Order in the Court!
Baby rapers, oil spillers and gang-bangers be heartened! Gitmo be gone, but the new and utterly bought and sold Supreme Court handed down decisions that will impact us for decades - Much like the President Bush, who nominated its two new Justices, Chief Roberts and Count Weirdly Alito. Let's take a look at these precedents, led by quotes from the new members.Court Weirdly
"I've also represented corporations accused of antitrust violations, and I think that balanced perspective is something that's valuable for a judge."
Chief Justice John Roberts stated this on January 29, 2003, before the Judiciary Committee, explaining how whistleblowers can be fired for cause. Roberts also defended Microsoft against States suing for antitrust as a private lawyer. So, when Exxon Mobil came before the Roberts-led Supreme Court, his sympathies were already known. "So what can a corporation do to protect itself against punitive-damages awards such as this?" asked Roberts during the initial arguments in February, seeming to defend Exxon Mobil for employing a known alcoholic captain for the Exxon Valdez in 1989, who crashed and spilled 11 million gallons of crude oil into Prince William Sound. How oh how can we help this poor corporation? Throw out the $2.5 billion in punitive damages (equaling one week of profits for Exxon Mobil) through some archaic maritime law that compensatory to punitive damages must be 1:1. Ahoy! This precedent will reverse medical malpractice, tobacco settlements and corporate malfeasance lawsuits for years; of course Exxon Mobil would have preferred a slap on wrist but, in a shocking moment of conscience, Justice Alito recused himself because he owns over $100,000 in Exxon Mobil stock.
Editorial
Gordon Smith and the Cascade Festival
The US Senate is often called the world's most exclusive club. Sen. Gordon Smith belongs to an even more elite club - the Society of Republican Senators from West Coast States. It's so exclusive that Smith is the only member.
Oregon's junior senator would like to remain in that club by winning a third term, but the signs are it won't be easy.He’s only red on the inside. Republicans are saddled with the most unpopular president in modern American history, a war that two-thirds of Americans oppose, a tanking economy and a lackluster candidate at the top of their ticket. Democrats have an exciting, charismatic presidential nominee-apparent, surging party enrollment and, above all, the distinction of not being the party that put George W. Bush in the White House.
Sensing that all this might make Gordon Smith vulnerable, the Democrats have been throwing the kitchen sink at him (not to mention a set of golf clubs; see this week's Wandering Eye, Page 11). Smith has countered with a campaign designed to show him as a moderate, non-partisan chap who has no trouble working with both sides of the aisle.
Sleep With Your Baby, Go to Jail
Some district attorneys crusade against meth. Some crusade against child pornography. But Deschutes County District Attorney Mike Dugan has found a crusade all his own: He's cracking down on mothers who sleep with their babies.
Last Sunday, Dugan announced that if a parent sleeps with a baby and the baby dies, he's going to drag the parent in front of a grand jury. "Almost everybody who has a baby is aware that, if you sleep with the baby and you roll over on top of it, you could kill it," Dugan was quoted in Bend's daily paper. "So you are aware of that risk, and you consciously disregard that risk when you take your baby to bed, and now you are talking about manslaughter. … The law is the law is the law, and you bet I would take that case to the grand jury. And if the grand jury found negligence or recklessness, then criminal charges would be filed."
The law may be the law may be the law, but DA Dugan's interpretation of it in this area is pretty bizarre. Clatsop County District Attorney Josh Marquis, who has a reputation as one of the more hard-ass DAs in Oregon, said he wouldn't prosecute unless there was other evidence of negligence - for example, if the parent had been using alcohol or drugs before sleeping with the baby.
The Law of the Land: Busting out-of-control officials while Tiger takes your phone
He’s the sheriff!From Iowa, With Love
So I, Mr. Mick McMenaminsus, was lounging in my 9,689-square-foot mansion in Juniper Ridge, you know, the one beside the top-tier university, near the Les Schwab headquarters, made of recycled radials, of course. My cell phone rings: It's my editor calling from Iowa; he's in a tizzy applying for a FEMA trailer and emergency aid to replace his double-wide with a wrap-around deck and bocce court. Don't worry, he does this every year, Big Muddy don't quit flooding, nor do Federal funds stop flowing, but he won't be back this week (something about proof-of-residence problems or fraud). So, when he asked me, a run-of-the-mill ne'er do well, to write Upfront, I said, "Sure."
"I am the Sheriff"
Giusto. Say it, feel it, "Giusto." Few names conjure respect for elected office like Bernie Giusto; maybe Bernard Kerik, but let's not pick on all the Bernies of the world just yet… Last Friday, the Multnomah County Sheriff told the Oregon Government Ethics Commission that sometimes practice (and position) overrules written policy.
Giusto has been under investigation by the ethics commission for allegedly driving a county vehicle to Seattle with his girlfriend. Never mind the 250 pages of strict guidelines the soon-to-be dethroned Sheriff and staff must follow, Giusto told members of the commission: "The policy is either in effect because I say it is or not in effect because I say it's not, because I am the sheriff."
