Blogger’s Incarceration Raises First Amendment Questions

This is pretty frightening. While the blogger in question might very well be untruthful, rude, defaming people’s character, and certainly vindictive and inflaming, imprisoning him is an even more dangerous precedent. It should scare the pants off of anyone that is an advocate of free speech. While we might detest things that some people say, their right to show themselves as being fools is something that we should all cherish. Thoughts on this article would be deeply appreciated.

Blogger’s Incarceration Raises First Amendment Questions

By JAN. 11, 2014

BIRMINGHAM, Ala. — For over six years, Roger Shuler has hounded figures of the state legal and political establishment on his blog, Legal Schnauzer, a hothouse of furious but often fuzzily sourced allegations of deep corruption and wide-ranging conspiracy. Some of these allegations he has tested in court, having sued his neighbor, his neighbor’s lawyer, his former employer, the Police Department, the Sheriff’s Department, the Alabama State Bar and two county circuit judges, among others. Mostly, he has lost.

But even those who longed for his muzzling, and there are many, did not see it coming like this: with Mr. Shuler sitting in jail indefinitely, and now on the list of imprisoned journalists worldwide kept by the Committee to Protect Journalists. There, in the company of jailed reporters in China, Iran and Egypt, is Mr. Shuler, the only person on the list in the Western Hemisphere.

A former sports reporter and a former employee in a university’s publications department, Mr. Shuler, 57, was arrested in late October on a contempt charge in connection with a defamation lawsuit filed by the son of a former governor. The circumstances surrounding that arrest, including a judge’s order that many legal experts described as unconstitutional and behavior by Mr. Shuler that some of the same experts described as self-defeating posturing, have made for an exceptionally messy test of constitutional law.

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Posts on Roger Shuler’s blog, Legal Schnauzer, have prompted many defamation suits. His refusal to cooperate in one recent case has led to his being jailed since October and has drawn international attention. Shelby County Jail

“You’ve got a situation where sometimes there’s no good guys,” said Ken White, a former federal prosecutor in Los Angeles who writes about and practices First Amendment law.

Mr. Shuler is no stranger to defamation suits, as one might surmise from reading his blog. He started it in 2007 to document a property dispute with his neighbor that blew up into a legal war and ended with the neighbor’s lawyer becoming a part-owner of Mr. Shuler’s house, which is in Birmingham. Later, the blog branched out to expose what he alleged were the corrupt machinations of powerful figures, mostly Republicans, and with a particular animus toward former Gov. Bob Riley.

His allegations are frequently salacious, including a recent assertion that a federal judge had appeared in a gay pornographic magazine and a theory that several suicides were actually a string of politically motivated murders. Starting in January 2013, Mr. Shuler, citing unidentified sources, began writing that Robert Riley Jr., the son of the former governor, had impregnated a lobbyist named Liberty Duke and secretly paid for an abortion. Both denied it, and Ms. Duke swore in an affidavit that they had never even been alone in the same room.

In July, Mr. Riley and Ms. Duke sought an injunction in state court against such posts, citing Mr. Shuler and his wife, Carol, in defamation suits. A judge issued a temporary restraining order in September barring the Shulers from publishing “any defamatory statement” about Mr. Riley and Ms. Duke and demanding that the offending posts be immediately removed.

Such a sweeping order struck some lawyers as far too broad, and Mr. Shuler says he did not even know about it.

The Shulers refused to answer the door when officials came to serve court papers, stating their suspicions in blog posts that the visits were part of an “intimidation and harassment campaign” stemming from the reporting on another topic.

One afternoon as the Shulers drove to the local library, where Mr. Shuler had been writing his blog since they could no longer pay for their Internet connection, a member of the Sheriff’s Department pulled them over, saying they had run a stop sign. The officer then served them the papers, which the Shulers refused to accept, contending that service under such a pretext was improper.

“We were both throwing the papers out of the windows as we were driving off,” Ms. Shuler said in an interview.

The Shulers missed a hearing the next day, and the restraining order was superseded by a similarly worded preliminary injunction, which some free-speech advocates saw as a clear violation of Mr. Shuler’s First Amendment rights.

“It seems to me that the judge’s order was really way out of bounds,” said David Gespass, a civil rights lawyer in Birmingham, who was further troubled by the judge’s initial decision to keep the case under seal.

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Carol Shuler in the basement of her home in Birmingham, Ala. She is facing the same defamation suit that has her husband, Roger, in jail on a contempt charge. Cary Norton for The New York Times

Mr. Shuler continued blogging. On Oct. 23, the police followed Mr. Shuler as he pulled into his driveway, arrested him in his garage and took him to jail on charges of contempt and resisting arrest.

In the hyperpartisan corners of the blogosphere where Mr. Shuler was already known, there was shock. Even some of his dedicated foes were alarmed.

The National Bloggers Club, a group led by the Republican activist Ali Akbar, who has also threatened to sue Mr. Shuler for defamation, released a statement condemning Mr. Shuler’s “rumormonger cyberbullying” but also criticizing the injunction as creating a potential chilling effect on blogging.

The state chapter of the American Civil Liberties Union filed a “friend of the court” brief, and the Reporters Committee for Freedom of the Press sent a letter to the judge.

On Nov. 14, the judge held a hearing, and Mr. Shuler, who was representing himself, took the stand, insisting that the court had no jurisdiction over him and calling the court a joke. The judge decided that the hearing had “served as a trial on the merits” and made his final ruling: Mr. Shuler was forbidden to publish anything about Mr. Riley or Ms. Duke involving an affair, an abortion or payoffs; was to pay them nearly $34,000 for legal fees; and was to remove the offending posts or remain in jail.

Mr. Riley said Mr. Shuler’s refusal to engage with the legal process had given the judge the leeway to make a final ruling.

“If someone can continually ignore the judge just by saying, ‘You don’t have jurisdiction over me,’ then the whole system breaks down,” Mr. Riley said, adding that Mr. Shuler could not plead ignorance of the legal process. “This is not the first time Roger Shuler has been in court.”

But Mr. White and others say that before a judge can take the step of banning speech, libel must be proved at trial, or at least over a litigation process more involved than a quick succession of hearings, with the only evidence presented by the plaintiffs.

“Idiocy is not a zero-sum game,” Mr. White said. “I think you can say that what the court is doing is unconstitutional and troublesome and also that Shuler is his own worst enemy.”

So while the furor has all but dissipated, Mr. Shuler remains in jail, unwilling to take down his posts but also unwilling to hire a lawyer and contest his incarceration in the state courts.

“This is flat-out court corruption, and it’s criminal,” he said in an interview from prison.

His wife spoke of collecting damages when this is over, but Mr. Shuler is thinking beyond civil remedies this time: He is planning to bring federal criminal charges against the judge.

Obama Administration: “Heads I win, tails you lose”

Headquarters of the National Security Agency

The Department of Justice regards American citizens as “nothing more than rabble,” charges the attorney who won a legal challenge to the National Security Agency’s spy-on-Americans program called PRISM.

The DOJ moved Wednesday to block the plaintiffs in the case brought by attorney Larry Klayman, founder of FreedomWatch, against the NSA’s telephone call-tracking program.

