GOP, McCain have to be loving this

mccainJohn McCain is mostly getting a free pass on his positions and misstatements (Iran is training al-Qaida?) while the Democrats engage in the usual circular firing squad. As the editors of the New Republic observe, “Democrats are spending millions of dollars bludgeoning one another in ways that can’t help but abet McCain — while McCain does a neat job of consolidating his base and building good will with the rest of the electorate.”

97 Comments

  1. ksagnostic
    Posted March 25, 2008 at 6:11 am | Permalink

    Warning to those who call McCain McBush. He is not. By nominating McCain, the Republicans have compensated one of their most glaring vulnerabilities because this candidate was not clearly selected by the slavering right wing base that is turning off so many swing and foul weather voters this election season.

  2. Regular
    Posted March 25, 2008 at 6:14 am | Permalink

    Top of the morning to you ksagnostic! :D

  3. outlander
    Posted March 25, 2008 at 6:19 am | Permalink

    A savvy observation ksag.. And thanks for the new word you made me look up. I found that “slavering” has nothing to do with slaves.

    Slav´er`ing
    a. 1. Drooling; defiling with saliva.

    Like when CapnAmerica gets going on one of his insult rolls.

  4. J R
    Posted March 25, 2008 at 6:28 am | Permalink

    “John McCain is mostly getting a free pass on his positions and misstatements”

    Yup.

    I call the Eagle complicit in this.

    STILL no thread on McCain seeking the endorsement of the bigot Hagee, getting it, then lying and saying it was not his idea.

    “while McCain does a neat job of consolidating his base and building good will with the rest of the electorate.”

    Well,

    his base is a bunch of jerks. As to the the rest of the electorate? I wrote him twice about those $50 an hour lettuce picking jobs. No word back yet.

  5. Komrade
    Posted March 25, 2008 at 6:36 am | Permalink

    The democrat candidates will continue to eat each other until one of them is politically dead and the other is exposed for the viper he/she is.

    The whole thing would be funny if it were not so pathetically sad.

  6. rfl
    Posted March 25, 2008 at 7:03 am | Permalink

    I think I detect a hint of fear in ksagnostic’s post. ksag was hoping that McCain would pander to the right and loose the middle.

    Well, the right is pandering to McCain simply to avoid both of the deplorable democratic candidates.

  7. BucKCorvus
    Posted March 25, 2008 at 7:43 am | Permalink

    It dosen’t matter, there can only be one democratic canidate to vote for in november, so the party will be unified by then anyway.

  8. ksagnostic
    Posted March 25, 2008 at 8:06 am | Permalink

    “I think I detect a hint of fear in ksagnostic’s post. ksag was hoping that McCain would pander to the right and loose the middle.”

    This is projection. I was hoping for no such thing (I know better). McCain has done some pandering to the right wing base in the primary, but that is mostly moot because the primary ended so soon, so McCain has time to repair any damage he might have done. For that matter, most voters (including swing/foul weather voters) know that candidates pander to their base and don’t take it seriously anyway). Like JR, I would like to see a little more attention to the Hagee situation, not so much because I think it will damage McCain (it won’t) but because it helps to put things into perspective. The politics is about alliances, which is why you first and foremost focus on the candidate. Notice, for example, the cut and paste troll from yesterday’s open thread quoting Wright. The reason for that? It would not be helpful to quote Barack Obama, whose comments stand out as being notably different. The same goes for McCain, however. Yes, McCain made nice noises to the Christian Right goofs he dissed in 2000, but foul weather voters know that McCain’s 2000 comments probably better reflect his attitude towards the Christian Right, and mark my words, that will help him in the general election.

  9. TDT
    Posted March 25, 2008 at 8:07 am | Permalink

    J R
    Posted March 25, 2008 at 6:28 am | Permalink
    “John McCain is mostly getting a free pass on his positions and misstatements”

    Yup.

    I call the Eagle complicit in this.

    What’s funny JR, is that they do have a thread about how they were “complicit” in the Iraq War, yet they are not learning their lessons from that. Shouldn’t they be doing REAL investigative reporting on McCain as much as they are on Clinton and Obama?

  10. ghotiphaze
    Posted March 25, 2008 at 8:10 am | Permalink

    I found that “slavering” has nothing to do with slaves.

    Thanx for the giggle. That really, truly made me guffaw. Now I have to wipe the monitor.

  11. TDT
    Posted March 25, 2008 at 8:11 am | Permalink

    Where’s open thread? I have something to discuss that does not apply to any of these threads!! So I’ll do it here.

    Patriot Act used in drug case; lawyer riled
    BY TIM POTTER
    The Wichita Eagle

    “I thought that this Patriot Act was something passed to protect us all from these terrorist acts, and it would be used very judiciously,” O’Hara said Monday. “This doesn’t seem to be one where these secret searches would be used.”

    http://www.kansas.com/topstories/story/351592.html

    This is where Vaughn and GMC would come in handy. I agree with the defense attorney, I thought that the patriot act was specifically for tracking terrorist using our phone and internet lines in the U.S. I guess I need it explained a little more thoroughly.

  12. ghotiphaze
    Posted March 25, 2008 at 8:19 am | Permalink

    defense lawyer Charles O’Hara argued that the Patriot Act was meant for “serious matters involving national security,

    There ya go, right there, TDT. The Crips are a threat to national security. Not totally unlike those stinkin’ low-lifes on welfare, the gay community, and anyone wanting a living wage. I wonder who’s next on the list?

  13. Phantom
    Posted March 25, 2008 at 8:23 am | Permalink

    There will be plenty of time to slice and dice McCain, this is just the dems. warming up for the big game!

