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marcjampole · 5 years

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The history of presidential misconduct puts a whole new light on the Trump impeachment hearings

When viewed through the lens of today, the defense of Trump by Republicans seems reprehensible to a growing number of Americans. Despite the daily piling up of more evidence of his illegal attempt to force a foreign government to interfere with our elections, most Republicans continue to vociferously support the president. Those who are inching away, such as Senators Linda Murkowski and Mitt Romney, do so with extreme care. Trump’s betrayal of the Syrian Kurds has influenced almost no Republicans to look at Trump in a new light, just as most Republicans ignored Nixon’s illegal bombing of Cambodia—at least at first.

But in the context of American history, the Republican reaction is pretty standard. As you can learn by reading Presidential Misconduct, virtually everything about the current situation resembles most presidential scandals throughout American history.

Presidential Misconduct is a compendium essays about investigations into the misdeeds of presidents and their immediate coterie edited by the distinguished historian James M. Banner, Jr. Originally commissioned by the House Judiciary Committee during the 1974 Watergate Hearings, Presidential Misconduct presents the historical record of the misdeeds of past presidents and their cronies reaching back to the Washington administration and compiled by leading presidential scholars of the day. The Committee originally conceived of the book as a benchmark against which Nixon’s misdeeds could be measured. A recently published update includes all the presidential administrations through Obama’s. What is stunning is the degree to which every controversy surrounding virtually every potential presidential misdeed—whether an impeachment hearing or a Congressional investigation—follows a set pattern that only three people break: Andrew Johnson, Richard Nixon and now, Donald Trump.

In depicting this pattern, I will leave out consideration of one investigation—the impeachment of Bill Clinton related to the Monica Lewinsky scandal. In every other of the literally hundreds of cases of investigating a president or his administration for wrongdoing (including other accusations against Clinton), the issue was either corrupt practices in which money exchanged hands for favorable treatment or unlawful attempts to influence elections. Only in the case of Slick Willie’s oval office affair was the issue a personal indiscretion—in this case, a sexual relationship between consenting adults. Despite the fact that there are many instances of fooling around by presidents or their advisers, Congress has only once decided to open an investigation related to a sexual dalliance, which lead to Clinton stupidly do what most people do when confronted by their infidelity—they lie. Again, there are numerous documented cases of presidents lying or stretching the truth—Tyler, Lincoln, LBJ, Reagan, Bush II—to name just a few before our current liar-in-chief. You know, the one who manufactures new lies almost on a daily basis. Yet very few have been taken to task for lying and no president other than Clinton suffered punishment for lying about a personal matter. The Trump impeachment hearings have so far completely ignored the more than 20 outstanding accusations of sexual assault against the Donald. A strongly partisan element infects all investigations of presidential malfeasance, to be sure. But the Clinton case is so out of the ordinary that we can learn nothing from it that we can apply to the current situation.

With that caveat out of the way, what we learn from Presidential Misconduct is that the unfolding of the Trump impeachment hearings proves the validity of the old French expression, “The more things change, the more they stay the same.” 1) In virtually all cases, someone found malfeasance by a member of cabinet, a high ranking advisor, an entire department or a close relative or friend of the president. 2) Opinions have always split down party lines, with the party of the president and friendly media aggressively proclaiming the innocence of the accused party and the opposing party and media hotly and noisily proclaiming and pursuing guilt. 3) A common defense was to admit the suspect events took place but insist they were not illegal. 4) Presidents have varied in the speed of their responsiveness to requests for information and the testimony of subordinates. Yet while executive privilege was sometimes invoked at an early point, at the end of the day presidents almost always have provided the information requested without lawsuit and virtually all witnesses called ended up testifying or giving a deposition. 5) The president always loyally supports those accused, often after their guilt has been well established. In most cases, the president runs into the most trouble for his continued backing of a crony or subordinate under investigation. 6) Often, as with the case of Grant, Harding and Truman, the dastardly deeds turned out to be legal, but didn’t pass the common sense “smell test.” In these cases, Congress passed new laws and /or the department in question changed its standard practices.

Most important, every president except Madison, Polk and Ford has faced a number of major scandals in his administration, and at the end of the day, virtually none were blamed for it. Either the officer, department or crony was exonerated, or the president was found completely innocent of knowing anything about the crimes. Besides Nixon’s administration, among the most corrupt were those of Tyler, Buchanan, Grant Harding, Truman, Reagan and Bush II. The Reagan administration provides an interesting case: The administration involved itself in as much law-breaking as Nixon’s did, but Reagan never personally benefited from any of the corruption and no one could find evidence that he knew about the political scandals like Iran-Contra. In a sense, he was a modern Ulysses Grant, personally incorruptible and idealistic, but surrounded by a den of thieves. With investigations exonerating presidents for everything except bad judgment and rigid loyalty, impeachment was hardly ever mentioned and almost never attempted.

Kevin M. Kruse said it best in summarizing the Carter administrations on page 402: “In the end, the three main scandals of the Carter Administration followed the general pattern, in which sloppy financial practices and suspect business dealings invited close inspection but ultimately proved to have fallen short of outright criminal misdeeds.”

The first exception to this pattern of presidential exoneration was Andrew Johnson, whose “high crimes and misdemeanors” involved orders he gave and did not give, specifically concerning the Secretary of War and the treatment of the renegade southern states returned to the union only after a long, bloody war. In a sense, Johnson’s impeachment and near conviction was the last skirmish of the Civil War.

The second exception was Nixon, who unlike all other presidents, knew all about all the corruption in his administration, serving as the source and center for most of it. The Watergate break-in and other dirty tricks. The illegal pay-offs to silence the guilty and protect the administration. The enemies list. The illegal campaign contributions. It was Nixon who authorized the illegal bombing of Cambodia and directed his representatives to convince the South Vietnamese to refuse to come to the negotiating table until after the 1968 election. Nixon was as dirty as dirty can be.

And that’s why I think Trump is going down.

Trumpty-Dumpty, like Tricky Dicky, is at the center of every controversy as instigator, motivator and bad actor. His already debunked fantasies of the Bidens corruptly profiting from Papa Joe’s influence as vice president and of Ukraine interfering in the 2016 election served as the motivating factor in the illegal and unethical actions of Trump, Rudy Giuliani, Pompeo and others in Ukraine. Trump is leading the cover-up by refusing to hand over documents or let officials testify. Like Nixon and Cambodia, Trump is solely responsible for the scandals that are not part of the impeachment proceedings but are causes for additional disgruntlement, such as the betrayal of the Kurds, the separation of children at the border, the exit from the Iranian nuclear deal and the Paris Accord, and Trump’s record of sexual assault and harassment.

Like Nixon, all the evidence points to Trump being dirty.

Those despairing that like Andrew Johnson and Clinton, Trump will be impeached by the House but not convicted by the Senate should consider that we’re still early in the process, still at the point at which all opinion has a highly partisan tinge to it.

What the Republican Senators are waiting for is a smoking gun. And if Nixon serves as a precedent, the court will supply the requisite still-hot firearm by forcing Trump to turn over material including his taxes. I’m guessing that the requirement to turn over the taxes will compel Trump to resign from office rather than let it out that he is owned by Russian interests and that he is worth far less than a billion smackers. But whatever it is, something in what we find in the taxes or in the records that the administration wants to keep hidden will hang Trump with his own party. He will most likely resign in a deal that spares him indictment on any federal or state charges rather than face conviction. If in his crazy grandiosity, the Donald refuses to follow the Nixon model, he will not have a big enough Praetorian guard, loyal only to him, to attempt to stay in office by force after his conviction. While we can spin apocalyptic fantasies about the end of our democracy, I think we can realistically depend on the loyalty to the United States and our Constitution by the military, the Secret Service, the FBI and local police.

History suggests that because the investigation centers on Trump and not his subordinates, the likely result will be that he leaves office before his term is up. That is, assuming the smoking gun produces enough smoke.

Meanwhile, although we may consider the Republicans sticking to Trump like white to rice to be despicable, they are in fact engaged in nothing more than business as usual, the same business that has surrounded presidential misconduct since the time of George Washington.

#impeachment #trump

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nirmalawuniversity · 2 years

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Knowing LLB grads' right career opportunities:

Over the decades, the legal industry in India has undergone significant transformations. Lawyers are really no longer restricted to representing their clients in the judicial system. Today's modern legal professionals work in a wide range of contexts, including enterprises, information technology firms, administration and management, law offices, and large corporations. And due to this demand of lawyers, law has become a great career to pursue and as a result several best law colleges in Gujarat have also come up.

Lawyers in India are also not limited to the legislative, executive, or judicial departments of the government. With constantly evolving legislation, organizations need legal guidance now more than ever to handle changing standards in multiple industries. The world we now live in is remarkable. As a direct consequence of the COVID outbreak, large numbers of people have lost their jobs. Many people are skeptical about what career choice they should choose to secure their achievement in such situations. The necessity for lawyers will not decrease in the foreseeable, as law is one of few disciplines that is in economic downturn.

Given the current circumstances and the results from numerous sectors, attorneys are more needed than ever in a post-COVID-19 world. In the future, effective legal assistance will be necessary due to the recession, healthcare crisis, enforcement reforms, health disparities, and the instability of small businesses. In the coming years, lawyers will be fully occupied.

