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Wednesday, February 18, 2009

The largest class action in Victorian history was commenced at the Supreme Court of Victoria on Friday the 13th by Slidders Lawyers against electricity distribution company SP AusNet and the Brumby Government in relation to the Kilmore East fire that became part of the Kinglake complex.

Because of the lawsuit, SP AusNet SPN.AX’s shares on Monday have dropped more than 13.36 per cent or 14.5 cents, to an intra-day low of 94 cents, was at 98.5 cents at 10:38 a.m. local time, before recovering slightly to be 7.5 cents lower at A$1.01 by 1144 AEDT (0003 GMT) or 6.9 percent in Sydney trading. Shares in SP AusNet closed 3.7 percent lower at A$1.045 on Monday.

Power supplier SP AusNet said it has asked the Victoria Court regarding the status of the class action proceedings saying the firm had insurance policies in place consistent with industry standards. “SP AusNet will continue to update the market as further information becomes available,” the company said.

The claim has focused on alleged negligence by SP AusNet in its management of electricity infrastructure. It maintains most of the power lines in eastern Victoria. Its fallen power line is believed to have sparked the blaze that tore through Kinglake, Steels Creek, Strathewen, Humevale, and St Andrews. The plaintiffs include thousands of angry Kinglake farmers, small business owners, tourist operators and residents who lost homes.

Leo Keane, the lead plaintiff in the class action has alleged “SP AusNet owed a duty of care to landowners to operate and manage power lines in a way that limited the risk of damage from bushfires.”

On Thursday Phoenix Taskforce had taken away a section of power line as well as a power pole from near Kilmore East, part of a two-kilometre section of line in Kilmore East that fell during strong winds and record heat about 11am last Saturday. It was believed to have started the fire there, since within minutes a nearby pine forest was ablaze, and within six hours the bushfire had almost obliterated nearly every building in the towns in its path.

“It is believed that the claim will be made on the basis of negligent management of power lines and infrastructure,” Slidders Lawyers partner Daniel Oldham said. The law firm has announced it was helping landowners and leaseholders get compensation for the 2003, 2006, 2007 and 2009 bushfires. “If you have been burnt by the recent bushfires, please register your interest using the form below as soon as possible,” the law firm’s website stated.

The Insurance Council of Australia has placed the cost of the bushfires at about $500 million. “That means keeping electricity lines clear of trees and in a condition that won’t cause fires. They must also have systems in place to identify and prevent risks occurring,” Melbourne barrister Tim Tobin, QC, said. According to the 2006 census, Kinglake had a population of almost 1,500 people.

But SP AusNet’s legal liability has been limited at $100 million under an agreement inked by the former Kennett government with private utility operators, when the former State Electricity Commission was privatized in 1995. Accordingly, the Brumby Government could be legally obliged to pay damages of the differences amounting to hundreds of millions of dollars.

SP AusNet Ltd said some of its electricity assets have been damaged by the Victoria bushfire. “As a preliminary estimate, it is thought that damage has been sustained to approximately one per cent of SP AusNet’s electricity distribution network, mainly distribution poles, associated conductors and pole top transformers,” SP AusNet said in a statement to the Australian Securities Exchange (ASX). It explained that up to 6,000 homes and businesses on its network were without power due to bushfires, including the Kinglake complex fire, Beechworth fire, and fires across Gippsland including Churchill and Bunyip.

SP AusNet said the firm will cooperate fully and will assist in any fire probe. “We stand ready to assist the relevant authorities with their inquiries if it is necessary for us to do so now and in the coming months,” SP Ausnet spokeswoman Louisa Graham said in a statement.

“Our priority is to restore power to fire-affected areas as quickly as possible. We believe the claim is premature and inappropriate … SP AusNet will vigorously defend the claim. If the claim is pursued, SP AusNet advises that it has liability insurance which provides cover for bushfire liability. The company’s bushfire mitigation and vegetation management programmes comply with state regulations and were audited annually by state agencies,” Grahams explained.

Victorian Auditor-General Rob Hulls said “there was an ‘unseemly rush’ by some lawyers to sue before the cause of the fires had been fully investigated.”

