On Sarah Palin

The irreplaceable Billmon, (now back at Kos after far too long an absence) weighs in on the Republican nomination of Alaska Governor Sarah Palin as John McCain's running mate:

...McCain has picked a 44-year-old ex-mayor, with a grand total of two years of gubernatorial experience, in a state with a population of less than 700,000 (and a sane population that's quite a bit smaller than that) and wants the voters to put her the proverbial heartbeat away from the presidency.

This doesn't exactly jibe with McCain's brand image as the candidate who will keep America "safe" -- not for a 72-year old man who's had repeated bouts with skin cancer.
Whether and when and how the Obama campaign decides to "go at" Palin will be an interesting test of their political instincts and their skill with the propaganda knife. Can they define and demolish her without turning into the bullies, picking on a delicate flower of Caucasian Christian womanhood? Or will they just let Sarah be Sarah, and see what falls out of the Alaskan corruption and craziness tree? Stay tuned.

But, the politics of it aside, by picking a woman as his running mate McCain has performed at least one service: He's made it possible to precisely calibrate just how far behind the curve of history the Republicans really are -- and it's 24 years, the exact length of time since the Democrats put the first woman on a presidential ticket.

John McCain: the Republican answer to Walter Mondale.

I definitely like the ring of that.

For my part, I think the Palin nomination, while truly cynical and almost desperately pandering, should not be underestimated.

It will change the narrative of the coming Presidential election.

By implicitly embracing themes of gender equality and generational renewal, the McCain-Palin ticket is now well-positioned to credibly speak from the right - the very far right, apparently - in the progressive dialogue that began in the Clinton-Obama primary race.

And while the McCain camp has, with this nomination, absolutely sucked any remaining utility from its own argument that Barack Obama lacks the experience to lead, that ill-formed posture probably didn't have winning legs, in any event.

It would have been difficult before the Palin announcement to imagine any John McCain-led Republican ticket as presenting even an arguable alternative for modernity and change. The Palin nomination has at very least accomplished that incredible feat.

As a result, "four more years of the last eight years" will probably no longer cut it as the Democratic campaign mantra. (That's probably a good thing - if the polls are accurate, it certainly hasn't been resonating with the electorate)

But let's face it, while Governor Sarah Palin may be many things...

She sure is no Dick Cheney.

And that's a change even I can embrace.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Barack Obama's DNC Speech - Video

For those who missed it, here is Barack Obama's acceptance speech last evening in Denver:

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Quoteworthy

Law Society of Upper Canada bencher Robert Aaron, on new U.S. border regulations that allow search and seizure of electronic devices that may contain solicitor-client privileged materials:

A newly announced policy of the United States Department of Homeland Security presents a significant threat to the solicitor-client confidentiality to which Canadians are entitled.

The threat arises when a Canadian lawyer travels to the United States with his or her laptop computer, cellphone, BlackBerry, flash drive, or any other written or recorded information or client files — even if the lawyer is only on holiday. The same threat occurs when a client travels across the border in possession of similar communications to or from his or her lawyer.

...My intuition tells me that the contents of my laptop and BlackBerry are better shielded from prying government eyes when I take it to communist Cuba than when I drive across the border to Buffalo.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

The "Secret" is Out... Lawyers Use the Internet

It's hardly breaking news, but as a top-line overview of the numerous web-based resources lawyers now employ in our daily routines, I think this article from the Vancouver Sun is timely.

See: The Internet has become indispensible to the legal world.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Privacy Concern Over Police GPS Use

A Washington Post article considers the privacy implications of increasing use of GPS technology by U.S. police in investigative pursuits:

Across the country, police are using GPS devices to snare thieves, drug dealers, sexual predators and killers, often without a warrant or court order. Privacy advocates said tracking suspects electronically constitutes illegal search and seizure, violating Fourth Amendment rights of protection against unreasonable searches and seizures, and is another step toward George Orwell's Big Brother society. Law enforcement officials, when they discuss the issue at all, said GPS is essentially the same as having an officer trail someone, just cheaper and more accurate. Most of the time, as was done in the Foltz case, judges have sided with police.

Wth the courts' blessing, and the ever-declining cost of the technology, many analysts believe that police will increasingly rely on GPS as an effective tool in investigations and that the public will hear little about it. Last year, FBI agents used a GPS device while investigating an embezzlement scheme to steal from District taxpayers, attaching one to a suspect's Jaguar.

...Barry Steinhardt, director of the American Civil Liberties Union's technology and liberty program, considers GPS monitoring, along with license plate readers, toll transponders and video cameras with face-recognition technology, part of the same trend toward "an always-on, surveillance society."

"Things that would have seemed fantastic 15 years ago are now routine," he said. "We have to rethink what is a reasonable expectation of privacy."

So far, the U.S. Supreme Court has not weighed in on unwarranted GPS tracking, but supporters point to a 1983 case that said police do not need a warrant to track a car on a public street with a beeper, which relays the car's location to police.

Lower courts that have addressed the issue have not all agreed. The Washington state Supreme Court has ruled that police must obtain a warrant to use the device in that manner, but courts in New York, Wisconsin and Maryland, and the U.S. Court of Appeals for the 7th Circuit in Chicago, have held that a warrant is not necessary.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Explosions Rock Toronto: Fires Reported at Keele/Wilson

Explosions loud enough to shake our residence kilometers away were heard in Toronto at 3:45 a.m. Sunday morning.

Radio reports indicate that evacuations in the neighbourhood are ongoing, after a reported series of explosions at a propane depot that were "lighting up the sky like fireworks."

Beyond that, media reports are skimpy.