Nonetheless, India still lacks the necessary attorneys, and the nation will need additional lawyers than before to fulfill all of its post-pandemic obligations. Various chances start opening for students after they complete their law degree, and that these prospects can pay off well. Let us look at the employment options available to students after they complete their LLB degree.

LLB grads' 3 excellent career possibilities:

Lawsuit

Trying to advocate for clients in a court of law is known as litigation. One must complete certain requirements before you can exercise on the court. An LL.B. degree, a 'Certificate of Practice' received after clearing the All India Bar Exam, and participation in the Bar Council of a state wherein one wishes to practice are the criteria. One will become an "advocate" after undergoing this surgery.

Various attributes prove to be helpful as an advocate. Such abilities also include capacity to converse with clients, and also a flare for persuasion (which helps make an impression on the chief Judge), and management and leadership ability.

Firm of Attorneys

Another option for entering the profession of litigation is to join a law firm. A law firm is a company that hires lawyers to defend clients. A law firm may specialize in one area of law or practise in a variety of fields.

It is now usual for law students to intern at a legal firm during their summer holidays, with the firm eventually providing them a pre-placement position (PPO). This is really a win-win situation for all involved because the lawyers hire somebody who is acquainted with the company's processes and objectives, and the graduate gets a job on the spot. In a lawyer's office, one can do research work, editing, and documentation, and they can defend a case in court. To be eligible for the latter, one first needs to be a lawyer.

Judicial assistance

Another legitimate work choice for recent graduates is the judiciary. This requires passing the Judicial Services Assessment in each state and, if selected, working as a Judicial Officer or Judicial Magistrate. The test contains information on the following events, English, procedural and substantive criminal and civil law, property law, agreements, and other areas. Thus, these three are the best career options and to add further, Nirma law college is one among the best llb colleges in Gujarat where you can take admission.

#llb colleges in gujarat #law colleges in gujarat

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bigyack-com · 5 years

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‘There’s a misconception everybody’s citizenship will go away’: Dushyant Chautala - india news

Dushyant Chautala, 31, became Haryana’s deputy chief minister in October last year when his Jannayak Janta Party (JJP) allied with the Bharatiya Janata Party (BJP) after the latter fell short of a simple majority in Haryana. He spoke to Sunetra Choudhury about issues like the contentious Citizenship (Amendment) Act that has triggered protests across the country. Edited excepts:Where is your stand on the CAA? Many, including those in the ruling National Democratic Alliance (NDA) government at the Centre, like Shiromani Akali Dal’s Sukhbir Singh Badal, have said Muslims should not be left out...Leaving out somebody is one thing, but giving citizenship to somebody is another thing. There is a misconception that everybody’s citizenship will go away. Somebody who is a citizen of our nation will not be debarred from citizenship. That was introduced and I was going through parliamentary records and the first meeting on this act was done under the leadership of the then minister Pranab Mukherjee with all these senior advocates of Congress like P Chidambaram... Was not this act started by them?The Congress was talking about refugees but now the act has a clause about various religions and excludes Muslims. That is why the Akalis have said this.... If a country is based on religion, only then will they take on minorities. If I talk about UAE, can an Indian go there and get citizenship? We can’t. Parliament passed this law and you have to ask MPs during the debate, what things were challenged? What amendments were put in? And if a law is passed today, there can be amendments later also... But making it an issue where violence has occurred, I think it’s not the right way to raise your voice.So you are...open to changes?If Prakash Singh Badalji has suggested something, he is a veteran leader. He became a CM in his 30s and today he is 90. I think his viewpoint should be considered. What I have learnt in Parliament, government is always flexible to make changes... During the period of GST coming in, people said GST will destroy everything ... But changes came. I think Mr Jaitley did it very well... Things change when people react to them. But I think you have to mould it with the time and flexibility so that it shouldn’t be a threat to your Constitution.And NRC? Will Haryana be implementing it in the state?I think it will be a decision of the government. Let it come to cabinet, we will discuss and make a policy decision. It is just regularising people...Can you now reveal to us the background of what happened during Haryana government formation? Who called who and made the first move?Everybody was trying to get in touch and Amit Shah ji called, we spoke and we made a decision within the party that, yes, we have to get a stable government. And Congress, having only 31 MLAs, couldn’t give a stable government... Has the fact that you don’t have your common minimum programme out show that you are facing challenges? We have taken multiple steps on the CMP and there are things that sometimes we need to discuss and CM and I sit together... to discuss issues. Which is the most debatable issue?I can’t quote that in an interview but there are things. There are problems of division of land we are facing in Haryana and cases that are pending for years...But has keeping your flock together been a problem? One of your MLAs went public with his grievance.People have grievances... If my colleague expresses, we will try to figure out a way to get those things resolved. What about the differences between the home minister( Anil Vij) and the CM (Khattar) ?I don’t think there should be a talk in public every day on department allocation. CID is part of the home ministry but when Chaudhary Devi Lal was the CM, he gave the home department to someone else and kept the CID with him...However, you went into polls criticising the BJP. So is it a bit embarrassing sitting with Khattar after a bitter campaign?Campaign is a part of your movement... Sitting with Manoharji is a learning experience. His experience of five years in the government helps. I think there are some things that as a young person, I can put in such as in the last cabinet meeting, we decided that Hindi has to be a part of all the subordinate judiciary orders. It was never done. We got it done ... Read the full article

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christineamccalla · 5 years

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McCALLA, CHRISTINE ANN, NORTHCENTRAL UNIVERSITY STUDENT ADVISORY COUNCIL APPLICATION (WITHDRAWN): A DEFINED FUTURE OF A BUSINESS SCHOLAR, BY MCCALLA, CHRISTINE ANN, MBA, MS, CBME, CAHR, CBDE, CTW, CPA

See Link,

https://docs.google.com/document/d/1-Kcpq_adZO_dCNdHrRua3iFvXjWFwZ_aMBZm3CTunck/edit?usp=sharing

McCALLA, CHRISTINE ANN, NORTHCENTRAL UNIVERSITY SAC APPLICATION, OCTOBER 2, 2018

PROPRIETARY PRODUCT

What knowledge and skills do students expect from Business programs in the 21st century?

Given the conflicts students engage in including that of grading, evaluation, and reviews, this is not an objective that should be presented to them. An education is a far-reaching and valuable commodity that is determined by the government and its related agencies, Department of Education, Department of the Treasuries and the Internal Revenue Service, Department of Labor, Department of Commerce, and the Flag, Seat, and Seal of the government. Furthermore, these governments, et al are governed by statutes, laws, regulations, and treaties such as those Cornell Law School, U.S. Code: Table of Contents by Title and Code of Federal Regulations. Also impacted are the statutes and laws foreign relations and intercourse, money and finance, bankruptcy, uniform commercial code / UCC and code of federal regulations, impacting the nations ability to produce internationally and competitively through its fiscal and monetary policies.

Education being a fiscal policy is a high priority government issue and policy-based instrument Espinosa (1991) stylized and described as a fiscal policy, in which the government decides its level of expenditures to be financed domestically by deciding on the amounts in expenditures financed by taxes and debts of Treasury bills and bonds along with the relative proportions. Furthermore, Espinosa’s (1991) definition of deficits are government expenditures minus taxes, with the deficit determining the amount of bonds to be issued. If the government issue bonds to finance its expenditures, private savers increase savings in anticipation of higher future taxes levied to repay bonds which hypothetically can be rechanneled into purchasing new bonds resulting in a government financing scheme affecting the timing of savings, (Espinosa, 1991).

Education as a monetary policy results in Espinosa’s (1991) changes in the composition of the government’s portfolio of assets and liabilities. In this case, intellectual property rights are converted into knowledge management and creation products as determined and applied by government statutes and laws, Cornell Law School’s US Code title 17 - copyrights, title 35 - patents, title 40 - public buildings, property, and works, title 41 - public contracts, title 43 - public lands, title 44 - public printing and documents, and, title 20 - education.

The impact to this model is Espinosa’s (1991) monetary policy being identified with open market operations with the numerous modeling consisting of currency and government bonds, benchmarking market conditions, government’s affordability in raising taxes, and capital markets operating efficienctly given the competitiveness of borrowing and lending by commercial banks. Espinosa’s (1991) discussion of the Monetary Contol Act of 1980 which gives the Federal Reserve System (applicable statutes include Cornell Law School U.S. Code: Title 12 - Banks and Banking, Chapter 3 - Federal Reserve System, §§ 221 to 522) responsibility for establishing required reserve ratios (monetary policy instrument role) for a broad range of transaction deposits issued by all depository institutions. Resultingly, the government investment in education could be considered Espinosa’s (1991) monetary policy instrument with real value of the revenues obtained by the government obtained from currency seignorage, currency growth with the open market policy sustainable to inflation as well as changes in the economic cycle.

Fig 1 - McCalla's (2018) systems framework of Cusins (1994) basic conceptual framework of a system and Espinosa’s (1991) fiscsal and monetary policy

Cusins’ (1994) basic conceptual framework of a system (fig 2) is applicable in the discussion of Espinosa’s (1991) fiscal and monetary policies creating a sustainable and competitive economic plan with the production of education (innovation, knowledge management and creation) as a major source of investment, returning economic stability and economic and federal reserve systems growth and development, resulting in an active and growing economy while compliant with the United States judicial and judiciary systems through the application of Cornell Law School’s US Code: title 17 - copyrights, title 35 - patents, title 40 - public buildings, property, and works, title 41 - public contracts, title 43 - public lands, title 44 - public printing and documents, and, title 20 - education.

