Posted: April 3, 2012 | Author: bostonboomer | Filed under: 2012 presidential campaign, Crime, SDB Evening News Reads, U.S. Politics, Violence against women | Tags: activist judges, Barack Obama, FBI, first amendment, Frank Taaffee, George Zimmerman, Justice Department, Mitt Romney, Natalie Jackson, Norman Wolfinger, Planned Parenthood bombing, Rick Santorum, Sanford PD, Scott Walker, separation of powers, Texas tornadoes, Trayvon Martin, Wisconsin prmary |

Good Evening. I’m filling in for Minkoff Minx tonight, as she prepares for her surgery tomorrow.
I just heard on MSNBC that NBC News has already called the DC and Maryland primaries for Mitt Romney. The polls close in Wisconsin at 9PM Eastern, but Romney is expected to win there also.
As I wrote this morning, folks in Wisconsin are much more excited about the vote to recall Governor Scott Walker, which takes place in June, than they are about today’s Republican primary. Along those lines, John Nichols has an interesting piece in The Nation about why Walker has been avoiding talking about or being seen with the Republican candidates, despite the fact that Romney and Santorum have been praising Walker’s anti-labor agenda to the skies in hopes of gaining votes.
Romney’s major appearance in the vicinity of the state’s second largest city, Madison, was on Saturday at a suburban call center where Walker backers are trying—in preparation for the recall race—to identify supporters of the governor. Romney used the event, as he has others across the state, to hail Walker as a “hero.”
Santorum, who actually made calls at a Walker office last week, has been even more effusive in his praise of the embattled governor, telling crowds they have to work to prevent the recalls of Walker and Lieutenant Governor Rebecca Kleefisch. “Please continue to lead and defend these two great public officials,” he told the crowd in Waukesha County.
But you won’t hear Walker thanking the presidential candidates for their support. Even when the governor is in the vicinity of the GOP contenders—at party functions, for instance—he leaves a good distance between himself and Romney and Santorum. And as the primary approaches, Walker is scheduling himself away from the candidates.
Why? Because the governor recognizes that he is in the fight of his political life, and the last thing he wants is to reemphasize why that fight has developed by appearing with Republican presidential candidates who are highlighting precisely the policies that got Walker in political hot water.
Also in Wisconsin, police have identified a suspect in the yesterday’s Planned Parenthood bombing attempt, but they aren’t naming him yet.
Police say they have arrested the person they think placed a homemade explosive device that went off Sunday and damaged Planned Parenthood’s Gillett Street clinic.
Police said today they identified the man after reviewing surveillance footage.
The 50-year-old man Brillion man was jailed early Tuesday for violating his probation, though police haven’t yet sought charges stemming from placement of the explosive and subsequent fire at the clinic. The man has a lengthy criminal history that includes cocaine possession and delivery, resisting or obstructing police, bail jumping and disorderly conduct.
“The focus today is to determine what else we can discover that might link this person to the situation,” said Grand Chute Police Chief Greg Peterson.
There were some terrible tornadoes in the the Dallas, Texas area this afternoon.
Tornadoes and violent storms raked through the Dallas area Tuesday, crumbling the wing of a nursing home, peeling roofs from dozens of homes and spiraling big-rig trailers into the air like footballs. More than a dozen injuries were reported.
Overturned cars left streets unnavigable and flattened trucks clogged highway shoulders. Preliminary estimates were that six to 12 tornadoes had touched down in North Texas, senior National Weather Service meteorologist Eric Martello said. But firm numbers would only come after survey teams checked damage Wednesday, he said.
In suburban Dallas, Lancaster Police officer Paul Beck said 10 people were injured, two of them severely. Three people were injured in Arlington, including two residents of a nursing home who were taken to a hospital with minor injuries after swirling winds clipped the building, city assistant fire chief Jim Self said.
“Of course the windows were flying out, and my sister is paralyzed, so I had to get someone to help me get her in a wheelchair to get her out of the room,” said Joy Johnston, who was visiting her 79-year-old sister at the Green Oaks Nursing and Rehabilitation Center. “It was terribly loud.”
It sounds pretty bad, but so far no deaths have been reported. I sure hope it stays that way.
