SPARTANBURG -- A federal judge in Spartanburg has ordered that an American citizen held as an enemy combatant in a Navy brig in Charleston should be released.
U.S. District Judge Henry F. Floyd ruled Monday that the president of the United States does not have the authority to order Jose Padilla to be held.
"If the law in its current state is found by the president to be insufficient to protect this country from terrorist plots, such as the one alleged here, then the president should prevail upon Congress to remedy the problem," he wrote.
In the ruling, Floyd said that three court cases that the government used to make its claim did not sufficiently apply to Padilla's case.
Floyd wrote that, in essence, "the detention of a United States citizen by the military is disallowed without explicit Congressional authorization."
Floyd wrote that because the government had not provided any proof that the president has the power to hold Padilla, he must reject the government's claim of authority.
"To do otherwise would not only offend the rule of law and violate this country’s constitutional tradition, but it would also be a betrayal of this nation’s commitment to the separation of powers that safeguards our democratic values and individual liberties," he wrote.
"For the court to find for [the U.S. government] would also be to engage in judicial activism. This court sits to interpret the law as it is and not as the court might wish it to be. Pursuant to its interpretation, the court finds that the President has no power, neither express nor implied, neither constitutional nor statutory, to hold [Padilla] as an enemy combatant," Floyd wrote.
As a result, Floyd ordered that Padilla be released within 45 days.
The government is expected to appeal the decision.
Let's all keep our fingers crossed that Jose will soon be with his family. Sometimes, justice does prevail.
You can read the text of the decision here (warning .pdf file).
Are you having trouble finding the perfect right-wing reactionary to enjoy an evening of political dirty tricks? Looking for a hot blonde that likes nothing better than mocking the latest Michael Moore film? Need a beautiful babe willing to stay barefoot, pregnant and in the kitchen? Well look no more! Sean Hannity to the rescue!
Sean Hannity is trying his hand as matchmaker with Hannidate 2005, a dating service hosted on his Web site.
Here's a sample entry from Mark, location unknown: "I am a 49 year old truck driver. Divorced, one daughter, 18, looking for a LADY, 45 to 55 years old, no tatoos, no body piercings except ears, but most importantly NOT LIBERAL (lady and not liberal kind of go hand in hand, don't they?)."
Robert Greenwald (one of my favorite documentarians) has a message he would like to share..
Dear activists, colleagues and friends,
It's been four months since the November election -- enough time now to have some perspective on it. Initially I was as concerned about the response to the election by my fellow progressives, as I was to the election result itself. Would despair, defeat, and self-flagellation set in? I understood the sentiment -- I can do self-attacking with the best of them (smile) -- but to my great joy and pleasure, the response has been the opposite. The energy, the passion, the desire to work for real long term social change is quite, well, amazing. As I go around speaking, talking and meeting, the level of commitment to working harder, smarter and better is a sight to behold.
Many progressives have now realized -- if they hadn't before -- that this is a long-term battle, not about one election or one candidate. It's about us. We will win, but it is going to happen only if we commit with our passion and intellect to win over the long haul. With that in mind, my friends and colleagues are helping me create a media company that will continue and expand the work that was begun with the documentaries and advocacy pieces. Clearly we have some big battles and some great opportunities ahead of us in media. I think we, and you, can be an important part of both creating new films and videos, as well as allies in the battle to secure our opportunities. So I want to tell you about the general plans.
I am working with some of my colleagues from Outfoxed and Uncovered (Lisa Smithline, Jim Gilliam, and Devin Smith) to create a new media company that will continue to do films, but also much more -- we have only scratched the surface politically, creatively, and media-wise with the previous films. Rick Jacobs is helping guide us towards a company that will not be a one-shot, but will be set up to continue doing these films for years to come, to continue doing short videos for years to come, and will continue to organize around the films and work with the thousands of groups around the country that are using the films to create change. The films can throw a spotlight, create a frame, call attention -- but it is you and the hard-working people in groups and communities all over the country who will create the change.
We will create a radically new and expanded internet presence, and will continue our innovative distribution methods -- some old, some new, on the cutting edge. There will be a role for all of you with smarts, energy, and time to participate in researching, making, and distributing the films. And yes, there *is* a new film in production right now, but it must remain a secret for a while.
I am deeply embarrassed to have my name on it, but Jim assures me this okay in blog world. But PLEASE, help us come up with a name for the new media company so I can return to my preferred role behind the scenes.
Finally, as an individual (not in any official capacity), I have had the great pleasure of working with Gloria Totten and Progressive Majority. Progressive Majority is a smart, tough, and well-organized team working on a *long-term plan* for electing progressives. They are not addicted to the quick fix heroin of a presidential campaign, but see very clearly the need for electing progressives around the country -- from City Council, to State Senate, to the House of Representatives. Go to progressivemajority.org, see the work they do, and see the wonderful video my colleagues Chris Gordon (editor on Outfoxed and Uncovered) and Richard Perez (co-director of Unprecedented) have created.
I hope to continue doing more of these advocacy videos in the next year. In fact, I volunteered along with Chris Gordon, again, and Kristy Tully, to film some nurses -- real people -- responding to "Governator" Arnold Schwarzenegger's outrageous idea that nurses are "special interests." The video, which you can view on my website, generated tremendous publicity about this issue.
