Tuesday, September 23, 2008

Ted's Three Sullivans

There are three Sullivans connected with the Ted Stevens trial - the Judge, and one attorney for the defense and one for the prosecutor.


The Judge: Emmet Sullivan

The photo and information are from the excerpted from the D.C. District US Courts website where the photo is credited to Beverly Rezneck.
  • Judge Emmet G. Sullivan was born in Washington, D.C. and attended public schools in the District of Columbia until his graduation from McKinley High School in 1964. In 1968, he received a from Howard University and, in 1971, a from the .
  • Howard University, Bachelor of Arts Degree in Political Science,1968
  • Howard University School of Law, Juris Doctor Degree, 1971
  • In 1973, Judge Sullivan joined the law firm of Houston & Gardner. He subsequently became a partner and was actively engaged in the general practice of law with that firm until August 1980, when his partner, William C. Gardner, was appointed as an Associate Judge of the Superior Court of the District of Columbia. Thereafter, Judge Sullivan was a partner in the successor firm of Houston, Sullivan & Gardner.
  • appointment by President Ronald Reagan to the Superior Court of the District of Columbia on October 3, 1984
  • On November 25, 1991, Judge Sullivan was appointed by President George Bush to serve as an Associate Judge of the District of Columbia Court of Appeals.
  • On June 16, 1994, Judge Sullivan was appointed by President William Clinton to serve as United States District Judge for the District of Columbia.



Brendan Sullivan, Defense

Georgetown University, A.B., 1964

The photo and text are from the Williams and Connolly LLP website:
Brendan Sullivan is a senior partner at the firm with nearly forty years of litigation experience in federal and state courts throughout the country. Mr. Sullivan is recognized nationally as one of the best known and most able trial lawyers in America, with an extraordinary record of successes. His principal areas of practice include all types of complex commercial litigation, including securities, antitrust, banking, RICO, and license disputes; the defense of major law firms in malpractice cases and the defense of accounting firms; products liability and mass tort; will contests; as well as high-profile criminal litigation. Typical clients include Fortune 500 companies involved in criminal investigations, litigation, or government regulatory matters.



Edward P. Sullivan, Trial Lawyer, Public Integrity Section, US Department of Justice


The photo is courtesy of Dennis Zaki at AlaskaReport.com. I found out in the previous trials that it is hard to get information on the Anchorage based and Public Integrity Section (PIN) Department of Justice attorneys. The websites have nothing. Edward Sullivan is a very common name and Googling doesn't seem to yield much. There is a law review citation, but I couldn't find the actual article in the Syracuse Law Review and there is no guarantee that this is the same Edward P. Sullivan, but the timing is reasonably close. Edward P. Sullivan, Reshuffling the Deck: Proposed Amendments to the Indian Gaming Regulatory Act, 45 Syracuse L. Rev. 1107, 1126 (1995).

Here is information on the PIN:

Public Integrity Section
The Public Integrity Section oversees the federal effort to combat corruption through the prosecution of elected and appointed public officials at all levels of government. The Section has exclusive jurisdiction over allegations of criminal misconduct on the part of federal judges and also monitors the investigation and prosecution of election and conflict of interest crimes. Section attorneys prosecute selected cases against federal, state, and local officials, and are available as a source of advice and expertise to other prosecutors and investigators. Since 1978, the Section has supervised the administration of the Independent Counsel provisions of the Ethics in Government Act.

Monday, September 22, 2008

The Beginnings of the Wasilla Library - Edith Olson's The Library and I

Last week at the Loussac Library Alaska Room I found the book The Library and I
by Edith Olson. It tells the history of the Wasilla library from 1938 until she left Alaska in 1959. I did try to contact the publisher, but it appears to no longer exist. I also tried calling an Edith Olson I found in Washington State.

While I was initially interested in this because of the discussions of Sarah Palin, when she was Mayor of Wasilla, firing the Wasilla librarian, the book seems to have nothing that is relevant to that issue at all. However, these two chapters are an interesting look at early Wasilla and the way the library came into existence.

American Idol Style Poll on Palin's Eligibility

So it comes to this. PBS has a poll that asks: Is Sarah Palin qualified to be VP?



[Poll as of 12:30pm (Alaska Time) today]



The email I got said:

The Right is having people vote that Palin is qualified


PBS has a poll that asks: Is Sarah Palin qualified to be VP?