Police officers blockading the northbound Allen Road confirmed the resulting fireballs. The explosions, numbering in the dozens, continued well in excess of an hour following the initial boom.

There are no reports of injuries at this time (5:30 a.m.)

- Garry J. Wise, Toronto

UPDATE - 6:35 a.m. - 680 News now reports "numerous injuries" to residents near the Murray Road propane depot that has experienced a series of ongoing explosions.

A company known as Sunrise Propane is listed at 54 Murray Road. No confirmation is available regarding the specific location of the fire, however.

A YouTube video claims to contain footage of the explosion:

CBC News has more:

• Massive fire at Toronto propane depot forces thousands to flee
• Residents say propane facility should never have been allowed

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG

Anthrax Questions Unanswered

Iowa's Republican Senator, Charles Grassley, poses some very penetrating questions in this letter to U.S. Attorney General Michael B. Mukasey and F.B.I. Director Robert S. Mueller regarding the FBI's investigations into the 2001 Anthrax letter attacks:

Dear Attorney General Mukasey and Director Mueller:

Thank you for ensuring that Congressional staff received an advanced briefing yesterday of the information released to the public in the Amerithrax investigation. The three affidavits provided represent an important, but small first step toward providing Congress and the public a full accounting of the evidence gathered by the FBI.

At yesterday's briefing, Justice Department and FBI officials invited follow-up questions after there had been time to read the affidavits. Indeed, there are many important questions to be answered about the FBI's seven-year investigation, the basis for its conclusion that Dr. Bruce Ivins conducted the attacks alone, and the events leading to his suicide. To begin this inquiry, please provide complete and detailed answers to the following questions:

1. What is the date (month and year) that the FBI determined that the anthrax came from a specified flask in Ivins's lab ("RMR-1029")?

2. When (month and year) did the FBI determine that Dr. Hatfill never had access to the anthrax used in the killings?

3. How did the FBI determine that Dr. Hatfill did not have access to the anthrax used in the killings? Was that because the FBI determined that Dr. Hatfill no longer worked at USAMRIID when the powder was made.

4. Was Dr. Hatfill or his counsel informed that Dr. Hatfill had been cleared of any involvement in the anthrax killings before the Department of Justice offered a settlement to him? Was he informed before signing the settlement agreement with him? If not, please explain why not.

5. Was Judge Walton (the judge overseeing the Privacy Act litigation) ever informed that Dr. Hatfill had been eliminated as a suspect in the anthrax killings? If so, when. If not, please explain why not.

6. Was Dr. Ivins ever polygraphed in the course of the investigation? If so, please provide the dates and results of the exam(s). If not, please explain why not.

7. Of the more than 100 people who had access to RMR 1029, how many were provided custody of samples sent outside Ft. Detrick? Of those, how many samples were provided to foreign laboratories?

8. If those with access to samples of RMR 1029 in places other than Ft. Detrick had used the sample to produce additional quantities of anthrax, would that anthrax appear distinguishable from RMR 1029?

9. How can the FBI be sure that none of the samples sent to other labs were used to create additional quantities of anthrax that would appear distinguishable from RMR 1029?

10. Please describe the methodology and results of any oxygen isotope measurements taken to determine the source of water used to grow the spores used in the anthrax attacks.

11. Was there video equipment which would record the activities of Dr. Ivins at Ft. Detrick on the late nights he was there on the dates surrounding the mailings? If so, please describe what examination of the video revealed.

12. When did the FBI first learn of Dr. Ivins' late-night activity in the lab around the time of the attacks? If this is powerful circumstantial evidence of his guilt, then why did this information not lead the FBI to focus attention on him, rather than Dr. Hatfill, much sooner in the investigation?

13. When did the FBI first learn that Dr. Ivins was prescribed medications for various symptoms of mental illness? If this is circumstantial evidence of his guilt, then why did this information not lead the FBI to focus attention on him, rather than Dr. Hatfill, much sooner in the investigation? Of the 100 individuals who had access to RMR 1029, were any others found to suffer from mental illness, be under the care of a mental health professional, or prescribed anti-depressant/anti-psychotic medications? If so, how many?

14. What role did the FBI play in conducting and updating the background examination of Dr. Ivins in order for him to have clearance and work with deadly pathogens at Ft. Detrick?

15. After the FBI identified Dr. Ivins as the sole suspect, why was he not detained? Did the U.S. Attorney's Office object to seeking an arrest or material witness warrant? If not, did anyone at FBI order a slower approach to arresting Ivins?
16. Had an indictment of Dr. Ivins been drafted before his death? If so, what additional information did it contain beyond the affidavits already released to the public? If not, then when, if ever, had a decision been made to seek an indictment from the grand jury?

17. According to family members, FBI agents publicly confronted and accused Dr. Ivins of the attacks, showed pictures of the victims to his daughter, and offered the $2.5 million reward to his son in the months leading up to his suicide. These aggressive, overt surveillance techniques appear similar to those used on Dr. Hatfill with the apparent purpose of intimidation rather than legitimate investigation. Please describe whether and to what degree there is any truth to these claims.

18. What additional documents will be released, if any, and when will they be released?

Please provide your responses in electronic format. Please have your staff contact (202) 224-4515 with any questions related to this request.

Sincerely,

The above letter was posted at TPM Muckraker, which has been following this story quite closely and is delivering excellent coverage.

- Garry J. Wise, Toronto

Visit our Toronto Law Firm website: www.wiselaw.net

EMPLOYMENT LAW • CIVIL LITIGATION • WILLS AND ESTATES • FAMILY LAW & DIVORCE

ORIGINALLY POSTED AT WISE LAW BLOG • SUBSCRIBE TO WISE LAW BLOG