unless a stay is granted.

"...officials of the executive branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction... Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary." (page 75 of Judge Vinson's decision)



To: Kenneth E. Phillipps who wrote (99439)2/5/2011 1:18:37 PM
From: Hope Praytochange  Respond to of 224744
 
WASHINGTON — Odumbama has criticized American spy agencies over their performance in predicting and analyzing the spreading unrest in the Middle East, according to current and former American officials. was specifically critical of intelligence agencies for misjudging how quickly the unrest in Tunisia would lead to the downfall of the country’s authoritarian government, the officials said.

The officials offered few details about the president’s concerns, but said that Mr. Odumbama had not ordered any major changes inside the intelligence community, which has a budget of more than $80 billion a year. On Friday, a White House spokesman said spy agencies had given Mr. Odumbama “relevant, timely and accurate analysis” throughout the crisis in the Middle East.

But questions about the recent performance of spy agencies expose a tension that has played out since the C.I.A.’s founding in 1947: how to balance the task of analyzing events overseas to warn officials in Washington about looming crises with the mission of carrying out covert operations around the globe.

Some officials have focused their criticism on intelligence assessments last month that concluded, despite demonstrations in Tunisia, that the security forces of President Zine el-Abidine Ben Ali would defend his government. Instead, the military and the police did not, and Mr. Ben Ali and his family fled to Saudi Arabia.

One American official familiar with classified intelligence assessments defended the spy agencies’ Tunisia analysis.

“Everyone recognized the demonstrations in Tunisia as serious,” said the official, speaking on the condition of anonymity because he was discussing classified intelligence reports. “What wasn’t clear even to President Ben Ali was that his security forces would quickly choose not to support him.”

One former American official said that in recent weeks Mr. Obama urged intelligence officials to ensure that spy agencies were devoting as much effort to “long-term analysis” as they were to carrying out operations against Al Qaeda, including the C.I.A.’s bombing campaign using armed drone aircraft.

On Thursday, senior lawmakers pressed a top C.I.A. official on Capitol Hill about whether Mr. Obama had been given enough warning about the perils of the growing demonstrations in Cairo, and whether spy agencies had monitored social networking sites to gauge the extent of the uprising.

The same day, America’s senior military officer said in a television interview that officials in Washington had been surprised by how rapidly unrest had spread from Tunisia to Egypt.

“It has taken not just us, but many people, by surprise,” said Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, during an appearance on “The Daily Show.”

Several American officials said that after Tunisia’s government collapsed, intelligence analysts renewed their focus on gauging the impact that the chaos could have on Egypt, America’s most important ally in the Arab world.

Some C.I.A. veterans said it was wrong to conclude that because the spy agency had stepped up paramilitary operations in recent years, it had lost focus on the job of analyzing global events for the White House and Congress.

“The Egypt analysts in the C.I.A. aren’t picking targets in Pakistan; that’s just not the way the agency operates,” said Mark M. Lowenthal, a former C.I.A. assistant director for analysis.

Still, Mr. Lowenthal said that intelligence officials for decades had to endure the wrath of American presidents who blamed them for misjudging the events of the day — and that it was their obligation to accept the criticism.

“If you are an intelligence officer, you say, ‘Yes sir, thank you very much, sir,’ ” he said.



To: Kenneth E. Phillipps who wrote (99439)2/5/2011 1:30:02 PM
From: Hope Praytochange3 Recommendations  Respond to of 224744
 
Palin Paints Dark Picture of Obama’s Policies
By JEFF ZELENY
Published: February 5, 2011

SANTA BARBARA, Calif. — Sarah Palin opened a celebration of Ronald Reagan this weekend by declaring that the United States was lurching toward a “road to ruin,” saying the nation had become so weighed down by debt and excess government that a new direction was urgently needed in Washington.

She did not, however, provide any clues as to whether she would join the Republican primaries and seek to challenge President Obama or simply continue to offer commentary from the sidelines.

For Ms. Palin, a speech here Friday evening at the Reagan Ranch Center offered an opportunity to connect herself to the most iconic figure of the Republican Party. She used the appearance — one of the highest-profile Republican platforms in months — to rally conservatives by drawing parallels between government expansion under President Lyndon B. Johnson and the Obama administration.

“Reagan saw the dangers in L.B.J.’s Great Society,” Ms. Palin said. “He refused to sit down and be silent as our liberties were eroded by an out-of-control centralized government that overtaxed and overreached in utter disregard of constitutional limits.”

There is, of course, outsize curiosity surrounding Ms. Palin. And in recent weeks, there has been frustration from some Republican activists that she is not making more overtures.