“The government body had audited the network’s bushfire risk to make sure required distances between power lines and vegetation were maintained. Power companies had been given a clean bill of health, and electricity firms were judged to be ‘well prepared for the 2008-09 bushfire season.’ There were no regulations applying to the distances between poles supporting electricity lines and spans of one kilometre were not unusual,” a spokesman for Energy Safe Victoria explained.

Christine Nixon, the 19th and current Chief Commissioner of Victoria Police said investigations into the cause of the bushfires were ongoing. “I know people are angry, and so are all of us in this community. But we need to kind of have a sense that the proper processes are in place and we need to go through the investigation and through the court case,” Nixon said. “At this stage we are not able to confirm how it started. I understand there is some legal action that people are taking, but at this stage we’re still investigating its cause. But the whole circumstances of that fire are part of our Taskforce Phoenix, and as we move through that we’ll be able to tell the community more once we’re able to confirm or deny what we think is the cause of these fires,” Nixon added.

On Thursday, two people were arrested in connection with the fires, having been observed by members of the public acting suspiciously in areas between Yea and Seymour; although they were both released without charges laid.

Brendan Sokaluk, age 39, from Churchill in the Gippsland region, was arrested by police at 4pm on Thursday, in relation to the Churchill fires, and was questioned at the Morwell police station. He was charged on Friday with one count each of arson, intentionally lighting a bushfire and possession of child pornography. The arson case relates to 11 of the 21 deaths in the dire Gippsland fire, which devastated 39,000 hectares in the Latrobe Valley, Calignee, Hazelwood Koornalla and Jeeralang. Two teams of Churchill firefighters were almost lost in the inferno that remains out of control.

Mr Sokaluk joined the CFA Churchill brigade in the late 1980s as a volunteer fire fighter, left in the 1990s and attempted to rejoin twice, but was rejected. He failed to appear in Melbourne Magistrate’s Court Monday for a scheduled hearing, since the court reset the committal hearing on May 25. He is represented by lawyer Julian McMahon.

Magistrate John Klestadt has lifted the suppression order which kept the suspect’s identity a secret but identifying photographs were barred from being released. Mr Sokaluk was remanded in protective custody from Morwell to a cell in Melbourne for his own safety amid fears angry prisoners will target him and real risk of vigilante attacks. He faces a maximum sentence of 25 years imprisonment if convicted on the arson charge.

“This is an extraordinary case. The level of emotion and anger and disgust that the alleged offenses have aroused in the community is unprecedented.” Mr Sokaluk’s defense lawyer Helen Spowart argued. The prosecution has moved the Court for more time to prepare its case, saying there would be up to 200 witnesses to interview.

Slater & Gordon has indicated that they were awaiting the report of the to-be-established Royal Commission, expected in late 2010, before initiating any claims.

Armed with a $40 million budget, the Royal Commission’s Chair Justice Bernard Teague will be assisted by former Commonwealth ombudsman Ron McLeod, who led the inquiry into the 2003 Canberra bushfires, and State Services Authority Commissioner Susan Pascoe. The Commission has said its interim report is due on August 17 while the final report will be submitted by July 31, 2010.

Judge Bernard Teague has announced Tuesday he will meet with fire victims and fire authorities within the next two weeks. “We want to do that as soon as possible – probably not next week but starting to have these discussions the week after,” he said.

Julia Eileen Gillard, the Deputy Prime Minister of Australia and deputy leader of the federal Australian Labor Party (ALP) said the federal and Victorian governments would respond quickly to the royal commission’s report. “Everybody who has lived through this experience in Victoria and around the nation has asked the question: ‘Why? What can we do better?’. No one wanted to see the report “as a book on a shelf gathering dust,” she said.

Victoria bushfire experts, led by Forest Fire Victoria – a group of scientists and forestry experts – have condemned the government’s “Living with Fire” policy and the state’s failure to initiate serious fuel-reduction programs. The Victoria government had failed to seriously act on bushfire safety recommendations submitted last June by the Victorian Parliamentary Environment and Natural Resources Committee.

As death toll rises, evidence mounts of lack of planning prior to Australia’s worst bushfire. “Living with Fire” policy means Kinglake fire trucks were dispatched to an earlier fire in Kilmore, leaving Kinglake undefended. “Kinglake was left with no fire brigade and no police. The trucks had been sent to Kilmore. I’ve been in the fire brigade for 10 years. There was always a law—the trucks had to be on the hill. Because of the government we got gutted at Kinglake. They should have been getting generators ahead of the fire—so people would have had a chance of fighting it. As soon as the power went, I couldn’t keep fighting the fire at my place,” Rick and Lauren Watts, and their friend Neil Rao, spoke to the WSWS.

