The Government Watchdog

Stock Markets Scream Along

2012-03-15T14:18:00.000-07:00

It is an awesome time to be in equities. The S&P 500 just closed above 1400 and the Dow is solidly above 13,000. Interest rates on bonds are finally starting to tick upward and almost all the economic news has been good.

If I had a significant stake in precious metals or long term bond funds, I would be really nervous about right now. BTW, there is still plenty of room to buy in on some really solid companies at great prices. It looks like the U.S. economy is finally starting to improve.

Of course, major macroeconomic hiccups could cause a setback (Spanish default, major Chinese slowdown, etc.)

Come out with your hands up, it's the World Police!

2012-03-06T10:29:00.000-08:00

What's that creeping noise, you ask? The U.S. creeping into the Syrian conflict! I wonder how long it will be before we are sending the CIA into Syria? At least it's reassuring to know that with our dire lack of budgetary funds, we can still afford to get involved anytime there is a flare up in the Middle East (but NEVER EVER in sub-Saharan Africa, apparently we don't have world police jurisdiction there).

http://thecable.foreignpolicy.com/posts/2012/03/06/obama_administration_moves_to_aid_syrian_opposition

PETA Kills Pets

2012-02-25T10:18:00.000-08:00

Anyone who has actually looked into what PETA(People for the Ethical Treatment of Animals) stands for knows that the organization is much more radical than most are aware of. Even many supporters aren't acquainted with some of PETA's more radical views. PETA, at its core, doesn't believe animals have any role in human lives, even as pets.

Apparently, PETA would rather see animals dead than placed into a loving home. I have attached an article below that gives the details, but the gist is that PETA kills more than 95% of the animals in its care. Further, they kill 84% within 24 hours of recieving the animals. If you give money to this organization, please be aware that you are financing the slaughter of potentially adoptable animals. Money given to PETA funds a radical agenda; it doesn't help abused cats and dogs. Please consider giving to a local shelter instead.

If you want more info, the link to the Daily Caller article is below.

http://dailycaller.com/2012/02/24/documents-peta-kills-more-than-95-percent-of-pets-in-its-care/#ixzz1nP1mXYuv

Delusions of Grandeur- Why Nuclear Disarmament is a Bad Idea

2012-02-23T13:03:00.000-08:00

The Obama administration has made it clear that they wish to achieve a world completely devoid of nuclear weapons. Now, this may seem like a great idea at first; no nuclear weapons, no chance of a nuclear holocaust. Unfortunately, reality beats great ideas every time.

First off, there will never be any way to be absolutely certain that there are zero nuclear weapons in the world. This means, you guessed it, we would be removing our best defense to a nuclear attack (mutual assured destruction) when we couldn't really be certain we would not be attacked.

Second, have any of these anti-nuclear crusaders studied world history? The world fought two immensely bloody conflicts in which millions of people died in the four decades before the first atom bomb. In all likelihood, the West would have waged an even bloodier World War III with the Communist East had nuclear weapons not intervened (in the form of the Cold War).

Nuclear weapons have actually saved countless lives. If we attempt to return to a pre-nuclear Earth, we risk immense bloodshed and the possibility of a rogue state attaining incredible power.

Our Adoring Afghan Public

2012-02-23T08:41:00.000-08:00

Another act of violence has been perpetrated by "ally" Afghan National Army troop(s) against U.S. soldiers. It sounds like these people really don't want our help and would rather see their country deteriorate into chaos. Kinda makes you wonder if we should waste our time. The link below has the full story.
http://www.upi.com/Top_News/World-News/2012/02/23/Afghan-soldier-kills-2-US-soldiers/UPI-66781330001572/

Empirical Evidence That the Gun Control Lobby is Full of Crap

2012-02-22T07:38:00.000-08:00

http://www.forbes.com/sites/larrybell/2012/02/21/disarming-the-myths-promoted-by-the-gun-control-lobby/2/

This is a wonderful article by Forbes that uses (gasp!) real-world facts to show that the gun control lobby is completely wrong in all its core assumptions about private firearm ownership. Of course, these people have never let the facts get in the way of a good misinformation campaign. I just hope that the American public is getting tired of being lied to by these people.

