Friday, September 24, 2010

Lindsay Lohan Will Bail Out of Jail According To Cal Penal Code

Lindsay Lohan Lawyer Shawn Chapman-Holley got Lindsay Lohan out of jail. Chapman-Holley filed a appeal to Judge Eldin Fox's court-ordered jailing of Lohan without bail, reportedly siting a provision of California law that gives defendants the right to bail in misdemeanor cases according to TMZ.com. But this blogger elected to research the issue using Law Justia Legal Research.

According to Section 853.6.(a) (4) governing citations for Misdemeanors:

(4) Nothing in this subdivision shall be construed to affect a
defendant's ability to be released on bail or on his or her own
recognizance, except as specified in Section 1270.1.

In other words, because Lohan's charged with a misdemeanor and not a felony, she's entitled to post bail as she does not pose a threat to public safety.

Earlier, Oakland Lawyer William DuBois has said that the judge was entitled to remand Lohan because she was already sentenced and violated probation. However Lohan's lawyer could appeal if she determined the judge stepped outside his legal authority. He did. California law prohibits locking someone up just because they violated probation without allowing them to post bail in misdemeanor cases.

According to TMZ.com, Judge Patricia Schnegg, Assistant Supervising Judge for the L.A. County Criminal Courts overturned Judge Eldin Fox's court-ordered jailing of Lohan without bail. Lohan will be out tonight and bail is set at $300,000.

Lohan's ordered to get a SCRAM bracelet and must avoid contact with anyone who is a drug user and must submit to a search by law enforcement at any time.

Lindsay Lohan Stuck In Jail Because Of Twitter, Says Oakland Lawyer

Lindsay Lohan is stuck in jail and may have ran out of chances. According to a well-known Oakland, California Defense Attorney, famed Actress Lindsay Lohan can't get out of jail. While the LA Times reported that Lohan "got around Los Angeles County jail system's early-release policy," that is not accurate.  The judge wasn't using a loophole, but acting within the scope of his common legal authority.

William H. DuBois, an Oakland Criminal Defense attorney who's handled a number of high-profile cases, most notably the Hans Reiser Murder Case, said Friday that LA County Court Judge Elden Fox can hold LiLo without bail because she's already been sentenced. "Once she's been sentenced and is on probation," Du Bois said, "the judge can remand her if she's found to have violated probation."

When this blogger informed Mr. DuBois that Lohan publicly announced she failed a drug test that was part of the terms of her probation, DuBois said "Well, that's it. The twit tweeted."

Du Bois explained that the only way Lohan's attorney could have got her out of jail was to find that the judge in some way abused his legal authority.

The only opening Lohan's attorney Shawn Chapman-Holley had was if Lohan had not used Twitter to essentially admit she violated probation. Then, absent an obvious, provable action other than the results of her tests, which were not publicly available, Chapman-Holley may have been able to mount an effective counter strategy and get Lohan out of jail.

But that legal door was closed when Lohan used Twitter, according to DuBois.

Lohan wrote a series of tweets that add up to one paragraph of thought, presented backward and segmented as is the structure of Twitter. Here are her tweets in the order they were posted in:





but also that I am a work in progress, just as anyone else. I am keeping my faith, and I am hopeful....Thank you all!!!
9:49 PM Sep 17th via web

I am so thankful for the support of my fans, loved ones and immediate family, who understand that i am trying hard,
9:48 PM Sep 17th via web

This was certainly a setback for me but I am taking responsibility for my actions and I'm prepared to face the consequences.
9:47 PM Sep 17th via web

forward every day. I am testing every single day and doing what I must do to prevent any mishaps in the future.
9:47 PM Sep 17th via web

Substance abuse is a disease, which unfortunately doesn't go away over night. I am working hard to overcome it and am taking positive steps
9:46 PM Sep 17th via web

Regrettably, I did in fact fail my most recent drug test and if I am asked, I am prepared to appear before judge Fox next week as a result.
9:45 PM Sep 17th via web


Beyond sticking her neck in her own legal noose on Twitter, US Weekly Magazine reports Lohan was drinking and laughing as she tweeted the messages above and she had held.

Lohan downed Jack and Coke drinks at Magnolia Restaurant in Hollywood, and was allegedly helped by an "assistant and male friend," who've got to be two of the dumbest people on the planet.  The mag reports they were coaching her on what words to use in her tweet, rather than talking her out of using Twitter at all.

