Overcriminalization

"Overcriminalization" includes applying criminal sanctions to conduct that traditionally has not been considered inherently wrongful, federalizing crime that properly belongs under state jurisdiction, and attaching criminal penalties without criminal intent. Reasonable people may disagree whether any specific bill included in the Legislative Update Alert is an abuse of criminal law or is in fact justified. Nevertheless, the Legislative Update Alert includes all bills our researchers have identified that add or enhance federal criminal penalties. Please visit us at Overcriminalized.com 

It's part of the Heritage Foundation's huge library of things to scare the you-know-what out of you! Of course, they do more than scare you, they give you the tools to fight the good fight, too.

It's a great resource and chocked full of information that shows you just exactly what "our" politicians are trying to do to us. When you read this, combine it with all the other bits and pieces that we hear and read, you get a very clear, shockingly clear, picture of where this White House, and all their minions in Congress and throughout the country, are taking us. Guaranteed to spur you to work harder to change the culture in our government.

One thing I found interesting personally is that yesterday or the day before I posted a release from the Obama White House about the last item in this newsletter regarding Native American art, new penalties, etc. We have Arts Across Georgia, focusing (duh) on the arts. I got the release, glanced at it, then posted it not thinking anything much about it. That is, until I read the bit in the last paragraph of the newsletter below. I'm SO glad there are people at the Heritage Foundation who are looking at these things closely and clearly.



Here's a sample of the info included in yesterday's update:

S. 3598: Secure Water Facilities Act

Sponsor: Lautenberg (D - NJ)

Official Title: A bill to amend the Safe Drinking Water Act and the Federal Water Pollution Control Act to authorize the administrator of the Environmental protection Agency to reduce or eliminate the risk of releases of hazardous chemicals from public water systems and wastewater treatment works, and for other purposes.

Status:
7/15/2010: Introduced in Senate
7/15/2010: Referred to Senate Environment and Public Works Committee

Commentary: This bill calls on the Administrator of the Environmental Protection Agency (EPA) to promulgate new regulations establishing risk-based performance standards for the security of public water systems that serve more than 3,300 people or otherwise present a security risk. The bill and regulations would also protect certain information from disclosure, including any vulnerability assessment of a water system, documents that relate to audits or inspections of covered systems, and documents relating to a security threat or breach. “Whoever discloses protected information in knowing violation of the regulations” will be subject to imprisonment for up to 1 year, a fine as authorized by Title 18, U.S. Code, or both. If the person who unlawfully discloses protected information is a federal officeholder or employee, that person will be subject to possible removal from federal office or employment.


S. 3599: Secure Chemical Facilities Act

Sponsor: Lautenberg (D - NJ)

Official Title: A bill to enhance the security of chemical facilities and for other purposes.

Status:
7/15/2010: Introduced in Senate
7/15/2010: Referred to Senate Homeland Security and Governmental Affairs Committee

Commentary: This bill would modify and make permanent the authority of the Department of Homeland Security to regulate security practices at chemical facilities. It would call for the risk-based designation and ranking of chemical facilities that possess substances of concern or meet other criteria established by the Secretary of DHS. The bill and regulations would also protect certain information from disclosure, including information related to the assessment of the vulnerability of a chemical facility, documents that relate to an audit or inspection of a covered chemical facility, and documents relating to a security threat or breach of security. “Any person” who discloses protected information “in knowing violation of the regulations” will be subject to imprisonment for up to 1 year, a fine as authorized by Title 18, U.S. Code, or both. If the person who unlawfully discloses protected information is a federal official or employee, that person will be subject to possible removal from federal office or employment.


S. 3632:

Sponsor: Gillibrand (D - NY)

Official Title: A bill to provide for enhanced penalties to combat Medicare and Medicaid Fraud, a Medicare data-mining system and a beneficiary verification pilot program, and for other purposes.

