text:
565 F2d 945 United States v. Crumley

565 F.2d 945

UNITED STATES of America, Plaintiff-Appellee,
Leo CRUMLEY, Defendant-Appellant.

No. 77-5192.

United States Court of Appeals,
Fifth Circuit.

Jan. 9, 1978.

Arthur Parker, Birmingham, Ala., for defendant-appellant.

J. R. Brooks, U. S. Atty., Geo. C. Batcheler, Asst. U. S. Atty., Birmingham, Ala., for plaintiff-appellee.

Appeal from the United States District Court for the Northern District of Alabama.

Before MORGAN, HILL and FAY, Circuit Judges.

FAY, Circuit Judge:

The defendant, Leo Crumley, was indicted for knowingly receiving, concealing, storing, bartering, selling and disposing of a stolen motor vehicle which had been part of interstate commerce. 18 U.S.C. § 2313. A jury found him guilty and he was sentenced to four years imprisonment. Crumley appeals and assigns two errors. First, that the trial court erred when it limited cross-examination of a government witness on his motive for testifying. He also contends the trial court erred when it refused to allow him to determine, through cross examination of a government witness, the location of the "track sheet" which identified the cab as part of the stolen motor vehicle. We agree that the trial court erred as to the first issue and reverse and remand for a new trial. The second issue we find to be without merit.

On December 9, 1975, a 1971 Ford F-350 Sports Custom truck with a 480 Holmes wrecker attached was stolen from the Cartersville Tire Service in Cartersville, Georgia. The establishment's owner, Jimmy Ray Hardin, purchased the truck in November, 1972, and personally repaired, customized, and replaced its parts. The vehicle's identification number (VIN) was F35HCK 85721. The two parts of the wrecker unit, the wrecker and the body also had serial numbers. These serial numbers were engraved on metal plates riveted to the corresponding part at the time Holmes, the manufacturer, assembled and attached the wrecker unit to each truck. The wrecker involved here had the serial number B71CO-1084 and the body had the serial number B71B20542. Each of the letters, numbers or sequence of numbers signified to Holmes specific information about that wrecker unit.

In July, 1976, a 1972 Ford truck, with a Holmes wrecker unit attached, was discovered by police on the property of Leo Crumley in Anniston, Alabama. Special Agent Larry Sylvester of the F.B.I. and several other state and local law enforcement officers went to Crumley's home to inspect the wrecker on July 16, 1976. Sylvester knocked on the door and when Crumley answered told him he had reason to believe the wrecker parked at the back of his property was stolen and wished to inspect it. Crumley immediately agreed and Sylvester, followed by the other officers in their vehicles, went to where the wrecker was parked.

Sylvester found, upon inspection, the vehicle was a 1972 red Ford F-350 custom truck, VIN F37YCM87076, with a Holmes model 480 wrecker unit attached. The original numbers on the identification plates found on the wrecker and the body were, in the opinion of several law enforcement officers, ground off and the plates restamped with new serial numbers. The wrecker's new number was B74CO45514 and the body's was 147B45514. The vehicle was confiscated from Crumley and immediately impounded at nearby Woods Body Shop. The metal identification plates were removed from the wrecker unit that same evening and given an acid test which, when successful, will make the original obliterated number reappear for several minutes. This test was successful and the partial sequences of numbers then visible matched portions of the original serial numbers mentioned above. A representative of the Holmes wrecker manufacturer also testified that even though the metal plates removed by Sylvester were original Holmes plates, the serial numbers restamped did not match the type and year of the wrecker unit recovered.1

Testimony elicited from law enforcement officers present at Leo Crumley's when the vehicle was inspected and confiscated indicates Crumley cooperated with them. One officer said Crumley stated the vehicle was "legal" and he had papers on it. Crumley also said it was not a Holmes wrecker even though Holmes name was on it in at least three different places. He also stated the wrecker was at the back of his property because he wanted to move a tree which had fallen across the fence when struck by lightning. He stated he had purchased the truck and built the wrecker.2 Although Crumley objected to their taking the wrecker and took all of the officer's names, he aided them in starting the truck which was "cold-natured". The battery also ran down from attempting to start the truck and Crumley helped jump it.

Immediately after the wrecker was impounded at Woods Body Shop (and prior to its subsequent disappearance) Jimmy Ray Hardin came to Alabama to identify his property. Before seeing the wrecker he was asked by Agent Sylvester to list and describe as many points possible on his wrecker which would enable him to identify it. Without our listing them, Hardin found the points listed beforehand and others on the wrecker. For example, beyond just parts and accessories, broken parts that were repaired by Hardin himself in a manner described by him were found on the wrecker. Although the cab was not his, Hardin did identify the truck's engine as the one he had rebuilt for his wrecker.

The 1972 Ford truck, to which the stolen wrecker unit was found attached, was purchased from Melvin Gann and Odell Spurlin, partners in a service station, body shop and wrecker business. Gann, a good friend of Crumley, testified Crumley and G. J. Haynes came to his shop and negotiated with him for the purchase of the truck. Gann and Spurlin used the truck as a wrecker in their business but when they sold it removed the wrecker unit from the truck's chassis. When Crumley returned to pick up the truck the next day, Gann was out of town, so Crumley paid Spurlin $2000 cash and left with the truck. No testimony was elicited concerning Haynes being present. No bill of sale was written up that day. At a later date which Gann could not remember and Spurlin believed was in January, 1976, a bill of sale was made out to Haynes Auto Parts. Haynes' business tax number was written on the bill of sale allegedly to avoid payment of sales tax on a sale between businesses. Gann also testified he saw both Crumley and Haynes driving the truck after the new wrecker unit was attached.

On July 15, 1976, the day before the wrecker was impounded several law enforcement officers, including Special Agent Sylvester, went to the salvage yard of G. J. Haynes. There they discovered a red cab frame to a 1971 Ford truck, model 350, minus its doors. At that time Lieutenant Ernest Hardigree of the Alabama Bureau of Investigation removed the "track sheet" from the cab. A "track sheet" is a computer printout prepared by the vehicle's manufacturer, listing the parts and accessories with their identification numbers to be used in the assemblage of that vehicle. Each track sheet contains the specifications for each vehicle and indicates that vehicle's identification number (VIN). Upon the vehicle's completion the document is placed in one of several particular locations in the cab known only to the manufacturer and law enforcement officers and thereafter only removed by law enforcement officers when they are unable to determine a VIN in any other way.3 Within five days this red cab disappeared from Haynes' salvage yard and has not been located.

The track sheet removed from the cab by the police had a VIN F35HCK85721 which matches that of Hardin's truck.

The property on which Haynes' salvage yard was located was owned and leased to him by Tommie Sue Crumley, the defendant's wife. She acquired it in late January, 1976, from Percy Haynes', G. J.'s brother.

The government also offered the testimony of G. J. Haynes. His testimony incriminated Crumley in several respects but at the same time conflicted with the testimony of other government witnesses.

Haynes denied being involved at all in the purchase of the 1972 Ford truck from Gann and Spurlin. He states Crumley purchased it for his own use and that his involvement began in July, 1976, when Spurlin came to his office to have him sign the bill of sale. Haynes stated Crumley had asked him if he could use Haynes' business tax number for tax purposes because he was in trouble with the Internal Revenue Service. Haynes never owned any wrecker for his business but on occasion hired Crumley's for pick-ups and deliveries. Haynes never drove the wrecker.

Haynes also denied Crumley was a partner in his salvage business although Crumley loaned him, through his brother, Percy, $3000, shared in the profits, watched the business on numerous occasions and sold salvaged vehicles to the business.

Haynes also testified Crumley's green pickup truck delivered the red cab to the salvage yard in February or March, 1976, but he stated Crumley was in Percy's shop nearby when the delivery was made. However, later, the defendant told Haynes just to leave the cab alone because another body shop was going to pick it up.

Haynes' conviction and incarceration on a state charge of buying and receiving stolen property were brought out on both direct and cross-examination. He received a ten year sentence in 1975 and, after his appeal failed, was imprisoned July 26, 1976. At the time of trial he was still incarcerated.

