Pensions, Sick Leave & Vacation Days Bankrupting FL

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Slade O’Brien, Director of Americans for Prosperity – Florida, was in Sarasota to present the “Five For Florida” plan to over 200 activists. According to their website, “Five For Florida is a policy plan that outlines five key issues that elected officials can address that will make Florida more economically competitive and government more transparent and accountable.”

Five For Florida is a policy platform that offers real solutions for a better Florida. The plan outlines five key issues that elected officials can address now to encourage free market principles and government accountability, in order to make Florida number one for families, businesses and entrepreneurs. The five key issues are:

ONE: Reform Taxes & End Corporate Welfare

TWO: Don’t Make Financial Promises Taxpayers Can’t Keep

THREE: Be Steward of Good, Transparent Government

FOUR: Empower Kids With the Best Education

FIVE: Free Entreprenuers to Pursue the American Dream

Issue TWO requires that all new state and local government employees be enrolled in 401(k)-style, defined contribution retirement plans. According to the Five For Florida website, “Our politicians must stop making promises that taxpayers can’t afford. We must force them to be honest with us, and make decisions that will protect us now and in the future. We need an honest, transparent retirement plan that works for both hardworking taxpayers and government workers, and we need a property insurance system that will protect our homes without jeopardizing our future financial security.”

Five For Florida presents the following facts:

  • Florida’s Retirement System (FRS) serves more than 1 million government employees, making it the fourth largest public pension program in the country. Source: James Madison Institute
  • The FRS is 88% funded, assuming a 7.75% return on investment. Over the last 12 years, the fund has received an average return of 3.3%. Source: James Madison Institute
  • Florida currently has an optional defined contribution plan, however only 16% of employees elect to be enrolled in it, versus the 84% in the pension plan. Source: James Madison Institute
  • Public sector pension programs guarantee a rate of return that is 3 to 4 times higher than what private sector workers are able to earn. Source: The Heritage Foundation
  • The State of Florida currently contributes $5.5 billion per year to the FRS, but would need to double that contribution to $11 billion a year for the fund to remain solvent. Source: James Madison Institute

Adding to the promises that add to the taxpayers burden is allowing public employees to roll over sick leave and vacation days. According to Brittany Alana Davis’s Tampa Bay Times article “Unused sick days make a nice parting gift for state workers” reports:

“In the budget year that ended June 30 [2012], the state paid out $51.7 million in sick and annual leave to state workers, even as it slashed funds for higher education and public school maintenance. About 28,000 employees left the state during that period.

The figure — which does not include state university and college employees — is only expected to climb as boomers retire. Critics say the system is out of line with the private sector, where few businesses allow employees to roll over their sick days or obtain cash payouts. Most private businesses will not pay employees for more than a few weeks of leave time, and will not pay for unused sick days.”

Davis noted in her article, “Another problem: The state can rarely revoke accrued time, even for those who leave in disgrace.”

Slade O’Brien will be interviewed on Watchdog Wire Radio WWPR AM 1490 Monday, July 16, 2012 from 11:00 to Noon EST. To listen to the live stream over the internet go to this link.

Gov. Scott: Raising the Public Education Bar Works

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Governor Rick Scott issued a statement today on Florida Comprehensive Assessment Test grades for Elementary and Middle Schools. Test standards were raised by the Florida legislature and student grades fell significantly.

Commissioner of Education Gerard Robinson said in announcing the school grades, “This has been a year of tremendous change for Florida’s students, teachers and schools. The high standards we have in place today will help our students prepare for college, the workforce and life.” Robinson added that he was “confident we are on the right path.”

Governor Scott noted, “Florida is raising education standards because we know from past experience that students and teachers consistently rise to occasion when challenged. In just two years, Florida will move to a new testing standard that significantly reduces our reliance on the FCAT and moves to Common Core State Standards. This new system will allow us to compare our students with those in other states so that we can benchmark results, measure progress, and adjust curriculum to better prepare students for college and the workforce, so that they are better able to compete in the global marketplace.”

Governor Scott states, “As part of our ongoing accountability efforts, we’re constantly reviewing the level of and kinds of testing occurring in our classrooms. Our goal is to make sure we’re not testing for testing’s sake, but working to ensure our students are prepared for college and the workforce. Common Core assessments are an example of that kind of tool.”

“It is never easy to raise the standards for excellence in education. This year is no exception. But every time we raise the expectations of our students and teachers, they ultimately get better in later years. Simply put, raising the bar works,” Governor Scott said.

The Florida Board of Education voted to lower the school passing scores for the 2012 tests. This led to many saying lowering of the public education bar is harmful to future student achievement. According to Dave Weber of the Orlando Sentinel:

“Statewide, 46 elementary and middle schools earned Fs, compared to 32 last year, and 238 earned Ds, more than doubling last year’s 117. The totals of As, Bs and Cs slipped, too, with A schools showing a marked slip from 1,480 statewide last year to 1,112 this year.

To cushion the blow, the State Board of Education agreed several months ago that no school would be dropped more than one letter grade from last year’s score, regardless of how its students performed. That likely has saved some schools from slipping to Ds or Fs.”

Rubio Condemns Obama’s Failure To Recognize Hugo Chavez’s Threat To U.S. National Security

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U.S. Senator Marco Rubio (R-FL) issued the following statement regarding President Obama’s assessment that Venezuela’s Hugo Chavez does not pose a serious national security threat to the U.S.:

“It’s now disturbingly clear that President Obama has been living under a rock when it comes to recognizing the national security threat posed by Venezuela’s Hugo Chavez.

“Hugo Chavez is not only a threat to the Venezuelan people’s freedom and democratic aspirations, he has also supported Iran’s regime in its attempts to expand its intelligence network throughout the hemisphere, facilitated money laundering activities that finance state sponsors of terrorism and provided a safe haven for FARC narco-terrorists, among many other actions. Just yesterday, the Wall Street Journal detailed how Hugo Chavez circumvents U.S. and EU sanctions to help prop up the Assad regime in Syria. And even Obama’s own State Department belatedly but rightly expelled Chavez’s consul general in Miami for her ties to a plan to wage cyber-attacks on the U.S.