In its motion filed with U.S. District Judge Richard Leon, who earlier issued an injunction against the spy program and called it “Orwellian,” the government is asking that the judge halt any further proceedings while an appeals court examines the ruling that said the government was violating the Constitution.

Klayman said the move wasn’t exactly a surprise in light of the government’s spying on Americans and its reluctance to provide information about the programs.

“This is a further attempt to keep information about the biggest violation of the Constitution in American history from the American people. It’s an outrage,” he said.

He said the Obama administration has the perspective of “heads I win, tails you lose,” and its attitude is: “We control all the information and the American people be damned. They don’t have rights.”

Klayman said he already had requested a status conference on the case, asking the court how to proceed with discovery in preparation for trial.

The government move reveals its true attitude, he said.

“It’s important for the American people to see how the government treats them and views them. We’re nothing more than rabble,” he said.

Politico reported on the government’s motion, which argued: “Further litigation of plaintiffs’ challenges to the conduct of these programs could well risk or require disclosure of highly sensitive information about the intelligence sources and methods involved – information that the government determined was not appropriate for declassification when it publicly disclosed certain facts about these programs.”

The information actually was disclosed when former NSA contractor Edward Snowden leaked details of the program.

The DOJ argued that if the litigation proceeds, “it will ultimately become necessary to conclusively determine, as a factual matter, whether plaintiffs have established their standing to challenge NSA’s alleged interception of the content of their communications, and collection of metadata about those communications.”

“Further litigation of this issue could risk or require disclosure of classified national security information, such as whether plaintiffs were the targets of or subject to NSA intelligence-gathering activities, confirmation or denial of the identities of the telecommunications service providers from which NSA has obtained information about individuals’ communications, and other classified information.”

But that’s exactly the point of his lawsuits, Klayman says: to find out the details of the programs and whether the government, in its alleged pursuit of information about terror activities, has been violating the constitutional assurances of Americans’ privacy.

The government is alarmed at that aim.

“Plaintiffs have indicated in their pleadings (and during argument on their motions for preliminary injunctions) that they intend to pursue discovery to obtain ‘full disclosure and a complete accounting’ of what the government defendants (and other defendants in these cases ‘have done [or been] allowed to do’ in connection with the challenged NSA intelligence programs; ‘identification of any and all ‘targets’ subject to defendants’ surveillance’ and production of ‘all other relevant reports, risk assessments, memoranda, and other documents,’” the government said.

But the Obama administration said it had to keep all that information secret or risk “exceptionally grave damage to national security.”

DOJ lawyers said they would oppose allowing Klayman or anyone else “access to classified information.”

The DOJ is asking Leon to halt proceeding while there are appeals of his ruling that the government likely is violating Fourth Amendment.

The government apparently doesn’t want to release any information, even if that’s the case.

“Even if the mere collection of information about plaintiffs’ communications constitutes a Fourth Amendment search … conclusively resolving the reasonableness of that search ultimately could risk or require disclosure of exceptionally sensitive and classified intelligence information regarding the nature and scope of the international terrorist threat to the United States, and the role that the NSA’s intelligence-gathering activities have played in meeting that threat,” government attorneys warn.

Josh Gerstein at Politico noted: “Klayman’s past litigation has been known for being as impactful and sometimes more impactful in the discovery phase, where lawyers demand documents and conduct depositions, as in its ultimate outcome. So, the government’s desire to head that process off for now, and perhaps entirely, is understandable.”

WND reported just days ago that several states are working on plans to resist the NSA operations, strategizing on ways to make the information unusable even if the NSA collects it.

According to the Tenth Amendment Center, lawmakers in Missouri are proposing to amend their state constitution. Their plan would add “and electronic communications and data” to the provision that provides privacy and security for residents.

If changed by voters, it would read: “That the people shall be secure in their persons, papers, homes [and], effects, and electronic communications and data, from unreasonable searches and seizures; and no warrant to search any place, or seize any person or thing, or access electronic data or communication, shall issue without describing the place to be searched, or the person or thing to be seized, or the data or communication to be accessed, as nearly as may be; nor without probable cause, supported by written oath or affirmation.”

The Joint Resolution, pending before the state Senate, proposes allowing Missouri voters to decide next November whether or not to amend their constitution.

According to the Tenth Amendment Center, federal judges and lawyers may squabble over the constitutionality of the NSA data-gathering, but lawmakers could make it impossible for any information obtained to be used in those states.

In Kansas, Rep. Brett Hildabrand, R-Shawnee, prefiled a bill that would “ban all state agencies and local governments in the state from possessing data ‘held by a third-party in a system of record’ and would prohibit any such information from being ‘subject to discovery, subpoena or other means of legal compulsion for its release to any person or entity or be admissible in evidence in any judicial or administrative proceeding.’”

The access the data, under the bill, government would be required to obtain “express informed consent” or a warrant.

In Kansas, it’s called the Fourth Amendment Protection Act.

“I want to make sure that electronic privacy in Kansas is protected in the same way that physical letters in the mail are protected from random government searches,” Hildabrand told the center. “Each day, we hear a new revelation about how the NSA is violating our personal privacy. My bill will ensure the state of Kansas doesn’t utilize this illegally obtained data.”
Read more at http://mobile.wnd.com/2014/01/obama-moves-to-block-nsa-slayers-lawsuit/#Ru2FgeMfYVWafTbI.99

Is there any more sovereignty that can be destroyed?

The answer is, Yes. Like everything else, the US Constitution is Void where prohibited by “Law”. The Trans Pacific Partnership isn’t beneficial for the US or even the other nations. It destroys sovereignty and individual national identities and that is the dominant desire of the WTO. To harmonize and standardize all nations into the same level of abject poverty and incapacity to provide for ourselves. They just use these trade agreements to accomplish these means.

Here is an excellent overview and suggested action article on the TPP:

1-10-2014 11-54-55 AM

http://www.activistpost.com/2014/01/no-brainer-course-in-derailing-tpp.html

By Heather Callaghan

If you don’t know what it is yet – that means it’s working. The secrecy, that is. But once Pandora’s Box is opened, there’s no putting anything back. It will go down in history as one of the worst, oppressive plagues to saturate the planet.

Like Spider Man trying to stop a train from going over with nothing but his strength and shooting threads; we are going to need all the Web we can get to stop the fast-tracking Trans-Pacific Partnership from running over us. Perhaps more aptly, it is a tangled web we’ll be left trapped in as prey if we do nothing.

Here’s a crash-course and the easiest approach – all guesswork removed. But first, here’s a sampling of what you can kiss goodbye if this mammoth piece of legislation goes through…

What’s left of our jobs, food safety, Internet freedom, natural medicine, small farming, choice in medicine, financial regulation, privacy and more. Basically, all your rights. It permeates every area of your life, it’s been ramrodded through the Senate, and the media is not saying anything. It grants the likes of Monsanto, Wall Street and other huge entities full reign with immunity.

