Saturday, August 25, 2007

The Thumbs Are Closed For Contract Negotiations

Roger Ebert has turned thumbs down on thumb reviews for "At the Movies with Ebert & Roeper."

Ebert, who is negotiating a new contract with the syndicated TV show's distributor, Disney-ABC Domestic Television, is a copyright holder on the signature "thumbs up-thumbs down" judgment that's part of each film review.

He has "exercised his right to withhold use of the `thumbs' until a new contract is signed," the Walt Disney Co.-owned company said in a statement released Friday to The Associated Press.

Health problems have kept Ebert from appearing on the show for more than a year, with guest hosts filling in. In the new season starting this weekend, co-host Richard Roeper will be joined for the first few months by movie critic Robert Wilonsky of the Dallas Observer.

Two episodes have been filmed so far without the catchy thumb assessment, which has become a staple of movie marketing and, in turn, a big part of the show's influence.

Major releases including "Superbad" and "The Bourne Ultimatum" boast in newspaper ads published Friday of receiving "two big thumbs up" from the show, and at least five other films cite their favorable thumb treatment.

Ebert, 65, holds the copyright to the critique with the estate of Gene Siskel, his original co-host. Ebert, a film critic at the Chicago Sun-Times since 1967, and Siskel, who was at the rival Chicago Tribune, launched the show in 1975. Siskel died in 1999.
One of the reasons the show was so successful was the simplicity of the ratings - favorable or unfavorable - along with the banter between Siskel and Ebert. The show hasn't been nearly as good since Siskel passed away, but Roeper has done a fair job in keeping the show going, especially when Ebert was unavailable because of his health. However, the thumbs up/down is an integral part of the show, so I suspect that the issue will be resolved soon.

The Face of the Palestinian Activist



That's an AP photo showing what they call a Fatah activist. Note the other Fatah activists in the background either scurrying about for rocks to throw of their own and the kids who could be injured in the crossfire.

Lebanon's Assault on Fatah al Islam Resumes

The Lebanese army resumed its air raids and shelling of islamist gunmen holed up at Nahr al-Bared on Saturday after evacuating the last remaining civilians from the battered refugee camp. Helicopters carried out repeated raids dropping 250- and 400-kilogram bombs on the small area still controlled by the Al-Qaeda-inspired Fatah al-Islam members while tanks shelled the camp, AFP reported.



"Pressure on the militants will be maintained until they heed our call to surrender," an army spokesman said. According to him, information gathered from the 63 women and children who were evacuated from the camp on Friday could help the army in its final assault on the militants.
Lebanon's military has been fighting Fatah al Islam for nearly three months now and has reduce large parts of Nahr al-Bared to rubble in heavy fighting.

Meanwhile, the Lebanese have requested that the UN peacekeeping forces (UNIFIL) stay on for another year. UNIFIL could stay on indefinitely, but unless UNIFIL and the Lebanese start disarming Hizbullah throughout the country, the threat of war hangs over the country. Right now, UNIFIL's mandate only permits them to deal with Hizbullah South of the Litani River, but Hizbullah has regrouped and swarmed the area to the North, placing its forces inside civilian areas - knowing that if they fire on Israel, the counterbattery fire will result in Lebanese civilian casualties.

Meanwhile, there is still no word on Goldwasser and Regev, who have been held by Hizbullah for more than a year.

UNIFIL has also failed to implement all the terms of UN SCR 1701, including securing Lebanon's borders and preserving its territorial integrity from militias and incursions by countries, including Syria. I've repeatedly noted that Syria's interference in Lebanon is a tremendously destabilizing factor - and that interference includes assassinating political opponents and funding and supporting terrorists who operate within Lebanon.

The Viciousness of al Qaeda

How quickly we forget al Qaeda's deadly attack on the Yezidi last week, which killed more than 500 people in Northern Iraq and is the second deadliest attack carried out by al Qaeda behind the 9/11 attacks.

Those kinds of attacks make discoveries such as this all the more important because it displays the viciousness of the enemy we face. And by we, I mean Iraqis, Americans, and anyone who doesn't adhere to the Islamic vision of the jihadists.

Coalition forces operating in Iraq discovered an al Qaeda execution and dumping grounds for victims along with weapons caches.
As Coalition Forces entered the Arab Jabour area, they immediately received small arms fire. The assault force returned fire, killing one terrorist.

During the 24-hour operation, Coalition Forces discovered an area used by terrorists as an execution and dumping site. The ground forces found human skulls, decomposing bodies and bones wrapped in bloody clothes. Wild dogs were rampant around the area, which was characterized by a crater where most of the human remains were dumped. Inside a nearby building, the ground forces found blood spatter and other signs indicating executions had taken place there. In another building, Coalition Forces found several improvised explosive devices in the area and a weapons cache that included trigger wires.

Intelligence reports indicate that al-Qaeda in Iraq operates in the area, and weapons caches in the area contain materials used in the Baghdad car-bombing network. Local Iraqis helped Coalition Forces find a stash of homemade explosives and a building that was suspected of being a car bomb factory. Inside the compound, the ground forces found numerous items used to make and mix homemade explosives for use in car bombs. An air strike destroyed the explosives cache. Eight suspected terrorists were detained during the operation for their association with al-Qaeda in Iraq and conducting terrorist activities in the Arab Jabour region.
While the media might focus on the more spectacular attacks for a time, disrupting al Qaeda operations large and small are necessary and prudent to improve the security situation in Iraq. A small group of ruthless terrorists can inflict pain and misery far outstripping their physical size. A media that focuses only on the terrorists' casualties without noting that the terrorists have been taking a fearsome pounding doesn't help as perceptions sway public opinion and those of many of our politicians whose sense on Iraq is often no more than sticking a finger in the air to see which way the wind blows.

No Official Word

I see that the rumors are still out there about Castro's oxygen intake reduction and his contributions to reducing global warming emissions by holding his breath permanently. However, the only proof will be when the Cuban government officially admits the old gray thug is on a slab.

Look, the longer the Cuban communists say that Fidel's okay, but without actually presenting him in public to show that he is indeed alive, shows just how thuggish the regime is, how it controls the flow of information and media, and is not an open government at all. They must know that if Fidel dies, their ability to control the Cuban people goes down significantly because he cultivated a cult of personality that no one else in the government even begins to approach. So, they persist in keeping Castro (or news of his death or incapacitation) from the Cuban people.

They also know that if the expat community keeps spreading these rumors and the Cuban government doesn't admit that he's indeed dead, the communists think that they're scoring points by exposing the expats to ridicule over their incessant rumors.

UPDATE:
Perez Hilton stands by his statements that Castro is dead based on his sources. He also says that Cuba better put up or shut up and admit that Castro is dead. No videos or photos are acceptable. He wants to see Castro paraded about in public. I have news for Perez: Not.Gonna.Happen.

The communists wont do that until they're good and ready to admit that Castro is dead - even if it's months after the fact. Fausta notes that the cult of personality is like a house of cards - and if Castro is dead, the communists' hold on the country will slip. I'm not sure how fast that might happen, but it would be an extraordinary opportunity for the Cuban people.

Others blogging: Outside the Beltway, Blue Crab Boulevard (and here) , Hot Air, Sister Toldjah, Stop the ACLU, and Poliblogger.

Friday, August 24, 2007

Friday Fidel Dead Rumor Mill?

Val at Babalu is about ready to uncork the champagne and light up a nice hearty stogy as he thinks that the Cuban communistas are about to announce that Fidel has had his one way ticket to hell punched.

This doesn't appear to be the usual weekly Fidel dead rumors.
My cellphone has not stopped ringing for the past ten minutes. Various sources inform that an announcement will come within the next few minutes from the Cuban government on Cuban TV and media. Stay tuned and we'll see if we've been manipulated once again or if today is the birth date of Cuba's liberty.

Update: Here's the deal and what I know up to now, as of 1500 hours, August 24, 2007:

First, South Florida Law Enforcement is on alert. An EOC (Emergency Operations Center) has been set-up and manned somewhere in Homestead.

Im also told Local and State government agencies have food, bottled water, and other necessities - valued in the millions - stored and/or staged in Homestead at or near the EOC.

I am presently verifying whether Coast Guard and DHS and Border Patrol agencies are on high alert. (Verified 01445)

Local News stations are abuzz, mostly on reports very much like the above, with massive law enforcemnt mobilizations throughout Dade county.
If this does indeed pan out, it is a great day for the Cuban community, though the long term effects for those Cubans living under the crushing heel of the Communists in Cuba isn't going to change all that much because the Communists have been handling the day to day matters for nearly a year without Fidel's active involvment.

Cuba's foreign minister said that rumors of Fidel's waning health are untrue, in a news report from several hours ago.

There's also the possibility that the Communists are playing on everyone's hopes that Castro is indeed dead, only to trot him out for all the world to see.