On cross-examination by defense counsel Haynes denied knowing anything was stolen until September, 1976, although the record reveals a written report by F.B.I. Agent Sylvester, used on cross-examination for impeachment, in which the agent states he told Haynes in July, 1976, the cab was stolen.

The first issue raised by Crumley is whether his cross-examination of Haynes to determine his motive in testifying truthfully or untruthfully was erroneously and prejudicially limited by the trial court.

Defense counsel was permitted to question Haynes concerning possible promises made to him by the government:

Q. You said you haven't been promised anything?

A. I haven't been promised anything. I don't know of anything that anybody could promise me. (R. 345)

Later defense counsel proceeded as follows:

Q. You haven't had any prosecution brought against you about this, have you?

A. That's right, no other case.

Q. No other case?

A. No, sir, other than what I am serving time on now.

Q. And when this came out and they talked to you about it didn't they find a stolen Cadillac out there?

Mr. Batcheler: (Assistant United States Attorney): I object to that, Your Honor, whether they did or didn't and I object to going into it and move to exclude any references to it.

Mr. Parker: He mentioned that they hadn't brought any other suit

A. Not to my knowledge, sir.

Mr. Parker: Or any other prosecution and we are asking him on that occasion when they found the cab out there if they found a stolen Cadillac out there.

The Court: And what are you trying to prove?

Mr. Parker: His motto (sic) to come and not tell the truth today.

The Court: Sustain the objection. You can develop any evidence whether he had been promised anything. (R. 346-347).

The Court then instructed the jury:

The Court: Ladies and gentlemen of the jury, you have heard the witness's (sic) testimony with respect to his own incarceration. You have heard his testimony with respect to his relationship to this defendant. The last question put to the witness could leave an inference that this witness is testifying now because of some promise. Without the independent development of that evidence there would be no basis for the jury to draw such an inference. The Court has ruled that question is improper and you are to disregard the inference in counsel's statement to that effect and you may have your exception, Mr. Parker. (R. 348-349).

An accused's right to cross examine the witnesses against him is encompassed by the confrontation clause of the Sixth Amendment. The Supreme Court in Davis v. Alaska, 415 U.S. 308, 316, 94 S.Ct. 1105, 1110, 39 L.Ed.2d 347 (1974), noted "cross examination is the principal means by which the believability of a witness and the truth of his testimony are tested."

The right of cross-examination protected by the Constitution is especially important in exposing ". . . a witness' motivation in testifying . . ." Davis v. Alaska, supra, 415 U.S. at 318, 94 S.Ct. 1105. A trial court's sound discretion limits the scope and extent of cross-examination and an appellate court will only interfere with that ruling if it finds an abuse of discretion. However, this discretion must give due regard to the Sixth Amendment's right of confrontation. United States v. Mayer, 556 F.2d 245 (5th Cir. 1977); United States v. Brown, 546 F.2d 166 (5th Cir. 1977). The trial court here abused its discretion.

"( C)ross-examination of a witness in matters pertinent to his credibility ought to be given the largest possible scope." United States v. Partin, 493 F.2d 750, 763, (5th Cir. 1974), quoting McConnell v. United States, 393 F.2d 404, 406 (5th Cir. 1968). It is especially important in a case where a witness or an accomplice may have substantial reason to cooperate with the government that a defendant be permitted to search for an agreement between the government and the witness. United States v. Mayer, 556 F.2d 245 (5th Cir. 1977); United States v. Onori, 535 F.2d 938 (5th Cir. 1976). "What tells, of course, is not the actual existence of a deal but the witness' belief or disbelief that a deal exists." United States v. Onori,supra, 535 F.2d at 945. Accord United States v. Mayer, 556 F.2d 245 (5th Cir. 1977); United States v. Dickens, 417 F.2d 958, 960-61 (8th Cir. 1969).

Here, defense counsel wanted to question Haynes concerning a stolen Cadillac found in his salvage yard at the same time the red cab was found. Defense counsel learned of this discovery from a post interview report prepared by F.B.I. Agent Sylvester summarizing an interview with Haynes.4

It is apparent from defense counsel's question he was attempting to determine from Haynes if he had any expectations that his cooperation through testifying would persuade the government not to charge him with possession of the stolen Cadillac. Certainly the fear of additional federal charges and prosecution might motivate a witness to testify favorably on behalf of the government. Even a witness then serving a ten year confinement. Because the district court did not allow the defense sufficient inquiry into Haynes' motivation in testifying for the prosecution we find the full exercise of the accused's Sixth Amendment right to confrontation was frustrated and the trial judge abused his discretion.

The district court's error violated Crumley's constitutional right under the Sixth Amendment's confrontation clause. Therefore we must reverse unless we find the error was "harmless beyond a reasonable doubt." Chapman v. California, 386 U.S. 18, 87 S.Ct. 824, 17 L.Ed.2d 705 (1966).5 After a careful review of the record we are unable to conclude the court's limitation of cross-examination was harmless under Chapman. Haynes' testimony was an important factor in the government's case and we cannot find beyond a reasonable doubt that if the jury had not believed Haynes it would not have acquitted Crumley. We therefore reverse and remand for a new trial.

To prevent any problems on re-trial we will also consider the defendant's other assignment of error.

Crumley further contends his right to cross-examination under the Sixth Amendment was also unduly limited because one of the government's witnesses was not required to reveal where the track sheet was secreted.6 Crumley's counsel was permitted to explore whether the track sheet could have been placed in the cab after leaving the manufacturer.

The Fifth Circuit has spoken on the issue of revealing secret identification numbers in Gurleski v. United States, 405 F.2d 253 (5th Cir. 1968), cert. denied, 395 U.S. 981, 89 S.Ct. 2140, 23 L.Ed.2d 769 (1969), and Williamson v. United States, 272 F.2d 495 (5th Cir. 1959), cert. denied, 362 U.S. 920, 80 S.Ct. 672, 4 L.Ed.2d 740 (1960), and those decisions can be applied to the secret location of this track sheet. These cases hold the defense must show some materiality before the court will require such information be revealed. The reason for this limitation in cases of secret identification numbers and track sheets is they are valuable tools used by law enforcement officers in discovering and solving motor vehicle thefts.

Crumley has not shown in what manner the revelation of the track sheet's location would be material to his case. He suggests that because the identification of the cab as stolen is a material issue, the location of the track sheet is too. We agree that the stolen character of the cab is extremely material but as long as there was no showing during the cross-examination which was permitted, that the track sheet was not placed in the cab after it left the manufacturer, the location of the track sheet was not material.

The vehicle with a wrecker unit, confiscated from Crumley and impounded at Woods Body Shop, was stolen within a week of its impoundment. Pictures of it taken the day after it was confiscated were admitted into evidence at trial for identification of the vehicle

Although Crumley stated he built the wrecker and it was not by Holmes, through cross-examination defense counsel attempted to show Crumley was joking with the officers when he made these remarks. From the record we are not certain he succeeded

VINs are usually located on the latch wall of a vehicle's door. In this case the doors were missing. There are also usually secondary numbers on the frame of the vehicle

"It was then pointed out to HAYNES that on July 15, 1976, at the time that State and Federal Investigators were on his property and had recovered a stolen 1973 Cadillac, a 1971 red Ford truck, cab without wheels or engine, was located among the salvaged vehicles located on his lot." (Appendix p. 8-9)

For a discussion of the application of the harmless error rule to cases involving violations of the Sixth Amendment see footnote 10, United States v. Mayer, 556 F.2d 245, 252 (5th Cir. 1977)

The witness, Lieutenant Ernest Hardigree, was asked:

Q: Where did you watch Mr. Wilemon pick up that piece of paper?

A: I rather not answer that. (R. 281-284).

The government objected and the objection was sustained after a bench conference.


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raviprakash sunkara sunkara.raviprakash.feb14 at gmail.com
Thu Apr 12 08:03:33 CEST 2007

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Dialysis Results

  • Dialysis tubes were prepared for adenosine deaminase (ADA) fractions 2 and 8 on 11/14/12. The ADA were removed from the dialysis tubes.
  • ADA fraction 2 appeared clear and colorless with no signs of precipitation.
  • ADA fraction 8 precipitated out of solution.