Fig 2 - Cusins’ (1994) Basic conceptual framework of a system

The discussion of education as a system is depicted in fig 1 - McCalla's (2018) systems framework of Cusins (1994) basic conceptual framework of a system and Espinosa’s (1991) fiscsal and monetary policy. Additionally, fig 3 discusses Cusins’ (1994) effect on user systems of product and waste in which if the output is satisfactory (an educated population), the larger system remains intact and functioning with the United States as having an active and growing economy now applying Title 13 - Census in which the United States economy can be competitive internationally applying statute United Nations Convention on International Sale of Goods and Services. Without McCalla’s (2018) framework in place or a similar framework, Cusins’ (1994) output performing dissatisfactorily to the user system (fig 3) results in, (a) an impaired user system, or (b) waste damaging other systems including federal reserve systems, funding to Department of Education, deficiencies with the Department of the Treasuries including the Internal Revenue Service, and opportunities foregone including reputable economy / performer, contracts, grants, revenues, and underperforming intellectual property developments.

Fig 3 - Cusins’ (1994) Effect on user systems of product and waste

The knowledge and skills students should expect from Business programs in the 21st century must be determined at the government administration level given its dependence on continuity of enterprising to create Espinosa’s (1991) sustainable fiscal and monetary policy.

What knowledge and skills do employers expect students graduating from Business programs to have?

Students are expected to have performance management skills, resourcefulness, and enthusiasm. Ramos-Villarreal and Holland (2011) discussed the knowledge and skills employers expect from students graduating from colleges to have as, (1) rapid ability to solve complex problems; (2) leadership preparation development inclusive of the curricula; and, (3) effective leaders with enhanced problem solving skills. Ramos-Villarreal and Holland (2011) also presented academic development of the cognitive and emotional as a requirement of academia, to better meet the demands and challenges of today’s education system as well as produce academic curricula producing healthy, responsible, and, productive students.

Another skill expected by employers of scholars is Hall and Burns (2009) mentoring in which the scholar is expected to garner social, cultural, and intellectual opportunities inclusive of diversity, wherein the scholar though possibly new to the professional environment appreciates norms and mores operationally where constructive criticism and extra assignments are apportunities for growth. Hall and Burns’ (2009) align student ambition with matriculation and pedagogical transfers wherein power relations, equity, and agencies are addressed and managed through policies, norms, and mores. One application of this design is the dynamics exhibited within Northcentral University’s (2018) community forums. As a scholar and participant of the forums, it is reasonable and foreseeable to expect the personalities displayed within the forums to be applied within the professional environment.

Northcentral University (2018) navigates Hall and Burns’ (2009) alignment model through its substantial accredition prominence (below) and its publicly and prominently displayed policies available on its website and in its regularly faculty/staff reviewed student catalog available in student portals. The observations of regularly faculty/staff reviewed policies are applied from the observation of, (a) Academic & University Policies NCU Catalog - October 2018 dated as such on October 1, 2018, (b) Northcentral University’s Center for Teaching and Learning, Differentiating the Research (Ph.D.) and Applied Doctoral Degrees dated Revised 12.1.2017; and, (c) Northcentral University’s Center for Teaching and Learning, Developing the Quantitative Research Design Revised 03.05.2018.

This dynamic ensures students understand and differentiate between proprietory information (student portals only) versus publicly available data on the website accomplishing the measures of Hall and Burns’ (2009) power relations (authority must be granted to access proprietory information); equity (an active student and a prospect are not measured as equals); and, agency (the University distinguishes between itself as an institution of higher learning from the discipline and vocation that is academia).

Hall and Burns’ (2009) discussion also included the disadvantage identities can bring, in which the students accept identities they believe will benefit them most within a particular context and reject those that will not, creating conflicts displayed in character traits as lacking Ahmad and Pesch’s (2017) employer required skills demanded as important, honesty / integrity, strong work ethic, interpersonal skills (relates well to others), and, professionalism / etiquette. Northcentral University (2018) again navigates Hall and Burns’ (2009) identity modeling through the prominent placement of its policies on its website, within its catalog, and in the interaction between faculty/staff. An example of this modeling is a students attempt to delay enrollment through vehement resistance, with the student enrollment advisor or financial services response directing the student to review the applicable policies with directions of accessibility.

In the navigation between transitioning between roles acquired as scholars due to the progression in and of the curricula, Hall and Burns’ (2009) transitioning in roles due to the acquisition of new skillset and knowledge expansion due to scholarship is modeled. Case in point, analyze and evaluate the presentation of theory and models between the University’s colleges of undergraduate and doctoral studies. The differences should be incomparable due to Hall and Burns’ (2009) identity modeling, role assumption, conceptualization, and application of intellectual property capital. The basis of the differences lie within the curricula in which intellectual capital developed and earned in undergraduate studies are applied and commercialized in doctoral studies (Pazaki and Muller, 2012), as well as Hall and Burns’ (2009) identity modeling. A possible application, is the intimidation factor doctoral scholars wield in their identity as such in when they navigate competitive landscapes as being executive, capable of individually developing conceptual frameworks and solving industry problems due to the level of exposures to curricula developing these skills, (Maguire, Revilla, and Diaz, 2013; Bohler, et al, 2017; Ramos-Villarreal and Holland, 2011).

This also includes and satisfies Maguire, et al’s (2013) aim of the Doctor of Business Administration’s manager as being armed with reflective and analytical skills enabling them to excel within their professional environment, through the expectation of application and optimization of practice-based approach to applied knowledge designed to solve problems that arise within organisations (executive leadership). Additionally, Northcentral University’s (2018) applied curricula Doctor of Business Administration, Management of Engineering and Technology program is one such application of Hall and Burns’ (2009) identity modeling, role assumption, conceptualization, and application of intellectual property capital, and realization of Maguire, et al’s (2013) excellence in excutive management. In doing so, Northcentral University’s (2018) matriculation and pedagogical designs and methodology have met the metrics, critical success factors, and outcomes required in providing knowledge and skills employers expect students graduating from Business programs to have.

What experiences, inside and outside the classroom, can we offer in order to help students to succeed?

Northcentral University (2018) should offer experiences facilitating professionalism, collaboration, teamwork, and, conflict management. Ramos-Villarreal and Holland (2011) argued the validity of academia and its related contribution with, University faculty often complates scholarly preparation as adequate due to the necessity for scholars to solve problems practically, analytically, and creatively, to perform well in their careers (Bohler, Krishnamoorthy, and Larson, 2017). Ramos-Villarreal and Holland (2011) also discussed that students take positive steps in the direction of becoming effective leaders when they become aware of their leadership skills through personal assessment, identifying their core areas, understanding that things change and recognizing the importance of leadership in their academic and career fields (Bohler, et al, 2017).

Ahmad and Pesch (2017) discussed skills employers demanded as important, honesty / integrity, strong work ethic, interpersonal skills (relates well to others), professionalism / etiquette, developing creative solutions, and, thinking analytically. Additionally, Ahmad and Pesch (2017) also argued that results suggest that both undergraduate students and MBA students should be aware that flexibility/adaptability and detail-oriented skills are required. From a judicial, judiciary, legislative, and, statutory standpoint, Northcentral University (2018) is a regionally and internationally accredited institution holding, regional accreditation: WASC Senior College and University Commission; Council on Higher Education Accreditation (CHEA); Accreditation Council for Business Schools and Programs (ACBSP); Commission on Accreditation for Marriage and Family Therapy Education (COAMFTE); and, International Accreditation Commission for Systemic Therapy Education (IACSTE).

As a result of these accomplishments, Northcentral University (2018) has demonstrated, (1) as an institution, it is aware, appreciative of, and promotes, education as a valuable commodity traded on an national and international level extending to that of the judicial (Pazaki and Muller, 2012); (2) capable of demonstrating, recognizing, and participating in Espinosa’s (1991) sustainable fiscal and monetary policy modeling and dynamics; (3) accomplished in applying systems thinking theories, models, dynamics, and principles as dictated in its Doctor of Business Administration, Management of Engineering and Technology program. Figs 1, 2, and 3 are principles, dynamics, and theories of complex systems (Cusins, 1994), in which there were management of complex systems through the navigation of environments converting inputs through transformation processes into outputs, while recognizing, planning, and monitoring its intellectual model as being similar to fig 3 - Cusins’ (1994) Effect on user systems of product and waste wherein the quality of the output as a metric must be measured as a satisfactory output to keep the larger system intact and functional. The larger system is Northcentral University’s (2018) accreditation, prominently displayed on its website.

This translates to the quality of Northcentral University’s (2018) matriculation and pedagogical designs and methodologies being accredited resulting in preparing its scholars for opportunities while meeting the employers’ expectations, (Ramos-Villarreal and Holland, 2011; Bohler, et al, 2017; Cusins, 1994; Ahmad and Pesch, 2017). In addition to systems thinking applications, Northcentral University (2018) applies Pazaki and Muller’s (2012) educators defining their profession and pedagogies in terms of the cultures of consumerism and commercialism addressing students’ consumerist attitudes having a potentially negative impact on their willingness to become actively engaged and interculturally competent citizens. As a result of Northcentral University’s (2018) accomplished ambitions in acquiring such prominent accreditations, it is highly unlikely for the University’s citizens (students’ consumerist) to lose Pazaki and Muller’s (2012) public voice, market liberties, civic freedoms, resulting in a society becoming increasingly dependent on “consumers to do the work of citizens”. As a result, Northcentral University’s (2018) matriculation and pedagogical designs and methodologies are appropriate, relevant, and applicable to the experiences demanded to create successful scholars.