This, Lohan's so called friends and associates, are why she's in jail as of this writing.  Sad.

When asked what Du Bois would have done if he were Lohan's lawyer, DuBois said "Keep her from violating probation!"

Students donate blood and time to save lives By Nikky Raney

Students donate blood and time to save lives
The participation of volunteers and donors during the fall 2010 blood drive made the event a success
By Nikky Raney
            The Husson University Blood Drive was sponsored by campus radio station WHSN 89.3 and the America Red Cross on Monday, September 13, 2010.
            Marlon Weaver, New England School of Communications senior, was appointed organizer of the event by WHSN's Mark Nason.
            As a member of the Maine Army National Guard, Weaver was more than willing to volunteer his time for the American Red Cross.
            "Bottom line is [donating blood] saves lives, and that is important to me," Weaver says.
            There were many students who volunteered their time during this event, but the student who stands out most to Weaver is Anna Levesque, Husson freshman.
            "She really helped get the ball rolling. She was a last minute volunteer, showed up early and organized multiple stations." Weaver continues, "Anna had such high energy, and she even came back after class to volunteer more."
            Levesque had previously volunteered for a blood drive during her senior year of high school, which made her eager to help out. She explains her duties as a volunteer:
            "As a volunteer I helped with the sign in process by reading the packets with the donors and determining eligibility. I escorted the donors off the table when they were done donating blood and I brought them to the canteen station. Volunteering makes me feel good."
            She was very happy by the turnout saying, "There were over 70 donors, mostly students, and it went really well. I wasn't able to donate since there wasn't enough time left, but I hope to next time."
            Decker Lenard, NESCom sophomore, was a first time blood donor who used this opportunity to find out his blood type.
            Lenard realized that donating blood was not as simple as just signing in, sitting down and having blood taken.
            "After signing up the doctors came and set me up in a tent. I was asked a lot of questions and after saying 'no' enough times I was placed on a table. My arm was disinfected and then I laid there as they took a pint of my blood. That took about seven minutes and immediately afterwards I was taken to the snack area where I ate Cheez-Its."
            In some cases the donating process does not go so smoothly, but in the event that someone feels as though he or she may pass out or become sick the volunteers and American Red Cross members are able to take care of the situation.
            Mike Dumont, Husson junior, donated last fall and recalls an instance where a volunteer had to ring the bell when a donor was about to pass out.
            “The volunteer just rang the bell for the donor and all of the sudden all of the people that are there with the Red Cross just rushed over to the donor.”
            Allegra Boyd, Husson sophomore, is a frequent donor who has experience with having to ring the bell.
            “I can tell when I am about to pass out - I tell the volunteer and then the volunteer dings the bell."
            Boyd has her own routine that she follows every time she donates.
            "Giving blood for me was pretty standard. Whenever I give blood quickly I get cold and have a headache. I usually donate really fast - most people take between six and 11 minutes, while I take about five. I keep my feet up while I donate and usually take a little extra time adjusting before walking over to the canteen." Boyd explains.
            Although giving blood may not be an easy process for her, Boyd feels good knowing her blood could save someone's life.
            "This time giving blood was easily the best reaction I've ever had. Even though I do sometimes react badly I don't intend to stop donating any time soon."
           

Jersey Shore: Season 2 Episode 9 Recap By Nikky Raney



As always the time has come for the weekly blog post recapping the most recent episode of MTV's Jersey Shore from watching the episode first hand.

Thursday, September 23's episode was one that had quite a few moments where the viewer was compelled to laugh out loud - not just those moments that are funny and are smirked at.

This episode starts off with Angelina bringing Ronnie and Sammi for Jose's birthday dinner. While at the restaurant the girls decide to go freshen up in the bathroom - Jose uses this opportunity to vent his frustrations to Ronnie.

Jose explains how although he and Angelina may not be classified as "boyfriend/girlfriend" she was hypocritical to tell him not to hook up with other girls and then hooked up with Vinny. Angelina gets some credit for admitting to Jose that she hooked up with Vinny, but the fact that she even hooked up with Vinny was an act of desperation.

For those who are confused: Last episode Angelina and Vinny constantly spoke of how much they hated each other - Vinny calling her the "Staten Island Dump," and Angelina saying how "ugly" Vinny is. Angelina refers to herself as "Kim Kardashan of Staten Island," and Vinny countered that by calling her "Rob Kardashian." Just hours after this degradation took place the two were making out in the cab with the other male roommates as witnesses. Then Angelina went into bed with Vinny and "smushed."