“President Obama continues to display an alarmingly naïve understanding of the challenges and opportunities we face in the Western Hemisphere.”

In an interview that aired last night on Miami’s Channel 41, President Obama said, “We’re always concerned about Iran engaging in destabilizing activity around the globe. But overall my sense is that what Mr. Chávez has done over the last several years has not had a serious national security impact on us.”

“No More Defense Cuts”

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There are twenty-one military bases in Florida and the state is home to 1.6 million veterans. The Coalition for the Common Defense (CCD) has launched a national advocacy campaign aimed at preventing further cuts to the U.S. military of $500 billion dollars or more in January 2013 pursuant to the “sequestration” mechanism created under the Budget Control Act of 2011.

The CCD campaign will feature a series of video advertisements demonstrating the dangers of the sorts of deep and across-the-board defense spending cuts being considered. The first spot premiered today and can be viewed here. The campaign is designed to encourage the American public to express their opposition to these cuts. The Coalition will facilitate such communications with the White House and Senate through a portal at its web-site here.

Regarding the campaign launch and the need to avert sequestration, Frank J. Gaffney, Jr., a member of the Coalition for the Common Defense, remarked:

“Defense has already paid its fair share into deficit reduction and we cannot safely and responsibly try to balance the budget on the backs of our men and women in uniform. This campaign, and specifically the Coalition’s ads, will bring home to the American people the reckless absurdity of these defense cuts – and the need to avoid the train-wreck they will precipitate.”

The mandated sequestration cuts come on top of an already budgeted $487 billion reduction over the next 10 years as part of Budget Control Act of 2011.

The additional $500 billion in sequestration cuts would prove devastating to Florida, both militarily and economically. Militarily, this would result in the smallest ground force since 1940, the smallest Navy since 1915, and the smallest Air Force in history. Economically, sequestration could result in $62.9 billion in lost revenues for defense contractors, projected job losses of over 1.3 million, and an $86.4 billion decrease in Gross Domestic Product.

The House of Representatives has acted on legislation that would stave off budget reductions and their attendant impact for at least a year, giving the executive and legislative branches time to devise a different, less reckless approach to deficit reduction. The Senate has yet to act, with Senate Majority Leader Harry Reid and President Obama insisting that any such relief must be accompanied by tax increases.

Frank J. Gaffney, Jr. continued:

“The American people do not want the White House and the Senate to hold our military hostage to budget gamesmanship. It is unconscionable to play politics with the arming, training and sustaining of our troops – particularly if, by so doing, the President and Senate leaders may be jeopardizing not only their missions, but their lives.”

The Coalition for the Common Defense is an alliance of like-minded individuals and organizations who believe that without provision for the “common defense,” as articulated by the Founders, the freedom that has allowed unprecedented opportunity and prosperity to flourish in this country would soon be imperiled. In this new age of budgetary cuts, the Coalition rejects the false choice between military strength and economic health contending that economic prosperity depends on a strong national defense. Through a series of events and strategic partnerships, the coalition is calling on elected officials, candidates for office and others who share our commitment to the common defense to uphold these principles. Coalition member believe the United States “must return to sensible fiscal principles without sacrificing our national security”.

Astronaut ALVIN DREW Coming to Tampa

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Astronaut Benjamin “Alvin” Drew, Jr. is headlining the 1st Annual “Bridge The Generation Gap” event on Sunday, July 15, 2012 at Riverfront Park, in Tampa, FL. The program is sponsored by Show Another Way, Inc. & Children With A Vision.

This event is dedicated to passing down good old fashion fundamental values.

The conference mission is to promote positive solutions to help youth overcome and eliminate problems youth experience. Problems such as: youth violence; lack of respect for self and others; morals; values; unemployment; AIDS awareness; accountability; bullying; and lack of vision. These children are our future, which is why we believe that we need to model, guide and teach them how to choose their path wisely.

In addition to keynote speaker NASA Astronaut Benjamin Alvin Drew, Colonel, US Air Force, ret., other speakers include: Colonel EJ Otero, USAF ret., Chief Jane Castor, Pastor Antonio Hawkins, Pastor Robert Regester, Reverend Henry Price, State Representative Betty Reed, Jettie B. Wilds, National Football League player Garnell Wilds and a host of friends.

Entertainment will be provided by two National recording artists, Lil Brus, a 9 year old, who is a positive rapper, and Young A J Crawford. Also entertaining are: G-4S Juvenile Justice “Drum Team” and the Revealing Truth “Praise Team”. A multitude of activities for the youth will be taking place throughout the day.

Astronaut Drew’s NASA career includes spaceflights aboard STS-118 and STS-123, and space walks. Colonel Drew’s Air Force career included stints as a rescue pilot and a combat pilot. Additional information about Colonel Drew may be found here.

Astronaut Drew will be introduced on stage by his former colleague and friend, Colonel EJ Otero, at about 3 p.m. Astronaut Drew will be available to the press, in the press tent next to the main stage, from 2:30 p.m. until 2:45 p.m. Other speakers will be available in the press tent intermittently from 2 p.m. until 4 p.m.

The first 300 youth at the event will receive autographed pictures of Astronaut Melvin Drew.

Riverfront Park is located at: 1215 North Boulevard, Tampa, Florida 33607. This is a no alcohol and no drugs event. Tampa Police Officers will be on site from Noon till 6:00 p.m.

FL Counter Terrorism Expert Attacked By Muslim Brotherhood

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Sam Kharoba, Founder of the Florida based Counter Terrorism Operations Center (CTOC), is a distinguished law enforcement trainer and an expert on issues related to Islam and Muslim terrorist groups such as al Qaeda, HAMAS, Hezbollah and organizations like the Muslim Brotherhood.

On Wednesday, July 11, 2012 Hasan Shibly, Director of the Council on American Islamic Relations (CAIR) will host a press conference in Tampa to keep Mr. Kharoba from instructing Florida law enforcement officers about the threat of radical Islamists and political Islam. CAIR is a Muslim Brotherhood front organization according to documents presented by the FBI at the Holy Land Foundation trial.