  14. ghotiphaze
    Posted March 25, 2008 at 8:25 am | Permalink

    On March 12, 1993, a federal judge in Austin, Texas decided
    that the US Secret Service broke the law when it searched Steve
    Jackson Games Inc., and seized its bulletin board system and other
    computer equipment. The decision in this case has been long-
    awaited in the computer world, and most observers have hailed it as
    a significant victory for computer user’s freedom and privacy

    Really, the search/seizure thing is nothing new.

  15. TDT
    Posted March 25, 2008 at 8:27 am | Permalink

    Fish – Got your sarcasm. I’m still calling B.S.! I know a lot of the cons on here will say that it doesn’t matter what means they used to get the criminal, but that is actually U.S.S.R. Communist drivel. The KGB did that back in the day, and we all were horrified, HORRIFIED I say. Well now we should be HORRIFIED that the U.S. of A. is eerily similar to the U.S.S.R.!

  16. TDT
    Posted March 25, 2008 at 8:28 am | Permalink

    Fish – But now they are using the Patriot Act for the search/seizure. That’s not what the Patriot Act is supposed to be used for.

  17. ghotiphaze
    Posted March 25, 2008 at 8:33 am | Permalink

    I’m still calling B.S.!

    Yes, it was sarcasm, I’m on your side, bud! It is total BS, just like in the steve jackson case. And remember, that was before Patriot Act and all that. It ain’t been America for a long time, now.

  18. Phantom
    Posted March 25, 2008 at 8:37 am | Permalink

    I wonder how many dem. politicians have been victimized by the patriot act snooping.

  19. outlander
    Posted March 25, 2008 at 8:41 am | Permalink

    Crips drug dealer hmm…? The Patriot Act allows authorities to search a house with a warrant and not to inform the owner right away in the case that an investigation could be compromised. So the only argument is that the authorities did not inform him of the search right away, since they had to have a warrant and probable cause.

    O’Hara sure doesn’t have a very sympathetic client with which to test the Patriot Act.

  20. TDT
    Posted March 25, 2008 at 8:43 am | Permalink

    Outlander – I think that is the ultimate test. The client doesn’t need to be sympathetic. In fact, when we can be just to the lowest of the low, that is when our system is working the best, don’t ya think?

  21. outlander
    Posted March 25, 2008 at 8:47 am | Permalink

    Well, if it’s scum you want, you don’t get much lower than a major cocaine supplier for the Crips.

    “I thought that this Patriot Act was something passed to protect us all from these terrorist actsand it would be used very judiciously,” O’Hara said Monday. “This doesn’t seem to be one where these secret searches would be used.”

    That is a really sorry defense argument.

  22. ghotiphaze
    Posted March 25, 2008 at 8:52 am | Permalink

    That is a really sorry defense argument

    And the defense of using the Patiot Act in this way?

    Ok, I gotta agree, I won’t condone the Crips or trafficing of Coke (really ambivalent about individual usage, and I realize it’s kinda a conflict, but, hey!), but you can’t use the concept of “this is bad so we’re entitled to be wrong, too”. Like I tell my kids, “Doing something because others do it too doesn’t make you as bad as the person–it makes you worse. You know better and I expect more from you”

  23. J R
    Posted March 25, 2008 at 9:04 am | Permalink

    And under george bush, just like when live nuclear weapons were flown mistakenly across country, the military continues to break down.

    WASHINGTON – The Pentagon has announced that it mistakenly shipped non-nuclear ballistic missile components to Taiwan from a U.S. Air Force base in Wyoming.

    It said the items have been returned to the United States.

    At a news conference, Air Force Secretary Michael Wynne said Tuesday that the misshipped items were four nose cone assemblies for ballistic missiles. He also said it was sent instead of helicopter batteries that had been ordered by Taiwan, he said.

    Wynne said the matter is under investigation.

    Ryan Henry, the No. 2 policy official in the office of Defense Secretary Robert Gates, said President Bush was notified of the mistake and the actions to recover the items. Henry called the mistake “disconcerting” and intolerable.

  24. fleettwood
    Posted March 25, 2008 at 9:04 am | Permalink

    “John McCain is mostly getting a free pass on his positions and misstatements (Iran is training al-Qaida?)”

    That was a mistake.
    Talk about a free pass.
    Howza ’bout Hillarys “mistake” about being under fire in Kosavo? Mistake my ass.

  25. Hank Price
    Posted March 25, 2008 at 9:06 am | Permalink

    OK, I’ve read the Patriot Act and I must have missed the ‘drug dealer exemption’.

    Kind of like when they passes the RICO legislation to go after the Mafia then used it for all kind of related prosecutions.

  26. ghotiphaze
    Posted March 25, 2008 at 9:07 am | Permalink

    And under george bush

    Really, that’s not a bush problem–it’s a degeneration of our school system. No one in the military can read.
    *ducks*

  27. TDT
    Posted March 25, 2008 at 9:10 am | Permalink

    Yes Hank, I actually thought they were using RICO to get the drug dealing gangs.

  28. Dennis
    Posted March 25, 2008 at 9:21 am | Permalink

    Just another tool to make this a police state. Charlie O’Hara has a fight on his hands, taking on the feds, but it needs to be done. RICO is bad enough, but you knew when it and the so-called Patriotic Act passed that some cop/prosecutor somewhere would misuse them both.

    Dangerous stuff. We need to stay alert.

  29. Posted March 25, 2008 at 9:46 am | Permalink

    My take on things; Obama’s pastor will not go away. This will be a talking point for at least another week. This will cost him votes. Hillary keeps getting caught in lies. McCain can’t get the facts straight but wants to declare war on just about anyone.