Anyway- after dinner the four are walking back to the house while Sammi and Ronnie trail behind. Ronnie tells Sammi what Jose had told him, and Sammi realizes that this shows Angelina should not be trusted.

Angelina - Image courtesy of MTV
Angelina and Jose go to the "Smush Room," and Jose expects to getting a special birthday present from Angelina. This part is particularly funny as the two lay in bed and Jose every few minutes goes, "I'm waiting." Angelina's response is by saying, "Hold on a minute." Jose did not get the birthday sex he was expecting, but once he leaves Angelina tells all the housemates that she did in fact smush Jose.

Angelina thinks that by lying to the roommates and saying she had sex with Jose when she didn't will cause them to leave her alone, but it does just the opposite. It is ironic and hilarious the way every single housemate goes on and on about how "slutty Angelina is for sleeping with Vinny one day and Jose the next," when in all reality Angelina did not do the deed with Jose.

Pauly D. has become infatuated with Rocio, and the two get closer and closer. He tells the cameras that he wants to take it slow so that he doesn't mess anything up with her.

J.WOWW calls the house while at work to remind Snooki of her nail appointment. Angelina answers the phone and says she will wake up Snooki, but when J.WOWW returns she sees that Angelina is on the telephone while Snooki is still asleep.

Pauly D. figures that by picking Snooki up and dropping her on the bean bag chair Snooki is effectively able to wake up. Snooki and J.WOWW go to get their nails done - J.WOWW wants to look her best for when her boyfriend Tom shows up.

Tom & J.WOWW- Image Courtesy of MTV
When Tom does show up J.WOWW talks about how happy she is, but that soon fades when Tom gets furious. Tom was looking through J.WOWW's phone book and found a phone number that he had specifically asked J.WOWW not to put into her phone book. He threatens to leave, but J.WOWW uses her powers of seduction (and picking his nose) to get him to stay.

Later on that night when the two are getting intimate the drunken Snooki starts to grab Tom & J.WOWW's feet under the covers. When she realizes what she has done she gets scared like a puppy and runs into Vinny's bed.

At the club that night The Situation meets a girl who he is determined to hook up with. To his dismay security kicks the two out of the bathroom saying there may only be one person in the bathroom at a time. He tries to bring her back to the house, but he is unable to find her. Luckily, the next day she leaves a note on their door with her number.

Angelina's friend Gina comes to visit bringing her clothes. Angelina calls up her mom to thank her for sending her jewelry and clothing, and ends up crying because she misses her family so much.

Later, Pauly D. and Vinny go to the beach - but they see from afar that Angelina and Gina are also at the beach. Each pair ignores the other and goes about enjoying the Miami sun.

While Pauly D. and some beach girls bury Vinny under the sand, Angelina and Gina scope out a boy to become their new friend and decide to take him back to the house.

The Situation - Image courtesy of MTV
Before Angelina returns to the house The Situation finds a used feminine pad on the bathroom floor which the roommates conclude belongs to Angelina. The Situation decides to take the pad and place it underneath Angelina's pillow.

When Angelina comes back to the house with Gina and the new beach boy, ironically named Mike, she finds the pad. She is grossed out and a bit humiliated that her new friend is seeing this, but she quickly throws it away.

Angelina is sitting in the living room with both her friends when The Situation walks in and starts to ridicule her in the most demeaning way right in front of her friends. Angelina has had enough and throws (what appears to be water) at his face - and then the episode ends.

The previews for next week episode include Snooki removing her earrings and going fist-to-fist with Angelina.

Chevron Ecuador Case: Legal Observers Say Steven Donziger's Actions Are Criminal

While it may seem enough for the makers of the movie Crude to be judicially forced to have to be deposed by Chevron lawyers (after findings of outtakes from that movie which are damaging to the plaintiff's lawsuit against the American Oil giant) the climate is dark for the plaintiffs after revelations from a just released, little seen set of transcripts of outtakes from Crude.  

The transcripts make lead Chevron Ecuador lawsuit plaintiffs' lawyer Steven Donziger look like a thug, as one legal observer implied.  If Donziger's not The Godfather, then he certainly looks like one of the Don's henchmen.  Moreover, it proves this blogger's claim that Donziger is out for billions for himself.



