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We don't have the death penalty in Ireland. Court injunctions can be sought against parties whose current or intended actions could be damaging or prejudicial to a plaintiff to prevent the harm actually occurring.  Appeals to a higher court can be against either or both conviction and sentence on points of fact or law..

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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Summary of the week ending 19 Aug in one impolitic headline.
Rash of Vehicular Homicides and Redecorating

by Cat on
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Charlottesville Police Said to Issue Warrant for Rally Speaker
The police reportedly issued the warrant for Cantwell for his alleged illicit use of pepper spray and injury by caustic agent or explosive.
[...]
As he listed all of the procedures he and his associates followed in order to gain an assembly permit for the fatal "Unite the Right" rally on August 12, Cantwell said he "honestly" believed he has been "law-abiding."

hmmm. DoJ being in the state it's in, it is unlikely anyone is left to assemble mail and wire fraud charges against Cantwell. That case could, if successful, put him away for a few years. No "Hate Crime" escalation needed!

by Cat on
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In story: 14 - 20 August 2017

Re: Meddling & Interference: Europe
( / )
Maybe in Ireland.  

In the USA,the convicted person doesn't "appeal" the sentence. The convict's complaint addresses the injury (certain death) resulting from defective "due process" at trial e.g. errors in findings of fact (evidence) or findings of law (procedure) that preclude an exculpatory verdict. The remedy sought is a new trial.

by Cat on
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In story: Now you see it, now you don't

Re: Now you see it, now you don't
( / )
Purely intra-Ireland trade across the border is miniscule as a proportion of total EU trade if one discounts the trade by a few large firms like Diageo, Tesco, and big pharma.  These are already heavily policed and can pay any net tariffs due much like their VAT returns. OECD BEPS (Base erosion and profit shifting) proposals will require similar accounting in any case.

The remaining small firm and private individual trade can be safely ignored.  It is insignificant in EU terms and will represent some compensation for the loss of trade and inconvenience Brexit will create in other areas.  In practice, if not in theory, the customs border will be moved into the Irish sea.

Customs controls at Irish ports/airports will have to ensure that any Irish imports/exports are not destined for or originate from the UK using existing Certificate of Origin and end customer invoicing systems. This will result in a lot of additional work for Irish customs, but the additional cost of routing goods for the UK market through Ireland should limit such trade in any case.

The UK will be free to implement its own customs and immigration controls wherever it wants within it's own territory, and will quickly find that this is most practically done at N. Ireland air and sea ports - whatever the DUP might say.

The EU response to the UK proposals should therefore be to propose that N. Ireland, which didn't vote for Brexit, and which under the Good Friday Agreement is required to obtain a majority within Northern Ireland for major constitutional change, should remain within the Customs Union and Single Market thus moving the customs border (but not sovereign border) into the Irish sea..  

The DUP will freak out, but will be sold down the river once its votes in Westminster are no longer required. It cannot be otherwise, if Ireland is not to veto any post Brexit deal. If that means waiting until after the next Westminster elections, then so be it.  The EU can afford to wait. The UK less so.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: Now you see it, now you don't

Re: Now you see it, now you don't
( / )
Fintan O'Toole: UK government's border proposals for Ireland are absurd
The British government has a lot of seducing to do. By October, it has to have persuaded all the EU member states that "sufficient progress" has been made on the three big preliminary issues: the monetary divorce bill; the mutual rights of British citizens living in the EU and vice versa; and Ireland. To put this more bluntly, if the Irish government is not persuaded that Britain has a serious plan for the avoidance of a hard border on what will be its only land frontier with the European Union, the talks on a post-Brexit final status are going nowhere. This reality seems to have dawned at last - hence a position paper that could not be more emollient if it came dripping with honey.

But to understand how this seems to the Irish government and to most people on the island, imagine you are in a decent job. It is reasonably paid, apparently secure and the working environment is quite amicable. Your neighbour, who you like but do not quite trust (there's a bit of history there) comes to you with a proposition. She's establishing an extremely risky start-up venture with a high probability of catastrophic failure. Will you join her? Well, you ask, what are the possible rewards? Ah, she says, if - against the odds - everything goes splendidly, you'll get the same pay and conditions you have now.