Kinetics of ADA

  • The activity of ADA was measured by monitoring the absorbance of inosine over time.

Volume of ADA (μL) Concentration of ADA (μM) Volume of phosphate buffer (mL) Concentration of phosphate buffer (M) Volume of adenosine (μL) Concentration of adenosine (mM)

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Friday, August 12, 2011

Who Won Last Night's Debate?

Nobody really won, but I would venture to say that Pawlenty, Santorum, Huntsman are history

Though a commendably and staunchly social conservative, Santorum was overly testy, and that didn't sit well with me. Exhibited a lack of poise. The grueling pace of an energetic campaign had clearly taken its toll. Lacks the gravitas needed to secure nomination. He's out. (Hope he runs for the Senate, or the House where his social conservatism can help shape legislation.)

Huntsman, surely a successful governmor, businessman and diplomat, was clearly shaking and quaking. Didn't inspire confidence at all. He's out. (More suitable for another ambassadorship perhaps?)

Pawlenty mishandled his defense against Bachman's barbs and didn't do himself any favors in the testy exchange with her. Lots of executive experience, but I'm afraid he's out. (Would like to see him as Secretary of Interior.)

A tad over the top, Bachman didn't do herself any favors either. She could have studiously pointed out Pawlenty's misguided policies as governor, e.g. Cap & Trade, without resorting to character assassination by describing Pawlenty's record as Obamaesque. That was just too much. She's clearly tough, fearless, but I still question whether her lack of executive experience is an insurmountable deficiency. Eventually, my guess is that she'll be out as well. (She would do well to remain in the House or run for the Senate.)

As always, I was impressed by Gingrich's feistiness and self-confidence, his ability to quickly think on his feet and his obvious mastery of subject matter. Detracting, however, were the flashes of petulence and impatience which do nothing to enhance his amiability. While he's not yet down and out, he needs to work on a more balanced "presidential" delivery. That said, he's still my favorite, though I remain troubled by his "establishment" predilection. (If not the nominee, would like to see him as HHS Secretary or Domestic Affairs Advisor to the President.) He's very bright and I wouldn't want us  to lose that cornucopia of competence and intellect.

Lost for me in the mix was Ron Paul whose foreign policy outlook remains impractical to most and, by in large, unconvincing to many of the rest. That said, his mastery of economics and advocacy of small government remain his towering  strengths. Arguably, on that score he was the best on the stage. However, his 18th century foreign policy stances are, I believe, his Achilles heel which will eventually eliminate  him from the running. He's out. (I would hope he'd eschew retirement and accept appointment as Secretary of Treasury. He would be stellar and transformational in that role.)

Cain exudes authenticity, and possesses that common touch and first-hand business experience. Though an outsider, clearly a plus for me, I just don't believe he's sufficiently polished and experienced, and for that reason I would be somewhat concerned about his ability to effectively deal with foreign leaders, much less our carnivorous  elitist press. (Would like to see him as Secretary of Commerce--if that superfluous bureaucracy is still around for any length of time after 2013.)

And then there's Romney. I see lots of window dressing, but I'm still unconvinced he's anything but a RINO. But, then, except for Paul, all the candidates are as well to varying degrees. I doubt his genuineness and commitment to small government. My guress is that he will not get the nomination, but I think he'll take his candidacy to the wire. (He should be in the next administration.)

So, I'm left with a feisty Newt Gingrich, the best and the brightest from my viewpoint, a carefully choreographed Romney and a thoroughly amiable but inexperienced Bachman.

Of the three, only Gingrich can effortlessly cut Obama down to size in any debate. But, there's the Gingrich amiability factor which militates against him. And on that score, Gingrich  has much work to do to endear himself to the electorate, thus negating Obama's seductive charisma, the most potent weapon remaining in his dwindling arsenal.

In any event, that's my humble take on last night'


text:
D.C. Circuit Rejected “Co-Belligerency” in Al-Bihani

by Kevin Jon Heller

In its motion to dismiss the ACLU/CCR targeted-killing lawsuit, the government claims (p.5) that Al-Aulaqi can be lawfully targeted because Al Qaeda in the Arabian Peninsula is “an organized armed group that is either part of al-Qaeda, or is an associated force, or cobelligerent, of al-Qaeda that has directed armed attacks against the United States in the noninternational armed conflict between the United States and al-Qaeda” (emphasis added).  In my previous post on the lawsuit, I argued that there was no justification for the government’s attempt — backed (and perhaps inspired) by conservative scholars like Bradley and Goldsmith — to import the concept of co-belligerency into non-international armed conflict.

I didn’t realize when I wrote my post, but the D.C. Circuit reached the same conclusion in Al-Bihani.  Indeed, it described the idea that co-belligerency applies in non-international armed conflict as “folly” (p.11; emphasis added):

Al-Bihani… [argues] that the 55th Arab Brigade was not lawfully subject to attack and detention. He points to the international laws of co-belligerency to demonstrate that the brigade should have been allowed the opportunity to remain neutral upon notice of a conflict between the United States and the Taliban. We reiterate that international law, including the customary rules of co-belligerency, do not limit the President’s detention power in this instance. But even if Al-Bihani’s argument were relevant to his detention and putting aside all the questions that applying such elaborate rules to this situation would raise, the laws of co-belligerency affording notice of war and the choice to remain neutral have only applied to nation states. See 2 L. OPPENHEIM, INTERNATIONAL LAW: A TREATISE § 74 (1906). The 55th clearly was not a state, but rather an irregular fighting force present within the borders of Afghanistan at the sanction of the Taliban. Any attempt to apply the rules of co-belligerency to such a force would be folly, akin to this court ascribing powers of national sovereignty to a local chapter of the Freemasons.

This is absolutely correct — and stands in marked contrast to Judges Bates’ willingness to rely on co-belligerency to uphold the detention of the habeas petitioners in Hamlily, a decision that includes the remarkable statement (p.16 n.16) that “[l]ike many other elements of the law of war, co-belligerency is a concept that has developed almost exclusively in the context of international armed conflicts.  However, there is no reason why this principle is not equally applicable to non-state actors involved in noninternational conflicts.”  (Apparently, U.S. courts only correctly interpret international law when doing so leads to the rejection of a detainee’s claim.)

Given the D.C. Circuit’s conclusion in Al-Bihani, why is the government still relying on the discredited notion of co-belligerency in Al-Aulaqi?

6 Responses

  1. Currently the US and various other nations have supplied military units to the NATO armed forces in Afghanistan. They are there as allies in an armed conflict between the US and the Taliban triggered by the 9/11 attack.

    Suppose, however, the US were to attack the nuclear facilities in neighboring Iran. That would create a new armed conflict between Iran and the US to which the other nations supplying troops in Afghanistan would not be a party. Under the international laws of co-belligerency, just because those nations supplied forces to join the US in one armed conflict does not make them part of any other armed conflict to which the US is also a party.

    During WWII although the US was allied with Britain and Russia against the Germans, up until the last months of the war the Russians were technically neutral in the armed conflict between the US and Japan. The fact that Japan and Germany were allied Axis powers and that the US and Russia were allied United Nations powers did not automatically trigger a war between Russian and Japan.

    Now one detainee claims that the 055 Brigade of volunteer foreign fighters was entitled to be notified of the outbreak of new hostilities between Afghanistan and the US and to be given the same right to declare neutrality in that conflict that members of the other NATO countries would have should the US become involved in a separate war against a different country.

    That the DC Circuit indicates that members of a Brigade component of the Afghan Army composed of foreign volunteers is not entitled under international law to the same rights to declare neutrality in a new conflict that would be afforded to a Brigade of a foreign co-belligerent state simply indicates that members of the 055 Brigade were members of the Army of Afghanistan under the Taliban and not members of some other army.

    Thus the statement that “the laws of co-belligerency affording notice of war and the choice to remain neutral have only applied to nation states” says nothing about whether non-state parties can or cannot be co-belligerents in a non-international armed conflict. Rather it says that the rules that apply to joint military operations involving the mixed forces of co-belligerent nations when one of those nations becomes involved in a new armed conflict do not apply to individual Brigades within the national army of a state when that army starts a new armed conflict, even when that Brigade happens to be formed out of foreign volunteers.