To cut to the chase, Law.com presents Michael Goldhaber's article which has Donziger accused of possible criminal wrongdoing by American law case observers and based on two transcripts of Donziger's conversations that were outtakes from the movie and are here and here.

Goldhaber's explosive article is based on Donziger's expressed desire to intimidate the Ecuadorian judge (at the time Judge Nunez, who eventually stepped down from the case in 2009 after being tapped talking about a bribe) by way of forming an army of paid Ecuadorians to storm the court and make the judge think he would be killed.

In fact, on page 3 of the transcript document, that you can see with a click here, Donziger is quoted as agreeing that the judge would be either killed, or being led to think he may be killed, "which is just as good," Donziger is recorded as saying.

At no point does Donziger express remorse for a course of action that could have such a tragic end for an Ecuador legal official. Moreover, he does not seem to care that his move is out of proper American legal procedure. Instead, Law.com reports that Donziger says...

"We have concluded that we need to do more, politically, to control the court, to pressure the court. We believe they make decisions based on who they fear the most, not based on what the laws should dictate. So, what we want to do is to take over the court with a massive protest that we haven't done since the first day of the trial, back in October of 2003. Remember all those people on the street? ... It's a huge effort, it costs money. Not that much actually, but, few thousand dollars, to get everyone in for a day. ... But it — it's — it's a critically important moment, because we want to send a message to the court that, 'don't fuck with us anymore — not now, and not — not later, and never."

In the transcript, Donziger is also quoted as saying that he wants to spent $100,000 to have an initial march of 500 people followed by 20 or 30 who comprise a permanent watch. Law.com has this quote where Donziger wants to "follow ... the expert, to protect the court, to prevent corruption. Prevent corruption. We need people. It's a force, a political force that the judges can see...paid by us, for their time to protect the process from corruption." Donziger goes on: "This is Ecuador. ... You can say whatever you want, and at the end of the day, there's a thousand people around the courthouse, you're going to get what you want. Sorry, but it's true."

And this statement sums up Donziger's approach:




"You can solve anything with politics as long as the judges are intelligent enough to understand the politicS. It can be-they don't have to be intelligent enough to understand the law, just as long as they understand the politics."

Donziger Has Close Relationship With Ecuador AG 


Also, Donziger and AmazonWatch have claimed that Ecuador itself has nothing to do with the case, and is not a party to it, but this next statement indicates Donziger's intent to establish a very close relationship with the Ecuadorian government and the subsequent finding shows that he worked for the Ecuador Attorney General (AG):




We have a very, very big week coming up. We have to meet with--we are going to try to meet with the president, the new president of Ecuador who just got elected, the new Minister of PetroEcuador, the state oil company. We are going to try to meet with the new Minister of Energy, all the key people and explain to them the case.


The transcript, on page 15, has Donziger telling a Mr. Kohn (of the Kohn, Swift, and Graff law firm of which Donziger is a partner) that he, Donziger, has done work for the Ecuador Attorney General's Office, because that office, according to Steven Donziger himself doesn't "even know how to put out a press release, much less write a report. You know? So, we did the work for him."

That part of the transcript is not mentioned in the Michael Goldhaber's article, but is equally important to reveal just how closely Donziger worked with the Ecuadorian government.   Ecuador is indeed a party to the lawsuit against Chevron.

Legal Ethics Observers Accuse Donziger Of Criminal Wrongdoing

In the Law.com article, Goldhaber turns to legal ethics scholars to give their view of the legal significance of the case transcripts. Stanford Law School Plaintiff's Lawyer Expert Nora Freeman Engstrom observes that it's not clear that Donziger engaging in "serious professional or criminal wrongdoing," then adds, "although it's possible."

The Dickinson School of Law at Penn State University's Catherine Rogers, who specializes in international arbitration and professional ethics, was much harder, saying "If it turns out to be true they paid people to intimidate the court and make the judge fear for his life in a way that was designed to affect his judicial ruling, that's nowhere close to the line of what is ethical. That's thuggery, an interference with the administration of justice, and a gross violation of the ethical rules of every jurisdiction I am familiar with."

These are very serious examples of the flaunting of American legal ethics laws, if Chevron does pursue their fraud complaint to its logical conclusion, could lead to the disbarment of Steven Donziger. According to Rogers and Law.com, Donziger violated the New York Lawyer's Code of Professional Responsibility, specifically Rule 3.5(a)(1), Rule 8.4, and 3.3(f)(4). Law.com reports..


