OC Political

A right-of-center blog covering local, statewide, and national politics

Will the Santa Ana Term Limits Lawsuit Be Dismissed by the Court?

Posted by Chris Nguyen on July 11, 2012

 You may have read the post by Emami yesterday or the Voice of OC article from Monday about the lawsuit filed by Santa Ana Parks and Recreation Commissioner Max Madrid, a staffer for State Senator Lou Correa (D-Santa Ana), to try to get Councilwoman Claudia Alvarez (D-Santa Ana) ruled eligible for another term despite her serving the maximum number of terms permissible under Santa Ana Charter Section 401 on the basis that when the term limit was changed from two terms to three terms was changed by Measure D in 2008 that the clock restarted for Alvarez since the measure didn’t say that terms prior to 2008 counted under Section 401.  Madrid is represented by Rancho Santa Margarita City Councilman Steve Baric, who is also Vice Chairman of the California Republican Party.

This morning, Chris Prevatt at The Liberal OC noted:

First, Madrid is not the party harmed by the determination by two legal opinions sought by the Council which are the foundation of Huizar’s statement in April that Alvarez is ineligible to serve past the end of her current third term. The only party harmed if Alvarez is denied access to nomination papers is Alvarez, not a third party like Madrid.

Looking at a copy of the suit, I suspect Prevatt is right, and the judge may dismiss the suit because Madrid indeed has insufficient standing to bring the suit.  As justification of Madrid’s standing, the suit states:

Petitioner and Plaintiff MAX MADRID (“Petitioner”) is, and at all relevant times hereto was, a resident voter and taxpayer of the City of SANTA ANA, (“City”), California.  Petitioner is currently registered to vote in the City and has paid property and/or sales taxes to the City within the past twelve months.  Plaintiff, as a municipal taxpayer seeking to avoid the waste of municipal assets, falls into the category of a type of claimant long recognized to possess a sufficiently intense interest in his claim to establish his “standing” to enter the courtroom.  Because a successful attack on wrongful municipal spending or disposition of assets in all likelihood may reduce the municipal taxpayer’s burden of meeting the expenses of government, courts do not doubt that a municipal taxpayer will effectively present his claim.  “[T]axpayers have a sufficiently personal interest in the illegal expenditure of funds by [municipal] officials to become dedicated adversaries.” (Harman v. City and County of San Francisco (1972) 7 Cal.3d 150.) In this capacity, Petitioner has standing to bring this action pursuant Code of Civil Procedure section 526(a) and case law.  Additionally, as a registered voter he has standing to challenge any implementation or application of the City Charter and ordinances.

I don’t see how preventing the City from stopping a Councilmember from running for another term prevents “the illegal expenditure of funds” by the City or “wrongful municipal spending” by Santa Ana.   The suit offers no justification for why registered voters have “standing to challenge any implementation or application of the City Charter and ordinances,” particularly since this one merely deals with the eligibility of a candidate.

California Code of Civil Procedure Section 526(a) states:

526. (a) An injunction may be granted in the following cases:
(1) When it appears by the complaint that the plaintiff is entitled to the relief demanded, and the relief, or any part hereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually.
(2) When it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, or great or irreparable injury, to a party to the action.
(3) When it appears, during the litigation, that a party to the action is doing, or threatens, or is about to do, or is procuring or suffering to be done, some act in violation of the rights of another party to the action respecting the subject of the action, and tending to render the judgment ineffectual.
(4) When pecuniary compensation would not afford adequate relief.
(5) Where it would be extremely difficult to ascertain the amount of compensation which would afford adequate relief.
(6) Where the restraint is necessary to prevent a multiplicity of judicial proceedings.
(7) Where the obligation arises from a trust.

I don’t see Alvarez’s inability to run for Council as harming Madrid in any of the seven ways above.

Now, if the City Clerk did allow Alvarez to run, then a person could bring suit to stop her on the argument that they could suffer harm by having an ineligible person on the ballot, as that could a) harm their own run for Council or b) be the illegal expenditure of funds cited in Madrid’s suit.