Can the judicial branch “order” the executive branch to do something? According to a Fox News headline, they can: Judges order Justice Department to clarify Obama remarks on health law case. Funny, I thought the three branches of government were independent of each other.
A federal appeals court is striking back after President Obama cautioned the Supreme Court against overturning the health care overhaul and warned that such an act would be “unprecedented.”
A three-judge panel for the 5th Circuit Court of Appeals on Tuesday ordered the Justice Department to explain by Thursday whether the administration believes judges have the power to strike down a federal law.
One justice in particular chided the administration for what he said was being perceived as a “challenge” to judicial authority — referring directly to Obama’s latest comments about the Supreme Court’s review of the health care case….
“Does the Department of Justice recognize that federal courts have the authority in appropriate circumstances to strike federal statutes because of one or more constitutional infirmities?” Judge Jerry Smith asked at the hearing.
Justice Department attorney Dana Lydia Kaersvang answered “yes” to that question.
Fine, but the President has the same first amendment rights as any citizen, and judges can’t tell him what to say or not say. These “conservative” justices are getting too big for their britches, if you ask me.
I wrote this morning that Florida states attorney Norman Wolfinger had accused Trayvon Martin’s parent of “outright lies” in their request for help from the Justice Department. Today the parents and their attorneys struck back: This family deserves answers.
[Natalie Jackson, a lawyer for Trayvon’s parents] said the family is “asking the same questions that the American people are asking.” She added, in a pointed rebuke of Wolfinger, who, an anonymous source told theGrio, personally met with the chief on the night of the shooting, February 26th, after which the decision to release Zimmerman was made: “the family is getting the same information the public is getting, through the media, and that’s not how it’s supposed to be. They should be getting it from the source.”
Jackson said Wolfinger’s office failed to keep the family informed when he had the case, and added, “the only source who can get answers for this family at this point, is the Justice Department.”
Jackson said Trayvon’s parents have a core question: “why was George Zimmerman not arrested that night? Why did [Wolfinger’s office and Sanford police] say there was no probable cause? We as Americans see there was probable cause. That is the core of the problem. If the state attorney had answered that question, we wouldn’t be here. But it’s not acceptable to ignore the family. So let’s not attack these parents when all they want to know is what happened to their dead child. Because no matter what, their child was walking home from the store. If George Zimmerman had stayed in his car, we wouldn’t be here. The lead homicide detective believed there should be an arrest. Why wasn’t [Zimmerman] arrested?”
Jackson said that since no local law enforcement representatives will answer the family’s questions, they don’t see any other way to get answers than through the Justice Department. MSNBC reported that FBI agents were interviewing witnesses today. I have a strong feeling that Sanford police and Wolfinger are going to get their comeuppance eventually.
Zimmerman’s strongest defender in the neighborhood, Frank Taaffee, isn’t doing his pal George any favors. He went on a “rant” about “young black males” in an interview with CNN’s Soledad O’Brien.
“Neighbor-hood, that’s a great word,” Taaffe said, chuckling. “We had eight burglaries in our neighborhood, all perpetrated by young black males in the 15 months prior to Trayvon being shot.”
O’Brien asked how many arrests and convictions there were, and Taffee said there was only one. So how does he know the burglaries were all committed by “young black males?” But despite the lack of arrests, Taffee claims to know.
“It sounds like you are saying that it made sense to you that George Zimmerman would be fearful of young black men,” O’Brien observed.
“No, it would be consistent that the perpetrators were all of the young black male ID,” Taaffe explained. “All of the perpetrators of the prior burglaries were young black males. … You know, there’s an old saying that if you plant corn, you get corn.”
“If you plant corn, you get corn. What does that mean?” O’Brien wondered.
“It is what it is,” Taaffe replied. “I would go on record stating, of the eight prior burglaries in the 15 months prior to the Trayvon Martin shooting, all of the perpetrators were young black males. … No disrespect to George Clooney, but it was a perfect storm. All the ingredients were set up. You know, the prior burglaries were committed or perpetrated by young black males, George was on his [neighborhood watch] rounds.”
Interestingly, Taaffe has a criminal history similar to Zimmerman’s. Taffee has been arrested for violating protective order against him for domestic violence.
