Tue Aug 22nd, 2017 at 11:28:10 PM EST
I did write
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.
Following is an example of those principles invoked by the petition, MARCELLUS WILLIAMS, Petitioner, v. STEVE LARKIN, Superintendent, Potosi Correctional Center, Respondent (pdf), reported today
Whether the governor of Missouri is or is not a lawyer is irrelevant. The same, Mr Eric Grietens, confidently stated the certainty of harm to Mr Williams commanded by sentencing. "A sentence of death is the ultimate, permanent punishment. To carry out the death penalty, the people of Missouri must have confidence in the judgment of guilt. In light of new information, I am appointing a Board of Inquiry in this case." That is to investigate findings of fact.
Tue Aug 22nd, 2017 at 06:31:45 PM EST
The United Kingdom triggered Article 50 on 29 March 2017. What has happened since then on the EU side?
29 April 2017, the European Council at EU27 published European Council (Art. 50) guidelines for Brexit negotiations (HTML)
3 May 2017, the European Commission published recommendation, organizing a negotiating task force and citing establishing law, delivered to the Council.
22 May 2017, the Council published authorisation for the opening of the Article 50 negotiations with the UK and EU agenda of priorities.
19 June 2017, the first round of negotiation with the UK concluded with agreement of the parties to Terms of Reference for the Article 50 TEU Negotiations (pdf)
The United Kingdom, and the European Commission, representing the EU, share the understanding that the following, elements will guide the negotiations under Article 50 of the Treaty of the European Union
- Indicative dates for first sessions have been agreed as per paragraph 9 below . Each round will include discussion of each of the issues set out in Paragraph 3.
- Indicative dates are:
- Second round: w/c 17 th July
- Third round: w/c 28 th August
- Fourth round: w/c 18 th September
- Fifth round: w/c 9 th October
But you'd never know it to judge from Anglo-american press reporting on the series of non sequitors representing participation by UK gov't. agents in these A50 negotiations with the EU or their agreed, scheduled agenda.
by Luis de Sousa
Mon Aug 21st, 2017 at 07:50:38 AM EST
Last Friday the Sterling closed at 1.094 to the Euro. Not only is it a remarkable figure for crossing below 1.1, it is the lowest weekly close since 2009. In effect, since the common currency was introduced to currency markets in 1993, the Sterling closed against it below this level only in eleven other weeks. They all took place between December of 2008 and October of 2009, at the height of the housing crisis, when European institutions failed to address financial markets with the haste seen in grown-up economies.
This brief note puts this monetary devaluation into a broader perspective, within the context of the UK's exit from the EU. Sterling is just a visible facet of an overall economic setting deteriorating in anticipation of the UK's shift into a new - and largely unknown - economic paradigm.
Front paged - Frank Schnittger
by Frank Schnittger
Sun Aug 20th, 2017 at 08:57:59 PM EST
My central expectation, repeated in numerous blog posts and comments since the referendum, is that we will see a hard Brexit (defined as one without a substantive Brexit or post Brexit trade deal) accompanied by at least a 30% devaluation of Sterling relative to the Euro.
Faced with such a devaluation EU policy makers will have little option but to impose tariffs on imports from the UK, if only to preserve the competitiveness of the EU's own industries. If the UK retaliates with tariffs of its own, a hard Brexit will result in a trade war, even worse than the worst case scenario of "no deal" Brexit Pundits, all of whom seem to expect standard WTO tariffs to kick in at that stage.
My point has always been that WTO tariffs have to be negotiated, and there simply isn't any automatic process by which some default set of tariffs will kick in once the UK leaves the EU.
But the 30% relative devaluation figure was always a "finger in the air" guess. It now looks as if I might have been too conservative in my prognostication. Sterling has already declined from 77P to the Euro to 91P to the Euro - a devaluation of 18% since the referendum. Morgan Stanley are now predicting that the euro will trade at £1.02 by the end of the first quarter of 2018 - a total devaluation of 32.5% - and that is before we even know the exact shape that Brexit will take...
by Frank Schnittger
Fri Aug 18th, 2017 at 05:07:18 PM EST
The Women's Rugby World Cup is taking place in Ireland at the moment with the initial group stages just completed in Dublin, and the ranking matches, Semi Finals and Finals scheduled for Belfast over the next week. England, with a semi-professional squad, are the holders and favourites, but France have also been investing in their squad, New Zealand are always strong, and the USA have been improving rapidly.