Let's turn this around..... You don't have to give your name or

email address in order to vote. It's very simple.



Here's the link:



http://www.pbs.org/now/polls/poll-435.html



This is such a joke. Both sides stirring up their followers to vote. The results will mean little.

Blueberries


[This was an email from Catherine and I asked if I could post it and did she have any pictures.]

I was up in the mountains picking blueberries... finally found some! oh joy. Picked with four other women... haven't laughed that much in ages. It was terribly fun. Now I'm cleaning, freezing, making pies and crisps... the freezer is getting stuffed with berries and I am in heaven.
Oddly enough, we had a beautiful day while it was raining here! I was surprised. I picked more than I've ever picked in one outing...







almost 3 gallons... then a friend who went with gave me almost 2 more gallons as a thank you for sharing this most amazing spot...(years ago) although she's the one who found this spot due to a hurting knee and not being able to climb as high up as we usually pick.
Oh I tell you it's heaven.
Now I have to decide if I want to start one of the pies I made last night this morning for breakfast... or not... heehee.
It's a new pie day!

Sunday, September 21, 2008

Fungibility

I've been getting links to the YouTube of Sarah Palin talking about fungibility and it's already up on various blogs. It's shown as an example of Palin's not being very clear. I've listened to it and I have one possible explanation of what she was trying to say. It's not easy to transcribe what she says with absolute certainty. Here's my transcript:

Oil of coal, course, is is a fungible commodity and they don’t flag, ya know, the molecules where, where it’s going to where it’s not but and in the, in the sense of the Congress today they know they are very, very hungry domestic markets that need that oil first. So I believe that what Congress is going to do also is not to allow the export ban to such a degree that it’s Americans who get stuck holding the bag without the energy source that is produced here, pumped here, it’s gotta flow into our domestic markets first.

The YouTube description transcribes the opening as: ""Oil and coal? Of course, it's a fungible commodity..."

I think she meant to say, "Oil, of course,..." but accidentally said, "Oil of coal..." and then corrected herself with " course".


Now, what is that fungibility stuff? Wikipedia says:

Fungibility is the property of a good or a commodity whose individual units are capable of mutual substitution.
And then there's the phrase

they don’t flag, ya know, the molecules where it’s going to where it’s not...

Here's my guess at what she was trying to say, based on attending the AGIA conference in Anchorage this summer. Critics how, with [of] AGIA [wanted to know how] we would be sure that Alaska's natural gas actually got to the Lower 48. It would go through Canada and then it would all be mixed with Canadian gas. So, the gas that actually went to the US, wouldn't necessarily be Alaska gas. But that would be ok, we were told, since we'd know how many cubic feet of Alaska gas went into the larger pool and how much went on to the US.

My guess is that this is what she was thinking, even though she didn't articulate it very clearly. Maybe she thought if people couldn't understand her jargon they'd think she was really smart. Some academics do that. Also, I'm not sure if the same is true for oil. We know that there are different grades of oil and they sell for different prices, so they wouldn't be fungible. But there are different qualities of natural gas as well, so I'm not sure on this. Next.

"...what Congress is going to do also is not to allow the export ban to such a degree that it’s Americans who get stuck holding the bag without the energy source..."

Grammatically, let's see if we can make this work:

"Congress is not going to allow the export ban to such a degree that Americans get stuck without oil."

It seems to me that if she meant oil wouldn't be diverted from the Lower 48 and exported to other countries, then Congress SHOULD allow the export ban.


If you haven't seen the video, you can below.

It Goes Without Saying - Mime Bill Bowers at Out North

Out North is a small theater. It holds, maybe, 100 people and we were sitting in the front row. So, I put away my camera before the show started. This is the stage. A flip chart with the names of the stories he's telling. And the stool. The rest of the space a blank slate for Bowers to paint with mime.

The title - It Goes Without Saying - is a little misleading - the mime actually talks. He tells stories of his life and why he mimes for a living starting with growing up in Missoula through gigs at trade shows, through studying with Marcel Marceau, through caring for his dying partner.

I got drawn into the stories and the mimed illustrations. A key theme was silence. His family, his community, as he tells it, didn't talk about the important aspects of life around them. This theme seemed to climax when he told us about meeting a mime in Romania, who he said was the most famous man in Romania, dubbed "The Voice of Romania." (I'm not sure I've got the title right and the "Voice of Romania" hits I got on google didn't give me any mimes, but the image of a mime being the voice of a country where repression ruled for so long is a delicious conceit.)