    The DC Circuit was not saying that the 055 Brigade could not be a co-belligerent because it was part of a non-state party. The Circuit said that the Brigade could not be a co-belligerent because it was an integrated part of the enemy army. Put another way, a decision that the French Foreign Legion is part of the French Army and is not a separate military force entitled to declare its own neutrality also provides no information one way or the other about whether AQAP and AQ are part of a single armed conflict with the US.

  2. No, the DC Circuit said that co-belligerency does not apply to a non-state actor in NIAC.  The quote speaks for itself.

  3. Kevin,

    As I stated in our previous exchange on this topic, I think an analysis of state practice regarding the nexus or level of affiliation between (or organization of) like-minded non-state actors in non-international armed conflict is needed.  For example, we called the various anti-Taliban groups in Afghanistan the “Northern Alliance” and basically treated them as one entity.  Were they?  Did the various warlords have a common purpose or only a common enemy?  Did the answer to that question matter for purposes of Taliban targeting (or, if they bothered, detention) decisions?

    As for why the government is still advancing this theory in spite of the Kavanaugh/Brown/Williams opinion, quite obviously the phrases you quote are non-binding dicta.  The various opinions issued in the course of the denial of rehearing en banc makes this clear.  The majority of D.C. Circuit court judges thought the Kavanaugh/Brown/Williams panel’s discussion of the inapplicability or irrelevance of international law was dicta.  The panel’s responses to that statement indicate that they truly believe international law is completely or largely irrelevant.  With all that being the case, who really cares what the panel said about the substance of international law on this point?

    Finally, and importantly, the concept of neutrality implicitly articulated by the phrases you quote seems misleading or oversimplified.

  4. John,

    That is exactly my point.  Bradley, Goldsmith, and Judge Bates have provided literally zero non-U.S. opinio juris or state practice for the idea that co-belligerency applies to non-state actors in a NIAC.  They simply claim that it does, as indicated by the quote from Judge Bates’ decision. Can you imagine what the U.S. response would be if another state reached a legal conclusion contrary to U.S interests by cavalierly deciding that there was “no reason” not to apply an IAC-specific rule to NIAC?

  5. Kevin,

    So then it would appear that the courts must engage in Paquete Habana-like analysis of the issue in response to the government’s claim.  We cannot dismiss the claim outright.  I would simply say that the concept of, or breadth of the term of art, “co-belligerency” is not the entire universe of the analysis needed.  Judge Bates doesn’t necessarily agree with the applicability of the term, only of the “principle” it generally describes.  On that point I tend to agree.  Whatever one calls it, it would seem to be the case that at least some like-minded, non-state actors are sufficiently affiliated or unified in purpose to be treated as one entity — or at least equally involved — in an existing armed conflict.  This eliminates the need for an entity-by-entity analysis of the existence of armed conflict.

    Let’s also keep in mind that the “conservative” view is that all of this international law stuff only “informs” the nature of authority granted by the AUMF; it doesn’t define or delimit it.  Thus, we have general and substantial powers without only vague (maybe even nonexistent) limits.

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  1. […] Heller claims that the D.C. Circuit in its al-Bihani panel opinion has reached the conclusion, with which he […]


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Stockton offers glimpse into cities that don’t have the political will to control their budgets

Crime is out of control in Stockton, and the city’s unwise financial management over a decade plays a big role in the problem.

As a Fresno Bee editorial says about the north Valley city: “Squeezed by its own profligate spending and the housing crash, it was forced to lay off almost 25% of its police force and cut pay and benefits for those who remained.

“Veteran officers retired or took other jobs. A police force of 441, already too small for a city of close to 300,000, dwindled to just 329. As the police ranks thinned, Stockton’s homicides ticked upward, from 24 in 2008 to 33 in 2009 to 49 in 2010. If this year’s trend holds, the number of homicides would triple in just four years.”

Stockton has filed for bankruptcy protection, but that doesn’t make its streets any safer.

In Fresno, finances aren’t as bad, but Mayor Ashley Swearengin has had to make several moves to protect the public safety budget. That includes outsourcing garbage service to collect annual franchise fees from the private companies. She first privatized commercial garbage service, and the City Council on Thursday took its second of three votes to privatize residential garbage service.

Swearengin will also have to get concessions from the police union. Unfortunately, she and the council unwisely extended the Fresno Police Officers Association contract until 2015. That limits the city’s options in trying to control city finances.

Even with garbage privatization maneuver, the city still faces a $5 million budget gap. Fresno isn’t Stockton, but it still has major financial problems.


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Friday, August 1, 2014 - 12:00am

Newly restored paintings by Oak Park artist Reginald Mars (1901-1973) featuring sports activities will be on display in the Oak Park Public Library Art Gallery in August. Originally installed in Ridgeland Common in 1968, these paintings depict sporting events within the community and were commissioned around 1962 when local architect Jack Barclay designed the building at Ridgeland Common. As time passed and the facilities were remodeled, the paintings were eventually put in storage.

In March 2011, the Park District of Oak Parks Art Advisory Committee hosted a kick-off fundraising event at Pleasant Home which featured architect Jack Barclay and Oak Park art conservator Timothy Lennon. The Park District of Oak Park later commissioned Lennon, who retired from the Art Institute of Chicago, to restore the paintings.

A reception hosted by the Park District of Oak Park and the Oak Park Public Library will be Sunday, Aug. 3, from 3 to 5 p.m. in the Gallery. The reception is free and open to the public. The Art Gallery is open seven days a week during regular hours at the Main Library, 834 Lake Street.

Adult & Teen Services


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Gender at home and work: Continuities and changes

Siann, G., Riley, S., Wilson, F. and Callaghan, M., 2000. Gender at home and work: Continuities and changes. Journal of Applied Social Psychology, 30 (12), pp. 2491-2512.

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This paper discusses the views that British men and women hold about gender roles. Drawing on a survey with over 4,000 university students and interviews with professional men and women, it is suggested that, while the majority of both genders are moving toward an egalitarian model of gender roles, men's views are more likely than women's to be constrained by an essentialist mode] of gender. The data presented indicate that men were more likely than were women to endorse traditional gender roles, to regard women as better equipped for child care than men, to believe that women's advances necessarily disadvantage men, and to believe that men's work opportunities have worsened in comparison to women's. Drawing on both the interviews and the survey, it is also argued that beliefs about gender roles tend to be mediated by individualist discourses, which exempt exceptional individuals from normative gender roles.

Item Type Articles
CreatorsSiann, G., Riley, S., Wilson, F. and Callaghan, M.
DepartmentsFaculty of Humanities & Social Sciences > Psychology
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Sunday, May 07, 2006

Don't try this at home

Well, on Saturday afternoon, 4:30pm to be precise, I decided to do something that I will regret for a long time. I moved an average size photo album from a table. Doesn't sound like much does it, but wait, it gets better. Upon reaching to grab the album, my back locked up and I was in such a huge amount of pain that I almost dropped to the floor right then and there. After crawling up the stairs (I was in the basement) and collapsing on the couch, I waited for about an hour until my wife got home so that she could take me to the doctor. Luckily she had a Percocet and I took that, otherwise I never would have made it to the car and the doctor's office without a whole lot of explatives and help. I have to give a huge "Thank you" to my wife for taking care of me and dealing with a lot. Marrying a nurse definately has it's perks. Also want to thank my neighbors Shane and Molly for watching my kids while I was at the doctors.

Turns out I slipped a disc in my back and now I get the fun of Percocet of my very own and a lot of laying around for the next week or so. No surgery needed or anything, but a whole lot of pain nonetheless, even with the drugs. First major injury in my life like this, so it's a bit wierd. Speaking of painkillers, let's see how Favre and the boys are doing (ok, low blow but still).

The Packers started minicamp and Favre actually showed up! Good to see. Gets to play some football, meet the staff and new players, maybe actually speak with Rodgers. Can only be a good thing. Plus, Favre has come out and said that he will not be discussing the retirement talk any longer this season. About damn time he comes out with a statement like that. Long overdue IMO, but at least it's been said.