Even though no prospective presidential contender has formally declared a candidacy, a robust amount of behind-the-scenes activity is under way, particularly in the courtship of advisers, supporters and contributors. Yet Ms. Palin stands alone in her approach, employing an unorthodox style that offers few hints as to whether she plans to enter the race.

The question for many Republicans is whether Ms. Palin is rewriting the rules of what it takes to run for president in an age of Facebook and Twitter — a world where, perhaps, there are few early visits to Iowa and New Hampshire, no need for policy speeches or press interviews — or whether this is part of an effort to keep herself in the public eye and to influence the primary.

Signs have emerged that her arms-length approach could be detrimental — or, at the very least, risky — if she ultimately decides to seek the nomination.

For weeks, many of her supporters held out hope that she would attend the Conservative Political Action Conference this week in Washington, but late last week she said a scheduling conflict would keep her from attending. It was the fourth straight year she has declined to speak at the conference, which is usually attended by every potential Republican candidate.

The Iowa caucuses and the New Hampshire primary that open the Republican nominating season are still a year away, but the mechanical pieces of the campaigns that will begin falling into place over the next six weeks will show the seriousness of the candidates.

Steve Scheffler, president of the Iowa Faith and Freedom Coalition and one of the state’s leading Republican activists, said Ms. Palin and other prospective candidates did not have the luxury of waiting much longer to begin introducing themselves. He said he was skeptical that Ms. Palin — or any contender — could wait until summer or fall to enter the race.

“I don’t think she’s ever had a sit-down meeting with anyone,” Mr. Scheffler said in an interview. “Even with all of her star power, people who respect and like her will want to meet her in a small-group setting. That isn’t too much to expect.”

Ms. Palin, a former Alaska governor and the 2008 Republican vice-presidential nominee, spoke here on Friday night to about 200 people at a banquet of the Young America’s Foundation, a group that now owns Rancho del Cielo, which served as the Western White House in the Reagan administration. The foundation is not affiliated with the Reagan Presidential Library in Simi Valley, which is also holding tributes to the former president, who would have turned 100 on Sunday.

Several people at the dinner said they had come specifically to take measure of Ms. Palin. From his seat at a table near the front of the room, Roy Billings, a Reagan admirer, said that he liked Ms. Palin a great deal, but that he hoped she would not run for president in 2012.

“I think she’s a good person,” Mr. Billings said. “Maybe she’s got potential to be the president someday, but not now. There are too many people who don’t relate to her.”

In her 30-minute address, Ms. Palin reprised themes of Reagan’s 1964 speech “A Time for Choosing,” which he gave two years before being elected governor of California. She reminded her audience that he, too, was “mocked, ridiculed and criticized” before his conservative vision became accepted Republican doctrine. But she stopped short of casting herself explicitly as his heir.

“No, there isn’t one replacement for Reagan, but there are millions who believe in the great ideas that he espoused,” Ms. Palin said. “There’s a whole army of patriotic Davids out there, across this great country, ready to stand up and to speak out in defense of liberty.”

The dinner, which was at a far smaller venue than the big rallies Ms. Palin often attends, had tight security and rigid rules. She entered the room just before she spoke — forgoing the ritual of sitting through dinner and mingling with guests — and exited before the applause ended.

People were admonished to stay in their seats and not approach Ms. Palin as she walked through the room.

“We’d all like to jump up and give her a high-five, but please stay at your tables,” Kate Obenshain, vice president of the foundation, announced from the dais. “There will be no book signings or autographs.”

At the end of the evening, people were asked to put their own cameras away and retire to the second floor of the Reagan Ranch Center to have a professional photograph taken with Ms. Palin, which will be sent to them in the mail.



To: Kenneth E. Phillipps who wrote (99439)2/5/2011 1:34:54 PM
From: Hope Praytochange2 Recommendations  Respond to of 224744
 
Labor Force Participation Plunges To Fresh 26 Year Low
Tyler Durden's picture
Submitted by Tyler Durden on 02/04/2011 08:57 -0500

* BLS
* Bureau of Labor Statistics
* Unemployment

At 64.2%, the labor force participation rate (as a percentage of the total civilian noninstitutional population) is now at a fresh 26 year low, the lowest since March 1984, and is the only reason why the unemployment rate dropped to 9% (labor force declined from 153,690 to 153,186). Those not in the Labor Force has increased from 83.9 million to 86.2 million, or 2.2 million in one year! As for the numerator in the fraction, the number of unemployed, it has plunged from 15 million to 13.9 million in two months! The only reason for this is due to the increasing disenchantment of those who completely fall off the BLS rolls and no longer even try to look for a job. Lastly, we won't even show what the labor force is as a percentage of total population. It is a vertical plunge.