According to an email announcing the press conference, Mr. Shibly states, “…CAIR FL will release a letter sent to the FDLE requesting that the department no longer use Sam Kharoba of the Counter Terrorism Operations Center (CTOC) as a trainer on issues related to Islam and Muslims. That letter asserts that Kharoba’s training materials on Islam are riddled with inaccuracies, sweeping generalizations and stereotypes, that he is unqualified as a subject matter expert on either Islam or countering violent extremism and that his training has elicited DISTURBINGLY prejudiced responses from trainees.”

Similar accusations were made in early 2011. Efforts by CAIR and other organizations have been directed at preventing counter terrorism training at the national, state and local levels. Major Joseph M. Bail, Jr. (Ret.), with 40 years of service in the City of Chester, Pennsylvania Police Department, did an extensive review of efforts to prevent law enforcement training on the threat of radical Islam.

Major (Ret.) Bail after reviewing a 2011 Washington Monthly article entitled, “How We Train Our Cops to Fear Islam”  written by Meg Stalcup and Joshua Craze, states:

“In it, the authors clearly fail to convince anyone that police should not be receiving training in counter-terrorism, or that police shouldn’t waste time being informed of Islam, Islamic extremists, or the Islamic perpetrators of terroristic acts. So, they do what all good politically and ideologically motivated journalists do: they attack the people they have singled out as those who represent what they see as the problem. They seem to have concluded that if they can malign those professionals and their reputations, they will still have accomplished their goals. In this case the people they targeted were Sam Kharoba, whom I do not know; John Giduck; Lt. Col. Joe Bierly (who I know and respect); and Maj. Richard Hughbank, a recently retired Army Military Police officer, and author of two books on terrorism. In addition to a law degree, Giduck has a master’s degree in Russian studies and a Ph.D. in Middle East studies he earned at Kings College in London. I do not know Richard personally, but am familiar with his work and the fine reputation he has as a knowledgeable professional and who served our nation for 22 years in uniform.” (To read the entire column click here)

“As I have no contact with Mr. Kharoba I cannot address the specific allegations against him. But if the skewed and misleading reporting, and baseless character assassination they engaged in with the others is representative of their entire article, I would have serious doubts about anything they wrote about him,” noted Major (Ret.) Bail.

The first chapter of Mr. Kharoba’s CTOC Training Manual states, “Most of us have heard statements similar to ‘Islam is a religion of peace’ and that ‘Muslim radicals hijacked, twisted and altered Islam to justify their Jihad against non-Muslims.’ This book will provide definitive proof contradicting these statements and allegations.”

Christians stoned by Muslims in Dearborn, MI File Lawsuit

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During the 2012 Arab International Festival held this past June in Dearborn, Michigan, a group of Christian evangelists were pelted with stones, bottles, and debris by Muslim youths while deputies from the Wayne County Sheriff’s Office stood idly by, allowing the criminal assault to take place. Many of the Christians were bloodied by the attack. When Ruben Israel, the leader of the Christian group, asked the law enforcement officers present to step in and enforce the criminal law so that the Christians could exercise their right to freedom of speech, Israel was given the option of either leaving the festival or facing arrest.

To view a video of the stoning of Christians by Muslims youth click here.

This past week, Israel retained the legal services of the American Freedom Law Center (AFLC), a national, nonprofit public interest law firm that specializes in defending the free speech rights of Christians. AFLC plans to file a federal civil rights lawsuit on behalf of Israel and the Christian group, whose constitutional rights were violated by the Wayne County Sheriff’s Office.

Robert Muise, Co-Founder and Senior Counsel of AFLC, commented, “Whether you agree or disagree with the Christians’ message, there is one issue to which there is no dispute: no citizen should be stoned in a city street in America for exercising his constitutional right to freedom of speech. And what makes this case so egregious is that law enforcement officers were present and made the conscious choice to allow the Muslim mob to silence the Christian speakers through violence. Indeed, the video of the incident looks like something you would see in the Middle East, not in the United States.”

AFLC Co-Founder and Senior Counsel David Yerushalmi, an expert on sharia (Islamic law) added, “While it is shocking to see video of Christians being stoned in the United States for criticizing Islam, it is not necessarily surprising that this incident occurred in Dearborn, Michigan, a city where the mayor and law enforcement have consistently violated Christians’ free speech rights in favor of appeasing a large Muslim population and where, in line with the Islamic legal dictates of sharia, the Christian Gospel is treated as criminally offensive speech, and violence ‘for the sake of Allah’ is reinforced by arresting or removing the Christians. What you are witnessing on the video is the enforcement of sharia by a hostile mob and law enforcement aiding and abetting.”

Israel asked AFLC to assist him and his fellow Christians with their legal challenge because of the experience, expertise, and successful track record of Muise and Yerushalmi, who are no strangers to the challenges Christians face in Dearborn, a city that has earned a reputation as being hostile toward Christians.

For example, in 2009, Christian Pastor George Saieg was prohibited from distributing his Christian literature at the annual Dearborn Arab Festival. Muise represented Pastor Saieg in his constitutional challenge to the City’s policy, which confined the pastor to a booth if he wanted to hand out his literature to festival goers, most of whom were Muslim. The U.S. Court of Appeals for the Sixth Circuit ruled in favor of the Christian pastor, holding that the speech restriction violated the First Amendment. In its decision, the Sixth Circuit noted a fundamental problem with the City’s policy in light of the fact that Saieg was seeking to evangelize Muslims. The court stated, “Saieg also faces a more basic problem with booth-based evangelism: ‘[t]he penalty of leaving Islam according to Islamic books is death,’ which makes Muslims reluctant to approach a booth that is publicly ‘labeled as . . . Christian.’” In that case, the court awarded Saieg $103,401.96 for legal fees and costs.