Rule 3.5(a)(1), says a lawyer shall not seek "to influence a judge, official or employee of a tribunal by means prohibited by law." New York Rule 8.4 says it's misconduct to "engage in conduct that is prejudicial to the administration of justice." And Rule 3.3(f)(4) says a lawyer shall not "engage in conduct intended to disrupt the tribunal."


Steven Donziger is in trouble.

Stay tuned for more.

Jeff Zucker to leave NBC By Nikky Raney




Jeff Zucker, NBC Universal CEO, has said he will be leaving NBC once Comcast takes control of the company later on this year.

MSNBC reports that Zucker, 45,announced his departure in an e-mail he sent out Friday, September 24; where he wrote, "It has been a great run and I've been incredibly fortunate."

Photo from AP
Last December Comcast agreed to buy a 51 percent stake in NBC Universal from General Electric Co. Steve Burke, Comcast's chief operating officer, may take Zucker's place.

Zucker is not the only one who has recently announced that he is departing from his station. CNN fired Jon Klein, head of CNN's U.S. network, and Steve Wadsworth announced his resignation as head of Walt Disney Co.'s interactive media group.

The Associated Press writes more about the prominence Zucker had as apart and includes more of the e-mail where Zucker reminisces on his first day working at NBC in August 1986:

"When I step back and think about what we've been through, I feel nothing but pride and joy. It has been a great run and I've been incredibly fortunate."

Breaking Tier 5 news: S3706 will come to a vote next week




Rob Curtis of 99er media announced moments ago that the 99er NOVO movement, working closely with Mr. Ed Schultz of MSNBC, now have a commitment from Debbie Stabenow (D- MI) that the Americans Want to Work Act WILL be brought to the floor for debate and an attempted voice vote on the Senate floor next week.

More later as this story developes.

Hey Bishop Eddie Long You're Wrong: Local Critic Sounds Off

I’m not always one to come with the harsh language, but this sister here brought some serious heat to this Bishop Eddie Long situation where he is accused of coercing young men who at the time were minors in his church to have sex with him.
A series of pictures he supposedly sent out of himself have surfaced and have been making themselves around the net.
Long denies the allegations and was set to speak about the issue on the Tom Joyner morning show the other day but at the last minute pulled out and had a lawyer read his statement. He intends to address his congregation this Sunday at New Birth. For folks who aren’t familiar, new Birth was the church that hosted Coretta Scott’s funeral where actor/activist Harry Belafonte a long time friend and financial backer of the King family was un-invited at the last minute. Many speculated because of Belafonte’s critcisms of Bush who was in attendenace and has been friendly with the church.
She talks about the importance of us to be able to discern and warns us not to fall for some Jim Jones type character. She says ‘even with my channel shades on I can see the light.’..Not sure if she’s a member of his new Birth church or not but she definitely goes in..*Warning do not play this at work unless you have headphones. and if you’re easily offended by language don’t watch.. .
For a more indepth breakdown of this situation.. peep the Colorlines article..

AT&T and Tea Party Joining Black Leaders to End Net Neutrality? by Davey D






These are indeed strange times we live in where even when we’re repeatedly told we should not be surprised as to what goes down, especially in the world of politics-goes down. It was surprising to learn that AT&T is one of the biggest backers of the Tea Party and together they are working overtime to try to get rid of the Democratizing concept that has made the Internet so powerful called ‘Net Neutrality‘.
I guess one shouldn’t be shocked at the hypocrisy of the Tea Party which claims it takes issue with big corporation but then generously supports their agenda. I’m more upset with Apple which uses AT&T and upset that my hard-earned money which pays for this Iphone is going to uplift a political party that many of feel are racist and in opposition to many of our concerns.
As for Net Neutrality, for those who don’t know about this concept, it essentially says all data is to be treated equal. This means the little blog in the middle of Iowa can be accessed just as easily as the NY Times in NY. All websites are essentially one click away metaphorically speaking.
What telecoms have been doing to the tune of over 100 million dollars in lobbying money in 2009 alone with AT&T leading the way is try to change the basic structure of the internet and re-create the very conditions that drove us away from traditional media to the internet in the first place. Instead of everyone being ‘one click away’ they want to create a tiered system where websites and companies who pay top dollars are one click away while everyone else could be 2, 3, 4 or not even on the system at all.
This means if I am living in Oakland, California and wish to present additional information to the rest of the country about some important event like the tragic Oscar Grant shooting from 2009 I would no longer be on par with the mainstream outlets. My information could be slowed down or even blocked.
Hence, someone in NY might click on the Oakland Tribune site and get the information immediately, but it might take a couple of hours or maybe even a day or two to be visible to on my website DaveyD.com or the websites Indy media SF,Colorlines, Youth Radio or the SF Bayview. The sad part is that person in NY might not even know this additional information had been slowed down or suspended by AT&T, Comcast or some other ISP that may have a political agenda that they want to carry out that is in stark contrast with your content.
The person on the receiving end of the information will do as they’ve always done since the internet been around and click on a link expecting to move seamlessly from one site to the next. When one site is slowed down or not accessible they move onto another. So again what AT&T wants to do is make sure the NY Times loads up quickly while the small blogger comes up slowly.
When one considers how so many people have been able to come up, challenge traditional media with other facts and various narratives to a story, net neutrality has leveled the playing field. Unfortunately the big telecoms do not want this..and apprently neither do the Tea Party and several prominent gatekeeping civil rights orgs and politicians they have spent money on.

