Monday, June 22, 2009

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Apple's Culture Of Secrecy: High Security, Lawsuits, Misinformation Top
SAN FRANCISCO -- Apple is one of the world's coolest companies. But there is one cool-company trend it has rejected: chatting with the world through blogs and dropping tidbits of information about its inner workings. More on Apple
 
Obama Invites Gay Rights Advocates To White House Top
As advocates for gays and lesbians intensify their criticism of the White House, President Obama has invited some of their leaders to an East Room reception next Monday to commemorate the 40th anniversary of the Stonewall Rebellion, the 1969 Greenwich Village demonstrations that gave birth to the modern gay rights movement.
 
Gary S. Chafetz: THE FRAUD OF HONEST-SERVICES FRAUD Top
On June 22, The Boston Globe reported that the now disgraced, former Massachusetts House Speaker Salvatore DiMasi announced that he would challenge the legal and intellectual validity of the controversial and nebulous honest-services fraud statute, for which he had been recently indicted. Windmill tilting notwithstanding, his challenge is both welcomed and justified. One of the cardinal rules of a grade-school vocabulary test is this: the word that the student must define cannot be used in its definition. However, honest-services fraud--"a scheme or artifice to deprive another of the intangible right of honest services"--is a term that no one seems able to define without using "honest-services" in its definition. Which a priori implies that because it cannot be defined, it is unconstitutionally vague Making matters murkier and more unreasonable, the law is divided into two categories: public and private honest-services fraud. The public version involves elected or appointed public officials who allegedly have not provided their honest services to their constituents. The second version involves private citizens who have allegedly failed to provide their honest services in their dealings with other citizens. For example, who has not failed to provide his or her honest services as a friend, lover, father, mother, husband, wife, brother, sister, co-worker, boss, or subordinate? Hence, private honest-services is a universal crime, of which every man, woman, and child is guilty. A dispute between a contractor and a homeowner--ordinarily settled in civil court--may be a federal felony, private honest-services fraud, punishable by five years in prison, a $250,000 fine, or both. This raises the additionally thorny issue of selective prosecution. Why is only a microscopic fraction of the guilty population indicted, condemned, and imprisoned for private honest-services fraud? Essentially, honest-services fraud makes prosecutors omnipotent, because they can charge anybody they want with a federal felony. Prosecutors already have unlimited resources and leverage. More often than not, they threaten a defendant with a lengthy sentence in a maximum-security prison with violent offenders. This terrifies virtually any white-collar defendant into pleading guilty to honest-services fraud, in return for a reduced sentence in a relatively cushy prison camp--even if the defendant does not necessarily believe that he or she is guilty. This means prosecutors are routinely committing a felony called suborning perjury, in addition to another felony called honest-services fraud. Even U.S. Supreme Court Justice Antonin Scalia has expressed his concerns. In a recent dissenting opinion, he wrote, "Without some coherent limiting principle to define what 'the intangible right of honest services' is, whence it derives, and how it is violated, this expansive phrase invites abuse by headline-grabbing prosecutors in pursuit of local officials, state legislators, and corporate CEOs who engage in any manner of unappealing or ethically questionable conduct.'' As unappealing as this may sound, even the much maligned, now imprisoned, former Washington lobbyist Jack Abramoff was actually not guilty of anything much at all, except private honest-services fraud. I spent two years secretly and exclusively interviewing Abramoff before and after he went to prison. I also had access to thousands of documents never released to the public. For the first time, he was afforded an opportunity to give his side of the story. As a liberal, I was not inclined to give Abramoff, an arch conservative, much slack. But in the final analysis, the evidence was clear and convincing. He never defrauded his wealthy and sophisticated tribal clients, all of whom ran very lucrative casinos and therefore could hire the best lawyers, accountants, and consultants. His infamous "kickback scheme" with public-relations specialist Michael Scanlon was a perfectly legal undisclosed referral fee, enjoyed daily by mortgage brokers, orthopedic surgeons, and lawyers.* Abramoff did not bribe a single elected or appointed official. There were no "quid pro quos." And the "favors" he obtained for his clients did not corrupt the democratic process or undermine the integrity of America's foreign or domestic policy. These frivolous favors included remarks placed in the Congressional Records Extensions , a publication that virtually no one reads; or his persuading the federal government to sell back to an Indian tribe (a) 8,000 acres of land that it had originally owned, and (b) for which it had applied to the Bureau of Indian Affairs in 1927, upon which no action had ever been taken until Abramoff came along and asked House Majority Leader Tom DeLay to help out his long-suffering client. Abramoff's capital crimes included common lobbying practices: providing some free sports tickets and meals to and subsidizing a few golf trips for some elected and appointed federal officials. And for these minor offenses, he was terrorized into pleading guilty to private honest-services fraud, for which he is spending nearly six years in prison. I doubt former Massachusetts House Speaker Salvatore DiMasi will succeed in persuading the courts to throw out his indictment (and almost-certain conviction) for honest-services fraud. But if you ask most defense attorneys and many constitutional law professors across the land, they will tell you that honest-services fraud is the kind of law that Nazi Germany would have enthusiastically embraced. * If you've ever purchased a house or a condo, your closing attorney urges (if it's an all-cash deal) and the lender requires that you buy something expensive called title insurance, which essentially covers your attorney's liability in case he erred in conducting the title search. But what no one knows is that the title insurance company, whom your attorney has hired, kicks back a large undisclosed referral fee to your attorney. (In a sense, you unwittingly pay your attorney's fee twice.) Although it's all perfectly legal, it would also appear to be a blatant example of private honest-services fraud, for which no closing attorney has ever been charged. Gary S. Chafetz is the author of the recently published book, The Perfect Villain: John McCain and the Demonization of Lobbyist Jack Abramoff More on John McCain
 