What strengths or past experiences would you bring to the committee?

Strengths this applicant presents as a candidate are cohesion, project management, and navigational abilities, as well as critical thinking skills, excellent communication skills, relationship management and development, commitment utilization and optimization including application of objectives, exaction and insistence upon loyalty from an organizational attribute applicable to matters including accountability and responsibility, (Ramos-Villarreal and Holland, 2011). Furthermore, this applicant recognizes the attribute of professionalism from Ramos-Villarreal and Holland’s (2011) discussion in which individuals who know, understand, and recognize personal excellence skills focus on their competencies and continue to increase their leadership (Maguire, et al, 2013). Statutory and judicial definition of leadership is also applicable to this applicant wherein the Code of Federal Regulation (CFR) CFR Title 45, Chapter A, Subchapter B, Part 155, Subpart C, Section 155.227, 45 CFR 155.227(2) - Authorized representatives defined as, designation of an authorized representative must be in a written document signed by the applicant or enrollee, or through another legally binding format subject to applicable authentication and data security standards. If submitted, legal documentation of authority to act on behalf of an applicant or enrollee under State law, such as a court order establishing legal guardianship or a power of attorney, shall serve in the place of the applicant's or enrollee's signature.

The need for the aptitude and dynamic recognizing and acknowledging the granted level authority is also discussed by Bohler, et al (2017) in, employers in all industry sectors have found significant value in analyzing both separate and combined data streams with reports of data improprieties, privacy breaches, and identity theft continuing to plague modern society, as well as the expectation that institutions of higher learning are developing relevant degree programs that meet the challenges and opportunities presented by "big data”. This argument is a variant of Hall and Burns’ (2009) power relations, equity, agency, and identity modelling being applied. As executive leadership (Maguire, et al, 2013), this participant is capable of exerting statute 2015 Tennessee Code, Title 1 - Code And Statutes, Chapter 3 - Construction of Statutes § 1-3-119, Express language required to create or confer a private right of action, through attributes credential and character. Northcentral University (2018) has responded brilliantly in and through administration of its doctoral programs, which in this participant’s case is the Doctor of Business Administration, Management of Engineering and Technology program.

Ramos-Villarreal and Holland (2011) describe the skillset appropriate to committees as personal excellence (development of the self in which individual recognize behaviors that leads to successful outcomes developing talents and gifts to the fullest, navigational abilities); emotional intelligence (personal excellence connecting the process of building quality from within the individual with the lived experience each individual has in their life, project management); emotional intelligence leadership modelling (individuals with high emotional intelligence skills and high levels of reflective skills develop appropriate leadership behavioral skills favored by colleages, subordinates, and the organization as a whole, cohesion).

There is the advantage of education (credential and certifications) preparing this applicant for Ramos-Villarreal and Holland’s (2011) demand for today’s leaders to, (1) be super leaders focusing on unleashing hidden leadership present in their followers and reinforcing the aptitudes with rewards and motivations to accomplish the relevant goals and objectives; (2) be competitively placed to identify and navigate opportunities present and available within the competitive landscape (Bohler, et al, 2017); and, (3) given possible changes within the structural organizational environment including budget cuts, economic declines, and layoffs, this applicant is experienced and professional enough to mediate and navigate within the environment through the appication of skills relevant to prevent going concerns.

This applicant skills and credentials including Doctor of Business Administration, Management of Engineering and Technology (actively in progress) 21 credit hours with 3.81 CGPA; Master of Science, Financial Management and Information Systems; Master of Business Administration; Bachelor of Science, Accounting; Certified Business Management Expert (CBME); Certified Associate Human Resources (CAHR); Certified Business Development Expert (CBDE); Certified Technical Writer (CTW); and, licensed Certified Public Accountant designatd Certified Public Bookkeeper (CPB). These verifiable credentials are an asset to any enterprise through employment or contract opportunities, (Bohler, et al, 2017), and can make a substantial contribution to any committee or enterprise.

Ahmad, S., & Pesch, M. (2017). Essential work skills and readiness: perceptions of employers, MBA students and undergraduates. Academy of Educational Leadership Journal, 21(1), 1-10. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1987370846?accountid=28180

Bohler, J., Krishnamoorthy, A., & Larson, B. (2017). The financial and non-financial aspects of developing a data-driven decision-making mindset in an undergraduate business curriculum. The e - Journal of Business Education & Scholarship of Teaching, 11(1), 85-96. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1920221930?accountid=28180

Cornell Law School. (nd). U.S. Code: Table of Contents. Retrieved from https://www.law.cornell.edu/uscode/text/

Cornell Law School. (nd). Authorized representatives. Retrieved from https://www.law.cornell.edu/cfr/text/45/155.227

Cusins, P. (1994). Understanding quality through systems thinking. The TQM Magazine, 6(5), 19. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/227631068?accountid=28180

Deacon, A. (2012). Creating a context of care in the online classroom. The Journal of Faculty Development, 26(1), 5-12. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1095482818?accountid=28180

Espinosa, M. (1991). Are all monetary policy instruments created equal? Economic Review - Federal Reserve Bank of Atlanta, 76(5), 14. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/200404111?accountid=28180

Hall, L. A., & Burns, L. D. (2009). Identity development and mentoring in doctoral education. Harvard Educational Review, 79(1), 49-70,166-167. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/212307018?accountid=28180

JUSTIA US Law. (nd). 2015 Tennessee Code Title 1 - Code And Statutes Chapter 3 - Construction of Statutes § 1-3-119 - Express language required to create or confer a private right of action. Retrieved from https://law.justia.com/codes/tennessee/2015/title-1/chapter-3/section-1-3-119

Maguire, L., Revilla, E., & Diaz, A. (2013). PhDs & DBAs: Two sides of the same coin?. Global Focus: The EFMD Business Magazine, 7(3), 32-35

McIntyre, C. (2012). Qualitative client-based research: Tools for planning. Planning for Higher Education, 40(4), 13-22. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1272106401?accountid=28180

Nichols-Casbolt, A., Figueira-McDonough, J., & Netting, F. E. (2000). Change stractegies for integrating women's knowledge into social work curricula. Journal of Social Work Education, 36(1), 65. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/209781282?accountid=28180

Northcentral University. (2018). Accreditations. Retrieved from https://www.ncu.edu/accreditations

Pazaki, S. H., & Muller, R. (2012). Addressing student disengagement in a socially and culturally diverse society: Developing 'sociological inquiry' as a new course. Making Connections, 13(2), 54-63. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/1231227770?accountid=28180

Ramos-Villarreal, J., & Holland, G. (2011). University students' development of emotional intelligence skills for leadership. American Journal of Business Education, 4(3), 47-54. Retrieved from http://search.proquest.com.proxy1.ncu.edu/docview/862155034?accountid=28180

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plusorminuscongress · 5 years

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New story in Politics from Time: John Paul Stevens on the Worst Decision of His 34 Years on the Supreme Court

John Paul Stevens turned 99 years old in April, but the former Supreme Court justice isn’t stepping back from the public eye just yet.

In his new memoir The Making of a Justice: Reflections on My First 94 Years, which comes out Tuesday and runs more than 500 pages, Stevens writes about matters both personal and political. He recounts tales ranging from his Navy service during World War II to throwing out a first pitch for his beloved Chicago Cubs to his desperate efforts to stop the Supreme Court from recognizing an individual right to bear arms in 2008’s landmark District of Columbia v. Heller decision, which he called the court’s gravest error in his 34 years on the bench.

“The tragedies are multiplying one after another,” Stevens told TIME, referencing recent mass shootings.

Stevens spoke to TIME by phone in May. Below is a transcript of the interview, which has been lightly edited and condensed for clarity.

TIME: You believe that District of Columbia v. Heller, which held that the Second Amendment protected an individual’s right to bear arms — and from which you dissented — was the worst decision the court made during your tenure. Why is that?

Stevens: It’s quite wrong on the merits. But beyond that, it seemed to me quite outrageous to depart from a settled rule of law. As history has demonstrated in recent years, the tragedies are multiplying one after another. And the decision of the court in Heller has contributed to that.

Are there any decisions you personally regret?

One of the death-penalty cases in my first year on the court. We should have put [the statute in that case] in the group of mandatory death-penalty statues that we held unconstitutional. So, I think I got that wrong.

You write in your memoir that when you arrived in Washington in 1951, “the members of the two parties respected one another and cooperated.” Is something broken in Washington today?

It’s much more adversarial. I think maybe the people in elected positions are more interested in preserving their jobs than in doing the best job possible.

You claim that the introduction of television had an impact on the confirmation process. How so?

My hearings were not televised, and on the first morning, five minutes after I’d been introduced, they started asking questions. Now the first day is consumed by statements by the Senators about how important the hearings are.

Should oral arguments at the Supreme Court be televised?

That’s a very difficult question, and I have been close to both sides of it. But I still think the procedure works more effectively without television.