Relief can only be granted to Alvarez.  The only person who can be harmed by preventing Alvarez from running is Alvarez.  Madrid doesn’t have standing to bring the suit, and consequently, I suspect the Court will dismiss the case because of Madrid’s insufficient standing.  If Alvarez wants to be ruled eligible to run for a fourth term, she is going to have to file suit herself, as only she has suffered enough harm to gain sufficient standing in court.

Posted in Santa Ana | Tagged: , , | 6 Comments »

Lawsuit In Santa Ana Over Term Limits

Posted by Former Blogger Chris Emami on July 10, 2012

According to the Orange County Register it appears that the City of Santa Ana is going to have a Judge determine whether or not Councilwoman Claudia Alvarez run for a 4th term. She is currently finishing up her 3rd term and needs a ruling quickly on this with filing opening up on Monday for this seat.

This lawsuit comes as a result of the passing of Measure D in Santa Ana back in 2008 which extended it from 2 consecutive terms to 3 consecutive terms a Councilmember can serve. Apparently Santa Ana has a rule that you must sit out 8 consecutive years after you finish your 3rd term (This seems extremely draconian compared to other cities).

It is important to note that the lawsuit has not been filed by Alvarez herself, but instead by Max Madrid a Parks & Recreation Commissioner appointed by Alvarez. Rancho Santa Margarita City Councilman Steve Baric (Vice-Chairman of the California Republican Party) is the attorney on behalf of Madrid on this case.

Based on the way Measure D is written the only change made to Section 401 of the Municipal Code was a simple change to simply the number of consecutive terms a Councilmember can serve. With no other changes being made by the measure it will make it tougher to argue a loophole.

The argument being made by the proponents of the lawsuit appears to be that with the passage of Measure D the term limit count on each Councilmember was reset. I will let you make your own judgement on the interpretation of section 401:

Sec. 401. – Qualifications of members.

To be eligible to be elected to the office of councilmember, a person must be a qualified voter and a thirty (30) day resident of the ward from which the candidate is nominated at the time nomination papers are issued as provided for in the Elections Code of the State of California, except that the mayor need only be a registered voter and thirty (30) day resident of the city at such time. In the event any councilmember other than the mayor shall cease to be a resident of the ward from which the councilmember (or, in the case of an appointee, the councilmember’s predecessor) was elected, or in the event the mayor shall cease to be a resident of the city, the office shall immediately become vacant and shall be filled in the same manner as herein provided for other vacancies; provided, that where a councilmember ceases to be a resident of the ward from which the councilmember (or, in case of an appointee, the councilmember’s predecessor) was elected solely because of a change in boundaries of any ward as in this charter provided, the councilmember shall not lose the office by reason of such change. If a member of the city council shall be convicted of a crime involving moral turpitude, the office shall immediately become vacant and be so declared by the city council.

A person who has served three (3) consecutive terms of four (4) years each shall be eligible for appointment, nomination for or election to the office of councilmember (regardless of wards represented by that person during such period) no sooner than for a term beginning eight (8) years after completion of that councilmember’s third consecutive full term.

Short or partial terms shall not be considered in determining eligibility for appointment, nomination or election. For purposes of this Charter, short or partial terms shall only be those where the councilmember was elected or appointed to replace another councilmember who left office before the latter official’s term expired. Any councilmember who assumed office at the beginning of a term and left office early for any reason whatsoever shall be deemed to have served a full term.

Interestingly this section also points out what will happen to Councilmember Bustamante should he be convicted of the crimes he has been accused of. My interpretation of the section is clear that once you have served three consecutive terms you are termed out. It is not up to me though, as we will have to see what the court says.

Posted in Santa Ana | Tagged: , , | 5 Comments »

Judge Rules Against Munger, Brown’s Ballot Measure Arrangement Bill Stands, Propositions Numbered at Last

Posted by Chris Nguyen on July 10, 2012

As I wrote about here, Molly Munger filed suit to stop AB 1499 from taking effect. AB 1499, which Governor Jerry Brown signed into law on June 27, changed the order that ballot measures appear on the ballot.

Sacramento Superior Court Judge Timothy M. Frawley rejected Munger’s suit entirely.

Consequently, his temporary restraining order preventing the Secretary of State’s office from numbering the ballot propositions has ended.