Lots going on. Lots to do. Please join me at RobertGreenwald.org as we start this exciting new chapter in progressive media. And if you come up with name we decide to use, you will receive an "Outfoxed" poster and DVD, and a big hug.
P.S. We still have a few copies of Outfoxed available for $9.95. If you have a school, library or teacher who should get one for free, send their name and email address to info@outfoxed.org.
It appears as if the Dallas Democratic Party is having a meltdown.
My own rant about the grass-roots called meeting of the Executive Committee of the Dallas County Democratic Party in the midst of outrage against the local county Chair, is up on my blog at:
There are real issues here which transcend this individual. We fought this battle over thirty years ago, and thought we had won it then, but as the Indian saying goes, "Only the earth last forever." It is sad that things have come to this again.
I used to hold this office myself, so I understand the incessant criticism a Chair gets, and have not been involved in this revolt, but I am even more sympathetic to those who are feeling betrayed and oppressed. Even if they lose, the calling of this meeting (which the Chair refused to do) is useful so that they can vent their complaints, and hopefully deter any such actions by Chairs in the future.
--Bill Howell
Read now, and if you live in the Dallas / Forth Worth Metroplex go for it. Nothing wrong with saving the Texas Democratic Party from false Democrats.
I love it when I get mail from my favorite Christian, Don Wildmon. And does he have a complaint today!
HBO's Bill Maher Says Christians Have Neurological Disorder, Are Crazy
Dear Dominion,
Bill Maher, host of HBO's "Real Time With Bill Maher," says that all Christians are crazy and are unenlightened because of their faith. Maher made the comments on MSNBC's "Scarborough Country."
Maher said: "We are a nation that is unenlightened because of religion - I think that religion stops people from thinking. I think it justifies crazies. I think that flying planes in a building was a faith-based initiative. I think religion is a neurological disorder. If you look at it logically, it's something that was drilled into your head when you were a small child."
"When you look at belief in such things--as do you go to heaven, is there a devil--we have more in common with (Muslin countries) Turkey and Iran and Syria than we do with European nations and Canada and nations that, yes, I would consider more enlightened that us."
Maher said he wasn't speaking only of evangelicals, but included all religious people. He said he agreed with Jesse Ventura "who had that quote about religion is a crutch for weak-minded people who need strength in numbers."
Because of their neurological disorder, he said Christians "do not believe in science and rationality." He went on to say the future does not belong to religion. One recalls the famous quote from the Beatles in the 60's that they "were more popular than Jesus."
According to Maher, the Bible is a book of fairy tales, calling the account of Jonah a fairy tale the same as "Jack in the Beanstalk."
Had Maher said such things about homosexuals, he would have been immediately fired. But because he was speaking of Christians, his bigotry was acceptable to HBO, owned by Time Warner Inc.
TAKE ACTION
Send Mr. Maher an email saying you regret he has such a low view of Christians, and will pray that he be "enlightened" as to the true nature of Christianity. Explain to him that Christians appreciate the good science does and most Christians are rational individuals.
Well when my good friend Don asks me to write, what else can I do but write? And, saints be praised, you can even change the text of the letter! Make it your own, so to speak.
So please join me and my good friend Don. Write the WB and let them know just how good a job you think Bill Maher is doing. Smile as you write, realizing that you are sending your note on the AFA dime!
ASPEN, Colo. - Hunter S. Thompson, the hard-living writer who inserted himself into his accounts of America's underbelly and popularized a first-person form of journalism in books such as "Fear and Loathing in Las Vegas," has committed suicide.
I don't feel like writing much today. Hunter S. Thompson was one of my favorites. This is truly the passing of a unique American hero. He will be greatly missed.
I suggest, in his honor, you get blasted on your favorite intoxicant.
So when we last left little Andy Langer, he was vainly (or is that lamely) trying to convince us that R. W. Grace was a paragon of corporate responsibility. For proof he offered the "McGill University Mortality Studies" which actually had nothing to do with how responsible R. W. Grace was, to no one's great surprise. He made sure that I wasted an afternoon looking up this information by failing to give me anything but the most basic of search terms. It is nice to see Andy has not changed in all these years.
Really this did not surprise me. In spite of Andy's claim to have a special insight into environmental science (because his father was an environmental scientist, you see) he has never really exhibited the least bit of understanding of what science is, what it does, and how it works. Science, for Andy, is nothing more than politics.
But Andy has never been shy about embarrassing himself in public. All you have to do is check out our posting history together, and you can see that being a clown is what Andy does best. To prove it yet again (and since he can't seem to get the science right) Andy decided to take on the law:
Indictments, as I am certain you are aware, are sweeping, and frequently include all sorts of "piled-on" charges that in reality have little to do with any activities that may or may not have gone on. "Wire fraud", for example, is a frequently "piled-on" charge, as it is essentially any sort of communication which covers the act being considered criminal. Given the "strict liability" nature of environmental crimes (which means you do not have to know that the action you were engaging in was unlawful in order for you to be charged criminally), it is fairly easy to tack on any legitimate communication which covered what one though was lawful activity and call it "wire fraud".
Nothing like having someone as ignorant as Andy tell me what I am aware of, and quite frankly I am not aware of this little factoid at all. That prosecutors will add charges is nothing new, but the idea that a prosecutor can "'pile-on' charges that have little to do with any activities that may or may not have gone on"? No I am not aware of that at all. Now I know in my heart that it is useless to ask Andy for evidence of this, his most likely reply will be, "This is easily verifiable, just look up U.S. vs. Some Guy".
