Monthly Archives: June 2013

Bow Tie Blumenauer Lambasted by Witness in IRS Hearing Today. And Memory Lane: Blumenauer in 2011 Blaming Tea Party for Liberal Crashing Plane Into IRS Building

IRS Hearing blumenauer2John Eastman, Constitutional law expert, law professor, former Dean of the Chapman IRS hearing eastmanSchool of Law and head of the National Organization for Marriage was in Oregon Congressman Earl Bow Tie Blumenauer’s cross hairs today at the IRS Hearing before the House Ways and Means Committee. And then it all went wrong for the smug, self satisfied millionaire Congressman who somewhere along in his career began to always think of himself as the smartest guy in the room. He showed the world what we constituents always knew: he’s not. 


Eastman showed the leaked documents bore the IRS seal. Huffington Post and Human Rights Campaign posted the donors to intimidate them (which is exactly what happened).
Eastman showed the leaked documents that bore the IRS seal. Huffington Post and Human Rights Campaign posted the donors to intimidate them (which is exactly what happened).

Eastman accused the IRS of leaking the National Organization for Marriage list of donors to the Human Rights Project–the group specifically countering pro traditional marriage efforts. Eastman alleged the leak was a felony. He also averred that due to the intimidation of donors after the leak of their names, the pro traditional marriage effort was stalled.

I tweeted along Blumenauer’s statements which basically went like this: advoca

IRS hearing bow tie

ting for gay marriage is public good and ok, advocating for marriage between a man and a w

When he got the chance to speak again Eastman let Blumenauer have it,
oman is political speech, therefore your group was rightly targeted by the IRS. He also made an outrageous statement that it was somehow wrong for NOM to be against pornography. I need to get a direct quote on that. 

IRS Hearing tweets eastman bow tie

“Rep Blumenauer, it’s your kind of statements that empower the IRS agents to make determinations about which organizations qualify for the public good [applause breaks out] and which do not. The notion that defending traditional marriage does not qualify as a defense of the public good is beyond preposterous.” 

And let’s go back down memory lane, shall we, when Bow Tie Blumenauer upbraided Rep Todd Akin for calling the IRS goons a ‘goon squad.” This is when conservative groups started complaining about being targeted and Congressmen started asking about it.

IRS Hearing: Baghdad Jim McDermott to Conservative Groups: You Asked for It.

IRS hearing mcdermottBaghdad Jim McDermott sounded like the old coot he is today during the House Ways and Means Committee’s IRS Hearing when he basically told the victims of the IRS that they deserved it. And they were PREPARED REMARKS. 

“If you didn’t come in and ask for this tax break, you would have never had a question asked of you. You could go out and say anything you want to world. And I get the feeling that many of you and [laughs] my Republican colleagues believe you should be free from political targeting but you believe you should be free from any scrutiny.” 

I’ll bet he tells that to allllll the rape victims. Following this absurd soliloquy, a Tea Party member corrected him by saying that 501c4 organizations don’t take food out of the mouths of starving children. Another Congressman corrected his lie about applications being four times the number they were before. 

In other words it was a typical day for Baghdad Jim. 

And Congressman Paul Ryan came back after McDermott:

Boom! IRS Tea Party Targets Testify Before House Ways and Means. Lecture Them on Tyranny.

IRS hearing kenny

“We’re the San Fernando Valley Tea Party not Occupy Oakland.”

From AP WASHINGTON (AP) — The leaders of six conservative groups targeted by the Internal Revenue Service get to tell their side today at a House Ways and Means Committee hearing.
The hearing is scheduled to begin at 10:00 a.m. EST.
Several of the groups say their applications for tax-exempt status were delayed while agents asked intrusive questions, hindering fund-raising efforts.
Mr. John Eastman, Chairman, National Organization for Marriage
Ms. Diane Besom, Laurens County Tea Party
Ms. Becky Gerritson, Wetumpka Tea Party
Ms. Karen Kenny, San Fernando Valley Patriots
Mr. Kevin Kookogey,Founder and President, Linchpins of Liberty
Ms. Sue Martinek, Coalition for Life of Iowa
A new report is scheduled to be released today on IRS spending for employee conferences.

Ms. Becky Gerritson, Wetumpka Tea Party told the House Ways and Means Committee what happened to her group at the hands of the IRS.

Bernie Giusto: Divorcing Kyron

Kyron Six MonthsCops, I mean real life long cops in both commitment and talent, come to the career possessed with passion to fix all the wrongs in the world. By the time they hang it up most cops know they’ve made a positive difference in the daily lives of individuals they have protected and served. 

And then there are those who come to the profession possessed with passion and leave it haunted by one case. 