Kiss any last American sovereignty goodbye and say hello to your new global crypto-corpocracy complete with international tribunals and the end of domestic law – from your newly refurbished prison cell, of course. After all, you clicked on the wrong Internet link! And your ISP was watching and reported you. In the near future, this article could be enough to jail me, ban my whole family from the Internet, have computers seized and delete the website. No more videos that piece other clips together, or anything that hints at “infringement,” no more fair use, so no more non-corporate news.

It’s been shrouded in secrecy, especially from the People and Congress, planned behind closed doors for years, and proponents are searching for sponsors to have the President push it through now that Congress is back from recess.

The Trans-Pacific Partnership n. 1. A “free trade” agreement that would set rules on non-trade matters such as food safety, internet freedom, medicine costs, financial regulation, and the environment. 2. A binding international governance system that would require the United States, Australia, Brunei, Canada, Chile, Japan, Malaysia, Mexico, New Zealand, Peru, Singapore, Vietnam, and any other country that signs on to conform their domestic policies to its rules. 3. A secret trade negotiation that has included over 600 official corporate “trade advisors” while hiding the text from Members of Congress, governors, state legislators, the press, civil society, and the public.

Here’s your crash course link on the TPP. You’ll be ready for take-off in no time. They’ve made it that simple:

Expose the TPP

After being mind-blown and catching your breath, you can do the absolute easiest thing there is to do by using Twitter with the hashtag #NOFastTrackTPP (but wait, there’s more).

Don’t use social media? No problem, scroll down. For social media users, here are the easiest things you can do, besides sharing memes and links on Facebook. Share things to Reddit andStumbleUpon. Everyone should call their reps (below).

See the Twitter storm event – still going. Pull any memes – share. Only use this hashtag for social media:  #NOFastTrackTPP. Using other hashtags and adding more will split the trends.

Next, Tweet your little heart out to your reps and others. Easily find them by clicking the “Discover” button and typing “congressman” in the search. All their Twitter names appear. Find celebrities, they often re-tweet. Example: @repfitzpatrick or @RepBera

Example Tweet:

@RepBera NO to Fast Track Authority and TPP, or we will not re-elect!! ‪#‎NoFastTrackTPP

Here’s another: “Do NOT sponsor FastTrack! Vote NO on TPP! ‪#‎NoFastTrackTPP”

Some reps have stood against the TPP, so first you might want to see this:

Spank or Thank?

– OR –

Use a general message for everyone: “I will NEVER support the Trans-Pacific Partnership#NOFastTrackTPP”

Want to jump into the Twitter storm? Easy. Sign up at Twitter, it runs you through a few-second tour and you can figure out the rest, see Help, or ask friends. Use the hashtag #NOFastTrackTPP on Facebook statuses.

Non-Social Media Users:

Find all your representatives’ info/forms in one-click. Just click on your state:
Contacting the Congress

Or use this:
Call President Obama: 202-456-6213
Call your Representative: 202-225-3121
or Toll Free (877) 762-8762

E A S Y  S C R I P T:
(Breathe and talk slowly. You will do just fine. Be polite and confident.)

“Hi, this is (your full name). I am a constituent of Rep/Senator (name). I live in (name of city). I am calling to request that Rep/Sen (name) vote NO on Fast Track Authority. It is important to me that Congress follows the Constitutional directive to negotiate international trade and that all trade agreements are given full consideration, debate and amendments as needed.

Do you know Rep/Sen (name) position on Fast Track Authority? Will he/she vote Yes or No? (wait for an answer)

Do you know Rep/Sen (name) position on the Trans Pacific Partnership Agreement? Will he/she vote Yes or No? (wait for an answer)

(regardless of their response, just continue)

Once again, I am requesting that Rep/Sen (name) vote NO on Fast Track Authority and NO on the TPP! Please be sure he/she gets my message. Thank you.”

Go to the Crash-Course site and print off PDFs to share. Actually, that whole website is designed to help you take action, online and off. You can still share the hashtag in any way you choose – it gets the point across fast.

URGENT:

If you can target these two reps, you could stop the fast-track today:

1) MIKE QUIGLY (IL-05)
D.C. 202-225-4061
District: (773) 267-5926
Twitter: @RepMikeQuigley
https://www.facebook.com/repmikequigley

2) GREG MEEKS (NY-05)
D.C. (202) 225-3461
District: 347-230-4032 & 718-725-6000
Twitter: Gregory Meeks
https://www.facebook.com/gregorymeeksny05

Lastly, if you have done something, no matter how small to derail the TPP fast track – THANK YOU!!

Special thanks also to Andrew Pontbriand, Emily Laincz and Nick Bernabe for their tireless organizing, efforts and information  – and to all those who joined them. Without them, this article wouldn’t be – nor will it with the TPP!
The smallest action is bigger than the greatest intention.

01 10 14 I just signed this you should too.

http://act.credoaction.com/sign/fast_track

Negotiated behind closed doors by the governments of a dozen countries (including ours) colluding with corporate interests, the Trans-Pacific Partnership (TPP) is a massive corporate power grab.

Under the TPP, more American jobs would be offshored. Internet freedom would be a joke. Developing countries would lose access to lifesaving medicines. Unsafe foods and products could pour into our country. And that’s just the tip of the iceberg.

The first step in corporate plan to pass the TPP is something called “fast track trade authority.”

Join me in telling Congress to say NO to fast-track track authority. Click the link below to sign the petition:

http://act.credoaction.com/sign/fast_track/?sp_ref=25324470.4.458.e.0.2&referring_akid=.5310205.GTEJTl&source=mailto_sp  

Stop this massive corporate power grab.

Top of Form

Sign the petition

The petition reads:

“Congress: Say NO to fast-track trade authority and other undemocratic attempts to prevent Congress from fully vetting secret trade deals like the Trans-Pacific Partnership. It’s your job to ensure trade deals work for everyone, not just giant corporations, and it would be deeply irresponsible for you to ignore that responsibility by supporting fast-track trade authority.”

Bottom of Form

1-10-2014 11-54-55 AM

The Trans-Pacific Partnership (TPP) is a terrible “trade” deal being negotiated in secret by the governments of a dozen countries (including ours) colluding with corporate interests.

Under the TPP, more American jobs would be offshored. Internet freedom would be a joke. Developing countries would lose access to lifesaving medicines. Unsafe foods and products could pour into our country. And that’s just the tip of the iceberg.

Our best shot to stop the TPP is right now.

The enactment of the TPP will hinge upon the passage of so-called “fast-track trade authority,” which would allow the president to sign off on the TPP before the American people or Congress ever have a chance to read it.

A fast-track bill was introduced in Congress yesterday. So we need to speak out today.

Tell Congress: Say NO to fast-track trade authority.

You might think such a far-reaching proposal as the TPP would be subject to intense public debate. But the text of the proposed deal is considered classified by our government and even members of Congress have been given extremely limited access to it.

Yet, while the government has kept the public and Congress largely in the dark about the TPP, it has given 600 corporate advisers access to the full text of the proposal.

We know the little we do know about the deal because drafts of some of its chapters have been leaked. And what we know isn’t pretty.

A draft of the “intellectual property rights” chapter of the TPP was leaked recently, and according to the Electronic Frontier Foundation, it “reflects a terrible but unsurprising truth: an agreement negotiated in near-total secrecy, including corporations but excluding the public, comes out as an anti-user wish list of industry-friendly policies.”1

That’s only one chapter, when there are many other chapters that haven’t been leaked.