You write that Clarence Thomas’ views on the Constitution were more important to you during his hearings than the controversy over Anita Hill’s allegations of sexual misconduct. Do you feel the same way about Brett Kavanaugh and Christine Blasey Ford?

I think in both cases, the quality of their judicial work is far more important than the other issues.

In the book you write that when the Supreme Court unanimously decided in 1974 that President Nixon’s executive privilege claim didn’t protect him from turning over his White House tapes, it was the high point in the nation’s respect for its independent judiciary. Do you think that independence, or at least the public perception of it, has been eroded under President Trump?

I don’t know particularly by President Trump, but I do think that was the high point, which means that nothing has happened since then that equals the importance of that particular case.

What do you think of the idea bouncing around in the 2020 Democratic primary to expand the Supreme Court?

I’m not in favor. I think in the long run, the number nine is correct.

You used to have your pilot’s license and wrote that you’d always wished you’d flown President Ford.

I still have the license. I guess I quit sometime before I retired. I really think if I had the guts to ask him, he might have accepted.

You joke that throwing out a first pitch at a Cubs game in 2005 was the high point of your career. How do you think the Cubs are looking this season?

They’re not as good as their potential. But they’ll come back.

You had an agreement with Justice David Souter that he would let you know honestly when you had declined mentally and should retire. Should Supreme Court Justices have term limits?

No. I’ve always thought they’re able to work it out for themselves.

If you had served three more days, you would have tied Justice Stephen Johnson Field’s record for the second-longest serving Justice. Do you wish you’d stayed on?

No, it’s not a particularly interesting achievement. And, Justice Field stopped working full-time a couple months before he retired, so maybe I should be put in second place.

What advice do you have for the newest justices Kavanaugh and Neil Gorsuch, who are just starting out their Supreme Court careers?

I think they should do their very best to understand the arguments on both sides, and just do the job they had done well as Court of Appeals judges, and I think they’ll get along OK.

This book took you years to write. What are you looking forward to doing now that it’s finally out?

I do a lot of reading and have a number of things to do that keep me busy.

Have you read any good books recently?

Yes, I’ve read [John] Kerry’s autobiography, and the book about Justice O’Connor, and Mrs. Obama’s book, which is a wonderful book. There continue to be good books to read and I continue to try to find the best.

The memoir was partly inspired by the big party your wife threw you to celebrate your 94th birthday. How do you want to celebrate your 100th?

I better wait and see. I’ll face that question when it’s a little closer.

By Tessa Berenson on May 13, 2019 at 02:02PM

#Time #politics #PlusOrMinusCongress #±Congress #Indega±#IndegaPlusOrMinus #TimeMag #TimeMagazine

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justsomeantifas · 8 years

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Here’s your dose of “What the Fuck Is Going On” news (March 4th, 2017 Edition)

Trump went on a series of rants in the early morning on a number of different topics:

Yesterday and today he posted images on his Twitter of politicians meeting with Russian officials, politicians who have demanded the Trump-Russia probe. For example, he posted an old picture of Sen. Chuck Schumer and Putin and captioned it "We should start an immediate investigation into @SenSchumer and his ties to Russia and Putin. A total hypocrite!" Trump is clearly missing the point that the issue with people like Attorney General Jeff Sessions is that they lied about their contact with Russia in court. (source)

Trump also tweeted that Obama has met with the Russian ambassador while serving as President, which again is not the issue here and is very clearly an attempt to distract from the recent news. (source)

He continued ranting about Obama for a number of tweets claiming that he knows Obama had his wire tapped and had Trump Tower tapped. Trump cited no proof to this accusation, which would be a crime, and he appears to be parroting a Breitbart article from yesterday. (source) (source) (source) (source)

Trump then ended his ranting by going after Arnold Schwarzenegger for quitting The Apprentice, a show Trump once hosted, and said he had "bad (pathetic ratings." (source)

Trump spoke to a room full of Republican donors yesterday night and told them that they need to focus their attention to those whose Senate seats are up in 2018. He told the donors "to step up and overwhelm them," with campaign money to win the seats up for grabs. (source)

The Trump administration is seeking major cuts to the National Oceanic and Atmospheric Administration (NOAA), one of the government’s climate science agencies. According to a budget memo, the White House will attempt to cut the agency's funding by 17 percent. That would take away $126 million in research funding and $513 million from its satellite division, it will also affect academic programs. (source)

The Office of Government Ethics has cleared Trump's pick to head the Securities and Exchange Commission, Jay Clayton. This now clears the path for Clayton to start confirmation hearings. Clayton is a Wall Street lawyer who worked on corporate mergers and acquisitions, he's one of the few picks who made it through fast clearance as most of Trump's picks are riddled with concerns over business ties and conflicts. (source)

After Attorney General Jeff Sessions recused himself from investigations into Russia, Trump was reported to be extremely angry over the decision. After the news on Sessions broke, Trump was quick to defend his Attorney General and told the press he did nothing wrong. (source)

California has filed a Freedom of Information request to learn what federal immigration authorities are doing in their state. The request is asking for “information about recent Department of Homeland Security policies and Immigration and Customs Enforcement activities.” (source)

On Monday (3/6/2017) Attorney General Jeff Sessions will answer questions about his meetings with Russia's U.S. Ambassador. It was requested that the chairman of the Senate Judiciary Committee, Chuck Grassley, call Sessions before the committee to answer questions regarding his lies. However, Grassley is refusing to hold a meeting and said that Sessions can submit his responses in written form. (source)

Fox News anchor Heather Nauert has been hired as spokeswoman for the State Department. Nauert works on the morning “Fox & Friends” program which has been a noted favorite of Trumps, especially given their frequent praise for him. Even when Trump blasts the “fake news” he speaks out in favor of the Fox show, who have been shamelessly kissing Trump's ass because they know he watches them. (source)

Trump will be spending another expensive weekend at his Mar-a-Lago resort in Florida. This time, Attorney General Jeff Sessions is set to attend a dinner with Trump and other White House officials. The dinner meeting will be tonight, Commerce Secretary Wilbur Ross, Homeland Security Secretary John Kelly, White House chief strategist Stephen Bannon, White House counsel Don McGahn and senior advisor Stephen Miller will also be in attendance. (source)

It's now expected that Trump will sign a new executive order on immigration and travel into the U.S on Monday (3/6). The new order will be similar to the one rolled out that imposed a ban on nationals from seven predominantly Muslim countries, however it's been reported that Iraq will no longer be covered under this order. Trump was going to sign the order this past week but pushed it back after he received positive coverage over his address to Congress. (source)

Oklahoma state Rep. John Bennett handed out a questionnaire to Muslims, including high school students, who requested to meet with the lawmaker for Muslim Day at the Capitol. They were asked questions like “Do you beat your wife?” “Mohammed was a killer of pagans, Christians and Jews that did not agree with him. Do you agree with this example?" and if they support terror groups. The questionnaire was crafted by ACT For America, a noted anti-Muslim hate group in the U.S. This isn't the first time Rep. Bennett has expressed his Islamophobia, he's also stated in that past that he believes Muslims are "a cancer," and that "Islam is not even a religion." Bennett didn’t end up meeting with those who came to visit him. (source)

#donald trump #politics #environmentalism #political corruption #immigration #refugees #travel ban #abuse #domestic abuse #domestic violence #Islamophobia #anti-semitism #What the Fuck is Going On News #Mod H

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stopkingobama · 7 years

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President Donald J. Trump Announces Judicial Candidate Nominations

Image: CC0

Below is the official White House press release announcing President Donald Trump’s most recent picks for Federal judiciary appointments. Who are you most excited to see nominated? – Ed.

—

President Donald J. Trump today announced his third wave of Federal judicial appointments. These appointments follow the successful nomination and confirmation of Justice Neil M. Gorsuch to the Supreme Court of the United States and the nomination of Judge Amul R. Thapar of Kentucky to serve as a Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit. Specifically, the President today announced his nomination of these individuals to the following Federal judgeships.

If confirmed, Amy Coney Barrett of Indiana will serve as a Circuit Judge on the U.S. Court of Appeals for the Seventh Circuit. Amy Coney Barrett currently serves as the Diane and M.O. Miller II Research Professor of Law at the Notre Dame University Law School. Professor Barrett teaches and researches in the areas of federal courts, constitutional law, and statutory interpretation—publishing scholarship in leading legal journals, such as the Columbia, Virginia, and Texas Law Reviews. Before joining the Notre Dame faculty, Professor Barrett clerked for Associate Justice Antonin Scalia of the Supreme Court of the United States and for Judge Laurence H. Silberman of the U.S. Court of Appeals for the D.C. Circuit. Following her clerkships, as an associate at Miller, Cassidy, Larroca & Lewin in Washington, D.C., she litigated constitutional, criminal, and commercial cases in both trial and appellate courts. Professor Barrett has also served as a visiting associate professor and John M. Olin Fellow in Law at the George Washington University Law School, and as a visiting associate professor of law at the University of Virginia. Professor Barrett received her B.A. in English literature, magna cum laude, from Rhodes College, and her J.D., summa cum laude, from the Notre Dame University Law School, where she served as Executive Editor of the Notre Dame Law Review.