    These are the candidates both parties have elevated to the top. Great job America.

  30. CF2K
    Posted March 25, 2008 at 10:37 am | Permalink

    Is McCain getting a free pass? Hell yes; the corporate DC media has a man-sized man-crush on Bush III, and they just can’t get enough.

    When are we going to see some reportage on Cindy McCain’s stealing of drugs from the American Voluntary Medical Team to satisfy her addiction, McCain’s attempt to use his influence to kill the story, and his retaliation against the person who blew the whistle?

    **************************************************

    Here’s what Amy Silverman wrote in Salon back in 1999:

    “But the story I was pursuing was not so much about Cindy McCain’s unfortunate addiction. It was much more about her efforts to keep that story from coming to light, and the possible manipulation of the criminal justice system by her husband and his cohorts. The irony is that Cindy’s secret would have stayed secret if John McCain’s heavy-hitting lawyer, John Dowd (of D.C.’s Akin, Gump, Strauss, Hauer & Feld; his most recent claim to fame was serving as co-counsel for fellow partner Vernon Jordan during impeachment) hadn’t heavy-handedly pulled out all the stops to protect the McCain family.

    Dowd tried to get back at the man on Cindy McCain’s staff, Tom Gosinski, who had blown the whistle on her drug pilfering to the DEA. But in the course of trying to get local law enforcement officials to investigate Gosinski — Dowd and the McCains considered him an extortionist; others might call him a whistleblower — Dowd set in motion a process that would eventually bring the whole sordid story to light. When that maneuver backfired, the McCain media machine went into overdrive to spin the story.”

    http://www.salon.com/news/feature/1999/10/18/drugs/

    McCain absolutely knows how to play the media. He’s shown it time and again. And the media, time and again, shows how it loves to get played by McCain. The media and McCain are made for each other: superficial, vapid, and dishonest.

  31. littlejohn
    Posted March 25, 2008 at 10:41 am | Permalink

    Which is why if it it Obama vs mcCain, Obama will get my bid. If it is Clinton vs McCain, it’s McCain. She is no better, AND I disagree with her politics more.

  32. Posted March 25, 2008 at 10:44 am | Permalink

    Keating Five anyone? Anyone?

  33. Posted March 25, 2008 at 10:46 am | Permalink

    But… but… but…

    The Truth Express !!!

  34. Posted March 25, 2008 at 10:50 am | Permalink

    For the record, I don’t have to look up words like “slavering,” outlander.

    Nor do I have to look up words such as these:

    niggardly
    pusillanimous
    martinet
    popinjay
    puerile
    excerable.

  35. Rage
    Posted March 25, 2008 at 10:51 am | Permalink

    Off-topic: ghotiphaze, why do people call you “Fish”?

  36. Posted March 25, 2008 at 10:52 am | Permalink

    As for McCain “loving” anything . . . how’s it feel to have all the attention on the other side?

  37. Rage
    Posted March 25, 2008 at 10:52 am | Permalink

    P.S. McCain is getting a free pass and this will continue in the general election, to a large degree, unless we demand better.

  38. Regular
    Posted March 25, 2008 at 10:58 am | Permalink

    #
    CapnAmerica
    Posted March 25, 2008 at 10:50 am | Permalink

    For the record, I don’t have to look up words like “slavering,” outlander.

    Nor do I have to look up words such as these:

    niggardly
    pusillanimous
    martinet
    popinjay
    puerile
    excerable
    ————————-

    CraponAmerica does have to look up the words:

    Loyalty
    Patriotic
    American

    …notes the last word is misspelled, so evidently the Crapn is only hooked on phonics – not the proper spelling. (?k’s?-kr?-b?l) :D

  39. CF2K
    Posted March 25, 2008 at 11:02 am | Permalink

    Rage,

    Indeed: time to DOATWD (do as the wingnuts do) and saddle up for a season of media mau-mauing.

  40. Posted March 25, 2008 at 11:02 am | Permalink

    “I do earnestly desire that we become better strangers.” Shakespeare

  41. Hank Price
    Posted March 25, 2008 at 11:04 am | Permalink

    Hey Capn!

    For the record, do you mind telling me what ‘excerable’ means?

  42. Hank Price
    Posted March 25, 2008 at 11:05 am | Permalink

    Maybe you should look it up!

  43. Posted March 25, 2008 at 11:06 am | Permalink

    By golly, Regular is right.

    I transposed two letters in execrable.

    Doesn’t make his posts any less execrable however.

  44. writerdog
    Posted March 25, 2008 at 11:06 am | Permalink

    TNT, When I first heard of the Patriot act and the powers it gave the Government I saw the possible “Pandora’s box” element to it. The laws covering search and seizure along with the fourth and fifth Amendments to the Constitution of the U.S. have sound and thought out reasoning to them. The Patriot act subverted many of these laws, but did not limit these subversions to solely the investigations of only terrorism related activates. This is a dangerous road to even start down. If the authorities are given permission to do secret searches and make no mistake. The Patriot act does give the authorities to not only do unannounced searches but WARRANT-LESS, SECRET, SEARCHES get the point?
    Big difference, there was already no requirement once a warrant had been obtained to notify or have a owner actually present when the warrant is served. As long as the authorities does not have to commit a crime to serve it.