So just how "piled-on" were the charges? Let's take a look (warning .pdf file):
Indictment Conspiracy (Count I) Title 18 U.S.C. §371 (Penalty: Five years imprisonment, $250,000 fine, and three years supervised release; $1,000,000 fine per violation for organization)
Clean Air Act Violations (Counts II, III, IV) Title 42 U.S.C. § 7413(c)(5)(A) (Penalty: Fifteen years imprisonment, $250,000 fine, and three years supervised release; $1,000,000 fine per violation for organization)
Wire Fraud (Counts V, VI) 18 U.S.C. §§ 1343, 2 (Penalty: Ten years imprisonment, $250,000 fine, and three years supervised release)
Obstruction Of Justice (Counts VII, VIII, IX, X) 18 U.S.C. §§ 1505, 2 (Penalty: Five years imprisonment, $250,000 fine, and three years supervised release)
Yes I can certainly see how "piled-on" the charges are. But could it be true that these charges had "little to do with any activities that might have gone on"?
Count I (Conspiracy)
71. That beginning on or about 1976, and continuing until on or about 2002, at Libby, and other locations within and without the District of Montana, the defendants, W.R. GRACE, ALAN R. STRINGER, HENRY A. ESCHENBACH, JACK W. WOLTER, WILLIAM J. McCAIG, ROBERT J. BETTACCHI, O. MARIO FAVORITO, and ROBERT C. WALSH, and others known and unknown to the grand jury did knowingly combine, conspire and agree among themselves and others:
Objects Of The Conspiracy a. To knowingly release and cause to be released into the ambient air a hazardous air pollutant, namely asbestos, and at the time knowingly placed persons, including: families of employees of W.R. GRACE Libby vermiculite mining and processing operations; residents of Libby, Montana and surrounding communities in Lincoln County; and others in imminent danger of death or serious bodily injury in violation of 42 U.S.C. § 7413(c)(5)(A). b. To defraud the United States and others by impairing, impeding, and frustrating the governmental functions of the United States, including the United States Environmental Protection Agency (EPA) and the Department of Health and Human Services, specifically, the National Institute for Occupational Safety and Health ("NIOSH"); being federal agencies responsible for administering federal laws and regulations designed to protect public health and safety and the environment in violation of 18 U.S.C.§ 371.
72. It was a purpose of the conspiracy to conceal and misrepresent the hazardous nature of the tremolite asbestos contaminated vermiculite, thereby enriching defendants and others.
73. It was a purpose of the conspiracy to increase profits and avoid liability by misleading the government and preventing the government from using its authorities to protect against risks to human health and the environment associated with the manufacture, processing, distribution, commerce, use, handling, disposal, and release of tremolite asbestos contaminated vermiculite.
COUNT II (Clean Air Act - Knowing Endangerment)
186. That beginning on or about November 15, 1990, and continuing until the present, at Libby, within the State and District of Montana, defendant W.R. GRACE did knowingly release and caused to be released into the ambient air a hazardous air pollutant, namely, asbestos, and at the time, knowingly placed another person, namely the residents of the town of Libby and Lincoln County in imminent danger of death or serious bodily injury by providing and distributing asbestos contaminated vermiculite material to the community; and by causing defendant W.R. GRACE employees and their personal effects to be contaminated with asbestos, in violation of 42 U.S.C. § 7413(c)(5)(A), 18 U.S.C. § 2.
COUNT III (Clean Air Act - Knowing Endangerment)
188. That beginning on or about December, 1993, and continuing until on or about June 15, 2000, at Libby within the State and District of Montana, the defendants, W.R. GRACE, ALAN R. STRINGER, JACK W. WOLTER, and ROBERT J. BETTACCHI did knowingly release and caused to be released into the ambient air a hazardous air pollutant, namely, asbestos, and at the time knowingly placed another person in imminent danger of death or serious bodily injury by selling real property known as the "Screening Plant" to the Parker family, in violation of 42 U.S.C. § 7413(c)(5)(A), 18 U.S.C. § 2.
COUNT IV (Clean Air Act - Knowing Endangerment)
190. That beginning on or about November 15, 1990, and continuing until on or about the summer of 2000, at Libby within the State and District of Montana, the defendants, W.R. GRACE, ALAN R. STRINGER, JACK W. WOLTER, and ROBERT J. BETTACCHI did knowingly release and caused to be released into the ambient air a hazardous air pollutant, namely, asbestos, and at the time knowingly placed another person in imminent danger of death or serious bodily injury by leasing a property known as the "Export Plant" to the Burnetts and selling the property known as the "Export Plant" to the City of Libby, in violation of 42 U.S.C. § 7413(c)(5)(A), 18 U.S.C. § 2.
COUNT V (Wire Fraud)
192. That from on or about November, 1992 and continuing until late April, 2000, at Libby, within the State and District of Montana, the defendants W.R. GRACE, ALAN R. STRINGER, JACK W. WOLTER, and ROBERT J. BETTACCHI, having devised or intending to devise a scheme or artifice to defraud that is to obtain money from the Parkers and to avoid liability by selling property known as the "Screening Plant" to the Parkers without disclosing the health hazard associated with tremolite asbestos contamination on the property, did for the purpose of executing said scheme, on April 12, 2000 transmit or cause to be transmitted by means of wire, communications in interstate or foreign commerce, namely, a Letter of Intent, describing defendant W.R. GRACE’s plan for cleaning the "Screening Plant" and the compensation the Parker’s would receive, in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 2.