The Secretary of State’s office has now numbered the ballot measures, so these are the propositions for the statewide ballot for November:

Proposition 30 – Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment. (This is Governor Jerry Brown’s tax measure.)

Proposition 31 – State Budget. State and Local Government. Initiative Constitutional Amendment and Statute. (This is the two-year budget measure.)

Proposition 32 – Prohibits Political Contributions by Payroll Deduction. Prohibitions on Contributions to Candidates. Initiative Statute. (This is best known as Stop Special Interest Money Now.)

Proposition 33 – Changes Law to Allow Auto Insurance Companies to Set Prices Based on a Driver’s History of Insurance Coverage. Initiative Statute.

Proposition 34 – Death Penalty Repeal. Initiative Statute.

Proposition 35 – Human Trafficking. Penalties. Sex Offender Registration. Initiative Statute.

Proposition 36 – Three Strikes Law. Sentencing for Repeat Felony Offenders. Initiative Statute.

Proposition 37 – Genetically Engineered Foods. Mandatory Labeling. Initiative Statute.

Proposition 38 – Tax for Education and Early Childhood Programs. Initiative Statute. (This is Molly Munger’s tax measure.)

Proposition 39 – Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute. (This is Tom Steyer’s tax measure.)

Proposition 40 – Redistricting. State Senate Districts. Referendum.

Arguments for and against these ballot propositions are due to the Secretary of State by 5:00 PM today.  In case of multiple arguments being submitted, the Secretary of State’s office is required by law to give priority to the official proponents, followed by bona fide associations of citizens, and then individuals.

Rebuttal arguments are due by 5:00 PM on Thursday, July 19.  Litigation regarding these statements must be filed by 5:00 PM on Monday, August 13.

(In the interest of full disclosure, Custom Campaigns has done some consulting work for Stop Special Interest Money Now, now known as Proposition 32.  For the record, we do not accept payments for blogging and require disclosures when a blogger has a potential conflict of interest in a blog post, unless it’s something really obvious, like a blogger blogging about their own candidacy for office.)

Posted in California | Tagged: , , , , , , , , , , , , , | 1 Comment »

Field Poll: Brown Tax Leads, Even Split on Munger & Steyer Taxes, High-Speed Rail Decreases Support for Brown Tax

Posted by Chris Nguyen on July 9, 2012

Since you’re reading this post, you obviously passed the test we posted on Friday to avert being knocked off the Internet.

Three tax measures have qualified for the November ballot, sponsored by Governor Jerry Brown, multimillionaire heiress attorney Molly Munger, and billionaire businessman Tom Steyer, respectively.

Ballot Measure Proponents Jerry Brown, Molly Munger, and Tom Steyer

Munger Sues State

The battle between Munger and Brown on ballot measure numbering has a hearing scheduled today at 9:00 AM. (Munger asked the court to delay the hearing for another nine days, stating the Los Angeles County Registrar of Voters had refused to supply documents or completely answered questions, but was apparently unsuccessful in getting the delay.)  For more details on the suit, read my post from last Monday (note that on Thursday, the Legislature approved legislation moving the water bond from the 2012 ballot to the 2014 ballot; the water bond would have been Proposition 30 regardless of Munger’s lawsuit, so when reading that post, just remove Proposition 30 and subtract one from the numbering of all the other measures; other than that, everything in the post is still current information).

If Munger prevails, her ballot measure will be Proposition 36 rather than Proposition 38, Brown’s ballot measure will be Proposition 37 rather than Proposition 30, and Steyer’s will be Proposition 38 rather than Proposition 39.  In other words, if Munger prevails, the ballot order will be six other measures, the Munger measure, the Brown measure, the Steyer measure, and two other measures.  If Brown prevails, the ballot order will be the Brown measure, seven other measures, the Munger measure, the Steyer measure, and the Senate redistricting referendum.

Brown’s Income and Sales Tax Increase Measure Leads, But is Threatened by High-Speed Rail

The latest Field Poll finds Governor Jerry Brown’s income and sales tax increase ballot measure leads 54%-38%, with 8% undecided.  (The poll found a similar result in May, with the measure leading 52%-35%, with 13% undecided.)   Brown’s tax increase ballot measure leads among every demographic and geographic group, as well as liberals, moderates, Democrats, and independents.  Only conservatives and Republicans oppose the measure.  However, not all is rosy for the Brown tax increase measure…

21% of the measure’s supporters indicated that they would be less inclined to support the Brown tax increase if the high-speed rail funding bill was approved.  Conversely, only 5% of the measure’s opponents indicated that they would be more inclined to support the Brown tax increase if the high-speed rail funding bill was approved.

