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joeb

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My current thinking and work has me focusing on the creation of volunteer
civilian review police/criminal justice boards that have subpoena powers.
This model is especially attractive to me because it engages the average voter and taxpayer
into "owning" their criminal justice system by creating and enforcing standards for
the community's need for safety . This is done in lieu of the mercenaries currently working and and setting standards for  the criminal justice  system.



The National Association for Civilian Oversight of Law Enforcement (NACOLE) is a non-profit organization that brings together individuals or agencies working to establish or improve oversight of police officers in the United States.

http://nacole.org/
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joeb

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The Last Circle/Cheri Seymour

 http://www.ark-roundtable.com/

 

Sample Chapters from The Last Circle now online below

 

 

Chapter 17 - The Inslaw Affair

 

Chapter 22 - The Octopus Exposed

 

Chapter 25 - Rachel’s Resolution

 

The A.R.K. website offers a coming together of selected researchers, writers, authors, publicists, friends, associates, witnesses and contributors – keepers of the flame - dedicated to making the world a healthier and safer place to live for ourselves, our children and our grand-children.

 

A.R.K. seeks to educate and provide a forum to promote an understanding of contemporary issues that affect every facet of our daily lives, including links to other websites that enlighten beyond A.R.K.’s boundaries.

 

A.R.K. also provides historical background that explains how the United States reached this critical point in history, the perfect storm in which the underpinnings of economic, political, legal and social foundations have been irrevocably altered, leaving average Americans floating in a sea of uncertainty, like ships in the night with no safe port.

 

[corupt]In some cases these changes have been for the better, giving Americans of all creeds and races the opportunity to reach for the golden ring, but in the process of growth, it has spawned a deadly flood of corrupt politicians and officials, organized crime, narcotics and human traffickers, secret international cartels, corporate looters of the economy and the environment, and the list goes on into infinity, leaving future generations unprepared to reverse this decline.

 

The only peaceful counter-action to this growing phenomenon is education. A.R.K. is comprised of caring, concerned, and intelligent individuals from all walks of life who have generously devoted their time and personal well-being to come forward with their experience and knowledge because they are philosophically compelled to do the right thing. It is as simple as that.

 

[book]Every book, article or testimonial presented at this website has been scrupulously analyzed by the A.R.K. council for rectitude. We are comprised of hard-working professional people (with varying political and spiritual beliefs), so if we have overlooked some aspect that needs correction, we welcome input. We will make the correction if necessary, we seek only the truth, but we are not subject to long debates or conspiracy theories that stretch beyond our ability to verify the facts.
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joeb

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A punishing culture

 Criminal Injustice
By LANCE TAPLEY  |  October 24, 2013

http://portland.thephoenix.com/news/156130-punishing-culture/
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joeb

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 link   http://www.hindustantimes.com/india-news/4-yr-old-girl-claims-she-is-kalpana-chawla/article1-235334.aspx


I just finished reading Dr Ian Stevenson's book WHERE BIOLOGY AND REINCARNATION INTERSECT

Is on my top 5 books list

http://www.amazon.com/Where-Reincarnation-Biology-Intersect-Stevenson/dp/0275951898
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joeb

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http://krqe.com/2014/09/30/mayor-apd-chief-respond-to-officers-remarks-before-boyd-shooting/



Mayor, APD Chief respond to officer’s remarks before Boyd shooting
By Chris McKee Published: September 30, 2014

Officer speaks of using force before James Boyd shooting
In national press, APD Chief Eden admits ‘systemic’ problems
Boyd lawsuit filed against APD

– Albuquerque’s mayor and police chief are now talking about controversial comments made by Albuquerque Police detective Keith Sandy before he shot and killed James Boyd. However, it’s not Sandy’s comments about using force against the homeless camper that has them upset right now, rather, it’s something else.


Mayor R.J Berry and Chief Gorden Eden both took issue with Sandy calling James Boyd, who suffered from mental illness, a “lunatic.” The two top officials wouldn’t go near Sandy’s comment about using force on Boyd.

“This is an example of using language that’s inappropriate,” said Mayor R.J. Berry.

“It’s absolutely unacceptable,” said APD Chief Gorden Eden.

From the mayor to the police chief, both top city officials say they’re upset with comments made by detective Keith Sandy on newly released dash-cam video.

The video comes from a belt-tape recording by New Mexico State Police Sergeant Chris Ware, who was called to scene hours before Boyd was shot. In the recording, Sandy can be heard making comments about using force against James Boyd hours before he shot the mentally ill homeless camper to death.

“This f*****g lunatic? (unintelligible) I’m going to shoot him with (unintelligible) shotgun here in a second,” said Sandy in the recording.

“Any police officer who would call somebody a lunatic in the course of a high stress situation like that, its disappointing,” said Mayor R.J. Berry, responding to the comments on Tuesday.

Mayor Berry said Sandy calling Boyd a lunatic “doesn’t fit” with what he expects out of the Albuquerque Police Department. However, the mayor wouldn’t talk about Sandy’s comment on using force. Mayor Berry also wouldn’t address Keith Sandy’s employment.

“Is this somebody that you would want working for the city, exemplifying this behavior?” asked News 13 reporter Chris McKee.

“Well once again, I have to restrict my comments as a mayor because there are federal investigations, there are lawsuits in place,” said Mayor Berry.

“I think some people are saying though, in the end, why does Keith Sandy still have a job for Albuquerque Police?” asked News 13’s Chris McKee.

“Well once again, people need to understand he’s on administrative leave and he has been since the day of the James Boyd shooting,” responded Mayor Berry.

As for Chief Gorden Eden, he feels much the same way as the mayor in regards to Sandy’s comments.

“Our policies strictly prohibit that type of language from our officers,” said Chief Eden.

Eden also spoke with KRQE News 13 on Tuesday, but would only comment on Sandy’s “lunatic” remark, not the detective’s threat of using force, even though making profane comments to citizens and making comments about using force are both violations of APD’s standard operating procedures.

“I cannot address the specifics of an ongoing criminal investigatio
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joeb

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http://rigorousintuition.ca/board2/viewtopic.php?f=8&t=36259
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joeb

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Reply with quote  #7 
see link for full story

http://www.providencejournal.com/news/content/20141017-fbi-informant-caranci-testifies-in-baccari-trial-in-north-providence-corruption-case.ece



FBI informant Caranci testifies in Baccari trial in North Providence corruption case

Published: October 17, 2014

PROVIDENCE, R.I. — A former North Providence official, who tipped off authorities about the corrupt activities of three men who served as councilmen with him, testified Thursday that he was not aware of any major distinction between bribery and extortion.

The former councilman, Paul F. Caranci, is now a deputy secretary of state.