If confirmed, John K. Bush of Kentucky will serve as a Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit. John Bush is currently a partner in the Louisville office of Bingham Greenebaum Doll LLP and is Co-Chair of the firm’s Litigation Department. Mr. Bush practices in complex litigation, including antitrust, securities, financial institutions, insurance, intellectual property, and product liability disputes. He has extensive litigation experience in state and Federal courts in many jurisdictions and in arbitration proceedings. Before joining Bingham Greenebaum Doll LLP, Mr. Bush practiced law at Gibson, Dunn and Crutcher LLP in Washington, D.C. Earlier in his career, Mr. Bush clerked for Judge J. Smith Henley of the U.S. Court of Appeals for the Eighth Circuit. Mr. Bush received his B.A., summa cum laude, from Vanderbilt University and his J.D., cum laude, from Harvard Law School.

If confirmed, Joan L. Larsen of Michigan will serve as a Circuit Judge on the U.S. Court of Appeals for the Sixth Circuit. Justice Joan Larsen currently serves as the 111th Justice of the Michigan Supreme Court. Justice Larsen was appointed to the Court in 2015, and was then elected to that Court by the people of Michigan in 2016—winning every county in the state. Before assuming office, Justice Larsen served on the faculty of the University of Michigan Law School, where she was also special counsel to the Dean. An award-winning legal scholar, Justice Larsen taught for more than a decade at the University of Michigan, where she received the L. Hart Wright Award for Excellence in Teaching. Before joining the University of Michigan faculty, Justice Larsen clerked for Associate Justice Antonin Scalia of the Supreme Court of the United States and for Judge David B. Sentelle of the U.S. Court of Appeals for the D.C. Circuit. Justice Larsen received her B.A. from the University of Northern Iowa and her J.D. from Northwestern University Law School, from which she graduated first in her class and where she served as an Articles Editor on the Northwestern University Law Review.

If confirmed, Kevin C. Newsom of Alabama will serve as a Circuit Judge on the U.S. Court of Appeals for the Eleventh Circuit. Mr. Newsom is currently the chair of the appellate group at Bradley Arant Boult Cummings, resident in the firm’s Birmingham office. Before joining Bradley, Mr. Newsom served as the Solicitor General of Alabama, where he directed the State’s litigation before the Supreme Court of the United States, the United States Courts of Appeals, and the Alabama Supreme Court. Mr. Newsom has argued four cases in the Supreme Court of the United States and has argued more than 35 cases in the United States Courts of Appeals for the Second, Third, Fourth, Fifth, Sixth, Seventh, Tenth, and Eleventh, and D.C. Circuits, as well as in state supreme and appellate courts and a Native American tribal appellate court. In addition to this service, Chief Justice John Roberts has twice appointed Mr. Newsom to the Advisory Committee on Appellate Rules, which advises the Judicial Conference of the United States concerning amendments and improvements in the Federal Rules of Appellate Procedure. Earlier in his career, Mr. Newsom clerked for Associate Justice David Souter of the Supreme Court of the United States and for Judge Diarmuid O’Scannlain of the U.S. Court of Appeals for the Ninth Circuit. Mr. Newsom received his B.A., summa cum laude, from Samford University, and his J.D., magna cum laude, from Harvard Law School, where he served as an Articles Editor on the Harvard Law Review.

If confirmed, David R. Stras will serve as a Circuit Judge on the U.S. Court of Appeals for the Eighth Circuit. Justice David Stras currently serves as a Justice on the Minnesota Supreme Court. Justice Stras was appointed to the Court in 2010. Before his appointment to the Minnesota Supreme Court, Justice Stras was a professor at the University of Minnesota Law School, while also serving as counsel at the Minneapolis law firm of Faegre & Benson. Earlier in his career, Justice Stras clerked for Associate Justice Clarence Thomas of the Supreme Court of the United States, Judge J. Michael Luttig of the United States Court of Appeals for the Fourth Circuit, and for Judge Melvin Brunetti of the United States Court of Appeals for the Ninth Circuit. Justice Stras received his B.A. with highest distinction from the University of Kansas, his M.B.A. from the University of Kansas, and his J.D. from the University of Kansas School of Law, where he served as editor-in-chief of the Criminal Procedure Edition of the Kansas Law Review.

If confirmed, David C. Nye of Idaho will serve as a District Judge on the U.S. District Court for the District of Idaho. Judge David C. Nye currently serves as an Idaho trial court judge in Pocatello, Idaho. Judge Nye was appointed to the state trial court in 2007 and was reelected by the people of Idaho to that position in 2010 and 2014. Previously, Judge Nye was a partner at Merrill & Merrill, Chartered, in Pocatello, Idaho. Judge Nye received his B.A. and his J.D. from Brigham Young University.

If confirmed, Scott L. Palk of Oklahoma will serve as a District Judge on the U.S. District Court for the Western District of Oklahoma. Scott Palk currently serves as the Assistant Dean for Students and Assistant General Counsel at the University of Oklahoma College of Law in Norman, Oklahoma—a position he has held since 2011. Mr. Palk took this position after 19 years of public service as a state and Federal prosecutor, where he worked on death penalty, organized crime, and terrorism cases. Mr. Palk earned his undergraduate degree in Business Administration from Oklahoma State University and his J.D. from the University of Oklahoma College of Law.

If confirmed, Damien M. Schiff of California will serve as a Judge on the U.S. Court of Federal Claims. Damien Schiff is currently a Senior Attorney at the Pacific Legal Foundation, a non-profit legal organization based in Sacramento, California. Mr. Schiff has extensive experience litigating cases concerning a variety of Federal and state environmental and land-use issues, including Sackett v. U.S. Environmental Protection Agency, a groundbreaking decision in which the United States Supreme Court upheld the right of landowners to challenge Clean Water Act compliance orders issued by the Environmental Protection Agency. Earlier in his career, Mr. Schiff clerked for Judge Victor J. Wolski of the U.S. Court of Federal Claims. Mr. Schiff received his B.A., magna cum laude, from Georgetown and his J.D., magna cum laude, from the University of San Diego School of Law in 2004.

President Donald J. Trump Announces Intent to Nominate Judicial Candidates

The President today announced his intent to nominate of these individuals to the following Federal judgeships.

If confirmed, Dabney L. Friedrich of Washington, D.C., will serve as a District Judge on the U.S. District Court for the District of Columbia. Dabney Friedrich has a lengthy career of distinguished public service. Most recently, Ms. Friedrich served as a Commissioner on the United States Sentencing Commission, where she established sentencing policies and practices for the Federal criminal justice system by promulgating guidelines for congressional review and recommending changes in criminal statutes. Prior to that service, Ms. Friedrich served as an Associate Counsel to the President during the George W. Bush Administration, as Chief Crime Counsel to Senator Orrin G. Hatch, as an Assistant United States Attorney in the Eastern District of Virginia, as a trial attorney at the Department of Justice, and as an Assistant United States Attorney in the Southern District of California. Before holding those positions, Ms. Friedrich clerked for Judge Thomas F. Hogan of the District of Columbia District Court. Ms. Friedrich received her B.A., magna cum laude, from Trinity University, her Diploma in Legal Studies from Oxford University, and her J.D. from Yale Law School, where she served as a Senior Editor on the Yale Journal on Regulation.

If confirmed, Terry F. Moorer of Alabama will serve as a District Judge on the U.S. District Court for the Middle District of Alabama. Judge Terry F. Moorer currently serves as a Magistrate Judge on the U.S. District Court for the Middle District of Alabama, a position he assumed in 2007. Before assuming his judgeship, Judge Moorer served as an Assistant United States Attorney in the Middle District of Alabama, as a Command Judge Advocate in Camp Arifjan, Kuwait, and as an attorney in the Office of Staff Judge Advocate in Fort Rucker, Alabama. Judge Moorer earned his Associate of Arts from the Marion Military Institute, his B.A. from Huntington College, and his J.D. from the University of Alabama Farrah School of Law.

#court appointments #federal judiciary #trump #Donald Trump

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americanlibertypac · 7 years

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President Donald J. Trump Announces Judicial Candidate Nominations

Image: CC0

Below is the official White House press release announcing President Donald Trump’s most recent picks for Federal judiciary appointments. Who are you most excited to see nominated? – Ed.

—

President Donald J. Trump Announces Intent to Nominate Judicial Candidates

The President today announced his intent to nominate of these individuals to the following Federal judgeships.

#court appointments #federal judiciary #trump #Donald Trump

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ericfruits · 7 years

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Fake Asylum Stories Get Lawyer Disbarred

Readers of this blog with an interest in bar discipline processes may be aware that New York imposes automatic disbarment when an attorney is convicted of a felony under New York law.

Where an attorney is convicted of either federal or state offenses other than in the Empire State, the courts look to whether the felony is "substantially similar" to a New York felony. Id it is, disbarment follows as night follows day.

This brings us to a disbarment imposed today by the Appellate Division for the First Judicial Department.

The crimes

On April 14, 2014, respondent was found guilty, after a jury trial, in the United States District Court for the Southern District of New York, of conspiracy to commit immigration fraud in violation of 18 USC § 371, a felony. Respondent was sentenced to 60 months imprisonment, followed by three years of supervised release, fined $12,500, and a forfeiture money judgment of $7,245,000 was imposed against her jointly and severally with her codefendants.

Respondent's conviction arises from her participation in a scheme that involved the submission of hundreds of fraudulent asylum applications to federal immigration authorities on behalf of Chinese aliens by two Chinatown law firms operated by respondent. Respondent initially operated a law firm under the name of Law Offices of Feng Ling Liu. Later, she changed the name of the law firm to Moslemi and Associates, Inc. Respondent and her co-conspirators created and submitted asylum applications containing false stories of persecution purportedly suffered by alien applicants.