Preferably, I like to see the Weekend at Bernie's version, but because the Cuban government controls the media, they are calling the shots and solid information is difficult to come by.

Hot Air has more, and also relates some of the same concerns I have.

UPDATE:
The following photo is bogus as I discovered when I first posted it, but it is one that many Cubans and freedom loving folks would love to have come to pass. Castro's evil rule over Cuba has doomed generations of Cubans to live under the heel of a totalitarian dictator.

The Rebuilding of Ground Zero, Part 5

While the mess with the Deutsche Bank building puts a damper on rebuilding and reconstruction efforts, all is not lost for Lower Manhattan as Larry Silverstein has unveiled an intriguing skyscraper design at 99 Church, which is two blocks North of Ground Zero. 99 Church is where Moody's currently has downtown space. Moody's is moving into 7WTC, which makes this move make sense. Both buildings are owned by Silverstein, who bought 99 Church last year.

Let's just say that Silverstein continues to deliver where others have failed. This design works on many levels - both as a glass curtain wall building, but one that has elements that trace back to the Woolworth Building down the block.

As for the design itself, the crowning features are the building's crown, which will be what most people will see at a distance. I'm not sure I like the revised base, which is more stark and blockish than the original design, but if this gets built as the renderings indicate, it will be a most impressive space.

Meanwhile, the MTA is in the final stages of demolition on the site where the Fulton Transit Center will be located. This project has been over budget, but it is supposed to improve transit options and efficiencies for commuters who will be able to access PATH and the subways without going outside. One has to recall that the subway systems were built at the beginning of the last century by competing business interests, so they had different routings and linking up the various lines is a complex and costly affair.

The project has already been scaled back because of cost concerns, which makes me wonder what other corners will be cut to make the underground connections happen - the signature glass structure has been scaled back thus far.

The South Ferry subway station should be completed by the end of the year, which will greatly improve reliability of the 1 train.

Without Fail

Just days after New Jersey Attorney General Anne Milgram issued a directive that all law enforcement officers check suspects immigration status with the feds after arrests for violent crimes, local police officials are looking to find a way to avoid carrying out that order.
In Englewood, where the police estimate that up to a fifth of the population of 26,000 are illegal immigrants, the authorities have long asked about immigration status, so “this doesn’t change things at all,” according to Arthur O’Keefe, the deputy police chief. But in Freehold, where a lawsuit recently ended attempts by borough officials to fine day laborers, a new police chief, on the job for only seven weeks, said he was still trying to divine what Ms. Milgram’s instructions actually meant.

“I’m not sure how we’re going to go about enacting it on the local level,” said the chief, Mitchell E. Roth, adding that his 34 full-time officers do not routinely ask about immigration status. “We have special-interest groups. We have to be very diplomatic.”

Ms. Milgram’s order was motivated by the arrest of an illegal immigrant who was out on bail, his status unknown to the authorities, in a brutal triple homicide here this month. It brings immigration authorities more forcefully into local law enforcement matters.

For a list of offenses, ranging from theft to murder and including drunken driving, local police are supposed to ask about the immigration status of people they arrest. If they suspect that the person is in the country illegally, they are supposed to contact representatives from Immigration and Customs Enforcement.

But concerns are already being raised about the potential fallout on immigrants’ cooperation with the authorities, despite Ms. Milgram’s order that victims and witnesses should not be questioned about their status. Many expressed particular concern about the consequences for victims of domestic violence, who are often already reluctant to report their partners to the police.

Immigration advocates said Thursday that many calls had started coming in from people worried about whether the new directive would be implemented fairly.

Shai Goldstein, executive director of the New Jersey Immigration Policy Network, said that members of his coalition were calling it “the law of unintended consequences.”
I have to ask, but what are the unintended consequences of sanctuary cities and the failures to enforce immigration law as it is currently written? We know what some those unintended (or perhaps were they intended all along by proponents?) are: large numbers of illegal aliens whose very status is illegal and subject to deportation. It's created a cheap source of labor, and a group of people who can be exploited on a daily basis with little chance of speaking out on it because those people are concerned that their immigration status would result in deportation back to their country of origin.

Still, these are issues that need to be addressed at the state and local level to ensure public safety. At the same time, action needs to be taken on the federal level to ensure the enforcement of the existing immigration law.

Speculating on the Vick Plea Deal

No one quite knows for sure what will be included in Michael Vick's plea deal, but some outlets are reporting that Vick will not admit to killing any dogs and will not admit to placing illegal bets.
The source told ESPN that Vick's defense team met with federal attorneys Thursday afternoon to determine the "summary of facts" to which Vick will plead, and that his attorneys believed they had a deal. The source said Vick maintains he never killed dogs and never gambled on a dog fight.

He will admit he was present when dogs were killed, but that he did not personally kill any of the dogs.

The allegations of killing dogs and gambling were part of the picture painted by Vick's three co-defendants, all of whom have pleaded guilty.

Vick, 27, is scheduled to enter his plea agreement Monday and could face up to five years in prison.

Vick's co-defendants said Vick provided virtually all the gambling and operating funds for the Bad Newz Kennels enterprise. Two of them also said Vick participated in executing at least eight dogs seen as underperforming by various means, including drowning and hanging.

A government official, speaking on condition of anonymity because the terms are not final, told The Associated Press Wednesday that prosecutors will recommend a sentence of one year to 18 months. However, U.S. District Judge Henry Hudson is not bound by that recommendation or by federal sentencing guidelines that will call for less than the five-year maximum.
This is where things get interesting. Strange things can happen in a celebrity trial when you've got a good defense team present. Vick has a good lawyer, and for their part, they know that Vick could get hammered. That's why we're seeing talks over a plea deal. Avoiding trial introduces certainty into the outcome.

If this pans out as reported, it's the best scenario for Vick, since he would allocute to various related charges without directly claiming that he personally killed dogs or gambled on the dogs. A potential problem, and it's a significant one at that, is that his codefendants said that Vick personally killed dogs and gambled.

Those need to be reconciled and may play into how the negotiations work out over what Vick will actually plea to on Monday.

UPDATE:
I forgot to mention that by avoiding the issue of personally killing dogs or gambling on the dog fights, Vick opens the door to resume his NFL career at some point and salvage deals with sponsors. He's taking a huge hit here, regardless of how this pans out, but these reports suggest that Vick may find an NFL career at the end of all this.

UPDATE:
All the specualtion about what may or may not be in the plea deal turns out to be idle after all. Vick will admit to killing dogs that didn't perform well.
NFL star Michael Vick has admitted that he and two of co-conspirators killed dogs that did not fight well in papers filed Friday with a federal court in Virginia.

NFL star Michael Vick is set to appear in court Monday. A judge will have the final say on a plea deal.

Vick said he would plead guilty to one count of "Conspiracy to Travel in Interstate Commerce in Aid of Unlawful Activities and to Sponsor a Dog in an Animal Fighting Venture" in a plea agreement filed at U.S. District Court in Richmond, Virginia.

The charge is punishable by up to five years in prison, a $250,000 fine, "full restitution, a special assessment and 3 years of supervised release," the plea deal said.

Federal prosecutors agreed to ask for the low end of the sentencing guidelines.

"The defendant will plead guilty because the defendant is in fact guilty of the charged offense," the plea agreement said. Watch how Vick was involved »

In an additional summary of facts, signed by Vick and filed with the agreement, Vick admitted buying pit bulls and the property used for training and fighting the dogs but did not bet on the fights or receive any of the money won.

"Most of the 'Bad Newz Kennels' operations and gambling monies were provided by Vick," the official summary of facts said. Gambling wins were generally split between co-conspirators Tony Taylor, Quanis Phillips and sometimes Purnell Peace, it continued.

"Vick did not gamble by placing side bets on any of the fights. Vick did not receive any of the proceeds from the purses that were won by 'Bad Newz Kennels.' "
The prosecutors have handled this quite well and have created conditions for cracking down on similar dog fighting operations around the country because of the high profile nature of this prosecution.

Pallet Jack Blamed For Latest Injuries At Deutsche Bank Demolition

Two firefighters were hurt yesterday when a worker at the snakebit Deutsche Bank building lost control of a pallet jack on the 23rd story, and it crashed down onto a temporary shed.
A heavy piece of machinery plunged 23 stories off the cursed Deutsche Bank building yesterday, smashing a temporary shed and injuring two firefighters - one of them seriously - just days after two of New York’s Bravest died while battling a fierce blaze there.

A pallet jack fell from the 23rd floor of 130 Liberty St. shortly before 2 p.m., crashing down on a the shed in the safety perimeter around the structure, according to the Lower Manhattan Development Corp., which owns the building and has been on the hot seat since the fire.

Firefighter William Carbetis, 51, had his spleen removed last night at St. Vincent's Hospital. He also received 10 stitches to close a gash on his head. The 17-year veteran was listed in serious condition.