(The poll was completed shortly before the Senate passed the high-speed rail funding bill 21-16 on Friday and the Assembly passed the bill 51-27 on Thursday.  Brown is expected to sign the bill this week.)

The high-speed rail bill’s approval may very well endanger Brown’s tax increase initiative.  Ballot measures typically lose support as campaigns wear on, and the high-speed rail may send support for Brown’s tax increase measure under 50%, making it that much more difficult to pass once the campaign season begins in the fall.

Voters Evenly Split on Munger Income Tax Increase Measure

Molly Munger’s income tax increase ballot measure has voters perfectly split, with 46% supporting it and 46% opposing it.

Republicans oppose the Munger income tax increase, Democrats support it, and independents are evenly split.  Conservatives and moderates oppose it while liberals support it.  Men oppose it while women support it.  Whites oppose it, Latinos support it, and other ethnic groups were split.

Voters under 40 support the Munger income tax increase measure while voters over 40 oppose it.  Union households support it while non-union households were split.  People making less than $40,000 support it while voters making more than $40,000 oppose it.

As expected, San Francisco Bay Area voters support the Munger income tax increase measure while other Northern Californians oppose it.  Strangely, Los Angeles County voters are evenly split on the measure while other Southern Californians were supportive, upending the typical result of LA County being less tax-averse than other Southern Californians (in this same poll, on the Brown and Steyer measures, the more-expected result of LA County being less tax averse than the rest of Southern California occurred).

Voters Evenly Split on Steyer Singles Sales Factor for Business Income Tax Calculation Measure

Tom Steyer’s measure requiring the singles sales factor for business income tax calculation has voters effectively split, with 44% supporting it and 43% opposing it.

Conservatives and Republicans oppose the Steyer single sales factor measure while independents, moderates, Democrats, and liberals support it.  While both genders were split within the margin of error, men were more likely to oppose while women were more likely to support.  Whites oppose the measure, Latinos support it, and other ethnic groups were evenly split.

Voters under 40 support the Steyer singles sales factor measure, voters over 65 oppose it, while middle-aged voters were even split.  Union households were supportive while non-union households were evenly split.  Voters making making $40,000-$99,999 support the measure while those making more than $100,000 oppose the measure.  Oddly, those making less than $40,000 were evenly split.

The San Francisco Bay Area and Los Angeles County support the Steyer single sales factor measure while the rest of Northern and Southern California oppose it.

Will the LA County Measure R Sales Tax Extension Accidentally Kill All the Tax Measures?

In 2008, LA County voters approved Measure R, a 0.5% sales tax increase to fund transportation projects that took effect July 1, 2009, and expires 30 years later in 2039.  Inexplicably, the LA Metropolitan Transportation Authority voted to place an extension of Measure R on the November 2012 ballot to add 30 years to the 0.5% sales tax increase making it expire in 2069.

Just four years into a thirty-year tax, voters are being asked to make it a sixty-year tax.  If approved, nearly all people who vote on this ballot measure will be dead by the time the tax expires.

It seems strategically odd to ask for an extension so soon after the initial passage.  It would have seemed more strategically sound to wait until 2030 or so when Measure R was nearing expiration.

The placement of the Measure R extension on the November ballot means LA County voters will be faced with four tax measures on their ballot.  Voter tax fatigue will take its toll in LA County.

Why does LA County tax fatigue matter to the rest of the state?  Well, 1/4 of all Californians live in Los Angeles County.

Look at Prop 29: it failed by 0.6%.  The San Francisco Bay Area went overwhelmingly for it.  Most of Northern and Southern California went overwhelmingly against it.  Los Angeles County narrowly went against Prop 29.

This Measure R extension may be the inadvertent death knell of the tax-related statewide ballot measures in November.

LA County support is pivotal for any tax measure hoping to pass in California.

