Jefferson Review

"Your Liberty is Our Interest"

March 22, 2004

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We the People:


Sign the Center's Online Petition Urging Senator Kennedy to Clear His Name

Freedom Line On November 14, 2003, the Wall Street Journal published an internal U.S. Senate memorandum dated April 17, 2002, written to Senator Edward Kennedy (D-MA) by one of his staff members. The memo details a request by Elaine R. Jones, President and Director-Counsel of the NAACP Legal Defense and Education Fund, to delay Senate action on all judicial nominees to the U.S. Court of Appeals for the 6th Circuit until the then-pending University of Michigan affirmative action cases were decided by that court. This request was anything but innocuous, as Ms. Jones was participating as Counsel in the University's undergraduate case.

While it is clear that Ms. Jones crossed all ethical and professional boundaries when she made the request, Senator Kennedy has refused to discuss what actions he or anyone else took to fulfill Ms. Jones' request. All we do know is that Judge Gibbons, then a nominee to the 6th Circuit, was not confirmed until after the case was heard.

Please click the link below to sign the petition urging Senator Kennedy to clear his name in what appears to be a gross abuse of power to "obstruct justice" in one of the most important civil rights cases in more than 25 years.

To sign the petition, click here.


Confirmation Watch:


Democrat Memogate: The Gang That Can't Shoot Straight

Freedom Line Just when we thought members of the U.S. Senate Judiciary Committee -- Republicans and Democrats alike -- couldn't possibly shame themselves or the Senate any more, they did. Several times. With no end in sight.

Shame, as a public function, is limited by the number of people paying attention, currently few. Shame also requires susceptibility to such emotion, not currently evident in the Judiciary Committee. That's expected through the initial stonewall phase. Media and public attention on most government scandals starts haltingly and builds slowly, as more and more dots are connected, usually by journalists with the noses of truffle pigs, also currently in short supply.

To read more, click here.


Confirmation Watch:


Center Urges Attorney General Ashcroft to Investigate Content of Judiciary Memoranda

Freedom Line In a letter to U.S. Attorney General John Ashcroft, the Center for Individual Freedom this week asked that any criminal probe into how some Judiciary Democrats' collusion memoranda regarding judicial confirmations were obtained and "leaked" include a thorough examination of the memos' content and a complete investigation into the unethical and potential illegal conduct they may evidence.

The Center's letter follows an announcement yesterday by Senate Sergeant-at-Arms Bill Pickle that he is forwarding his report on how the memos were obtained to the Department of Justice for possible criminal prosecution. In addition, last week, members of the Senate Judiciary Committee wrote to General Ashcroft asking for such a criminal investigation to be done by a professional prosecutor.

"Now that members of the Senate and Sergeant Pickle have appealed directly to the Attorney General, any investigation should include addressing the real issue these memos have presented -- their content."

To read more, click here.


Freedom Line: Guest Commentary


We Didn't Mean Our Pockets...
By Erin Murphy

Freedom Line Much to taxpayers' dismay, the recent revelation that we may get stuck with the bill for the reckless driving of former Rep. Bill Janklow (R-SD) has reaffirmed the age-old adage that what goes around comes around.

Janklow, who is currently serving a 100-day jail sentence for second-degree manslaughter and reckless driving after he collided with and killed a motorcyclist in August, now faces a civil wrongful death suit that could well result in a sizable verdict. But because he was driving home from a speech to Korean War veterans at the time of the accident, the Justice Department concluded that Janklow's actions were "official business" within the scope of his duties as an elected official. Thus, under the Federal Tort Claims Act, Janklow's employer -- the federal government -- must pay any verdict, meaning that taxpayers will ultimately foot the bill.

To read more, click here.


Campaign Finance Reform:


Starting the Climb Back up the Slippery Slope

Freedom Line It seems so obvious: "Congress shall make no law ... abridging freedom of speech, or of the press, or of the right of the people to peacefully assemble..." According to the Merriam-Webster Dictionary, "abridge" means "to reduce in scope: diminish." It's difficult to understand how the authors of the First Amendment could have been more plain.

Nevertheless, in 2002, Congress passed and the President signed the Bipartisan Campaign Reform Act (BCRA). Among the many provisions of the new law, one specifically bars certain groups from engaging in political speech in the days leading up to an election unless they adhere to strict federal regulations. BCRA provides that if their message mentions any federal officeholder, corporations, unions, and non-profit organizations cannot advertise on television or radio for 30 days before a primary election and 60 days before a general election unless they use federally regulated "hard dollars."

To contact your senators, click here.


CFIF History & Civics Quiz:


Question of the Week
Freedom Line
How old must the Vice President of the United States be?

(a) at least 25 years old
(b) at least 30 years old
(c) at least 35 years old
(d) there is no age restriction on the Vice Presidency

For the correct answer, click here.


Jester's Courtroom: Tales Stranger Than Fiction
Featuring bizarre and sometimes humorous real life stories from the courtroom.


Suing to Sit at the Table

Jester's Courtroom A Los Angeles lawyer and self-described "better than average blackjack player" is betting that the courts will get him back to the tables in Las Vegas. Ernest Franseschi, Jr., is suing MGM and its casinos after he was allegedly thrown out for being too lucky.

Franseschi claims that officials at the MGM Mirage ejected him because he was winning thousands of dollars at a high-stakes blackjack table. He also accuses the casino of surreptitiously photographing him while gaming. Franseschi believes MGM circulated his picture to other "Sin City" gambling establishments, leading to his alleged banishment from three more casinos on the same day.

The complaint, filed in a California Superior Court, claims invasion of privacy, defamation and alleged transgressions of California's unfair business practices laws. Franseschi is seeking $74,000 in damages and wants MGM to be forced to include a disclaimer on its California advertising that reads, in part: "It is the policy and practice of MGM Mirage particularly to target skillful and/or winning players and bar such persons from gaming at our properties; only losing and/or unskillful players ... are not subject to being targeted to be barred from MGM Mirage casino properties."

An MGM spokesperson familiar with Franseschi's lawsuit said: "This lawsuit has no merit we are confident we will prevail." He added, "We, like any other business, reserve the right to refuse service."

Source: Reuters

To read more, click here.

Since many of these gems do not attain national attention, the Jester welcomes you to share with us your favorite wacky stories from a courtroom near you! Please be sure to provide the source. You may e-mail us at mailto:info@cfif.org


Notable Quotes:


Quote of the Week

Notable Quotes Democratic Presidential Candidate John Kerry Trying to Explain His Vote Against Funding for U.S. Military and Rebuilding Operations in Iraq:

"I actually did vote for the $87 billion before I voted against it."

For more Notable Quotes, click here.

Do you have a notable quote you'd like to share with the Center, e-mail it to mailto:info@cfif.org Be sure to provide us the source of the quote.


Ray's Cartoon Corner:


Ray's Cartoon Corner

Freedom Line Visit "Ray's Cartoon Corner," the lighter side of CFIF's website. The Corner is a good place for freedom lovers and free market advocates to go to catch up on the latest social, economic and political issues affecting individual freedoms and rights through the humorous medium of editorial cartooning. The cartoons are drawn by Ray Gardner, a self described free market conservative and thirty-something cartoonist who lives and works in Phoenix, Arizona.

To view Ray's latest cartoons, click here.


 


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