Issues of concern to people who live in the west: property rights, water rights, endangered species, livestock grazing, energy production, wilderness and western agriculture. Plus a few items on western history, western literature and the sport of rodeo... Frank DuBois served as the NM Secretary of Agriculture from 1988 to 2003. DuBois is a former legislative assistant to a U.S. Senator, a Deputy Assistant Secretary of Interior, and is the founder of the DuBois Rodeo Scholarship.
Friday, October 17, 2008
Renzi: FBI taped discussions on leadership races Lawyers representing Rep. Rick Renzi (R-Ariz.) claim that the government “recorded dozens of sensitive conversations concerning House leadership races” after the 2006 elections, according to new legal filings. Renzi’s legal team, fighting 35 criminal counts brought by the Department of Justice (DoJ), contends that the federal government recorded portions of a conference call involving the entire House Republican Conference -- days after the mid-term elections when Democrats won control of Congress. In one of many legal motions filed on Wednesday, Renzi’s lawyers stated, “The Justice Department recorded calls in which Congressman Renzi engaged in sensitive discussions concerning the leadership and direction of the House Republican Party with other members of Congress, including candidates for the leadership.” The lawmaker’s attorneys are calling on the U.S. District Court for the District of Arizona to dismiss all the counts against the lawmaker for a variety of reasons, “including the government’s repeated, deliberate, and continuing violations of [the] Congressman’s attorney-client privilege.” The motions argue that the government recorded more than 50 privileged phone calls between Renzi and his attorney....

J. Edgar Hoover lives! Even in its final weeks, the Bush administration continues its war on our civil liberties. On Dec. 1, Bush ultra-loyalist Attorney General Michael Mukasey will put into effect his new expanded "Guidelines for Domestic FBI Operations." To search for any possibilities of terrorist activities, the FBI can now conduct "threat assessments" – in plain language, investigations – on individuals and organizations without any specific evidence of wrongdoing. No judicial warrants are required as Mukasey and FBI chief Robert Mueller suspend the Fourth Amendment's "right of the people to be secure in their persons, houses, papers and effects" – outside their homes as well, and in their use of phones, Internet, et al. Moreover, in the course of searching for patterns of suspicious terrorist links, FBI agents, free from Bill of Rights constraints, can – as in the glory days of J. Edgar Hoover – covertly infiltrate lawful groups, deploy informants and "assess" such potential indentifiers in suspects as race, ethnicity and religion. Ah, but FBI agents, say Mukasey and Mueller, must be careful to "avoid unnecessary intrusions into the lives of law-abiding people." Think about that problem for them. As Anthony D'Amato, professor of Law at Northwestern University, reasonably asks – on the University of Pittsburgh School of Law's website, "Jurist" – "how can the FBI know that anyone is a law-abiding person without making an investigative intrusion into his or her private affairs?" Since there is no judicial supervision, and no requirement that FBI agents begin their "assessments" with any specific evidence of wrongdoing, D'Amato asks, "Do the Guidelines provide any limitations to the powers of the FBI?"....
The REAL Violation of Privacy In 2005 the REAL ID Act was passed by Congress as a rider in the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief. This new law imposed new security, authentication, and issuance procedures for all state issued IDs such as driver’s licenses in order for an ID to be accepted for official purposes. Every state is required to comply with this act, permitting only extensions on the timelines for which the program must be fully implemented. American taxpayers and their states such as South Carolina and its governor, Mark Sanford, oppose this legislation for various purposes and particularly, for privacy and freedom. With this act, all of a person’s information is put into one central depository by the state in order to be accessed by not only the federal government but other states as well. In comparison, currently various government documents and information such as social security numbers, passports, state IDs, etc. are in different databases. This is beneficial for Americans because if by some chance one of those is hacked into, not all of their information is given directly to the offender. Under the REAL ID Act, however, one foul step and someone can have complete access to all of your information. For example, “North Carolinians Against REAL ID” reported that the Department of Homeland Security has had its databases compromised almost 850 times within the past 2 years alone. The threat is not limited to hackers and other stereotypical wrongdoers. It should also include the government itself. With unlimited access to every American’s information, the government can ultimately know everything about you at all times. You no longer have a right to privacy. Rather, the government will have a right to your privacy. Once the government begins to have access to this information there truly is no way to stop it. Jim Harper from the Cato Institute stated well, “Massed personal information will be an irresistible attraction to the Department of Homeland Security and many other governmental entities, who will dip into data about us for an endless variety of purposes.”....
US Justice Dept builds microwave heat-ray 'rifle' Reports are emerging that the US Justice Department is working on a hand-held version of existing microwave cannons intended for riot or crowd control. The portable raygun could also have applications as a scanner or detector system, apart from being a weapon; and a working prototype has already been built. Raytheon, the American weaponry globocorp which makes the Silent Guardian crowd-griller cannon, has been showing off its microwave weaponry plans to reporters at the AUSA expo in Washington this week. According to separate articles at Military.com and Aviation Week, there are many new plans for the technology. It appears that both the US Marines and Army want truck-mounted units of varying size, allowing them to play wide-angle heat beams over recalcitrant crowds and so perhaps disperse them without having to resort to mass truncheonings or even more aggressive means. More interestingly/upsettingly still, both reports indicate that the National Institute of Justice is looking into a "rifle-sized", shorter ranged heat-ray weapon for use by US cops or feds. The NIJ is the R&D arm of the US Justice Department. Looking at the NIJ website, it appears that in fact a "small working prototype ... that law enforcement and correction officers can carry" has already been built....