Status:
7/22/2010: Introduced in Senate
7/22/2010: Referred to Senate Finance Committee

Commentary: This bill, a nearly identical companion to H.R. 5044, includes provisions that would double the criminal penalties for specified knowing and willful wrongful acts in connection with federal health care programs and that would create a new offense for those who, knowingly, intentionally, and with the intent to defraud, “traffic” in Medicare or Medicaid beneficiary identification numbers or billing privileges. One subpart of 42 U.S.C. § 1320a-7b(a) prohibits the making of false statements or representations in connection with applications for benefits or payments under a federal health care program. The penalty for making such false statements or representations other than “in connection with the furnishing (by that person) of items or services for which payment is or may be made” will be doubled, with imprisonment for up to one year or a fine of $10,000 increasing to imprisonment for up to two years or a fine of $20,000. The penalty for (1) making false statements or representations by someone in connection with that person’s furnishing of items or services for which payment is or may be made; (2) receiving kickbacks, bribes, or rebates; (3) making false representations with respect to the condition or operation of institutions: or (4) engaging in illegal patient and admittance practices would be doubled as well, increasing from imprisonment for up to 5 years, a fine of $25,000 or both to imprisonment for up to 10 years, a fine of $50,000, or both. In addition, the bill would create a new offense for, knowingly, intentionally, and with the intent to defraud, selling or distributing two or more Medicare or Medicaid beneficiary identification numbers or billing privileges. The violation of this provision would be punishable by imprisonment for up to 3 years, a fine as authorized by Title 18, U.S. Code, or both.


S. Amendment 4486:

Sponsor: Pryor (D - AR)

Official Title:

Status:
7/19/2010: Introduced in Senate

Commentary: This Amendment is proposed for H.R. 5297, which would create the Small Business Lending Fund Program. It addresses the Earned Income Credit (EIC) that can be claimed by some individual taxpayers. It would amend 18 U.S.C. § 1028A(a), to address the problem of identity theft involving the EIC. Any person who “knowingly transfers, possesses, or uses, without lawful authority” someone else’s means of identification or a false identification document in connection with a willful attempt to evade or defeat taxes by claiming the EIC or submits a false or fraudulent statement in connection with a claim for EIC benefits would be subject to the penalties for identity theft set out in 18 U.S.C. § 1028(b), plus an additional term of imprisonment of up to 5 years.


S. Amendment 4488:

Sponsor: Boxer (D - CA)

Official Title:

Status:
7/20/2010: Introduced in Senate

Commentary: The Amendment is proposed for H.R. 5297, which would create the Small Business Lending Fund Program. A participating lender that “knowingly makes a false statement with respect to the income, assets, or other qualifications of a small business concern” in connection with a loan or loan application would be subject to imprisonment for up to 5 years, a fine of $500,000, or both.


H.R. 5788: Mine Safety Accountability and Improved Protection Act

Sponsor: Moore (R - WV)

Official Title: A bill to honor the nation’s fallen miners by requiring improved mine safety practices and compliance in order to prevent future mine accidents.

Status:
7/20/2010: Introduced in House
7/20/2010: Referred to House Education and Labor Committee

Commentary: This bill would increase the enforcement powers of the Secretary of Labor and establish a National Mine Safety Board and empower it to conduct independent investigations of mine accidents that involve 3 or more deaths. The bill would also increase the penalty for any willful violation of a mandatory health or safety standard or for any knowing failure to comply with orders issued by the Secretary. The penalty for a first conviction would increase to imprisonment for up to 5 years, a fine of $1,000,000, or both, from the current penalty of imprisonment for up to 1 year, a fine of $250,000, or both, as set out in 30 U.S.C. § 820(d). The penalty for subsequent violations would increase to imprisonment for up to 10 years, a fine of $2,000,000, or both, from the current penalty of imprisonment for up to 5 years, a fine of $500,000, or both. The bill would also make it unlawful to retaliate against anyone who has provided information “related to the existence of a health or safety violation or an unhealthful or unsafe condition, policy or practice” to enforcement officials. The penalty for that offense would be imprisonment for up to 10 years, a fine as authorized by Title 18, U.S. Code, or both. The bill would increase the penalty that may be imposed on any unauthorized advance notice of any health or safety inspection to imprisonment for up to 5 years, a fine as authorized by Title 18, U.S. Code, or both, from the current penalty of imprisonment for up to 6 months, a fine of $1,000, or both, as set forth in 30 U.S.C. § 820(e). Finally, where a business entity is responsible for the violation, any director, officer, or agent of that operator who “willfully authorized, ordered, or carried out such violation, failure, or refusal, or any policy or practice that contributed to the occurrence of a fatality” will be subject as an individual to the same civil and criminal penalties that can be imposed on the operator.