COUNT VI (Wire Fraud)
194. That from on or about 1994 and continuing until late July, 2000, at Libby, within the State and District of Montana, defendants W.R. GRACE, JACK W. WOLTER and ALAN R. STRINGER having devised or intending to devise a scheme or artifice to defraud, that is to avoid liability by selling and subsequently purchasing properties known as the "Mine site" and "Flyway" from KDC, Inc., did for the purpose of executing said scheme, on July 12, 2000, transmit or cause to be transmitted by means of wire, communications in interstate or foreign commerce, wiring instructions directing the transmission of payment for the purchase of KDC, Inc. stock, in violation of 18 U.S.C. § 1343 and 18 U.S.C. § 2.
COUNT VII (Obstruction of Justice)
196. On or about November 23, 1999, in the District of Montana, defendants W.R. GRACE and ALAN R. STRINGER, did corruptly obstruct, impede, and endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before the United States Environmental Protection Agency, an agency of the United States, by providing the following false and misleading information to the United States Environmental Protection Agency, to wit: that W.R. GRACE’s vermiculite concentrate contained less than one percent tremolite asbestos and that historical asbestos contamination problems a the Libby mine had been resolved in violation of 18 U.S.C. §§ 1505 and 1515(b), and 18 U.S.C. § 2.
COUNT VIII (Obstruction of Justice)
198. On or about February 22, 2000, in the District of Montana, defendants W.R. GRACE and ALAN R. STRINGER, did corruptly obstruct, impede, and endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before the United States Environmental Protection Agency, an agency of the United States, by providing to the United States Environmental Protection Agency false and misleading information in defendant W.R. GRACE’s response to an EPA CERCLA 104(e) Request for Information, to wit:
1. that W.R. GRACE did not provide vermiculite to the general public; 2. that W.R. GRACE employees did not regularly leave the mine with tremolite dust on their clothing; 3. that W.R. GRACE only informed EPA that it had provided vermiculite mill coarse tailings for use on the Libby High School running track, when in truth and in fact, W.R. GRACE had placed vermiculite mill coarse tailings at the Libby Junior High School running track and at the Plummer Elementary School ice skating rink; 4. that W.R. GRACE took actions to treat the roadway to the mine to minimize dust created by vehicular traffic, when in truth and in fact, W.R. GRACE used vermiculite mill tailings, to construct, surface and sand the roadway; and 5. that W.R. GRACE failed to inform EPA of air and environmental media sampling studies and results. In violation of 18 U.S.C. §§ 1505 and 1515(b), and 18 U.S.C. § 2.
COUNT IX (Obstruction of Justice)
200. On or about July 18, 2000, in the District of Montana, defendants W.R. GRACE and ALAN R. STRINGER, did corruptly obstruct, impede, and endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before the United States Environmental Protection Agency, an agency of the United States, by denying the EPA Superfund Emergency Response Team access to the property known as the "Mine Site," the "Flyway" and the "Bluffs." In violation of 18 U.S.C. §§ 1505 and 1515(b), and 18 U.S.C. § 2.
COUNT X (Obstruction of Justice)
202. On or about April 10, 2002, in the District of Montana, defendant W.R. GRACE did corruptly obstruct, impede, and endeavor to influence, obstruct, and impede the due and proper administration of the law under which a pending proceeding was being had before the United States Environmental Protection Agency, an agency of the United States, by providing the following false and misleading information to the United States Environmental Protection Agency, to wit: in a letter to the Administrator of the EPA, stated the following: "Grace’s expanded vermiculite, which was used in ZAI, poses no risk to human health or the environment;" ". . . [ZAI] contains biologically insignificant amounts of respirable asbestos fibers;" ". . . it is reasonable to expect that disturbance of [ZAI] will not result in hazardous levels of airborne asbestos fibers;" and ". . . there is no credible reason to believe that ZAI has ever caused an asbestos-related disease in anyone who has used in his/her home." In violation of 18 U.S.C. §§ 1505 and 1515(b), and 18 U.S.C. § 2.
Well I don't know about anyone else, but it sure don't seem to me that these charges had "little to do with any activities that might have gone on". But of course it is Andy's special talent that enables him to flap his gums when he doesn't know what he is talking about.
One final irony from the pen of Andy:
So, thanks for the tip, Dominion. Glad you're still committed to finding out the facts on you own, as well as willing to listen to the opinions of others. I'm also happy to see that you're still treating those who give you a dissenting view with an open mind and more than a modicum of niceness.
Ah, what would an Andy screed be without a bit of whine at the end?
In spite of Andy's claim to have "read a host of articles on the Grace indictments, including the Forbes Article" it is clear that he knows nothing that Grace did not tell him. For him to say that he has "been following the Libby situation long enough to be able to separate fact from fiction" is laughable. Andy's work is to take fact, and try to turn it into fiction. Fortunately for the rest of us, Andy is so very bad at it..
Andy, I have told you and told you and told you, I don't like you. I don't like people who lie. You lie, you lie often, but you also lie badly.