Gun control a gray area between McCain, Obama John McCain supports background checks for buyers at gun shows and has his name on a law restricting special-interest group advertising, two positions strongly opposed by the National Rifle Association. So how'd he end up with the group's presidential endorsement? By running against Barack Obama, whom NRA leaders accuse of wanting to put the firearms industry out of business. "Hillary was right: You can't trust Obama with your guns," the association's Political Victory Fund said in a recent mailing. The endorsement reflects the complicated role that gun control is playing in the 2008 campaign. For voters who care about the issue, the most unambiguous record belongs not to McCain, but his running mate. Alaska Gov. Sarah Palin is not only a gun owner and an NRA member, but a proud hunter who is unapologetic about supporting aerial wolf hunting. From there, things get kind of gray....

Activists rally ’round open-carry heroine Gun-rights activists who traveled to Lebanon from as far away as Pittsburgh in support of Second-Amendment poster girl Meleanie Hain said it was worth the trip. A group of two dozen supporters applauded and cheered when Lebanon County President Judge Robert J. Eby announced his decision yesterday to restore Meleanie Hain’s concealed-weapons permit during a hearing at the Lebanon municipal building. “I wasn’t surprised,” 37-year-old Greg Rotz of Chambersburg said of Eby’s ruling. Rotz organized the gathering of advocates who support the open carrying of handguns as a peaceful show of support for Hain. Rotz faced similar charges after he wore a sidearm to his voting precinct on Election Day last November, later receiving a letter from the Franklin County sheriff demanding that he turn over his handgun. He appealed the decision and was vindicated in January when a judge threw out the case. Yesterday in support of Hain, there were no signs or loud protests outside the courthouse. Instead, supporters merely carried their guns openly as the law permits. Dozens of people wore pins that read “I support Meleanie Hain. Enforce the law, not personal opinion.” County Sheriff Mike DeLeo revoked Hain’s concealed-weapons permit after parents complained about her openly wearing her gun to her 5-year-old daughter’s soccer game last month. Hain appealed, prompting yesterday’s hearing....
FBI: Justifiable homicides at highest in more than a decade The number of justifiable homicides committed by police and private citizens has been rising in the past two years to their highest levels in more than a decade, reflecting a shoot-first philosophy in dealing with crime, say law enforcement analysts. The 391 killings by police that were ruled justifiable in 2007 were the most since 1994, FBI statistics show. The 254 killings by private individuals found to be self-defense were the most since 1997. The FBI says a homicide committed by a private citizen is justified when a person is slain during the commission of a felony, such as a burglary or robbery. Police are justified, the FBI says, when felons are killed while the officer is acting in the line of duty. Rulings on these deaths are usually made by the local police agencies involved. Some law enforcement analysts say the numbers represent changing attitudes on the streets, where police have felt more threatened by well-armed offenders, and citizens have taken greater responsibility for their own safety....