Rick has also criticized the lack of early warning communications systems, since emergency siren warnings in the town had been stopped some years earlier. Humevale resident Sina Imbriano who has six children was angry about the failure of state and federal governments to set up a recommended telephone warning system amid its “stay and defend or go” policy. Bald Spur Road residents Greg Jackson and his wife Fotini said the government’s “stay and defend or go” policy was “fruitless” since the critical issue was early warnings, but “they [the government] just won’t spend the money.”

Also on Friday, five law firms from Victoria’s Western Districts, including Warrnambool-based Maddens Lawyers and Brown & Proudfoot, held a meeting to discuss a potential class action in relation to the Horsham fire, which was also thought to have been started by fallen power pole that burnt vast swathes of land in Mudgegonga and Dederang, Victoria. The lawsuit will also focus on the fire that blackened about 1750 hectares at Coleraine.

Maddens senior attorney Brendan Pendergast said: “We don’t know who the defendant is at this stage. We are unsure who the electrical supplier is for that area but we should know in a few days. There were people who had their homes burnt to the ground and they will need to reconstruct, replace their contents,” he said. Maddens has initiated a register of affected landowners for the recent bushfires, saying the firm has included victims of the Pomborneit fire that burnt almost 1300 hectares in the proposed class action amid the CFA’s statement the blaze could have been deliberately lit.

Frances Esther “Fran” Bailey, Liberal member of the Australian House of Representatives (1990-93 and 1996-present), representing the electorate of McEwen in Victoria said the Country Fire Authority (CFA) had told her one of the power lines had broken before the fire.

“The local CFA [Country Fire Authority] told me on that Saturday, with those very high winds, one of the lines had broken and was whipping against the ground and sparked,” she said. “Whether or not that is the cause of that terrible fire that actually took out Kinglake and maybe Marysville, the investigations will prove that, but we’ve got to do better,” she added.

Victorian Premier John Brumby said the power line claim would be examined as part of the Royal Commission into the bushfire. “No stone will be left unturned. So, I think it’s important the Royal Commission does its work. And, the Royal Commission will, of course, look at all of the factors with the fires,” Mr Brumby said. At least 550 houses were incinerated and 100 people have been killed, leaving more than 1,000 homeless in the Kinglake bushfire and surrounding areas.

SP AusNet – Singapore Power International Pte Ltd is a wholly-owned subsidiary of Singapore Power Limited (51% interest in SP AusNet). SP AusNet’s electricity transmission and distribution networks, along with the gas distribution assets, enable it to deliver a full range of energy-related products and services to industrial and domestic customers in Victoria, Australia.

Singapore Power ( ?????????) is a company which provides electricity and gas transmission, distribution services, and market support services to more than a million customers in Singapore. As the only electricity company in Singapore, and also one of its largest corporation, SP was incorporated as a commercial entity in October 1995 to take over the electricity and gas businesses of the state provider, the Public Utilities Board. Since 1995, Temasek Holdings controls the entire company with a 100% stake. SP is involved in a major investment in Australia‘s Alinta in partnership with Babcock & Brown, after putting up a bid of A$13.9 billion (S$17 billion), beating out a rival bid by Macquarie Bank.

The devastating 2009 Victorian Black Saturday bushfires, a series of more than 400 bushfires across Victoria on February 7 2009, is Australia’s worst-ever bushfire disaster, claiming at least 200 deaths, including many young children, and is expected to pass 300. 100 victims have been admitted to hospitals across Victoria with burns, at least 20 in a critical condition, and 9 on life support or in intensive care. The fires have destroyed at least 1,834 homes and damaged many thousands more. Many towns north-east of Melbourne have been badly damaged or almost completely destroyed, including Kinglake, Marysville, Narbethong, Strathewen and Flowerdale. Over 500 people suffered fire-related injuries and more than 7,000 are homeless. It has scorched more than 1,500 square miles (3,900 square kilometers) of farms, forests and towns.