He was at the center of the government’s effort to investigate three corrupt councilmen and Providence developer Richard P. Baccari Sr., who is now on trial in U.S. District Court, Providence, where he faces charges of bribery and conspiracy.

Baccari’s lawyer, Anthony M. Cardinale, has argued that the corrupt councilmen forced his client to pay them money and that the developer was a victim of extortion.

Baccari’s family business, Churchill & Banks, had invested more than $300,000 in an effort to build a supermarket, and it needed several zoning votes from the council to go forward in 2009, according to Cardinale.

The prosecution contends that Baccari bribed the cou
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joeb

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Reply with quote  #8 

http://m.sfgate.com/crime/article/San-Francisco-police-corruption-trial-begins-in-5883800.php

see link for full story


CRIME
San Francisco police corruption trial begins in federal court
November 10 2014
San Francisco police Sgt. Ian Furminger in the Tenderloin in 2012.
A federal prosecutor opened the trial of two San Francisco police officers Monday by telling jurors the case was about “corruption with a badge.” Defense lawyers countered that it was about a third policeman who cut a deal with prosecutors to frame their clients.

Reynaldo Vargas, who pleaded guilty to four felony charges last month and agreed to testify against his former colleagues, is a man with an “evil nature” whose testimony was “bought and paid for,” Brian Getz, attorney for police Sgt. Ian Furminger, said in an opening statement to the U.S. District Court jury in San Francisco.


Teresa Caffese, lawyer for Officer Edmond Robles, said Robles “had no knowledge of what Vargas was doing” and “didn’t help Vargas commit any of the crimes.” Vargas, she said, “is a liar and he is a convicted criminal” who “is now pointing fingers at Ed Robles because he wants to save his own skin.”

But Assistant U.S. Attorney Rodney Villazor said Vargas and other witnesses would describe a series of thefts of money, drugs and other property from criminal suspects by the three officers, who worked in the plainclothes unit at the Mission Station.

$30,000 in cash

RELATED STORIES
Ex-S.F. officer pleads guilty, will testify in corruption case
Officers in corruption case face additional charges
Cops deny corruption charges as lawyer questions case
In a May 2009, during a search of a home in Newark, where the officers were assisting the U.S. Drug Enforcement Administration, Villazor said, Vargas found a shovel in the backyard, dug up $30,000 in cash and split it with Furminger and Robles. The next day, the prosecutor said, Robles deposited $6,000 in his bank account.

In another 2009 search, Villazor said, Vargas found two Apple gift cards, one for $500 and the other for $53.17, in the hotel room of a suspected drug dealer. “Vargas looked at Ed Robles and said, 'Let’s go shopping,’” Villazor said, and one of the gift cards was used to buy an iPod for Robles’ girlfriend.

“That’s what this case is about, a cop stealing money,” the prosecutor said. He said the items police seize during searches belong in evidence lockers, “not in their bank accounts.”

Caffese said Robles, when he gave the iPod as a gift,did not know it had been purchased with a stolen gift card.

Furminger and Robles are charged with theft from suspects and from the city and with depriving the public of their honest services. The criminal charges against all three officers followed an investigation by San Francisco police and the FBI that concluded they had stolen marijuana that had been seized from suspects in 2009, and that Vargas had delivered the drugs to a pair of informants, who sold it in return for 25 percent of the proceeds.

Furminger and Robles have been suspended without pay.

Ex-officer’s admissions

Vargas was a police officer from 1999 until he was fired in 2012 for allegedly falsifying his time sheets. In a plea agreement Oct. 21, he admitted stealing computers, gift cards, money and other property and keeping them for personal use. He also said he, Furminger and Robles had taken marijuana from a seized UPS package in 2009, and that he later gave the drugs to tw
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joeb

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METASTASIZING OF THE POLICE STATE OF AMERICA – OPED
NOVEMBER 19, 2014 DAVE LINDORFF

http://www.eurasiareview.com/19112014-metastasizing-police-state-america-oped/

The latest news on the burgeoning police state in the US — a page-one investigative report in the New York Times disclosing that at least 40 agencies of the US government from the Department of Health and Human Services to the Supreme Court (!) are using undercover agents to spy on and even to entrap law-abiding American citizens — suggests that we have passed the tipping point.

One can no longer speak in terms of the US as a country that is moving towards becoming a police state. We are living in a police state.

The Times reports that IRS personnel have been going undercover posing as accountants and even as physicians to root out tax fraud, that the Supreme Court has been dispatching some of its guards (all of whom have been trained in undercover work) “dressed down” in civilian clothes to mingle with protesters (notably abortion-rights activists) to spy on people simply exercising their First Amendment rights outside the court building, that the USDA sends out agents posing as Food Stamp recipients to try and entrap shop-owners to commit Food Stamp fraud, and that even NASA and the Smithsonian Institution have undercover operatives. Undercover cops and agents are assuming the identities of teachers, doctors, journalists and even priests.

This information has to be put together with the rampant militarization of local police forces, who have become an occupying army, and with the proliferation of spying activities by state and local police agencies, encouraged by the establishment by the FBI and the Department of Homeland Security of myriad “Joint Anti-Terrorism Strike Forces, and of 76 so-called Fusion Centers. These latter are totally unregulated operations that
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joeb

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see link for full bullet wound

The Police Are Still Out of Control
I should know.
By FRANK SERPICO October 23, 2014

In the opening scene of the 1973 movie “Serpico,” I am shot in the face—or to be more accurate, the character of Frank Serpico, played by Al Pacino, is shot in the face. Even today it’s very difficult for me to watch those scenes, which depict in a very realistic and terrifying way what actually happened to me on Feb. 3, 1971. I had recently been transferred to the Narcotics division of the New York City Police Department, and we were moving in on a drug dealer on the fourth floor of a walk-up tenement in a Hispanic section of Brooklyn. The police officer backing me up instructed me (since I spoke Spanish) to just get the apartment door open “and leave the rest to us.”


One officer was standing to my left on the landing no more than eight feet away, with his gun drawn; the other officer was to my right rear on the stairwell, also with his gun drawn. When the door opened, I pushed my way in and snapped the chain. The suspect slammed the door closed on me, wedging in my head and right shoulder and arm. I couldn’t move, but I aimed my snub-nose Smith & Wesson revolver at the perp (the movie version unfortunately goes a little Hollywood here, and has Pacino struggling and failing to raise a much-larger 9-millimeter automatic). From behind me no help came. At that moment my anger got the better of me. I made the almost fatal mistake of taking my eye off the perp and screaming to the officer on my left: “What the hell you waiting for? Give me a hand!” I turned back to face a gun blast in my face. I had cocked my weapon and fired back at him almost in the same instant, probably as reflex action, striking him. (He was later captured.)