    That is the sum I get from the article that it was more the fact the search was done without notifying the owner not that no warrant was used? That is the question I am not sure of, did they have a warrant when they searched the home? If not then in deed they took liberties under the Patriot act as it is the only exclusion I am aware of that allows such searches. A judge must balance the effectiveness of a situation against the impact upon society as a whole. Otherwise saying that by allowing some exclusion to the laws and ruling of other court. will it open other situation to the same exclusions.
    The authorities does not have the right to just walk in to any house at will and search even if the evidence that maybe found is not used in a court action. NOR should they be able to, but that is and was the problem with the Patriot act. There was within it only a implied usage and no written restrictions to it. They said it would only be use to fight terrorism, but there was nothing to prevent its usage in other non-terrorism incidents. The camel’s nose under the tent adage is true. I know I use to be a cop and you give a cop an inch and he will take the full measure of that inch!
    Now here is nothing more then a straw man:
    “As part of the investigation, agents wanted to check the house to see whether electronic recording devices could be installed, the affidavit said.”
    That is like saying I shot the man to see if the gun could hurt him! OH Please! Of course you could install them, the only thing you would need to check would be whether there is anything that would interfere with the signal. And that can be done outside and would not require you to enter the house! But that is privilege information and now I am afraid you will have to kill yourself! Go ahead I’ll wait here….

  45. ghotiphaze
    Posted March 25, 2008 at 11:07 am | Permalink

    Nor do I have to look up words such as these…
    pusillanimous

    isn’t that just a sissy rodent?

  46. Posted March 25, 2008 at 11:07 am | Permalink

    It means vile and detestable, Hank.

    As in George W. Bush is the most execrable President the United States has ever endured.

  47. ghotiphaze
    Posted March 25, 2008 at 11:08 am | Permalink

    Off-topic: ghotiphaze, why do people call you “Fish”?

    ghotiphaze is pronounced fishface. I’m not hooked on phonics, but I’m a recreational user.

  48. Regular
    Posted March 25, 2008 at 11:10 am | Permalink

    Crapn belong to the pusillanimous Radical Left Wing of the Democratic Party.

  49. TDT
    Posted March 25, 2008 at 11:13 am | Permalink

    writerdog – Your post was enlightening, but it confirms my fears. No, I don’t live in fear that some agency is going to come into my home and search it, I fear that this is a road not meant to be taken in a democracy.

  50. Regular
    Posted March 25, 2008 at 11:17 am | Permalink

    You have crack cocaine in your other home TDT?

  51. Posted March 25, 2008 at 11:18 am | Permalink

    Heh, ghoti.

    And all this time I was reading it as “got to faze.”

    It’s that George Bernard Shaw spelling criticism, isn’t it?

    gh = f as in cough

    ti = sh as in nation

    ph = f as in pheasant

    etc.

  52. ghotiphaze
    Posted March 25, 2008 at 11:24 am | Permalink

    No, I don’t live in fear that some agency is going to come into my home and search it

    Been there, done that. Chased two teenage kids out of my house when I came home unexpectedly early. They flashed out the back door, hopped the fence, and jumped right into a police cruiser that took them away. City’s finest doing a heck of a job!!! Funny, there were no arrest reports in Police Notes, and I sure didn’t have a chance to even call the police.
    Granted, this was 1980, so like LJ says, SSDD.

  53. ghotiphaze
    Posted March 25, 2008 at 11:25 am | Permalink

    ‘o’ as in women

  54. GMC70
    Posted March 25, 2008 at 11:25 am | Permalink

    RE: the 8:11 post on the drug case and followups.

    TDT, and others commenting here:

    Because Charlie O’Hara says it does not mean it’s true. And I know Charlie well; he’s a good attorney, and he’s simply putting the best face on things for this client. That is what he is supposed to do.

    Having read the article you linked to, and knowing nothing about the particulars of this case, I have no way of knowing whether the dreaded Patriot Act has anything at all to do with this search. I can tell you, however, that a “sneak and peak” warrant, where officers go in, look around, and do NOT leave notice that they were there is not new. And it is important that we notice that same was done, with judicial blessing, under a judicially-issued warrant permitting just that. That is exactly what the 4th amendment envisions – officers acting under the authority of a judicial warrant.

    In other words, to paraphrase a famous line, reports of the death of the 4th amendment are greatly exaggerated. It’s alive and well.

    So count me skeptical about Charlie’s claim. I strongly suspect it’s nothing more than defense posturing.

  55. Vaughn Tolle
    Posted March 25, 2008 at 11:25 am | Permalink

    writerdog, the situation as I understand it from the Eagle article was that there was a delayed notification of the execution of the warrant (there is seemingly no dispute that a search warrant was issued). Compare the requirements under Rule 41, Federal Rules of Criminal Procedure, with those contained in 18 USC 3103a (added or amended, I don’t currently recall) under section 213 of the Patriot Act. Thus, the search was not “warrantless”; it was, instead, one where there was delayed notification of the execution thereof.

    BTW, Hank, that statutory cite is where the “drug dealer” exemption you were posting about is contained. And, how is the arm doing?

  56. Econ101
    Posted March 25, 2008 at 11:30 am | Permalink

    The left has used RICO laws against Operation Rescue.
    I never heard the left complain about that.
    The United States Supreme Court tossed out all of those lawsuits.
    The left has used the KKK Act against Operation Rescue.
    I never heard the left complain about that.
    The United States Supreme Court tossed out all of those lawsuits, as well!

  57. Vaughn Tolle
    Posted March 25, 2008 at 11:32 am | Permalink

    GMC, you have identified what I consider to be the facts which are relevant to the situation; namely, there was a judicially authorized warrant which permitted the “sneak and peek”. There seems to be no dispute about the fact that a warrant was issued and executed from the linked article. The question then becomes whether the U.S. District Court will determine the same a “reasonable search” under the Fourth Amendment, IMO.