---<snip>---

As with the whole Brexit project, the proposals for Ireland are credible only if you accept two mutually incompatible propositions: a) The UK is creating the biggest political and economic revolution since 1973; b) pretty much everything will stay the same. It fully concedes that the changes most of us fear from Brexit - the reimposition of a political and economic border and the reversal of so much of the progress made since the Good Friday agreement of 1998 - would be terrible. Indeed, it goes even further and characterises these changes as unacceptable. But it then goes on to suggest, in effect, that these utterly unacceptable things will not happen only if the EU gives the UK all the benefits of the customs union and the single market with none of the costs or restrictions.

The one really bold move in the paper is its rejection of the technological utopianism of the more enthusiastic Brexiteers, especially in the Democratic Unionist party. The commitment to "avoid any physical border infrastructure" means that there can be no CCTV cameras or registration-plate recognition systems. Magical machines are not going to take the place of human customs officers.

This is a welcome concession to reality, but it is predicated on an even bigger unreality: the assumption that the EU will agree to something quite extraordinary: that a 500km external EU border with more than 200 crossing points will be effectively unpoliced. People and goods will pass over it without let or hindrance. Smugglers, people traffickers and terrorists will go on their merry way unmolested. Small companies will not have to do customs checks at all; large ones will operate a charming honour system in which they retrospectively declare the goods they have moved and pay their duties.



by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: Women's Rugby World Cup

Re: Women's Rugby World Cup
( / )
One of the problems with the Women's world cup was that teams were required to play 3 matches in 8 days.  That's fine if it is a walk in the park and you are winning 50-0 while resting and subbing your best players. But Ireland had three tough matches and so had to make maximum use of all their 28 squad members (also less than men's world cup squads of 31 players).

Training and practice times between matches had to be severely curtailed to allow players maximum time to recover. The upshot was that Head Coach Tierney had rotate and rest his players as much as possible, and to do that he had to build strength in depth in the squad.  You can only do that by giving fringe players game time in the run up to the World Cup. Sadly, some were not up to standard.

This lack of strength in depth also meant Ireland never recovered from losing Captain, Niamh Briggs to injury on the eve of the tournament. Ironically, one of Ireland's best players turned out to be debutant Nicole Cronin at scrum half, who wasn't even picked in the original squad and came in as a late injury substitute.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: 14 - 20 August 2017

Re: Meddling &amp; Interference: Europe
( / )
"Enactment and application of every law is retrospective as it should be; that is plaintiff must have suffered an actual, factual, and material injury, or "loss", before any petition for remedy e.g. capital punishment may be addressed in a court."

So I can only appeal a death sentence after it has been carried out?

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: 14 - 20 August 2017

Re: "entitles you to this information"
( / )
I'm not sure how reaching out to Booman in his disillusion at his pundit role and suggesting their might be another way of dealing with his anger and frustration at political developments in the US constitutes "moral posturing or superiority" and I am sure he didn't take it in that spirit as he recommended my diary - something he almost never does. However YMMV.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: 14 - 20 August 2017

Re: Meddling &amp; Interference: Europe
( / )
"I am calling on all my countrymen in Germany: the Christian Democrats, SDP, the Green Party are all enemies of Turkey. Support those political parties who are not enemies of Turkey," he said in comments after Friday prayers in Istanbul.
The ultimate insult to the FDP - he doesn't even think they are worth mentioning....
by gk (gk (gk quattro due due sette @gmail.com)) on
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In story: 14 - 20 August 2017

Re: Meddling &amp; Interference: Europe
( / )
Also I have mentioned elsewhere, there are only three plots in all history, oral, literary, and "scientific":

BIRTH, DEATH, UNION

obscured by dressings called "narrative".

Pls make a note of it.

by Cat on
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In story: 14 - 20 August 2017

Re: Meddling &amp; Interference: Europe
( / )
Rule of Atty #1: never offer any information. (5th Amd.)