H.R. 5810: Securing Aircraft Cockpits Against Lasers Act of 2010

Sponsor: Lungren (R - CA)

Official Title: A bill to amend Title 18, United States Code, to provide penalties for aiming laser pointers at airplanes, and for other purposes.

Status:
7/21/2010: Introduced in House
7/21/2010: Referred to House Judiciary Committee

Commentary: The bill would make it unlawful for any person to “knowingly aim[] the beam of a laser pointer at an aircraft in the special aircraft jurisdiction of the United States, or at the flight path of such an aircraft.” The bill does not safeguard those who aim a laser at an aircraft or its flight path accidentally, inadvertently, or with benign intent. It would not prohibit the aiming of a laser beam at an aircraft by authorized individuals conducting research, development, operations, testing, or training, or anyone using the laser to send an emergency distress signal. The penalty for unlawfully aiming a laser at an aircraft would be imprisonment for up to 5 years, a fine as authorized by Title 18, U.S. Code, or both.


H.R. 5663: Miner Safety and Health Act of 2010

Sponsor: Miller (D - CA)

Official Title: A bill to improve compliance with mine and occupational safety and health laws, empower workers to raise safety concerns, prevent future mine and other workplace tragedies, establish rights of families of victims of workplace accidents, and for other purposes.

Status:
7/1/2010: Introduced in House
7/1/2010: Referred to House Education and Labor Committee
7/13/2010: Hearing Held by House Education and Labor Committee
7/21/2010: Mark up in the House Education and Labor Committee
7/21/2010: Ordered to be reported

Commentary: Section 820(d) of Title 30, U.S. Code, currently prohibits “willfully” violating a mandatory mining health or safety standard or “knowingly” violating or refusing to comply with certain orders issued by the Secretary of Labor. This bill would significantly lower the protectiveness of the mental state required to prove a violation of a mandatory health and safety standard from “willfully” to “knowingly.” Violators are currently subject to imprisonment for up to one year, a fine of up to $250,000, or both on the first conviction, and imprisonment for up to 5 years, a fine of $500,000, or both for subsequent violations. This bill would increase the penalty for first violations to imprisonment for up to 5 years, a fine of $1,000,000, or both, and the penalty for subsequent violations to imprisonment for up to 10 years, a fine of $2,000,000, or both. Under 30 U.S.C. § 820(c), a director, officer, or agent of a corporate violator who “knowingly authorized, ordered, or carried out” the conduct leading to the violation is subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require the government to prove beyond a reasonable doubt that the director, officer, or agent had any actual knowledge that what he or she authorized, ordered, or carried out was unlawful.


H.R. 5626: Blowout Prevention Act of 2010

Sponsor: Waxman (D - CA)

Official Title: A bill to protect public health and safety and the environment by requiring the use of safe well control technologies and practices for the drilling of high-risk oil and gas wells in the United States, and for other purposes.

Status:
6/29/2010: Introduced in House
6/29/2010: Referred to House Energy and Commerce Committee
7/15/2010: Mark up in the House Energy and Commerce Committee
7/15/2010: Ordered to be reported House

Commentary: This bill would, beginning one year after its enactment, require applicants for permits to drill for a “high-risk well” to attest to the capacity of their blowout prevention and remediation ability and call for the promulgation of regulations specifying the minimum standards for blowout preventers, third-party certifications, and documentation. Any person who “knowingly and willfully” violates any provision of the act or any regulation that implements it, makes a false statement in a document that is filed or required to be filed, or falsifies or tampers with a required monitoring device will be subject to imprisonment for up to 10 years, a fine of up to $10 million, or both. Under the bill, an officer or agent of a corporation that is subject to prosecution who “knowingly and willfully, or with willful disregard” orders or carries out the prohibited activity is subject to prosecution to the same extent as the corporation. This provision will not necessarily be interpreted by the courts to require the officer or agent to have actual knowledge that what he or she authorized, ordered, or carried out was unlawful.


H.R. 5566: Prevention of Interstate Commerce in Animal Crush Videos Act of 2010

Sponsor: Gallegly (D - CA)

Official Title: A bill to amend Title 18, United States Code, to prohibit interstate commerce in animal crush videos, and for other purposes.