Bubba Franks gave some insight into new Coach Mike McCarthy: "He's a no-nonsense type of guy, a little different from Mike (Sherman). He's stressing X's and O's. I kind of like it that way." I like that too, like that a lot. Goes with other reports that MM wants things done right, plain and simple. He's not going to worry if he offends someone or be their friend. Quite different from Sherman.

Mark Roman has become the latest whiner on the Packers. He has asked for his release since he doesn't want to try and compete with Manuel for the starting safety job. He claims he feels "disrespected" and other stupid crap. Gee Mark, think maybe your shitty performance the last 2 seasons may have been the factor here for the upgrade? Buh-Bye. The Packers have a very promising young crop of DBs on the team and they really don't need Roman. If they can get some Berry-flavored Gatorade Rain for him, I'd consider that a steal.

Jeramey said...

Roman has been nothing but a dissapointment.

Get well soon!

Sara said...

A photo album? What, lined with lead sheets or something? A photo album? Geez. And you are a year younger than me! Get well soon! You old man, you!

Cheesehead Craig said...

Thanks guys. Just one of those wierd injuries that I cannot explain. Much much better today, but still not going to work.

Percocet Prescription Information said...

My name is Monica Stone and i would like to show you my personal experience with Percocet.

I am 35 years old. Have been on Percocet for 7 days now. It did help the pain but the side effects weren't worth it. I'd rather have the pain.

I have experienced some of these side effects-
nausea, very itchy, racing heart, anxiety, flashing lights(almost hallucinogenic?), weird dreams, tiredness

I hope this information will be useful to others,
Monica Stone


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The Hat. The Icon. The Legend.

 Remember the good old days, when Mullet haircuts reigned supreme? Moustaches were so big and bushy they could store food. Shirts were worn half open exposing enough silver and gold to make Mr. T proud...
And then there was the Terry Towelling hat.
Ah, the Terry... No summer activity was complete without it. From throwing a Frisbee, to throwing a snag on the Barbie – the classic Terry Towelling hat became part of our culture. No hat was ever as comfortable nor as practical in keeping the hot Aussie sun from burning your noggin!
Well, drop the potato salad – because it's with great-unadulterated pleasure that we shout from the banana loungeThe ORIGINAL TERRY is back!
Fancy TerryBUY NOW

But it's not just any hat. This one's magical.*

  1. Fluffy terry-towelling exterior, perfect for attracting attention.
  2. Original Terry label. If it doesn't have this, it's not the full quid.
  3. Luxurious cotton lining - Just like the old ones.
  4. Compact brim. No more dropped catches due to line-of-sight issues.
  5. Super-secure name-writing area. Put your name here an she's your for life.

*Actual hat is not magical, it just feels magical.

Dark TerryA Classic, made more classic-er.

The Classic white Original Terry is a classic – And it’s white. But what if you want to bust out a Tulip Red Original Terry? What about Sunflower Yellow? Bahama Blue? Goldfish Orange? Tropical Green?

Easy-Peasy, Lemon Squeezie! Custom dye your Original Terry to create a truly “Original” Original Terry. Choose your colour and follow these simple steps and tips to give your Tez a splash of colour!

Now stop mucking around and pick yourself a Terry!


text:
Orlando,Inc.Orlando, Inc. is a line of business of the Central Florida Partnership focused on Regional Entrepreneurship.
A "Five-Star Chamber" - the highest level of achievement awarded by the U.S. Chamber of Commerce - we are aligned with the Central Florida Partnership in moving "Ideas to Results."

myregion.orgmyregion.org, focused on "Regional Research and Resolves," is helping to shape Central Florida's future.
As a line of business of the Central Florida Partnership, myregion.org moves "Ideas to Results" by identifying and examining changing demographics and powerful trends that define our region.

Leadership OrlandoDeveloping regional leaders is important to the future success of the Central Florida Region. That is why Leadership Orlando is a line of business for the Central Florida Partnership. Focused on cultivating and recruiting emerging leaders, Leadership Orlando, America's largest "Community Leadership Program," is moving "Ideas to Results."

BusinessForceAffecting positive change in Central Florida requires strong "Regional Public Policy Advocacy."
BusinessForce, a line of business of the Central Florida Partnership, is moving "Ideas to Results" by encouraging and supporting candidates for public office, and training civic, political and business leaders for public service.
May 27, 2015 - 11:41pm
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Navigation You Tube twitter Facebook Video Gallery Photo Gallery EveryMonday 5 Star Chamber

Business Success Strategies

Business Success Strategies is an invitation-only breakfast where featured business leaders share their skills, experience and best practices that lead to success. Attendees access new tools, ideas, resources and connections that provide a competitive advantage, while exploring new opportunities.

Click here for a listing of Business Success Strategies events.

Special Thanks to Our Sponsors
Orlando, Inc. (Orlando Regional Chamber of Commerce) is an important line of business of the Central Florida Partnership and is specifically focused on regional entrepreneurship. We serve the growing needs of businesses and entrepreneurs by Connecting our Members to Success throughout Central Florida.
Orlando, Inc. (Orlando Regional Chamber of Commerce)  |  75 South Ivanhoe Boulevard  |  P.O. Box 1234  |  Orlando, Florida 32802-1234  |  P 407.425.1234  |  F 407.835.2500


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The Open UniversitySkip to content

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Smeeth, Liam; Thomas, Sara L.; Hall, Andrew J.; Hubbard, Richard; Farrington, Paddy and Vallance, Patrick (2004). Risk of myocardial infarction and stroke after acute infection or vaccination. New England Journal of Medicine, 351(25) pp. 2611–2618.

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State Education Department

Lexington School for the Deaf - Review of Procurement Practices (Follow-Up)

The Lexington School for the Deaf (School) is one of 11 private schools in New York State that receive operating aid directly from the New York State Education Department (Department) to provide educational services for certain types of disabled students. In audit report 2008-S-129, we examined the School's procurement practices and found it needs to strengthen controls over its procurement operations. We determined the School did not comply with Department guidance for procurements over $10,000 and $20,000. For purchases under these limits, we found the School did not comply with its own procedures. When we followed up with School officials, we found that they implemented both recommendations included in our initial report.dures.

For a complete copy of Report 2011-F-8 click here.


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[Top] [All Lists]

Re: skb_checksum_help

To: David Coulson <david@xxxxxxxxxxxxxxxx>
Subject: Re: skb_checksum_help
From: Thomas Graf <tgraf@xxxxxxx>
Date: Mon, 24 Jan 2005 16:15:10 +0100
Cc: "David S. Miller" <davem@xxxxxxxxxxxxx>, Herbert Xu <herbert@xxxxxxxxxxxxxxxxxxx>, kaber@xxxxxxxxx, netdev@xxxxxxxxxxx
In-reply-to: <>
References: <> <> <> <> <>
Sender: netdev-bounce@xxxxxxxxxxx
* David Coulson <41F50B6C.6010107@xxxxxxxxxxxxxxxx> 2005-01-24 09:51
> Thomas Graf wrote:
> >Yes, this might clear things up.
> is a production NS, so there is >500kbit/sec of DNS traffic to
> the box. Do you want me to restrict tcpdump to the /24 we were seeing
> traffic from which broke the kernel, or dump everything and send the
> part from around when the kernel fails?

After inspecting your iptables rule set I think it is a general UDP DNAT
problem under some circumstances. Some defragmentation weirdness in
prerouting might be invovled. It would definitely help to have a dump
of a complete ip fragments sequence causing this bug but I can't tell
what exactly is the cause just now so yes it might be a good idea to
limit the dump to the above subnet and hope the dodgy traffic comes
from the same subnet again.

<Prev in Thread] Current Thread [Next in Thread>


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Portrait of Anthony Brown

Anthony Brown

About Anthony Brown

Irvington, NJ

Born in Orange, NJ. I didn’t begin to express myself vocally until the age of fifteen, Music to me was just sound, until that day. I remember so clearly their was a melody ringing in my head for some time and would not fade away.I then began to sing it like i felt it, and that day, music began to live in me, bearing an energy that could settle a disturbed mind and lift a heavy heart…I work with a strong group of humble people (Blackfluid) that are unified, and dedicated to ensure that all blossom. I sing and write music with the intent to edify Christ. God bless…….