Women's international rugby is an emerging sport with participation, funding and standards improving rapidly from a very low base. Standards are as yet very uneven around the world with many very one-sided encounters in this world cup, the worst of which was a 121-0 drubbing of Hong Kong by New Zealand.
Ireland won the Women's Six Nations Championship with a grand slam in 2013 and again in 2015 and finished fourth in the 2014 Women's world Cup but have struggled to beat Australia and Japan in their first two matches this time around. They have just lost to France 21-5 in a very good match watched by over three million people on TV in France alone.
Fri Aug 18th, 2017 at 12:58:34 PM EST
I have for many years @ eurotib.com promoted PACER (Public Access to Court Electronic Records) URL and search to provide subscribers primary source material which may or may NOT validate Anglo-merican reportage.
I've no idea whether national or EU gov't. provides similar public access to records of court proceedings in situ. eurotrib.com comment history does not obtain.
I had last promoted PACER 10 May 2009.
by Frank Schnittger
Wed Aug 16th, 2017 at 01:36:29 PM EST
The UK's Brexit secretary David Davis Photographer: Simon Dawson/Bloomberg
Leo Varadker's pre-emptive shot across the bows
appears to have had the desired effect of scaring the British off any notions of re-imposing border controls on the island of Ireland. However in forcing the UK to discard discredited notions of a frictionless tech border
he has done no more than inspire another bout of "having our cake and eating it" thinking on the part of the UK Government. Somehow the UK is going to leave the EU, Single Market and Custom's Union without imposing any sort of border controls within Ireland at all at all...
Clearly, the UK government wants to keep the Irish Government on side while also keeping the DUP sweet. The result is that it is effectively seeking to cast the EU in the role of the bad boy seeking to re-impose hard border controls within Ireland. Trusted trader status for Irish companies and exemptions for small cross border traders may seem like music to the ears of business and political leaders, North and south, but why should the rest of the EU tolerate it?
by Frank Schnittger
Wed Aug 9th, 2017 at 12:54:10 PM EST
[Cross-posted from the Booman Tribune]
With Booman off on his holidays to consider his future, I thought I might contribute an outside perspective which he may, or may not, find of interest. All of us have benefited greatly from his analyses here, and the platform he provides for further discussion and debate. For me his is the go to site for insights on US political developments. But maybe the time has come for Booman to consider entering the fray directly, rather than just being an informed commentator and bystander.
By chance I recently found myself waiting in a surgery idly looking through the first few pages of Barack Obama's "The Audacity of Hope". In it he describes his somewhat crazy decision to run for the Senate as a more or less no hope outsider. He justified it to his long suffering wife as a one last shot at making a difference in politics. She reluctantly agreed but didn't promise him her vote. She wanted a greater contribution from him towards family life and raising their kids.
However the dysfunctionality he describes in US public life has been amplified many times since the election of Donald Trump. If ever there was a time to take responsibility and attempt to lead the US out of the swamp it has entered, it is now. The long odds really aren't the issue. It is the principle that matters. So why should Booman run for office?
by Frank Schnittger
Tue Aug 8th, 2017 at 07:09:39 PM EST
Fintan O'Toole's "Brexiteers' foolishness gives Ireland control" has neatly summarised what I have been saying over a number of posts in the last few months:
Yes, those really are vague pink glimmers in the early morning sky. Reality is dawning on the Brexiteers. Once, they were going to walk away from the European Union in March 2019, whistling Rule Britannia and greeting queues of foreign supplicants begging for trade deals. Now, they are hoping to cling on until June 2022. They know they are going over a cliff and realise that it is better to climb down slowly than to plunge off the top.
But this climbdown also creates a crucial weakness - one that explains why the Irish Government's tone has changed so radically.