In 2010, four Christian missionaries were handcuffed and jailed for peacefully preaching to Muslims at the Arab Festival. The City charged the Christians with “breach of the peace.” Muise defended the Christians against these charges in their week-long criminal trial. At the close of the trial, the jury returned verdicts of “not guilty.”

Following the acquittals, Muise and Yerushalmi filed a lengthy civil rights lawsuit against the City, its mayor, the chief of police, seventeen police officers, and two festival organizers for violating the Christians’ constitutional rights. The City recently sought to dismiss the lawsuit. However, a Detroit federal judge denied the City’s request, and the case is proceeding.

In 2011, the City was at it again. When a controversial Christian pastor wanted to hold a peaceful demonstration protesting sharia and jihad outside of the Islamic Center of America, the largest mosque in the United States, the City and the Wayne County Prosecutor haled the pastor and his associate into court under an archaic Michigan law that allowed for the imposition of a “peace bond” to prevent a crime. The prosecutor argued that because Muslim counter-protestors threatened violence if the Christians were allowed to hold their protest, the imposition of a “peace bond” to prevent the demonstration was justified. A local state court judge agreed. Following a two-day trial, the court imposed a “peace bond,” issued an order preventing the Christians from going near the mosque for three years, and jailed them until they paid the bond. Neither the pastor nor his associate had legal representation during the course of the “peace bond” proceedings. Muise agreed to represent the Christians on appeal, and successfully argued to the Michigan Circuit Court that the judgment and the speech restricting injunction should be reversed.

In this case, Israel made it clear that his motive for attending the Arab Festival this year was in part to protest the poor treatment of Christians at the festival, and in particular, to protest the 2010 unlawful arrests of the four Christian missionaries who were merely preaching peacefully to Muslims.

Yerushalmi commented, “The City of Dearborn and now the Wayne County Sheriff’s Office appear to be serial violators of the Constitution when it comes to defending the free speech rights of Christians who seek to evangelize Muslims or criticize Islam. Under sharia, this is known as dhimmitude, which is the status that Islamic law mandates for non-Muslims, primarily Jews and Christians, that deprives them of equality of rights and seeks to subdue them under Islamic rule.”

Muise described the constitutional principles at issue here: “The Supreme Court has long recognized that speech serves its ‘high purpose’ when it stirs people to anger. Speech is often provocative and challenging, and it may have profound unsettling effects as it presses for acceptance of an idea. That is why freedom of speech is protected against censorship or punishment. There is no room under our Constitution for a more restrictive view. Additionally, the courts have made clear that a police officer has the duty not to effectuate a heckler’s veto, nor may he join a violent mob intent on suppressing speech. Instead, the officer must take reasonable action to protect persons exercising their free speech rights. The Wayne County Sherriff’s [sic] Office egregiously breached its duty in violation of the U.S. Constitution.”

Watchdog Wire Radio Guest Line-up: July 9-13, 2012

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Watchdog Wire – Florida radio may be heard Monday-Friday from 11:00 to Noon EST. Below is the current Guest Lineup for Watchdog Wire radio with the Dr. Rich Show on WWPR AM 1490 or listen live via the Internet at www.DrRichShow.com:

Monday, July 9 – Pastor Stephen Broden, National Delegate Republican Party from Texas will join Dr. Rich to discuss all things political. Pastor Broden, of Fair Park Bible Fellowship in Dallas, hosted the Constitutional Elections Summit held May 26, 2012. Pastor Stephen Broden is a contributor on Fox News and has been a guest on Huckabee and Glenn Beck. Pastor Broden will be speaking at an upcoming C-Span event to be held in Washington, D.C. Pastor Broden is a Black, Politically Conservative Pastor. Host: Dr. Rich Swier

Tuesday, July 10 – Don Dix, Director – Corona ACT for America. Don will report on the Election Year – National Security Briefing with The United West, and the status of the Jihad in Southern California. Host: Dr. Rich Swier

Wednesday, July 11 – Clare Lopez, former Operations Officer with the CIA and Middle East expert, will be analyzing events in the Middle East and the rise of Muslim Brotherhood controlled governments in Egypt and Libya. Clare will be connecting events in the Middle East to our economic and national security interests in the United States. Host: Dr. Rich Swier

Thursday, July 12 – “The Jihad in Boston,” with Rabbi Jon Hausman and Lieutenant General Jerry Boykin, U.S. Army (Ret.). LTG Boykin was one of the original members of the US Army’s Delta Force. He was privileged to ultimately command these elite warriors in combat operations. Later, Jerry Boykin commanded all the Army’s Green Berets. He has participated in clandestine operations around the world. This program will be video LIVE STREAMED on www.TheUnitedWest.org. Host: Tom Trento.

Every Friday is FREE SPEECH FRIDAY! – This is “You The People” Talk Radio. Giving local citizens concerned about local issues a voice to air their grievances and petition their elected representatives via the Dr. Rich Show is our mission each and every Friday. A citizen volunteer from Hillsborough, Pinellas, Manatee and Sarasota Counties will be talking about local issues of importance to you. What is happening at the local City/County Commission, School Board and events planned in each county will be presented to inform and educate our listeners. The last segment on FSF is the “Voice of the Observer” with Rod Thomson, Editor-at-Large for the Observer Group Newspapers. Host: Dr. Rich Swier

Every Saturday is “Righting the Right” The Glenn Pav Show on WTIS AM 1110 every Saturday from 3:00 to 5:00 p.m. EST. Visit Glenn’s website by clicking here.

Please listen to the archives of our past shows by CLICKING HERE.

Pinellas County Commissioners Behind the 8 Ball

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By Dr. Rich Swier – In 1996, the ballot initiative “8 is Enough” was passed by 78% of voters in Pinellas County, Florida to limit County Commissioners to two four year terms. That ballot initiative has been in litigation since then. Recently the Florida Supreme Court upheld term limits for all Constitutional officers and County Commissioners.

This Florida Supreme Court decision impacts four of the seven sitting County Commissioners, including the Chair and Vice-Chair. The commissioners who are in violation of the two term referendum are: Susan Latvala, John Morroni, Karen Williams Seel and Kenneth T. Welsh.