This was an interesting evening, delving into places I've never been. Yet I went home with a feeling of incompleteness. A one person, autobiographical show, only works if I feel I'm hearing directly from the performer's heart. After a night's sleep, I have the feeling that Bower's voice wasn't completely authentic. Maybe because he's really a mime, not a talker. Maybe he's done the show too often. My sense is that perhaps he hasn't yet found his own true voice and he's still trying too hard to get our approval instead of just his own.

Saturday, September 20, 2008

Work Accommodations for Palin in the VP Debate

The Americans with Disabilities Act (ADA) requires that employers should make reasonable work accommodations for employees with disabilities. But there has been a lot of debate on the meaning of 'disability' and 'reasonable accommodation."


Findlaw reports that:

"U.S. Supreme Court Narrows ADA Protection--Inability to Perform Work Tasks Alone is Not a Disability Under the Americans With Disabilities Act"
The Court stated that the central inquiry in identifying an ADA-protected disability is whether the claimant is unable to perform tasks central to most people's daily lives. Some tasks of "central importance to daily life" include tending to personal hygiene, household chores, bathing, and brushing one's teeth.

The McCain campaign hasn't notified the world of any physical disabilities that Palin has. But the law also covers cognitive disabilities, if I understand it correctly. They haven't announced any of these for the candidate either. Furthermore, Republicans have generally taken very conservative stands on these accommodations, siding with employers who are concerned with the expense of making accommodations.

So it heartwarming that the McCain-Palin Campaign is setting a totally new precedent by arguing for accommodations because of, not disability, but lack of experience. Usually, lack of experience disqualifies an applicant from the job completely. But we hear, via the New York Times, in relation to the upcoming vice presidential debate:
McCain advisers said they had been concerned that a loose format could leave Ms. Palin, a relatively inexperienced debater, at a disadvantage and largely on the defensive. [emphasis added]


I thought they had been touting how experienced Gov. Palin is. Must be my hearing. Anyway, I'd like to challenge readers to come up with ways to make accommodations should she should become Vice President. Well, strictly speaking, that job isn't too difficult. But should she be called on to step in for the President, what sorts of accommodations need to be made for her lack of experience?

How about "All major emergencies must be announced at least seven days in advance so that Palin can get tutoring on how to respond" for the first one? I'll leave it your imaginations to craft additional accommodations to help Gov. Palin succeed should she become our president.

Somehow though, I have the feeling that if Biden asks for similar accommodations in the televised moose skinning contest between the vice presidential candidates, the McCain operatives will cry "FOUL."

Laughing til it hurt - Aasif Mandvi in Anchorage

Friends suggested we join them at UAA* last night to hear the Daily Show's Aasif Mandvi. As a cable-less household member, I only get to see the Daily Show when at friends' homes or on YouTube. So I wasn't prepared for this guy.


The first time he approached politics, he mentioned that (paraphrasing) 'you guys are getting a lot of attention these days .... well, I think Gravel is great too."

Later he mentioned that he's here and he's looked really hard, but "you just can't see Russia from here."

At the end, some of the people asking questions seemed either like shils or like they were auditioning. The combination of their questions and his responses had me laughing so hard it hurt, literally.



*University of Alaska Anchorage

What Don't We Know and Why Don't We Know It?

Yesterday's Anchorage Daily News headline was BIG. Today's is BIGGER. We know something big and bad has happened, but what?

How many of you went about your day yesterday as usual?

How come we weren't glued to our televisions all day watching the news unfold, watching economists explaining what was going on? How we got into this? What it means? What might happen next?

Because there are no good visuals for this story. This story could be the economic equivalent to jets crashing into the World Trade Center, but that's a VISIBLE story, which means it's a story we can understand, at least emotionally. We can see it, we can imagine "what if I were in that building?" We can FEEL it. We certainly didn't agree afterward on the causes and what to do about it.

But this story is one we can't see. Unless we've defaulted on a loan and lost our home, we can't connect to it. It's basically INVISIBLE except for the large headlines. It's harder to get film of millions of people losing their homes. Shots of for sale signs don't have the same emotional impact as giant buildings collapsing. We don't understand it, can't feel it, it doesn't fit into our brains in a way that connects directly to our emotional processing.