Status:
6/22/2010: Introduced in House
6/22/2010: Referred to House Judiciary Committee
6/23/2010: Mark up in the House Judiciary Committee
6/23/2010: Ordered to be reported
7/19/2010: Reported to House
7/21/2010: House passage of amended bill under suspension of rules.

Commentary: This bill replaces H.R. 5092 and is a response to the U. S. Supreme Court’s April 2010 decision in United States v. Stevens, in which the Court found that 18 U.S.C. § 48, which prohibits the commercial creation, sale, or possession of certain depictions of animal cruelty, violated the First Amendment because it was substantially overbroad. The Court noted, among other things, that the reach of § 48 was so broad that it would include depictions of hunting activities. Because the statute applied to depicted conduct that was illegal in any state where the depiction was created, sold, or possessed, the Court also observed that a “depiction of entirely lawful conduct runs afoul of the ban if that depiction finds its way into another State where the same conduct is illegal.” This bill would prohibit the knowing sale or distribution in interstate or foreign commerce of “animal crush videos” and create safe harbors for depictions of veterinary or animal husbandry practices and depictions of hunting, trapping, or fishing. It would apply to depictions of actual conduct that violate a criminal prohibition on cruelty to animals under Federal law “or the law of the State in which the depiction is created, sold, distributed, or offered for sale or distribution.”


H.R. 4173: The Wall Street Reform and Consumer Protection Act of 2009

Sponsor: Frank (D - MA)

Official Title: To provide for financial regulatory reform, to protect consumers and investors, to enhance Federal understanding of insurance issues, to regulate the over-the-counter derivatives markets, and for other purposes.

Status:
12/2/2009: Introduced
12/2/2009: Referred to House Financial Services Committee
12/2/2009: Referred to House Agriculture Committee
12/2/2009: Referred to House Energy and Commerce Committee
12/2/2009: Referred to House Judiciary Committee
12/2/2009: Referred to House Rules Committee
12/2/2009: Referred to House Budget Committee
12/2/2009: Referred to House Oversight and Government Reform Committee
12/2/2009: Referred to House Ways and Means Committee
12/11/2009: House Passage
1/20/2010: Received in Senate
1/20/2010: Referred to Senate Banking, Housing and Urban Affairs Committee
5/20/2010: Discharged Senate Banking, Housing and Urban Affairs Committee
5/24/2010: Senate Passage
6/30/2010: Conference report passed in the House
7/15/2010: Conference report passed in the Senate
7/21/2010: Signed by the President

Commentary: This wide-ranging financial markets regulatory bill would, among many other things, establish a Financial Services Oversight Council including the heads of the Department of the Treasury, Federal Reserve Board of Governors, Comptroller of the Currency, Office of Thrift Supervision, Securities and Exchange Commission (SEC), Commodities Futures Trading Commission (CFTC), Federal Deposit Insurance Corporation, Federal Housing Finance Agency, and National Credit Union Administration Board. The stated purposes for the Council include monitoring financial markets, advising Congress of financial regulatory developments, and coordinating financial regulatory actions among member agencies. The bill provides for the establishment of a regulatory regime that will cover transactions in derivatives and give oversight responsibility to the CFTC, requiring the registration of traders and trading activities. Section 13(a)(5) of Title 7, U.S. Code, governs the trading of commodity futures and other instruments regulated by the CFTC. It provides that “[a]ny person” who “willfully” violates “any other provision of this chapter, or any rule or regulation thereunder” will be subject to imprisonment for up to 10 years, a fine of $1 million, or both, plus the costs of prosecution. Section 13(a)(5) further provides, “[N]o person shall be subject to imprisonment under this paragraph for the violation of any rule or regulation if such person proves that he had no knowledge of such rule or regulation.” Where the transaction involves securities-based derivative instruments, responsibility for regulatory oversight is vested in the SEC. Section78ff of Title 15, U.S. Code, specifies the penalties for violating the securities laws. [Editor's Note: The National Association of Criminal Defense Lawyers' far more thorough description and analysis of the many criminal provisions in this wide-ranging bill is available at http://www.nacdl.org/public.nsf/whitecollar/HR4173].