Public Confidence In Stimulus Package's Effectiveness Ebbs, Poll Finds Top
Barely half of Americans are now confident that President Obama's $787 billion stimulus measure will boost the economy, and the rapid rise in optimism about the state of the nation that followed the 2008 election has abated, according to a new Washington Post-ABC News poll.
 
New York Teachers Paid To Do Nothing: 700 Of Them Top
NEW YORK — Hundreds of New York City public school teachers accused of offenses ranging from insubordination to sexual misconduct are being paid their full salaries to sit around all day playing Scrabble, surfing the Internet or just staring at the wall, if that's what they want to do. Because their union contract makes it extremely difficult to fire them, the teachers have been banished by the school system to its "rubber rooms" _ off-campus office space where they wait months, even years, for their disciplinary hearings. The 700 or so teachers can practice yoga, work on their novels, paint portraits of their colleagues _ pretty much anything but school work. They have summer vacation just like their classroom colleagues and enjoy weekends and holidays through the school year. "You just basically sit there for eight hours," said Orlando Ramos, who spent seven months in a rubber room, officially known as a temporary reassignment center, in 2004-05. "I saw several near-fights. `This is my seat.' `I've been sitting here for six months.' That sort of thing." Ramos was an assistant principal in East Harlem when he was accused of lying at a hearing on whether to suspend a student. Ramos denied the allegation but quit before his case was resolved and took a job in California. Because the teachers collect their full salaries of $70,000 or more, the city Department of Education estimates the practice costs the taxpayers $65 million a year. The department blames union rules. "It is extremely difficult to fire a tenured teacher because of the protections afforded to them in their contract," spokeswoman Ann Forte said. City officials said that they make teachers report to a rubber room instead of sending they home because the union contract requires that they be allowed to continue in their jobs in some fashion while their cases are being heard. The contract does not permit them to be given other work. Ron Davis, a spokesman for the United Federation of Teachers, said the union and the Department of Education reached an agreement last year to try to reduce the amount of time educators spend in reassignment centers, but progress has been slow. "No one wants teachers who don't belong in the classroom. However, we cannot neglect the teachers' rights to due process," Davis said. The union represents more than 228,000 employees, including nearly 90,000 teachers. Many teachers say they are being punished because they ran afoul of a vindictive boss or because they blew the whistle when somebody fudged test scores. "The principal wants you out, you're gone," said Michael Thomas, a high school math teacher who has been in a reassignment center for 14 months after accusing an assistant principal of tinkering with test results. City education officials deny teachers are unfairly targeted but say there has been an effort under Mayor Michael Bloomberg to get incompetents out of the classroom. "There's been a push to report anything that you see wrong," Forte said. Some other school systems likewise pay teachers to do nothing. The Los Angeles district, the nation's second-largest school system with 620,000 students, behind New York's 1.1 million, said it has 178 teachers and other staff members who are being "housed" while they wait for misconduct charges to be resolved. Similarly, Mimi Shapiro, who is now retired, said she was assigned to sit in what Philadelphia calls a "cluster office." "They just sit you in a room in a hard chair," she said, "and you just sit." Teacher advocates say New York's rubber rooms are more extensive than anything that exists elsewhere. Teachers awaiting disciplinary hearings around the nation typically are sent home, with or without pay, Karen Horwitz, a former Chicago-area teacher who founded the National Association for the Prevention of Teacher Abuse. Some districts find non-classroom work _ office duties, for example _ for teachers accused of misconduct. New York City's reassignment centers have existed since the late 1990s, Forte said. But the number of employees assigned to them has ballooned since Bloomberg won more control over the schools in 2002. Most of those sent to rubber rooms are teachers; others are assistant principals, social workers, psychologists and secretaries. Once their hearings are over, they are either sent back to the classroom or fired. But because their cases are heard by 23 arbitrators who work only five days a month, stints of two or three years in a rubber room are common, and some teachers have been there for five or six. The nickname refers to the padded cells of old insane asylums. Some teachers say that is fitting, since some of the inhabitants are unstable and don't belong in the classroom. They add that being in a rubber room itself is bad for your mental health. "Most people in that room are depressed," said Jennifer Saunders, a high school teacher who was in a reassignment center from 2005 to 2008. Saunders said she was charged with petty infractions in an effort to get rid of her: "I was charged with having a student sit in my class with a hat on, singing." The rubber rooms are monitored, some more strictly than others, teachers said. "There was a bar across the street," Saunders said. "Teachers would sneak out and hang out there for hours." Judith Cohen, an art teacher who has been in a rubber room near Madison Square Garden for three years, said she passes the time by painting watercolors of her fellow detainees. "The day just seemed to crawl by until I started painting," Cohen said, adding that others read, play dominoes or sleep. Cohen said she was charged with using abusive language when a girl cut her with scissors. Some sell real estate, earn graduate degrees or teach each other yoga and tai chi. David Suker, who has been in a Brooklyn reassignment center for three months, said he has used the time to plan summer trips to Alaska, Cape Cod and Costa Rica. Suker said he was falsely accused of throwing a girl's test sign-up form in the garbage during an argument. "It's sort of peaceful knowing that you're going to work to do nothing," he said. Philip Nobile is a journalist who has written for New York Magazine and the Village Voice and is known for his scathing criticism of public figures. A teacher at Brooklyn's Cobble Hill School of American Studies, Nobile was assigned to a rubber room in 2007, "supposedly for pushing a boy while I was breaking up a fight." He contends the school system is retaliating against him for exposing wrongdoing. He is spending his time working on his case and writing magazine articles and a novel. "This is what happens to political prisoners throughout history," he said, alluding to the Rev. Martin Luther King Jr. "They put us in prison and we write our `Letter From the Birmingham Jail.'"
 