Top-10 Top-40 Top-40 Top-40 Top-40

More About The Artist

Portrait of Anthony Brown
Anthony Brown


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Wednesday, November 12, 2008

Almost Wordless

"Only when the last tree has died and the last river been poisoned and the last fish been caught will we realize we cannot eat money." ~Cree Indian Proverb~
Posted by Picasa

  1. And so I teach my children to work alongside me as I plant trees, and nurture the land, and feast on the best in life, naturally. Life is to be celebrated, nurtured, harbored, protected, NOT thrown away. As long as we keep sharing the beauty of life and the value of living it in harmony with our children we will forestall the bankruptcy feared in this proverb. (Notice I said forestall). Sadly our culture regularly proves that money truly is the ROOT of all evil.

    Let us celebrate and educate and emulate what is lovely, good, praiseworthy . . . and be encouraged that love endures.

  2. What a beautiful photo and a great Cree Indian proverb.

Please leave a comment here.
I love to hear what you think about my blog. Feel free to speak your mind. Please be honest.., but remember your manners.


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Online Edition
Thursday, May 28, 2015

Sean Payton

Saints over Colts: Destiny or too much Drew?

How many of you New Orleans Saints fans out there started wondering about all of this “destiny” talk when the Indianapolis Colts bolted out to a 10-0 in Sunday’s Super Bowl? Thanks to a stingy defense, a gambling coach and quarterback Drew Brees’ record-setting performance, destiny – and the Saints – prevailed. (February 8, 2010, Page 4A)

Colts or Saints – who are you pulling for?

The New Orleans Saints and Indianapolis Colts meet in two weeks in Super Bowl XLIV. Who are you for? Archie’s son, Peyton? Or the “hometown” Saints who are making their first Super Bowl appearance? In the end, it’s not that hard of a choice. (January 27, 2010, Page 4)

Oxford Eagle The Highlands, A Private Lake Community


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Port Washington

Lawyer picks at evidence but trial ordered for Diamond PDF Print E-mail
Written by BILL SCHANEN IV
Wednesday, 07 January 2015 20:11

Judge finds probable cause in case against actor charged in Port bar stabbing

    Dustin Diamond’s lawyer made an issue Monday of the fact police know of no one who saw the actor known for his role as Screech in the 1990s TV show “Saved by the Bell” stab a 24-year-old man during a Christmas night bar fight at Grand Avenue Saloon in Port Washington, but Ozaukee County Circuit Judge Paul Malloy wasn’t buying it.

    Malloy ruled during a preliminary hearing that there is probable cause to support the criminal charges against Diamond, 37, of Port Washington— one felony count of second-degree recklessly endangering safety and misdemeanor counts of carrying a concealed weapon and disorderly conduct-use of a dangerous weapon. The judge ordered Diamond to stand trial.

    “Is there a single witness, a single piece of video, a single photo showing (Diamond) lunging out, touching anyone with a weapon?” Diamond’s attorney, Thomas Alberti, asked Port Washington police officer Ryan Hurda, who investigated the bar fight.

    “No. Nothing definitive,” Hurda testified.

    But Malloy put the pieces together.

    A bartender saw Diamond with a knife and, in fact, Diamond admitted to police that he had a knife and brandished it at the bar.

    In addition, Diamond was seen scuffling with Port Washington resident Casey Smet, who suffered a knife wound to the right side of his chest near his armpit, Hurda said.

    “It didn’t happen by itself,” Malloy said.

    Hurda, who was called to the bar around 11:15 p.m., testified that by the time he arrived Diamond, his 27-year-old fiance Amanda Schutz and Smet were gone.

    He said bartender Mark Mueller told him he saw Diamond holding a knife and told him to put it down. Diamond refused and eventually left the bar with Schutz.

    Security video from the tavern shows Schutz get up from the bar where she and Diamond were seated, walk over to a group of people and confront a woman, Hurda said.

    Schutz, who was apparently upset that the woman was taking photos of her and Diamond, told police she shoved the woman, who retaliated by punching her, and a scuffle ensued, according to the criminal complaint.

    When Diamond attempted to intervene, he was pushed “forcefully” by Smet, Hurda said.

    Smet’s brother Craig said he pulled his brother away from Diamond when he heard the “snap of a knife,” Hurda said.

    “The fight is pretty much over by that point,” the officer testified. “That’s when Mark Mueller observes the knife in Dustin Diamond’s hand.”

    Smet said he was attempting to apologize to Diamond for an earlier confrontation between his girlfriend and Schutz when Diamond came toward him. Smet said he pushed Diamond, then his brother pulled him away, Hurda said.

    Smet said Diamond swung at him but he didn’t realize Diamond had a knife or that he had been stabbed until later. Smet was eventually treated by members of an ambulance crew at his house.

    “There was a fair amount of blood on his (Smet’s) sweater and white T-shirt,” Hurda said.

    Diamond told police that he brandished his knife “to deter the individuals who he believed were endangering this fiance, Amanda Schutz,”  and when he was pushed by Smet, he made a “swooping movement with his arm,” Hurda said.

    According to the criminal complaint, Diamond said he did not intentionally stab Smet but chaos broke out, people were grabbing him and he swung his arms to break free.

    During his cross examination of Hurda, who was the only witness to testify during the preliminary hearing, Alberti took issue with the initial description of Diamond’s knife as a switchblade.

    Hurda said it was not a switchblade but rather a folding knife “opened by a slight push of the blade.”

    After binding Diamond over for trial, Malloy disclosed that a witness in the case, Mueller, is the brother-in-law of Ozaukee County Clerk of Courts Mary Lou Mueller and the ex-husband of Deputy Clerk of Courts Connie Mueller. But, the judge said, that does not constitute a conflict of interest for him and he does not intend to recuse himself from the case.

    Alberti agreed, but said he would discuss the matter with his client.

    If convicted of the felony endangering charge, Diamond could be sentenced to a maximum of five years in prison and five years of extended supervision. He is free on $10,000 bail.

    Diamond is expected to enter a plea to the charges on Thursday, Jan. 22.

    Schutz is charged with one misdemeanor count of disorderly conduct in connection with the bar fight and is scheduled to make her initial court appearance on Wednesday, Jan. 14.

Group to step up fight against city land sale PDF Print E-mail
Tuesday, 30 December 2014 20:16

Residents will ‘ratchet up’ petition drive in effort to persuade Port council not to sell lakefront parking lot

    Residents who hope to persuade the Port Washington Common Council not to sell a city-owned lakefront parking lot for development plan to step up their petition drive next week.

    Pat Wilborn, who is organizing the drive, said the group decided to take a break during the holidays but will “ratchet it back up next week.”

    “During the holidays people aren’t thinking about this,” Wilborn said. “Once we get over the holidays, we’re going to start up in earnest.”

    The group will publish the petition in next week’s edition of Ozaukee Press for people to sign and submit, he said.

    “What we need is something that will get the petition outside the downtown district. That is the objective here,” Wilborn said, noting the petition is available to residents at a number of restaurants and shops downtown.

    The group, which Wilborn said is organizing under the name Citizens for a Clearer View of the Harbor, has been vocal in its opposition to a recent Common Council decision to declare a parking lot adjacent to the north end of the north slip surplus and seek development proposals for the property.

    Aldermen have said they will consider selling the property for private development that will create a year-round destination for tourists and residents, such as a brew pub.

    So far, Wilborn’s group has garnered “well over 400 signatures” on the petition, which urges aldermen “not to pursue the private development of this land and to consider a partnership with a local community group to develop this land as green space that would be available to all citizens and visitors of Port Washington.”

    The Greater Port Washington Kiwanis Club has proposed creating a park on the property. A public meeting to garner ideas for the park and volunteers to work on the project will be held from 5:30 to 7 p.m. Thursday, Jan. 22, at the Niederkorn Library.

    Wilborn said Citizens for a Clearer View of the Harbor plans to seek a meeting with Mayor Tom Mlada to discuss the property and its potential future use.

    “We want to work through this so we eliminate the potential for hurt feelings on either side,” Wilborn said.