What the Three State Ballot Measures Would Do

For those of you who are wondering what the three state ballot measures would do…

Brown’s measure (likely Proposition 30 or Proposition 37, it is officially titled, “Temporary Taxes to Fund Education. Guaranteed Local Public Safety Funding. Initiative Constitutional Amendment. “) would increase personal income taxes for amounts above $250,000 per year for seven years and raise the state sales tax by 0.25% for four years. Specifically, income taxes on amounts:

  • between $250,000-$300,000 would increase by 1% to 10.3%
  • between $300,000-$500,000 would increase by 2% to 11.3%
  • above $500,000 would increase by 3% to 12.3%

Sales taxes in OC would climb to 8%, except in La Habra, where it would go to 8.5%. LA County sales tax would go up to 9%.

For seven years, 89% of the tax money is allocated to K-12 schools with 11% to community colleges. On a permanent basis, 1.0625% sales tax would be permanently removed from the Prop 98 education funding formula to fund local public safety realignment programs.

Click here for the Legislative Analyst Office’s official fiscal analysis of the Brown measure.

Munger’s measure (likely Proposition 36 or Proposition 38, it is officially titled, “Tax for Education and Early Childhood Programs. Initiative Statute.”) would increase personal income taxes on nearly all Californians for twelve years.  Specifically, for individuals who are not heads of households, income taxes on amounts:

  • between $7,316-$17,346 would increase by 0.4% to 2.4%
  • between $17,346-$27,377 would increase by 0.7% to 4.7%
  • between $27,377-$38,004 would increase by 1.1% to 7.1%
  • between $38,004-$48,029 would increase by 1.4% to 9.4%
  • between $48,029-$100,000 would increase by 1.6% to 10.9%
  • between $100,000-$250,000 would increase by 1.8% to 11.1%
  • between $250,000-$500,000 would increase by 1.9% to 11.2%
  • between $500,000-$1,000,000 would increase by 2.0% to 11.3%
  • between $1,000,000-$2,500,000 would increase by 2.1% to 11.4%
  • above $2,500,000 would increase by 2.2% to 11.5%

For heads of households, income taxes on amounts:

  • between $14,642-$34,692 would increase by 0.4% to 2.4%
  • between $34,692-$44,721 would increase by 0.7% to 4.7%
  • between $44,721-$55,348 would increase by 1.1% to 7.1%
  • between $55,348-$65,376 would increase by 1.4% to 9.4%
  • between $65,376-$136,118 would increase by 1.6% to 10.9%
  • between $136,118-$340,294 would increase by 1.8% to 11.1%
  • between $340,294-$680,589 would increase by 1.9% to 11.2%
  • between $680,589-$1,361,178 would increase by 2.0% to 11.3%
  • between $1,361,178-$3,402,944 would increase by 2.1% to 11.4%
  • over $3,402,944 would increase by 2.2% to 11.5%

For the first four years, 60% of the tax money is allocated to K-12 schools, 10% to early childhood programs, and 30% to repaying state debt. For the remaining eight years, 85% of the tax money is allocated to K-12 schools and 15% to early childhood programs.

Click here for the Legislative Analyst Office’s official fiscal analysis of the Munger measure.

Steyer’s measure (likely Proposition 38 or Proposition 39, it is officially titled, “Tax Treatment for Multistate Businesses. Clean Energy and Energy Efficiency Funding. Initiative Statute.”) would permanently impose the single sales factor calculation on income taxes for multistate businesses.

For five years, $550,000,000 would be allocated from the state General Fund into the “Clean Energy Job Creation Fund,” which would be used for energy efficiency retrofits and alternative energy installations in government buildings, local government energy retrofit financial assistance programs, and job training and workforce development programs.

Click here for the Legislative Analyst Office’s official fiscal analysis of the Steyer measure.