More fun with Rick Santorum

2012-02-21T11:43:00.000-08:00

http://mrctv.org/audio/santorum-2008-satan-systematically-destroying-america

Apparently, Satan has systematically infiltrated academia and the mainline Protestant movement in America. This kind of garbage is exactly what turns people away from Christianity. It's always fun to attack those whom you disagree with by, you guessed it, saying they are acting under the influence of the devil. Seriously, if the GOP nominates this guy, we all deserve another four years of Obama.

May the Lord be with you (regardless of whether you are part of a "real" Christian denomination or not)

Rick Santorum: The Worst of Both Worlds

2012-02-20T17:53:00.000-08:00

Well, amazingly, it looks like Rick Santorum may end up being the GOP nominee. I will be absolutely beside myself if this guy wins. Santorum represents everything I don't like about the Republican party. He holds radical social views, without the trade-off of fiscal conservatism. For example (from Wikipedia):

Santorum has stated that he does not believe a "right to privacy" is part of the Constitution; he has been critical of the Supreme Court decision in Griswold v. Connecticut (1965), which held that the Constitution guaranteed that right and overturned a law prohibiting the sale and use of contraceptives to married couples.^[138]

Another gem:
“One of the things that I will talk about that no president has talked about before is I think the dangers of contraception in this country, the sexual liberty idea and many in the Christian faith have said, you know contraception is OK. It’s not OK because it’s a license to do things in a sexual realm that is counter to how things are supposed to be.” http://www.commentarymagazine.com/2011/10/24/gop-2012-candidates/

I really wish I was making this stuff up.

I will leave you with this (from Wikipedia, but I fact checked the second quote just to be sure):

In June 2011, Santorum said he would continue to "fight very strongly against libertarian influence within the Republican party and the conservative movement."^[144] In an NPR interview in the summer of 2005, Santorum discussed what he called the "libertarianish right," saying "they have this idea that people should be left alone, be able to do whatever they want to do. Government should keep our taxes down and keep our regulation low and that we shouldn't get involved in the bedroom, we shouldn't get involved in cultural issues, you know, people should do whatever they want. Well, that is not how traditional conservatives view the world, and I think most conservatives understand that individuals can't go it alone..."^[145]

Sorry Rick, but I and many others do believe that the government should: stay out of our bedrooms, keep taxes down and regulations low. I think that the federal government has gotten plenty big enough and the last thing I want is someone like you playing Big Brother and trying to run my life for me.

As much as I hate Obama's nanny state, the proposed Santorum nanny state sounds even scarier to me (high taxes and regulation PLUS government involvement in the bedroom!)

The Gold Bubble

2012-02-06T11:58:00.000-08:00

I think that people who are buying gold right now are out of their minds. Evidence that gold is in a bubble:
1) Ads selling it everywhere
2) Meteoric rise uncorrelated with inflation
3) Huge markup from producer to consumer

Gold really has no significant use besides jewelry and as a store of wealth. It doesn't earn a return like stocks or bonds. One day (probably after our economic troubles subside), gold owners are going to realize that their gold doesn't do much except look pretty and the wailing and gnashing of teeth will be tremendous. (As in, "the $20000 worth of gold I bought is now worth $7000).

As seen on a bumper sticker: "Fearful people do stupid things."

Full disclosure: I don't own any gold bullion, securities or derivatives nor do I intend to within 72 hrs.

Being a Public Defender

2012-02-04T18:48:00.000-08:00

I have come to the realization that a public defender's job is often comparable to being a vet . You try to do what's best for your clients and yet they get angry and fight you (and sometimes physically attack). But like that vet trying to set that liger's (if you know your magical beasts) broken leg, you have to push through the yelling and complete lack of cooperation to serve their best interests. Also, it is apparently WAY too much to ask that my clients not be totally high/drunk when they come to court.