    The group is interested in more than just plans for the parking lot, he added.

    “The group could have a long-term role ... to be more in touch with what’s happening with the Plan Commission and the city’s planning process,” he said, particularly as it pertains to the waterfront.

    “If we had been aware of this (plan) sooner, I think we could have headed this whole thing off.”

    Wilborn said the group hopes to persuade city officials to concentrate its development efforts to the downtown along Franklin and Main streets and Grand Avenue.

    On the lakefront, he said, the group would prefer to see one or two-story structures built closer to Jackson Street, reserving the areas closer to the lake for single-story buildings and leaving the waterfront free of development.

    “If Chicago can do it, Port Washington can certainly figure out how to do it,” Wilborn said.

Civic group forges ahead with plan for lakefront park PDF Print E-mail
Tuesday, 23 December 2014 20:14

Club wants land the city is intent on selling to remain public and is asking for residents to join the cause

    Even as Port Washington officials continue their quest to solicit proposals to develop city-owned lakefront land along the north slip, members of the Greater Port Washington Kiwanis Club are soliciting ideas for a park they would like to create on the same parcel.

    The club will hold a public meeting in the community room at the Niederkorn Library from 5:30 to 7 p.m. Thursday, Jan. 22, to solicit ideas for the park.

    “The Kiwanis Club wants to get a number of people together who are interested in creating a functional, attractive green space there,” club secretary John Sigwart said Monday. “That means so many things to people. We want people to think out of the box and come up with ideas.”

    The meeting will also help the club develop a core of volunteers to drive the effort to create Kiwanis Park, Sigwart said.

    Earlier this month, just before the Common Council voted to declare the property at the end of the north slip surplus land — paving the way for its possible sale — the club made a bid to create Kiwanis Park on the parcel.

    Almost a dozen people at the meeting asked aldermen not to put the land up for sale, saying lakefront property is a precious asset that should be retained by the community, not sold.

    A petition asking the city to consider retaining the property as green space has already garnered hundreds of signatures, and Pat Wilborn, who is coordinating the drive, said he hopes that total will reach 1,000 signatures in the coming weeks.

    That, said Wilborn, may get the attention of aldermen who have so far not been receptive to the group’s concerns.

    But Sigwart said the Kiwanis Club is not involved in the petition drive, adding the group has for years been hoping to create a Kiwanis Park in the city.

    “We want to work cooperatively with the city,” he said.

    The land along the north slip provides a perfect opportunity for the club and the city, he said.

    Its location makes it an ideal place to develop a spot where transient boaters, marina tenants, their guests, residents and tourists could relax with a picnic lunch, Sigwart said.

    The property is about halfway between Upper Lake Park and the South Beach, making it a natural resting spot, he said, and it is along the Ozaukee Interurban Trail, so bikers would also likely stop there.

    “What I like about Kiwanis Park there is its availability to so many people,” Sigwart said.

    A multi-level seating area could be created that would give people better access to the water while not hindering views from surrounding properties, he said.

    “There are a lot of opportunities,” Sigwart said. “We just need to identify them.”

    This isn’t the first time the Kiwanis Club has looked at the land at the end of the north slip for a park, Sigwart noted.

    When the club was seeking a location for Possibility Playground, it was the last site crossed off the list before Upper Lake Park was selected for the play area, Sigwart said.

    The development of Kiwanis Park could be done much like Possibility Playground, Sigwart added.

    The club would take ideas from the Jan. 22 meeting and incorporate them in a park plan created by a designer hired by the Kiwanis Foundation, he said.

    That plan would be created in conjunction with representatives of the marina and the Parks and Recreation Department, Sigwart said.

    “If the city thinks it might be a good idea, we could move ahead and start to raise money to create the park,” he said.

    Funds to actually develop the park would likely be raised throughout the community, Sigwart said, not just through the club — just as occurred with Possibility Playground.

    “It would have to be a larger community effort, but it would be one spurred by the Kiwanis Club,” he said.

    He suggested the city and Kiwanis Club jointly hire an appraiser to determine the value of the city-owned property.

    “I don’t think anybody has any idea now what it’s worth,” he said, adding the appraisal could be used to determine how much a developer should pay for the land and what its value as a park could be.

    Creating a park on the land could make the private property across Washington Street more valuable for development while retaining public lakefront land, Sigwart said.

    “I like the idea of the retail element being north of Washington Street,” he said. “You could even go three or four stories there and I don’t think anyone would be offended.”

    And while city officials are looking at the possibility of creating a destination attraction on the city-owned land, Sigwart said downtown Port will have a destination next year that can serve as a bridge between downtown and the lakefront — the Port Exploreum museum being developed by the Historical Society.

    “I think that’s going to be the destination everyone is looking for,” Sigwart said.

    Sigwart said that there are plenty of opportunities for the club and the city to walk away from the Kiwanis Park proposal if it isn’t feasible.

    If there isn’t enough interest or ideas generated at the Jan. 22 meeting, “Kiwanis could walk away,” he said.

    “If the concept plan catches on, great. If it doesn’t, you walk away.”

    But, he said, it’s something that ought to be considered.

Settlement pares Hwy. 33 assessments PDF Print E-mail
Wednesday, 17 December 2014 20:10

Port council reduces project-related charges for five city landowners, eliminates fees for town properties

    Port Washington aldermen on Tuesday reduced the assessments charged to five city property owners and agreed to eliminate the assessments charged to town properties to pay for improvements made to highways 33 and LL.

    The agreement settles a lawsuit filed a year ago by 11 property owners who argued that the assessments were unreasonable, saying their properties have not been “specially or reasonably benefitted” by the improvements to the roadways.

    City Administrator Mark Grams said Monday that officials have been negotiating the settlement for several months in an attempt to avoid a trial.

    Even though the city may recoup less money for the road work, he said, “you would end up spending more in legal fees” in a trial.

    Grams said the city is accepting a total of $9,953 less from the city property owners, in part as a recognition that the state paid less of the Highway 33 project than a typical highway project.

    While the state paid about 80% of the cost for Highway 33, he said, it paid more than 90% of the cost for Highway 32 when it was rebuilt.

    “We decided to take that into account,” Grams said.

    The city agreed to change the amount charged for the street work only, Grams said, not the amount charged for sidewalks, curb and gutter.

    The assessments for town property were dropped, Grams said, after the city looked at how other communities handle these charges.

    “Most other cities don’t put town charges on the final (assessment) resolution,” he said, while Port has traditionally assessed these properties but not collected the funds until the parcels were annexed.

    City officials agreed to eliminate the assessments, Grams said, but he noted that “That’s not to say the city won’t get the money eventually.”

    When these property owners seek annexation, officials will seek to collect the assessment amounts, Grams said.

    “Then it’s more of a negotiation when the property owner wants to annex into the city,” he said. “You end up negotiating with them when they annex anyway.”

    It’s not likely officials will forgive the assessment when the properties come into the city, Grams said.

    “I guarantee that won’t happen,” he said, although negotiations then could reduce or increase the amount.

    The town properties removed in the settlement are Christopher and Linda Witzlib, 1651 Willow Dr., whose assessment was $40,282; Stevlins LLC, 2440 Hwy. 33, $13,932; Raymond Last, 2364 Hwy. 33, $11,298; and Steven and Julie Boyea, 2498 Hwy. 33, $4,482.

    The assessments that were reduced include Bielinski Commercial LLC of Pewaukee, whose previous assessment of $17,368 was reduced by $4,042 to $13,326; Bielinski Homes Inc. of Pewaukee, whose previous assessment of $10,544 was reduced by $2,434 to $8,111; Made Investments LLC of Port Washington, whose previous assessment of $7,532 was reduced by $1,739 to $5,794; Nicholas S. Meier, 402 N. Heritage Rd., whose previous assessment of $4,921 was reduced by $869 to $4,052; and Schmidt Farm Property LLC of Cedarburg, whose previous assessment of $4,921 was trimmed by $869 to $4,052.

Town accepts county’s offer of new voting machine PDF Print E-mail
Wednesday, 10 December 2014 21:14

    An agreement to have Ozaukee County purchase a new voting maching for the Town of Port Washington was approved by the town board last week.