Wife: Astor's 85-year-old son had mild stroke Top
NEW YORK — The wife of Brooke Astor's son, Anthony Marshall, says her husband suffered a mild stroke two weeks ago. Charlene Marshall disclosed the stroke Monday outside the courtroom where her husband is on trial on charges of looting his late mother's $198 million estate. The 85-year-old son has denied the charges. Anthony Marshall reported that he had fallen off a treadmill while exercising Sunday, injuring his head, foot, wrist and left hand. He says he is OK, except for a headache. Charlene Marshall says her husband has a concussion. The trial adjourned for a 2 1/2-hour lunch break Monday so Marshall could visit a doctor. He returned in the afternoon. The stroke two weeks ago caused a then-unexplained delay in the trial.
 
Keith Leon and Maura Leon: A Church In Need Top
Did you know that churches are being hit very hard by the current economy ? Recently, Maura and I watched a PBS Show called, Religion and Ethics that aired on over 200 stations nationwide. The interview by Saul Gonzalez focuses broadly on the larger economic challenges facing churches and perspectives on the impact of financial distress in the religious community. In the PBS show, the story of our friend Pastor Jane Galloway and her church pulled at our heartstrings. Pastor Jane provided an insightful and heartfelt commentary on the challenges at the church called, Immanuel (a church community in Long Beach, CA). She discusses candidly their indebtedness, and the possibility of foreclosure . We find this very disheartening, as Immanuel provides a computer lab , art shows , plays , recreational activities and art and drama classes for the elementary school across the street. Immanuel has even hosted the 5th grade graduation ceremony for the school for the last two years. The closing of Immanuel would seriously affect the children and the community . Immanuel stepped up for the children and has been hosting these classes through their non-profit organization called H'artWorks. Click here to see news coverage about H'artWorks and the students: Pastor Jane goes on to say, "People come here looking for food -- looking for spiritual food, and I hear the kind of despair they are in, and I realize that it's crazy for me to be this preoccupied with the finances of some place, when I'm here to create a place where people can come and find solace. So I feel a sense of responsibility to the people who come here for that kind of nurturance." We must publicly commend Pastor Jane for her commitment, her sacrifices, her leadership, her faith and her vision. For months now we've found myself asking, "What can we do to make sure that this church stays open for the kids?" Immanuel welcomes ideas, partners, new members or supporters. Do you have any ideas that would help Immanuel or any other churches that find themselves in the same position? Please comment below, and if you feel moved to assist Immanuel in keeping their doors open, feel free to go to their website ( www.icclb.org ) and leave a donation. Click here to see the Religion and Ethics spot entitled: Churches In Financial Distress More on The Recession
 