If a police career takes that fateful turn there will be that one unsolved case, that one victim, that one set of circumstances and that one suspect that will forever haunt that cop. Not long after the luster of unsuccessful headline searches, crime scenes searches which have turned up nothing, and a non-named suspect who is still suspect, the haunting of that career will be have begun and in truth will be undeniable. While others get to move on, these cops will have no choice but to chase this ghost.

Kyron terry hormanJune 4  marks the third anniversary of the criminal acts by the criminal suspect(s) associated with the unsolved and cold case disappearance of Kyron Horman from his “safe” school surroundings.  And although the end of the story is yet to be written, careers in the Multnomah County Sheriffs Office are beginning to feel the haunting. 

Not long after the luster of unsuccessful headline searches, non-crime-crime-scenes-searches which have turned up nothing, and a non-named-suspect-who-is-still-suspected, the haunting began. Others move on to marathon street bombings and other more recent high profile criminal acts. The Kyron cops will have no choice in their minds but to resolve what may look to others like the unsolvable.

I know these are real cops by true definition. Committed and talented, nonetheless they are now clearly looking in the rear-view mirror wondering how it might have been different. There will be no second guessing out loud but privately there will much unresolved professional angst. 

The haunting drives a motivation for continuing what is seemingly a go no investigation and comes complete with a competitive drive not to be outsmarted and –worse yet- to acknowledge defeat. Publicly it will be about answers for the family and justice for Kyron. Privately it will be about getting the ghost out of the room.

There is a true sense of professional loss in the Kyron case already. Regardless of the end result, there is already a substantial fear of losing the public’s confidence. In that rear-view mirror the what ifs include whether the technical part of the investigation was sound. It sure doesn’t look like it from the outside. Here the working cops Kyron search and rescuecan claim a clear disclaimer.

The public view is an investigative series of “almost” and continual promises of progress the results of which were “just around the corner”. But there are other obvious problems with the case:

  • It is search and rescue operations with no rescue and searches of no evidentiary value. 
  • It is a very prominent announcement of a task force that came as news to some agencies who were named as participants. 
  • It is a still-breathing but dormant, record length Grand Jury with no indictment in sight.
  • It is the fact that a clearly criminal investigation and prosecution at very high levels have spent much more time arguing in traditional civil and divorce courts than in criminal court.

kyron and kaine hormanIf justice is found for Kyron, who is the true client of the state here in either divorce or civil court, there may be a new kick-start strategy for the stalled criminal investigations.

Who cares? To any of the public who may still be tuned in, it all sounds a lot like “never mind”. And you ask why is this important? Because on August 1 the beat goes on and if you are still out there you may want to tune in again or maybe not? 

So return with me to the civil courtroom of Judge Henry Kantor November 28, 2012.  You will might recall with the urgency that only a motion from the District Attorney and the Sheriff themselves could create August 1, 2013 as the new date which would cause sealed document breathlessness in this investigation.

You will certainly remember  that Judge Kantor would grant a delay in the civil bout with Desiree Young in one corner and Terri Horman in the other until August 1.  The public impression must have been that the judge’s decision was in support of clear statements coming out of the investigation that there had been significant progress (almost there!) in the case. And the fear was that statements given during the civil proceeding would complicate the (just around the corner!) completion or at least important movement of the criminal investigation. The judge made the right call; in fact it was the only call he could make.

If there was nothing magical about August 1, then what next? It sure seemed like there was something we should be waiting for and maybe there will be. But if there is not and there is no reasonable (forget rational) explanation, then the case has been put at risk of becoming irrelevant. Kyron himself and the public’s confidence are tossed aside. 

Blame for a unsolved crimes is not the issue here. There are many. But measured, meaningful and accountable public communication is the least to expect. If there is nothing we can rely on then don’t say anything.

When inexperienced top guns in police administrations want to act like the titanic has not sunk they begin the verbal rope a dope. To the public it may only be an annoyance. But the bigger problem is that play by play communication strategy puts immense pressure on the working cops that face the facts as they really are and the public everyday.  When it is made sound like this or any high profile investigation is all but wrapped up they are ones left in our communities to answer for the opposite. And when August 1 rolls around it will be the cops that will be asking, “and now what”?

The greatest risk of all is that the best investigative minds working on this investigation will only be distracted by a Ouija board communication strategy. And frankly, I want to have the cops laser focused for the next two months so they can find the missing link in this case which is getting ever colder.

More than anything, when August 1 comes I want to be to say say that my instincts were wrong and that the haunting is over for all of us.  And that justice delayed for Kyron is not justice denied.

Oregon Legislature Criminalizes Smoking in Cars With Kids

Oregon officials have never heard of opening a window to smoke in your car. They just want to control what you can do in your car.
Oregon officials have never heard of opening a window to smoke in your car. They just want to control what you can do in your car.