To understand this new weakness, we have to recall that there were two possible scenarios in which the Irish Government had very little power. One was that the UK would simply walk away from the EU without any deal, the car-crash Brexit for which British prime minister Theresa May's old mantra, "No deal is better than a bad deal", was meant to be the overture. If that happened, Ireland was completely impotent.
The other possible scenario was the straightforward one set out in article 50 of the Lisbon Treaty. The UK and the EU would negotiate a full exit deal by March 2019. In this case, Ireland would have very little power either. Even if the deal was a betrayal of our interests, we could not veto it.
The deal would have to be ratified by the European Parliament and then by the European Council. But, crucially, the council has to accept the deal only by a qualified majority. In both bodies, therefore, Ireland could easily be out-voted.
Sun Aug 6th, 2017 at 02:31:46 PM EST
[Cross-posted from Booman Tribune]
Fighting Communism in SE Asia - the years of the Ugly American, Rand Corp., domino theory, Robert McNamara, Westmoreland, president Johnson and the Pentagon Papers with whistleblower Daniel Ellsberg. The treacherous acts of the 1968 Paris Talks with rising star Henry Kissinger and Richard Nixon. Tricky Dick faced impeachment over the cover-up and collusion to obstruct justice after the Watergate break-in. A lesson people in power can live a dishonorable life until death with impunity. Henry Kissinger the bag of dirt, still has influence in U.S. foreign policy with both Republicans and the leadership of Democrats: Barack Obama and Hillary Clinton. Is that the Hope for young people living their ideals? Henry Kissinger still this week hit the radio air waves in Holland in an interview with Jan Arend Boekenstein talking about The Idealist. In my volunteer work on the weekends I live my ideals ... with teeners and get plenty of appreciation for what I do. I'm a blessed person and nothing will change that in the short term.
○ 'Pentagon Papers' Whistleblower Daniel Ellsberg Explains Why We Go To War
In de aftermath of FBI's Hoover, the Kennedy assassination, the Tonkin Gulf incident, the tragic year of the TET offensive, lies, indoctrination, "patriotism", the downfall of U.S. democracy through the murders/assassination of Robert Kennedy and Martin Luther King. I lived through those years and it formed me, gave me insight and I was a critical thinker in 1965 and have remained so.
John Pilger - The Quiet Mutiny - World in Action (1970)
"The war isn't over, but it is ending. It is ending not because of the Paris talks or the demonstrations at home. It is ending because the largest and wealthiest and most powerful organisation on Earth, the American Army, is being challenged from within, from the very cellars of its pyramid, from the most forgotten, the most brutalised and certainly the bravest of its members. The war is ending because the grunt is taking no more bullshit."
Continued below the fold ...
Wed Aug 2nd, 2017 at 03:08:54 PM EST
5. The Financial Action Task Force
Thirty-seven member and observer states constitute FATF. You may compare this cohort listing to the disjunctive table in Wikipedia's flawed article, "Legality of bitcoin by country or territory", wherein editors cite, for example, US Internal Revenue Service treatment of property. Hold that thought and ask yourself, "SELF, does my government tax this property yet?"
Wed Aug 2nd, 2017 at 12:57:26 PM EST
Poplar is near the centre of the old East End of London. Located just north of the Isle of Dogs, that long lazy loop that the Thames takes as it begins its meander from London to the sea. There lie the East India docks, the most famous of the large docks of London.
Now shadowed by the towers of the Docklands financial district, you only have to cross the East India Dock Road, still one of the major arteries east of London, to enter into a timeless world of people who have always existed in the margins of society. They've been left behind by the fast flowing currents of global finance, but once the people of this area provided the numerous and anonymous labour for the shipping trade that powered the British Empire.
by Frank Schnittger
Sat Jul 29th, 2017 at 10:33:12 AM EST
Nobel laureate Seamus Heaney once famously characterised the polite Irish society approach to difficult or awkward topics as "whatever you say, say nothing" and Irish politicians have, in the main, practised that down to a fine art. Even sports coaches and players are quick to praise their opponents, lest any derogatory comments be pinned on the opposing dressing-room walls as motivational material for the battle ahead. "They think you're shite" the opposition coach would say: "Just look at what they said about you", pointing to the offending article pinned to the wall. "Now prove them wrong!".