Posted in California | Tagged: , , , , , , , , , , , , , , , | Leave a Comment »

Supervisor Bill Campbell’s Third District Report

Posted by Newsletter Reprint on July 8, 2012

This came over the wire from Supervisor Bill Campbell’s office on Friday…

Photo of Supervisor Campbell, Bill Campbell Supervisor 3rd District, Newsletter, Read the rest of this entry »

Posted in 3rd Supervisorial District | Tagged: , , , , , | Leave a Comment »

Assembly Approves High-Speed Funding On Party Line Vote

Posted by Newsletter Reprint on July 7, 2012

This just came across the wire from the office of Assemblywoman Diane Harkey:

Assembly Approves High-Speed Funding On Party Line Vote

Today on a party line vote the Assembly Democrats in the Legislature approved $8 billion for high speed rail that transfers control of the funding and local transportation projects to the High Speed Rail Authority until 2018. The Legislature will get reports.

“How lucky are the people of California? The ‘Authority’ with a new Chairman chosen from the Parsons Brinckerhoff contractor pool is now in charge of your tax dollars and a multibillion dollar project. No ridership study, no cost analysis, no accurate reporting, no oversight and an open check book for 5 years. Let’s hope for a bit of Leadership in the Senate tomorrow, where many of the Democrats are at least reading the legislation and asking tough questions,” Assemblymember Harkey said.

Senate Bill 1029 passed in the State Assembly today in spite of numerous warnings from the Legislative Analyst, State Auditor, community leaders and voters in Northern, Central and Southern California that would pare back or repeal funding for the project. The current 4th revised plan was reviewed by Legislative Counsel who opined on June 8, 2012 that while the $6 billion designated for 130 miles of track in the Central Valley might qualify under the voter approved state bond criteria, funding for the book-ends in San Francisco-San Jose and LA-Anaheim corridors was not as likely.

To read the Legislative Counsel opinion click here: http://arc.asm.ca.gov/member/73/pdf/HighSpeedRailNumber1211030.pdf

To read Assemblymember Harkey’s analysis of the opinion click here: http://www.foxandhoundsdaily.com/2012/07/gathering-votes-for-high-speed-rail-you-cant-always-get-what-you-want/

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Posted in 73rd Assembly District | 5 Comments »

Assemblyman Don Wagner: Budget Fact Check – Is High Speed Rail More of a Budget Priority Than Education?

Posted by Newsletter Reprint on July 7, 2012

This came over the wire from Assemblyman Don Wagner’s office on Thursday…

Don Wagner | District 70
Image Read the rest of this entry »

Posted in 68th Assembly District | Tagged: , | Leave a Comment »

Our Independence has been paid for with the blood of brave men & women

Posted by Thomas Gordon on July 6, 2012

Charlie Daniels wrote this piece and it is all over the internet. I’ve decided to reproduce it below.

This week we celebrate the 236th year of American independence, purchased and defended with the blood of patriots.

We won our Revolution against all odds fighting, what at that time was, the greatest standing army and most powerful navy in the world.

The Spirit of Freedom was strong in the hardy souls who came to the New World to escape tyranny and the class system of the European monarchies, to found a government of the people, by the people and for the people, a place where a common man’s vote meant just as much as the aristocrat’s. It had to be the will of Almighty God for there to be a United States of America, otherwise George Washington’s half starved, ill-equipped army would never have been victorious against the mighty redcoats.

From the hills of Tennessee, from the fishing villages of the Atlantic coastline, from Boston and New Orleans, from the swamps of South Carolina and the teeming streets of Baltimore they came, bringing their long rifles and their steel determination that this new nation would bow to no foreign power and that none but our own flag would fly above it.

America has always bred this kind of man, who sees his duty and does it. They did it at Guadalcanal, at Midway, in the skies over Tokyo, on the beaches of Normandy. In the Philippines and the sands of Iwo Jima.

They did it in the frozen mountains of Korea, the jungles of Vietnam and the deserts of Southwest Asia.

Some came home with empty sleeves and some with deep psychological wounds that changed the course of their lives. Some didn’t come home at all.

This Fourth of July as you enjoy your picnics and cookouts, as you take the family to the beach or slice the watermelon, I want to ask you a favor.

Will you take a few moments to remember and to remind the ones around you that the liberty which you celebrate on this very American holiday has been paid for by the blood of brave men and women who throughout the 236 years of our existence, have put their lives on the line, stood between you and the enemies that would like nothing better than destroying you, your family and the way of life you celebrate today?