A lawsuit has been filed against the Pinellas Supervisor of Elections, Pinellas County and names the four Commissioners in violation by a group of local citizens. At the Pinellas County Commission meeting on Tuesday, July 10, 2012 the lawsuit will be discussed.

Former Tarpon Spring Mayor Bev Billiris, who is part of a group that has filed a lawsuit to support the referendum, stated “They did not follow the will of the people. The people voted 78 percent to have term limits for county commissioners.”

A similar lawsuit was filed in Sarasota County, FL to keep Commissioner Jon Thaxton off the 2012 ballot. Commissioner Thaxton violated a referendum passed by Sarasota County voters in 1996 limiting County Commissioners terms to eight years.

A Rasmussen Reports survey asking about trust of local government of 1,000 Adults nationwide was conducted on July 5, 2012. The survey found six out of ten do not trust local government. The federal government garnered 23% and state government 12%.

Executive Tyranny

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The use of Executive Orders (EO) goes back to the first President, George Washington. Every chief executive has issued them since then. Some have been historic, but the latest Executive Orders of President Obama are downright scary.

The Executive Order signed on June 25 is titled “Russian Highly Enriched Uranium” and offers as its justification the fact that “the accumulation of a large volume of weapons-usable fissile material in the territory of the Russian Federal continues to constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and hereby declare a national emergency to deal with that threat.”

A national emergency? Over Russian nuclear material?

Are we still in the Cold War?

Are we facing another Cuban Missile Crisis?

Are the Russians getting ready to launch a nuclear attack on the U.S.?

Are the Russians provocateurs? Yes, but what else is new?

The justification for this Executive Order is absurd.

The world is filled with nuclear weapons held by both our allies and our presumed enemies.

Having proclaimed a national emergency, why hasn’t Obama gone on television to inform Americans? Because, like everything else he does, it is done with stealth.

A previous Executive Order issued on March 16th evoked an even stronger response from those paying attention to what the President is doing. On March 22nd, Jeffrey T. Kuhner, a columnist for The Washington Times, wrote:

“President Obama has given himself the powers to declare martial law—especially in the event of a war with Iran. It is a sweeping power grab that should worry every American.”

“On March 16th, the White House released an executive order, ‘National Defense Resources Preparedness.’ The document is stunning in its audacity and a flagrant violation of the Constitution. It states that, in the case of a war or national emergency, the federal government has the authority to take over almost every aspect of American society. “

“Food, livestock, farming equipment, manufacturing, industry, energy, transportation, hospitals, health care facilities, water resources, defense and construction—all of it could fall under the full control of Mr. Obama.”

“He now possesses the potential powers of a dictator. The order is a direct assault on individual liberties, private property rights and the rule of law. It is blatantly unconstitutional.”

Bear in mind that Article I, Section 1, of the Constitution states that “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

“Specifically, the imposition of martial law by the national government over a state and its people, treating them as an occupied nation, is an act of war. Such an attempted suspension of the Constitution and Bill of Rights voids the compact with the state and with the people.” – Oathkeepers.org.

There has not been a peep out of Congress.

In the last decade the U.S. went to war in Afghanistan and Iraq without a “national emergency” being declared. Whether or not the U.S. goes to war with Iran, Obama has granted to himself sweeping powers consistent with a dictator, not a Chief Executive. The Middle East rumor mill suggests that either he and/or Israel might do that in October.

Recall that the financial crisis of 2008 occurred conveniently before the election that put him in the Oval Office.

In point of fact, Executive Orders do not require Congressional approval to take effect, but they carry the same legal weight as laws passed by Congress. The authority for Executive Orders is found in Article II, Section 1, of the Constitution which grants the President “executive power.” The orders, however, are understood to give direction and guidance to the Executive Branch agencies and departments.

The latest Executive Orders are not “a conspiracy theory.” They are the law of the land.

In the case of the National Defense Resources Preparedness Executive Order, it puts the Executive Branch in total control of everything and everyone in the nation. This includes the power to arrest and detain anyone deemed a threat to the nation.

A study, “Profiles of Perpetrators of Terrorism”, commissioned by the Department of Homeland Security identified the following characteristics of potential “terrorists.”

  • Americans who believe their “way of life” is under attack;
  • Americans who are “fiercely nationalistic (as opposed to universal and international in orientation)”;
  • People who consider themselves “anti-global” (presumably those who are wary of the loss of American sovereignty, opposed to the United Nations, etc.);
  • Americans who are “suspicious of centralized federal authority”;
  • Americans who are “reverent of individual liberty”;
  • People who “believe in conspiracy theories that involve grave threat to national sovereignty and/or personal liberty.”

This is a President who called for a “Civilian National Security Force” on July 2, 2008, one that would be “just as powerful, just as strong, just as well funded as the U.S. military.”

Obama is putting in force everything a tyranny requires to replace the Republic.

© Alan Caruba, 2012

Anarchists Coming to the RNC Convention

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By Dr. Rich Swier – The Republican National Convention will be held in Tampa, Florida from August 27-30, 2012 to select the Republican nominees for President and Vice-President. A coalition has formed under the banner March on the RNC to protest at the convention.

The coalition is made up of labor unions, anti-war groups, student groups and self-identified anarchists.

Endorsing organizations include: Occupy Pensacola, Occupy Tallahassee, Occupy Tampa and Occupy USF. David Graeber, American anthropologist and anarchist, in his column “Occupy Wall Street’s anarchist roots” states, “It was only on August 2, when a small group of anarchists and other anti-authoritarians showed up at a meeting called by one such group and effectively wooed everyone away from the planned march and rally to create a genuine democratic assembly, on basically anarchist principles, that the stage was set for a movement that Americans from Portland to Tuscaloosa were willing to embrace.”

David Graeber defines “anarchist principles” as: 1.) The refusal to recognise the legitimacy of existing political institutions; 2.) The refusal to accept the legitimacy of the existing legal order; 3.) The refusal to create an internal hierarchy, but instead to create a form of consensus-based direct democracy; and 4.) The embrace of prefigurative politics. The term “prefigurative politics” was first used by Wini Breines specifically with reference to the new left movements of the 1960s.