One of the reasons Leo Varadkar stood out from a pack of fairly mediocre ministers to win the Fine Gael leadership and prime ministership was his willingness to buck the trend and come out with the occasional, usually well calibrated and orchestrated "outspoken comment" to demonstrate a fresh and open approach to politics. He would only be saying, of course, what many had been saying quietly for quite some time, but couldn't quite bring themselves to say publicly, for fear of causing offence...
Now he's gone done it again with Brexit: Defiant Varadkar tells British: we won't design Brexit border for you. Taoiseach says `if anyone should be angry, it's us.'
"What we're not going to do is to design a border for the Brexiteers because they're the ones who want a border. It's up to them to say what it is, say how it would work and first of all convince their own people, their own voters that this is actually a good idea," Mr Varadkar said.
Mr Varadkar said there was a political border between the Republic and Northern Ireland, but not an economic one.
"As far as this Government is concerned there shouldn't be an economic border. We don't want one," he said.
"It's the UK, it's Britain that has decided to leave and if they want to put forward smart solutions, technological solutions for borders of the future and all of that that's up to them.
"We're not going to be doing that work for them because we don't think there should be an economic border at all. That is our position. It is our position in negotiations with the British Government and it's the very clear position that we have when we engage with the task force that is negotiating on our behalf with the UK."
Mr Varadkar said an economic border would not be in the interests of the Republic, Northern Ireland or the United Kingdom, "and we're not going to be helping them to design some sort of border that we don't believe should exist in the first place".
Meanwhile, asked if he was frustrated with the British approach to Brexit talks, Mr Varadkar said: "If anyone should be angry, it's us, quite frankly."
"We have an agreement. We signed up to the single European Act. We joined the EC alongside the United Kingdom. We have a Good Friday Agreement and part of the Good Friday Agreement...talks about working together and continuing to do so within the context of the EU."
Wed Jul 26th, 2017 at 10:49:45 AM EST
For decades a strong Ukrainian-American diaspora has been exploited by NGOs and U.S. government agencies (USAID) to intervene in the Ukraine. The Orange Revolution of 2004 has been well covered. Due to established corruption, all US supported candidates proved to be just as corrupt as their predecessors. Under the Obama administration the U.S. in collusion with the EU and NATO succeeded to overtrhow a democratically elected president.
The Ukraine Affair has been used by anti-Russian forces in right-wing conservative groups and political parties in the U.K. and the U.S. to force an economic separation with Russia. Ukraine to be used as a crowbar to push the EU and NATO to the border with the Kremlin and in the end to accomplish regime change in Russia. A "united" Europe has been split with Rumsfeld's New Europe of the Visegrád group of nations.
In 2016 both Ukraine and Russia were active to intervene in the U.S. presidential election. Conveniently the efforts by the Ukraine got no attention in the West. Nevertheless, the acts by the corrupt state of Ukraine effects the stability of Europe and its security. The intervention in the Ukraine is and will become a matter of war or peace in Europe. Fortunately with Brexit, the British shot themselves in the foot and will become more isolationist quite similar for the U.S. with Trump in the White House. Both events are tied together by underlying right-wing conservative forces. It amazes me that the Democratic party is moving towards the right on foreign policy and further from progressive values of non-military intervention and abiding by International Law.
Quite likely now that the U.S. House of Representatives has moved the goal posts on sanctions on Russia by an overwhelming majority - read with no opposition whatsover by a dictatorial vote of 419 for and 3 against.
Voting against the measure were three House Republicans known to break with the majority: Reps. Thomas Massie, Justin Amash and John J. Duncan Jr.
The sanctions come in response to reports of Russian meddling in the U.S. presidential elections and Russia's actions in Ukraine, Crimea and Syria, Hoyer said. The bill also imposes new sanctions over Iran's ballistic missile program.