Ben Bernanke is a Man of True Insight

2012-02-02T07:47:00.000-08:00

Says the Chairman of the Fed, "Having a large and increasing level of government debt relative to national income runs the risk of serious economic consequences," Bernanke told the House Budget Committee. "Over the longer term, the current trajectory of federal debt threatens to crowd out private capital formation and thus reduce productivity growth."

Holy crap, do you need a degree from Wharton to be able to figure out such esoteric principles?

The Fallacy of Gun Control

2012-02-02T07:29:00.000-08:00

http://www.cato.org/pub_display.php?pub_id=14031

The link is to a good article from CATO about armed citizens stopping crime. Have you ever noticed where massacres occur? Schools, colleges, daycare centers: places where people can't or don't carry. Now, tell me how many massacres have occurred at: gun ranges, gun shows, hunting clubs, NRA conventions; I think you get the point.

Follow me on Twitter

2012-02-01T13:12:00.000-08:00

Educated, intelligent and well-manicured readers of my blog: you can follow me on Twitter @JamesVModicaIV.
The fourth people! Who says sequels are never as good as the original?

Don't Count Out the Moon-Man Yet

2012-02-01T13:07:00.001-08:00

While the chances of the moon becoming the 51st state took a definite hit last night, don't count Newt out until after the rest of the South votes.

Another Trillion-Plus Deficit Year

2012-01-31T08:17:00.000-08:00

http://www.politico.com/news/stories/0112/72205.html

The CBO has just proclaimed the wonderful news that 2012 will be another trillion+ deficit year. Am I the only one freaking out about this? If we don't do something to correct this soon, there are only a few options. Default and face all the horrible repercussions that would bring, wildly devalue our currency, or raise the hell out of taxes. All of these are very bad scenarios. It is long past time for some sacred cow slaughtering. Medicare, Social Security and Defense all have to be cut heavily. If people would look towards the long term instead of the short, they wouldn't be so quick to destroy the futures of their children and grandchildren. These are unpleasant topics, but we need to address them quickly (and no, just sitting back and waiting for the economy to grow faster isn't a solution).

Energy Independence

2012-01-29T18:46:00.000-08:00

You know, it's great that we can send billions of dollars to open humanitarian regimes like Venezuela, Saudi Arabia and Nigeria for their oil. Every time I fill up at the pump, I swell with pride at the thought of women being stoned to death and Hugo Chavez constantly reminding us how evil we are.

When are we going to get serious about energy independence and stop sending our money to support tyrants and people who hate us? Obama rejecting Keystone XL only furthers this trend. Who would you rather your money go to: Canada or a country where it is illegal for women to drive.

And turning food into fuel is not the answer. Food prices have skyrocketed as larger and larger amounts of corn are used to make auto ethanol. I personally believe that a shotgun approach of cellulosic ethanol, biodiesel, natural gas, efficiency, electric vehicles and domestic conventional oil are the only way to fix our oil trade debt problem.

The morality and ethics of being a Public Defender

2012-01-29T12:13:00.000-08:00

Why is it that we as Public Defenders get portrayed as unethical or dishonest, whereas prosecutors are constantly glamorized (Law and Order, etc.). Don't get me wrong, prosecutors perform a very important role, and I have had the pleasure of working with some great ones. I could see myself working as a prosecutor one day. I think, though, that my position requires a lot more discipline and stringent adherence to ethics than people realize.

If a prosecutor has a case they don't think is warranted for whatever reason, they have the power to drop it. I, on the other hand, have to abide by my client's wishes as far as a plea goes. They can confess to me, and I still have a duty to put on my best possible defense if they want to go to trial. It isn't easy or fun to know that a client molested a child/killed someone/or brutalized someone, and yet still do your absolute best to get the best possible outcome for them. It really takes dedication to adhere to the Rules of Professional Responsibility that we, as attorneys have promulgated.