The debate about this election suffers from the same problems. While we might relate to some of the issues emotionally, the explanations and options require serious intellectual work. We don't want to take the time or don't know how to understand the policies the candidates propose. It takes time. It takes work. It takes intellectual training and rigor. And at the end, we still don't know for certain which options will be best.

But we rarely know for sure if we are making the optimal decision - even in more tangible situations like ordering dinner in a restaurant, buying a car, or getting married. How many of you have gone to the candidates' websites and actually looked at what Obama and McCain have to offer as solutions? (Probably those who get this far have looked at those links already.) It takes a certain level of intellectual ability [and curiosity.] These ideas are difficult to visualize. It is easier to simplify complex situations into emotional slogans like "Vote for Change" and "Country First: Reform, Prosperity, and Peace." (If you went to those links, you'd recognize these.)

The key here is how we know things. We seem to be wired to immediately get emotional messages - be they accurate or not - about whether we are in danger. In danger because we believe we are losing constitutional guarantees or because we believe we are under threat of a terrorist attack. To actually understand whether we are in danger or not (in situations less obvious than someone with a gun demanding our money) requires a lot of hard work gathering and analyzing facts that most people are unable or unwilling to do.

So, is the financial crisis an economic equivalent to 9/11 that we aren't registering because there are no easy to understand emotional symbols (like planes fying into buildings) and the facts and are too difficult to analyze intellectually? What do I know?

Friday, September 19, 2008

Troopergate Investigation Announcment

I went to the Legislative Information Office to hear Senator Hollis French's announcement about the progress and lack of progress in the Troopergate investigation. Here's the whole 6 minute presentation. I'll post this now (it's taken forever to upload the video) and then add some photos and comments.




So what's the context? The Rovian Men in Black from the McCain campaign have arrived in Alaska to take charge of damage control. One national reporter - they seemed to
outnumber the Alaskans - said it was similar to Florida after the 2000 Election.

Speculation abounds about people being paid off for various acts that will improve the odds of McCain winning. Don Mitchell writes about how he would have negotiated on behalf of Levi Johnston's family for him to play the boyfriend, fiance until after the election, while everyone is hearing stories from the Wasilla kids that Bristol and Levi are history. A reporter's wife is called and asked what the hell her husband is doing asking her those questions. A politician is threatened with revelations about his sex life. No I don't have hard proof of this, people are still figuring out how to respond to the new consequences of doing one's job. Is there a pro bono law group to help targets of the Rovian MIB?

And here we have this bi-partisan (Republican majority) created investigation that everyone agreed to cooperate with now reneging. The ADN reports today that Todd Palin's attorney has explained that Todd won't respond to the subpoena:

"...because his spouse is her party's nominee for Vice President of the United States, his scheduling obligations over the next two months [translation: until after the election] will make it virtually impossible for him to prepare for and present the testimony called for in the Subpoena at the specified location during that time period."


Excuse me? My wife's job duties mean I won't be able to respond to the subpoena? Do you think that would get me out of court? But Bush has made a habit of being above the law, even Karl Rove has stiffed the US Congress and refused to appear when subpoenaed.

The media is scolded for taking sides in its reporting of event, but sometimes there aren't two valid sides. Sometimes one party is right and the other is wrong. There is no shame when people claim Sarah Palin has foreign policy experience because Alaska is next to Russia. It shows complete disdain for the American public. And stonewalling the law as they are doing does too.

I'm hoping that enough people will start to say, NO WAY! THAT IS TOTAL BS! IF YOU TREAT US LIKE THAT, WE VOTE AGAINST YOU. If that isn't the case - and this isn't about McCain vs. Obama, this is about Rule of Lies or Rule of Law and Rationality - the US is toast.

After the announcement, Sen. Gene Therriault and Fred Dyson strolled out and talked to reporters. I'll try to edit and upload some of that later.

I know Phil, you're going to be laughing about Steve letting his passion show again, but I just want people to know that there's some heavy duty stuff going on to snuff out any threats to the Palin image. And the change in how this investigation is going is one very clear example.

Alaskans, wake up. After loudly and proudly proclaiming that she was protecting our state sovereignty from the oil companies, our Governor has now turned over control of her office and family to the RNC.