From Pine View Farm

November, 2010 archive

Privileged Communications? 2

This case seems to involve a clash between the Computer Fraud and Abuse Act and lawyer-client privilege.

The FDIC claims that the documents were illegally removed from the premises of the banks in question; the lawyers claim they ain’t talking. My intense study of Law and Order reruns leads me to think that, if the documents should not have been removed from the premises of the business in the first place, privilege does not apply.

I certainly know where my sympathies lie.

The FDIC seeks the return of files and records that officers and directors at the five financial institutions copied and gave to private lawyers before their banks collapsed, according to documents in two cases filed in federal court in Atlanta.

The FDIC is also preparing to file negligence and fraud suits against executives of failed banks. The FDIC board has authorized civil suits against more than 80 officers and directors of failed banks, while the bank regulator and the FBI are cooperating on about 50 cases of possible criminal violations involving former and current bank employees and customers.

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Dustbiters 0

While I was enjoying my hydrocodone last night, the FDIC honored more of our financial community for their integrity and diligence by shutting down their financial instituations.

You can bank no more on these clowns:

Aside:

I used to live just a couple of miles from Bala Cynwd just off Montgomery Ave. and I know how to pronounce the town’s name.

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Some Causes Deserve To Be Lost 0

As I waited in the dentist’s office yesterday, I pulled out my phone and continued reading Mark Twain’s Following the Equator on my ebook reader (hence this morning’s QOTD). It’s an excellent way to turn waiting time into useful, or, at least, bearable time.

Reading books on my phone tends therefore to be an intermittent activity–I may go several weeks without doing it, then do it frequently for a week. Following the Equator is an ideal book for intermittent reading: As a travelogue, it has narrative, but no plot to remember, er, intermittently.

Twain published Following the Equator in 1897, late in his life. He tells the story of a tour around the world roughly along the equator. So far, he has taken me from San Francisco to Hawaii to Fiji to Australia to New Zealand to Ceylon (now Sri Lanka). I am presently his guest in Bombay (now Mumbai).

The contrast between the patronizing, almost contemptuous portrayal of things not American in his very early Innocents Abroad (1869) and the more mature reflections on Europeans’ and Americans’ treatment of what in the parlance of the time were commonly called “inferior races” in the last decades of the second age of imperial expansion is notable.

According to Twain, it was common for Western tourists in visiting India at the time to hire a “bearer”–a temporary servant–to tend to their needs and to help them negotiate the visit. He tells of seeing one such tourist, a European, casually “cuff”–today we would say “come upside the head”–his bearer because of some trifling error.

And it sends him back in time:

My father was a refined and kindly gentleman, very grave, rather austere, of rigid probity, a sternly just and upright man, albeit he attended no church and never spoke of religious matters, and had no part nor lot in the pious joys of his Presbyterian family, nor ever seemed to suffer from this deprivation. He laid his hand upon me in punishment only twice in his life, and then not heavily; once for telling him a lie–which surprised me, and showed me how unsuspicious he was, for that was not my maiden effort.

He punished me those two times only, and never any other member of the family at all; yet every now and then he cuffed our harmless slave boy, Lewis, for trifling little blunders and awkwardnesses. My father had passed his life among the slaves from his cradle up, and his cuffings proceeded from the custom of the time, not from his nature.

When I was ten years old I saw a man fling a lump of iron-ore at a slaveman in anger, for merely doing something awkwardly–as if that were a crime. It bounded from the man’s skull, and the man fell and never spoke again. He was dead in an hour. I knew the man had a right to kill his slave if he wanted to, and yet it seemed a pitiful thing and somehow wrong, though why wrong I was not deep enough to explain if I had been asked to do it.

Nobody in the village approved of that murder, but of course no one said much about it.

Persons sometimes speak of the “dehumanizing” effects of chattel slavery, commonly implying that it is the slave who is dehumanized.

In truth, the master becomes dehumanized.

With that in mind, consider what this report from the Booman tells us about Republicanism today.

Afterthought:

Dennis G., who blogs at Balloon Juice, frequently refers to the Republican Party as “The Confederate Party.” He has a point.

_____________________

*I have edited this passage by breaking it into paragraphs; in the original, it is one paragraph. Paragraphs were longer in the olden days when I was a young ‘un.

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QOTD 0

Mark Twain, from Following the Equator:

The only difference that I know of between a silent lie and a spoken one is, that the silent lie is a less respectable one than the other.

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About Damned Time, Settlements Dept. 0

From the Atlanta Journal-Constitution:

The Senate has approved almost $4.6 billion to settle long-standing claims brought by American Indians and black farmers against the government.

The money has been held up for months in the Senate as Democrats and Republicans squabbled over how to pay for it. The two class action lawsuits were filed over a decade ago.

If these folks had not been not-white, this would have been approved long ago.

My disgust-o-meter is off the chart.

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Update from the Foreclosure-Based Economy 0

Your friendly neighborhood chop shop at work:

The third and current foreclosure involves her primary residence, a 650-square-foot, one-bedroom, one-bath home that Wells Fargo is attempting to foreclose on after buying the loan from Washington Mutual, Eisenhauer says. At her March 1 Rule 120 hearing, the administrative procedure held to determine whether a house can be foreclosed on and sold, she claims that Wells Fargo “showed up with a forged document.”