David Graeber in Fragments of an Anarchist Anthropology described “prefigurative politics” as:

“When protesters in Seattle chanted “this is what democracy looks like,” they meant to be taken literally. In the best tradition of direct action, they not only confronted a certain form of power, exposing its mechanisms and attempting literally to stop it in its tracks: they did it in a way which demonstrated why the kind of social relations on which it is based were unnecessary. This is why all the condescending remarks about the movement being dominated by a bunch of dumb kids with no coherent ideology completely missed the mark. The diversity was a function of the decentralized form of organization, and this organization was the movement’s ideology.”

Other March on the RNC endorsing groups include: Code Pink, Students for a Democratic Society including chapters from Tampa Bay, FL, Gainesville/University of Florida, Wright College SDS (Chicago), University of Wisconsin SDS (Milwaukee), University of Minnesota SDS (Twin Cities) and UNC Chapel Hill Students for a Democratic Society.

Code Pink has joined with the anti-Zionist and anti-Semitic Free Gaza movement and the Women Occupy movement. Code Pink was part of the 2012 Gaza Freedom March against Israel.

George Zimmerman and the Inalienable Right to Self-Defense

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George Zimmerman was released from custody on Friday after posting a $1 million bond. Mr. Zimmerman faces second-degree murder charges. He has invoked Florida Statue 776.012, known as the “Stand Your Ground” law, as the basis of his justification to shoot Trayvon Martin.

A stand-your-ground law states that a person may use force in self-defense when there is reasonable belief of a threat, without an obligation to retreat first. In some cases, a person may use deadly force in public areas without a duty to retreat. Under these legal concepts, a person is justified in using deadly force in certain situations and the “stand your ground” law would be a defense or immunity to criminal charges and civil suit. Florida statute 776.012 states:

Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

The right to self-defense has been addressed by the U.S. Supreme Court. In Beard v. U.S. (158 U.S. 550 (1895)) the SCOTUS found that a man who was “on his premises” when he came under attack and “…did not provoke the assault, and had at the time reasonable grounds to believe, and in good faith believed, that the deceased intended to take his life, or do him great bodily harm…was not obliged to retreat, nor to consider whether he could safely retreat, but was entitled to stand his ground.”

Justice Oliver Wendell Holmes, Jr. declared in Brown v. United States (256 U.S. 335, 343 (16 May 1921)), a case that upheld the “no duty to retreat” maxim, that “detached reflection cannot be demanded in the presence of an uplifted knife”.

The question is: Did Mr. Zimmerman use the necessary force to “prevent imminent death or great bodily harm to himself”?

The fact that Trayvon Martin was unarmed does not prevent the use of deadly force. The determination of “imminent death or great bodily harm” is determined by the person being attacked, not the attacker.

In a Fox News interview noted trial attorney Alan Dershotitz stated, “This affidavit submitted by the prosecutor in the Florida case is a crime. It’s a crime.”

“If she [Angela Cory, the Florida state attorney and special prosecutor who Gov. Rick Scott appointed to handle the case] in fact knew about ABC News’ pictures of the bloody head of Zimmerman and failed to include that in the affidavit, this affidavit is not the truth, the whole truth and nothing but the truth,” Dershowitz said. “It’s a perjurious affidavit.”

Even worse, Dershowitz warned that by overcharging Zimmerman, Cory may have planted the seed for riots if he is acquitted, as Dershowitz predicted will happen.

“If there are riots, it will be the prosecutor’s fault because she overcharged, raised expectations,” Dershowitz said. “This prosecutor not only may have suborned perjury, she may be responsible, if there are going to be riots here, for raising expectations to unreasonable levels.”

He said it is quite possible Zimmerman was guilty of a lesser charge, but the affidavit does not support a second-degree murder charge.

Florida Statute 776.012 allows defendants to make their self-defense case at a hearing presided over by a judge and without the use of a jury. If the judge deems self-defense was justified, the case can be dismissed without going to trial.

Florida Stand Your Ground Law:

2011 Florida Statutes CHAPTER 776 JUSTIFIABLE USE OF FORCE

776.012 Use of force in defense of person.—A person is justified in using force, except deadly force, against another when and to the extent that the person reasonably believes that such conduct is necessary to defend himself or herself or another against the other’s imminent use of unlawful force. However, a person is justified in the use of deadly force and does not have a duty to retreat if:

(1) He or she reasonably believes that such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or to prevent the imminent commission of a forcible felony; or
(2) Under those circumstances permitted pursuant to s. 776.013.

776.013 Home protection; use of deadly force; presumption of fear of death or great bodily harm.

(1) A person is presumed to have held a reasonable fear of imminent peril of death or great bodily harm to himself or herself or another when using defensive force that is intended or likely to cause death or great bodily harm to another if:

(a) The person against whom the defensive force was used was in the process of unlawfully and forcefully entering, or had unlawfully and forcibly entered, a dwelling, residence, or occupied vehicle, or if that person had removed or was attempting to remove another against that person’s will from the dwelling, residence, or occupied vehicle; and
(b) The person who uses defensive force knew or had reason to believe that an unlawful and forcible entry or unlawful and forcible act was occurring or had occurred.

(2) The presumption set forth in subsection (1) does not apply if:

(a) The person against whom the defensive force is used has the right to be in or is a lawful resident of the dwelling, residence, or vehicle, such as an owner, lessee, or titleholder, and there is not an injunction for protection from domestic violence or a written pretrial supervision order of no contact against that person; or
(b) The person or persons sought to be removed is a child or grandchild, or is otherwise in the lawful custody or under the lawful guardianship of, the person against whom the defensive force is used; or
(c) The person who uses defensive force is engaged in an unlawful activity or is using the dwelling, residence, or occupied vehicle to further an unlawful activity; or
(d) The person against whom the defensive force is used is a law enforcement officer, as defined in s. 943.10(14), who enters or attempts to enter a dwelling, residence, or vehicle in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person entering or attempting to enter was a law enforcement officer.