And to all the people that wan't to complain about defense attorneys (when they are ethicall representing their client); this is the system we have chosen in the United States. It is an adversary system. It doesn't work the same way in Cuba or China. We, as a society, have made the decision that this is the best, most accurate way to decide guilt or innocence. It has it's flaws, but look at some of the alternatives, and you might cringe.
I don't like child molesters, thieves, wife beaters or robbers. That isn't why I do the job. I do it because someone has to do it for our system to function. If defense attorneys and prosecutors both do a good job, the right result will usually be reached. The system isn't perfect, but all we can do is work ethically and obtain justice to the best extent it can be

Newt Gingrich is a hypocrite

2012-01-27T06:53:00.000-08:00

First off, I am not a huge Mitt Romney fan. I think he tells people what they want to hear (worse than most politicians). However, it takes a lot of nerve for Newt Gingrich to criticize Mitt for holding shares of GoldmanSachs. His reasoning is that this is somehow immoral because GoldmanSachs is foreclosing on properties here in Florida. So what? Number one, these people are losing their homes because they made irresponsible decisions. The banks did too, but the home buyers aren't blameless.

Second, and more importantly, my immediate thought was: "I guarantee Newt has investment exposure to companies doing the exact same thing." Mitt Romney, being an astute investor, quickly pointed this out in last night's debate. If you are invested in a mutual fund, odds are that some of your companies (on a tangent: I believe that if you hold stock in a company, on your own or through a mutual fund , you should view yourself as a part owner not a gambler) are foreclosing on properties as we speak.

This moral decay you speak of...

2012-01-27T06:35:00.000-08:00

http://www.tmz.com/2012/01/26/fear-factor-donkey-semen-stunt-nbc/#.TyK0S4EWk40

So, apparently, NBC believes that they can earn a profit by airing a show where contestants race to guzzle donkey semen and urine. While I might expect this type of thing to be lurking in the deep and shady recesses of the internet, it's being aired on network tv? I am totally opposed to media censorship and I don't think the .gov should act to stop this, but this is just another blatant illustration of the decay of western civilization.

The solution to the U.S. debt crisis

2012-01-10T23:06:00.000-08:00

https://www.pay.gov/paygov/forms/formInstance.html?agencyFormId=23779454

This link is hilarious. It seems that the U.S. Treasury has provided the "opportunity" for individuals to "donate" towards reducing the public debt. If you don't believe me, click the above link. This seems like a good way for George Soros, most of Hollywood and the other people that feel guilty about their success to help pay for the huge government and entitlements that they so adore.

I am still having trouble wrapping my head around this one.

Copper Thievery

2011-12-30T14:33:00.000-08:00

Bringing it closer to home... In case you hadn't noticed, copper theft has grown rampant. As a Public Defender, I get to see firsthand just how common this crime is. If you have an AC unit visible from a road or public area, it definitely wouldn't hurt to fence it in. Many (most?) victims of theft are simply the low-hanging fruit. Make your stuff a little more difficult to steal the next guy's, and you will likely avoid becoming a victim. Seriously, you don't want a "client" walking off with your two grand ac unit so he can get $100 worth of copper.

U.S. to Sell Fighter Jets to Friendly Absolute Monarchy in Middle East. Sounds Familiar...

2011-12-30T09:34:00.000-08:00

http://www.upi.com/Top_News/US/2011/12/30/US-to-sell-fighter-jets-to-Saudi-Arabia/UPI-44181325262204/?spt=hs&or=tn

If this story sounds familiar, it's because this isn't the first time the U.S. has done something like this. The sale of F-14 fighter jets (advanced weaponry at the time) to Shah-led Iran immediately comes to mind. Iran was led at the time by a West-friendly (and CIA-installed) monarch, whose regime wasn't exactly pro-freedom. Of course, the CIA's well laid plans went horribly awry when the Iranian Revolution toppled the Shah and installed a vehemently anti-West, anti-Israel totalitarian theocracy.