The Supreme Court of Victoria is the superior court for the State of Victoria, Australia. Founded in 1852, it is a superior court of common law and equity, with unlimited jurisdiction within the state. Those courts lying below it include the County Court of Victoria, the Magistrates’ Court of Victoria and the Victorian Civil and Administrative Tribunal (which is technically not a court, but serves a judicial function). Above it lies the High Court of Australia. This places it around the middle of the Australian court hierarchy.

Friday, September 29, 2006

Diamond Brownridge, a 5-year old girl from Chicago, Illinois, has died after a visit to the dentist. Children’s Memorial Hospital officials say that the girl was rushed to the hospital when she never woke up after being sedated for a dental procedure. She had been in a coma, on life support, since being admitted to the hospital early in the weekend.

“She passed very peacefully and beautifully,” said the hospital in a statement that the family issued.

Ommettress Travis, the mother of the girl, was asked not to remain inside the room while dentists were operating on the girl to repair two cavities and to have at least two caps replaced. Travis says after thirty minutes she was asked to come back in and found Brownridge not breathing, in the dentist chair.

Hicham Riba, a specialist and professional in anesthesia, who was also licensed, was the dentist in charge of the procedure.

“My family and I are so sad. May God bless Diamond and her family. Every time you have a tragedy like this, you pray more. I don’t think I will ever go back to a normal life after an experience like this,” Riba said in a statement on Wednesday, September 28.

According to the family, the girl had been given at least a triple dose of medicine that sedated her. Those drugs include: nitrous oxide gas, a single dose of an “oral agent” and an IV.

A judge has ordered that all equipment and materials used during the operation be protected and examined. The girl’s medical records have also been ordered to be examined.

There is no word on whether or not any charges will be filed against Riba or any of the dentist’s staff.

Wednesday, January 6, 2010

File:Tuna.jpg

This Tuesday, at a wholesale auction at the Tsukiji fish market in Tokyo, a 512-pound bluefin tuna was sold for over sixteen-million yen ($177,000 USD). The great fish was bought and then shared by the owners of a local sushi restaurant and a Hong Kong-based dining establishment. This tuna is the most expensive fish sold on record since 2001, when a 440-pound tuna was sold for over twenty-million ($220,000) at the very same market.

When asked by local media outlets why he decided to purchase this giant tuna, the Hong Kong restaurateur said, “I want[ed] to make an impact on the Japanese and Hong Kong economies by buying the highest-priced tuna.”

This locally caught tuna was among over two-thousand others bought and sold at this bustling fish market. Japan is the world’s largest consumer of seafood per annum. With tuna being a major staple of their cuisine, the Japanese eat nearly eighty-percent of all commercially caught bluefin.

However, tuna consumption in Japan has declined over recent years due to the change in the spending habits of its people as a result of economic downturns from the most recent recession.

“Consumers are shying away from eating tuna…We are very worried about the trend,” a spokesperson for the Tsukiji market told the Associated Press.

In addition to the lack of demand and declining tuna stocks, fishermen and wholesalers worldwide are worried by the possibility of tighter fishing regulations that will be sanctioned and enforced by the Japanese government. Despite this promise, many environmentalists say that this is not going far enough; they say that the only way to curb the inevitable extinction of the Pacific bluefin tuna is to initiate a trade ban on the fish altogether.

Friday, April 11, 2008

Wikinews held an exclusive interview with Jeremy Hanke, editor of MicroFilmmaker Magazine. The magazine, which is free to read online, was started as a resource for the low budget moviemaker and features book, independent film, equipment and software reviews as well as articles on film distribution, special effects and lighting.

He says that one of the goals of the magazine is to “connect low-budget filmmakers via a feeling of community, as many…..often compete so viciously against one another in film festivals for coveted “shots” with Hollywood, that they can quickly forget their similarities.”

When asked if films made on a shoestring budget can really compete with those made for millions of dollars, he replied, “no…yes…and absolutely. Allow me to explain.” And so he does in the interview below.