H.R. 725: Indian Arts and Crafts Amendments Act of 2009

Sponsor: Pastor (D - AZ)

Official Title: A bill to protect Indian arts and crafts through the improvement of applicable criminal proceedings, and for other purposes.

Status:
1/27/2009: Introduced
1/27/2009: Referred to House Judiciary Committee
1/27/2009: Referred to House Natural Resources Committee
12/2/2009: Hearing Held by House Natural Resources Committee
12/16/2009: Mark up in the House Natural Resources Committee
12/16/2009: Ordered to be reported House Natural Resources Committee
1/15/2010: Discharged House Judiciary Committee
1/15/2010: Placed on House calendar
1/19/2010: House passage of amended bill under suspension of rules.
1/20/2010: Received in Senate
3/26/2010: Placed on Senate calendar
6/23/2010: Senate Passage
7/26/2010: House Passage

Commentary: As introduced, this bill was titled the Indian Arts and Crafts Amendments Act of 2009. It was identical to H.R. 7024 and S. 1255 in the 110th Congress and S. 151 in the current Congress and reduced penalties for some violations of the prohibition on misrepresenting goods for sale as having been produced by Native Americans. As passed by the Senate, the bill would not only reduce penalties set out in 18 U.S.C. § 1159 for some violations of the prohibition on misrepresenting goods for sale as having been produced by Native Americans, it would also change the sentencing powers of Native American tribal courts. With respect to misrepresentation, under current law, "knowing" violations are punishable by criminal fines of up to $250,000 and imprisonment of up to five years for a first offense, and by criminal fines of up to $1,000,000 and imprisonment of up to 15 years for subsequent offenses. This legislation would change the penalty structure in two ways. First offenses concerning goods worth less than $1,000 would be punishable by fines of up to $25,000 and imprisonment of up to a year, and fines for subsequent offenses would be calculated under Title 18 rather according to the fines defined under this new penalty scheme. With respect to the sentencing powers of Native American tribal courts, current law does not permit a tribal court to impose a term of imprisonment greater than 1 year, a fine of $5,000, or both. Under the bill as passed by the Senate, a tribal court would be able to sentence a defendant who has previously been convicted of the same or a comparable offense by any jurisdiction in the United States, or a defendant who is being prosecuted for an offense comparable to an offense that would be punishable by imprisonment for more than 1 year if prosecuted by the United States or any of the States to imprisonment for up to three years, a fine of $15,000, or both. Even when multiple charges are involved, the tribal courts would be unable to impose imprisonment longer than 9 years. Significantly, nothing in the bill as passed by the Senate would give a Native American tribe criminal jurisdiction over a non-Native American. Since 1990, tribes have been empowered to exercise criminal jurisdiction over any Native Americans, including those who are not members of the tribe.

Presidential Poll

I'm sure many of you rec'd the email this morning with the Presidential Poll being conducted by the Western Center for Journalism. I don't normally do things like that, but was familiar with the Center so popped over and took the poll. You have to sign up for their updates, which isn't a bad thing at all... been meaning to do it anyway.

There are a bunch of choices, pretty much all the names being tossed about as potentials plus a few I hadn't heard were in the "maybe" mix. One they left off that I'd like to see is Paul Ryan, but that's just 'cause I think he's so, so sharp, articulate, on the money when it comes to most issues. I have no idea how many others might agree with me that he'd make a great candidate, or whether he has even a spark of interest.

The top winners in the poll at the moment are Sarah Palin and Newt Gingrich. Next is Ron Paul, then Mike Huckabee... then in this order: Mitt Romney, Bobby Jindal, none of the above/don't know... The others on the poll are pretty much in low enough numbers not to matter, however just under 1500 have voted. I'm sure that once the list gets going the link will be forwarded to all the supporters of various candidates and the numbers will change dramatically.

Here's a link if you'd like to take the poll (and sign up for their updates... ):

https://fs6.formsite.com/westerncenterjournalism/form274689810/index.html

Excellent article on the "Disclose" Act

Only in Washington Is This Transparency 
The Senate Democrats' "DISCLOSE" Act -- "DISCLOSE" stands for "Democracy Is Strengthened by Casting Light on Spending in Elections" -- represents perhaps the baldest, if failed, power grab attempted this year. But you wouldn't guess it reading news stories on the bill.
http://townhall.com/columnists/DebraJSaunders/2010/07/29/only_in_washington_is_this_transparency

Guess ya'll know what I do first thing in the morning! Cuppa tea, fire up the computer, pop on Fox News most days, but always scan through headlines, blogs, twitter, facebook to find out how America was attacked by the crazies the day before... and I try to figure out where the next attack is coming from.