The Obama administration is of course assuring Israel that this deal will actually increase their security. It probably will, unless the Saudi regime were to be toppled and replaced by anti-Western leadership. of course this will never happen in the ultra-stable Middle East (and the birthplace of Osama bin Laden and 15 of the 19 September 11 hijackers). In the words of former President George W. Bush (noted friend to and supporter of the Saudi regime), "There's an old saying in Tennessee — I know it's in Texas, probably in Tennessee — that says, fool me once, shame on — shame on you. Fool me — you can't get fooled again."

Are the Palestinians really an invented people?

2011-12-29T10:44:00.000-08:00

As you likely know, Newt Gingrich recently made the bold (read: inflammatory) statement that the Palestinian people are an invented people. This post isn't going to delve into the global ramifications of such a statement, though I believe it was a very bad idea to make it. Instead, I will look at the historical basis for such a comment and whether it was really justified.

Prior to World War I, the land now known as Israel, including the Gaza Strip and West Bank, was part of the Ottoman Empire. The Ottoman Empire, centered in modern day Turkey, had ruled over most of the Middle East and parts of Eastern Europe for centuries. During World War I, the Ottomans allied themselves with the Central Powers (Germany, Austria-Hungary, etc.) This, of course, proved to be an unwise choice. The Central Powers were defeated by the Allies, the Ottoman Empire broke up, and the modern, secular state of Turkey was formed at its historic heart. Great Britain obtained control of modern day Israel, which it called the Palestine Mandate.

Who were the people residing in the Mandate at this time? Well, the majority identified themselves as Arabs. Some identified as Jews, and there were other minorities. Arab culture had spread to the area shortly after the rise of Islam in the seventh century A.D. The traditional notion was that the Arabs invaded and pushed out the resident populations. Some research is showing, however, that most of the people stayed and merely adopted Arab culture and converted to Islam (from Judaism or Christianity). So, from a genetic standpoint, the Palestinian people are likely the same people who have been in the region for centuries. Genetic research has confirmed that modern European Jewish populations are largely descended from inhabitants of this region as well. They have obviously maintained a much different culture away from their historic homeland than those who remained behind (if you accept the theory above).

So where does Newt's comment come from? I mean, he is a history professor after all. Well, there was never an independent state called Palestine. From the Roman Conquest up until the British withdrew from the Mandate, the area had been part of different empires; Roman, Byzantine, Arab, Ottoman. But, so what? The same thing could be said for Greece. Have you ever heard of the "invented Greek people"? The people running the Ottoman Empire (Turks) were admittedly a different ethnicity with a different language than the Palestinians. It appears that Newt thinks because Palestinians self-identify as Arabs (whose culture stretches across the Middle East), their status as "Palestinians" is invented. This argument simply doesn't hold water. Egyptians, Saudis, Lebanese Arabs and others all identify as Arabs, and yet, they all have unique cultural traditions.

I think Newt knew better than to make this comment and was merely trying to score cheap points with the pro-Israel lobby. To be clear, I am not anti-Israel. I simply think that the Israel-Palestine argument should be guided by accurate assumptions and not politically-charged talking points.

Introduction

2011-12-29T08:15:00.000-08:00

I suppose I should have posted an introductory post before I got into anything substantive, but I will now. My goal here is to provide an outlet for my thoughts on current events and our government's law and policies. As an attorney, I have a unique view of the inner workings of the legal system. As a criminal defense attorney, I work daily with Constitutional interpretation. Comments are of course welcome. I don't mind different viewpoints. I just ask that any comments be civil and issue-focused.

Optional Taxes? Awesome!

2011-12-29T07:33:00.000-08:00

http://www.csmonitor.com/Commentary/the-monitors-view/2011/1227/Obama-s-new-tax-on-the-poor-Internet-gambling-by-states

So, the CS Monitor has decided to repeat an oft expressed view that any kind of state-sanctioned gambling is a "tax" on the poor. You know, the poor lack the ability to stop themselves from gambling if given the opportunity. The big, mean government should, of course, step in to protect them from themselves. Nevermind that this is merely an interpretation of an existing law or that no one is being forced to buy lotto tickets or dump quarters into slot machines. Don't you wish that you had the choice to not pay your taxes?