Firefighter Neil Nally, 35, a five-year vet, was treated for an injured neck, back and right hand. He was in stable condition.

The two firefighters work at Engine 258 near the Midtown Tunnel in Queens.
All work at the building has been halted. There had been workers scouring the building over the past week since the deadly fire to secure the facility, but work was also apparently continuing in the decontamination of the building.

John Galt Corp was dismissed from the job earlier this week, and Bovis Lend Lease is still the general contractor on the site. Bovis is one of the biggest construction firms in the country, and it should be remembered that the firm was one of two that responded to 9/11 and helped with the recovery efforts and clearing Ground Zero of the debris. It has also been involved in numerous other high profile jobs around the City including the TimeWarner Center, Bloomberg Building, and the Tweed Courthouse renovation. However, none of this excuses potential failures on the part of the corporation to oversee its subcontractor in this case.

UPDATE:
via Gothamist.comEven as the situation was unfolding at the Deutsche Bank building, a sea of blue formed to pay their respects to the supreme sacrifice made by Firefighter Joseph Graffagnino, who died in the fire that ripped through the building this past Saturday. Firefighter Robert Beddia will be laid to rest today after a funeral service at St. Patrick's Cathedral.

Thar She Blows!

Immigrations and Customs Enforcement officials caught a semi-submersible off the coast of Guatemala with 5.5 tons of blow, worth about $350 million.
A submarine-like vessel filled with hundreds of millions of dollars worth of cocaine was seized off the Guatemalan coast, U.S. officials said.

Four suspected smugglers were operating the self-propelled, semi-submersible vessel when it was located and seized on Sunday evening by officials from the U.S. Customs and Border Patrol, U.S. Navy and the U.S. Coast Guard, the Border Patrol said in a news release Wednesday.

When the suspects realized they had been spotted by drug-surveillance aircraft patrolling the eastern Pacific, they scuttled the vessel but were unable to escape.
Now, if there are drug lords willing to take these kinds of risks, is it possible for terrorists to attempt the same? We might get a better idea of the threat if we're able to learn how many times has this particular craft been used before it was captured.

Thursday, August 23, 2007

Clever

I've got to hand it to Greenpeace on this ad. It's clever and gets to the point. Ted Kennedy has stood in opposition to the construction of an offshore wind farm that would generate electricity for Massachusetts even as he complains about the high price of gas and our reliance on Middle East oil supplies.

His basis for opposition? His view offshore would be harmed. Also, it might get in the way of his pleasure cruises in the waters near his home.

HT: Instapundit.

A Series of Unfortunate Events Caused FDNY Deaths

No one at the FDNY seems to know how or why the standpipes at Deutsche Bank were not tested for more than a year prior to the fire. No one at the FDNY seems to know why there wasn't a fire plan in place to deal with a possible fire at the building during deconstruction.
Steve Cassidy, head honcho of the Uniformed Firefighters Association, met with Fire Commissioner Nick Scoppetta and his staff on Monday and asked a simple question. Did the Fire Department have a pre-fire plan for this horror house, the Deutsche Bank?

"Amazingly, the Fire Department said they didn't know," said an incredulous spokesman, Tom Butler.

When asked if they would send firefighters in again if there happened to be another fire in that building and on the same floor, the department astoundingly said they don't know.

"They said they weren't sure," said Butler.
These are criminal oversights. Two firefighters paid with their lives for fighting a fire in a building when there was no way to fight the fire - sprinkers and standpipes were inoperative. Firefighters improvised a makeshift standpipe by running lines down the exterior of the building, but in the time it took to hook up that system, time ran out for Joe Graffagnino and Robert Beddia. Their air supplies ran out, and until the end, they relied on their training, including tracing their water lines back to attempt to back out of the maze of plywood and polyvinyl wrap used in the decontamination of floors at the building.

All the problems with the demolition work occurred even after supervisors of the work blew the whistle on unsafe conditions, and alcoholic beverages present within the building:
"The firefighters - they didn't stand a chance. They walked into a deathtrap, a booby trap a year or more in the making," said the 52-year-old asbestos-removal supervisor, who worked at the Ground Zero job site for a year.

The supervisor met with FDNY marshals Tuesday, telling them he saw a slew of safety violations in the toxic tower.

He said the 29th floor was casually known as "Teddy's Tavern" because of the vodka and other booze regularly consumed in that floor's decontamination unit, where men cleaned up and ate meals. The 29th floor has since been demolished.

The whistleblower also said work crews smoked heavily and ran live power lines along floors where asbestos removal was being done - a dangerous lapse.

He said the demolition subcontractor, John Galt Corp., hired one electrician to monitor 10 floors, instead of the required two per floor. He charged that some workers set up transformers on work floors and failed to safeguard the red-hot electrical generators.

Galt was hit with a "Notice of Default" yesterday from Bovis Lend Lease, the general contractor. The notice axed Galt from the project, citing numerous safety violations at the demolition site and "the failure to properly maintain all required site safety precautions."

The whistleblower worked at the job site from May 2006 until Memorial Day 2007, when he said he had a blowup with his boss at John Galt over an unpaid bonus. The whistleblower said he quit and took a better job.
The whistleblower also notes that the standpipes appeared to be in working order when he left, but it is possible that they were dismantled by Galt's workers to run compressed air through the system to power systems in the floors above.

The Post isn't mincing words. They want FDNY Commissioner Scoppetta to be fired, and want the tower to be brought down immediately. The former is more easily achieved, but the latter is in doubt because of ongoing concerns about contamination and safety within the building. Someone will need to be hired to finish the job started by John Galt Corp., the subcontractor for Bovis Lend Lease, since Galt was fired from the job yesterday. Another company will have to bid and move forward on the demolition work. That will take time, and I don't see how much Gov. Spitzer or Mayor Bloomberg can do to spur the process on, unless they're both willing to avoid a competitive bidding process to make time of the essence.

The Daily News echoes the Post's calls for FDNY brass to be fired. The failures by the FDNY to have a fire plan and inspections contributed to the deadly scenario.

UPDATE:
The Times runs through the corporate existence of the John Galt corporation, which is really an amalgamation of other corporate entities and appears to include corporate officers from a company that was previously kicked off the Deutsche Bank project.

UPDATE:
More injuries at Ground Zero - a new scaffolding collapse at Deutsche Bank has injured three people, including a firefighter who is in critical condition with possible head trauma.

Today marks the funeral for Joseph Graffagnino. Robert Beddia will be laid to rest tomorrow.

UPDATE:
More details on the collapsed scaffolding.
At least two firefighters were injured this afternoon when part of the scaffolding surrounding the Deutsche Bank building collapsed, hours after crews began doing remedial work on the building following Saturday’s deadly fire.

Fire officials say the collapse occurred shortly before 2 p.m., injuring at least two firefighters, who were transported to Saint Vincent's Hospital.

One firefighter is said to have suffered head injuries. Early reports indicated that several civilians, possibly construction workers were also injured, but the exact number and extent of the injuries is not yet known.

Residents who live near the building have been advised to keep their windows closed while remedial work is being performed.

Corzine's Misguided Financial Preferences

Governor Jon Corzine (D) is looking to fund school construction with increased tolls in New Jersey. What is he thinking? Can we have a more inane proposal?

First, here's some background. New Jersey already has dedicated property taxes to go for paying for education in the state. That was deemed insufficient to cover costs and property taxes rose out of control, so the Governor and Legislature decided to impose a personal income tax in the 1970s to relieve the burden of paying for education in the state. Even that was insufficient, so the sales tax was increased last year to provide property tax relief. The Trenton shell game was fully in play.

Still, property taxes continue to rocket out of control, along with costs for education, and the state has squandered millions in the School Construction Corporation, which Corzine abolished because that wasn't getting the job done. The SCC was created at a New Jersey court's behest to spend money on school infrastructure. More than $8 billion was set aside for that task, and while some projects were completed, hundreds more were left on the drawing board as mismanagement squandered the opportunity.

So, his response to funding construction of education facilities is to leverage the toll roads to borrow money for education. That, in effect, will mean raising tolls.

New Jersey provides nothing more than a shell game for paying for its operation. Now, Gov. Corzine wants to increase the shell game to include toll hikes to cover education spending? Let's remember that it was only a few days ago that Corzine was talking about needing tolls to cover transportation funding to build new bridges and renovate obsolete or bridges with deficient structural ratings. Those two goals cannot be achieved at the same time without substantial and significant toll hikes. Either that, or Corzine wasn't serious about funding transportation projects. His priorities are all askew here.

The Turnpike and GSP tolls are needed to fund maintenance and infrastructure improvements for transportation projects around the state, and should not be diverted to other purposes, including school construction projects. This is just another end-run to pinch taxpayers of more money for projects around the state without having to raise property taxes or the personal income tax. If Corzine attempted that, the state would have a tax revolt on their hands.