    I’ve been out of the criminal defense “game” too long; I was unaware that “sneak and peek” warrants had been around for a while.

  58. Econ101
    Posted March 25, 2008 at 11:42 am | Permalink

    Operation Chaos is WORKING!

  59. Vaughn Tolle
    Posted March 25, 2008 at 11:43 am | Permalink

    A scholarly article on “sneak and peek” warrants which substantiates GMC’s assertion that the same are not new. The interesting part of the article is the discussion that until the Patriot Act was passed, there was no specific statutory authorization for such (as noted previously, section 213 of said Act gives such authorization), merely that there was no prohibition against the same under other statutes and the Federal Rules of Criminal Procedure, Rule 41.

    http://www.law.uga.edu/academics/profiles/dwilkes_more/37patriot.html

  60. writerdog
    Posted March 25, 2008 at 11:44 am | Permalink

    Thanks GMC and Vaugh I did get that O Hara’s main complain was about the no notice and not exactly the source of the warrant though I missed if in deed a warrant was used. LOL I to have had the privilege of having met Mr. O’Hara. Being on the other side of the court room. Before the trial began the administer of the work release program saw him walk in to the anti-room and said “CRAP!”. I asked what was wrong and Larry said “We better have every “T” crossed and every “I” dotted. There is not such person in real life as “Perry Mason” but O’Hara is as close as they come!”. One “trick” that O’Hara is noted for in L.E. is to ask for your report to review. Some cops only have their copy with them and he may fail to return it to you in time for court. As it happened Larry and I both had several copies of our reports and when he asked we said “sure I have several copies!” He read them with a frown and that pled out his client! Oh how I do so relish the small victories!

  61. gster
    Posted March 25, 2008 at 11:45 am | Permalink

    “Operation Chaos is WORKING!”

    Yeah, it’s been working too well for abut 8 years. I think you have correctly identified George’s White House problem, at least one of the them, anyway.

  62. Vaughn Tolle
    Posted March 25, 2008 at 11:45 am | Permalink

    And, GMC is most correct that Mr. O’Hara is doing his job here.

  63. writerdog
    Posted March 25, 2008 at 12:04 pm | Permalink

    Well got things to do and places to go… Later.

  64. Hank Price
    Posted March 25, 2008 at 12:09 pm | Permalink

    I know Capn, I didn’t have to look it up either.

  65. TDT
    Posted March 25, 2008 at 12:14 pm | Permalink

    GMC – Wow, I had no idea there was such a thing as a “sneak and peak”. Interesting.

    Regular – take your meds.

  66. gster
    Posted March 25, 2008 at 12:19 pm | Permalink

    deBush, not reBush!
    Learn from your mistakes!

  67. Hank Price
    Posted March 25, 2008 at 12:20 pm | Permalink

    Doing well VT. Right shoulder may still need sugery, have to go back in a couple of weeks. Left elbow is not so good. Surgery won’t help. I’ll lose some ROM and extension permanently.

    May need surgery on left shoulder, old ‘war’ injury was exacerbated. (put that word in for you Capn!)

  68. TDT
    Posted March 25, 2008 at 12:25 pm | Permalink

    Vaughn & GMC – After reading the link from Vaughn, it appears to me that although it is legal to go into a house with a “sneak and peak” warrant and get INTANGIBLE evidence, it is not legal to actually take any tangible evidence at this time. They must wait until they get an actual warrant to do that. Am I understanding this correctly? And if this is the case, was the evidence taken during the “sneak and peak” warrant, or were just pictures taken of evidence?

  69. Vaughn Tolle
    Posted March 25, 2008 at 12:37 pm | Permalink

    TDT, that was the rule prior to the enactment/amendment of the following statutory provision:

    Sec. 3103a. Additional grounds for issuing warrant

    (a) In General. – In addition to the grounds for issuing a
    warrant in section 3103 of this title, a warrant may be issued to
    search for and seize any property that constitutes evidence of a
    criminal offense in violation of the laws of the United States.
    (b) Delay. – With respect to the issuance of any warrant or court
    order under this section, or any other rule of law, to search for
    and seize any property or material that constitutes evidence of a
    criminal offense in violation of the laws of the United States, any
    notice required, or that may be required, to be given may be
    delayed if –

    (1) the court finds reasonable cause to believe that providing
    immediate notification of the execution of the warrant may have
    an adverse result (as defined in section 2705);

    (2) the warrant prohibits the seizure of any tangible property,
    any wire or electronic communication (as defined in section
    2510), or, except as expressly provided in chapter 121, any
    stored wire or electronic information, except where the court
    finds reasonable necessity for the seizure; and

    (3) the warrant provides for the giving of such notice within a
    reasonable period of its execution, which period may thereafter
    be extended by the court for good cause shown.

    Last modified: April 12, 2006

    Please note the provisions of (b)(2), where generally the seizure of tangible property except where the court finds reasonable necessity for the seizure. Thus, there can be a seizure of tangible property under a delayed notice (”sneak and peek”) warrant should the court make the applicable finding, IMHO.

  70. Vaughn Tolle
    Posted March 25, 2008 at 12:38 pm | Permalink

    “which generally” =”which generally prohibits”.

  71. TDT
    Posted March 25, 2008 at 12:40 pm | Permalink

    Huh, even though they are trying to prosecute a drug dealer, that seems very broad.

  72. Econ101
    Posted March 25, 2008 at 1:50 pm | Permalink

    Back to the Hillary/Obama war:

    Obama has to do something about General McPeak now.