Mexican soldiers crossed clear line The nation's border czar has concluded that Mexican soldiers who held a U.S. Border Patrol agent at gunpoint in August did so after bypassing a barbed-wire fence and other clearly visible barriers to cross into the United States, contradicting claims by the State Department and the Mexican government that the soldiers were simply lost. U.S. Customs and Border Protection (CBP) Commissioner W. Ralph Basham, in a private letter to the National Border Patrol Council Local 2544 in Tucson, Ariz., described the Aug. 3 border incident as a "potential lethal encounter involving four Mexican armed military soldiers north of the international boundary." "There is a barbed-wire fence and new tactical infrastructure within sight that marks the borderline where the incident took place," Mr. Basham said. "Our uniformed agent, in a marked Border Patrol vehicle, identified himself in both English and Spanish." He also described the tactics used against the agent, including the pointing of automatic rifles at him, as "unacceptable," adding that the incident had been "thoroughly documented by the Department of Homeland Security." He said the matter has since been sent to the State Department "with a request for diplomatic action." At the time of the incident, the State Department described the incursion as a misunderstanding, saying the Mexican soldiers did not know where they were and needed to make certain that the detained agent was who he said he was. It was the same general statement the department had made in dozens of other suspected incursions by members of the Mexican military....

Border Patrol's expanded operation irking farmers Expanded U.S. Border Patrol operations in Washington state have created friction between the agency and a farmers organization, underlining the debate over immigration and the labor needs of the state's multibillion-dollar agricultural industry. The Washington Farm Bureau, which represents thousands of farmers across the state, has spoken out against the roadblocks being operated by the agency in several counties in the state _ including some near agricultural areas. "We're very unhappy with the feds," said Dan Fazio, director of employer services for the Washington Farm Bureau. "We believe these roadblocks violate the constitution, be it the federal or the state's." From apples to raspberries, Washington's agricultural industry is labor intensive, depending on tens of thousands of farm workers a year. The Border Patrol incursions inland touch a contentious issue. Many farm workers in the U.S. are believed to be illegal immigrants, often using fake identification documents to gain employment. Farmers say they already have trouble finding enough workers and Border Patrol operations may scare off even more....
Thursday, October 16, 2008

Stevens says he never tried to hide gifts Alaska Sen. Ted Stevens denied scheming to hide $250,000 in home improvements and other gifts from a corrupt businessman, taking the stand Thursday in his own defense at a corruption trial blocks from the U.S. Capitol. When asked by his lawyer Brendan Sullivan whether he thought his disclosure forms were accurate when he signed them, the Alaska political patriarch replied, "Yes, sir." Stevens, wearing an American flag pin on the lapel of his dark-colored suit, then responded with a soft "No, sir" when Sullivan asked whether he had engaged in any scheme with anyone to hide any gifts. Stevens, 84, was the final witness in his defense against charges that he lied on Senate financial disclosure forms to conceal improvements to his modest chalet and other gifts from Bill Allen, a longtime friend and former chief of the oil services company VECO Corp. Before taking the stand, Stevens — a plain-talking, gruff man whose trademark "Incredible Hulk" tie symbolizes his temper and reputation in the Senate — was told by U.S. District Judge Emmet Sullivan that he didn't have to testify. "It's a privilege and a duty," Stevens replied while being sworn in....
Sen. Stevens' wife testifies on his behalf The wife of U.S. Sen. Ted Stevens testified in his defense at his corruption trial on Thursday and said she had been in charge of their Alaska home renovations because the Republican lawmaker was too busy. Stevens is accused of lying on his financial disclosure forms to conceal more than $250,000 in renovations on the couple's home and other gifts from Alaska oil services firm VECO Corp and its former chief executive, Bill Allen. Catherine Stevens told jurors that she sent a number of checks to the general contractor and others for various aspects of the remodeling of the couple's cabin in the ski-resort town of Girdwood, near Anchorage. Mrs. Stevens said she believed the couple had been billed for and had paid for all of the work on the chalet. She said she thought that work done by two VECO employees had been covered by bills sent by the general contractor....

