With the permission of Day by Day:
Which requires no further comment.
With the permission of Day by Day:
Which requires no further comment.
Here’s a short list:
And Obama is the leader.
Joseph Muto was an employee working on a Fox News opinion program when he was caught stealing material from the show and using it for personal gain. What he and his lawyer said about the matter is instructive.
Muto:
I wouldn’t have done it had I known I’d end up in this courtroom. To answer your question of “was it worth it?” I wouldn’t have done it.
Notice that: there was no recognition, finally, that what he’d done was wrong; there was only regret that he’d gotten caught. Still it does indicate the deterrence potential of punishment: a criminal wannabe who actually thinks through his crime before he does it has a chance of being persuaded not to. Perhaps unfortunately, it also illustrates the uselessness of attempting rehab in our criminal system. There has to be a recognition of wrong-doing before rehab from that can occur.
Florian Miedel, Muto’s lawyer, was quoted as saying that Muto should not have been treated like a criminal, despite admitting he’d stolen material from his employer. This, of course, is cynical nonsense. Why shouldn’t he have been treated like a criminal? He was a criminal: he admitted to “attempted unlawful duplication of computer related material and attempted criminal possession of computer-related material.”
Miedel’s own words:
Making him accept a criminal conviction is unfortunate for conduct that is fairly commonplace in the industry.
Nonsense. Miedel just acknowledged that theft is commonplace. His logic plainly is that since crime is “fairly commonplace,” it should be excused. This is morally bankrupt.
Last month US Federal Judge Edward Korman ruled that the Food and Drug Administration must permit the morning after pill—the so-called Plan B pill—to be sold over the counter, to be stocked on store shelves rather than held behind the pharmacist’s counter, and to be saleable to “women” of all ages—i.e., including to children. And saleable to these children without any parental involvement, which is the outcome of eliminating the FDA’s by-prescription and age-limited sales. That’s bad enough.
Now, though, in response to the government’s decision to appeal this ruling and to ask that Korman stay his order pending that appeal, Korman is cynically decrying as politics the government’s objection to his interference in family matters—while demonstrating the involvement of his own politics in this matter.
Korman told an assistant US attorney that the FDA ruling [partially implementing Korman’s ruling] was a cynical attempt to “sugarcoat this appeal of yours.”
I don’t often agree with this administration, but on this matter, I do. Korman went on, accusing Justice’s lawyer of “intellectual dishonesty” and calling further delays “a charade.” Because the lawyer disagreed with Korman’s ruling and its efficacy.
He wasn’t finished.
When the government lawyer argued that delaying Korman’s order while it was on appeal was in the public interest, the judge responded, “Is there a public interest in unwanted pregnancies…that can often result in abortions?”
And
The judge…expressed outrage at another provision under the new FDA rules that would require government-issued photo identification to get the pills, placing an “impossible burden” on disadvantaged people without IDs.
And
“The poor, the young and African-Americans are going to be put in the position of not having access to this drug,” [Korman] said.
Minors are, by definition, incapable of making their own decisions without adult guidance. Thus, I have some questions for Korman:
Korman’s objection concerning access plainly is not true. Parental involvement gives them the access those parents—not a remote, disinterested judge—deem appropriate. The prescription gives them access through the guidance of another adult—generally with the parents involved here, also.
And so a final question:
Korman’s arrogance in decrying the government’s representatives and the government for their daring question his ruling with its pseudo-logic, frankly, is worse than his ruling with its pseudo-logic. Judges aren’t kings whose decisions are above the questioning of the judges’ inferiors. Korman needs to be reminded of that. Forcefully.
In the end, Korman officially refused to stay his order pending appeal. In his ruling, he opined, in part,
that if the status of these drugs is changed and later reversed, it can lead to situations in which women mistakenly believe that they can obtain the drug without a prescription or at certain locations where it used to be available, but is no longer.
This argument assumes that defendants have a likelihood of success on the merits and is largely an insult to the intelligence of women.
Because the children newly granted access behind their parents’ backs are women. And because Korman has never dealt with a government rule from the outside, being himself inside government.
On the question of identification, Korman does have a valid point:
He also questioned why the government takes an opposite position in voting-rights cases, where the US has argued that identification requirements discourage some people from voting.
But this isn’t enough to validate his overall ruling or his refusal to stay it pending appeal. He still needs to be reminded, decisively, of his place in our employment as a member of our government.
Recall that in the last election season, the Internal Revenue Service demanded of a number of nonprofit organizations information about the nature of their politics, who their contributors were, even asking about family members. The IRS intended to use this information to challenge the organizations’ nonprofit status. That this was a biased request is demonstrated by the fact that only conservative nonprofits were targeted, and they were targeted on the basis of the presence of terms like “patriot” and “tea party” in their organizational names.
The then-IRS commissioner, of course, denied this. Douglas Shulman told Congress in March 2012,
There’s absolutely no targeting. This is the kind of back and forth that happens to people….
Turns out he was lying. Lois Lerner, head of the IRS division that oversees tax-exempt groups, said,
That [demand] was wrong. That was absolutely incorrect, it was insensitive, and it was inappropriate. That’s not how we go about selecting cases for further review[.]
Then she said,
The IRS would like to apologize for that[.]
Well, Madam, when will the IRS apologize for that, instead of just talk about wanting to? And what assurances are you or Steven Miller, the acting IRS Commissioner, going to provide that guarantee this politicization of the IRS’ function has been erased and will not recur? When will we see IRS action on these assurances?
This…behavior…makes me wonder if David Axelrod has gone to work for the IRS. Or whether Janet Napolitano, DHS Secretary, is directing the IRS’ oversight function.