    McPeak says that the reason we can not have peace in the Mid East is that we have “too many Jews” in Miami and New York who will not allow our politicians to support Peace with the Arabs.

    Does Obama know ANYONE who is not so anti-Israel?

    http://www.spectator.org/dsp_article.asp?art_id=12937

  73. J R
    Posted March 25, 2008 at 1:53 pm | Permalink

    Oh I don’t think old John is sitting too pretty right now.

    Senator Clinton is out fundraising him 3 to 1.

    Senator Obama is out pacing him 5 to 1.

  74. J R
    Posted March 25, 2008 at 1:54 pm | Permalink

    Just not a lot of folks enthusiastic ’bout old John.

  75. CF2K
    Posted March 25, 2008 at 2:07 pm | Permalink

    JR,

    There, you’re wrong: the media cheer squad LOVES John! He’s like, captain of the football team, and Spirit King, and like, SOOOOOO cool! He invites the media to his ranch to, like, eat barbeque and stuff!

    The electorate, and donors, may not be so hot on McCain. But what do they matter! It’s like Cheney said, when told that 70% of Americans favor withdrawal from Iraq: “so?”

    If the media are with Saint John, who can be against him?

  76. Vaughn Tolle
    Posted March 25, 2008 at 2:12 pm | Permalink

    Yes, TDT, it is. As you will note from the link I posted, the author speculated that there would be increasing usage of “sneak and peek” warrants, as the statute certainly reads as encouraging them.

  77. Posted March 25, 2008 at 3:12 pm | Permalink

    http://www.spectator.org/dsp_article.asp?art_id=12937

    Wear your hip waders – this shit is really deep.

  78. ksagnostic
    Posted March 25, 2008 at 3:15 pm | Permalink

    How to know when somebody is a reflexively blind partisan shill.

    When they post crap like this:

    “Back to the Hillary/Obama war:

    “Obama has to do something about General McPeak “now.

    McPeak says that the reason we can not have peace in the Mid East is that we have ‘too many Jews’ in Miami and New York who will not allow our politicians to support Peace with the Arabs.

    “Does Obama know ANYONE who is not so anti-Israel?

    http://www.spectator.org/dsp_article.asp?art_id=12937

    Read the very link that Paul supplied. I didn’t even have to advance past it to know that the italicized comment was a lie. McPeak did not say that. The Spectator author observes the crappy standards of that publication by quoting McPeak and then provides a translation that added meaning to the quoted comments. Paul just unquestioningly regurgitated the added comments.

  79. Posted March 25, 2008 at 3:17 pm | Permalink

    This crap is going to tear apart the DNC and give freakin McCain the win.

  80. MonkeyHawk
    Posted March 25, 2008 at 3:44 pm | Permalink

    “SolDevVB” suggests –

    “This crap is going to tear apart the DNC and give freakin McCain the win.”

    That (and I hate it every time I hear a reporter say it) remains to be seen.

    I’m reminded at how fat and cocky the Republic Party partisans were feeling about “President” Tom Dewey in 1948.

    The liberal Democrats were all for Henry Wallace. The old racist wing of the Democrats were all for Strom Thurmond.

    The Democrats were as divided as never before or since, and guess what happened?

    The polls picked “President” Alf Landon in 1936, based on land-line telephone polls. Poor people couldn’t afford land-line telephones in 1936. Guess who they voted for.

    Today, land-line telephones are optional for scores of millions who only use cellular technology. Guess who they’re voting for.

    It looks more and more like the Republic Party is George Forman and the Democrats are Muhammad Ali and this is turning into the rope-a-dope election.

    We Democrats will have a candidate. And either one will unite the people against the Republic Party’s promise of more Shrub, all the time. John WMD McBush will have more of what Brit Hume’s called “McCain’s Senior Moments,” and all the focus will be on whomever he chooses as a running mate. Because, if McSame were elected, it’d be a solid bet Vice-President X will be in charge before the 2012 election.

    John Sidney McCain the Third is likely to become the first candidate in American history to show up for a debate with a drool cup on the podium.

  81. Cops
    Posted March 25, 2008 at 5:36 pm | Permalink

    Bad Boys, bad boys, whatcha gonna do?

    Hillary is a liar,
    and Obama is a racist.

    Bad Boys, bad boys, whatcha gonna do?

    Whatcha gonna do when they don’t vote for you!

  82. writerdog
    Posted March 25, 2008 at 5:38 pm | Permalink

    Though Monkeyhawk could be right, I just can’t help see the ingredients of an out of left field defeat in Nov. The super delegates if they were to select Clinton over the popular vote would be as controversial as the 2000 election. James Caravel and his saying that Richards is Judas which Caravel is a loose cannon who served Bill Clinton well by keeping his enemy off balance. But he name calling of a popular Richards could come back to bite Hillary if she would become the nominee. What is wild to me and show just how divisive both parties have become. I common saying I keep hearing was said earlier. If so and so is the candidate I will vote for so and so. But if so and so is the candidate then I will vote for so and so!
    What is funny is the one’s vote would cancel out the other’s vote. After all that JR has said, will he break down and vote for Obama? Will you PMoM? Or has it become so divisive that you will stand on principle and not vote at all? How about the Republicans, even if you fall in the ranks that think Mc Cain is nothing more than Bush III can you bring yourself to vote for Hillary?

    Do I think that the democrats will finally pull together behind whom ever gets the Democratic nomination. Maybe but this election has been one where people are finally taking a stand and maybe finally fed up enough to stick with it. I can see many choosing to stand on principle and not vote, but the question will remain will they put principles aside and fall in line?