Candidates talk energy in the final debate, but don't stray from their usual talking points The third presidential debate yielded nothing new from Barack Obama or John McCain on climate or energy policy, but both candidates pointed to an environmental issue to demonstrate their independence from their respective parties. When McCain challenged Obama to name a major issue on which he's differed with Democratic leaders, Obama mentioned "clean coal," among other things: "I support clean coal technology. Doesn't make me popular with environmentalists." McCain, in trying to distinguish himself from President Bush, said, "I have disagreed with leaders of my own party," and took credit for "bringing climate change to the floor of the Senate for the first time." At one point, moderator Bob Schieffer of CBS said, "Let's talk about energy and climate control," but he then dropped the climate component and asked, "Would each of you give us a number, a specific number of how much you believe we can reduce our foreign oil imports during your first term?"....
McCain and Obama's environmental policy differences a matter of degree In an August poll of 400 people commissioned for The Salt Lake Tribune and other Western newspapers, just 2 percent of Utah respondents said the environment was the single most important issue facing the country today. And even on issues of particular importance in the West, environment came in fifth, at 8 percent. More important were drilling on public lands (34 percent), immigration (18 percent), water issues (11 percent), and growth and sprawl (9 percent). McCain led the push in the late '80s to rethink the way the Glen Canyon Dam is operated to protect the Grand Canyon National Park downstream. He introduced, with Connecticut Democrat Joe Lieberman, the U.S. Senate's first climate-change legislation in 2003, and watched it get voted down twice. The GOP nominee also has continued to oppose drilling in the Arctic National Wildlife Refuge in Alaska. That McCain has let his environmental record and proposals slip into the background might simply be an effort to shore up credentials within the party that has the power to help get him elected president, Patterson said. "It's a reflection," the political scientist said, "of the intricate dance Senator McCain has been doing all along."....So we have to wait until after the elections to find out what kind of a dancing partner McCain will be? What is this "intricate dance"? Is it a two-step, a waltz, or will he boogie all over the West to please the eastern establishment? On the other hand, when it comes to environmental issues, I ain't even in the same dance hall with Obama.
Idaho senators support Snake bill Both senators from Idaho will support a package of public lands bills that includes protection for the Snake River system and the Wyoming Range. Previously Republican Sens. Mike Crapo and Larry Craig of Idaho had said they did not support the bill because they feared it would affect rights to Snake River water held by farmers in their state. Craig had gone so far as to threaten to put a hold on the bill, essentially blocking its passage, if his worries were not assuaged. The Omnibus Public Land Management Act – S. 3213 – is a bipartisan collection of bills that have passed through the Senate Energy and Natural Resources Committee during this Congress. It includes the Craig Thomas Snake Headwaters Legacy Act, which would protect 387 miles of rivers and streams in the Snake River drainage under the Wild and Scenic Rivers Act. It also includes the Wyoming Range Legacy Act, which would prohibit further energy leasing in the Wyoming Range south of Jackson Hole and would allow conservation groups to buy and retire existing energy leases. Both measures were championed by the late Sen. Craig Thomas and are now sponsored by his successor Sen. John Barrasso. Sen. Craig “worked with Sens. Barrasso and Crapo for several months this summer to solve a major issue related to Idaho water rights and water delivery,” said Craig’s spokeswoman Susan Irby in an e-mail response to questions. “All parties have agreed upon language that protects Idaho’s water without undermining the objectives of Sen. Barrasso’s Wild and Scenic bill.”....