Corzine's answer to the state's fiscal woes is to increase taxes, tolls, and selling or leveraging state assets. Nowhere has Corzine ever bothered to look at the other side of the ledger and deal with the bloated state payroll, the gold-plated benefits packages, and the cumulative effect of years of bloated payrolls have on the state budget.

Frankly, Gov. Corzine is proving to be nothing more than a tax and spend Democrat. His supposed fiscal prowess is showing to be poor at protecting the State's fiscal stability and taxpayer wallets. The call to use tolls to fund education projects smacks of nothing more than pandering to a crowd, and is not leadership.

Newark Executions Have MS-13 Written All Over Them

Michelle Malkin does a tremendous roundup of news reports from the New York metro region over the past 24 hours, which details not only the horrors inflicted by the six suspects in the brutal triple slaying, but that the violent signature of MS-13 is written all over these crimes. Expect sexual assault charges to be included in the criminal complaints against the six as noted here:
Sources tell 1010WINS three of the college kids were being held at gunpoint as their attackers went after the fourth. With every breath, the young woman bravely fought off a sexual assault, so much so the assailant gave up and shot her [survivor Natasha Ariel] in the head.

Sources say they moved in on the other woman, pulling a machete, slashing and marking up her face and forehead, sexually assaulting her [Iofemi Hightower].

Defensive wounds on her arms and hands show how valiantly she resisted. In the end, she and her two friends were forced to kneel before a wall, face first, all three executed with bullets to the back of their heads.

Law enforcement sources familiar with gangs say this vicious attack has MS-13 written all over it, similar in its brutality to massacres they’ve committed throughout Latin America. Once convinced this was a robbery gone bad, officials have since conceded several of the suspects have MS-13 affiliations and are now, say sources, giving gang motivations strong consideration.
One of the women attacked and murdered, Iofemi Hightower, nearly had her head cut off by these thugs and used machetes to hack at their victims, and it took morticians three days to prepare the body.

Will Newark finally end its nonsensical sanctuary city policy and enforce the law, including obtaining immigration status of individuals arrested for violent crimes? Will other states and cities do the same?

The New Jersey Attorney General, Anne Milgram will require law enforcement in New Jersey to contact ICE to determine immigration status for those arrested for violent crimes. She notes that law enforcement will not ask victims and witnesses to divulge their immigration status, and that's a fair balance of dealing with the community. You want to be able to obtain tips and witnesses for criminal acts, and the threat of deportation and exposure of possible immigration law violations may keep those witnesses from coming forward and allowing violent criminals to walk free. Even with this move, there are those who are cautious and wonder whether this is going to lead to localities enforcing federal immigration law:
The order drew praise from county and local police departments, although groups such as the American Civil Liberties Union of New Jersey and the Latino Leadership Alliance of New Jersey cautioned that it could lead to abuse by local officers.

"There needs to be more training with regard to this and other related issues to ensure it doesn't go down a path of enforcing federal immigration policy or racial profiling," said Charles "Shai" Goldstein, executive director of the New Jersey Immigration Policy Network.

Milgram said the state will monitor departments periodically to insure compliance and issue an annual report on how often notifications are made. She stressed that officers are prohibited from racial profiling -- treating suspects differently based on their ethnicity.
Sadly, it should not have taken this violent crime to have law enforcement conduct this common sense check of immigration status for those it arrests.

Furthermore, there are problems with ICE and its ability to determine promptly whether someone is here legally or not. As Michelle notes, there remain questions relating to the immigration status of the individuals arrested - in particular Godinez, Jovel, and Carranza. Were they subject to TPS - temporary protected status, which enables lawful residency in the US even if they've been accused of criminal acts? Under TPS, it would take a felony conviction to strip someone of TPS, but no one at ICE appears to know what status any of the three have.

This is one of the most infuriating aspects of this case. We have law enforcement who doesn't check with ICE to determine whether someone is here legally or not, so bail can't be properly determined or detainers placed against illegal aliens pursuant to immigration law, ICE can't quite figure out whether the three men are here lawfully - especially if the men may have been granted amnesty as a result of one of a number of amnesty laws passed since the 1980s, and the media doesn't seem to think that this aspect of the story is worth pursuing despite the problems with immigration law.

Others noting the story include Hot Air.

Meanwhile, those within the Newark community have rallied around the families of the victims.

Wednesday, August 22, 2007

Sensibility By New Jersey Attorney General

Attorney General Anne Milgram today required all local police officers in New Jersey to inquire about the immigration status of suspects charged with serious crimes, and to notify federal immigration authorities if there is reason to believe the suspect is in the country illegally.

The requirements, which go into effect immediately, apply to suspects arrested for indictable offenses and for driving while intoxicated, Milgram said. If the suspect is unable to prove he or she is legally in the United States, the police officer is required to notify Immigrations and Customs Enforcement, she said. The policy also specifies that prosecutors and courts be notified.

Local officers cannot inquire about the immigration status of crime victims, witnesses to crimes or persons requesting police assistance, she said.
Now, it remains to be seen whether municipalities, including Newark, will adhere to the AG's requirements or whether they will continue their misguided policies of looking the other way on arrests and other law enforcement interactions with individuals who are later determined to be illegal aliens.

Determining the identity of someone needs to include obtaining whether someone is a legal citizen, legal resident, or an illegal alien, as that can and should have an effect on whether bail is granted based on the flight risk, and whether detainer and deportation should be considered.

I suspect that Newark will try to skirt the rules based on Mayor Booker's (D) statements last week.

FBI Seeks Individuals For Questioning


The FBI is interested in talking with these two men, who were seen acting suspiciously on one of the many Seattle area ferries that cross Puget Sound.
The FBI is asking for the public’s help two identify two men who have been seen acting strangely aboard Washington State ferries recently.

According to federal agents, passengers have seen the men on several occasions exhibiting unusual behavior. The FBI did not say precisely what that unusual behavior entailed.

Anyone who knows the men or there whereabouts are asked to call the FBI at (206) 622-0460.
So, what has the Seattle Post-Intelligencer done through this? They've dutifully run an article outlining what is going on, but have refused to run the photo of the men. How exactly would anyone know who to look for based on the description provided in the article except as to go by a photograph? These are people of interest and every opportunity should be provided to enable the authorities to make contact with these individuals.

Ignoring ScottScam, TNR Attacks Bill Kristol

Once again, The New Republic (TNR) goes on an ideological attack against Bill Kristol and completely ignores the mess that is their initial fact checking on the Beauchamp story. This is what they have done each time TNR's editors have responded to allegations of misconduct on their part or by Pvt. Scott Thomas Beauchamp. They've claimed an ideological basis for the attacks on TNR, and ignored or downplayed the factual and logical inconsistencies in their publications, purposefully omitted statements from the US military discrediting Beauchamp's articles, and stonewalled.

If TNR had done the proper fact checking originally, they would have realized that something was amiss - especially with the dining hall incident - which didn't even occur in Iraq, but in Kuwait before Beauchamp arrived in the war. That should have set off alarm bells over his timeline, but it did no such thing because TNR didn't bother checking beforehand. Indeed, the failure to fact check at the outset led to ignoring problems elsewhere in the articles that became painfully obvious to milbloggers who know policies and procedures, experts with firearms, and anyone with common sense and logic and reasoning skills.

It's fact checking after the fact was similarly awful - hoping that a cursory claim that anonymous sources backed Beauchamp's story. That too has fallen apart because named sources - including the manufacturer of the Bradley IFV noted that it simply wasn't plausible for the scenario Beauchamp alleged to have occurred.

Then, there are questions of military doctrine that also put TNR on the hot seat - one does not change a flat tire in a river of pooh. A) There isn't enough water in dry desert conditions to permit a river of pooh as alleged; B) US military vehicles use run-flat tires so that they do not need to be changed; C) military doctrine would generally use another vehicle to tow the affected vehicle rather than expose all to potential sniper, mortar, or IED attack; etc...

Instead of continuing to question TNR's fact checking operations and publication of fallacious and exaggerated stories from the fertile wellspring of Pvt. Beauchamp, the story now is about Kristol and his so-called mean digs at TNR because they ran a bogus story as news. Very nicely played.

What we get is a TNR defense that they're simply responding to an ideological attack. It's a diversion, but it can also be quite effective in obscuring the issues at the heart of the matter. At its base level, it is nothing more than a smear of Kristol. Nice.

Chait's piece provides no defense of TNR's own work on Beauchamp or its fact finding efforts, because there frankly hasn't been any that would pass muster.

The Rebuilding of Ground Zero, Part 4

Criminal investigations by the Manhattan District Attorney, Robert Morgenthau, are proceeding.
Prosecutors from the DA's Rackets Bureau will work with fire marshals and any other interested agencies to determine whether any criminal violations occurred by the construction company dismantling the building.