Just joined the Heritage Foundation (yes, I know I'm way, way late on that front). I already get their emails, which is great, but I want to do my tiny part to help keep their work alive. It was only $25 for the year, although I'm considering increasing the amount.

I manage over 200 blogs, ten websites (four of 'em are news sites), eight or nine Twitter accounts, etc., etc. It gets a bit hectic, especially since I do have a life and I am a potter, do shows, sell in galleries, etc. I also drop everything to spend time with my immediate and extended family. I only include this info to explain why it may seem I'm rather hit or miss at times. I may post something on our shared Barracuda Babes blog, or on some other blog we manage and it'll look like I'm neglecting this one... If you're interested in seeing all the blog info, follow us on twitter @readmylipstick, @gafrontpage, @ffrontpage, @artsacrossga (for those artist friends). We feed specific blogs to specific accounts. Also, you need to know that all the posts aren't mine, there are others who share.

I have a great friend who helps out tremendously. Don't know what I'd do without Ann!

Always looking for patriots who're interested in sharing our conservative blogs. If you're interested, tweet me on @readmylipstick or zap me a message on Facebook (Janet Dunn, the one with the lipstick avatar ;-)

Keep up the good fight, it's wonderful to see everyone who's kicking butt --- I don't mean physically --- the libs are hoping and praying one of us will do something nasty so they can blow us out of the water... I'm expecting some more plants at our rallies and events. Keep your tempers please! We're in this for the long haul and we won't get there if we lose our cool (except in the privacy of our own homes where we rant and rave at the computer or TV screens ;-) 

Correct emails for sending (re: personal favor in last post)

These are the correct e-mails:

kgannon@dekalbcountyga.gov
mspann@dekalbcountyga.gov
njmcbrid@dekalbcountyga.gov
jrader@dekalbcountyga.gov
larryjohnson@dekalbcountyga.gov
sbsutton@dekalbcountyga.gov
lmay@dekalbcountyga.gov
conniestokes@dekalbcountyga.gov

Personal favor to ask...

I'd appreciate it if all of my friends, followers, acquaintances would help me out on a local issue. Doesn't matter if you don't live in our area, and all I'm asking for is one email from each of you...

Issue overview: Big rezoning going on, huge church trying to rezone at the end of a residential neighborhood. They're wanting to change to zoning category that would result in loads of traffic as there's a cut-through that takes traffic right through the homes. It's already a problem given the size of the church, but office / commercial would phenomenally increase danger to the kids on the street. There's at least one special needs child on the block.

The church met with the neighbors, said they weren't going to sell, then turned around, hired a rather snotty attorney and they're going for it. Based on a survey the church did the majority of the members don't want to sell or move... but the rezoning is going ahead and it's up TOMORROW night.

The planning commission was initially against it, but one guy who is responsible for the district in question said he was for it and the way the County Commission in the county works, they defer to the Commissioner who represent the district... so now it's going forward as approved.

Bottom line --- I'd like to ask you to help bombard the Commissioners with emails letting them know that you are OPPOSED to the church being rezoned to ANY commercial, O & I or category. You can simply say something like "Please do NOT rezone the Rehoboth Baptist Church property" or "Please keep the Johns Road neighborhood intact and safe by not rezoning the church property" or "Don't change the Rehoboth Church zoning".

The header/subject line should indicate what you're writing about (Rehoboth Church rezoning or maybe Johns Road Neighborhood Safety). It helps if all the emails are not the same.

It's best not to include your location as they don't give a flying flip about people outside the district, and it's kind of looking like they're not really caring much about those who do... I know that many of you ARE in Dekalb County, Georgia anyway... My personal feelings are that there's probably some wheeling and dealing going on. The county in question is deeply in the hole, but they're doing the Obama thing where they just keep spending...