And if you’re a praying person, would you offer up a prayer for those who remain in harms way, for the families who will forever have an empty place at the table, for those who patrol our skies, who guard our coasts and borders and those who stand ready to do battle on a moment’s notice?

In spite of the wrinkles and warts, in spite of the rough patches and uncertain times, we are still the greatest nation the world has ever known and in spite of our disagreements, under our different color skins, our diverse political philosophies and our ethnic backgrounds, we’re all Americans.

And I thank God for that fact.

Happy birthday, America and Americans!

Posted in Uncategorized | 5 Comments »

Malware to Knock 277,000 People Off Internet on Monday: Make Sure You’re Not One of Them

Posted by Chris Nguyen on July 6, 2012

So this isn’t one of our normal political posts, but it’s important for all our readers.  Click here to test your computer (the test is instantaneous and takes literally one second).  Make sure you’re not one of the 277,000 Internet users worldwide who will lose Internet access on Monday, due to a malware infection.

From CNN:

Hundreds of thousands of Internet users whose computers are infected with a particularly nasty virus will be unable to access the Web starting on Monday.

The Federal Bureau of Investigation will shut down Internet servers that it temporarily set up to support those affected by malicious software, called DNSChanger. Turning off those servers will knock all those still infected offline.

Over the past five years, a group of six Estonian cybercriminals infected about 4 million computers around the world with DNSChanger. The malware redirected infected users’ Web searches to spoofed sites with malicious advertisements.

From the LA Times:

The problem is a result of a large online advertising scam that took over more than 4 million computers around the world.

When the FBI went in to shut down the scheme, the agency realized that turning off the malicious servers would cause infected computers to lose access to the Internet. So the FBI set up two other servers, which have been connecting infected users to the Internet, but they will be shut down on July 9 at 12:01 a.m. EDT.

As a result, 277,000 computer users worldwide as well as about 50 Fortune 500 companies could be affected by the shutdown, according to a report by the Associated Press.

Run that test from the beginning of the article.  Here’s the link again.  If you’ve been infected, go here for a guide on how to fix your computer.

Posted in International | Tagged: , , | 4 Comments »

Congress: Declaration of Independence

Posted by Newsletter Reprint on July 4, 2012

You really should be spending time with your friends and family celebrating Independence Day instead of reading a political blog, but since you’re here, this came over the transom 236 years ago today…

IN CONGRESS, July 4, 1776.

The unanimous Declaration of the thirteen united States of America,

When in the Course of human events, it becomes necessary for one people to dissolve the political bands which have connected them with another, and to assume among the powers of the earth, the separate and equal station to which the Laws of Nature and of Nature’s God entitle them, a decent respect to the opinions of mankind requires that they should declare the causes which impel them to the separation.

We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.–That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed, –That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their Safety and Happiness. Prudence, indeed, will dictate that Governments long established should not be changed for light and transient causes; and accordingly all experience hath shewn, that mankind are more disposed to suffer, while evils are sufferable, than to right themselves by abolishing the forms to which they are accustomed. But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.–Such has been the patient sufferance of these Colonies; and such is now the necessity which constrains them to alter their former Systems of Government. The history of the present King of Great Britain is a history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States. To prove this, let Facts be submitted to a candid world.