Specifics

At bar, respondent was convicted after trial, where she did not testify, thus, there are no plea admissions. Nevertheless, respondent's conduct as described through evidence and testimony in the trial record, that she supervised and actively participated in the preparation of falsified asylum applications which were filed with immigration authorities, when read in conjunction with the indictment upon which she was found guilty, corresponds to the New York felony of offering a false instrument for filing in the first degree (Penal Law § 175.35). Consequently her conviction is a proper predicate for automatic disbarment under Judiciary Law § 90(4)(a) and (b) (see e.g. Matter of Skelos, 142 AD3d 196 [2d Dept 2016] [trial record established essential similarity between federal felony and New York felony]; Matter of Simels, 94 AD3d at 111).

Respondent's former employee testified that he was hired by respondent as a "storywriter" to craft false stories of persecution for clients seeking asylum. He testified that at the time of hiring it was his understanding that the stories he would be writing were "fake." He further testified that during the two years he worked at the firm, he worked on hundreds of asylum applications and, out of those applications, he believed less than 20 were "real, meaning they stated a real claim for asylum based on actual events." The employee explained that even the applications that were "real" were changed to provide a more sympathetic case or circumvent certain immigration requirements for asylum. The former employee generally testified that respondent supervised him and would review, edit, or provide comments to him as a "storywriter" employee, and he gave specific examples of such conduct.

Another employee, who began as a paralegal and was later admitted to the New York bar, [*3]testified that she worked on hundreds of asylum applications during her three years at the firm. She stated that approximately 10% of cases were based on actual facts involving persecution, and that some asylum applications containing actual facts were prepared in a manner to make their stories look better. She also admitted to writing fake attesting letters in support of clients' asylum claims and that these letters were often reviewed and approved by respondent prior to filing with the USCIS.

In addition to the above witness testimony, the Judge's comments at sentencing further support that respondent's conduct is equivalent to a New York felony. The Judge stated that the evidence established that respondent was the leader of the conspiracy, which had as its goal "to trick immigration officials into granting asylum to countless inapplicable applicants", she "[was] the one who benefitted most from this most egregious effort to defraud our government," and, unlike many of her codefendants who accepted responsibility for their criminal conduct, respondent continued to blame others.

Notably, the court looked at the facts and found sufficient evidence of substantial similarity

The record of respondent's conviction is "conclusive evidence of [her] guilt" in this disciplinary proceeding and the trial testimony cited by the Committee, read in conjunction with the indictment upon which respondent was found guilty, establishes "essential similarity" between the offenses at issue (22 NYCRR 1240.12[d]; Matter of Margiotta, 60 NY2d at 150).

(Mike Frisch)

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#IFTTT #Feedly

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dipulb3 · 4 years

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Terms of Michael Cohen's return to prison under scrutiny

New Post has been published on https://appradab.com/terms-of-michael-cohens-return-to-prison-under-scrutiny/

Terms of Michael Cohen's return to prison under scrutiny

The form in question, a two-page document titled “Federal Location Monitoring Program Participant Agreement,” had called for Cohen to abstain from communicating with members of the media — a provision that he had balked at given the pending release of his tell-all book, and one which his legal team has claimed is unusual.

Defense attorneys and legal experts that Appradab spoke with Friday said that the form appeared to be tailored to Cohen, the flamboyant former fixer to President Donald Trump, whose affinity for the press is well known. Some called it unfair.

“I’ve never seen anything like that in my years of practice where a condition was put on a person like that,” said Lance Lazzaro, whose client, rapper Tekashi 6ix9ine, drew more than 2 million people to a livestream on Instagram in May — a record for the app — weeks after he was released early under a similar arrangement from federal prison into home confinement amid the pandemic.

A spokesman for the Administrative Office of the US Courts, the judiciary agency that oversees the federal probation system, declined to comment on the specifics of Cohen’s case, but added that no standard probation forms include language related to media contacts.

A spokesman for the Bureau of Prisons told Appradab that Cohen was taken into custody after he “declined to agree to the terms required for the program and home confinement placement.”

In May, as coronavirus continued to spread throughout the federal corrections system, Cohen walked out of New York’s Otisville prison on furlough status, partway through his three-year sentence on convictions of tax evasion, lying to Congress and campaign finance violations for facilitating hush money payments to two women who alleged affairs with Trump, which the President has denied.

By all accounts, Cohen had returned to a mostly quiet life with his family before Thursday, when he arrived just before 11 a.m. to the lower Manhattan courthouse to negotiate the terms of his transition to home confinement with two probation officers.

There, alongside his lawyer, he was presented with the form. While most of the language in the document was unremarkable and standard — don’t talk to convicted felons, have your family do the food shopping — the first item was troubling for Cohen and his attorney, Jeffrey Levine. The clause banned Cohen from posting on social media and prohibited him from engaging with the media — specifically listing “books.”

“The purpose is to avoid glamorizing or bringing publicity to your status as a sentenced inmate serving a custodial term in the community,” reads the document, which was obtained by Appradab.

Levine said that defense lawyers made their “objections known to the probation officers” regarding the line but had not refused to sign anything when US Marshals arrived and started to shackle Cohen.

“I’ll sign exactly what you want me to sign so that I don’t have to go to jail,” Cohen told the Marshals, according to another one of his lawyers, Lanny Davis, but the Marshals said it was out of their hands.

Cohen’s dishy book is said to be in its final stages of edits ahead of a September release.

Levine said Cohen was crestfallen.

“It was in his eyes,” he said. “He was so shaken. The rug had been pulled out from underneath him. This is not what we came here to do today.”

Earlier this month, a photographer from the New York Post captured Cohen dining at a restaurant near his apartment. When asked if that incident was related to his detention Thursday, Levine told reporters outside the courthouse, “I would leave that to your viewers.”

Elie Honig, a former Manhattan prosecutor who now does white collar criminal defense work at the law firm Lowenstein Sandler and serves as a Appradab legal analyst, said the probation office appeared to be overstepping its role.

“At a minimum, this is overstep by the probation department. Probation’s job is to protect the community, protect the probationer, and ensure the probationer doesn’t flee. But it’s far beyond the role of probation to limit speech in the name of policing whether its subjects are ‘glamorized’ in the public eye,” he said.

The legal experts said that supervised release conditions can be tailored to an inmate, usually to fit the crime that they were convicted of.

Since March, the Justice Department and the Bureau of Prisons have released thousands of nonviolent and vulnerable inmates early as a result of the pandemic. Across federal and state prisons, scores of inmates have tested positive for the virus — many of whom showed no symptoms when they were infected.

Some inmates have been released under different legal mechanisms, which could factor into how they are supervised by the probation office after their release.

Cohen was released under a Bureau of Prisons program after meeting certain criteria spelled out by the agency regarding the amount of time he’d served and his vulnerability to the virus. Other inmates have had their sentences reduced by federal judges.

The federal probation office falls under the judiciary branch. The Bureau of Prisons, which sits under the Justice Department, said that the monitoring form belonged to the probation office.

Lawyers for multiple other inmates released early from the federal prison system amid the pandemic said paperwork for their clients’ home confinement had not included the media provision.

“Generally when people are released early for whatever reason, they have the same restrictions in home confinement that they would have had at the bureau of prison facility,” said H. Dean Steward, the lawyer who represented celebrity attorney Michael Avenatti. “It sounds like this would even be beyond that.”

Avenatti, another media gadfly, received a temporary release from a federal jail earlier this year because he was considered at-risk for contracting Covid-19, stemming from a bout of pneumonia last year.

While there were no restrictions to speaking with the media as a condition for Avenatti’s release, he was barred from using the internet outside of talking with his lawyers, confining him to a flip phone for communication.

Last month, prosecutors claimed in a court filing that Avenatti may have violated the terms of his temporary release from jail by accessing a computer connected to the internet, but he denied the allegation. A judge later modified the terms of his release to allow him to use and possess a computer that was disconnected from the internet.