(3) A person who is not engaged in an unlawful activity and who is attacked in any other place where he or she has a right to be has no duty to retreat and has the right to stand his or her ground and meet force with force, including deadly force if he or she reasonably believes it is necessary to do so to prevent death or great bodily harm to himself or herself or another or to prevent the commission of a forcible felony.

(4) A person who unlawfully and by force enters or attempts to enter a person’s dwelling, residence, or occupied vehicle is presumed to be doing so with the intent to commit an unlawful act involving force or violence.

(5) As used in this section, the term:

(a) “Dwelling” means a building or conveyance of any kind, including any attached porch, whether the building or conveyance is temporary or permanent, mobile or immobile, which has a roof over it, including a tent, and is designed to be occupied by people lodging therein at night.
(b) “Residence” means a dwelling in which a person resides either temporarily or permanently or is visiting as an invited guest.
(c) “Vehicle” means a conveyance of any kind, whether or not motorized, which is designed to transport people or property.

776.032 Immunity from criminal prosecution and civil action for justifiable use of force.

(1) A person who uses force as permitted in s. 776.012, s. 776.013, or s. 776.031 is justified in using such force and is immune from criminal prosecution and civil action for the use of such force, unless the person against whom force was used is a law enforcement officer, as defined in s. 943.10(14), who was acting in the performance of his or her official duties and the officer identified himself or herself in accordance with any applicable law or the person using force knew or reasonably should have known that the person was a law enforcement officer. As used in this subsection, the term “criminal prosecution” includes arresting, detaining in custody, and charging or prosecuting the defendant.
(2) A law enforcement agency may use standard procedures for investigating the use of force as described in subsection (1), but the agency may not arrest the person for using force unless it determines that there is probable cause that the force that was used was unlawful.
(3) The court shall award reasonable attorney’s fees, court costs, compensation for loss of income, and all expenses incurred by the defendant in defense of any civil action brought by a plaintiff if the court finds that the defendant is immune from prosecution as provided in subsection (1).

776.041 Use of force by aggressor. —The justification described in the preceding sections of this chapter is not available to a person who:

(1) Is attempting to commit, committing, or escaping after the commission of, a forcible felony; or
(2) Initially provokes the use of force against himself or herself, unless:

(a) Such force is so great that the person reasonably believes that he or she is in imminent danger of death or great bodily harm and that he or she has exhausted every reasonable means to escape such danger other than the use of force which is likely to cause death or great bodily harm to the assailant; or
(b) In good faith, the person withdraws from physical contact with the assailant and indicates clearly to the assailant that he or she desires to withdraw and terminate the use of force, but the assailant continues or resumes the use of force.

FL Educators’ Reaction to Low Student Writing Scores: Kill the Messenger

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The 2012 Florida Comprehensive Achievement Test (FCAT) results are out for writing. According to the Tampa Bay Times, “Preliminary results released Monday indicate that just 27 percent of fourth-graders earned a passing score of 4.0 or better (out of 6) on the writing test. A year ago, 81 percent scored 4.0 or better. The outcomes were similar for eighth- and 10th-graders.”

So what do Florida’s professional educators say about these preliminary results? 

The attacks are nearly unanimous that the testing company got it wrong and that tests are harmful and should be disregarded. Governor Rick Scott’s newly appointed Commissioner of Education wants to lower the standards for passing the test. The Tampa Bay Times reports, “On Monday, Education Commissioner Gerard Robinson proposed reducing the FCAT writing passing score from 4.0 to 3.5. Under that standard, 48 percent of fourth-graders would have passed the test with a 3.5 or better, along with 52 percent of eighth-graders and 60 percent of 10th-graders.” The FCAT passing score has since been lowered “temporarily”.

Governor Scott released this statement about the dismal writing test scores: “Our students must know how to read and write, and our education system must be able to measure and benchmark their progress so we can set clear education goals. The significant contrast in this year’s writing scores is an obvious indication that the Department of Education needs to review the issue and recommend an action plan so that our schools, parents, teachers and students have a clear understanding of the results.” I hope Governor Scott understands that lowering the standards does not improve student performance in reading, math or writing.

Some say this is akin to saying that because most airline pilots cannot pass the annual flight exam it is good policy to lower the standards so that more pilots pass. 

Community leaders such as former Sarasota City Mayor David Merrill have been saying Florida students are not performing well on standardized tests. One of the best tools for measuring performance is a standardized test. Tests are used in every aspect of daily lives be it in education, professional development, business or medicine. Standardized tests, when properly developed and implemented, measure subject matter knowledge and performance. To not measure performance can be harmful to the individual and eventually to their prosperity.

David Merrill, former Mayor of Sarasota and Harvard Business School graduate, looked at FCAT scores for Sarasota County, Florida. David, in a July 2011 letter to the Sarasota County School Board, stated:

“I have recently provided several analyses that compared the Sarasota School District’s performance on FCAT tests to other school districts in Florida, and these analyses formed the basis of my conclusion that Sarasota’s school district has performed poorly over the past 9 years of FCAT data, especially when we consider the hundreds of millions dollars in extra taxes that we have paid in order to have a top district. Our school district has been near the very top of the ladder for spending, and yet the test scores for our black and Hispanic students are near the bottom of the scores for their racial subgroups, and during that time our white students have scored only a little better than the average for all white students in Florida.” [Emphasis mine]

So what is the response of Superintendent Lori White to the release of lower writing scores? The Sarasota Herald-Tribune reports, “Districts were notified in a memo last summer to expect more emphasis on grammar, punctuation and spelling. But teachers were not told how much weight that would receive, said Sarasota County Schools Superintendent Lori White. ‘I don’t understand how the scoring could be done in such a way to cause such a decline in proficiency levels,’ she said.”

Sample of FCAT student writing.

Superintendent White knew about the change in standards, has more money than any other district in Florida due to passage of a $1 million tax providing the district with over $35 million more each year since 2002 and says she does not understand the problem.