The first stage in the plan to pass the TPP is a big push for Congress to pass fast-track trade authority, which would short-circuit the typical legislative process when trade deals like the TPP come up for a vote.

Pressured by giant corporate interests that stand to make huge amounts of money on the deal, and faced with a public that has purposefully been kept ignorant about this deal, it’s not hard to see how the TPP could be rammed through Congress if fast-track trade authority is in place.

Tell Congress: Say NO to fast-track trade authority.

Fast-track trade authority would allow the president to sign a trade deal before Congress has an opportunity to approve it. Then the president could send it to Congress with the guarantee that it would get an up-or-down vote within 90 day.

Fast track would mean there would be no meaningful hearings, limited debate and absolutely no amendments to the deal. And there would be tremendous pressure on Congress to rubberstamp anything the president signs.

The recently leaked drafter chapter is a huge red flag about the kind of terrible policies the Obama administration wants to include in the TPP.

The Constitution gives Congress exclusive authority over trade. And it would be a deeply irresponsible abdication of responsibility for Congress to pass fast track when we know the TPP is coming down the pike, especially when we know the consequences of the TPP could be disastrous.

It’s the job of Congress to fully vet trade deals and ensure they work for everyone, not just giant corporations.

Tell Congress: Say NO to fast-track trade authority.

Thank you for speaking out. Your activism matters.

1TPP Leak Confirms the Worst: US Negotiators Still Trying to Trade Away Internet Freedoms,” Electronic Frontier Foundation, Nov. 13, 2013.

The Food Industry Bill to Avoid GMO Labeling

We knew this would be coming. As far as I know, they have yet to get a sponsor for this bill, but this exactly what they want. To preempt all labeling efforts that will allow people to know whether or not a food product may contain GMO’s.

I received this information from the Organic Consumers Association. I have no reason to doubt that this is truthful as it fits the MO of the corporate control paradigm we are in. I think that it is highly likely to receive great support from the Monsanto funded representatives we have. Roy Blunt of Missouri being among my chief suspects to push this bill.

It’s terribly difficult for me to encourage anyone to call the federal government for any reason as it almost always is an exercise in futility. Perhaps if enough calls were made to the offices of likely sponsors this could gain traction to make it socially unacceptable to sponsor this bill. Reluctantly, I think that may be the thing to do right now.

Natural would allow GMO’s, additives that are GMO would not be required to be labeled….and more. It’s terribly typical.

Here is the copy of the bill:

Section by Section Summary of Discussion Draft

Overview

This legislation would create a uniform, national program governing the premarket review and labeling of genetically engineered foods. First, it would require the Food and Drug Administration (FDA) to conduct a safety review of all new plant varieties used for genetically engineered food before those foods are introduced into commerce. Second, the legislation would create a new legal framework, subject to FDA oversight, governing the use of label claims regarding either the absence of, or use of, genetically engineered food or food ingredients. The legislation would also require FDA to develop Federal definition for “natural” claims on product labels. Given this new legal framework, states would be precluded from imposing any requirements that are not identical to these Federal requirements.

TITLE 1-Bioengineered Food

Section 101. Definitions.
The term “bioengineered food” is defined to mean a food developed through recombinant deoxyribonucleic acid (DNA) technology. A food is not a bioengineered processing aid or enzyme. The terms “bioengineering” or “bioengineered” are defined to mean the process described above as applied to food.

Section 102. Notification Program for Preclearance of Bioengineered Food that is a Plant or Derived from a Plant.

This provision would add a new section to the Federal Food, Drug, and Cosmetic Act (FFDCA) creating a mandatory premarket notification program for bioengineered foods, It would require that a developer of a plant-based bioengineered food submit a premarket notification to the FDA before marketing the food, explaining the developer’s basis for determining the bioengineered food was as safe as a comparable traditional food. Premarket notification must be submitted 120 days before bioengineered food is delivered into the marketplace. Those bioengineered foods that were approved through the voluntary consultation process prior to this legislation being enacted would be grandfathered in. The bill would also provide for informal consultations with the Secretary prior to submitting a premarket notification. The mandatory consultation process would be as follows: within 30 days, FDA would be required to issue a preliminary response in writing to notify the developer that 1) the notification is complete and has been filed or 2) the notification is incomplete and specify the additional information required prior to filing. The FDA would have 90 days to review the notification and state whether the agency objects to the developer’s determination. The FDA also would have the option to extend the review period by 90 days, not more than once. The developer would have the option to withdraw the notification at any time prior to a determination by FDA. If FDA responds it has no objections, the developer may market the food.

As part of the review process, FDA may specify any special labeling the agency believes is necessary to protect the health and safety or to prevent the label of the bioengineered food from being false or misleading, based on any material difference between the bioengineered food and the comparable traditional food. The use of bioengineering does not, by itself, constitute a material difference.

The premarket notification and the agency’s response would be made publicly available. The Secretary may issue any regulations or guidance that may be necessary to implement this program. The provisions of this section would apply 30 days after enactment, regardless of whether regulations and guidance have been issues. These procedures would largely codify a preexisting voluntary consultation process currently used by FDA

Section 103. Labeling of Whether Food is Bioengineered
This section would create a new Federal legal framework for labeling related to bioengineered foods. It would allow manufacturers to voluntarily make claims about the absence of bioengineered ingredients if the manufacturer has in place a traceability program to ensure bioengineered food is not commingled with the non-bioengineered food at any stage of production from farm to retail, while making allowances for unavoidable, inadvertent cross contact with bioengineered foods. The claim could be made on dairy products derived from cows and other milk-producing animals that consumed feed or a feed ingredient or received a drug or biological product that was developed through biotechnology and has been authorized for such use by the Secretary. The claim may also be made on a food produced with a bioengineered processing aid or enzyme. To avoid misleading consumers, claims regarding bioengineering would not be permitted to state or imply that a food is more or less safe solely because of the use or absence of bioengineered food. The provision would also authorize FDA to develop regulations for the voluntary labeling of the presence of bioengineered ingredients in food products. As under the mandatory notification program, FDA would have the authority to mandate special labeling to address any material difference that could affect health and safety or cause consumer deception. The regulations under this section shall not prevent a person from a) disclosing voluntarily on the labeling of bioengineered food the manner in which the food has been modified to express traits or characteristics that differ from its comparable marketed food or 2) from disclosing advertisements, on the internet, in response to consumer inquiries, or on other communications that food is or contains an ingredient derived through the use of biotechnology.

Section 104. Preemption.
Consistent with other labeling sections in this FFDCA, this section would preempt any state laws that are not identical to the Federal program.

Title II-Natural Foods
Section 201. Labeling of Natural Foods
This section would direct FDA to develop a federal definition of the term “natural” for use on food packaging. This definition would apply to those foods labeled “100% natural,” “naturally grown,” “all natural,” “contains ‘no artificial ingredients,’ “nothing artificial,” and other terms identified/defined by the Secretary.