Book it, Frank.

by Cat on
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In story: 14 - 20 August 2017

Meddling & Interference: Europe
( / )
Goodgracious. Landssakes. O my. Heavenstobetsy!
Erdogan tells Turks in Germany to vote against Merkel
Can he be thinking "heritage" trumps rational self-interest?!
The Citizenship Law of 1999, which was officially taken into effect on January 1, 2000, has facilitated the acquisition of German citizenship for people born outside of Germany, making it available to Turkish immigrants after eight years of legal residence in the country. The law's most innovative provision granted dual citizenship to Turkish-origin children born in Germany; however, by age twenty-three German-born Turks can no longer be dual citizens and must decide whether to keep their German citizenship or the citizenship of their parent's country of birth.[64*]

*Not a link to text of BRD (deprecated), or *.de, legislation.

MEANWHILE interested parties lose the plot...
Sixth Circuit Rejects Challenge to Taxes on Foreign Accounts

FATCA requires foreign banks to report all accounts held by U.S. citizens to the IRS or risk being assessed a 30 percent withholding tax. Willful failure to file a foreign bank account report invites a penalty [ASSESSED ON THE FOREIGN BANK] of 50 percent of the value of the account or $100,000, whichever is greater.

< wipes tears >
the Sixth Circuit affirmed Judge Rose's decision Friday, finding that the plaintiffs have no standing to challenge FATCA.

in merica, contrary to legend and commonsensical appearances of a "crime" or "conspiracy" to commit a crime, unless U R a suspect trrst i.e. colored person, alleged intention i.e. pre-crime does has not and never will obtain standing to litigate. Enactment and application of every law is retrospective as it should be; that is plaintiff must have suffered an actual, factual, and material injury, or "loss", before any petition for remedy e.g. capital punishment may be addressed in a court. Rule of Atty #4. Amen.

by Cat on
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Perhaps my sarcasm wasn't obvious enough...

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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< wipes tears >

You would be wrong. I have never "donated" my money to any campaign treasury.

by Cat on
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is of utmost importance in evaluating the number of and solidarity of "social democrats" worldwide. There is no safety in numbers according to the Law of Large Numbers, if most respondents to a survey refuse to identify their actual participation in protest, or participation in grievance of state governance, by assembly or ballot.

Is your legal name truly "Frank Schnittger (mail Frankschnittger at hot male dotty communists) on Fri Aug 18th, 2017 at 09:48:45 PM EST
[ Parent ]"? Reconsider your privilege to adopt one or more pseudonyms and ISP proxies. This strategy could forestall retaliatory action by USA agents.

by Cat on
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In story: 14 - 20 August 2017

Re: "entitles you to this information"
( / )
Thank you for this information

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: 14 - 20 August 2017

"entitles you to this information"
( / )
I am an interested party to EU um democractic processes, no more or less exercising "moral posturing or superiority" than you have by promoting "Booman" election to an office of public trust in the USA.

Are you, personally, a US citizen?

Don't answer that question! "We" know, I ought respect your anonymity in all matters relating democratic franchise to praxis everywhere. Especially Tunisia and Morocco.

by Cat on
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In story: 14 - 20 August 2017

Re: People &amp; Klatsch
( / )
I think it prudent in consideration of comments about the weakness of EU institutions (supra-national, or federal, constitution joining the several states in common law enforcement) to introduce text of Articles of Confederation, ratified by British American colonies' ("states'") delegates 1777-1781 for your review.

I have postulated elsewhere, contemporary ructions within EU member states as well as evolution and adoption of EP authorities is analogous to historical establishment of a strong central government bureaucracy and common currency among the USA, culminating in a notorious civil war here. Several european politicians have denied this analogy, "United States of Europe". Nonetheless, here you --as well as innerboob spectators in the USA -- feebly grappling competition among signatories to retain "sovereignty" while a bloodless political revolution ripens. The US gov't required some 100 years and trillions of US Treasury income tax authority and revenue, distributed as block grants ("incentives") among the sovereign states, to obviate "consensus" among states' legislators (10th Amd.). The EP is but 30-years-old.