Andy, I respect people who's opinion differ from mine, as long as it is an honest difference. Your opinion is not honest, it is bought and paid for by the highest bidder. You don't care about the truth, in fact, the truth and you are deadly enemies. I know I have no hope of convincing you of this Andy, but it is pathetically sad that you can't present your case without lying through your teeth and spinning, spinning and spinning. You have been this way for years, and I see no chance of you ever changing. Blood money is so very important to you I know...
I have no niceness left for idiots like you. I don't intend to be nice to people that think a company can do no wrong, even when it is very clear that they did massive wrong.
R. W. Grace's policies allowed people to die. In effect if not in reality, they murdered people. And they will keep murdering people for years after the court cases are done. That you don't give a shit is something that should come to no surprise to anyone Andy. But the idea that I have to be nice to scum like you is ludicrous.
Well I see that once again that most annoying gnat, Andrew Langer, has decided to pollute my comment section with his own particular brand of Libertarian bullshit. He starts by claiming that "this indictment is hogwash".
We have already examined Andy's honest style of debate but for those of you who need a refresher check here,here, and here.
In truth I don't know why I bother, he is so easily refuted that just about anyone with an internet connection (which I trust includes all of my readers) could do so with an afternoon of reading. But heck I don't have anything better to do, and kicking Andy's ass is amusing, if nothing more...
Actually, Dom, I've read a host of articles on the Grace indictments, including the Forbes Article. But I've also been following the Libby situation long enough to be able to separate fact from fiction.
Which, in Andyspeak, means "I can put a political spin on just about anything. It won't be the truth, but what 'cha gonna do"?
Grace purchased the vermiculite mine in Libby in 1963, and began a comprehensive employee health and safety program that included regular medical monitoring, substantial upgrades to the ventilation sysstems, significant steps to control dust in the workplace (including the shutting down of the "dry mill" that is a central issue in the cases of mesothelioma, asbestosis, and other asbestos-related diseases in Libby), and the solicitation of independent studies into employee risks.
That is all easily verifiable information. Do a search for "McGill University Mortality Studies" and Libby, and you'll find out this information for yourself.
One of Andy's favorite trick is to tell you to "look up something" while failing to provide a link, reference, or heck, anything else that would make such information easy to find. Note he did not even bother to give me the name of the study! I guess Andy hopes that one day he will pull such shit and I will finally throw up my hands and say "To hell with it". Unfortunately for Andy, today is not that day.
For the record there were three studies done by the McGill team. They are:
Cohort study of the mortality of vermiculite miners exposed to tremolite 1986a - McDonald, J.C., McDonald, A.D., Armstrong, B., and Sebastien, P.: British Journal ofIndustrial Medicine, v. 43, p. 436-444.
Radiological survey of pastand present vermiculite miners exposed to tremolite 1986b - McDonald, J.C., Sebastien, P., and Armstrong, B.: British Journal of Industrial Medicine, v. 43, p. 445-449.
Health ofvermiculite miners exposed to trace amounts of fibrous tremolite 1988 - McDonald, J.C., McDonald, A.D., Sebastien, P., and Moy, K.: British Journal ofIndustrial Medicine, v. 45, p. 630-634.
Now one would think that this study would discuss all of the steps that Grace put in place to protect miners right? After all, Andy gives me this nice list then tells me that this is "all easily verifiable information". All I have to do is a search on the McGill Morality studies. But of course this is not what the study is about at all, which would have been instantly known had Andy shared the title of any of the three papers with us.
So then, what did the studies show? Well unfortunately I could not find a copy of the studies themselves, but here is a summery (warning .pdf file):
Health effects observed in Libby workers are typical of other groups exposed to amphibole-asbestos. It is important to note that no adverse health effects have been observed from exposure to vermiculite alone (Ross et al., 1993).Lockey et al. (1984) examined a group of vermiculite workers who were exposed to "tremolite-asbestos" in the vermiculite ore, and determined that occupational exposure to asbestos-contaminated vermiculite could cause pleural changes. Other epidemiological studies showed substantially increased risks of lung cancer, malignant mesothelioma, and pleural changes (McDonald et al. 1988; Amandus 1987b).The studies of McDonald et al. (1986a, 1986b, 1988), Amandus and Wheeler (1987), and Amandus et al. (1987a, 1987b) were performed in parallel and studied the health of men who were involved with mining and processing the vermiculite from the RCC. W.R.Grace funded the McDonald et al. (1986a, 1986b, 1988) studies, and the National Institute for Occupational Safety and Health (NIOSH) funded the Amandus and Wheeler(1987) and Amandus et al. (1987a, 1987b) studies. Both studies estimated the amounts of airborne asbestos workers were exposed to and calculated standard mortality ratios (SMR) for various diseases. These studies provide the definitive evidence that the amphibole-asbestos from the RCC is harmful to humans. McDonald et al. (1986a, 1986b, 1988) showed that there was a significantly higher incidence of lung cancer and nonmalignant respiratory disease in workers of the Libby vermiculite mine.
The study examined the exposure levels and health histories of 406 men employed for at least one year before 1963. It was determined that the SMR for lung cancer (SMR = 2.45) and nonmalignant respiratory disease (SMR = 2.55) were significantly higher for this cohort than for the white male population of the United States (McDonald et al., 1986a). The exposure levels were variable and dependent on workstation activity (Table 3) (McDonald et al., 1986b).