When I regained consciousness, I was on my back in a pool of blood trying to assess the damage from the gunshot wound in my cheek. Was this a case of small entry, big exit, as often happens with bullets? Was the back of my head missing? I heard a voice saying, “Don’ worry, you be all right, you be all right,” and when I opened my eyes I saw an old Hispanic man looking down at me like Carlos Castaneda’s Don Juan. My “backup” was nowhere in sight. They hadn’t even called for assistance—I never heard the famed “Code 1013,” meaning “Officer Down.” They didn’t call an ambulance either, I later learned; the old man did. One patrol car responded to investigate, and realizing I was a narcotics officer rushed me to a nearby hospital (one of the officers who drove me that night said, “If I knew it was him, I would have left him there to bleed to death,” I learned later).

The next time I saw my “back-up” officers was when one of them came to the hospital to bring me my watch. I said, “What the hell am I going to do with a watch? What I needed was a back-up. Where were you?” He said, “Fuck you,” and left. Both my “back-ups” were later awarded medals for saving my life.

I still don’t know exactly what happened on that day. There was never any real investigation. But years later, Patrick Murphy, who was police commissioner at the time, was giving a speech at one of my alma maters, the John Jay College of Criminal Justice, and I confronted him. I said, “My name is Frank Serpico, and I’ve been carrying a bullet in my head for over 35 years, and you, Mr. Murphy, are the man I hold responsible. You were the man who was brought as commissioner to take up the cause that I began — rooting out corruption. You could have protected me; instead you put me in harm’s way. What have you got to say?” He hung his head, and had no answer.

Even now, I do not know for certain why I was left trapped in that door by my fellow police officers. But the Narcotics division was rotten to the core, with many guys taking money from the very drug dealers they were supposed to bust. I had refused to take bribes and had testified against my fellow officers. Police make up a peculiar subculture in society. More often than not they have their own moral code of behavior, an “us against them” attitude, enforced by a Blue Wall of Silence. It’s their version of the Mafia’s omerta. Speak out, and you’re no longer “one of us.” You’re one of “them.” And as James Fyfe, a nationally recognized expert on the use of force, wrote in his 1993 book about this issue, Above The Law, officers who break the code sometimes won’t be helped in emergency situations, as I wasn’t.


On the left, Al Pacino plays Serpico in the 1973 movie. On the right, Frank Serpico leaves the Bronx County Courthouse after testifying on police corruption in 1973. | Getty Images
Forty-odd years on, my story probably seems like ancient history to most people, layered over with Hollywood legend. For me it’s not, since at the age of 78 I’m still deaf in one ear and I walk with a limp and I carry fragments of the bullet near my brain. I am also, all these years later, still persona non grata in the NYPD. Never mind that, thanks to Sidney Lumet’s direction and Al Pacino’s brilliant acting, “Serpico” ranks No. 40 on the American Film Institute’s list of all-time movie heroes, or that as I travel around the country and the world, police officers often tell me they were inspired to join the force after seeing the movie at an early age.

In the NYPD that means little next to my 40-year-old heresy, as they see it. I still get hate mail from active and retired police officers. A couple of years ago after the death of David Durk — the police officer who was one of my few allies inside the department in my efforts to expose graft — the Internet message board “NYPD Rant” featured some choice messages directed at me. “Join your mentor, Rat scum!” said one. An ex-con recently related to me that a precinct captain had once said to him, “If it wasn’t for that f***kin’ Serpico, I coulda been a millionaire today.” My informer went on to say, “Frank, you don’t seem to understand, they had a well-oiled money making machine going and you came along and threw a handful of sand in the gears.”



Read more: http://www.politico.com/magazine/story/2014/10/the-police-are-still-out-of-control-112160.html#ixzz3KgZK5We4
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joeb

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http://www.nydailynews.com/news/crime/2-cops-sodomized-man-screwdriver-working-article-1.2820609


KING: 2 Chicago cops who sodomized man with screwdriver are still working

SHAUN KING
NEW YORK DAILY NEWS Thursday, October 6, 2016, 6:44 PM



https://act.credoaction.com/sign/warren_fbi


Credo Action
Stand with Sen. Warren: Tell the FBI to explain failure to prosecute bankers




http://www.counterpunch.org/2016/10/06/whats-behind-time-magazines-putin-demonizing/

OCTOBER 6, 2016
What’s Behind Time Magazine’s Putin Demonizing?




“Russia Wants to Undermine Faith in the U.S. Election. Don’t Fall For It.” Thus reads the cover ofTime magazine with a photo of Vladimir Putin on the cover staring at me from shelves as I sit in an airport. Genuinely curious, I check out Massimo Calabresi’s article online.

Of course, U.S. elections are almost completely unverifiable and do not even pretend to meet international standards. Jimmy Carter doesn’t even try to monitor them because there’s no way to do it. Much voting is done on machines that simply must be trusted on faith. Whether they accurately count the votes entered is simply unknowable, and reason to wonder is fueled by the machines’ frequently changing a vote visibly just as it’s cast, and by the ease with which people have been able to hack the machines. Never mind all the problems with registration, intimidation, inconvenience, discrimination, etc.

We should undermine our own faith in the U.S. election system. I’d include in that the financial corruption, gerrymandering, etc., but here I’m just referring to the counting of votes. Then we should repair it! Is Russia helpfully pointing out the problem to us? Not that I’ve seen. But the Russia-did-it stories that were used to bury the DNC-rigged-its-primary stories rather shockingly blurted out in major corporate U.S. media what I’ve just been saying. For a while it seemed acceptable to be aware that U.S. elections are faith-based as long as it helps build up hostility with Russia. Now, however, we’re being told of our duty to remain firm in our faith. Time says:

“The leaders of the U.S. government, including the President and his top national-security advisers, face an unprecedented dilemma. Since the spring, U.S. intelligence and law-enforcement agencies have seen mounting evidence of an active Russian influence operation targeting the 2016 presidential election.”

Why the “top national-security advisers”? That’s a euphemism for war counselors. How do they come into this? And where is the evidence, mounting or otherwise?

“It is very unlikely the Russians could sway the actual vote count, because our election infrastructure is decentralized and voting machines are not accessible from the Internet.”

Of the 50 states into which the vote counting is “decentralized” there are only a handful the U.S. media will pay much attention to. Those “swing states” are the ones a hacker would hack. And here’s an interesting Washington Post article I recommend to the editors of Time: “More than 30 states offer online voting, but experts warn it isn’t secure.”

“But they can sow disruption and instability up to, and on, Election Day, more than a dozen senior U.S. officials tell TIME, undermining faith in the result and in democracy itself.”

Democracy itself? Egad! Those commies must be against democracy. Perhaps they even hate capitalism! How many of those senior officials have names? Is “senior” in this case a polite way of saying “extremely elderly”? Come on! Nobody has faith in U.S. democracy. That’s undermined every day by the U.S. government, as Time’s own pollsters are perfectly aware. Most U.S. residents believe their government is broken, and they’re perfectly right. Russia’s government could use a lot of improvements too. But only one of the two is building missile bases and engaging in military “exercises” on the other one’s border.