    “They’re going to buy the equipment so every community in the county is going to be using the same equipment,” Town Clerk Jenny Schlenvogt told the board. “I think it’s more than fair. It makes their job easier, and ours, too.”

    The county will study the various machines that are available and purchase the one that works best and is the best buy, she added.

    County Clerk Julie Winkelhorst said the county is poised to purchase new voting machines to replace those currently used by the municipalities at an estimated cost of $550,000.

    The County Board agreed to buy the machines in September, and the Finance Committee recently reviewed an intergovernmental agreement spelling out the responsibility of both the county and its municipalities in regard to the purchase.

    “We want all the municipalities to be on the same equipment,” Winkelhorst said. “We don’t want to have issues like some other counties have had.”

    The new voting machines will replace those purchased by the county in 1998.

    The existing machines are still reliable, but the technology, which is from 1991, is outdated, Winkelhorst said.

    The optical scan equipment hasn’t been made since 2006, according to the resolution authorizing the purchase of the equipment approved by the County Board in September.

    “They’re very trustworthy,” Winkelhorst said. “We just want to take care of things before there are problems.”

    Port Washington City Clerk Susan Westerbeke agreed that the time to replace the machines is now.

    “The machines are really tired,” Westerbeke said. “A number of us have had to have them repaired. This has been a very good quality machine, but you don’t want to wait until there are major issues before you replace them.”

    The county hopes to jointly purchase the equipment with other counties in the state, which could potentially bring down the price, Winkelhorst said.

    The county would buy 32 machines, enough to replace all of those used by municipalities during the April 2014 election, according to the memorandum of understanding. The municipalities, in turn, agree to use the machines through 2020. Otherwise, they will have to repay the county for the machines.

    Any additional machines would be the responsibility of the municipality.

    According to the agreement, the county would buy three machines for the City of Port Washington, one for each of the city’s polling places, and one for the Town of Port.

    The Village of Grafton would also get three machines, while the town would get one. The villages and towns of Saukville, Belgium and Fredonia would each get one machine.

    While the county would be responsible for buying the new machines, the municipalities would be responsible for training its election workers, the agreement states.

    Although the county is expected to buy the machines next year, Winkelhorst said, they will probably not be used until the spring 2016 election — in part because there isn’t a fall 2015 election scheduled.

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Getting results you want from P90X training

The key to the amazing results this program is capable of delivering is how the workouts are both consistent and intense. The majority of the exercises done in this program are combinations of several exercise or they have been modified in some may to include more muscles. Your metabolism will also be increased because of the increase in the amount of calories you will be burning everyday during the workouts.

You will even burn more calories when you sleep! How does this happen? Well, since you will be working your muscles, they will be developing and growing some of which takes place as you sleep. When muscles are developing they also burn calories all of which is due to increases in physical activities as with this program.

Is P90X just another bodybuilding program?

There is a common misconception about fitness, because many people associate fitness with body building. When bodybuilding is really only about enlarging muscle groups. Now, I’m not saying to totally disregard bodybuilding as it has many positive features. It’s just that bodybuilding isn’t as effective as far as weight loss is concerned.

Now consider this: It has been shown in new surveys that when people participate in workout routines that use all the muscle groups they can burn up to twice as many calories in less time as compared to other less intense workouts that only focus only on certain muscle groups.

P90X strives to use all the muscle groups and not to try and build or enlarge specific muscles. The idea is to create a sculpted beach body that is always burning calories-even while you dream! P90X accomplishes this by intense workouts that will work all the muscle groups and yet carve out each group.

The workouts were designed with the beginner in mind. Tony Horton made them with the idea that people who do the workout will become stronger as they move through the program. Each phase gets you ready for the next phase. As the phases progress they become more and more demanding. This will not let your body become used to the movements. You don’t want your body to become adapted to the exercises because it will result in a plateau in your weight loss. This stems from the concept that when you first start a fitness program that your body isn’t used to, you loose weight quickly. But as your body becomes accustom to the program (because of doing the same exact routine all the time) it adapts to the exercises in the program. This is when your weight loss “plateaus”. The P90X routines are different for everyday so you don’t become bored and your muscles can never completely adapt to the movements.

As you can tell by reading through this article, P90X is very different from other fitness programs you may have tried in the past. It is based on more complex concepts than go deeper than “just do exercise and loose weight”.


text:
Tuesday, January 4, 2011

A Brisk Rub-Down Leaves The Body Aglow

The holidays are officially over. Well, not yet, we still need to return the tree and decorations to storage. But I did just pay the American Express bill.

The big present for us this year was our new iMac. I bought JB yet another camera. But his gift to me was the best.

Several years ago I participated in my first and only eBay auction. I bought a single page from a 1917 National Geographic magazine. An advertisement for Ivory Soap by illustrator J.C. Lyendecker.

Many biographers have speculated on J. C. Leyendecker's sexuality, often attributing the apparent homoerotic aesthetic of his work to a homosexual identity. Without question, Leyendecker excelled at depicting male homosocial spaces (locker rooms, clubhouses, tailoring shops) and extraordinarily handsome young men in curious poses or exchanging inexplicable glances.

I'd read about this particular work on The Commercial Closet and when I saw the ad for sale on eBay, I couldn't resist. I was concerned it might be a reproduction, but it was obviously an original magazine page.

For almost ten years it sat in my filing cabinet. Imagine my surprise when I opened my present to find my ad beautifully framed. What a wonderful and thoughtful gift, which now hangs proudly in my bathroom.

  1. Hey, cool! This is going to make me want to pee at your house more.

  2. LOL! First of all, unless you have a radical technique, you'll be facing the wrong way. Second, even if that weren't the case, it would take you at least four trips to read the entire thing.


text:
Sardar Abdur Rashid Khan

Sardar Abdur Rashid Khan

Sardar Abdur Rashid Khan

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Sardar Abdur Rashid Khan (1906 - ?1995) was a senior police officer from the Khyber-Pakhtunkhwa province and cabinet minister in Pakistan.

Born in Dera Ismail Khan, Sardar Rashid was educated at Islamia College Peshawar. he then joined the Indian Police (IP) and was serving as the Deputy Superintendent of Police in Peshawar City when Pakistan became an independent country on August 14, 1947. He was one of the senior most police officers in the newly emergent country.

Sardar Rashid rose to become the Inspector General of Khyber Pakhtunkhwa Police, but resigned from the police service on April 23, 1953 when he was appointed as the 8th Chief Minister of the Khyber-Pakhtunkhwa. His nomination was controversial in that he was handpicked by his predecessor Abdul Qayyum Khan. However, he proved to be a popular choice, and in November 1953 he was elected as the provincial president of the Muslim League despite the efforts of Abdul Qayyum Khan to retain the post for himself following his elevation to the Central Government.

He remained Chief Minister until July 18, 1955, when he was forced to resign because of his opposition to the ""One Unit Scheme"". He was succeeded by Sardar Bahadur Khan (older brother of General Ayub Khan) who secured approval from the provincial assembly for the controversial scheme.

Sardar Rashid joined the Republican Party and was elected as a Member of the West Pakistan Assembly when the ""One Unit Scheme"" came into...
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text:
Child from Beit Ommar Imprisoned for the Second Time this Year

25 September 2012

During the night raid Monday 24th of September the Israeli occupation forces also raided the house of the Ramzy Al Alamy family in Beit Ommar.

Their 15 year old son, Hossein Ramzy Al Alamy, was arrested on March 31st 2012 when he was attending a peaceful demonstration in Beit Ommar. When he was released the judge told Hossein that if he was seen at a demonstration the next four years he would be jailed for seven months.

Monday 24th of September the occupation force wanted to arrest Hossein again. They accused him of participating in peaceful demonstrations next to the colony Karmei Tsur. The occupation forces did not find Hossein at home, and handed his father, Ramzy, an order for Hossein to meet with the military officers in the Gush Ezion colony.

Hossein Ramzy Al Alamy with his family

PSP were informed that Hossein and his father went to Gush Ezion around noon Monday 24th. Ramzy returned without his son who now is imprisoned awaiting a court meeting which is not yet scheduled.