Someone at DU posted Taafee’s full criminal record. He was arrested for beating up his wife (now ex-wife) in 1999, 2000, and 2008 and for harassing his children in 2002. They also got a restraining order against him. He was convicted of criminal trespass and petty theft in 2000 and sentenced to 9 months in jail. And he was charged with failure to pay child support in 1999. Nice guy, huh?
This will give you some news to chew on. The Wisconsin results should be coming in a few minutes.
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Posted: March 20, 2012 | Author: bostonboomer | Filed under: 2012 primaries, birth control, Injustice system, morning reads, U.S. Politics, War on Women, Women's Healthcare | Tags: Bll Lee, Fl "Stand Your Ground" laws, George Zimmerman, hate crimes, Illinois primary, Justice Department, Mitt Romney, Sanford FL, self defense, Tim Tebow, Trayvon Martin |

Good Morning!!
Today is the Illinois primary, so I have a few links for you about that–even though I’m sure you’re as sick of reading about Mitt Romney and Rick Santorum as I am.
According to CNN, Romney leads Santorum by double digits as of last night.
The Caucus Blog (NYT): Before Illinois Primary, Santorum Talks of Brokered Convention
Mr. Santorum remains insistent that he and the other Republican challengers are in a position to deny Mr. Romney the 1,144 delegates he needs to claim the party’s nomination. In an appearance on CBS’s “Early Show,” Mr. Santorum said Mr. Romney could not win.
“The convention will nominate a conservative,” Mr. Santorum said. “They will not nominate the establishment moderate candidate from Massachusetts. When we nominate moderates, when we nominate a Tweedledum versus Tweedledee, we don’t win elections.”
Asked about the odds of a brokered convention, Mr. Santorum said, “Obviously, they are increasing.”
Washington Post: On eve of Illinois primary, Mitt Romney faces tough questions about women’s issues
PEORIA, Ill. — Mitt Romney wanted to talk about the economy, but Bradley University had other ideas.
The Republican presidential front-runner faced tough questions about his opposition to Planned Parenthood and mandatory birth control coverage as he met with students Monday night.
CNN (with video): Romney can’t escape birth control questions in Illinois
After Romney riffed for about 20 minutes on President Barack Obama’s management of the economy, he solicited questions from the large student-heavy audience.
As the first questioner made apparent, these voters were not pre-screened.
“So you’re all for like, yay, freedom, and all this stuff,” said the first woman to approach a microphone. “And yay, like pursuit of happiness. You know what would make me happy? Free birth control.”
….
“You know, let me tell you, no no, look, look let me tell you something,” he said, waiting for the crowd noise died down. “If you’re looking for free stuff you don’t have to pay for? Vote for the other guy, that’s what he’s all about, okay? That’s not, that’s not what I’m about.”
Romney also told the students that he would end government funding for Planned Parenthood and he didn’t know or care where women could go for health care after he ends the funding. What a guy.
Washington Post Politics: Romney, Santorum each claim conservative mantle before Illinois primary
On the eve of the hotly contested Illinois primary, each of the leading Republican presidential candidates drew inspiration from touchstones of conservatism on Monday and offered himself as the standard-bearer for the right’s fight against President Obama.
Mitt Romney traveled to the urban campus where Obama once taught constitutional law to lecture the president on the principle of economic freedom, paying homage to the University of Chicago’s legacy as the intellectual center of free-market economics.
A hundred miles west in Dixon, Rick Santorum tried to channel the spirit and vision of Ronald Reagan during a stop in the former president’s boyhood hometown, hoping to give his insurgent campaign a last-minute infusion of energy.
As they journeyed across Illinois, Romney and Santorum each cast himself as the rightful heir to Reagan’s conservative mantle…
As we’ve all noted previously, if Ronald Reagan ran today, he wouldn’t be nominated. He wasn’t anywhere near as far right as today’s Republicans.
In sports news, the Peyton Manning sweepstakes is over. Manning is going to the Denver Broncos, and Xtian fundamentalist weirdo Tim Tebow may be traded.
Unfortunately, Jim Clayton of ESPN started a rumor that the New England Patriots might want Tebow. I don’t know if I could take that. I don’t really think Tebow’s super-pious act would go over that well in Foxborough. I haven’t seen any of the Patriots players kneeling down and praising Jesus before games and after scoring. Ugh!
Dakinikat and I both wrote about the Trayvon Martin case yesterday, and I have a few more links on that.