“The question, debated at multiple meetings at the White House, is how aggressively to respond to the Russian operation. Publicly naming and shaming the Russians and describing what the intelligence community knows about their activities would help Americans understand and respond prudently to any disruptions that might take place between now and the close of the polls.”

Gee, there’s an idea. If only there were a journalist in the building!

“Senior Justice Department officials have argued in favor of calling out the Russians, and that position has been echoed forcefully outside of government by lawmakers and former top national-security officials from both political parties.”

Wait, don’t tell me, are these the same guys who sincerely wanted to tell us where the Weapons of Mass Destruction were in Iraq?

“Unfortunately, it’s not that simple. The President and several of his closest national-security advisers are concerned about the danger of a confrontation in the new and ungoverned world of cyberspace, and they argue that while the U.S. has powerful offensive and defensive capabilities there, an escalating confrontation carries significant risks.”

That’s right! Hey, they know best. Accusing Russia without any evidence shouldn’t offend anybody. The Russian government should be grateful. But presenting evidence and seeking to uphold the law, truth, an


http://www.oyetimes.com/news/middle-east/99237-sabre-rattling-with-russia-over-syria-reigniting-the-cold-war

Sabre-Rattling with Russia Over Syria - Reigniting the Cold War




06 October 2016 10:40
A recent but very little covered letter to President Obama from a group of concerned military and intelligence professionals provides an interesting contrast to the growing anti-Russia/anti-Putin movement stemming from the White House, Department of Defense and Hillary Clinton.  The group that authored the letter is called Veteran Intelligence Professionals for Sanity (VIPS) and consists of the following individuals:
 
William Binney, former Technical Director, World Geopolitical & Military Analysis, NSA; co-founder, SIGINT Automation Research Center (ret.)
 
Fred Costello, Former Russian Linguist, USAF
 
Mike Gravel, former Adjutant, top secret control officer, Communications Intelligence Service; special agent of the Counter Intelligence Corps and former United States Senator
 
Matthew Hoh, former Capt., USMC, Iraq & Foreign Service Officer, Afghanistan (associate VIPS)
 
Larry Johnson, CIA and State Department officer
 
John Kiriakou, former CIA counterterrorism officer and former senior investigator, Senate Foreign Relations Committee
 
Linda Lewis, WMD preparedness policy analyst, USDA (ret.) (associate VIPS)
 
Edward Loomis, NSA, Cryptologic Computer Scientist (ret.)
 
Ray McGovern, former US Army infantry/intelligence officer & CIA analyst (ret.)
 
Elizabeth Murray, Deputy National Intelligence Officer for Middle East, CIA (ret.)
 
Todd Pierce, MAJ, US Army Judge Advocate (ret.)
 
Coleen Rowley, Division Counsel & Special Agent, FBI (ret.)
 
Kirk Wiebe, former Senior Analyst, SIGINT Automation Research Center, NSA, (ret.)
 
Robert Wing, former Foreign Service Officer
 
Ann Wright, U.S. Army Reserve Colonel (ret) and former U.S. Diplomat
 
This letter is particularly pertinent given the American withdrawal from the Russian-led talks on a ceasefire in Syria in early October as shown here:
 

 
With that background, here are some excerpts from the open letter to President Obama about America's deteriorating relationship with Russia:
 
"We write to alert you, as we did President George W. Bush, six weeks before the attack on Iraq, that the consequences of limiting your circle of advisers to a small, relatively inexperienced coterie with a dubious record for wisdom can prove disastrous.  Our concern this time regards Syria.
 


We are hoping that your President’s Daily Brief tomorrow will give appropriate attention to Saturday’s warning by Russia’s Foreign Ministry spokesperson Maria Zakharova: “If the US launches a direct aggression against Damascus and the Syrian Army, it would cause a terrible, tectonic shift not only in the country, but in the entire region.”
 
Speaking on Russian TV, she warned of those whose “logic is ‘why do we need diplomacy’ … when there is power … and methods of resolving a problem by power. We already know this logic; there is nothing new about it. It usually ends with one thing – full-scale war.”
 
We are also hoping that this is not the first you have heard of this – no doubt officially approved – statement. If on Sundays you rely on the “mainstream” press, you may well have missed it. In the Washington Post, an abridged report of Zakharova’s remarks (nothing about “full-scale war”) was buried in the last paragraph of an 11-paragraph article titled “Hospital in Aleppo is hit again by bombs.” Sunday’s New York Times totally ignored the Foreign Ministry spokesperson’s statements.
 
In our view, it would be a huge mistake to allow your national security advisers to follow the example of the Post and Times in minimizing the importance of Zakharova’s remarks.
 
Events over the past several weeks have led Russian officials to distrust Secretary of State John Kerry. Indeed, Foreign Minister Sergey Lavrov, who parses his words carefully, has publicly expressed that distrust. Some Russian officials suspect that Kerry has been playing a double game; others believe that, however much he may strive for progress through diplomacy, he cannot deliver on his commitments because the Pentagon undercuts him every time. We believe that this lack of trust is a challenge that must be overcome and that, at this point, only you can accomplish this.
 
It should not be attributed to paranoia on the Russians’ part that they suspect the Sept. 17 U.S. and Australian air attacks on Syrian army troops that killed 62 and wounded 100 was no “mistake,” but rather a deliberate attempt to scuttle the partial cease-fire Kerry and Lavrov had agreed on – with your approval and that of President Putin – that took effect just five days earlier.
 
In public remarks bordering on the insubordinate, senior Pentagon officials showed unusually open skepticism regarding key aspects of the Kerry-Lavrov deal. We can assume that what Lavrov has told his boss in private is close to his uncharacteristically blunt words on Russian NTV on Sept. 26:
 
“My good friend John Kerry … is under fierce criticism from the US military machine. Despite the fact that, as always, [they] made assurances that the US Commander in Chief, President Barack Obama, supported him in his contacts with Russia (he confirmed that during his meeting with President Vladimir Putin), apparently the military does not really listen to the Commander in Chief.”
 
Lavrov’s words are not mere rhetoric. He also criticized JCS Chairman Joseph Dunford for telling Congress that he opposed sharing intelligence with Russia, “after the agreements concluded on direct orders of Russian President Vladimir Putin and US President Barack Obama stipulated that they would share intelligence. … It is difficult to work with such partners. …”" (my bold)
 


This tells us something very important; there is a very significant policy difference between the White House and the Pentagon when it comes to Syria.  Recent developments in Syria strongly suggest that there is a direct conflict between military and civilian leadership in the United States.
 