It has become clear the sanctions have become part of U.S. monopolizing the energy market and demanding their share of exports to Europe. Thus, whether it was the Persian coup d'état of 1953, the Iraq War of 2003 or the regime overthrow in Libya and Syria in 2011, the value of fossil fuel is an important argument of U.S. and Western foreign policy.
○ Refreshing European Energy Security Policy: How the U.S. Can Help | Brookings Inst. - March 2014 |
○ Nord Stream 2's opponents look for legal ammunition | Politico EU - Dec. 30, 2015 |
Continued below the fold ...
by Frank Schnittger
Mon Jul 17th, 2017 at 11:41:15 PM EST
Participating, as I do, in various discussion forums outside of the European tribune, I am always struck by how hostile Brexiteers are to the EU project as a whole, and then, in the next breath, still seem to expect the EU to cut them a generous deal in the Brexit talks.
As a general rule, if you are hoping to get a good deal from a negotiating adversary, it is not a good idea to keep telling them how much you hate them and wish them ill. Yet Theresa May has recently promoted a Minister who said that the EU has failed on its own terms and should be "torn down".
Increasingly, it seems, Brexiteers are also seeking to use Ireland as a Trojan horse with which to divide the EU and weaken the EU negotiating position. On the one hand you have Nigel Farage arguing that Ireland would be far better off throwing it's lot in with the UK and leaving the EU, and on the other hand the UK appears to be hoping to use Ireland's dependency on UK trade as a means to force the EU to concede generous free trade terms to the UK post Brexit.
So what is it the UK wants? Ireland leaving the EU with the UK to reinforce Brexit, or Ireland within the EU to weaken the EU's resolve to drive a hard bargain? Either way, the Irish Government has shown no sign of deviating from the common EU27 negotiating position.
Boris Johnson recently told the Commons that the EU can "go whistle" if it thought the UK were going to pay what he considered an extortionate exit payment - to which Michel Barnier replied that he could hear no whistling, merely the sound of a clock ticking...
Meanwhile normally reticent and discreet Irish Ministers express increasing frustration at the lack of a coherent plan for Brexit coming from UK Ministers, making planning for Brexit almost impossible.
This soap opera is going to run and run, and we're only into season 1!
Fri Jul 14th, 2017 at 06:15:17 PM EST
Started as a reply to ATinNM's post in my previous diary ...
A US withdrawal from the western Pacific frees China to look north to the biggest region of untapped natural resources on the planet.
Japan commits to China's 'One Belt, One Road' initiative | DW |
During talks with Chinese President Xi Jinping on the fringes of the recent G20 summit in Hamburg, Japanese Prime Minister Shinzo Abe expressed Tokyo's intention to participate in Beijing's ambitious "One Belt, One Road" economic plan, a significant concession from a government that had previously distanced itself from Chinese economic and development initiatives.
Analysts say that while the Japanese leader is hoping for a windfall for domestic companies, he also recognizes that Japan simply cannot afford to be left out of a growing international project without any say in its future direction. Yet another motivation is to pressure President Donald Trump's administration to re-engage with its longstanding allies in the Asia-Pacific region instead of permitting China to seize the initiative.
« click for more info »
Foreign Direct Investment in the United States 2016 Report - link to chart
The grand One Belt, One Road (OBOR) project is a combination of the Silk Road Economic Belt and the 21st Century Maritime Silk Road, and is designed to promote connectivity and cooperation among Eurasian nations via land and sea. The project demonstrates China's quest to play a larger role in global affairs and coordinate manufacturing throughout the region.
○ Abe's Belt and Road pivot signals push to improve bilateral ties | Asian Review - June 6, 2017 |
○ PM Abe willing to join the China-initiated Asian Infrastructure Investment Bank (AIIB)
Thu Jul 13th, 2017 at 05:18:39 PM EST
Cross-posted from BooMan Tribune
British citizen Rob Goldstone in key role
Rob Goldstone is an agent for Emin Agalarov who was married to Leyla Aliyeva -- social activist and elder daughter of the Azerbaijani President.