Victory for Freedom in the Supreme Court
Justice is done One of your neighbors has a grudge against you and secretly informs on you to the police. The next thing you know you're being held in a prison in a strange country. You don't know what you're charged with or what the evidence against you is, and you can't go to court to find out. You end up staying in that prison for years without any trial.
That's the position that many of the approximately 270 prisoners incarcerated at "Camp X-Ray" in the US naval base at Guantanamo Bay, Cuba, find themselves in. Thanks to a landmark decision last Friday by the US Supreme Court, that unconscionable situation will change.
The court ruled, 5-4, that the ancient principle of habeas corpus - the right of an accused person to know the evidence the government has against him - applies to Guantanamo prisoners. Under last week's ruling, Guantanamo prisoners will be able to go into federal district courts to demand that the government show why they should remain incarcerated.
Bonus Coverage: Hanks crosses Pope, Source takes to the air and more
They don’t care how big tom hanks is. Vatican to Hanks: Get Lost
The Vatican has told Tom Hanks it doesn't want him in church. It's not his religion they have a problem with - it's the movie he's making.
The producers of Hanks' new movie, Angels and Demons, had asked permission to shoot inside two of Rome's historic churches, Santa Maria del Popolo and Santa Maria della Vittoria. Fuhgeddaboudit, said the diocese of Rome.
Angels and Demons is a prequel to the 2006 movie The Da Vinci Code, based on the blockbuster novel of the same name by Dan Brown, which espoused the controversial (at least to orthodox Christians) theory that Jesus had married Mary Magdalene and had children.
Monsignor Marco Fibbi, a diocesan spokesman, told Reuters that the diocese had denied the filmmakers access to the churches because of the movie's subject matter. "It's a film that treats religious issues in a way that contrasts with common religious sentiment," Fibbi said. "Normally we read the script but this time it was not necessary. The name Dan Brown was enough."
Compassionate Congressman Walden
Big Oil, He’s here for you. Greg Walden is a truly compassionate man.
Direct From Killington: A new face at Mt. B, Downtown Bend valet, more
New Brass on the Mountain
Three weeks to the day after firing Matt Janney, who served as Mt. Bachelor's president, the ski resort has announced the hiring of Dave Rathbun to take the top position at the mountain.
After what Mt. Bachelor described as a "nationwide search," the result was the hiring of yet another POWDR Corp. (Mt. Bachelor's parent company) employee in Rathbun, who has previously worked as director of marketing, sales, reservations and golf at Killington Resort and Pico mountain, both located in Vermont. Rathbun, who was touted as having more than 20 years of resort experience, will serve as both president and general manager at Bachelor.
POWDR purchased Killington resort as a joint investment with SP Land Co. The pair had plans for a large scale resort development at the base of Killington - not unlike what POWDR has discussed for Mt. Bachelor. However, SP Land backed out of the deal earlier this year over what it said was community opposition, according to the Rutland Herald.
Commissioner Mike Daly
Hitting is wrong, mike.An estimated 3 million American women are physically abused by their husbands or boyfriends every year. On average, between three and four women are murdered by their husbands or boyfriends every day.
We don't see anything funny in those numbers. But apparently Mike Daly does. During a recent discussion about whether to add another probation officer to handle domestic violence offenders, Commissioner Daly delivered some philosophical musings on the general subject. Drawing on his experience as a state police officer many years ago, he speculated that maybe it wasn't a good idea to arrest the battering spouse or boyfriend on the first offense, as the law now requires.
"I know there's probably some very minor cases of domestic violence," he added, "but if there's a mandatory arrest on every occasion, I question that."
Then, having stuck one foot in his mouth up to the ankle, Daly performed the astonishing acrobatic feat of inserting the other one up to the knee. "Did anybody ever think that he or she might have had it coming?" he asked.
Daly's fellow commissioner, Tammy Melton, was flabbergasted. "I think just the sheer fact that we're talking about the beating of spouses as okay really makes my stomach turn," she said.
Keeping the Beat Going: You don’t know Diddley, R Kelly’s home cinema, and closet dwellers
Bo knows guitarsKeeping the Beat Going
BOMP-a-bomp-bomp … bomp-BOMP. If you've ever heard rock-n-roll - whether it was Buddy Holly, Elvis Presley, the Rolling Stones, the Grateful Dead, Bruce Springsteen, U2 or anybody in between - you've heard that beat. It was the creation of Elias Otha Bates, better known to the world as Bo Diddley.
Born in Mississippi and raised in Chicago, he reportedly was inspired to start playing guitar by hearing the great bluesman John Lee Hooker and began his career as a street musician. After several years of doing nightclub gigs he released his first record, "Bo Diddley," in 1955, and it rose to the top spot on the R&B charts.
That song introduced the "Bo Diddley beat," described by Wikipedia as "a rumba-like beat similar to 'hambone,' a style used by street performers who play out the beat by slapping and patting their arms, legs, chest, and cheeks while chanting rhymes." The music scholars say Bo Diddley didn't really invent the beat - that it goes back to West Africa. But what the hell do they know.