Let's go back to the open letter:
 
"The door to further negotiations remains ajar. In recent days, officials of the Russian foreign and defense ministries, as well as President Putin’s spokesman, have carefully avoided shutting that door, and we find it a good sign that Secretary Kerry has been on the phone with Foreign Minister Lavrov. And the Russians have also emphasized Moscow’s continued willingness to honor previous agreements on Syria.
 
In the Kremlin’s view, Russia has far more skin in the game than the U.S. does. Thousands of Russian dissident terrorists have found their way to Syria, where they obtain weapons, funding, and practical experience in waging violent insurgency. There is understandable worry on Moscow’s part over the threat they will pose when they come back home. In addition, President Putin can be assumed to be under the same kind of pressure you face from the military to order it to try to clean out the mess in Syria “once and for all,” regardless how dim the prospects for a military solution are for either side in Syria.
 
We are aware that many in Congress and the “mainstream” media are now calling on you to up the ante and respond – overtly or covertly or both – with more violence in Syria. Shades of the “Washington Playbook,” about which you spoke derisively in interviews with the Atlantic’s Jeffrey Goldberg earlier this year. We take some encouragement in your acknowledgment to Goldberg that the “playbook” can be “a trap that can lead to bad decisions” – not to mention doing “stupid stuff.”
 
Goldberg wrote that you felt the Pentagon had “jammed” you on the troop surge for Afghanistan seven years ago and that the same thing almost happened three years ago on Syria, before President Putin persuaded Syria to surrender its chemical weapons for destruction. It seems that the kind of approach that worked then should be tried now, as well – particularly if you are starting to feel jammed once again.
 
Incidentally, it would be helpful toward that end if you had one of your staffers tell the “mainstream” media to tone down it puerile, nasty – and for the most part unjustified and certainly unhelpful – personal vilification of President Putin.
 
Renewing direct dialogue with President Putin might well offer the best chance to ensure an end, finally, to unwanted “jamming.” We believe John Kerry is correct in emphasizing how frightfully complicated the disarray in Syria is amid the various vying interests and factions. At the same time, he has already done much of the necessary spadework and has found Lavrov for the most part, a helpful partner...
 
...Therefore, we strongly recommend that you invite President Putin to meet with you in a mutually convenient place, in order to try to sort things out and prevent still worse for the people of Syria.
 
In the wake of the carnage of World War II, Winston Churchill made an observation that is equally applicable to our 21st Century: “To jaw, jaw, jaw, is better than to war, war, war.”"
 
The recent developments in Syria and the degradation of




http://touch.latimes.com/#section/1130/article/p2p-91636681/

Prosecutors who withhold or tamper with evidence now face felony charges




The office of Orange County Dist. Atty. Tony Rackauckas was removed from one of its most high-profile cases: the prosecution of mass murderer Scott Dekraai. The judge said prosecutors repeatedly violated Dekraai’s rights by failing to turn over evidence.

October 3, 2016, 10:00 p.m.
Amid an ongoing controversy in the Orange County courthouse involving accusations of prosecutorial misconduct, a new law will r


http://www.dailydot.com/layer8/signal-subpoena-privacy-gag-order/




Encryption App Signal Wins Fight Against FBI Subpoena And Gag ...
The Daily Dot-Oct 4, 2016
Signal, widely considered the gold standard of encrypted messaging apps, was put to the test earlier this year when a FBI subpoena and gag ...


http://townhall.com/tipsheet/christophernmalagisi/2016/10/05/ed-klein-reveals-bombshell-facts-about-hillary-fbi-investigation-n2227879

Ed Klein Reveals Bombshell Facts About Hillary FBI Investigation
Christopher N. Malagisi |Posted: Oct 05, 2016 7:30 A


In our “Part One” bombshell interview with author Ed Klein, he reveals stunning secrets about what really happened in the Hillary FBI email investigation case, and what role FBI Director James Comey really played in all of it.  These shocking revelations are all detailed in his new book, Guilty As Sin, published by Regnery Publishing, and is featured as the Conservative Book Club’s Editor’s Pick of the Week.

Learn the truth about the FBI investigation into Hillary Clinton’s email server, what health issues she’s really facing, and what Bill Clinton did to try and intimidate the Justice Department to not prosecute Hillary.  You won’t believe what Ed Klein discovered in his in-depth research.

Ed Klein is the former editor of The New York Times Magazine, and is currently an editor with Vanity Fair.  He’s written numerous books about Hillary and Bill Clinton and releases his new book, Guilty as Sin, right before the consequential November elections!

Listen to our Part One exclusive author interview with Ed Klein be





https://www.theguardian.com/technology/2016/oct/06/yahoo-email-surveillance-government-nsa-fisa

Yahoo email surveillance: who approved the secret scanning ...
The Guardian-
By what legal authority do the National Security Agency and the FBI ask Yahoo ... It also appears very similar to programs the FBI uses to pursue child abusers.




https://www.amazon.com/Systemic-Evil-MAT-PEREZ-FBI/dp/1503052613



Ex-FBI agent took on FBI to fight for equality - The Santa Fe New Mexican: ...
The Santa Fe New Mexican › news › ex-f...
Jan 4, 2014 - Bernardo 'Mat' Perez, 74, former FBI agent who sued the agency in 1987 in a landmark discrimination case, is now retired from the bureau and ...



http://www.foxnews.com/politics/2016/10/05/republicans-blast-fbi-for-astonishing-agreement-to-destroy-clinton-aides-laptops.html



REPUBLICANS
Republicans blast FBI for 'astonishing' agreement to destroy Clinton aides' laptops
Published October 05, 2016
FBI destroyed laptops of Clinton aides after reviewing
Top-ranking Republicans on Wednesday escalated their inquiry into a controversial FBI agreement to destroy the laptops of two Hillary Clinton aides questioned in the email scandal investigation, pressing Attorney General Loretta Lynch for answers and suggesting the deal obstructed congressional investigators.