First, Connie posted a link to this very informative Mother Jones article yesterday: The Trayvon Martin Killing, Explained. If you haven’t heard the 911 calls, the audio from all of them is posted in the piece. Florida’s “Stand Your Ground Law,” which gives very broad interpretations to “self-defense” is explained in the MJ article. Here’s a bit of it:
In 1987, then-Gov. Bob Martinez (R) signed Florida’s concealed-carry provision into law, which “liberalized the restrictions that previously hindered the citizens of Florida from obtaining concealed weapons permits,” according to one legal analyst. This trendsetting “shall-issue” statute triggered a wave of gun-carry laws in other states. (Critics said at the time that Florida would become “Dodge City.”) Permit holders are also exempted from the mandatory state waiting period on handgun purchases.
Even though felons and other violent offenders are barred from getting a weapons permit, a 2007 investigation by the South Florida Sun-Sentinel found that licenses had been mistakenly issued to 1,400 felons and hundreds more applicants with warrants, domestic abuse injunctions, or gun violations. (More than 410,000 Floridians have been issued concealed weapons permits.) Since then, Florida also passed a law permitting residents to keep guns in their cars at work, against employers’ wishes. The state also nearly allowed guns on college campuses last year, until an influential Republican lawmaker fought the bill after his close friend’s daughter was killed by an AK-47 brandished at a Florida State University fraternity party.
Florida also makes it easy to plead self-defense in a killing. Under then-Gov. Jeb Bush, the state in 2005 passed a broad “stand your ground” law, which allows Florida residents to use deadly force against a threat without attempting to back down from the situation. (More stringent self-defense laws state that gun owners have “a duty to retreat” before resorting to killing.)
The Florida courts have upheld the law and issued some truly shocking findings.
This has led to some stunning verdicts in the state. In Tallahassee in 2008, two rival gangs engaged in a neighborhood shootout, and a 15-year-old African American male was killed in the crossfire. The three defendants all either were acquitted or had their cases dismissed, because the defense successfully argued they were defending themselves under the “stand your ground” law. The state attorney in Tallahassee, Willie Meggs, was beside himself. “Basically this law has put us in the posture that our citizens can go out into the streets and have a gun fight and the dead person is buried and the survivor of the gun fight is immune from prosecution,” he said at the time.
One of those defendants ended up receiving a conviction for attempted voluntary manslaughter for an unrelated case, in which he shot indiscriminately at two people in a car.
The only hope Trayvon Martin’s family may have is for the U.S. Justice Department to step in and investigate the shooting as a hate crime. And I just saw the news breaking on Twitter that the U.S. Justice Department and the FBI have opened an investigation into the Trayvon Martin case.
Here are a couple of articles about the Florida “Stand Your Ground” law and its impact on the courts.
Miami Herald: Florida’s self-defense law could hamper efforts to prosecute Trayvon Martin shooter
Slate: Why Trayvon Martin’s Killer Remains Free: “Florida’s self-defense laws have left Florida safe for no one—except those who shoot first.”
Boy am I glad Massachusetts has tough gun laws! Florida college students held a rally yesterday in Sanford, FL, the Orlando suburb where the shooting took place.
College students around Florida are rallying Monday to demand the arrest of a neighborhood watch captain who fatally shot unarmed teenager Trayvon Martin.
Students rallied in front of the Seminole County criminal courts building in Sanford – the central Florida city where the shooting occurred – and on the campus of Florida A&M University in Tallahassee.
In the courts building is the State Attorney’s Office, where prosecutors will review the case and decide whether to file criminal charges against George Zimmerman, the neighborhood watch volunteer who killed Martin on Feb. 26.
Demonstrators are demanding the arrest of the 28-year-old Zimmerman, who authorities say shot the teenager during a confrontation in a gated community. Zimmerman has claimed self-defense; Florida law allows a person to use deadly force if the person believes he or she is facing a deadly threat.
The problem is that Zimmerman actually pursued Martin and had the boy pinned face down on the ground when he pulled the trigger. He wasn’t “standing his ground.” He initiated a confrontation with a boy who weighed 140 pounds, nearly 100 pounds less than Zimmerman.
Just a couple more links.
Al Sharpton at HuffPo announcing his rally in Sanford on Thursday.