Section 202. Regulations
Within 12 months of the date of enactment of the legislation, the Secretary would issues proposed regulations to implement this section and a final rule would be issues within 36 months.

Section 203. Preemption Consistent with other labeling sections in this FFDCA, this would prevent any state definitions of the term “natural” that are not identical to the Federal definition.

Ensuring Safe and Affordable Food for American Families

The American food industry has led the world in healthy and Plentiful food production for generations. Over the last two decades, the food industry has used genetically modified (GM) technology to produce more nutritious food at lower cost for consumers across the country. GM technology improves crops and reduces the use of chemicals, while lowering costs for the American people by as much as 30%. Today, up to 80% of the nation’s food products include GM ingredients.

The American food industry is committed to providing consumers with choices to fit their tastes, dietary preferences and requirements and budgets, as well as with important information to help make those choices. The U.S. Food and Drug Administration (FDA) currently sets national standards for food labeling based on sound science and extensive review. Some groups are attempting to create a system of conflicting state-based labeling requirements for GM foods, which would create confusion, reduce choices and increase costs for consumers.

When it comes to genetically modified food ingredients, the food and beverage industry is;

1) Committed to provide consumers with an abundant supply of safe, nutritious and affordable food.

2) Committed to the use of safe agricultural biotechnology that helps feed billions of people in the u.S. and around the globe, while preserving our natural resources.

3) Committed to an open dialogue with consumers about GM technology that will advance their knowledge, understanding and support of technology.

4) Committed to responsible nationwide public policies that will protect consumers and facilitate informed consumer choices by providing them a single, federal framework for regulating the use and labeling of genetically modified food ingredients.

Healthier Foods at Lower Cost

For nearly twenty years, farmers and food manufacturers have used GM technology to add desirable traits from one plant to another, without introducing anything unnatural or using chemicals. As a result crops are more plentiful and potentially more nutritious.

Today nearly 80% of the food we eat is produced with GM ingredients, lowering costs for consumers up to 30%. These technological advances allow farmers and food and beverage companies to continue to provide consumers with safe, cost-effective and high quality food choices.

According to the U.S. food and Drug Administration (FDA), and a number of US regulatory agencies that study and monitor food safety, GM foods and ingredients are safe and pose no health risks, Numerous scientific bodies and health groups, such as the World Health Organization, the American Medical Association and the National Academy of Science, have concluded that food and beverages containing GM ingredients are materially no different than food without them.

Protecting Consumers’ Health and Safety: Building on the Strong Foundation

Consumers should be armed with the information they need to make their own food choices. That’s why the U.S. Food and Drug Administration (FDA) currently provides comprehensive federal framework for food labeling that uses sound science to give consumers the best information about the safety, composition and nutritional aspects of food products. This labeling policy has served consumers well by providing them with straitforward and meaningful information to make safe and healthful food choices.

Currently, FDA does not require foods to be labeled as having been produced with GM technology because it has found that there is no health risk associated with GM foods or any material difference between GM and non-GM foods at all. However, over the past several years, some groups have put forward ballot initiatives and legislation to require special labels for products containing these ingredients. Last year, California voters rejected a ballot measure (Proposition 37) that would have imposed a mandatory label. Voters in Washington will consider a similar measure this year, and efforts are underway to put a labeling measure on the ballot in Oregon in 2014. Connecticut recently passed Labeling Legislation, and efforts are being considered in neighboring state.

These state-based labeling initiatives – which only mislead consumers into thinking foods produced using GM technology pose a health risk or are different than what;s been on their shelves for the past 20 years – would create an unnecessary state patchwork of conflicting labeling requirements which would snarl inter-state commerce and create confusion, reduce choices and increase costs for consumers.

Bolstering Consumer Confidence in the Food Supply by Establishing a New, Single Federal Framework for Regulating the Use and Labeling of GM Technology

To establish a responsible federal policy framework that will protect consumers and facilitate informed consumer choices, as well as guard against costly, unnecessary and inefficient state-by-state system, federal legislation is needed that will provide for a series of regulatory measures that will allow farmers, processors, food and beverage manufacturers and everyone in between to use GM technology to produce safe, abundant and affordable food.

Specifically, legislation is needed that would address the following principles:

  • Mandate FDA Safety Reviews: Ensure consumers are protected by requiring the U.S. Food and Drug Administration (FDA) to conduct a pre-market safety review of all new GM technology to guarantee they are safe for use in food. This will be done through FDA mandatory consultations in the existing USDA framework.
  • Require Federal GMO Labeling for Safety: Directs FDA to mandate a label on any product that contains ingredients derived from genetically engineered plants if those ingredients present any health or safety risk.
  • Create a National Standard for Voluntary Labels: The legislation should direct the FDA to mandate labels on products containing a GMO ingredient only if it is determined that the ingredients presents a health or safety risk. In addition, the legislation should direct FDA to develop a new, uniform national framework to support a voluntary “GMO-Free” labeling. FDA would develop a certification and verification process to support this requirement, which would also apply to any companies that want to voluntarily label their products for the presence of GM ingredients.

    This will ensure consumers have consistent information that will allow them to make informed decisions when they shop, and it will prevent confusion that can be caused b conflicting state standards.

  • Increase Transparency: Increase transparency and avoid consumer confusion by creating a consistent federal definition for “natural” claims on product labels.
  • Prevent Consumer Confusion: Prevent consumer confusion that would be caused by conflicting state standards, and better protect consumers by creating a new uniform national legal framework. This will ensure consumers receive consistent information based on sound science by precluding state from imposing any labeling requirements that are not identical to Federal requirements standardsi

Judge Orders Animals Returned….Humane Society Slow to Respond

Velma Muessemeyer had her animals confiscated by the St Louis Humane Society and the Franklin County Missouri Sheriff’s Department in November. A judge ordered those animals be returned, and my understanding is that St Louis Humane Society has not yet responded to the judge’s order. Here is an article which repeats an error about a previous seizure of Muessemeyer’s property. It states that 150 sick animals were taken previously. In the original articles regarding the seizure, the animals were not all couched as being sick. Some of them were reported to have respiratory issues, and the writer of the error extrapolated that to all of the animals being “sick”. Kind of like having 150 school kids. A few of them might have sniffles, and therefore they are all “sick”. It makes one wonder about the state of the educational system in Journalism…I guess if I were to follow their trend I’d say that all journalists are unintelligent, which is patently untrue.

Here is an article regarding the most recent order on Muessemeyer’s animals:

Judge orders return of animals taken by Humane Society from St. Clair property

FRANKLIN COUNTY • A judge here has ordered that animals taken by the Humane Society from a home near St. Clair — the second such seizure at that property in 3½ years — be returned to their owner, who is charged with animal abuse.

But despite the judge’s order, which was issued last week, the animals have not been returned, said one of the owner’s attorneys.

The 192 rabbits, 25 goats, 10 cats, 21 chickens, four dogs and a duck were taken Nov. 12 from Velma Muessemeyer’s property in the 1300 block of Parkway Drive.

The Humane Society’s Animal Cruelty Task Force joined Franklin County sheriff’s deputies who entered the property after obtaining a search warrant. A tipster concerned about conditions on the property alerted authorities.