The Russian lawyer/lobbyist Natalia Veselnitskaya is not well known and has an obscure office in a southern suburb Ul. Lazareva Admirala of Moscow. She made headlines when she was hired by Denis Katsyv to lead his defence in Manhattan trial for money laundering of Prevezon Holdings Ltd. linked to the Magnitsky case. On May 12, 2017, US Attorney Joon Kim settled out of court, a 'sweet' deal some would say:
The U.S. agreed to take $5.9 million to settle a money-laundering lawsuit tied to a $230 million Russian tax fraud, avoiding a trial that was set to begin mid May.
Veselnitskaya hired Fusion to do investigative work and Fusion shared her lobbying effort in the States to get rid of the sanctions enforced on Katsyv by the Magnitsky Act of Congress.
Continued below the fold ...
Sun Jul 9th, 2017 at 10:44:17 AM EST
President's daughter Ivanka 'fills in for him at G20 world leaders meeting' | The Independent |
Donald Trump's daughter Ivanka has apparently filled in for the US President at a round-table meeting with world leaders at the G20. Ms Trump accompanied Mr Trump to a session at the Hamburg summit and later sat in his seat next to Theresa May, Angela Merkel and other world leaders, according to a photograph.
The meeting, which took place on Saturday morning, was on the subject of Africa, health and migration.
Ms Trump, who works as an advisor to her father at the White House, was photographed sitting in his seat by a Russian G20 official who shared the picture on social media. The official claimed Mr Trump had left his daughter in his place while he attended bilateral meetings with other world leaders.
In Hamburg this morning the "first daughter" also launched a World Bank event promoting the organisation's Women's Entrepreneurship Facility Initiative.
« click for more info »
"If she weren't my daughter it would be so much easier for her.
That might be the only bad thing she has going, if you want to know the truth."
That candid aside came as Mr Trump spoke at the launch of the new women's entrepreneurship fund.
Mr Trump met Russian president Vladimir Putin for the first time at the summit, and held bilateral talks with Ms May on Saturday morning
At the #G20 launch of the Women Entrepreneurs Finance Initiative
○ Ivanka Trump under fire after taking seat among world leaders at G20 | The Guardian |
The G20 Meeting must have done some good ... just read who got very disturbed today:
Fri Jul 7th, 2017 at 04:37:48 PM EST
WATCH: President Trump Meets Putin and Gets Ready for G20 Summit Meeting in Germany, Hamburg 2017
<< WATCH VIDEO >>
According to US broadcaster NBC, citing pool reports, Donald Trump and Vladimir Putin are still talking:
"President Trump and President Putin are still
talking 90 minutes into meeting, per pool.
They had originally been scheduled for 30 minutes."
More below the fold ...
Thu Jul 6th, 2017 at 09:00:20 AM EST
Ahead of the G20 in Germany's Hamburg, Trump is expected to give a major policy speech. His White House team has made a judgment this will take place in Poland, a nation that suffered greatly under the boots of Nazi's and equally when the Red Army crossed borders and occupied the state during the 20th century.
Today's Poland is run by a fascist leadership with similar appeals to its citizens as Trump has in America: nationalist and anti-immigration rhetoric or rather against asylum-seekers from outside of the EU. Poland has welcomed a flow of migrants from neighbouring Ukraine which is suffering from economic woes and corruption.
The Polish Prime Minister, in a speech in the European Parliament, claimed that Poland did not have the capacity to accept any Syrian refugees, as it has already accepted one million Ukrainian refugees (Chapman 2016). However, while the migration flow has indeed increased, neither the purported volume, nor the declared character of migration has been reflected by the official data. The vast majority of Ukrainians coming to Poland seek gainful employment and are not a burden on the Polish taxpayer, but rather contribute to the country's economic growth.
Poland is at the heart of criticism for EU capital Brussels and the role of giant economic power Germany.
Poland is also the point nation for neocon's New Europe and a special role in rekindling the Cold War 2.0 from president George Bush, Defence minister Rumsfeld, NATO's General Breedlove to Obama's State Department with HRC and Victoria Nuland - Cheney's right hand on foreign policy vs. Russia.
More below the fold ...
Front paged - Frank Schnittger