On Thursday, March 22 at 7 p.m., National Action Network (NAN) and I will convene an urgent rally at the First Shiloh Baptist Church in Sanford, FL. to demand justice for Trayvon Martin. We will be joined by community leaders and concerned citizens from all ethnicities, backgrounds and walks of life that cannot even begin to comprehend this nightmarish situation. A young teenager walking home, armed only with candy and a drink, should never lose his/her life because someone in a gated community feels ‘threatened.’ George Zimmerman, the accused adult shooter, is roaming the earth freely while Trayvon’s mother, father and family members must bury their precious child. It is an atrocious miscarriage of justice, and we demand that authorities in Florida arrest Zimmerman immediately and charge him for the crime of murder. Anyone with sound reasoning cannot disagree.
Sharpton goes on to discuss the “Stand Your Ground Laws” and why they shouldn’t apply to what Zimmerman did. To me, the 911 calls are evidence that Zimmerman was the aggressor. At least five individuals saw the altercation and heard Trayvon’s screams for help while George Zimmerman lay on top of him.
At the Atlantic, Ta-Nehisi Coates pulls a quote from the Miami Herald story I linked earlier:
“We are taking a beating over this,” said [Bill] Lee, who defends the investigation. “This is all very unsettling. I’m sure if George Zimmerman had the opportunity to relive Sunday, Feb. 26, he’d probably do things differently. I’m sure Trayvon would, too.”
Bill Lee is the Sanford police chief who let George Zimmerman go free without even taking a drug and alcohol text. He thinks Trayvon should have done things differently. What does that mean? That it was wrong for this boy to go to the corner store for some candy and a bottle of iced tea? There’s more about Zimmerman’s attitudes at the link.
I’ll end with this: What bothers me most is that Trayvon’s body was taken to the morgue as an unidentified person. The body was held there for three days, supposedly because the boy had no ID. But I learned last night that Trayvon had his cell phone with him. The boy’s father was calling the cell phone, and there certainly should have been a way to identify the boy from that phone. Why couldn’t they call the last number called? Why didn’t the police go door to door in the neighborhood and try to find out who the boy was? Surely that alone is evidence of profiling. The assumption was that the boy didn’t come from that neighborhood.
That’s it for me for today. What are you reading and blogging about?
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Posted: September 15, 2011 | Author: bostonboomer | Filed under: 2012 presidential campaign, A My Pet Goat Moment, Barack Obama, Corporate Crime, Democratic Politics, U.S. Economy, U.S. Politics | Tags: Barack Obama, economic advisers, failed presidency, Hillary and Bill Clinton, James Carville, Justice Department, panic |

Earth to Obama: Time to Panic!
Commenter Janicen linked to this article by James Carville on the morning thread, but I thought it deserved a post. Carville’s advice sounds a lot like what I’d expect Hillary or Bill Clinton to say to Obama if they had the opportunity.
In his piece at CNN.com, Carville says things are not going well, it’s time for Obama to panic! It’s time for the President to completely change course! Carville:
Today I was mulling over election results from New York and Nevada while thinking about that very question. What should the White House do now? One word came to mind: Panic.
We are far past sending out talking points. Do not attempt to dumb it down. We cannot stand any more explanations. Have you talked to any Democratic senators lately? I have. It’s pretty damn clear they are not happy campers.
Carville thinks Obama should fire some of his advisers immediately–in fact he recommends firing a lot of people.
Mr. President, your hinge of fate must turn. Bill Clinton fired many people in 1994 and took a lot of heat for it. Reagan fired most of his campaign staff in 1980. Republicans historically fired their own speaker, Newt Gingrich. Bush fired Defense Secretary Donald Rumsfeld. For God’s sake, why are we still looking at the same political and economic advisers that got us into this mess? It’s not working.
I would add that maybe Obama should find some economic advisers who actually know something about economics, and then try listening to them.
Carville further suggests that Obama’s Justice Department should get busy indicting the corporate malefactors who caused the economic crisis that is hurting the middle- and working-class voters who will decide the next presidential election.
Good luck with that. I doubt if Obama will turn on his corporate masters, even if it means losing in 2012.
Next Carville says Obama should start “mak[ing] a case like a Democrat.” Good luck with that one too. I don’t think Obama is capable of acting like a Democrat. But I’d love to be proven wrong.