The president of the firefighters union said that he thinks conducting a criminal investigation is the right thing to do.

“We think that it's critically important that the Manhattan district attorney run an investigation,” said Uniformed Firefighters Association President Stephen Cassidy. “He has subpoena power. We want people subpoenaed, put under oath, and asked questions, and we want the truth and we think we're only going to get it when people are put under oath.”

Fire officials say the contractors failed to maintain a standpipe that was supposed to deliver water to firefighters. Instead, firefighters found the standpipe disconnected and were forced to haul hoses up the side of the building using ropes.
A separate investigation by State Attorney General Andrew Cuomo has also begun, with the criminal investigation taking precedence. Criminal charges may be warranted depending on the findings by Morgenthau's office.

The disasterous fire at the Deutsche Bank building that killed two firefighters on Saturday may force work at Ground Zero to grind to a halt because of delays to the Deutsche Bank deconstruction is where access to the rest of Ground Zero is supposed to occur.
If the delay drags on, there's no telling how badly it might derail the reclamation of a site that has taken six years to gain traction.

The importance of the Liberty Street demolition was explained in detail by The New York Times' David W. Dunlap last winter. For starters, the site must be cleared before the LMDC can turn it over to the Port Authority, which will then hand it over to JP Morgan Chase to start work on its planned new headquarters tower there.

The PA technically has until mid-2009 to turn the land over to the bank - but that's based on an option to extend a more desirable deadline of mid-2008. Who can say how JP Morgan's confidence in the deal might be jarred by a year's delay?

The Deutsche site, as Dunlap explained, is also intricately linked to conditions on the north side of Liberty Street in Ground Zero itself. In a nutshell, the PA can't fulfill its commitment to construct new underground infrastructure there without first having access to the earth beneath 130 Liberty St., because the two sites are connected by sewer pipes.

Without being able to dig under 130 Liberty St. and moving the pipes, the PA can't create a new "bathtub" along Ground Zero's south side. Without the bathtub, it can't build an underground vehicle security center there.
If the bathtub can't be built, delays ripple through the construction process for the other buildings at Ground Zero, including the Freedom Tower. Those delays translate into delayed entry of tenants and the finishing of interior spaces.

UPDATE:
Gothamist has a roundup of news reports, and includes a bit about how the FDNY may have been operating off outdated information on the building and that they may have ignored a McKinsey consultant's report post-9/11 that noted that the FDNY sent in too many firefighters into the WTC complex before contemplating the extent of the situation. There are more questions than answers at this point, including whose responsibility was it to test standpipes in the building, and whether Bovis Lend Lease or John Galt Corp. were skirting the safety rules and regulations in order to complete demolition on schedule.

UPDATE:
John Galt Corp., the subcontractor responsible for deconstruction, has been given five days notice of its termination from the project.
The John Galt Corp., which was conducting most of the work at the site, was given five days notice before its contract is terminated. The decision was made by Bovis Lend Lease, the company managing the dismantling of the former Deutsche Bank office building.

In a letter to Galt executives, Bovis executive James Abadie wrote that in recent weeks, "and most notably in the days following the tragic accident that occurred at the project site on Aug. 18, Galt has demonstrated an inability to comply with the terms of its trade contract with respect to site supervision, maintenance and project safety.''

A message left Wednesday for Galt, which employed about 200 workers on the project, wasn't immediately returned.
It appears that Bovis is trying to distance itself from Galt's potential liabilities, as the investigations focus in on the actions of the contractors and those responsible for safety and oversight at the deconstruction site. This is too little, too late, as Bovis will likely be brought in as the deep pockets, among the City and State.

Fox5NY has reported that inspections of Fiterman Hall, which needs to be deconstructed in the same fashion as Deutsche Bank, have found no problems with the sprinkler systems and standpipes.

Rich

Former Newark Mayor Sharpe James (D) who has been indicted on various corruption charges, claims that he can't pay his lawyer bills.
Raymond M. Brown, of Greenbaum, Rowe, Smith & Davis LLP, represented James in court in July after the former mayor was indicted on corruption charges alleging he bilked the city for thousands of dollars in personal travel and vacations, including one to test drive a Rolls Royce, and steered lucrative city land deals to associates.

But Brown filed a motion to U.S. District Judge William Martini today asking for his firm to be removed from the case.

"Sharpe James has advised me...that his personal funds will not be able to meet the projected budget for the hiring of this law firm," Brown wrote in an affidavit to the court. "Continued discussions of this matter have the capacity to erode the lawyer-client relationship and to interfere with providing effective assistance of counsel."
That's a curious thing, considering that he's quite well to do with various pensions and bank accounts at his disposal. Indeed, he's got an annual pension of about $125,000 and had a million dollar nest egg, from which he withdrew about half. Not all of that money can be used in this matter, but it would appear that he has the assets, but not the willpower to actually use his own money for his legal defense. Further, if he wins the case, he would be reimbursed by the City for his defense since it stems from his time in office. This may be the first sign that things are not going well for James and his lawyers are seeing the mess pile up around them. Knowing that your co-counsel is also facing trouble over this case isn't making Brown's job any easier.

Indeed, that's the more interesting development - federal prosecutors are trying to knock James' other lawyer from the case:
Brown's motion comes as federal prosecutors seek to knock James' other lawyer, prominent criminal trial attorney Thomas Ashley, out of the case. Prosecutors argue that Ashley has a conflict because he represented two other people who could become witnesses in the trial when they appeared before the grand jury. They also said Ashley himself could become a witness in the case because James visited Ashley in Martha's Vineyard in August 2003 during one of the many personal vacations James allegedly billed to the city.

Ashley had another attorney, Alan Zegas, respond with a motion on his behalf, accusing the government of sinking to "unthinkable depths" by tarnishing Ashley's ethics to block James from having the counsel of his choice.

Martini will hear arguments on the motions Wednesday morning in federal district court in Newark.
The legal woes for James are mounting, and having a legal team in flux doesn't make it any easier.

Oh, and no where in this article does it mention James' political affiliation. I'll give you a clue - he's a Democrat.

Tuesday, August 21, 2007

Headhunting After Hedge Fund Woes

A major law firm, Akin Gump, is being sued to the tune of $4.4 billion (excluding punitive damages!) in a claim that asserts that the firm provided incorrect legal advice:
Like most hedge fund managers, James McBride and Kevin Larson expected to make a tidy sum. By the fall of 2003, they seemed well on their way. The series of Veras funds they had launched less than two years before had already attracted around $1 billion in investments.

But then regulators, including then-New York state Attorney General Eliot Spitzer and the Securities and Exchange Commission, came after the Veras funds for "late trading," the illegal purchasing of mutual fund shares after the 4 p.m. market close. Veras wound up paying more than $36 million in penalties before shutting down. McBride and Larson each paid $750,000 and were barred from the industry.

But the ex-fund managers are still out for big money, this time from the law firm they claim advised them that late trading was legal. In February, the former hedge fund managers filed suit against Akin Gump Strauss Hauer & Feld in Manhattan Supreme Court.

Their damages claim? A whopping $4.4 billion, not including punitive damages.

Akin Gump has denounced the suit.
Akin Gump is far from the only firm facing lawsuits over alleged legal advice pertaining to hedge fund and financial company management. Still, the amount being sought is eye-popping.

Endeavour Set To Land At Kennedy Space Center

NASA's space shuttle Endeavour is set to land shortly, and it's made it through the toughest part of the landing - reentry into Earth's atmosphere. Landing will be at Kennedy Space Center.

You can watch the landing via the Video service at NASA.

Spouses Making Impact On 2008 Elections

I can't say that I've seen anything quite like this before. We've been increasingly seeing the spouses of prospective candidates for President entering the fray and issuing statements of making statements to the press slamming other candidates with increasing fury and vigor.

All in the name of soundbites.

I've said it before that I believed that Elizabeth Edwards was behaving far more like a candidate than her husband John Edwards, but Michelle Obama taking on the Clintons over Hillary's inability to deal with Bill's indiscretions strikes me as being just wrong.

Some people might think that such attacks are fair game considering that we should know as much about candidates, their personal backgrounds, and missteps as possible. However, who exactly are we electing?

Are we electing the person on the ballot or the spouse? Should that really play a role? No doubt that it does play a role, but that the spouses are getting deeply involved is in contrast to prior elections, where the spouses stayed on the sidelines to avoid becoming the story.

Here, it would seem that the spouses are going out of their way to become the story.

Yucatan Slammed, Mainland Mexico Next Target For Dean


Hurricane Dean, which was briefly a Category 5 storm, is now a Category 2 storm, with winds of about 105 mph as it pounds the Yucatan Peninsula before heading into mainland Mexico.