The Oregon State legislature has sent to the Governor a bill that criminalizes smoking in your car with any child under 18 years old.

Let me repeat. If the Oregon Governor signs this bill you may not participate in a legal activity with yours or anyone else’s kids in your private property with your own children in the car.

This Bloomberg-Democrat-Nanny-State-esque move is brought to you courtesy of the freedom killers in the Oregon Democrat party who believe they know so much better than you do about what you should be able to do while driving your car. It’s a bill that has been trotted out every legislative session for the past few years. 

They believe that you are so stupid, ill informed and discourteous that you won’t turn on a vent, open a window or otherwise think of your children before lighting up in a confined space. 

And like everything else, the criminalization process starts out as a secondary offense,

A police officer could enforce the ban only if the driver had been pulled over for separate traffic violation. A maximum fine for the first offense would be $250.

But like using your cell phone while driving, it soon will become a primary offense. In fact, I would bet the bill is already written.

I’m not a big fan of cigarette smoke, but the basis upon which this decision was made is a faulty one. The only 40 year longitudinal study on second hand smoke conducted by UCLA determined that ‘second hand smoke’ neither contributes to cancer nor heart disease. 

The people who think they’re doing you a favor are really just trying to get inside the cockpit of your car to further dictate what else they’ll allow you to do. And between cell phone use and smoking OSP officers will have near carte blanche to pull you over. 

Welcome to the Terror Dome. 

UPDATE: Back Online. National Back Ground Check “Problem” Stops People From Getting Guns

Gun Applications 98-2012 and then 1-12--11-12 per thousand of 2012 numbers
The numbers of gun applications thru 2012.

News Release from: Oregon State Police
Posted: June 3rd, 2013 9:19 AM

Currently, the National Instant Check System (NICS) is unavailable and firearm background checks cannot be processed until this service is restored.  We will provide and update when the system will be available so we can resume firearms background checks.

The Oregon State Police understands how frustrating this unexpected disruption is for those who rely on this service. We will work hard to complete any outstanding requests as soon as possible.

What problem? Still checking. 

I still can’t figure out what happened. There are no national news stories or press releases or anyone spilling it.  I just got this from Oregon State Police, which also doesn’t mention what happened,

News Release from: Oregon State Police
Posted: June 3rd, 2013 9:35 AM

The National Instant Check System (NICS) was unavailable and firearm background checks were not processed until the service was restored as of approximately 9:30 a.m. The Oregon State Police appreciates everyone’s patience because we understand how frustrating the unexpected disruption was for those who rely on this service. We will work hard to complete any outstanding requests as soon as possible.

Under ObamaCare We’ll All Be Sarah Murnaghan

This is what a death panel looks-- like even before ObamaCare.
This is what a death panel looks like— even before ObamaCare.

This is a scenario that will play out more and more as ObamaCare becomes integrated into the health care system and making your health care decisions for you. The government gives, the government takes away. Government rationing is Sarah Palin’s death panels.

Right now, irrespective of ObamaCare, nation wide rules say ten year old Sarah Murnaghan is too young to receive a transplant in the adult transplant program where there are more lungs to go around. The Daily Mail reports that the family even asked the Health and Human Services Secretary to waive the rules–which she can do if she wants.

Though Sebelius asked for the Organ Procurement and Transplantation Network to review the policy on lung allocation in a letter Friday, according to The Associated Press, she did not override it.

‘Secretary Sebelius’ decision to not exercise her very clear authority under the law to intervene and mandate a variance that would help save Sarah’s life is devastating,’ Sarah’s parents said in the statement according to the Daily News.

Sarah hasn’t been told, but she has been given only five weeks to live. Her parents are understandably desperate,

She relies on a ventilator to breathe and has been on the waiting list for new lungs for 18 months – and is top of the priority list for children in Delaware, Maryland, New Jersey, Pennsylvania, West Virginia and northern Virginia.

But so far, none have become available – and because she falls two years below the cut off for adult lungs, she can do nothing but wait.

One positive note. In this case the parents are going over the heads of the health care establishment to get a obamacare-nodedicated lung transplant for their daughter from a caring family who’s lost a loved one. So far they’ve had no luck. 

Our hearts break now. But as ObamaCare is implemented, more and more rules will be determine what health care procedures the government will allow us to have. Sadly, as these cases become more numerous–and they will–we will nationally turn our backs on these needy people because the thinking will be ‘why should I have to pay for it?’ Class envy will pervade every decision. Isn’t that what Occupy Wall Street was all about? He’s rich and I’m poor so he must have gotten rich by stealing from me.