Finally, Carville says that Obama needs to
Stick to your rationale for what has happened and what is going to happen under your leadership. You must carry this through until the election (never say that things are improving because evidently they are not).
And to sum it all up, Carville sounds the alarm about what we’ll be facing if Obama doesn’t wake up and smell the failed presidency:
As I watch the Republican debates, I realize that we are on the brink of a crazy person running our nation. I sit in front of the television and shudder at the thought of one of these creationism-loving, global-warming-denying, immigration-bashing, Social-Security-cutting, clean-air-hating, mortality-fascinated, Wall-Street-protecting Republicans running my country.
The course we are on is not working. The hour is late, and the need is great. Fire. Indict. Fight.
If only Obama would listen … but I’m not holding my breath.
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Posted: February 20, 2011 | Author: bostonboomer | Filed under: income inequality, Psychopaths in charge, Social Security, The Bonus Class, U.S. Economy, U.S. Military, U.S. Politics, We are so F'd | Tags: Angelo Mozilo, Banksters, con man, Countrywide, Dennis Montgomery, Fraud, Justice Department, national security, software |
According to the politicians running things in our country these days, paying fair salaries to teachers, social workers, and firefighters is irresponsible because it runs up the deficit. Paying Social Security to old folks is driving the country into bankruptcy. But when the feds pour millions of dollars down the drain because they get duped by a con man, that’s a national security secret.

Dennis Montgomery, Con Man
From The New York Times:
For eight years, government officials turned to Dennis Montgomery, a California computer programmer, for eye-popping technology that he said could catch terrorists. Now, federal officials want nothing to do with him and are going to extraordinary lengths to ensure that his dealings with Washington stay secret.
In fact, the Justice Department has argued in court that if they had to reveal the embarrassing details of what happened, it would damage national security. That could be true if revealing how dumb our public officials and “intelligence” experts are puts our country in danger….
Mr. Montgomery and his associates received more than $20 million in government contracts by claiming that software he had developed could help stop Al Qaeda’s next attack on the United States. But the technology appears to have been a hoax, and a series of government agencies, including the Central Intelligence Agency and the Air Force, repeatedly missed the warning signs, the records and interviews show.
Get this, Montgomery convinced U.S. intelligence wizards that he had designed some software that could detect secret Al Qaeda messages concealed in Al Jazeera broadcasts! ROFLOL! That’s reminds me of the days when religious nuts used to claim they could detect Satanic messages in rock ‘n’ roll music by playing it backwards.
Montgomery also told the CIA that his magic software could “identify terrorists from Predator drone videos” and pick up sounds from submarines. And the CIA geniuses bought Montgomery’s tale hook, line, and sinker. As a result of the government’s involvement with this grifter, there was
…an international false alarm that led President George W. Bush to order airliners to turn around over the Atlantic Ocean in 2003.
The software led to dead ends in connection with a 2006 terrorism plot in Britain. And they were used by counterterrorism officials to respond to a bogus Somali terrorism plot on the day of President Obama’s inauguration, according to previously undisclosed documents.
OMG, my sides are splitting from laughter! And on top of all that,
C.I.A. officials…came to believe that Mr. Montgomery’s technology was fake in 2003, but their conclusions apparently were not relayed to the military’s Special Operations Command, which had contracted with his firm. In 2006, F.B.I. investigators were told by co-workers of Mr. Montgomery that he had repeatedly doctored test results at presentations for government officials. But Mr. Montgomery still landed more business.
In 2009, the Air Force approved a $3 million deal for his technology, even though a contracting officer acknowledged that other agencies were skeptical about the software, according to e-mails obtained by The New York Times.

Angelo Mozilo, Fraudster
Hold onto your wallets, I think President Obama is going to have to ask us “small people” to “sacrifice” some more to make up the difference. Meanwhile, Mr. Montgomery will very likely get away with his fraud, just like Countrywide’s Angelo Mozilo, formerly of Countrywide, and every other fraudster and bankster who comes down the pike. Don’t worry, though, “sacrifice” is good for you, your parents, and your children and grandchildren.