[edit]

Tuesday, September 25, 2007

Tom Tancredo has been a member of the United States House of Representatives since 1999, representing the 6th Congressional District of Colorado. He rose to national prominence for his strong stance against illegal immigration and his announcement that he was a Republican candidate in the 2008 Presidential election. David Shankbone recently spoke with the Congressman and posed questions from Wikipedia editors and Wikinews reporters:

DS: Throughout my life my father, a lifelong Republican and an avid listener of Rush Limbaugh, told me that all we needed in this country was a Republican Congress, Republican Senate and a Republican White House to get this country on the right track. Last year he expressed his disappointment to me. So many Republicans, like my father, feel lied to or let down by the party. The rationale for the Iraq War, the sex and bribery scandals, the pork barrel projects, and, as Alan Greenspan recently pointed out, the fiscal irresponsibility. People feel there have been many broken promises. Why should someone vote Republican today?

TT: The best reason I can give: we’re not the Democrats. The best thing we have going for us is the Democrats. Maybe that’s as far as I can go; I hope that there are candidates out there who will reflect and carry out the values that your father believes in when he votes Republican. To the extent you can ferret those people out from the others, that’s who he should vote for. The party was taught a pretty harsh lesson in this last election. I have noticed in the last several months we have done a better job of defending Republican principles as the minority than we ever did in the majority. I feel more in tune with the party now than I have throughout the Bush Presidency. Even before he came in, we were in the majority and we were still spending too much. Hopefully we can say that we were spanked by the American public and that we learned our lessons. There are true believers out there who will stick to their guns, and it’s a matter of principle. What’s the alternative? Hillary Clinton?

DS: You yourself said you would only serve three terms in Congress, but then broke that promise. What caused you to reverse yourself?

TT: What happened was this: having ‘lame duck’ stamped on your forehead in Congress when they know you are not going to be around. Then the committee assignments become less meaningful. That was just one of the factors. Far more significant was my becoming the most visible Congressional member on the immigration issue. When I came into Congress I approached Lamar Smith, who was “The Man” on immigration, and said to him, “I’ve come to help you on this issue.” I felt it was one of the most serious we face as a nation. Lamar said, “It’s all yours! I’ve had it with 10 years of busting my head against the wall!” I started doing special orders—that’s when you speak to an empty chamber and whoever is watching CSPAN–and I did that night after night and wondered if it was worth it; was anyone paying attention? Then I’d go back to my office to pick up my keys and I’d see all the telephone lines illuminated, and the fax machine would be going, and a pile of e-mails would be handed to me the next day. I realized: people pay attention. I started picking it up, speaking around the country, leading the caucus on it. In time it became apparent there was nobody to hand the baton to; there were supporters, but not one single soul was willing to take it on as their issue. It was the first year of my second term that I sent a letter to every supporter I had. I said I had come to this conclusion that at the end of my third term (which is three years away) I don’t know if I will run again or not, but that the decision would not be based upon the term limit pledge, because immigration issue makes me feel I have a responsibility I can not shirk. I said that if anybody who gave me money based upon my term limits pledge wanted it back, I would do so. I received maybe three requests.

DS: There are an estimated 12 million illegal aliens in the U.S. To round up and deport millions of people would be a major government undertaking, requiring massive federal spending and invasive enforcement. What level of funding would be necessary for U.S. Immigration and Customs to achieve the level of enforcement that you’d like to see?

TT: Only a relatively slight increase because the only thing you have to do, other than building a barrier on the southern border, is go after employers. We need to go aggressively after the employers, and try to identify some of the more high profile employers who are hiring illegal aliens. Go after them with fines, and if they are not only hiring them but also conspiring to bring them in, then they could go to jail. A perp walk would have a chilling effect. If you break that magnet, most illegal aliens would go home voluntarily. An article in the Rocky Mountain News stated there has been an employer crackdown in Colorado, and that they are going home or moving on to other states. If we did it nationally, they will return home, because the jobs are no longer available. It doesn’t have to happen over time or instantaneously. The costs to the American public for 12 million illegals are enormous and far more than are paid for by the illegal immigrants themselves in taxes.

DS: How long would full enforcement take for you to succeed?

TT: It would be a couple of years before employers were weaned off illegal immigrants and then a couple more years before you saw a really significant reduction.

DS: Can you explain your remarks about bombing the Islamic holy sites of Mecca and Medina as a deterrent to terrorists operating against the United States.