The agreement to destroy the computers, the lawmakers wrote Wednesday in a letter to Lynch, “is simply astonishing given the likelihood that evidence on the laptops would be of interest



https://theintercept.com/2016/10/05/fbi-secret-methods-for-recruiting-informants-at-the-border/

Revealed: The FBI's Secret Methods for Recruiting Informants at the ...
The Intercept-
The FBI and U.S. Customs and Border Protection work closely together to turn these vulnerabilities into opportunities for gathering intelligence, ..

http://abcnews.go.com/Technology/wireStory/fbi-head-san-francisco-key-figure-iphone-hack-42577482

New FBI Head in San Francisco Was Key Figure in iPhone Hack
ABC News-Oct 4, 2016
In this photo taken Tuesday, Sept. 27, 2016, FBI Special Agent Jack Bennett answers a question while posing in one of the bureau's ...


http://fox2now.com/2016/10/06/fbi-recruiting-over-700-college-students-and-recent-graduates/

FBI recruiting over 700 college students and recent graduates

William Woods, the special agent in Charge of the FBI St. Louis Division, joins us this morning to tell us about the FBI`s new collegiate hiring ...


http://www.abc15.com/news/region-central-southern-az/tucson/fbi-investigation-into-alleged-misuse-of-rico-money-by-pima-county-sheriffs-department

Did Sheriff spend money allocated for crime
fighting misuse funds?


http://www.motherjones.com/kevin-drum/2016/10/fbi-releases-one-final-data-dump-about-hillary-clintons-email-affair

FBI Releases One Final Data Dump About Hillary Clinton's Email Affair
Mother Jones-Oct 3, 2016
A few weeks ago the FBI released its final report on Hillary Clinton's private email server. I commented on it here. But it turns out there's more





http://www.nydailynews.com/new-york/ex-nypd-svu-accused-groping-woman-chuckled-attack-article-1.2820566

Ex-NYPD SVU cop accused of groping woman 'chuckled' during attack
BY VICTORIA BEKIEMPIS
NEW YORK DAILY NEWS Updated: Thursday, October 6, 2016, 6:42 PM



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joeb

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http://www.occurrencesforeigndomestic.com/2016/10/19/speaks-volumes/
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joeb

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Dante always reserved a special place in Hell for Climate Change deniers

from a never meteorologist to ever deniers


https://robertscribbler.com/2017/09/18/major-hurricane-maria-could-hit-150-mph-intensity-as-it-barrels-toward-puerto-rico/

just in from Robert Scribbler’s website
Major Hurricane Maria Could Hit 150 Mph+ Intensity as it Barrels Toward Puerto Rico
As of early afternoon on September 18, Hurricane Maria had reached major hurricane intensity of 125 mph maximum sustained winds and a 956 mb minimum central pressure. Moving west-northwest at 10 mph, the storm is tracking through already the hurricane-weary eastern Caribbean islands on a path toward a Puerto Rico still recovering from its close brush with Category 5 Hurricane Irma.

(National Hurricane Center’s [NHC] projected path and intensity for Maria shows a major hurricane threatening Puerto Rico over the next two days. Image source: NHC.)

Maria is expected to track over very warm Caribbean waters in the range of 84 to 86 degrees Fahrenheit (29+ C) as it enters a favorable atmospheric environment. And forecasters now call for Maria to rapidly intensify. Hurricane watches have already been issued for the American territory of Puerto Rico. And the present official Hurricane Center track and forecast intensity for Maria (see above image) shows a severe blow by a powerful category 4 storm striking somewhere along southeastern Puerto Rico early Wednesday with maximum sustained winds of 150 mph.

2017 Already a Season for the Record Books

It’s worth noting that some models presently show Maria tracking north of Puerto Rico. So the island could still avoid a direct hit. But the current official consensus is a rather grim forecast.

(IR satellite imagery of Maria shows an increasingly organized storm. Forecast points and sea surface temperatures included for reference. Image source: National Hurricane Center.)

Maria is the fourth major hurricane to form in the Atlantic during 2017 — which has been an exceptional season in many respects. This year saw the early formation of Arlene in April — only the second named storm recorded to have formed during that month. It saw the strongest hurricane ever to form outside of the Carribbean or Gulf of Mexico — Irma — which was also tied as the strongest land falling hurricane in the Atlantic. Both Category 4 Harvey and Irma struck the continental U.S. — the first time two Cat 4 storms have struck the states in a single month. And Harvey produced the heaviest recorded rainfall total from a tropical system at 51.88 inches. Overall damage estimates from the 2017 Atlantic hurricane season presently stand at 132 billion dollars — which makes this season the second costliest so far (behind 2005).

How Climate Change and Other Global Factors Contributed

With damages from Harvey and Irma still uncounted, with Maria barreling in, and with a week and a half left to September and all of October remaining, it’s likely that 2017 will see more to come. Though Irma and Jose have churned up cooler waters in their wakes, large sections of the Gulf, Caribbean, and North Atlantic remain considerably warmer than normal.

(Sea surface temperature anomaly map shows that much of the North Atlantic and Carribbean are between 0.5 and 2 C warmer than the already warmer than normal 30-year average. Image source: Earth Nullschool.)

Meanwhile, a very vigorous Inter-Tropical-Convergence-Zone (ITCZ) is still producing powerful thunderstorms over Africa. And cool water upwelling in the Pacific has generated La Nina-like conditions that tend to cut down on Atlantic wind shear — allowing more storms to fully develop and tap those warmer than normal waters to reach higher maximum intensities. Some of these factors — particularly the warmer than normal surface waters and possibly the increased intensity of ITCZ thunderstorms are climate change related. So yes, statements from those like Dr. Michael Mann claiming that this season’s hurricanes were made worse by climate change are absolutely valid.

(UPDATES TO FOLLOW)

RELATED STATEMENTS AND INFORMATION:




Blink Tank








Slim and Dave Mallett have written and performed
some music I will be using in my Doc about Robert Shetterly
https://www.americanswhotellthetruth.org

check them out




http://davidmallett.com/tour/




http://www.nydailynews.com/news/national/man-reportedly-wears-clown-mask-chase-daughter-article-1.3503931


Man allegedly wears clown mask to chase daughter, nearby witness fires gun
BY DAN GUNDERMAN
NEW YORK DAILY NEWS Monday, September 18, 2017, 10:20 AM
 This father took his scare way too far.

Vernon Barrett, Jr., a father from Boardman, Ohio, allegedly donned a clown mask and chased his daughter down the street, in an effort to scare and discipline her, according to WKBN.

This comes as the 6-year-old’s mother was reportedly jailed for child endangerment — in allegedly breaking four of the girl’s ribs.

As Barrett scared his daughter, she reportedly jumped into a stranger’s car and then entered a stranger’s apartment. She shouted about a clown trailing right behind her, according to police, as relayed by WKBN.

Police







http://indiatoday.intoday.in/story/preet-bhararas-new-podcast-to-take-on-justice-issues-trump/1/1050678.html
Preet Bhararas new podcast to take on justice issues, Trump

PTI
September 18, 2017 | UPDATED 18:15 IST
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joeb

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Posts: 8,262
Reply with quote  #14 
https://robertscribbler.com/2017/09/22/half-way-to-catastrophe-sixth-global-mass-extinction-to-be-triggered-by-or-before-2100-without-rapid-emissions-cuts/

Half-way to Catastrophe — Global Hothouse Extinction to be Triggered by or Before 2100 Without Rapid Emissions Cuts
Over recent years, concern about a coming hothouse mass extinction set off by human carbon emissions has been on the rise. Studies of Earth’s deep history reveal that at least 4 out of the 5 major mass extinctions occurred during both hothouse periods and during times when atmospheric and oceanic carbon spiked to much higher than normal ranges. Now a new scientific study reveals that we are have already emitted 50 percent of the carbon needed to set off such a major global catastrophe.