AT&T sponsored National Urban League Centennial Celebration. Was that part of their strategy to reach out to Civil Right orgs and get them to echo GOP talking points on Net Neutrality?
Initially the Net Neutrality debate was partisan with mostly conservative folks against it.AT&T decided that one of their strategies would be to use their money and influence to get key civil rights leaders to come on board. This may have included generous sponsorships they’ve given folks over the years with everyone from Jesse Jackson of Rainbow Push to Marc Morial of the National Urban League whose centennial celebration they recently sponsored. Their defection and non-commital responses to supporting net neutrality was even welcomed and celebrated by top conservative bloggers like Andrew Breibart the man behind the Shirley Sherrod controversy .
Jackson has noted both in his statement to the FCC and publicly that he and Rainbow Push give ‘voice to the voiceless’. How does one have a voice without Net Neutrality protections?
Even more troubling is seeing members of the Congressional Black Caucus standing alongside the AT&T/Tea Party. How does this happen in 2010 where CBC members were just a couple of months ago complaining about racism where they were called ‘Nigger’ and being spat upon by the Tea Party members, are walking now hand in hand? Oh yeah that happens when big time lobbying money enters the picture. I guess folks can afford to buy a clean handkerchiefs to wipe away the spit and ‘let bygones be bygones’ as far as the racial insults are concerned as they all stand under the money tree-lined umbrella of AT&T. Peep this article called ‘Hey, Capitol Hill: Who’s Your Daddy ? AT&T‘ to get a better understanding the pervasiveness of this telecom giant.

NAACP head Ben Jealous
AT&T and the telecoms even gotBen Jealous and the NAACP which relied heavily on the freedoms of the internet to launch a campaign to try to save Troy Davis from being executed to take a ‘neutral position on Net Neutrality. Remind me to let Ben know they spelled the word ‘endorse’ wrong in their clarification statement.
In recent days an online petition was put together by Color of Changepushing CBC members to step up and get on the right side of this issue.That would be away from the position of the huge telecoms.
It’s our hope that all of us stop and take a long hard look at what’s going on with Net Neutrality and not allow this important issue to get away from us the way it did when it came to media consolidation. If you recall, back in the days leading up to that landmark telecommunications bill of ’96 we heard similar arguments from the big media corps on how giving them all this power would be a good thing for consumers. We also saw there were handfuls of Black and Brown folks who tried to jump in bed with the Clear Channels of the world. They were told they would have better opportunities. Have things gotten better since the Consolidation? Turn on your local radio station and the answer is more than obvious-’Hell Naw’.
The ‘Clear Channeling of media has been horrific. Again, its the main reason so many of us fled to the Internet. We wanted something better. We wanted our individual voices to be heard. If we allow the telecoms to gut Net Neutrality with the help of the Tea Party and a handful of civil rights leaders leading the charge we will be talking about what a big mistake this was 15 years from now. Don’t let history repeat itself.
written by Davey D

Oakland Mayor's Race: LWV Forum Draws Oakland's Older Folks

Oakland Mayor's Race Forum first take. (Which means, there's going to be more of these posts on last night, because a lot was happening.)