This document, Articles of Confederation, is the precursor of the US Constitution (hegemon) and, like documents governing the first National Assembly of France or Concert of Europe/Congress of Vienna (republic proxy), is seldom acknowledged or referred to anymore by either self-styled nationalist, federalist, or Anti-federalist scholars. However I keep a copy of American Scripture in my stacks to supplement historiagraphies and hagiographies served from Teh Cloud to the insouciant. You may note, the text of the Articles primarily addresses adjudication and severability of commerce and piracy sanctioned by any one state rather than "the united States in congress assembled".

Accordingly, in review, you may evaluate and anticipate controversy within EU social structures as I do from some perspective on perfect unions, not addressed from black histories of "civilization".

by Cat on
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Thank you for this information. I had not wondered until reading this post, How many travel guides, Fodor's for example, feature Marshall Pétain landmarks across Europe?

by Cat on
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In story: 14 - 20 August 2017

Re: "How were the torches obtained"
( / )
I know I have, but I don't know how many have. I also don't now what entitles you to this information. We don't encourage personalised political discourse or  "lefter than thou" moral posturing or superiority here.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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In story: 14 - 20 August 2017

Re: "How were the torches obtained"
( / )
Thank you for this information. It does not answer my question, How many ET subscribers have ridden a bus to protest domestic or federal (EP) legislation in "Brussels"?

by Cat on
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In story: 14 - 20 August 2017

Re: Living On the Planet
( / )
re: information, DNA, genetic engineering, epigenic adaptation, domestication

How We Really Tamed the Dog, A daring experiment builds a new tame species in just 60 years.

Are the findings applicable to domestication of neandertal and denisovan allele-bearing hominids sap. by homo sap. sap.?

by Cat on
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In story: 14 - 20 August 2017

Re: "How were the torches obtained"
( / )
I doubt that many here have demonstrated outside the European Parliament for the simple reason that most of us would have difficulty remembering the EP doing anything of consequence; good, bad, or indifferent. Power in the EU is still overwhelmingly wielded in national capitals, something the Brexiteers never wished to acknowledge, because that would have meant acknowledging that all the things they blamed Brussels for had in fact been tacitly or explicitly endorsed if not actually spearheaded by their own government. Brussels has been a convenient scapegoat for the UK, little more.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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All together now, sing. We will cover our asses again!


by Cat on
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In story: 14 - 20 August 2017

Re: Enemy of the People
( / )
< wipes tears >

Of lesser evil: never gets old in US America. [TINA ALERT]
A Liberal Case for President Pence

I wouldn't say I'm a big Pence fan. But everything's relative. He doesn't approach each hour as a mortal threat to precarious manhood, and it's hard to imagine Pence groping women, or bragging to others that he did. When Nazis went on a homicidal rampage, Pence's response, aside from the requisite media bashing that all Trump White House employees must engage in, seemed both professional and perturbed, suggesting he did not, on the whole [?!], approve of murderous thugs. ...



by Cat on
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Two more to go (h/t Digby)

by Bernard on
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In story: 14 - 20 August 2017

Re: "How were the torches obtained"
( / )
Thank you for this information. It does not however answer my question.

by Cat on
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In story: 14 - 20 August 2017

Pod Save the People
( / )
Fifty-two (52) minutesof testimony regarding events in the weekend of 11 Aug 2017 in Charlottesville, VA and a brief interview with Virginia's governor, Mr McAuliffe.

illustrated by MSM publisher businessinsider.com, Photos show how a white nationalist rally in Charlottesville devolved [SIC] into chaos and bloodshed

by Cat on
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In story: PACER

Re: PACER
( / )
Irish Court Records are under the control of the judiciary and not subject to freedom of information requests although some details are available online. The PACER system seems much more advanced than this.

by Frank Schnittger (mail Frankschnittger at hot male dotty communists) on
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News and Views

 14 - 20 August 2017

by Bjinse - Aug 14, 68 comments

Your take on this week's news

 7 - 13 August 2017

by Bjinse - Aug 7, 39 comments

Your take on this week's news

 Open Thread 14 - 20 August

by Bjinse - Aug 14, 7 comments

Threading something is better than remembering something

 Open Thread 7-13 August

by Bjinse - Aug 7, 29 comments

I wish I were a thread again, half-savage and hardy, and free

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