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polymathmadness · 4 years

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Interesting Intercept Comment

At present, under the American legal system, law enforcement personnel can not only lie to but also use violence against their employer: the American people. However, I wonder why members of the FBI (i.e., employees of the American people) have yet to arrest not only "Individual-1" but also his co-conspirators in the ongoing criminal conspiracy of this current presidency? I mean, at what point in time do members of the FBI become nothing more than yet another part of the criminal conspiracy of "Individual-1" and his co-conspirators? Because, for the life of me, I simply cannot find the passage in the Constitution of the United States of America where it states that someone can not only commit a felony to become president of the United States of America but also, if victorious in a presidential election, proceed to nominate American citizens to serve as members of the American federal judiciary, obliterate—momentarily—federal regulatory law for commercial purposes (e.g., short-term profit for long-term environmental destruction), and enact federal legislation with the majority of the members of the United States Congress. Asking on behalf of a Republic—for which it (allegedly) stands. (See also, e.g., Conspiracy to Commit Offense or to Defraud United States, 18 U.S.C. § 371 (2018), https://uscode.house.gov/view.xhtml?path=/prelim@title18/part1/chapter19&edition=prelim (defining the federal, criminal charge of conspiracy); Press Release, Michael Cohen Pleads Guilty in Manhattan Federal Court to Eight Counts, Including Criminal Tax Evasion and Campaign Finance Violations, U.S. Department of Justice (Aug. 21, 2018), https://www.justice.gov/usao-sdny/pr/michael-cohen-pleads-guilty-manhattan-federal-court-eight-counts-including-criminal-tax (referencing "Individual-1" while simultaneously showing one of the first known links in the chain of the criminal conspiracy currently under way in the United States of America today); Alice Speri, The FBI Has Quietly Investigated White Supremacist Infiltration of Law Enforcement: Bureau Policies Have Been Crafted to Take into Account the Active Presence of Domestic Extremists in U.S. Police Departments, Intercept (Jan. 31, 2017), https://theintercept.com/2017/01/31/the-fbi-has-quietly-investigated-white-supremacist-infiltration-of-law-enforcement/ (offering some information about "ghost skins" and other fascists throughout American law enforcement); Databank,

#DerelictCongress #DerelictWhiteHouse #DerelictCourts #DerelictStates #DerelictTerritories #DefundThePolice #DisbarThe"Individual-1"Judges #SecondGreatDepression #MedicareForAll #GreenNewDeal #GeneralStrike #Antifa = #Antifascist—except for those "ghost skins" in disguise who run amok #KeepTheHagueGreatAgain

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ladystylestores · 4 years

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US grapples with Confederate past after protests – Live updates | USA News

The police killing of George Floyd has triggered anti-racism protests around the world. A number of monuments with links to colonialism and slavery have either been defaced or pulled down in Europe and the United States as protests continue for racial justice.

Floyd’s brother, Philonise Floyd, testified before the House of Representatives Judiciary Committee, along with family lawyer Ben Crump and 10 others at the first congressional hearing to examine the social and political undercurrents that have fuelled weeks of protests nationwide and overseas.

The death of Floyd, who died after a policeman knelt on his neck for nearly nine minutes, has sparked nationwide calls for policing reforms.

Wednesday, June 10:

22:10 GMT – US House Speaker Nancy Pelosi demands statues of 11 men linked to the Confederacy removed from US Capitol

Pelosi sent a letter to the House-Senate panel in charge of the National Statuary Hall collection in the Capitol to take down the likenesses of 11 Confederate soldiers and officials that she said “pay homage to hate, not heritage”.

Calling the halls of Congress “the very heart of our democracy” ahd said the statues should embody Americans’ “highest ideals” not men “who avocated cruelty and barbarism to achieve such a plainly racist end”.

The statues which fill the halls of Congress should reflect our highest ideals as Americans. Today, I am once again calling for the removal from the U.S. Capitol of the 11 statues representing Confederate soldiers and officials. These statues pay homage to hate, not heritage.

— Nancy Pelosi (@SpeakerPelosi) June 10, 2020

The letter is the latest move in the wake of global protests over racism, to remove statues of those associated with perpetrating it. Across the United States and internationally, statues have been toppled, removed or covered.

21:23 GMT – NASCAR to ban Confederate flags at events

US professional stock car racing league NASCAR announced it will ban Confederate flags at future events, the Washington Post has reported.

“The presence of the Confederate flag … runs contrary to our commitment to providing a welcoming and inclusive environment for all fans, our competitors and our industry,” NASCAR said in a statement.

The decision comes two days after Bubba Wallace, the only African American driving in the NASCAR Cup Series, requested NASCAR ban the flag viewed as a symbol of hate for many.

Wallace used a #BlackLivesMatter livery on his Richard Petty Motorsport Chevrolet for a race at Martinsville Speedway on Wednesday.

pic.twitter.com/GzkbpEAROM

— Bubba Wallace (@BubbaWallace) June 7, 2020

“I think it’s going to speak volumes for what I stand for, but also what the initiative that NASCAR, the whole sport, is trying to push”, Wallace said ahead of the decision.

19:15 GMT – White House says it is finalising proposals on police reform

The White House said it is putting the finishing touches on proposals to reform the police, and that reducing immunity for cops is a “non-starter.”

Speaking at a White House briefing, press secretary Kayleigh McEnany said administration plans to address protester concerns about police brutality are reaching “final edits,” and said the proposals could be made public in the “coming days.”

White House Press Secretary Kayleigh McEnany addressing a first press briefing in the Brady Press Briefing Room at the White House [Carlos Barria/Reuters]

19:00 GMT – Trump rules out renaming US bases named for Confederate leaders

President Donald Trump rejected any proposal to rename US military bases that are named for Confederate leaders from the 1860s civil war.

As many as 10 bases carry the names of Confederate leaders, including Fort Bragg in North Carolina, one of the largest in the United States, and Fort Hood in Texas. Discussions about renaming them emerged as a way of racial reconciliation.

“The United States of America trained and deployed our HEROES on these Hallowed Grounds, and won two World Wars. Therefore, my Administration will not even consider the renaming of these Magnificent and Fabled Military Installations…” Trump wrotee in a tweet.

…history of Winning, Victory, and Freedom. The United States of America trained and deployed our HEROES on these Hallowed Grounds, and won two World Wars. Therefore, my Administration will not even consider the renaming of these Magnificent and Fabled Military Installations…

— Donald J. Trump (@realDonaldTrump) June 10, 2020

17:45 GMT – Boston to offer COVID-19 testing to protesters

Boston is offering those participated in street protests following the death of Floyd access to coronavirus testing.

Mayor Marty Walsh said in a news conference that his administration is reaching out to organisers of the demonstrations and is working to create a mobile pop-up testing site in the Boston neighborhood of Roxbury that will be open to everyone, whether or not they are showing signs of COVID-19, the disease caused by the virus.

“There is no special screening or requirements,” Walsh said. “As people lift their voices to fight racism and injustice, we want to make sure that we keep them safe as well.”

16:35 GMT – Thousands attend Black Lives Matter demo in Amsterdam

Thousands of people demonstrated in support of the Black Lives Matter movement in a park in Amsterdam named for South African anti-apartheid icon Nelson Mandela.

It was the latest in a series of protests in Dutch cities that have erupted in recent days.

“We are here to hold up a fist against the global pandemic of racism,” protester Mitchell Esajas told the crowd.

Thousands of people demonstrate in support of the Black Lives Matter movement in a park in Amsterdam, the Netherlands [Peter Dejong/AP Photo]

Public debate about racism, discrimination and historical links to the slave trade have intensified in the Netherlands since Floyd’s death.

A Dutch human rights organization called on the government to appoint a coordinator to help tackle what it called “structural discrimination” in the Netherlands.

15:45 GMT – Minneapolis police chief takes on union, promises reform

The Minneapolis Police Department will withdraw from police union contract negotiations, Chief Medaria Arradondo said as he announced the first steps in what he said would be transformational reforms to the agency.

Arradondo said a thorough review of the contract is planned. He said the contract needs to be restructured to provide more transparency and flexibility for true reform. The review would look at matters such as critical incident protocols, use of force, and disciplinary protocols, including grievances and arbitration.

He said it is debilitating for a chief when there are grounds to terminate an officer and a third-party mechanism works to keep that person on the street.

Security forces take position during a protest against the death in Minneapolis police custody of George Floyd, in Minneapolis, Minnesota, US [Lucas Jackson/Reuters]

“This work must be transformational, but I must do it right,” Arradondo said of changes to the department.

He also promised new research and strategies to spot and intervene with problem officers.

“We will have a police department that our communities view as legitimate, trusting and working with their best interests at heart,” he said, adding that the department has to address issues of racism head-on.

15:00 GMT – ‘Teach them what necessary force is’: George Floyd’s brother calls for police reforms

Lawmakers heard urgent pleas from George Floyd’s brother who called for reforms and better training for police officers.

“Teach them what necessary force is,” he said “Teach them that necessary force should be used rarely, and only when life is at risk.”

He also reminded the panel that police were called because his brother had allegedly used a counterfeit $20 bill.

George Floyd’s brother, Philonise Floyd giving his opening statement during the House Judiciary Committee hearing on Policing Practices and Law Enforcement Accountability at the US Capitol in Washington, DC, [Michael Reynolds/Pool via Reuters] [Daylife]

“George wasn’t hurt anyone that day. He didn’t deserve to die, over $20. I’m asking you. Is that what is that what a black man is worth? $20? This is 2020. Enough is enough. The people watching in the streets are telling you enough is enough,” he said.

The Judiciary panel is preparing to shepherd a sweeping Democratic package of legislation aimed at combating police violence and racial injustice, to the House floor by July 4, and is expected to hold further hearings next week to prepare the bill for a full House vote.

14:40 GMT – ‘I’m tired, I’m tired of the pain,’ George Floyd’s brother says

George Floyd’s brother testified Wednesday at a House Judiciary Committee hearing on issues of racial profiling, police brutality and lost trust between police departments and the communities they serve.

“I’m tired. I’m tired of the pain I’m feeling now and I’m tired of the pain I feel every time another black person is killed for no reason,” Philonise Floyd said during his testimony.

“I’m here today to ask you to make it stop. Stop the pain. Stop us from being tired,” Floyd said. “George’s calls for help were ignored. Please listen to the call I’m making to you now, to the calls of our family, and to the calls ringing out in the streets across the world.”

“If his death ends up changing the world for the better. And I think it will. I think it has. Then he died as he lived. It is on you to make sure his death isn’t in vain,” he said.