The storm downed trees and cut power, but the damage wasn't as catastrophic as it could have been. Mexico and the Yucatan, including Belize, appear to have been very lucky through all this.
Downed power lines and damaged buildings were reported in Mexico and northern Belize, but no casualties.

Streets were flooded outside a hotel in Chetumal, just south of where Dean's center made landfall around 4:30 a.m. (5:30 a.m. ET) with maximum sustained winds of 165 mph (266 kph), according to the National Hurricane Center.

Two hotel workers tried to clear a clogged street drain with a garden rake in an effort to relieve the flooded streets.

The storm's eye passed just south of the resort areas of Cozumel and Cancun, striking a rural and sparsely populated area near Chetumal, the capital of the Mexican state of Quintana Roo.

At 10 a.m. (11 a.m. ET), the weakened hurricane had maximum sustained winds of 105 mph (165 kph) and was 90 miles (150 km) west-northwest of Chetumal, according to the hurricane center. It was moving west at 20 mph (32 kph).

The storm is expected to lose more strength as it passes across the Yucatan, before re-emerging in the Gulf of Mexico. It is forecast to strengthen again and hit central Mexico Wednesday with winds around 100 mph (161 kph).
The area where the hurricane came ashore at its most violent was a sparsely populated area that had been evacuated in anticipation of the hurricane's landfall. Brendan Loy and his co-bloggers note that Costa Maya, the popular cruise ship port/destination, likely suffered major damage. We'll know more as reports begin to come out of the stricken areas.

UPDATE:
Cleanup continues in areas affected by Dean. Cancun was largely spared, and Jamaica is cleaning up the mess. For Jamaicans, the resort destinations of Kingston, Ocho Rios, and Negril suffered only minor damage as they were well North of Dean's most furious winds and rains. That's especially important for a country that is reliant upon the tourist industry for its income.
In Jamaica, where Dean paralleled the southern coast Sunday, about 10,000 tourists remained on the island. There was heavy flooding and road damage, and the country was placed under a state of emergency. Cruise ships canceled their Jamaica calls this week, except for Royal Caribbean's Freedom of the Seas, which will dock in Montego Bay Wednesday.

But Monday, tourism officials reported "minimal damage" to the north coast's popular resort areas, including Montego Bay, Ocho Rios and Negril. Commercial flights resumed Monday to Montego Bay and Tuesday to the capital, Kingston. The website for Jamaica's SuperClubs resorts said its properties would accept guests as soon as airports reopened, though it was waiving change fees for arrivals scheduled through Aug. 24. At Half Moon Montego Bay, officials said damage was limited to fallen trees, limbs and debris and the resort remained open.

Dean's eye passed about 100 miles south of the Caymans, and the islands were spared hurricane-force winds, which extended outward up to 60 miles from the center. Officials reported no damage to buildings; police lifted a mandatory curfew Monday afternoon and the airport on Grand Cayman was scheduled to reopen Tuesday morning.

In Martinique, where Dean passed just south of the island as a Category 2 storm early Friday, two deaths were attributed to the hurricane and authorities estimate repairing the island's infrastructure will cost at least $200 million. The international airport reopened Saturday and tourism officials said all of the island's 160 hotels and resorts remain open, but Club Med said guests due to arrive at its Buccaneer's Creek resort before Aug. 26 would be given alternate dates or resort options because many island areas lacked electricity and other services.

Deutsche Bank Fire Investigators Continue Grim Work

The Deutsche Bank building deconstruction has been a long and painful process from the moment the World Trade Center was attacked by Islamic terrorists on 9/11. It took time to determine whether the building was structurally sound and while the building would be able to stand despite the serious damage, it was quickly discovered that the building was compromised by contamination from debris falling from the collapsing towers plus mold that had infested deep inside the building.

After years of haggling and trying to come to terms over what to do, the City, State, LMDC, PANY, and insurance companies were finally able to deal on Deutsche Bank last year, which set in motion the deconstruction. The deconstruction process was repeatedly delayed because of air quality concerns (necessitating all the additional plywood and plastic sheeting for controlling emissions from the building) and the discovery of hundreds of human remains despite claims that the building was indeed cleared of remains by law enforcement and the medical examiner's office.

The fire that started on Saturday killed two firefighters, and their funerals were scheduled for later this week:
Joe Graffagnino
Wake today and tomorrow, 2 p.m. to 5 p.m and 7p.m. to 10 p.m. at Andrew Torregrossa and Sons Funeral Home, 1305 79th St., Dyker Heights, Brooklyn. Funeral Mass Thursday 10a.m. at St. Ephrem's Church, 935 Bay Ridge Parkway.

Robert Beddia
Wake tomorrow and Thursday, 2 p.m. to 5 p.m. and 7 p.m. to 9 p.m. at Harmon Funeral Home, 571 Forest Ave., S.I. Funeral Mass Friday 9:45 a.m. at St. Patrick's Cathedral, 460 Madison Ave.
Investigators are looking at the standpipes that feed water into the building to fight fires. They've apparently found numerous problems with the standpipes, including a valve that wouldn't work in the basement, and even if firefighters had managed to get that valve working, broken pipes within the building would have prevented its use.
Investigators have found that a standpipe valve between the basement and the first floor of the former Deutsche Bank building was shut, effectively cutting off the only source of water for firefighters battling last Saturday’s blaze on the upper floors of the high-rise, according to fire officials.

But even if the valve had been open, water would never have reached it because the network of pipes that is supposed to deliver water from fire trucks on the street to the standpipe system was also compromised, with several breaks in it, the officials said, speaking on condition of anonymity.

Fire officials said a piece of the standpipe system was missing altogether. The piece was found next to the pipe.
Gothamist has more.

The contractors on the job, Bovis Lend Lease, and its subcontractor, John Galt, could face criminally negligent homicide charges as a result of the fire and all the problems with the building.

If you think the situation with the Deutsche Bank is bad - and it truly is tragic, consider that CUNY's Fiterman Hall remains just as it was shortly after 9/11 - badly damaged from the collapse of 7WTC and in need of demolition while no action has been taken to do so. At least they had begun the process of demolishing Deutsche Bank - they had taken the 40 story building down to 26 floors and were able to demolish one floor every four days.

They may still be able to finish the demolition by the end of the year, but they better figure out why the standpipes were not functioning and why deconstruction was able to continue despite that fact. Work on the building has been halted while investigators try to piece together what happened and why the standpipes were not functional.

UPDATE:
The Post's editorial page slams the FDNY, city and state officials, and the contractors for the mess at Deutsche Bank. They want to know why firefighters were sent into the building with inadequate water supplies.

UPDATE:
There is finally some action on Fiterman Hall demolition. The building will finally be razed to make way for a new CUNY building to be designed by IM Pei's architectural firm.
Located adjacent to 7 WTC, the Borough of Manhattan Community College’s 15-story academic building was partially destroyed on 9/11 and contaminated by mold and debris from the twin towers. The college has retained the architectural firm of Pei, Cobb & Freed to design a new 400,000-square-foot building, which will house classrooms, faculty offices, a café, art gallery, computer labs, and student lounge space.

Following two years of insurance claims negotiation, the construction manager selected to clean and deconstruct Fiterman Hall submitted scaffolding and revised remediation plans to the EPA in January. Since then, a new sidewalk bridge has been installed and air monitors are being placed in advance of the pending remediation and deconstruction of the Fiterman Hall, which should begin in August 2007. Once the EPA approves project plans, the multi-stage cleaning and deconstruction plan will commence. This is expected to last 10 to 12 months. First, the construction manager will replace the existing post-9/11 scaffolding and netting, retest the building’s exterior for contaminants, and re-clean where necessary. Next the building’s interior will be sealed off, cleaned and emptied in three-floor segments, followed by cleaning of the roof.
I hope that the Fiterman demolition team learns from what happened with the Deutsche Bank building and makes safety a priority and ensures that fire suppression systems are fully operable throughout the demolition process.

Gangs and Sanctuary

GOP Presidential candidate Tom Tancredo slammed the whole notion of sanctuary cities and pointed to the Newark triple execution as proof-in-fact.
Federal officials said on Monday that a second man among the suspects in the schoolyard slayings of three young friends was in the United States illegally, and a conservative presidential candidate flew into town to denounce the city’s leaders as complicit in the murders because they had declared Newark a “sanctuary” for immigrants.

“If the suspects are found guilty, Newark and its political leadership share a degree of responsibility,” Representative Tom Tancredo, Republican of Colorado, said on the steps of the gold-domed City Hall, surrounded by a dozen supporters and slightly more protesters who rallied against him. “I encourage the family of the victims to pursue a lawsuit against the city.”

Mr. Tancredo, whose bid for the Republican nomination is based largely on an aggressive stance against illegal immigration, is among the many conservatives nationwide who seized on the killings after it was reported that one of the suspects, Jose Lachira Carranza, 28, was an illegal immigrant from Peru.