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Posted: December 15, 2010 | Author: bostonboomer | Filed under: Gulf Oil Spill, New Orleans | Tags: BP oil spill, Eric Holder, Justice Department |

Finally! The Justice Department (PDF) is suing BP and eight other companies over the Gulf oil spill. From the Financial Times
BP faces penalties of $21bn-plus if found fully liable for damages in a lawsuit over the oil accident in the Gulf of Mexico launched by the US government on Wednesday.
Any damages would be on top of the $20bn (£17bn) BP has agreed to pay into a fund to compensate people on the Gulf coast who have suffered financially because of the spill. The final damages figures depend on the US government’s ability to prove gross negligence.
[….]
The US Department of Justice announced that it was suing BP, along with Anadarko of the US and Mitsui of Japan, its partners in the disastrous Macondo well; Transocean, the owner of the Deepwater Horizon drilling rig; and the QBE syndicate 1036 at Lloyd’s of London, which insured the rig.
Eric Holder, the US attorney-general, said: “We intend to prove that these defendants are responsible for government removal costs, economic losses and environmental damages without limitation.”
According to Raw Story:
The lawsuit alleges that safety and operating regulations were violated in the period leading up to April 20.
It says that the defendants failed to keep the Macondo well under control during that period and failed to use the best available and safest drilling technology to monitor the well’s conditions. They also failed to maintain continuous surveillance and failed to maintain equipment and material that were available and necessary to ensure the safety and protection of personnel, equipment, natural resources and the environment, the suit charges.
Before Wednesday, potential class-action lawsuits had been filed in the Gulf oil spill by fishing and seafood interests, the tourism industry, restaurants and clubs, property owners losing vacation renters — even vacationers who claim the spill forced them to cancel and lose a deposit. So far, more than 300 suits have been spawned by the spill and consolidated in federal court in New Orleans.
Specifically, according to the Christian Science Monitor,
The complaint seeks to enforce provisions of the Oil Pollution Act, which government lawyers say provides for open-ended liability for pollution removal costs and other damages.
The lawsuit alleges that the companies failed to take necessary precautions to keep the oil well under control in the period leading up to the explosion. The companies also failed to rely on the best available and safest drilling technology, the suit says.
In addition, the companies are accused of failing to maintain continuous surveillance of the drilling operation and failing to ensure the safety and protection of workers, equipment, natural resources, and the environment.
The suit also seeks civil fines under the Clean Water Act for the oil that poured into the Gulf after the explosion.
The civil suits will be going on at the same time as the Justice Department’s criminal investigation.
The Justice Department is “at a different stage” with its criminal investigation compared with the civil case, Holder said. “We are moving as quickly as we can” on the criminal investigation, said Holder, who didn’t give any timetable for when it might conclude.
The Blog of the Legal Times notes the difficulty posed by running parallel criminal and civil legal actions:
The suit filed today in the U.S. District Court for the Eastern District of Louisiana comes amid an ongoing criminal investigation of the oil spill, which followed an explosion and fire in April that killed 11 workers.
The suit thrusts the government into the sometimes challenging world of parallel criminal and civil proceedings. The Justice Department also said in the complaint it reserves the right to conduct administrative proceedings against the defendants.
“It is difficult to have parallel proceedings going on at the same time,” said Attorney General Eric Holder Jr., addressing reporters this afternoon at Main Justice. “We need to be careful to make sure that we don’t do anything that violates any of the rules that we have to follow on the criminal side while at the same time proceeding on the civil side. It’s been a little tricky.”
Today was the final day to sue for damages caused by the BP oil spill.
The lawsuit makes it possible for the federal government to seek billions of dollars in penalties for polluting the Gulf of Mexico, beaches and wetlands, and reimbursement for its cleanup costs. More than 300 lawsuits filed previously by individuals and businesses, and now consolidated in the New Orleans federal court, include claims for financial losses and compensation for the families of 11 workers killed in the blast.
The judge overseeing those lawsuits had set Wednesday as the deadline to file certain types of complaints, though it was unclear whether the government was bound by that time frame.
“The Justice Department has left its options open to argue that there was gross negligence and therefore should be higher penalties,” said David Uhlmann, a law professor at the University of Michigan who headed up the Justice Department’s environmental crimes section for seven years. “The government has not limited itself in any way with the filing of its civil lawsuit.”
My main question is where will the money go if the suits are successful? Will the people in the Gulf states receive any compensation from damages paid to the government? I certainly hope so.
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