The animals were living in dirty and dangerous conditions without shelter from the cold, the Humane Society said at the time. Rabbits were kept in raised wire-bottom cages with feces piled inside as well as up to a foot below the cages.

The goats appeared to be suffering from respiratory problems, while the cats and other animals were living in dirty conditions in a home on the property, the Humane Society said.

Muessemeyer, 75, was charged with 21 counts of misdemeanor animal abuse stemming from the treatment of the animals. But Franklin County Associate Circuit Judge David Tobben ordered on Dec. 19 that the animals be returned to Muessemeyer. In his order, he said that evidence showed some of the animals were underweight and ill but that there was no evidence the vast majority of the animals were in danger.

“If the issue were the propriety of taking children into custody based on the condition of the property, there is no question in the court’s mind that the condition of the property, especially the house, justifies such action,” Tobben wrote. “The issue is not neglect of children however, it is neglect of animals.”

Taylor Goodale, an attorney from Union who is representing Muessemeyer, said Friday that she had done nothing wrong and that taking the animals was a violation of her property rights. He also said she had been raising animals for about 60 years.

The property is the same one where more than 150 sick rabbits and other animals were seized in February 2010. Franklin County prosecutors made an agreement not to charge the property owner if she agreed not to have any animals other than her two pet dogs, some goats and rabbits. That probation ended in February 2012.

The Humane Society said it had filed suit to retain the animals.

“The care and protection of these animals is the main priority of the Humane Society of Missouri, and we will pursue all lawful means to gain permanent legal custody to ensure their welfare,” the organization said in a statement.

Efforts to reach Bob Parks, the Franklin County prosecutor, were not immediately successful.

 

Gardasil Recall

The CDC says people should keep taking this vaccine. It’s actually killed quite a few and made many, many ill, but please, continue to allow yourself to be injected with their crap. The CDC is the same group that applied major governmental mathematics to take 21 illnesses from raw milk and turn it into 20,000 illnesses. More on that later…Here’s an article regarding the recall. Please note they are admitting to it having glass particles in the vaccine, amongst the other goodies.

Merck issues voluntary recall of 743,360 vials of Gardasil HPV vaccine

Published December 20, 2013

FoxNews.com
  • Gardasil.jpg

    Gardasil, a Human Papillomavirus vaccine, is displayed in Dallas, Texas March 6, 2007. (REUTERS/Jessica Rinaldi)

Merck is issuing a voluntary recall of one lot of Gardasil vaccines due to the risk that some vials of the vaccine may contain glass particles, according to a statement released today by the pharmaceutical company.

The company estimates that only 10 of the 743,360 vials in the lot may have been affected by the incident, which was the result of a breakdown in production.  A medical assessment conducted by Merck concluded that if a patient were to receive one of the contaminated vaccines, they had a “remote risk” of experiencing a reaction at the injection site.

This lot of vaccines was distributed between August 20, 2013 and October 9, 2013. The Centers for Disease Control and Prevention (CDC) said that it purchased 350,000 doses of Gardasil from this lot for their own vaccination programs.

“Vaccines from the affected lot were distributed between August 20, 2013, and October 9, 2013. No other lots are affected,” the agency said in a statement released Friday. “People who have recently received an HPV vaccine or their parents do not need to take any action as a result of this recall.  If a vaccine containing glass particles (tiny enough to get through a needle) is given to a patient, mild reactions routinely seen after vaccination may occur (for instance, redness or swelling at the injection site).”

So far, no injuries have been reported related to the contaminated vaccines, according to the CDC. People who received a vaccine from the contaminated lot do not need to be revaccinated, and the sterility of the vaccine was not affected, according to Merck.

Merck said it is in the process of contacting customers who purchased vaccines from this lot, # J007354, which was distributed in the United States and Puerto Rico.

Gardasil protects against certain strains of human papillomavirus (HPV), which can cause cervical cancer in women. The CDC added that it continues to recommend that all preteen girls and boys receive three doses of the vaccine at age 11 or 12 years old.

Digesting Regulations–I’m a Pet Store…or a Dealer, or a Breeder, or Not, or What???!!!

USDA’s APHIS, the same illustrious service that brought us the NAIS which morphed into the ADT, has blessed us all with the distinction of being regulated as a pet store if we aren’t already regulated as licensed breeders. The way the regulations read is confusing at absolute best. The number of breeding females is an aggregate number of all animals covered under the Animal Welfare Act of 1966. That’s virtually every thing that is warm blooded and referred to as a “pet” or used for exhibition. Dogs, cats, farm animals sometimes, rabbits, etc. They say you can have four or less breeding females and not be licensed, but if you sell them online then you are a retail pet store. They also give you the capacity to earn up to $500 gross annually and be exempted from being either a pet store or a breeder.

Now there are exceptions that are astonishing. For one, if the animals are sold as breeding animals, then you are exempt. So every dog could be sold as breeding stock with hybrid vigor and they would be exempt. Or if the animal is a working animal, you’re ok as well. So you could sell poodles as watch dogs and be exempt. But if they are pets, you are not exempt. Basically, if they want to they can deem anyone selling any of the covered animals as under their regulatory authority.

I try really hard not to curse, but after reading the final rule (which you can read here if you have the stamina) I find that I have to quote my husband, I don’t know whether to shit or go blind.

Thankfully there is a lawsuit that has been filed. I hope there is an injunction against the USDA on this insanity. You can read about it below:

Dog and Cat Clubs Tell Uncle Sam to Scat
           (CN) – The U.S. Department of Agriculture illegally and arbitrarily is requiring “tens of thousands of dog and cat breeders” to get licenses and submit to unannounced inspections and the costs of complying with “new structural and sanitation standards,” dozens of dog and cat clubs claim in court.