Gee not one word about all the wonderful things that Grace did to "ameliorate" the problems of worker health. So much for "easily verifiable"! For those of you that really want to learn about these studies, I highly recommend "Appendix A:Update Of Potency Factors For Lung Cancer (KL) And Mesothelioma (KM)"(warming .pdf file). It contains an excellent historical overview however I will warn you that it is highly technical. I especially enjoyed the part where the EPA points out that Grace prevented their employees from engaging in operations that would cause heavy exposure to asbestos dust during the McDonald study, but I digress!
Still, not being Andrew Langer, I actually want to learn some things so I carried on with the search. And, praise the Lord, I actually found evidence that Grace instituted changes in mine operation to reduce worker exposure. Where? Why probably the same place Andy found his evidence, the R. W. Grace page itself! Why it is simply chocked full of all the wonderful things that Grace did to protect their workers. Unfortunately for Langer, this is what they call "the bone of contention".
21. In the operation of the Screening Plant, there were occasionally spills, processing errors, or lack of demand for certain size grades of vermiculite concentrate.
22. At various times between 1963 and 1992, defendant W.R. GRACE placed the vermiculite concentrate that had spilled, vermiculite concentrate that was affected by processing errors, or vermiculite concentrate of a grade for which there was no immediate demand in various locations on the grounds of the Screening Plant.
23. At various times between 1963 and 1990, defendant W.R. GRACE allowed employees and residents of Libby, Montana to take vermiculite concentrate for their personal use.
24. At some unknown time in the 1970s, an employee of defendant W.R. GRACE informed the Libby Public School District that vermiculite materials from the Libby Mine could be used as a surface for the Libby High School running track.
25. At some unknown time, employees of defendant W.R. GRACE transported vermiculite materials to the Libby High School and the Libby Junior High School where they were laid and served as a surface for the running tracks at both schools for approximately seven years.
26. On or about 1981, employees of defendant W.R. GRACE transported vermiculite materials to Plummer Elementary School in Libby, Montana where they were laid and served as the foundation for an outdoor ice skating rink.
27. In 1990, defendant W.R. GRACE ceased vermiculite mining at the Libby Mine. Defendant W.R. GRACE continued vermiculite processing operations at the Libby Mine and the Screening Plant until approximately 1992.
28. In the mid-1990s, defendant W.R. GRACE sold several of the properties associated with its former vermiculite operations in and near Libby, Montana.
29. On or about December 17, 1993, defendant W.R. GRACE sold the Screening Plant to Lincoln County residents Mel and Lerah Parker.
30. From approximately 1993 to on or about June, 2000, Mel and Lerah Parker used the Screening Plant for commercial operations (a commercial nursery and mushroom farm) and their personal residence.
31. From on or about 1977 to on or about 1994, the defendant W.R. GRACE leased a portion of the Export Plant to various people and entities to use for organized youth baseball games and practices.
32. From on or about 1987 to sometime before on or about May 12, 1994, defendant W.R. Grace leased a portion of the Export Plant to Jim Regh, Melvin Burnett, and others for use as their place of business.
33. In separate transactions on or about May 12, 1994 and on or about February 23, 1995, defendant W.R. GRACE transferred portions of the former Export Plant property to the City of Libby.
34. From on or about 1995 to on or about 1997, the City of Libby leased a portion of the Export Plant to various people and entities to use for organized youth baseball games and practices.
35. From on or about May 12, 1994 to on or about 2000, the City of Libby leased a portion of the Export Plant to Melvin Burnett, who used the location for a retail lumber yard and related operations.
36. On or about 1994, defendant W.R. GRACE sold to an entity known as Kootenai Development Corporation ("KDC") approximately 3,600 acres of mountainous land that comprises the Libby Mine, 1,200 acres of which had been actively mined, and an approximately 20-acre parcel now known as the "Flyway," which is located between Highway 37 and the Kootenai River, adjacent to and south of the former Screening Plant.
37. On or about November 23, 1999, Environmental Protection Agency ("EPA") representatives arrived in Libby, Montana to investigate reports of a potential hazardous waste emergency relating to asbestos contaminated vermiculite.
38. As a result of its investigation, EPA concluded that the conditions at the site presented an imminent and substantial threat to human health and the environment. The site was ultimately declared a Superfund Site pursuant to federal law. As of December 31, 2001, EPA had incurred 55,100,000.00 dollars in cleanup costs.
Look, Grace probably did do some things to reduce dust exposure...so what? What you won't learn from Langer is that Grace was also getting hit with a lot of asbestos related lawsuits. Only an idiot would do nothing and I don't think the people that ran Grace were idiots. Plus I hear that the EPA also had some things they wanted changed...But again so what? Just how much information did the employees, townspeople, and buyers of Grace properties get from Grace on the dangers they faced? Grace says they gave all sorts of information to the employees. The employees...ahem...respectfully disagree.
So far, all Langer has managed to prove is that Grace was perfectly aware of the dangers the mine posed as early as 1983! What else can be said but Good Job!
W.R. Grace and Co. and seven high-ranking employees knew a Montana mine was releasing cancer-causing asbestos into the air and tried to hide the danger to workers and townspeople, according to a federal indictment unsealed Monday. More than 1,200 people became ill, and some of them died, prosecutors said.