This just in: The Oakland Tribune's out of touch with Oakland. A number of attendees of the 450 estimated said they learned of the Oakland League Of Women Voters via "the newspaper." All of the people who made that statement were over 50 years old.

Still, the forum, which attracted every candidate except Dr. Terrance Candell, was a success. The auditorium at 300 Lakeside Drive seats 380 people, so if you do the math, it was about 70 over capacity.

The crowd was a happy mix of supporters of candidates and long-time observers of the Oakland political scene. The one complaint they had was there wasn't enough time to hear what the candidates were about.

That wasn't because there were too many candidates, but due to the format. Either Oakland Tribune Editor Martin Reynolds or the League of Women Voters, or both, decided to throw every question known to Oakland-kind, from the good (Will you spend public money on an A's stadium?) to the bad (Will you commit to a smaller forum with candidates who have a "real chance"? Or words to that effect). Too many questions and not a conversational format.

Still, errors aside, the forum proves there's a keen interest in the race for the next Mayor of Oakland.

Three Events Come To One Event

As reported there were at first three events, but the one for the Calvin Simmons Theater was scrubbed when the Oakland League Of Women Voters and The Oakland Chamber of Commerce saw the light and opened the forum to all of the candidates. Then there was Dr. Candell.

My original intent was to visit his one-candidate show, but the action at the Kaiser was too good to leave. Moreover, Terrance didn't tell this blogger about his event via phone or email.

As an aside, my job as I've crafted it, is to cover the campaign and not support a candidate. I make an exception only in the case of Libby Schaaf, who I view more as family than candidate.

Other than that, this blogger calls it plain and true. No B.S. Dr. Candell is a compelling candidate and individual, but as I've explained to him he has to sell his message to all of Oakland, not just those who he's comfortable with.

Who Won The LWV Forum?

Who Won The LWV Forum? Working backward and focusing on impressions, Marcie Hodge was a disappointment because she was far less confident and self-assured than at the Oakland Jobs Forum. Hodge paused, stuttered, and in general seemed nervous.  This blogger was surprised.

Arnie Fields has to work more on specifics that concern Oakland policy.  Well-spoken and confident, Fields is, but comfortable with the technics of policy discussion he does not appear to be.  "I'm going to have a bake sale" to raise money for Oakland doesn't work with the electorate.  When Fields started his sentence with that, I expected a great follow-up but he stuck to the idea!  A bake sale?

Dude, you've got to be kidding!

Oakland Councilmember Jean Quan had that "I have to be here with these people" look on her face again, and this blogger really wishes she would stop doing that.  Jean has to erase that "What are you bitches waiting for, elect me!" attitude she carries around from time to time.

A frank aside.

Councilmember Jean Quan could have won the Oakland Mayor's Race if she were less imperious and more gracious. She's an Oakland female Asian politician who's timing is perfect, but execution is horrible.

Quan's high-handed approach is alienating, and it's borne of an insecurity Jean does not need to possess - and I know this because I have the same problem, so I can see it in others.

When Councilmember Quan is open, she's a wonderful, loving person who one wants to get behind and help. But when she goes into "Queen Iron Lady" mode, it's off-putting and not in the best sprit of The Soul Of Oakland.

My mother would say to Jean Quan what she said to me, and since I don't heed it all the time, I know what I'm talking about: read Dale Carnegie's How To Win Friends and Influence People.

Or, to put it another way, make people know you like them. Sometimes Jean doesn't seem as if she does. That's not true, or course, but it's an impression she gives off from time to time and many people have stated that.

Jean's very intelligent, and doesn't suffer fools gladly.  But what I've learned is that the problem in a complex society is the smartest person one encounters may not look the part, so the one who thinks they're smarter than everyone else, is often proven wrong.  One has to open up to everyone and embrace them, especially in politics.

Again, Jean's other side, if it were presented 24 and 7, would seal the deal. With that, it may be too late for her to change so dramatically.  Jean could take lessons from Councilmember Rebecca Kaplan, who is that warm, loving person.

But Rebecca's image, and some will take this the wrong way but it must be said in a true evaluation - the gender-bending affect - at times places her on the fringe of some voters views, and that's why Jean moves ahead but only by just a beat.

Rebecca's crowd, much younger, wasn't there in force last night.  Much more used to such an image as Rebecca's, and therefore able to see beyond it, Oakland's younger crowd could push her into City Hall.  What's great about Kaplan is her boundless sprit.