He has refused his Assent to Laws, the most wholesome and necessary for the public good.
He has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them.
He has refused to pass other Laws for the accommodation of large districts of people, unless those people would relinquish the right of Representation in the Legislature, a right inestimable to them and formidable to tyrants only.
He has called together legislative bodies at places unusual, uncomfortable, and distant from the depository of their public Records, for the sole purpose of fatiguing them into compliance with his measures.
He has dissolved Representative Houses repeatedly, for opposing with manly firmness his invasions on the rights of the people.
He has refused for a long time, after such dissolutions, to cause others to be elected; whereby the Legislative powers, incapable of Annihilation, have returned to the People at large for their exercise; the State remaining in the mean time exposed to all the dangers of invasion from without, and convulsions within.
He has endeavoured to prevent the population of these States; for that purpose obstructing the Laws for Naturalization of Foreigners; refusing to pass others to encourage their migrations hither, and raising the conditions of new Appropriations of Lands.
He has obstructed the Administration of Justice, by refusing his Assent to Laws for establishing Judiciary powers.
He has made Judges dependent on his Will alone, for the tenure of their offices, and the amount and payment of their salaries.
He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance.
He has kept among us, in times of peace, Standing Armies without the Consent of our legislatures.
He has affected to render the Military independent of and superior to the Civil power.
He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation:
For Quartering large bodies of armed troops among us:
For protecting them, by a mock Trial, from punishment for any Murders which they should commit on the Inhabitants of these States:
For cutting off our Trade with all parts of the world:
For imposing Taxes on us without our Consent:
For depriving us in many cases, of the benefits of Trial by Jury:
For transporting us beyond Seas to be tried for pretended offences
For abolishing the free System of English Laws in a neighbouring Province, establishing therein an Arbitrary government, and enlarging its Boundaries so as to render it at once an example and fit instrument for introducing the same absolute rule into these Colonies:
For taking away our Charters, abolishing our most valuable Laws, and altering fundamentally the Forms of our Governments:
For suspending our own Legislatures, and declaring themselves invested with power to legislate for us in all cases whatsoever.
He has abdicated Government here, by declaring us out of his Protection and waging War against us.
He has plundered our seas, ravaged our Coasts, burnt our towns, and destroyed the lives of our people.
He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.
He has constrained our fellow Citizens taken Captive on the high Seas to bear Arms against their Country, to become the executioners of their friends and Brethren, or to fall themselves by their Hands.
He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless Indian Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions.

In every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.

Nor have We been wanting in attentions to our Brittish brethren. We have warned them from time to time of attempts by their legislature to extend an unwarrantable jurisdiction over us. We have reminded them of the circumstances of our emigration and settlement here. We have appealed to their native justice and magnanimity, and we have conjured them by the ties of our common kindred to disavow these usurpations, which, would inevitably interrupt our connections and correspondence. They too have been deaf to the voice of justice and of consanguinity. We must, therefore, acquiesce in the necessity, which denounces our Separation, and hold them, as we hold the rest of mankind, Enemies in War, in Peace Friends.

We, therefore, the Representatives of the united States of America, in General Congress, Assembled, appealing to the Supreme Judge of the world for the rectitude of our intentions, do, in the Name, and by Authority of the good People of these Colonies, solemnly publish and declare, That these United Colonies are, and of Right ought to be Free and Independent States; that they are Absolved from all Allegiance to the British Crown, and that all political connection between them and the State of Great Britain, is and ought to be totally dissolved; and that as Free and Independent States, they have full Power to levy War, conclude Peace, contract Alliances, establish Commerce, and to do all other Acts and Things which Independent States may of right do. And for the support of this Declaration, with a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.


The 56 signatures on the Declaration appear in the positions indicated:

Column 1
Georgia:
Button Gwinnett
Lyman Hall
George Walton

Column 2
North Carolina:
William Hooper
Joseph Hewes
John Penn
South Carolina:
Edward Rutledge
Thomas Heyward, Jr.
Thomas Lynch, Jr.
Arthur Middleton

Column 3
Massachusetts:
John Hancock
Maryland:
Samuel Chase
William Paca
Thomas Stone
Charles Carroll of Carrollton
Virginia:
George Wythe
Richard Henry Lee
Thomas Jefferson
Benjamin Harrison
Thomas Nelson, Jr.
Francis Lightfoot Lee
Carter Braxton

Column 4
Pennsylvania:
Robert Morris
Benjamin Rush
Benjamin Franklin
John Morton
George Clymer
James Smith
George Taylor
James Wilson
George Ross
Delaware:
Caesar Rodney
George Read
Thomas McKean

Column 5
New York:
William Floyd
Philip Livingston
Francis Lewis
Lewis Morris
New Jersey:
Richard Stockton
John Witherspoon
Francis Hopkinson
John Hart
Abraham Clark

Column 6
New Hampshire:
Josiah Bartlett
William Whipple
Massachusetts:
Samuel Adams
John Adams
Robert Treat Paine
Elbridge Gerry
Rhode Island:
Stephen Hopkins
William Ellery
Connecticut:
Roger Sherman
Samuel Huntington
William Williams
Oliver Wolcott
New Hampshire:
Matthew Thornton

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