  83. American Way
    Posted March 25, 2008 at 6:09 pm | Permalink

    Sounds like you libs need some cheering up.

    If it’s any consolation for you,
    I’m reasonably sure you will take both
    the Senate and House majorities.

    Even if the old fart wins, you will have him by his nonfunctioning gonads.

    (***NOTE: This should count as extra credit next time I post something clearly rightwingnut.)

  84. writerdog
    Posted March 25, 2008 at 6:21 pm | Permalink

    American Way I thought you were trying to cheer them up? With all the extended powers that Bush has given the executive branch. How would the Democrats getting a vast majority in the house and Senate do any good? What you said it like telling them their house burnt and killed their dog… But you no longer have a termite problem!

  85. American Way
    Posted March 25, 2008 at 6:44 pm | Permalink

    LoL Writerdog. I’ll be surprised if Obama still doesn’t take it all. Of course, I’d be pleasantly surprised if Ron Paul would run as an independent
    and win.

    But if they can get 66 votes in the senate, that’s enough to force legislation and 67 to override any veto. I’ll bet democrats get close.

    290 in the House for 2/3 majority? I think that is an awful long shot from what, 233 now?

    At any rate, any republican president will have to bow to their wishes if he wants to get anything done.

  86. Bentley
    Posted March 25, 2008 at 7:04 pm | Permalink

    As the Democratic fight unfolds, I keep remembering what David Gergen wrote in his book about Bill Clinton’s presidency (sorry, can’t recall the title).

    Anyway, Gergen made the point that after Clinton won in November of ‘92, he was apparently so damn exhausted from the campaign that he failed to use the rest of November and December to organize his administration. Gergen argued that this proved to be a telling moment in the early part of Clinton’s presidency, and it caused him a lot of problems.

    I’ve got myself about half-convinced (always only half!) that as a result of the extended primary fight, fatigue may set in for the Democratic nominee even sooner, perhaps as early as mid-summer and into the crucial part of the fall campaign. As the writer pointed out in the TNR piece, there’s something to be said for getting the thing won and then going off by yourself for a while, and just sitting down and thinking things through. You need that period to rest and rejuvenate. Don’t take any calls for a few days, don’t work on speeches, don’t listen to any strategy, don’t do anything but let the thoughts filter in, and then back out.

    So then when you do come back, it’s like you crank out work and you’re on because you shut off the noise and you’re rested. I might be wrong on this, however. As more of a creative type, I need the time alone or I get stale and tired of everybody, whereas politicians are maybe a different breed of cat and get their energy some other way.

    But I think Obama in particular would benefit from a period of rest. Give the guy a couple weeks off–even a week–and he’ll come back with something pretty strong.

    ********************************

    Up for discussion is the extent to which McCain deserves the “McBush” label. Truth is, it’s hard to tell in these campaigns. If you look at McCain’s record, however, it’s fair to say that he’s been willing to work with Democrats, but it’s also fair to say that he knows where his bread gets buttered. (Most of us do: it’s called survival.)

    As things stand, at least in part because the Dems are in a dispute, but also because McCain does seem to enjoy an extra special relationship with those who adore him in the media, the Republican nominee is living what must be a presidential candidate’s dream of going to and fro upon the earth, hand in hand with the highly selective soundbite.

    In this dreamworld of political non-discourse, McCain can make a statement like, “We’re winning in Iraq,” and promptly recede into the sunlight and daffodils.

    Now I don’t want to go all Old Testament on everybody, but if the guy’s allowed to wander to and fro upon the earth, then he must be made to walk up and down on it as well.

    Perhaps this is where Davis Merritt’s deadeye column (today’s paper) comes into view. If McCain wants to say, “We’re winning,” then he needs to clarify a few points, starting with defining exactly what amounts to victory these days and being careful not to omit a handful of just damned relevant details.

    “The surge is working,” we’re told, and that’s it. Really? Well, good to hear, I suppose. Uh, does that mean a political solution is near also and we can start pulling out some of the troops–

    “Nope.”

    “Well, when?”

    Psssst. Where’d he go?

    Here’s the point: If you fall upon the earth and skid your knee, a bandage is required. After a time, however, it’s understood that the bleeding will stop and the bandage may be removed. If you peel back the sticker and the sore still oozes, then you wonder if it’s time to visit a nurse.

    If the surge, or the bandage, must be maintained, then all it’s really doing is preventing the worst of the violence from leaking out. Five years later, and this is where we are.

    Maybe McCain knows something that we don’t. Maybe an ark of some sort is being prepared. Maybe he plans to include a proposal for paying for all this that doesn’t amount to borrowing and piling up interest.

    Right now, though, judging from what we know about him in the reality-defying science fiction world of TV soundbites, he behaves quite a bit like Bush on the major issue of the day.

  87. Posted March 25, 2008 at 7:26 pm | Permalink

    The liberal college professor asked the young immigrant student why he was so restless. The student told him he had a bullet lodged in his back. He had been shot while fighting communists in his native country who were trying to overthrow the country’s government and install a new communist government.

    In the midst of his story he looked at the professor and asked a strange question. He asked, “Do you know how to catch wild pigs?”

    The professor thought it was a joke and asked for the punch line. The young man said this was no joke. “You catch wild pigs by finding a suitable place in the woods and putting corn on the ground. The pigs find it and begin to come everyday to eat the free corn. When they are used to coming every day, you put a Fence down one side of the place where they are used to coming. When they get used to the fence, they begin to eat the corn again and you put up another side of the fence. They get used to that and start to eat again. You continue until you have all four sides of the fence up with a gate in the last side. The pigs, who are used to the free corn, start to come through the gate to eat, you slam the gate on them and catch the whole herd.