Mineral rights questioned on badlands ranch site A Montana man who says he owns mineral rights on part of a North Dakota badlands ranch near where Theodore Roosevelt raised cattle wants to test the site for gravel and possibly an open pit mine. Roger Lothspeich of Miles City, Mont., says that if the U.S. Forest Service wants the area to remain pristine it should "get some more cash." He says gravel deposits are all over the ranch and estimates the gravel is worth millions of dollars. Forest Service district supervisor Ron Jablonski says the agency will determine who owns the gravel and other mineral rights. The Forest Service bought the 5,200-acre former Blacktail Creek Ranch from brothers Kenneth, Allan and Dennis Eberts and their families last year for $5.3 million, with $4.8 million from the federal government and $500,000 from conservation groups....They paid $5.3 million without determining who owned the mineral rights? UPDATE New mineral owner wants gravel from Eberts ranch The U.S. Forest Service did not buy gravel and other mineral rights like uranium when it spent $5.5 million to purchase the Eberts ranch in Billings County, and now new mineral owners want to test for gravel and possibly open a mine pit. Roger Lothspeich of Miles City, Mont., said he'll take his gravel, or he'll take his share of money - he estimates the gravel alone is worth more than $2 million in today's market....
BLM delays any new wells on plateau Newly leased oil and gas drilling parcels on the Roan Plateau will remain undisturbed by drilling until June while a federal lawsuit challenging the Bureau of Land Management's lease of the land makes its way through the court system. Environmental groups, including the Colorado Environmental Coalition, sued the BLM and asked a federal judge Wednesday to issue a preliminary injunction barring the leases. She declined to grant the injunction, but BLM officials pledged to keep the land undisturbed until the lawsuit is concluded....
Former BLM chief slams long-term plan The former head of the Bureau of Land Management accused the director of Utah's BLM office Tuesday of bowing to the "raw political power" of the Bush administration in preparing long-term plans for 11 million acres of red-rock desert in the state. Jim Baca, who served as the national BLM boss during President Clinton's first term, warned that the agency's six resource-management plans expected to become final next month would lead to pillaging public lands in Utah. The plans, Baca said, are "really, really disastrous. I think there is malfeasance involved in putting these things forward. . . . What's happened here is just raw political power that wasn't in the public interest." During a teleconference, Baca - New Mexico's natural-resource trustee and a Southern Utah Wilderness Alliance board member - sharply criticized BLM state Director Selma Sierra. Baca and representatives of The Wilderness Society, SUWA, the Colorado Plateau Archaeological Alliance and a spokeswoman for Rep. Maurice Hinchey, D-N.Y., organized the news conference to call attention to the Bush administration's lame-duck push to finalize land plans that would open 80 percent of the 11 million acres to oil and gas drilling....

People-Panther Guidelines Issued as Florida Panther Population Grows There are now between 80 and 100 panthers in Florida, a four-fold increase over the past 25 years, federal wildlife officials said today, announcing new guidelines for human-panther interaction. One of the rarest large mammals in the United States, the Florida panther, Puma concolor coryi, is listed as endangered under both the federal Endangered Species Act and Florida law. Once panthers lived from eastern Texas or western Louisiana and the lower Mississippi River Valley, east through the southeastern United States including all of Florida. Twenty-five years ago numbers fell as low as 30 animals, but recovery actions, particularly genetic augmentation initiated in 1995, enabled the population to grow to an estimated 80-100 panthers. During this same period, the Florida human population has grown 260 percent, from about five million to nearly 18 million people. Because of increases in numbers of people and panthers, urban-suburban areas now interface with panther habitat....

Nesting eagles add twist to battle with Wal-Mart What has been a fierce battle between Wal-Mart officials planning to build a new supercenter and Tarpon Springs residents bent on preserving land on the Anclote River just got more complicated. Nature has thrown a punch of its own. A bald eagle pair has built a sturdy and federally protected nest on the property. For the birds, it's an ideal site: a live pine tree with branches that twist under the nest to support it, a river with clear water to fish and not much disturbance nearby. But it's less than 200 feet from the walls of a planned nearly 5-acre Wal-Mart supercenter. Although bald eagles are no longer on the list of threatened and endangered species, they are still protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act. The laws prohibit killing, selling or otherwise harming eagles, their nests or eggs....
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