Fossil Fuel Burning = Race Toward a 6th Mass Extinction

The primary driver of these events is rising atmospheric CO2 levels — often caused in the past by the emergence of masses of volcanoes or large flood basalt provinces (LIP in image below). In the case of the worst mass extinction — the Permian — the Siberian flood basalts were thought to have injected magma into peat and coal formations which then injected a very large amount of carbon dioxide into the Earth’s atmosphere and oceans.



(In the Earth’s deep past, the worst global mass extinctions were driven by large igneous provinces like the eruptions across Siberia during the Permian. The initial killing mechanism during these extinctions was a result of the upshot ocean anoxia, acidification, and biochemistry change. During the Permian, effects eventually spilled over to land and possibly the upper atmosphere. Today’s human carbon emissions will ultimately produce worse impacts over shorter time scales than the Permian. Image source: Skeptical Science and The History of Seawater Carbonate Chemistry, Atmospheric CO2, and Ocean Acidification.)

Higher atmospheric and ocean carbon drove both environmental and geochemical changes — ultimately setting off hyperthermal temperature spikes and ocean anoxic events that were possibly assisted by methane hydrate releases and other climate and geophysical feedbacks. The net result of these events was major species die-offs in the ocean and, during the worst events, on land.

Considering the fact that present human activities, primarily through fossil fuel burning, are releasing vast quantities of carbon into the Earth’s atmosphere and oceans at a rate never before seen in the geological past, it appears that the world is racing toward another major mass extinction. In the past, the location of this dangerous precipice was a bit murky. But a recent study in Science Advances attempts to better define the threshold at which the worst of the worst mass extinction events — set off by rising ocean and atmospheric carbon — occur.

310 Billion Tons Carbon Entering Ocean = Mass Extinction Threshold

The study used a relatively easy to identify marker — ocean carbon uptake — in an attempt to identify a boundary limit at which such mass extinctions tend to occur. And the study found that when about 310 billion tons of carbon gets taken in by the oceans, a critical boundary is crossed and a global mass extinction event is likely to occur.

Presently, human beings are dumping carbon into the atmosphere at an extremely high rate of around 11 billion tons per year. Today, about 2.6 billion tons per year of this carbon ends up in the ocean. In total, since 1850, humans have added about 155 billion tons of carbon to the Earth’s oceans — leaving us with about another 155 billion tons before Rothman’s (the study author) extinction threshold is crossed.



(Thresholds of Catastrophe in the Earth System finds that present carbon emissions bring us about halfway to the global mass extinction boundary limit. That carbon emissions cuts need to be more aggressive than the most aggressive present international policy scenario to reliably avoid risk of setting off a global mass extinction event.)

At the presently high rate of fossil fuel burning and greenhouse gas emissions from humans, that gives us about 60 years. This is true even if emissions levels remain steady and do not increase. If emissions increase along a business as usual pathway, we could cross that threshold by or before the 2050s. And under all present emissions scenarios identified by international climate policy, the 310 billion ton threshold is either closely approached or greatly exceeded by 2100.

This should set off warning bells for global governments and climate policy advocates alike. What it means is that halting fossil fuel burning and transitioning to renewable energy needs to occur at rather swift rates — with annual global carbon emissions peaking within the next 1-10 years and then rapidly diminishing to zero — if we are to avoid a high risk of setting off another major global mass extinction. Of course, this does not mean that such a response will avoid harmful climate impacts — a number of which have already been locked in. Just that such a major response would be needed to avoid a high risk of setting off a catastrophic global mass extinction event equal to some of the worst in all of Earth’s deep history.

Rapid Movement Toward Terrible Long-Term Global Consequences

The study notes that past major extinctions like the Permian occurred on 10,000 to 100,000 year time-scales. And that during these events the changes inflicted upon the global environment by major carbon additions to the ocean and atmosphere occurred too swiftly for organisms to adapt. The pace of human carbon addition is presently faster than even during the Permian — the worst mass extinction event. So if this very large carbon spike were to continue it has the potential to set off impacts as bad, or worse than the Permian and over much shorter time horizons.

The study also notes that it takes about 10,000 years for the worst impacts of a mass extinction carbon spike to be fully realized. So hitting the 310 billion ton threshold by or before 2100 runs a high risk of consigning the world to many, many centuries of increasingly worsening climate impacts.

Links:

Thresholds of Catastrophe in the Earth System

History of Seawater Carbonate Chemistry, Atmospheric CO2, and Ocean Acidification

Today’s Climate Change is More Comparable to Earth’s Worst Mass Extinction






https://www.courthousenews.com/mit-study-creates-framework-id-key-patterns-behind-extreme-events/

MIT Unveils Framework to ID Extreme-Weather Patterns

September 22, 2017







https://www.muckrock.com/foi/united-states-of-america-10/course-attendeesrequestees-32487/


Subject: Freedom of Information Request: Course Attendees/Requestees
To Whom It May Concern:

This is a request under the Freedom of Information Act. I hereby request the following records:

I would like a copy of any and all requests from local or state law enforcement agencies wishing to hold a FLETC course in their own jurisdiction, or near their own jurisdiction. This can be in the form of any written communications, including email. The date range I would like searched for is 1/1/12 to the date this request is processed.

I would also like any breakdowns, intra-agency reports, summaries, or logs of the law enforcement agencies that have used FLETC to train officers from 1/1/12 to the date this request is processed on. I do not need reports from each department, I am only looking for compilations of the departments that have used FLETC to train officers.

The following is a list of courses I would like specifically searched for, to limit my search:
-Active Shooter Threat Training Program
-Advanced Instruction for Marksmanship
-All Terrain Vehicle Training Program
-Advanced Pistol Training Program
-Continuing Legal Education Training Program-Uniformed Police
-Covert Electronic Tracking Program
-Internet Investigations Training Program
-Introduction to Digital Evidence Analysis
-Mobile Device Investigations Program
-Use of Force Instructor Training Program
-Land Transportation Antiterrorism Training Program

As a member of the news media working for MuckRock News I request that a fee waiver for my request be granted. My work has been published by national outlets. My work for Motherboard can be viewed at the following link: http://motherboard.vice.com/author/cwaltman

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 20 business days, as the statute requires.