     Forty dog clubs – and two cat clubs – led by the Associated Dog Clubs of New York State, sued the USDA in District of Columbia Federal Court.
More cats than dogs are kept as pets in the United States, according to the Humane Society: 95.6 million cats and 83.3 million dogs.
Forty-seven percent of U.S. households have at least one dog, and 46 percent have at least one cat, according to the Humane Society.
Why 40 of the 42 plaintiff clubs are dog breeders, and only two represent cats, is a poser. Possibly it’s because dogs and dog owners are clubbier than cats and cat people.
Whatever the reason, the clubs challenge “The Retail Pet Store Rule,” 9 CFR Parts 1-3, which took effect on Nov. 18. The regulation was promulgated under the Animal Welfare Act, 7 U.S.C. § 2131 et seq.
The rule originally was aimed at large breeders who sell over the Internet, but was expanded to include all breeders, including “small-scale breeders,” i.e., the members of the plaintiff clubs, “without any support for doing do,” according to the complaint.
According to the dog clubs’ lawsuit: “The Rule radically changes, without justification, 47 years of USDA’s regulatory oversight of retail pet stores. Specifically, the Rule redefines ‘retail pet store’ to potentially require tens of thousands of dog and cat breeders throughout the United States, including members of plaintiffs, to obtain licenses, to subject their residences to unannounced, on-site inspections, to incur substantial costs to comply with new structural and sanitation standards, to risk the health and lives of their dogs and cats from exposure to the deadly Parvovirus, Panleukopenia, and other diseases, and to place their personal safety at risk by opening their residences to strangers.”
The clubs claim that when Congress passed the Animal Welfare Act in 1966, it “specifically exempted retail pet stores” from the Act’s licensing and inspection requirements.
“Although Congress has amended the AWA several times since its passage, Congress has not changed or narrowed the AWA’s exemption of retail pet stores,” the complaint states. “By promulgating a regulation instead of seeking a statutory solution in Congress, the USDA has circumvented congressional intent. Moreover, the Rule’s redefinition of ‘retail pet store’ is inconsistent with the required record that was developed to justify the Rule.”
The USDA estimated that the rule would affect 2,600 to 4,640 breeders, the dog clubs say – an estimate that is way off base.
“In fact, as was noted in the comments, the Rule potentially affects tens of thousands of breeders, including the almost 19,000 members of the 42 plaintiffs, located in all 50 states and the District of Columbia. Significantly, the clubs and registries comprised by plaintiffs represent less than 1 percent of the dog and cat clubs and registries in the United States, yet the cumulative number of plaintiff members alone is four times the maximum number of breeders that APHIS [the USDA’s Animal and Plant Health Inspection Service] estimated would be potentially affected.”
The dog clubs want the rule declared invalid and enjoined as arbitrary and capricious, inconsistent with the AWA, exceeding the jurisdiction of the USDA, and a violation of the Administrative Procedures Act.
The clubs are represented by Philip Hecht.
The Humane Society criticized the lawsuit in a statement, and said it plans to “intervene in the lawsuit and join the government in defending the common-sense regulation.”
The Humane Society said that the rule was enacted to crack down on “large-scale puppy mills.” The statement said that the rule “closed the regulatory loophole” that let puppy mills sells abused dogs online without oversight.
The Humane Society statement did not address the dog clubs’ objection that the rule indiscriminately affects back-yard breeders.
Here are the plaintiffs: Associated Dog Clubs of New York State, Inc; Australian Shepherd Club of America; American Dog Breeders Association, Inc.; Virginia Federation of Dog Clubs and Breeders; California Federation of Dog Clubs; Albany Kennel Club, Inc.; Albany Obedience Club, Inc.; Allpurrs Cattery; American Fox Terrier Club; American Pomeranian Club; American Russell Terrier Club; Belgian Sheepdog Club of America; Cat Fanciers Legislative Group; Charlottesville-Albemarle Kennel Club; Chattanooga Kennel Club;; Chihuahua Club of America; Cleveland Collie Club; Colonial Newfoundland Club; Columbia Poodle Club of Oregon and Southwest Washington; Dachshund Club of Greater Buffalo; Dachshund Fanciers of Central Virginia; Eagle Rock Kennel Club, Inc.; Erie Canal Schipperke Club; Goldendoodle Association of North America;; Huron Valley Australian Shepherd Association; International Bengal Cat Society; International Shiloh Shepherd Dog Club; Kennel Club of Palm Springs; Miniature Australian Shepherd Club of America; Minuteman Samoyed Club, Inc.; Mississippi Canine Coalition, Inc.; Northland Newfoundland Club; Potomac Bassett Hound Club; Saratoga (NY) Kennel Club, Inc.; Schenectady Dog Training Club; Shawangunk Kennel Club, Inc.; Shetland Sheepdog Club of Western New York; Society for the Perpetuation of Desert Bred Salukis; Syracuse Obedience Training Club; Tri Valley Shetland Sheepdog Club of Northwest Los Angeles; Weimaraner Club of the Washington DC Area; and the Working Australian Shepherd Club of Upstate New York.

Judge Rules NSA Surveillance Unconstitutional….Ya think?

This is positive. I like it quite a bit. However, I am now so skeptical that I think they’ll find a way to overturn this ruling. Guess I’ve been around long enough to truly wear the badge of cynic. LOL!

Anyway, it is good news, and I really like to share positive things whenever I have the chance.

Judge: NSA phone program likely unconstitutional

The NSA headquarters are pictured. | AP Photo

The ruling is the first significant legal setback for the NSA’s surveillance program. | AP Photo

By JOSH GERSTEIN | 12/16/13 1:36 PM EST Updated: 12/16/13 7:44 PM EST

A federal judge ruled Monday that the National Security Agency program which collects information on nearly all telephone calls made to, from or within the United States is likely unconstitutional.

U.S. District Court Judge Richard Leon found that the program appears to violate the Fourth Amendment ban on unreasonable searches and seizures. He also said the Justice Department had failed to demonstrate that collecting the information had helped to head off terrorist attacks

Acting on a lawsuit brought by conservative legal activist Larry Klayman, Leon issued a preliminary injunction barring the NSA from collecting so-called metadata pertaining to the Verizon accounts of Klayman and one of his clients. However, the judge stayed the order to allow for an appeal.

“I cannot imagine a more ‘indiscriminate’ and ‘arbitrary invasion’ than this systematic and high-tech collection and retention of personal data on virtually every single citizen for purposes of querying it and analyzing it without judicial approval,” wrote Leon, an appointee of President George W. Bush.

The preliminary injunction Leon granted Monday does not require him to make a definitive ruling on the constitutional questions in the case, but does take account of which side he believes is more likely to prevail.

Leon’s 68-page opinion is the first significant legal setback for the NSA’s surveillance program since it was disclosed in June in news stories based on leaks from former NSA contractor Edward Snowden. For seven years, the metadata program has been approved repeatedly by numerous judges on the Foreign Intelligence Surveillance Court and found constitutional by at least one judge sitting in a criminal case.

(WATCH: Boehner says Edward Snowden is a ‘traitor’)

The Justice Department persuaded those courts that the collection of information on the time and length of calls, as well as the numbers called, did not amount to a search under the Fourth Amendment because that information is routinely available to telephone companies for billing purposes and is shared with those firms voluntarily.

Government lawyers and the judges who found the NSA program legal pointed to a 1979 Supreme Court ruling, Smith v. Maryland, which found no search warrant was needed by police to install a device which recorded the numbers dialed on a particular phone line.

But Leon said the three-decade-old precedent was not applicable to a program like the NSA’s because of its sophistication and because telephone use has become far more intense in recent years.

“The ubiquity of phones has dramatically altered the quantity of information that is now available and, more importantly, what that information can tell the Government about people’s lives,” the judge wrote. “I cannot possibly navigate these uncharted Fourth Amendment waters using as my North Star a case that predates the rise of cell phones.”

The judge went on to conclude that the searches involved in the NSA metadata program were likely not permissible under the Fourth Amendment in part because there was little evidence the program has actually prevented terrorism.

“I have significant doubts about the efficacy of the metadata collection program as a means of conducting time-sensitive investigations in cases involving imminent threats of terrorism,” Leon wrote. “The government does not cite a single instance in which analysis of the NSA’s bulk metadata collection actually stopped an imminent attack, or otherwise aided the Government in achieving any objective that was time-sensitive in nature.”