Before the killings, Mr. Carranza had been arrested three times on felony charges but had been released on bail, in part because the authorities never checked his immigration status. Doing so would likely have triggered a federal “detainer” that would have kept Mr. Carranza in custody to await deportation proceedings.

On Monday, the federal Immigration and Customs Enforcement agency placed a similar detainer on Melvin Jovel, 18, who on Sunday was the sixth person to be arrested in the case. Immigration officials said Mr. Jovel, who was from Honduras, also was in the country illegally.

A third man, Rodolfo Godinez, 24, a legal resident who immigrated from Nicaragua, and three teenagers also face murder and robbery charges for the shooting deaths of Iofemi Hightower, 20; Dashon Harvey, 20; and Terrance Aeriel, 18, on Aug. 4 behind the Mount Vernon School. Mr. Aeriel’s sister Natasha, 19, was also shot, but survived.
Well, it would appear that Godinez somehow attained legal residency, even though earlier reports indicated that he had been subject to deportation and no one was able to track down his whereabouts despite having been involved in various criminal activities over the years.

The sad fact is that the people who pursued the sanctuary city policy on grounds that they were doing so out of compassion for illegal aliens have only managed to provide fertile ground for illegal aliens to pursue criminal activities, including violent crimes such as the triple execution slaying. Gangs, including MS-13 have exploited sanctuary city policies and have set up shop in many urban areas, including Newark.

It was only yesterday that Mayor Cory Booker (D) acknowledged that there are indeed gang overtones to the triple execution, although they continue to downplay the gang aspect. Today, we learn more about the arrests of Godinez and his half brother, Alexander Alfaro, 16, who was arrested Saturday in Virginia after a FBI informant noted that he was meeting up with MS-13 gang members. Two other members had web pages that touted MS-13 and Newark residents have said that they believed that some of the suspects were indeed gang members.

Meanwhile, other New Jersey localities are struggling to deal with the problem and some are urging their elected officials not to assist the federal government in enforcing immigration laws. One such locality is the town of Bogota:
"Our local police should not have the added duty of helping the federal government enforce the U.S. Immigration and Nationality Act," said mayoral candidate Andrew T. Fede, a lawyer. "And we are concerned that some believe that the program could be abused as a profiling tool against Hispanic-Americans."

Lonegan, who is not seeking reelection, is one of the state's most vocal proponents of strict immigration enforcement. He said last month that he was considering applying for the program. He said illegal immigration was not a significant problem in Bogota but that he felt 287G would serve as a deterrent to undocumented people who might otherwise settle in Bogota.

Councilwoman Anne Marie Mitchell, who is running for reelection on the same slate as Fede, was on the list of candidates who released the statement opposing 287G. She could not be reached for comment.

At least one New Jersey mayor, Morristown's Donald Cresitello, has applied to the U.S. Department of Homeland Security for admission into 287G. He says he is still awaiting a decision.

The federal program has gained attention nationwide as local officials are making moves to address illegal immigration, citing the failure of national political leaders to reform the flawed immigration system.
UPDATE:
Jovel was in court to plead not guilty to the charges stemming from the triple homicide. However, the interesting part comes from what is now being considered an undetermined immigration status. No one seems to know whether Jovel was a legal resident or not.
Jovel, who is from Honduras, told the judge he does not have a Social Security number or a green card, but his immigration status remains unclear, prosecutors said. A U.S. passport was found among his belongings when he was arrested Sunday night, but officials are still trying to determine whether the passport is valid, Assistant Essex County Prosecutor Thomas A. McTigue said. Federal authorities have placed a detainer on Jovel because his status is uncertain, McTigue said.

Immigration and Customs Enforcement officials participated in Jovel's arrest, and a spokesman for the agency said it becomes involved "when they suspect a person is in the county illegally."
So, it is quite possible that he had forged documents, which add to his legal troubles but no one is quite sure whether he is here legally? This once again highlights the problems with enforcing immigration laws and the failure to control borders. We simply don't know who has entered the country and whether individuals have overstayed their visas, especially when localities do not inform ICE of arrests. In this case, because it is a high profile situation, ICE was involved and a detainer was placed on Jovel. This is what needed to have been done with Carranza and Godinez when each were arrested previously - so as to determine their immigration status and prevent flight if bond was issued on earlier crimes. Failures to contact ICE meant that the illegal aliens were able to stay on the streets and commit still more crimes.

UPDATE:
Mitt Romney has also blasted the notion of sanctuary cities, in a new ad campaign. I guess he felt this was a way to go after Rudy and score points with the law and order types who have been on the case of those municipalities that have sought to become havens for illegal aliens.
"Immigration laws don't work if they're ignored," the ad's announcer states. "That's the problem with cities like Newark, San Francisco and New York City that adopt sanctuary policies. Sanctuary cities become magnets that encourage illegal immigration and undermine secure borders."

"Legal immigration is great," Romney, a former governor of Massachusetts, himself says in the ad. "But illegal immigration, that we've got to end. And amnesty is not the way to do it."
UPDATE:
Michelle Malkin weighs in on the arrest and indeterminate status of Jovel.

The Kinder, Greener, Granola 24

As Dan Riehl puts it succinctly, stick a fork in 24. It's done. When you bring aboard Janeane Garofalo, you're heading into gobsmacking awfulness. How exactly is she going to improve matters over the past season, which itself was lackluster when compared to earlier seasons?
Garofalo will play a government agent who is part of the team investigating the crisis befalling Jack Bauer (Kiefer Sutherland) and company in the upcoming season.

Garofalo is the second major cast addition to the action drama, which is going through a major revamping coming off a lackluster sixth season. Cherry Jones was tapped last month to play the new president.
What exactly will Janeane Garofalo do? Is she going to use harsh language to obtain computer codes by torturing terrorists with the sound of her voice? Her personal politics are besides the point. It's her inability to act that is a problem. She's got the potential to be funny at times (and I'm being charitable as she was a decent foil in the movie Truth About Cats and Dogs), so my guess is that she's looking to solidify her dramatic acting chops.

She should stick to the comedy clubs. Better yet, since she's busy acting, we would all be safer going to comedy clubs come Monday nights during the season.

Monday, August 20, 2007

Vick Accepting Plea Deal

This is a developing story, but NFL quarterback Michael Vick appears to have accepted a plea deal. The Virginian-Pilot says that Michael Vick will accept a plea deal in the dog fighting case, which includes prison time.

UPDATE:
It's official. He is going to plead guilty on felony conspiracy charges.
Vick will enter a guilty plea to the felony conspiracy charge next Monday at 10:30 a.m. ET, said Lawrence Woodward, one of Vick's defense attorneys, the Virginian-Pilot reported.

"Michael wishes to apologize to everyone who has been hurt by this manner," a statement read Monday.

U.S. District Judge Henry E. Hudson, who is presiding over the case, said he has the leeway to sentence Vick and his co-defendants as he deems fit and is not bound by the recommended sentences given to him by the prosecution, USA Today said.

CNN also said that Vick's attorneys are hoping to hear from NFL commissioner Roger Goodell on Monday about what options would be available to the Atlanta Falcons star quarterback if he does accept a plea deal.

A grand jury was scheduled to convene Monday in the federal court where Vick and three co-defendants were indicted on dogfighting charges last month.

There’s no indication whether the grand jury will take up further allegations against Vick, although federal prosecutors have said they plan to seek a superseding indictment in the case.

That would mean more charges against Vick, the lone defendant who has not been convicted now that all three of his co-defendants have reached plea deals.

Vick’s attorneys were negotiating with federal prosecutors last week, hoping to strike a deal on a plea agreement.
By striking a plea deal, Vick's lawyers hope to minimize the damage done - both in terms of the criminal sanctions and to Vick's future in the NFL and life in general. This was a very strong case with plenty of evidence, which only increased once Vick's "friends" turned on him and turned state's evidence. It was only a matter of time before Vick would have to give in and realize the damage done by this whole sorry mess to his credibility and future.

Dean's Destructive Path Zoning In On Mexico

The storm models have all been shifting to the South, so it appears that the next target for Hurricane Dean will be the Yucatan Peninsula, followed by a strike on mainland Mexico. Some models push hurricane force winds out into Southern Texas, but it appears that the brunt of the storm will be felt in Mexico. Brendan Loy has more on the storm track. He also noted that because the eye didn't cross Jamaica, it didn't break down, which means that the potential is present for serious intensification to a Category 5 storm, although the central pressure isn't in record territory. Also, even though the storm may intensify to that level, it doesn't mean that it will make landfall as that strong a storm. Eric the SciGuy wonders at the overhyping of Dean's potential landfall.

He also has a good post about the projected track into the Yucatan, and what we can expect for the rest of the hurricane season. We're entering the busy period, so we should expect more storms between now and November, when the season comes to a close.