Sincerely,

Curtis Waltman

http://www.nydailynews.com/news/politics/devos-obama-era-rules-title-ix-article-1.3513555

Betsy DeVos does away with Obama-era rules for probing college sexual assaults under Title IX
BY TERENCE CULLEN
NEW YORK DAILY NEWS Updated: Friday, September 22, 2017, 11:51 AM
 



http://www.nydailynews.com/news/national/substitute-teacher-nazi-salute-graders-article-1.3513596



Teacher fired after showing third graders how to give Nazi salute
BY DAVID BOROFF
NEW YORK DAILY NEWS Friday, September 22, 2017, 11:52 AM


http://www.nydailynews.com/news/national/video-sees-child-care-workers-taunting-boy-autism-article-1.3513344

Snapchat video shows Florida childcare workers taunting, throwing objects at boy with autism
BY JESSICA SCHLADEBECK
NEW YORK DAILY NEWS Friday, September 22, 2017, 10:01 AM
 


http://www.tulsaworld.com/news/courts/va-psychiatrist-who-had-sex-with-veteran-could-face-years/article_894e4f42-836d-5699-8c55-ebee3efffdb3.html

VA psychiatrist who had sex with veteran could face 20 years for witness tampering, U.S. attorney says
Psychiatrist who had sex with veteran could face 20 years for witness tampering





http://bangordailynews.com/link/some-parts-of-maine-may-see-90-by-monday-fall-temps-arrive-late-week-maria-likely-a-miss/

Some parts of Maine may see 90° by Monday, fall temps arrive late week, Maria likely a miss




http://www.nydailynews.com/new-york/nyc-crime/nypd-school-crossing-guard-70-busted-attacking-husband-article-1.3515598

Off-duty NYPD school crossing guard, 70, busted for attacking husband
BY THOMAS TRACY
NEW YORK DAILY NEWS Saturday, September 23, 2017, 9:49 AM
 


Link du jour


https://www.nytimes.com/interactive/2017/06/20/us/cia-torture.html


http://www.denverpost.com/2017/09/23/photos-today-in-history-september-23/


http://www.collective-evolution.com/2017/09/16/vips-witness-a-300-foot-object-that-traveled-10000-feet-in-half-a-second-heading-straight-for-their-plane/


https://www.muckrock.com/foi/united-states-of-america-10/meetings-between-doj-and-jp-morgan-officials-9125/



https://pjmedia.com/trending/2017/09/21/police-reports-suggest-dem-scandal-ringleader-abused-several-muslim-immigrant-women/

Police Reports Suggest Dem IT Scandal Ringleader Abused Several Muslim Immigrant Women
 BY DEBRA HEINE SEPTEMBER 21, 2017






https://www.courthousenews.com/immunity-denied-sheriffs-deputy-shot-killed-teen/

Immunity Denied for Sheriff’s Deputy Who Shot & Killed Teen


September 22, 2017


A Sonoma County sheriff’s deputy must face civil claims from the family of a 13-year-old boy he killed after mistaking the boy’s toy rifle for an AK-47, the Ninth Circuit ruled Friday.

On Oct. 22, 2013, the afternoon he was shot and killed, school was out for the day and Andy Lopez was walking on a Santa Rosa sidewalk to his friend’s house.

The toy gun Lopez was swinging at his side was missing the orange tip that designates it as a replica, but expert witnesses for the police in the case have conceded that officers were far enough away at the time of the shooting that they would be unable to distinguish the tip in any case.

Sheriff’s Deputy Erick Gelhaus was on a routine patrol with his partner when he observed Lopez from a distance of 100 yards.

In 20 seconds, Gelhaus’ partner had spun their vehicle around and chirped the siren while Gelhaus propelled himself from the car, ordered Lopez to drop the weapon, and fired eight shots.

Seven of those shots hit Lopez in the chest, and he died at the scene.

After Chief U.S. District Judge Phillis Hamilton advanced civil claims by Lopez’s family against Gelhaus in Oakland last year, the deputy appealed to the Ninth Circuit.

Rejecting that bid Friday, a divided three-judge panel determined that “a reasonable jury could conclude that Gelhaus deployed excessive force in violation of the Fourth Amendment.”

“Additionally, the alleged violation of Andy’s Fourth Amendment right was clearly established at the time of Gelhaus’s conduct,” U.S. Circuit Judge Milan Smith Jr. wrote for the majority.

Senior U.S. Circuit Judge J. Clifford Wallace wrote in dissent that the majority improperly discounted evidence that the barrel of Lopez’s toy gun was beginning to rise as he turned around to look at Gelhaus.

Wallace accuses the majority of employing a “distorted reading” of the lower court’s decision, emphasizing that that court had found that the gun “was beginning to rise” as the boy turned to face Gelhaus and his partner, which lead the officer to believe they were in “imminent danger.”

“The majority opinion exhaustively recounts the facts of the case, but for me, they are largely irrelevant,” Wallace wrote. “One critical fact — the upward motion of the fake gun — resolves the qualified immunity issue in Deputy Gelhaus’s favor.”

Smith’s opinion meanwhile says a reasonable jury could conclude that Lopez’s gun “never rose to a position that posed any threat to the officers.”

“The dissent’s accusations are as seismic as they are unconvincing,” the majority opinion states.

Smith accused Wallace of falsely reframing the incident as a “duel” between the teen and deputy, who “avoided imminent peril only by firing at Andy just before Andy fired at him.”

He chided Wallace as well for ignoring the evidence that Lopez had not threatened or acted aggressively toward Gelhaus and his partner.

“The dissent also apparently believes that the district court not only made this factual finding, but then made the rather inexplicable decision to ignore this obvious threat in its qualified immunity analysis,” Smith said with regard to the “duel.”

“To be sure, if those were the facts, it would be hard to see how the district court could have denied summary judgment on the Fourth Amendment claim and on qualified immunity,” Smith added. “But those were not the facts the district court found.”

Noah Blechman, an attorney for Gelhaus with McNamara Ney Beatty Slattery Borges & Ambacher, disagreed with the majority’s assessment.

“In this scenario there was no time for the officers to determine exactly his intentions before he turned around and the gun started coming up and around towards the officers,” Walnut Creek-based Blechman said in an interview.

The dissent by Wallace claims that there was no evidence to support “speculation,” based on three-dimensional models of Lopez’s movements presented by an expert for the family, that the gun had stopped rising by the time Gelhaus fired.

“In reaching the opposite conclusion, the majority accuses me of making an assumption regarding this fact that is improper at the summary judgment stage,” Wallace said. “I have done no such thing. In fact … it is the majority whose position is unsupported by the record.”

Gerald Peters, an attorney for the Lopez family based in Thousand Oaks, blasted the dissent as coming from a “law-and-order judge appointed by Richard Nixon.”

“The justice didn’t consider at all that Gelhaus shot Andy seven times, which was sort of remarkable,” Peters said of Wallace. “It was purely the gun coming up, therefore he had the right to shoot.”





https://www.courthousenews.com/aclu-says-st-louis-police-kettling-violated-protesters-rights/

ACLU Says St. Louis Police ‘Kettling’ Violated Protesters’ Rights


September 22, 2017
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