TT: The question I was answering was “What would you do if Islamic terrorists set off on or more nuclear devices in the United States?” My response was that we would need to come up with a deterrent, and that deterrent may very well be a threat to take out their holy sites if they did something like that in the United States. I still believe it is something we must consider as a possible deterrent because at the present time there are no negative consequences that would accrue to the people who commit a crime such as a nuclear, chemical or biological attack. There are no negative consequences; they may die in the attack but that is not a negative consequence for them. Usually they aren’t going to be state actors.

DS: But wouldn’t an attack on Mecca and Medina be an attack on a sovereign state?

TT: You are not attacking the state, but the religious ideology itself. Holy sites are not just in Saudi Arabia; there’s a number of them. In fact, Iran has one of the holiest cities in Islam. And I never used the word nuclear device; I was talking about taking out a physical structure. The reason I suggested it as a possible deterrent is because it is the only thing that matches the threat itself. The threat is from a religious ideology. Not just from Islam, but from a nation whose requirements include jihad against infidels, and we are a threat to their culture, which is why they believe we need to be destroyed. We must understand what motivates our opponents in order to develop a successful response. I’ve received death threats, enormous criticism, and I’ve been hung in effigy in Pakistan, but nobody has given me an alternative strategy that would be a deterrent to such an event. I guarantee when you read the national intelligence estimates, you would be hard pressed to not walk away from doing something.

DS: Aside from becoming President, if you could be granted three wishes, what would they be?

TT: It was the other night that I saw for the third or fourth time Saving Private Ryan and in the last scene Private Ryan asks, “Have I been a good man, have I earned it?” My greatest wish is to be a good father and to have earned everything I have been given in this life. And to be a better Christian.

DS: Farmers rely heavily on seasonal manual labor. Strict enforcement of immigration laws will inevitably reduce the pool of migrant labor and thus increase costs. Do you support tariffs or other government intervention to keep American farm products competitive?

TT: No, I don’t , because I challenge the premise of the question. The ability for farmers to obtain workers in the United States is only minimally hampered by the immigration process because there is, in fact, H-2A, the visa that is designed specifically for agricultural workers. We can bring in 10,000,000 if we want to. There are no caps. There are restrictions in terms of pay and healthcare benefits, and that’s what makes hiring illegal aliens more attractive. The costs would increase for certain agricultural interest, but it would be regional. You would also see a very aggressive movement toward the mechanization of farm work. We are seeing it today in a lot of areas. We saw it in the tomato industry with the Bracero Program. That was a program many growers relied heavily upon: workers, primarily from Mexico would come up seasonally, work, and then went back home. It was successful. But liberals ended the program as a bad idea because the immigrants couldn’t bring their families. When that happened, tomato growers said they’d go out of business. Lo and behold they developed machinery that can harvest citrus fruit, and now they are genetically engineering trees that have a thicker bark but are more flexible so they can be shaken by these machines. You’ll see it more and more.

DS: Do you agree that our forefathers intended birthright citizenship?

TT: No, the Fourteenth Amendment, upon which the concept of birthright citizenship is based, was a response to the Dred Scott decision.

During the original Senate debate there was an understanding that it wouldn’t be provided to people simply because they were born here, but instead to people under our jurisdiction. For instance, nobody assumes a child born to an embassy employee or an ambassador is a citizen of this country. There was an understanding and a reference to “under the jurisdiction” of the United States.

DS: You and Karl Rove engaged, in your words, in a screaming match over immigration, and Rove said that you would never again “darken the doorstep of the White House.” Are you still considered persona non grata at the White House?

TT: Yeah, even though he is gone, the President’s feelings about my criticism of him have not changed. It wasn’t my stand on immigration, it was my criticisms of the President that have made me persona non grata.

DS: Psychologist Robert Hare has discussed in his work the use of doublespeak as a hallmark of psychopaths, and social scientists have pointed out that the use of doublespeak is most prevalent in the fields of law and politics. Do these two trends alarm you?

TT [Laughs] Yes and no. Unfortunately doublespeak is all too characteristic of people in my profession.

DS: What is the proper role of Congress in the time of war?

TT: To first declare it, and then to fund it or not.

DS: Politics is dominated by lawyers. What other group of people or professions would you prefer to see dominate the field of politics and why?

TT: I can’t think of a particular profession from which I would be more comfortable drawing politicians from.

DS: Do you think lawyers are better for handling legislation and as politicians?