Ryan Haydon and Stefani Piermattei: The Bachelorette - June 22nd Recap Top
You break up with people for being too perfect all the time, right? Us too... wait, we don't have the bravery to do that. But I know someone who does... ladies and gentlemen - Jillian Boozehound Harris! We started on a train ride to nowhere Alberta. Robby tried to turn it into a love train on the first 1 on 1 date. Problem is he could get lost driving a train. (To clarify that witticism, you can't get lost driving a train - they're on a rail). Regardless, he got the Hobo Heave-Ho and was sent off with his possessions on his back as Ms. Harris thought him not ready for marriage for at least 5 or 10 years. She's ready now, duh. The group date was snow-walking. A little slower than snow-speed-walking. Cause of the snow. All but Reid partook, and his nervous jellybean ass asked the train employees for romantic advice. Judging by the train attendants I've seen, he might as well ask LiLo for weight gain tips. Kiptyn got the early rose, cause he makes Harris all drunk - without the booze! Reid navigated the 1 on 1 date with ease though he worried about the sanitary nature of fondue. He also doesn't like it if his socks aren't ironed. Somehow, Jillian is falling deep for this roly-poly piece of soggy white bread. With Robby walking the rails, there were still two Bachelors to deprive of flowers. Wes did his best to be one of them, crowing to anyone and everyone that he came on the show just for the music and that he is generally uninterested in Jillian. Many people are probably up in arms about Jake not getting a rose. He was handsome, charming, seemed nice enough. But in the end, he was probably too good for Jillian, and somewhere deep down, she knew it too. Tanner once more tried to tell Jillian how much he liked her feet. Sadly, it was for the last time as he was sent home also. Four and a half Bachelors remain as Wes already has one foot out the door. Biggest Winner: Michael (6 points) Michael somehow avoided the same fate as his brethern, Robby. In fact, when Robby was booted essentially for being too young, Michael started sweating out of his eyes. Oh, those were tears? Wow, not a lot of winners this week. Somehow, he bested The Pilot. A winner by default. Honorable Mention: Pass. Biggest Loser: Jillian (negative 300 points) I get it, you think Jake is "too perfect". But why would you pick his puppy I mean, younger brother , er, Michael? They're not actually related, but all sorts of logic issues crop up here. Robby isn't ready for marriage, but 25 year old break dancing, H & M model wannabe Michael is? It's possible to find someone who seems too genuine, too handsome, too ready to marry you, and too totally into you? Oh, we get it! You thought he was a robot. Lord knows what will happen when you find out that Wes is a snake-rat. Honorable Mention: Wes (5 points). Cause, really, yuk. What a scum bucket. Don't forget, we liveblog each week so join us for real time commentary and Bachelor Point tallying! Scoreboard: Team Ryan really took it to Team Stef, pressing the two-Bachelor advantage. The advantage diminishes next week, with Team Ryan down to three Bachelors and Team Stef at two. Team Ryan 180 - Team Stef 165 TEAM RYAN (31 points this week, 180 overall) WES (5, 33) JESSE (9, 32) REID (7, 25) ROBBY (3, 23) ELIMINATED TANNER P. (7, 24) ELIMINATED MARK (0, 15) ELIMINATED JUAN (0, 19) ELIMINATED SASHA (0, 7) ELIMINATED MATHUE (0, 2) ELIMINATED JULIEN (0, 0) ELIMINATED TEAM STEF (15 points this week, 165 overall) KIPTYN (9, 44) MICHAEL (4, 22) JAKE (4, 17) ELIMINATED ED (0, 25) ELIMINATED GONE DAVID (0, 25) ELIMINATED MIKE (0, 12) ELIMINATED BRAD (0, 9) ELIMINATED TANNER F. (0, 5) ELIMINATED SIMON (0, 2) ELIMINATED BRIAN (0, 2) ELIMINATED you can find a explanation of Bachelor Points at the bottom of this post More on Reality TV
 
Steve Jobs Spotted At Work On Monday Top
SAN FRANCISCO/NEW YORK (Reuters) - Apple Inc Chief Executive Steve Jobs was at the company's headquarters on Monday, underscoring speculation the pancreatic cancer survivor may have returned to work. More on Steve Jobs
 
Three Bailed-Out Banks Stop Paying Dividends To U.S. Government Top
At least three small, cash-strapped banks have stopped paying the U.S. government dividends that they owe because they got $315.4 million in capital infusions under the Troubled Asset Relief Program. More on The Bailouts
 

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