Edward Snowden himself praised the decision.“I acted on my belief that the NSA’s mass surveillance programs would not withstand a constitutional challenge, and that the American public deserved a chance to see these issues determined by open courts. Today, a secret program authorized by a secret court was, when exposed to the light of day, found to violate Americans’ rights. It is the first of many.”

The judge’s ruling was issued just before White House press secretary Jay Carney took the podium for the daily press briefing. Carney said he was unaware of the decision and he referred inquiries to the Justice Department.

“We are reviewing the court’s decision,” DOJ spokesman Andrew Ames said.

Similar lawsuits challenging the program are pending in at least three other federal courts around the country. In addition, criminal defendants are beginning to challenge the program after the Justice Department disclosed it had played a role in investigating their cases.

Critics of the NSA program leapt on Leon’s decision as evidence that the legal foundation of the surveillance effort is deeply flawed.

“The ruling underscores what I have argued for years: The bulk collection of Americans’ phone records conflicts with Americans’ privacy rights under the U.S. Constitution and has failed to make us safer,” Sen. Mark Udall (D-Colo.) said in a statement urging passage of legislation ending the so-called bulk collection program. “We can protect our national security without trampling our constitutional liberties,” he added.

At a hearing last month, Leon said he knew that his decision would be far from the last word on the issue, which is almost certain to wind up at the Supreme Court.

However, he added some flair to his opinion Monday, referring at one point to the Beatles and at another to Federalist Papers author James Madison, who later became president.

“Surely, such a program infringes on ‘that degree of privacy’ that the Founders enshrined in the Fourth Amendment. Indeed, I have little doubt that the author of our Constitution, James Madison, who cautioned us to beware ‘the abridgement of freedom of the people by gradual and silent encroachments by those in power’ would be aghast,” the judge wrote.

Read more: http://www.politico.com/story/2013/12/national-security-agency-phones-judge-101203.html#ixzz2ngs4geDM

Here We Go Again…Missouri Rabbit troubles and Humane Society

Velma Muessemeyer will be in Court in Franklin County Missouri on December the 17th. I do not yet have the address and time for her combination hearing and trial. The Missouri Humane Society and Franklin County Sheriff Deputies seized all of the animals on her property on allegations of abuse and/or neglect. While I haven’t seen nearly enough pictures, I have seen several of the rabbits that are reported to have been mistreated. What I saw looked quite good. Now the property is junky looking, but that isn’t indicative of animal neglect, cruelty, or abuse. More truthfully, that is a reflection of limited financial resources.

I’m going to post a bunch of links to articles on this issue. I ask that you pay particular attention to the appearance of the animals, and not focus on the fact that workmanship and new equipment is obviously lacking. For those who know rabbits, look at their hocks, their ears, their overall appearance and let me know if you think they look like they have been lacking feed. Same with the goats in the Humane Society of Missouri’s video. The pen is either freshly strawe or shows an abundance of hay being fed out to the goats. The goats are in very good flesh and I see no snotty noses or ribs showing on them at all. Just focus on the animals, as they are the object of these allegations against Muessemeyer. She isn’t being taken to court for “blight” or property maintenance code violations, but animal abuse and neglect.

One of Muessemeyers rabbits being checked by Missouri Humane Society

I readily concede that I am looking at pictures here and have no first hand knowledge of this lady or her practices. I do however have lots of experience with rabbits, goats, dogs and chickens. While I may not manage mine the way Muessemeyer manages hers, the animals show no outward signs of neglect.

Here are a plethora of links. First videos:

http://www.ksdk.com/video/default.aspx?bctid=69366613001

Nearly 200 rabbits, dogs, cats and other animals rescued in Franklin County

Now for articles:

http://www.hsmo.org/news/animal-cruelty-task-force.html

http://www.emissourian.com/local_news/saint_clair/article_1e9e20c8-4e27-11e3-b2d6-001a4bcf887a.html

http://www.upi.com/Odd_News/Blog/2013/11/13/253-animals-removed-from-property-by-Humane-Society-of-Missouri/8591384351951/

More than 200 animals rescued from Franklin County property

More Evidence Grassfed is Better

The article below focuses not specifically on raw milk, but on a study that evidently clearly demonstrates that cattle on a grass diet produce milk that is far more healthy than the typical highly grained conventional dairy. Hopefully this will help more people to pay closer attention to their dairy choices….and give more of a push for dairy producers to go to grass systems. I feel like Martin Luther King, “I have a dream! I see a day, when small diversified farms replace the monoculture industrial ag systems that destroy initiative, and land, and food. I see a patchwork of small farms feeding the people and supporting honest labor, value and where feeding your neighbors isn’t a criminal act!” Wouldn’t that be nice? But I digress, Here is the article:

Is Organic Milk Worth It? Pricier Option Is Healthier Than Conventional Competition, Has Higher Levels Of Omega-3 Fatty Acids

A favorite for many country naturalists, raw unpasteurized milk is a grey market commodity, like venison or bear meat — with a hint of danger, à la food-borne illnesses. In the mainstream supermarket, however, organic (and pasteurized) milk offers the consumer a safer thrill, with newly discovered health advantages over conventionally produced milk.

In a new study, investigators from Washington State University compared organic and pasteurized milk throughout the United States, testing nearly 400 samples taken from an 18-month period. Whereas pasteurized milk scored an average omega-6 to omega-3 fatty acid ratio of 5.8, raw milk scored a much lower, healthier ratio of 2.3.

Charles Benbrook, the study’s lead investigator, said Monday the difference was made by a greater reliance on pastureland and forage-based feeds used by organic dairy farmers. As opposed to grain feeds, a preponderance of scientific evidence shows the superior benefits of feeding cows grass and legumes over an open pasture. However, the team didn’t expect to see such dramatic differences.

“We were surprised by the magnitude of the nutritional quality differences we documented in this study,” Benbrook said in a statement.

Although many naturalists, of course, spur dairy as unnatural, the category continues to grow. Organic milk and cream sales totaled $2.622 billion last year, within an organic food industry worth some $29 billion. Nationally, organic milk now accounts for 4 percent of milk sales, according to the Milk Processor Education Program.

Previous research has shown the risk of consuming diets with higher proportions of omega-6 fatty acids, including cardiovascular disease, cancer, excessive inflammation, and autoimmune diseases, with increasingly higher ratios bringing higher health risks. According to Benbrook, Westerners typically consume diets with ratios of 10-1 or even 15-1, compared to an ideal of 2.3-1 for maximum heart benefit.

Nearly 40 percent of that difference from average to ideal could be achieved by simply switching to organic milk, investigators say. A typical woman might replace three daily servings of conventional dairy products for 4.5 daily servings of mostly full-fat organic dairy products, taking care, too, to avoid other foods high in omega-6 fatty acids.

“Surprisingly simple food choices can lead to much better levels of the healthier fats we see in organic milk,” Benbrook said.

Even compared to fish, long touted as the omega-3 super food, organic milk is the densest source of the fatty acids, investigator Donald R. Davis said in the statement. “We were surprised to find that recommended intakes of full-fat milk products supply far more of the major omega-3 fatty acid, ALA, than recommended servings of fish,” he said.

In the study, conventional milk contained nine times as much ALA as fish, while organic milk contained even more — 14 times as much.

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