Under ObamaCare we’ll all be in the same boat. People will be envious of others who go around the rules to get what they need. People will object. Our health care will become their business. And it will be a loss of the most basic kind of freedom. 

We’ll default to the obvious lie that, “the government will take care of them.”

The President and his underlings crammed, bribed, buttonholed and jammed this legislation down our throats on Christmas Eve 2009 and then set about using the tools of government–the IRS, HHS, EPA, Justice Department– to destroy the people who opposed it. 

Sarah Murnaghan will die without a transplant. The rules said she couldn’t have one. 

Under ObamaCare we’ll all be Sarah Murnaghan.



Bernie Giusto: US Cops Are Unprepared for New Age Bad Guys.

Giusto believes the two Boston Marathon bombers would have stayed behind to be arrested or killed except they had other bombings to tend to.
Giusto believes the two Boston Marathon bombers would have stayed behind to be arrested or killed except they had other bombings to tend to.

It used to be that the line between cop and bad guy was well defined: cops chased and bad guys ran.

The legends surrounding our most infamous crooks such as Jesse James have been more about the chase and capture than about the stolen loot. Dirty Harry made everyone’s day by challenging the ‘punk’ as he lay cowering on the ground. We wondered along with the crook if Harry had one more bullet left in his .357 magnum.

This game of chase is a by-product of our frontier society. Citizens expect it. Cops are exhilarated by it.

But the world is getting to be a more dangerous place and the criminals don’t necessarily subscribe to our model of street justice anymore. 

Our bad guys act in their own skewed self interests, not with the intent to effect social change by robbing a bank or committing indescribable sex crimes. Normally,they are only as committed as their ability to get away. And most importantly when they do what they most often act with the intent to escape because they fear the goods guys.

Jihad Corvallis Mohammed Mohamud
Mohamed Mohamud plotted to kill or maim thousands at Portland’s tree lighting ceremony. He planned to run away to Yemen to help his ‘brothers’ in Al Qaeda.

But across the world a new breed of bad guys do not necessarily agree the pursuit of a peaceful and lawful society rank high on the list of “the best method of effecting social change”. Their definition of collateral damage of street violence is not based on placing the highest of value of human life including theirs. It is based in the belief that killing innocents at a street bombing is the price of doing business without which they can’t make their point.

They not only are not afraid of the good guys, they are not afraid of death. They won’t run, they come to die along with the unsuspecting they take with them. They do not fear the good guys and cherish their deaths. Instead they promote the fatal clash with authority as a method to further their martyr’s cause.

They are members of a religious death cult that uses terror as their weapon.

Don’t give into the temptation to play the mentally ill card as a way to explain away their commitment to violence. That view seriously underestimates these new age bad guys and the new type of fearless violence which is arriving and on our streets and the streets of other nations. The difference between the tragically mentally ill who want to confront the cops to facilitate the end of their mental torture often mean harm to themselves.  


This is a new type of street violence and a new type of bad guy. It is does not matter if it is the act of out of town terrorists, brought back from Russia by self radicalized zealots or imported in cyber form to be acted out Middle Eastern style on our streets by religious zealots. We are a nation and criminal justice system unprepared for street bombings and dynamite jackets.

I believe that two brothers who calmly bombed the street of Boston had no intention of running away to escape capture. At best they were retreating to regroup to bomb again. I believe they were very willing to die for their radicalized beliefs regardless of how poorly planned or the likelihood of success. This is a warning shot for our cops and our nation. Lone wolves or not, they introduced new type of criminal attitude our law enforcement establishment had better heed.

The daylight killers of a British soldier waited fearlessly at the body on the streets of London for several minutes –giving interviews to unarmed citizens!–only to be shot by the police.  Their purpose was about visibility for their cause not running to escape their deed.

Understand that these criminals are different. They are driven by personal gain fueled by religious extremism and it is a very dangerous difference for us all. When it comes to the kinds of criminal acts we will experience on our streets and in our communities, we should have bad taste in our mouths given the events of the last 45 days. 

Why would we believe our streets, our communities, or national gathering events are inoculated from these kinds of acts by our current law enforcement model?

This victim of the Boston Marathon bombers made a plea that the Islamic death cult members won't heed.
This victim of the Boston Marathon bombers made a plea that the Islamic death cult members won’t heed.

Our cops are relentless in their pursuit of those who challenge the laws of our society and we place a high value on their bravery and commitment. The time has come for our law enforcement leaders to call out this new age bad guy and their new type of violence. There must be a very high value placed on early warning, early identification and seamless intelligence. Excusing connecting the intelligence dots threatens the well being of our citizens and the stability that safety brings to a free society and one we must be able offer to our children.

Our measurement of law enforcement success must change. The new breed of death cult crooks won’t need to be chased after the act because in the years to come they will be waiting, not running.