TT: No, they don’t offer anything particularly advantageous to the process. I don’t think it should be dominated by one profession. I’ll tell you what this profession is, and it doesn’t matter what field you come out of. There’s something I noticed here. I tell every single freshman I come across that there are very few words of wisdom, having only been here for ten years, that I can pass along to you but there is one thing I can tell you: this place is Chinese water torture on your principles. Every single day there is another drip, and it comes from a call from a colleague asking you to sign on to a bill you wouldn’t have signed on to; but it’s a friend, and it’s not that big a deal. Or a constituent who comes in and asks you to do something and you think it wouldn’t be such a big deal; or a special interest group that asks you to vote for something you wouldn’t vote for. After time it erodes the toughest of shells if one isn’t careful doesn’t think about it. Even if you recognize that these small steps lead to a feeling that remaining here is the ultimate goal; that the acquisition of power or the maintenance of power is the ultimate goal, that really does… it doesn’t matter if you are a lawyer or not, it does seem to have an impact on people. It’s a malady that is very common in Washington, and you have to think about it, you really do, or you will succumb to it. I don’t mean to suggest I’ve been impervious to these pressures, but I’ve tried my best to avoid it. One reason I am persona non grata at the White House is not just because of immigration, but because I refuse to support him on his trade policy, his education policy, Medicare and prescription drugs initiatives. I remember leaving that debate at 6:30 on a Saturday morning , after having the President call every freshman off the floor of the House to badger them into submission until there were enough votes to pass it. I remember a woman, a freshman colleague, walking away in tears saying she had never been through anything like that in her life. Here was a Republican Congress increasing government to an extent larger than it had been increased since Medicare had come into existence. Your dad should have been absolutely mortified, because it was against all of our principles. And I know the leadership was torn, but we had the President pressing us: we had to do it, we had to stay in power, the President is asking us to do it. Principles be damned. There were people who caved in that night who I never in a million years thought would.

And the threats! “You like being Committee Chairman?” Yes I do. “Do you want to be Chairman tomorrow?” And that’s how it happens. I was called into Tom Delay’s office because I was supporting Republican challengers to Republican incumbents. I had a group called Team America that went out and did that. He called me and said to me, “You’re jeopardizing your career in this place by doing these things.” And I said, “Tom, out of all the things you can threaten with me that is the least effective because I do not look at this place as a career.”

DS: You have supported proposed constitutional amendments that would ban abortion and same-sex marriage. You are also a strong supporter of the Second Amendment. Why do you believe that the U.S. Constitution should regulate medical procedures and personal relationships, but not gun ownership?

TT: The issue of medical procedures and relationships: I don’t really believe the federal government or any level of government has any business in determining about who I care about, or who anybody cares about, but I do believe they have a legitimate role, and the federal government has a responsibility, because of reciprocity. We are only one federal judge decision away from having gay marriage imposed on all states. That’s why there is a need for a Constitutional Amendment. I really believe a family–male, female, rearing children–I believe that is an important structure for the state itself, the way we procreate, which hopefully provides a stable environment for children. That is important to the state, and that’s why I think it’s legitimate. The reciprocity clause forces us into thinking about a Constitutional Amendment. I believe Roe v. Wade should be overturned because I think it’s lousy law, and many liberal jurists think it’s lousy because it read into the Constitution a right to privacy. I don’t’ see a connection between these things and the 2nd Amendment. Same-sex marriage and abortion, perhaps, but I don’t see a connection to the Second Amendment question. I support the 2nd Amendment because it is one of the most important we have. It’s a right we have to protect a lot of our other rights. And in our urban centers…and I don’t’ believe as some Second Amendment radicals believe that every single person has that right. I don’t think so! If you have committed a felony, or if you are a danger to yourself or someone else, then you shouldn’t be able to obtain a firearm, but law-abiding citizens should because it gives them a sense of security and protection against people who would do you harm. I don’t believe urban communities are more dangerous because people are allowed to own guns, but because dangerous people have guns. I would feel more comfortable if in the District of Columbia I could carry a concealed gun. I have a permit.

DS: You recently spoke out against the Black and Hispanic Congressional caucuses, stating, “It is utterly hypocritical for Congress to extol the virtues of a color-blind society while officially sanctioning caucuses that are based solely on race. If we are serious about achieving the goal of a colorblind society, Congress should lead by example and end these divisive, race-based caucuses.” Do you also believe there is no longer a need for the NAACP?