The asbestos was naturally present in a vermiculite mine operated by Grace in the small town of Libby for nearly 30 years.
The federal grand jury said that top Grace executives and managers kept secret numerous studies spelling out the risk the cancer-causing asbestos posed to its customers, employees and Libby residents.
The indictment also accused Grace and Alan Stringer, former manager of the now-closed mine, of trying to obstruct efforts by the U.S. Environmental Protection Agency to investigate the extent of asbestos contamination in the Libby area beginning in 1999. Additional charges in the indictment include wire fraud and violating the federal Clean Air Act.
[...]
As early as 1976, the company knew of lung health problems among its employees at the mine, according to the indictment.
Grace executives also had reports or studies warning of the dangers of asbestos vermiculite exposure in 1977, 1980, 1981, 1982, the indictment alleged. At one point, it said, Eschenbach responded to one of the studies by writing in a memo: "Our major problem is death from respiratory cancer. This is no surprise."
Despite having that information, the indictment said, Grace officials told the EPA in 1983 that there was no indication their products posed a substantial threat to human health.
The company, knowing of the dangers from its product, provided vermiculite for a junior high school running track and as a base for an ice rink, the indictment said. It said Grace also sold or leased some of its contaminated properties to local residents for homes and businesses, for baseball fields and for city use.
Adelphia Communications Corp. the nation’s fifth largest cable company, is showing hardcore pornography on their cable systems. All other cable companies are expected to follow Adelphia’s lead. Adelphia felt safe in offering the illegal obscenity because they know that the Department of Justice (DOJ) will not prosecute them. By their inaction, DOJ has indicated that they will not prosecute any cable system or Internet provider showing hardcore pornography.
During the past 12 years the distributors and retailers of obscenity have had an open door to distribute their product while DOJ looked the other way. The first 8 years were under the Clinton administration. We can understand why there were few prosecutions, and those only of child pornography. The last 4 years were under the George W. Bush administration which simply followed Clinton’s lead.
Back in 2000, former Attorney General John Ashcroft, whom I consider a friend, promised he would begin prosecution of obscenity. He did not. He even appointed Drew Oosterbaan, a holdover from the Clinton administration, to head the Child Exploitation and Obscenity Section. The CEOS section of DOJ has the responsibility to prosecute obscenity.
DOJ has given a green light to every pornographer in America to trade their wares without worry. The laws to protect our children from obscenity are in place, but Oosterbaan and DOJ refuse to enforce them.
It is time for parents to take a stand for their children and demand that DOJ enforce the law. Because of the addictive nature of pornography, the pornographers know that if they capture the children they will have customers for many, many years.
*TAKE ACTION*
Send a letter to Attorney General Alberto Gonzales and to President Bush asking that the DOJ enforce the obscenity laws.
Thanks for caring enough to get involved on behalf of our children and families.
Sincerely,
Don
Donald E. Wildmon, Founder and Chairman American Family Association
Well certainly the DOJ has nothing better to do than chase pornographers, I mean, since they had all of those very successful terrorist prosecution under John "Cover them boobs" Ashcroft. Why, there must not be a terrorist left in this great country of ours!
Still one wonders how Don feels about the fact that his holy hero, the man that was gonna bring God's law down upon the heathen head, let him down on porn.
It never fails to crack me up when I hear a right winger tell me that liberals want a "nanny" state. I suppose if you care about workers getting hurt on the job, innocent people being hurt by industrial accident, a concern about the ecology on this planet, is being a nanny then nanny I'll be.
But really, is this not even more an attempt to form the nanny state? Is parenting so hard that you can't take the time to monitor what your kids watch? Is your typical AFA member simply incapable of keeping an eye on their kids...so incapable that the only answer is to have the state do the job for them? Forgive me, but I think that is the very essence of being a "nanny".
Well the old computer is acting up again, so I will be spending the day trying to discover what the hell is going on. Looks like it is upgrade time, I have had this computer for almost six years so it is not all that surprising that it is on it's last legs. So it is possible you won't see an update till Monday. Fair warning.
But before I go I did want to mention a mention I got from Robert Todd Carroll of "The Skeptical Dictionary" was kind enough to link to my rather extensive critique of Penn & Teller's "Bullshit" in his newsletter. You can find them here and here. In the first newsletter he defends the "Second Hand Smoke" (aka ETS) episode by claiming that P&T was quite correct in pointing out that there is no evidence that ETS causes cancer. So I was quite ratified to find this in the very next newsletter:
Several readers wrote to tell me that I let Penn & Teller off the hook too easily in my last newsletter. Even though P & T were correct about the tainted nature of the Environmental Protection Agency report in 1993 that claimed that passive smoking causes 3,000 lung cancer deaths a year, they were not justified in concluding that laws forbidding smoking in pubs and restaurants are not justified.
[...]
Okay. I agree. I wimped out on this one. P & T shouldn't get a free ride on environmental and scientific issues just because they ridicule Van Praagh, alternative medicine, alien abductions, ESP, creationism, feng shui, and Ouija boards.
Which has pretty much been my point all along.
See ya as soon as I can get things up and running again.
Independent players that have made Windows more secure could suffer
Spyware -- software installed on your computer without your knowledge or consent -- has overtaken viruses as the biggest security threat facing Windows computer users. With diligence you can avoid virus infection. But just a visit to the wrong Web site can load your PC with software that changes your browser home page, spews ads, or even steals passwords.