She and her attorney, Erich Schwiesow of the law firm Lester, Sigmond, Rooney and Schwiesow in Alamosa, argue that the first page of the promissory note clearly did not match the rest of the document, in part because it didn’t have the same fax stamp. In addition, they claim, the initials and signature on the document do not match Eisenhauer’s handwriting.

“It was clear it was manufactured,” Schwiesow says, adding that a local judge agreed and denied authorizing the sale of the property. Wells Fargo initially filed a motion asking the judge to reconsider the decision, but dropped that motion this week..

John Cole comments on priorities.

Via Eschaton.

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Light Bloggery 2

I didn’t need that tooth anyway.

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Let’s Just Strip Search Everyone 0

Produced by Paranoia Pictures,
a wholly-owned subsidiary of Buy Our Overpriced Stuff, Inc.
“More fear means higher stock prices”

a Division of Acme Novelties Corp.
“Be popular, fool with yourself.”

Now Playing at Security Theatres Everywhere

Via Bob Cesca, who’s on a roll.

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Carousel 0

Lukovich:

Palin and the Press

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Alan Grayson Explains Bushonomics 0

Truman was correct.

Via Bob Cesca.

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Palinistas 1

The Guardian, and some other news outlets, have articles taking Sarah Palin’s feint that she might run for president seriously.

This is a person who couldn’t handle being governor of one of the least populous of these United States for more than half a term.

She is the Gina Lollobrigida of politics.

Remember Gina Lollobrigida?

She was the lady of whom the columnist wrote, “Only two good things have come from Italy this year, and Gina Lollobrigida has both of them.”

Actually, by that remark I insult Lollobrigida. Lollobrigida also had smarts, talent, diligence, and accomplishment, plus an attention span longer than a tweet.

As a Democrat, I hope Palin runs. Best thing the Republicans could do for the forces of truth, justice, and the American way.

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QOTD 0

Mark Twain:

Always do right. This will gratify some people and astonish the rest.

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Greenwash 0

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North! to Alaska 0

Helen Philpot composes the travelogue.

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Geek Whiz 0

Neil Gabler, writing in the Boston Globe, wonders what’s the point. A nugget:

What is the need for, say, an iPad, or any of the thousands of other gizmos that flood the market? One might conclude that the need is not so much for the device (a larger iPhone!), or the software or the website or the app (following someone’s daily doings in 140-character bites!) as for change itself. We seem to be addicted to change for its own sake.

Much of this new geek stuff isn’t even change.

It’s the same stuff with different logos. Sure, rigatoni looks different from rotini, but they are both noodles and pretty much interchangeable.

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Kyll the Bill 0

How low can they go? Still to be seen.

From the San Jose Mercury News:

If you doubted that Republicans could be so craven as to put their own political interests above national security, the proof was delivered Tuesday: Arizona Sen. Jon Kyl announced he will block New START, which calls for the resumption of nuclear controls that until now have had bipartisan support.

Holding our nuclear security hostage solely to embarrass President Barack Obama is a new low.

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Stupid Car Tricks 0

Dateline Braintree:

A Braintree teenager will face charges of texting while driving after she struck a telephone pole early yesterday, police said.

er, yeah.

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Olympia Dreams 0

U. S. S. Olympia

The Olympia – last surviving warship of the Spanish-American War of 1898 – may still be scrapped or face a watery grave as an artificial reef off Cape May without money for restoration.

But the Penn’s Landing attraction will not close as originally planned Monday after the Independence Seaport Museum’s decision, announced late Wednesday, to fund interim repairs.

The Olympia will continue its daily visiting hours through Dec. 31, then move to a three-day schedule through March 31 while its fate is pondered.

This would be a good target for some stimulus money.

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Let’s Just Strip Search Everyone (Updated) 0

Brendan writes a letter.

Addendum:

Pat-Down Put-Down
By Madeleine Begun Kane

You’re a teen and can’t get to first base?
You’re a fondler, but fearful of Mace?
Well a pat-down career
Can be yours. (Front and rear.)
Be a TSA Feel-Her-Up Ace.

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Nothing To Do, Nowhere To Go 0

It may be “less than forecast,” but it’s more than last week. That the forecasters (who go eerily unnamed in news story after story, though one suspects that someone knows who they are) were wrong–again–is not a cause for optimism.

I emphasize that I am not arguing that things are not getting a little better; trends do seem to be inching positively, though not quickly nor signicantly enough to rescue many from Wall Street’s three card monte hell.

I am arguing that the media and economists should reconsider basing conclusions about how things are going today on how well these “forecasters” did at forecast roulette yesterday or last week. Judging by their record, I wouldn’t trust them to predict the winner in a race between a Lamborghini and a Ford Escort.

Fewer workers than forecast filed claims for U.S. jobless benefits last week, a sign the labor market is starting to improve.

Applications for unemployment insurance payments rose by 2,000 to 439,000 in the week ended Nov. 13, Labor Department figures showed today in Washington. The total number of people collecting unemployment insurance dropped to the lowest level in two years, while those receiving extended payments climbed.

Furrfu.

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