TT: No, I think it’s fine, because it’s a private organization, and people can belong to whatever private organization they want, and the need will be determined to a great extent by reality. If in fact people feel committed to an organization that they believe represents their interest, and it’s a voluntary association, that’s fine. All I’m saying is that for Congress to support these things, that run on money that is appropriated–though they fund them in a convoluted way, but it gets there– my point was about leading by example. If people said we don’t think it’s a good idea, maybe that would have an impact on how people feel about things like the NAACP. I would hope there would be, and I would assume Martin Luther King hoped–that’s his quite about a colorblind society–that there will come a time we don’t need them. That it’s an anachronistic organization. I also don’t believe in the creation of districts on race.

DS: You were one of a handful of Republicans who voted for a bill proposed by Maurice Hinchey and Dana Rohrabacher to stop the Department of Justice from raiding medical marijuana patients and caregivers in states where medical marijuana is legal, citing states’ rights concerns. On the other hand, you have suggested state legislators and mayors should be imprisoned for passing laws contrary to federal immigration law, and you support the Federal Marriage Amendment to ban gay marriage nationally. How do you reconcile these seemingly contradictory positions?

TT: We are talking about issues that are legitimately based upon the Constitutional roles of the state and federal government. I believe there is no Constitutional provision that suggests the federal government has a role to play in preventing states, or punishing states, over laws with regards to medical marijuana. I believe absolutely there is a role for the federal government for punishing states or laws when they contravene federal jurisdiction. For instance, protecting states against invasion. Immigration is federal policy, and there’s a law actually called “Encouragement”: you can’t encourage people to come in illegally or stay here illegally. I believe that is constitutionally a federal area.

DS: If you had to support one of the Democratic candidates, which one would it be and why?

TT: Although I couldn’t vote for him, if I had to support one for a nominee it would be Obama, and I would do so because first, I believe we could beat him [laughs], but secondly, and less cynically, I think it would be very good to have a black man, a good family man, and a very articulate man, to have him as a role model for a lot of black children in this country.

Tuesday, April 22, 2014

Coinciding with Easter Sunday, Glasgow Cannabis Social Club’s annual 420 event was held on Glasgow Green, under sunny blue skies, and overlooking the river Clyde. Despite the city’s council attempting to revoke permission for the gathering at the last minute, police were happy for it to go-ahead with approximately a dozen officers attending in high-visibility vests.

The Daily Record reported five arrests were made for minor offences, likely smoking and possession of small quantities of cannabis. Taking a less-sensational — and more accurate — line of reporting, the Monday edition of Glasgow’s Evening News stated five were referred to the Procurator Fiscal who is responsible for deciding if charges should be brought.

Official figures provided by the police were that 150 attended. With people coming and going, Wikinews reporters estimated upwards of 200 attended, compared to nearly 700 who had signed up for the event on Facebook. Hemp goods were advertised and on sale at the event, and some attendees were seen drinking cannabis-themed energy drinks.

“I was searched and charged under the Misuse of Drugs Act (which is a lot of bollocks)” one attendee noted online, adding “not fair to happen on a brilliant day like it was, other than that I had a great day!” A second said they were openly smoking and ignored by police, who “were only really focusing on people who looked particularly young”.

Cannabis seeds were openly and legally sold at the event and a hydroponics supplier brought a motortrike towing an advertising trailer. Actually growing cannabis is, however, illegal in the UK.

With the event openly advocating the legalisation of cannabis, speakers put their arguments for this to a receptive crowd. Retired police officer James Duffy, of Law Enforcement Against Prohibition, spoke of the failed United States alcohol prohibition policy; stressing such policies needlessly bring people into contact with criminal elements. Highlighting other countries where legalisation has been implemented, he pointed out such led to lower crime, and lower drug use overall.

One speaker, who produced a bottle of cannabis oil he had received through the post, asserted this cured his prostate cancer. Others highlighted the current use of Sativex by the National Health Service, with a cost in-excess of £150 for a single bottle of GW Pharmaceuticals patented spray — as-compared to the oil shown to the crowd, with a manufacturing cost of approximately £10.

Similar ‘420’ pro-cannabis events were held globally.

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