Grammar, punctuation, sentence structure and conventions have not been a priority in education for decades and now we are seeing the results – students who cannot write with any coherence. Just look at the writing example contained in this column to understand just how bad the situation really is. If I were a parent and read this essay from my son or daughter I would be outraged. This cannot continue. Blaming the test is not the answer. It is time for serious introspection. It is time for teachers to be given the full ability and responsibility to teach. Time to empower parents to pick what their children learn, not education bureaucrats in some distant state capitol or ivy covered university.

It is past the time to teach our children how to learn so they may be prosperous no matter what they decide to do in their lives.

FL Primary Voting Registration Ends July 16, 2012

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With a primary election approaching, here is voter information from the Sarasota County Supervisor of Elections office:

In order to register to vote in Florida, you must:

  • Be a citizen of the United States of America
  • Be a Florida resident
  • Be 18 years old (A person who is otherwise qualified may preregister on or after his/her 16th birthday and may vote in any election on or after his/her 18th birthday.)
  • Not now be adjudicated mentally incapacitated with respect to voting in Florida or any other state
  • Not have been convicted of a felony without your right to vote having been restored
  • Provide your current and valid Florida driver license number or Florida identification card number. You must provide the last four of your Social Security number if you do not have a Florida driver license number or a Florida identification card number. If you have not been issued any of these items, you must write “NONE” in the box indicated on the Voter Registration Application.

How to Apply to Register to Vote

  • Fill in the Voter Registration Application online. If you wish, you can print the application and write your information in with a black ballpoint pen.
  • For the Voter Registration Online Application in Spanish select this link.
  • Print the application out.
  • Verify that all the information on your application is complete. The office where you register, your decision not to register, your Social Security number, Florida driver license number and Florida ID card number will remain confidential and will be used only for voter registration purposes.
  • Sign your application. The application requires an original signature because you are swearing to or affirming an oath.
  • Mail your application to your county supervisor of elections. (Requires first class postage stamp.) You may also hand-deliver the application to any supervisor of elections office in the state, a driver license office, a voter registration agency or armed forces recruitment office, or to the Division of Elections.
  • If your application is complete and you qualify as a voter, the supervisor of elections will mail you a voter information letter as official notification that you are registered to vote. Make sure all of the information in your letter is correct. If you do not receive a confirmation letter within 8 weeks, or if you have any questions, call your supervisor of elections.

NOTE: You must be registered for at least 29 days before you can vote in an election.

If the information on the application is not true, the applicant can be convicted of a felony of the third degree and fined up to $5,000 and/or imprisoned for up to 5 years.

Over 140 New Florida Laws Took Effect on July 1, 2012

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As of July 1, 2012 over 140 new Florida laws took effect. To view a complete list of the new laws click here.

The following are some of the laws passed during the 2012 session and now in effect.

HB 7127 Relating to School Improvement and Education Accountability – Education Committee

School Improvement and Education Accountability: Revises provisions relating to implementation of public school improvement, including use of school improvement plans, corrective actions, intervention & support strategies, & school turnaround options; revises provisions relating to school grading system. Effective Date: July 1, 2012

HB 7087 Relating to Economic Development – Finance & Tax Committee

Economic Development: Provides exemption from intangible tax for lessees performing governmental, municipal, or public purpose or function; establishes funding source for H. Lee Moffitt Cancer Center & Research Institute from portion of cigarette tax collections; establishes purposes for which funding to H. Lee Moffitt Cancer Center & Research Institute may be used; revises excise tax rates levied upon each ton of phosphate rock severed; defines term “mature field recovery oil” & applies to such oil tiered severance tax rates applicable to tertiary oil; provides exemption from tax on sales, use, & other transactions for electricity used by packinghouses; expands exemptions from sales & use tax on labor, parts, & equipment used in repairs of certain aircraft; provides exemption from tax on sales, use, & other transactions for sale or lease of accessible taxicabs; revises eligibility criteria for tax credits under Urban High-Crime Area Job Tax Credit Program; increases amount of income that is exempt from franchise tax imposed on banks & savings associations, etc. Effective Date: July 1, 2012

HB 7059 Relating to Acceleration Options in Public Education – K-20 Innovation Subcommittee

Acceleration Options in Public Education; Provides for Academically Challenging Curriculum to Enhance Learning (ACCEL) options to provide eligible public school students educational options that provide academically challenging curriculum or accelerated instruction; requires school district to adopt policy for early graduation; provides for career-themed courses; revises provisions relating to articulated acceleration mechanisms & dual enrollment programs; provides requirements for development & contents of school district & Florida College System institution articulation agreement; requires comprehensive student progression plan to include information on accelerated educational options; provides reporting requirements for student funding; provides for calculation of additional FTE membership based on completion of career-themed courses & early graduation. Effective Date: July 1, 2012

HB 7003 Relating to Environmental Resource Permitting – Agriculture & Natural Resources Subcommittee

Environmental Resource Permitting; Requires DEP, in coordination with water management districts, to develop statewide resource permitting rules for activities relating to management & storage of surface waters; preserves exemption from causes of action under “Bert J. Harris, Jr., Private Property Rights Protection Act”; provides exemption from Administrative Procedure Act; requires counties, municipalities, & delegated local pollution control programs to amend ordinances & regulations; provides applicability, effect, & repeal of specified rules; provides presumption of compliance for certain stormwater management systems; provides exemptions for specified stormwater management systems & permitted activities. Effective Date: July 1, 2012

HB 5701 Relating to Taxation – Finance & Tax Committee

Taxation: Requires that deductions for cost of collecting & enforcing documentary stamp tax & for specified service charge be available for payment of certain obligations secured by such tax revenues with respect to bonds authorized before specified date; provides for collection of allowances of amount of tax due by persons who file returns only by electronic means & pay amount due on such returns only by electronic means; adopts 2012 version of Internal Revenue Code for purposes of ch. 220, F.S.; changes filing date for estimated tax under certain circumstances; requires DOR to provide adequate notice to affected taxpayers relating to earlier due dates for making estimated payment, etc. Effective Date: July 1, 2012