Boundless sprit also describes Larry Lionel Young, who really has a bright future in politics. If he becomes more comfortable with the discussion of Oakland policy technics, he will do well. A keen expression of understanding of policy and politics, combined with the presentation of sound judgement can at times overcome lack of political experience. That's why Joe Tuman has done so well.

Working our way along, let's move to the top and state that it was a tie between Joe Tuman and Don Perata. Green Party candidate Don Macleay and Councilmember Kaplan tied for third. Greg Harland was fourth, then Quan, Young, Fields and Hodge.

Don Macleay says he's not a politician.  But he has to make a clear case for what he stands for other than being a nice guy.   Don needs a message.  A hook that resonates.  He did much better this time than at the Jobs Forum.

Terrance Candell should have been there.  He could have sat next to Don Perata.

Senator Perata I'm certain would have liked more time. But one action which would have helped him would have been to stand up and talk. For some reason, Don on the stump presents better than Don sitting down. Of course it's all image, but as much as you may want to, you can't discount it. Don did nothing to hurt his chances to win.

Perata clearly wants to be Mayor of Oakland, and expresses that singular desire in speech and affect far more than all of the other candidates except Tuman and Kaplan. Joe Tuman's clearly taking votes away from Perata, however. They appeal to the same groups, but which candidate can get Oakland's younger voters is key.  If they don't do that, Kaplan could run away with the prize.

A New Diversity Of A Sort

The placement of three of the four white guys running - Perata, Tuman, and Harland - in a row was interesting because let's face it: Oakland's not seen that since the 1960s. It's also a sign of how Oakland has changed. In the past, Oakland had a lot of well-qualified black candidates running for office; not so today.

The reason for the change goes back to something now-former Oakland Mayor Elihu Harris told me when I worked for him between 1995 and 1999. The reason there have been so many blacks in politics is that discrimination closed out other opportunities in the private sector in the past and up to around 1990. Now, with so many blacks in high-level private sector positions and running companies like American Express, it translates into fewer candidates for the Oakland Mayor's Race.

Part of me thinks that's a bad thing; part a good thing. I have a complex set of reasons for that sentence. More on that later.

Lindsay Lohan in Custody and Denied Bail by Tina








Lindsay Lohan is in custody and was denied bail! Sources said they didn't think Lindsay would be in jail for more than an hour, which is all processing time, but they were wrong! the judge did not set any bail when he ordered Lindsay in custody. That means she might be sitting there for 30 days!

Judge Fox did not hear any argument from the lawyers before making his ruling.

Lindsay was handcuffed in court before being taken into custody.

It's shocking because the underlying offense is a misdemeanor, and people connected with the case were telling us the judge had to offer Lindsay bail.

As for Lindsay's reaction ... she was shocked when the judge remanded her into custody. Lindsay looked at her lawyer, Shawn Chapman Holly, before being taken out of the courtroom.


Cameras were still waiting outside the courthouse for Lindsay to exit, however she might not be exiting! I wonder what kind of insanity while ensue as Dina denies Lindsay has a problem, Michael yells from the steps and Lindsay - who knows what Lindsay is doing!

Do you think Lindsay will stay in jail for the next 30 days or so until there is a hearing? WIll it teach her a lesson? If nothing else, this should tell Paris Hilton how lucky she was to not be made an example of and that her butt is not sitting in jail somewhere because of the drug charges.

CNN's Susan Roesgen Taking On Tea Party Was Good Television

If you're wondering what ever happened to CNN Reporter Susan Roesgen, who's was famous for this April 2009 verbal joust with the nutty members of the Chicago Tea Party group, she was indeed "not renewed" and her CNN website page taken down.

That's too bad, because in retrospect, considering CNN's ratings drop, actions like brawling with Tea Party people rather than supporting them was good television.   With reporters like Susan Roesgen on the scene, it would have been worth tuning in to CNN.

This blogger can see what Susan Roesgen was trying to do: expose the Tea Party people as not having any other real agenda than being angry America has a black President. None of the statements by Tea Party People in the video below make any sense:



The Couch Potato Conservatives went nuts over Susan Roesgen's combative approach, calling her biased, unprofessional, and, oh, a "leftist cunt" in the case of a blog called "Big Dick's Place.

But Susan did America a favor by showing just how biased and stupid many of the Tea Party members can be. Whatever happened to her? She's gone into hiding it seems.

Too bad.  Bring Susan back to CNN, or at least television.