Microsoft's (MSFT ) decision to jump into the fast-growing market for anti-spyware utilities is ironic. Spyware took off mostly because a multitude of flaws in Windows and the Internet Explorer browser let the bad guys sneak nasty software onto PCs. Windows XP Service Pack 2, last summer's overhaul of Windows, helped, but it didn't cure the problem.
The new Microsoft AntiSpyware is available in a test, or beta, version, for free download. It's a hastily repackaged version of a program acquired in Microsoft's December purchase of Giant Company Software. It looks like a solid program, though security software is hard to assess without detailed technical analysis. It's more user-friendly than the leading free anti-spyware products, Lavasoft Ad-Aware and Spybot Search and Destroy, and it does a good job of telling you what it's doing and why. For example, if you install the Google (GOOG ) Toolbar, it notifies you that a new program changed browser settings but was allowed to because it is known to be safe.
Of course, the most telling part of the article is this:
THE MICROSOFT PROGRAM DIFFERS from most others by not raising alarms over "tracking cookies," small files that can let Web sites monitor your browsing activity. The handling of these cookies is controversial because they can steer you to information you want -- or pass personal data to third parties without permission. But you don't need AntiSpyware to manage them; you can just set preferences on your browser.
Whereas it is true that you can set your browser to take care of most cookies, the reality is that most people don't bother with their browser security settings. Dare I say Bill might just have an ulterior motive?
Nor am I sure what is meant by it is more user friendly than Ad Aware. Ad Aware is pretty easy to use, it will take care of most spyware without you having to do more than download an occasional reference file and click a few buttons. If you are infected with something special it is not that hard to get help.
I have always had a warm, fuzzy place in my heart for graphology. It sounds so scientific, so logical, makes so much sense. But just because something seems to make sense, it does not follow that it is true.
Some years ago when Doug Johnson still had his radio show here in Houston, he invited a graphologist to be on the show when he was broadcasting from a mall. Well I and my best friend simply could not resist. We went down there with a handwriting sample from a young female. Naturally the graphologist assumed the sample belonged to me.
Now don't get me wrong, there is a branch of science that concerns itself with handwriting but it's practitioners are known as forensic document examiners. They have nothing to do with graphology.
Now the reason I bring this up is because this is simply too delicious:
AS WORLD leaders discussed international aid for Africa, Tony Blair scribbled notes and doodled. Unfortunately for him, after the World Economic Summit in Davos, Switzerland, his notes fell into the hands of a Emma Bache, a graphologist.
Her verdict: the Prime Minister’s surprisingly chaotic script indicates an aggressive, unstable man who is feeling under enormous pressure.
Mrs Bache, who regularly carries out employee assessments for firms such as Barings, said: “I analysed his writing 18 months ago and there are marked differences. Then, his writing was much more fluid indicating that he felt more easy-come-easy-go. The ticks, such as the upward stroke on the ‘t’ in taxes, were not so angular.
“He is a lot more assertive and aggressive than in recent years because there are lots of very angular strokes. There is a lack of curves and a lot of irritability which he is struggling to keep under control.
“There is also a lot of retracing of the strokes, which I have never seen him do before. He is feeling very much under pressure so an obsessive-compulsive nature is coming out. The pressure he is putting on the pen is also quite heavy, which is an indication of stress and tension.” Mr Blair may have been feeling some antipathy towards those at the meeting, including the Microsoft billionaire Bill Gates and the rock star Bono, who are both considerably richer than him, she added.
Ms Bache said that the Prime Minister’s writing changed depending on whom he was writing to. “There are some people who really get his goat. If he doesn’t like someone he becomes very aggressive with big ticks like the one on the end of the ‘t’ in taxes.”
Wow, is this impressive or what? Of course the punchline came a couple of days later:
AHEM. We have a confession to make. We have, not to beat about the bush, been had.
If you have read, in this and other newspapers in recent days, an uncomplimentary analysis of Tony Blair’s character based on doodles from his notepad at the World Economic Forum in Davos last week, erase it at once from your memory. We, along with other titles of varying respectability, may have got the wrong man.
Graphologists enjoyed their most lucrative day’s work in years when a pad of scribbles was left behind on the platform after a press conference given by Mr Blair, Bill Gates, the Microsoft tycoon, and Bono, the Irish rock star.
From a few idle doodles, the experts were able to offer a thorough assessment of Mr Blair as an aggressive, unstable man under enormous pressure, struggling to keep his irritability under control. We do not profess to know how they do it, but we do know that Downing Street insisted yesterday that the scribblings were not the work of Mr Blair at all, but of Mr Gates.
Critics have had a field day with Wal-Mart stores Inc. (WMT ) in recent years, coining the term Wal-Martization to slam it for everything from alleged sex discrimination to poverty-level wages. The world's largest retailer finally got so fed up that it launched a 100-newspaper ad blitz in January to get out the message that "Wal-Mart is working for everyone."
Far from calming the critics, however, Wal-Mart's move has been more like blood in the water -- particularly to organized labor, which is gearing up to launch what's likely to be its most ambitious effort ever against any company. The centerpiece: a massive national campaign to spotlight Wal-Mart's employment practices.
Yes, the answer for all your upset employees is to run newspaper ads
Well I do have to admit it is probably cheaper than paying a livable wage.