Oil rigs in the Southern Gulf of Mexico have been evacuated in anticipation of the storm. Meanwhile, the Caymans are bracing for the storm's approach and Jamaica begins the cleanup.

UPDATE:
The NHC has found that Hurricane Dean has intensified to a Category 5 storm with winds of 160 mph.

Suckered At The New Republic

I read Richard Miniter's article with great interest and it was good to see that Miniter went after those supposedly compassionate leftists who talk about gay rights and all the rest but had no problem attacking McGee's sexual orientation because he wasn't politically oriented in a fashion they saw appropriate. The double standards and hypocrisy are astounding, and while it makes for an interesting subplot of the larger problems for TNR, the fact remains that TNR is still unable to actually verify Beauchamp's stories except with anonymous sources and by omitting key details that threaten the house of cards built up by TNR's editors to cover their original follies.

Plenty of questions continue to swirl around Beauchamp's articles, and TNR's responses claiming that they've verified the stories ring hollow, especially when one realizes the way the editors at TNR have parsed their responses. They've fundamentally altered the location of one of the most awful episodes recounted - the dining hall incident that was initially indicated to have occurred inside Iraq at FOB Falcon - to one that happened in Kuwait even before Beauchamp entered Iraq.
An insider-turned-whistleblower and the fabricator’s former fiancée, as well as other sources, have spoken to PajamasMedia.com—providing a plethora of new details that raise new questions.

Those questions include: Did the fabricator’s wife, Elspeth Reeve, fact-check her husband’s articles? Did her staff position make other fact-checkers go easy on him? Why didn’t Reeve’s knowledge of Beauchamp’s character and history make her skeptical of his work? (Remember the old journalist saw: “If your mother says she loves you, check it out.”) Did Foer’s friendship with Beauchamp affect the fact-checkers or provoke Foer to defend him in the face of mounting evidence? And, why was the whistle-blower the only New Republic staffer to be fired? Finally, what does the magazine intend to do to ensure that it does not get fooled again?
Meanwhile, bloggers that TNR excoriates, such as Confederate Yankee's Bob Owens and Ace of Spades, have tracked down named sources at MNF-I, the manufacturer of the Bradley Fighting Vehicle, and have drawn upon their own military experience or time spent in Iraq, including Blackfive, Michael Yon, Greyhawk and Matt Sanchez, to shoot down various factual and logical inconsistencies. Other bloggers have done quite a bit to publicize the mess and to ask questions of their own.

All told, the bloggers have shredded the so-called fact checking done by TNR prior to the publication of the stories, and shown that TNR's post publication fact checking is not only wanting for completeness, but that it shows the same kind of ideological blinders that TNR claims pervades the criticism of TNR's handling of the matter in the first place. Indeed, TNR has purposefully withheld knowledge from its readers that the US Army discounted the stories, that it completed an investigation that resulted in those claims being found baseless and in the realm of myth and urban legend, and that Beauchamp was free to talk to whoever he saw fit within the limits of operational security, but that he has chosen not to talk to anyone - including TNR's editors. TNR had claimed that Beauchamp was operating under a gag order from the Army. All these inconsistencies and omissions do a grave disservice to TNR and its readers, and the longer that TNR puts up with this nonsense, the worse off TNR will be.

Return To Sender

It's good to see that the federal government finally did what needed to be done in deporting Elvira Arellano back to Mexico. She was in the US illegally, and had been claiming sanctuary in a church where she was organizing illegal alien protests. She was arrested upon her emerging from the church. Her deportation took place swiftly and she was sent to Tijuana.
An illegal immigrant who took refuge in a Chicago church for a year to avoid being separated from her U.S.-born son has been deported to Mexico, the church’s pastor said.

Elvira Arellano became an activist and a national symbol for illegal immigrant parents as she defied her deportation order and spoke out from her religious sanctuary. She held a news conference last week to announce that she would finally leave the church to try to lobby U.S. lawmakers for change.

She had just spoken at rally Los Angeles rally when she was arrested Sunday outside Our Lady Queen of Angels church and deported, said the Rev. Walter Coleman, pastor of Adalberto United Methodist Church in Chicago, where Arellano had been living.

“She has been deported. She is free and in Tijuana,” said Coleman, who said he spoke to her on the phone. “She is in good spirits. She is ready to continue the struggle against the separation of families from the other side of the border.”
It is a travesty that it took this long for Arellano to be deported. The immigration courts had signed off on her deportation in 1997. Don Surber says good riddance. Too bad it took so long for immigration officials to finally do what they were sworn to do - uphold the law.

There's good reason to question the timing of this high profile deportation. What's also important to note is that immigration system can work quite efficiently when it wants to and many illegal aliens have absolutely no intention of assimilating into US culture, but rather want to continue with their own cultures, without regard for US culture, norms, or law.

Meanwhile, the final thug implicated in the heinous Newark execution slaying of three college students was arrested without incident. The survivor of the incident has fingered Melvin Jovell as the shooter who murdered her three friends. New Jersey law enforcement is still trying to sort out the excuses and reasons for why Godinez or Carranza were allowed to roam on the streets, including the overburdened criminal justice system and corrections system, especially when both were illegal aliens.

There are some NJ legislators who want to end the wall between the criminal justice system, law enforcement, and federal immigration authorities - so that if an illegal alien is arrested on other crimes, that status will be passed along to immigration officials. That it would take a legislator to write to the State Attorney General directing that they do such a thing shows the blind eye to which the state had turned on this serious issue.

Indeed, there are continuing signs that the thugs who executed Terrance Aeriel, Dashon Harvey and Iofemi Hightower are members of MS-13, although Newark police continue to discount that aspect of the case:
According to the Star-Ledger of New Jersey, Newark police pieced the case together with the help of MySpace, the social networking Web site, where the 16-year-old suspect had a page. Information on his page revealed that he had left New Jersey and listed friends in Virginia.

Although the page has been removed, The Washington Post has a saved version of it, showing the young man in sunglasses and a bandanna making a gang sign. On the page, he claimed to be a member of Guanacos Little Cycos Salvatruchos, part of the Latino gang MS-13 with ties to Northern Virginia. He noted his occupation as "smoke Piff" and his income as "$250,000 and higher." The page showed that the "last login" was Aug. 5, the day after the killings.

A man who was at the Oxon Hill apartment at the time of Godinez's arrest said Godinez had talked about being a member of MS-13. Newark police and other authorities say, however, that they have found no gang link to the killings.
Perhaps the Newark police are withholding that information so as to develop further leads or saving information for trial, but I wonder why the police would discount the ties to MS-13. Are they turning a blind eye to the problem, even as it stares them in the face?

UPDATE:
Godinez is fighting his extradition from Maryland to New Jersey. Also, this report claims that Godinez is a legal resident.
The 24-year-old Nicaraguan national nabbed early Saturday in suburban Washington D.C. and charged in the Aug. 4 Newark schoolyard shootings is fighting extradition, officials said this morning.

Rodolfo Godinez is being held in Prince George's County, Md. Had he waived his extradition hearing, he could have been returned to New Jersey this week. Instead, he will remain in the Maryland jail until the Sept. 20 hearing.

Ramon Korionoff, a spokesman for Maryland State's Attorney Glenn Ivey, said the only argument Godinez, who is a legal resident, will be allowed to make during his extradition hearing is that he is not who the authorities say he is. If he can't make that case, Korionoff said, he will be returned to New Jersey.
Godinez was supposed to be deported in 1993 but no one ever bothered to follow up despite his numerous criminal justice entanglements, and no one apparently knew whether he was deported or not. Now, he's considered a legal resident? Can someone please clarify and straighten this out for me? When did he enter the country legally, and who determined this?

More on today's legal moves can be found at the WaPo.

UPDATE:
After days of saying that there weren't any links to gangs and discounting gang overtones with respect to the execution slayings, Mayor Booker has admitted that there are indeed gang overtones to the murders.
Newark Mayor Cory Booker acknowledged today there were "gang overtones" to the execution-style killings of three college students in a Newark school playground Aug. 4 but said police have no evidence to indicate the shootings were a gang attack.

"It is obvious that, as information continues to come forward, that we're seeing some gang overtones that are involved with this," Booker said at press conference a day after police arrested the sixth and final suspect. "Though we do not know with any specificity if this was a gang-related event whatsoever."

Police Director Garry McCarthy said the shootings have prompted his department to step up its intelligence on MS-13, a Hispanic gang with which some of the suspects identified.
It's better late than never, and Newark would be well served to get a crash course on dealing with these violent thugs. Dealing with them both via law enforcement and via immigration enforcement would be a good idea, though I doubt that Newark will change its sanctuary city status anytime soon, despite the links between violent crimes and illegal aliens in and around Newark and neighboring towns and cities.