    Suddenly the wild pigs have lost their freedom. They run around and around inside the fence, but they are caught. Soon they go back to eating the free corn. They are so used to it that they have forgotten how to forage in the woods for themselves, so they accept their captivity.”

    The young man then told the professor that is exactly what he sees happening to America. The government keeps pushing us toward Communism/socialism and keeps spreading the free corn out in the form of programs such as supplemental income, tax credit for unearned income, tobacco subsidies, dairy subsidies, payments not to plant crops (CRP), welfare, medicine, drugs, etc. While we continually lose our freedoms – just A little at a time.

    One should always remember “There is no such thing as a free Lunch!” Also, “You can never hire someone to provide a service for you Cheaper than you can do it yourself.

    Also, if you see that all of this wonderful government “help” is a problem confronting the future of our republic in America, you might want to send this on to your friends. If you think the free ride is essential to your way of life then you will probably delete this email, but God help you when the gate slams shut!

    Let’s keep things real and down to earth… I ask myself these things every day

    1. What could I do to further the agenda of Ron Paul or his candidates?

    2. What did I do today to help the cause?

    3. What could I do to bring people together…(Divided we fall)

    4. What can I do to help the next event furthering the cause

    5. What can I do to make sure I do NOT get complacent again??

  88. Rage
    Posted March 25, 2008 at 7:47 pm | Permalink

    It’s that George Bernard Shaw spelling criticism, isn’t it?

    D’oh! I kept seeing “ghoti” and thinking I knew I’d seen that before, but it just did’t click!

  89. Rage
    Posted March 25, 2008 at 7:50 pm | Permalink

    The government keeps pushing us toward Communism/socialism and keeps spreading the free corn out in the form of programs such as supplemental income, tax credit for unearned income, tobacco subsidies, dairy subsidies, payments not to plant crops (CRP), welfare, medicine, drugs, etc. While we continually lose our freedoms – just A little at a time.

    What an asinine load of crap. News flash: there is nothing “free” from the government. Government exists to serve the general good, and we all pay for it, via taxes.

    People will naturally differ on what the general good is, which is why we have elections.

    Next!

  90. Bentley
    Posted March 25, 2008 at 8:04 pm | Permalink

    All right, all right…turns out Obama’s on vacation right now…

  91. American Way
    Posted March 25, 2008 at 8:04 pm | Permalink

    “and we all pay for it, via taxes.”

    Bat shit Rage. A large portion of the American population are paying no federal taxes. In fact, millions are reaping rewards from the American tax system – without paying in one dime.

    Don’t EVEN try to cry about paying taxes, when millions are provided a free ride while the top ten percent of earners pay the bills for ALL America.

  92. Bentley
    Posted March 25, 2008 at 8:17 pm | Permalink

    American Way–

    Just got back from my yearly sojourn of paying The Man. It was kind of like a bad round of golf. At first, you can’t believe how lousy it’s really going, with everything going in the trees and the sand. Then, after a while, you sort of give up and just play.

    I’m no top ten percenter, but I sure as hell felt it at H&R Block today.

  93. American Way
    Posted March 25, 2008 at 8:24 pm | Permalink

    Bentley,

    I heard a rumor the IRS is going to change the rules next year. Instead of sending your check to our IRS location, they are going to marry up HAVES to HAVE NOTS and have us just direct deposit our payments to the receipients of the Earned Income Credit.

    That cuts out the middleman. And everyone knows you save money by cutting out the middleman.

  94. American Way
    Posted March 25, 2008 at 8:29 pm | Permalink

    And to demonstrate I am an equal opportunity tax hater:

    If you happen to be one of the filthy rich, instead of direct depositing your taxes to a low life HAVE NOT who is “entitled” to the EIC, your large sum will be redirected to the corporate welfare list.

    Your money will instead of deposited with a large wealthy farmer, a corporation, or a CEO who has tax credits.

    America is all about equal rights and opportunity.

    Ain’t it grand!

  95. Posted March 25, 2008 at 10:50 pm | Permalink

    Now that McCain is an illegal presidential candidate are the Republicans going to demand that he drop out of the race or will they excuse more criminal behavior? How odd is it that one of the Keating 5 breaks the law even before he gets into office?

    Uh oh, these are issues so the media better focus on Hillary’s outfit or something meaningless.

  96. writerdog
    Posted March 26, 2008 at 4:33 am | Permalink

    Speaking of Mc Cain and this really is not meant as sarcasm or a put-down. But he does seem to be suffering some mental confusion. He could be showing the sign of just being worn out from all the traveling and campaigning. That would effect even the younger candidates, I do not know but is does seem the last few times I have seen him on the news and the latest him outlining his plan for the economy. He seem to be having trouble keeping focused and on track.

  97. MonkeyHawk
    Posted March 26, 2008 at 5:30 am | Permalink

    “writerdog” offers –

    “Speaking of Mc Cain…he does seem to be suffering some mental confusion. He could be showing the sign of just being worn out from all the traveling and campaigning. That would effect even the younger candidates, I do not know but is does seem the last few times I have seen him on the news and the latest him outlining his plan for the economy. He seem to be having trouble keeping focused and on track.”

    And this is gonna turn out to be a beeg issue during the general election.

    Who will be McCain’s vice-presidential nominee?

    Simple logic suggests a septegenarian has a higher chance of dying in office than someone in their 40s or 50s.

    And, the other side of his POW resume, McCain is even older than his 71 years, due to five years of torture and depravation in the 60s and 70s. His veep choice isn’t just a matter of political geometry.

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