There have been petitions, emails, calls to the Commissioners. The ONLY Commissioner on the Board who has NOT responded to the neighbors is the lone Republican who also happens to be in charge of the district --- and her guy is the one pushing to get the rezoning approved. She's giving Republicans a bad name.

Here's the contact info to send emails to (Monday & Tuesday, only need one from each of my friends to be effective, feel free to ask your friends to send one, too):

Elaine Boyer (District 1)	Nancy McBride	404-371-2844	cnjmcbrid@co.dekalb.ga.us
Jeff Rader (District 2)	Caroline Enloe	404-371-2863	cjrader@co.dekalb.ga.us
	Debbie Schneider
Larry Johnson (District 3)	Margaret Britton	404-371-2425	clarryjohnson@co.dekalb.ga.us
	Steffanie J. Wilson
Sharon Barnes Sutton (District 4)	Judy T. Brownlee	404-371-4907	csbsutton@co.dekalb.ga.us
	Valerie S. Grigley
Lee May (District 5)	Latrese Nunnally	404-371-4745	clmay@co.dekalb.ga.us
	Edmond Richardson
Kathie Gannon (Super District 6)	Corrin Wagnon	404-371-4909	ckgannon@co.dekalb.ga.us
	Rita E. Morgan
Connie Stokes (Super District 7)	Lannetta Somerville	404-371-3053	cconniestokes@co.dekalb.ga.us

If for some reason those emails bounce back, take the first "c" out and try again. They changed their emails July 1 and haven't bothered to update their website with new contact info. I added the "c" because the one response I had indicated I needed to add it...

ADDITION: Here are the CORRECT email addresses:
kgannon@dekalbcountyga.gov
mspann@dekalbcountyga.gov
njmcbrid@dekalbcountyga.gov
jrader@dekalbcountyga.gov
larryjohnson@dekalbcountyga.gov
sbsutton@dekalbcountyga.gov
lmay@dekalbcountyga.gov
conniestokes@dekalbcountyga.gov

Emergency Action Alert... (from Herman Cain)

DISCLOSE Act: call and/or email your U.S. Senators IMMEDIATELY and insist they vote AGAINST the "Disclose Act" (S. 3295).

Harry Reid launched a sneak attack late Friday night to ram through the speech-killing "Disclose Act." The key vote to end debate and vote on the "Disclose Act" will be late today or early Tuesday.
Click here to find contact info for your US Senators

As I warned in the recent CAIN ALERT entitled "Freedom of Speech is Under Attack", the House voted on and passed their version of a controversial bill (HR5175) that would ban certain government contractors, corporations, and nonprofit organizations from engaging in any political speech. The vote of 219 - 206, opened the door for a full Senate vote.

The real purpose of the "DISCLOSE" Act (which is an acronym for Democracy is Strengthened by Casting Light on Spending in Elections) is to impose restrictions on speech by corporations, nonprofit groups and others who express themselves through political campaign advertising.

Of course UNIONS would be exempt from most of the provisions of the bill since unions support Democrats almost exclusively. Read more here...

This is an emergency, so please call and/or email your U.S. Senators IMMEDIATELY and insist they vote for free speech and AGAINST the "Disclose Act" (S. 3295). We can't let this legislation slip through our fingers again! It is just another way for government to deny Americans their freedom of speech.

Click here to find contact info for your US Senators!

Interesting tidbit from Political Wire

Another Bush for President?

Joshua Green makes the case for a 2012 presidential bid by former Florida Gov. Jeb Bush (R) noting he "has a solid conservative record that wasn't compiled in Washington and broad appeal in a critical state; for a party conspicuously lacking a positive agenda, he's also known as an ideas guy."

"Would Republicans dare coalesce behind Bush? Surely they would. The hallmark of today's politics is a truculent refusal to concede error. What could possibly show up those arrogant liberals like nominating another Bush? Nor is it apparent that doing so would be politically perilous. As Obama's approval ratings continue to fall, it seems ever more likely that the 2012 election will be hard-fought and close, regardless of who is the Republican nominee. And Jeb Bush's appeal to the center is at least as strong as that of his colleagues."

In Support of Christine O'Donnell, Delaware

Rasmussen - Election 2010: Delaware Senate
Delaware Senate: Castle (R) 47%, Coons (D) 36%
Congressman Mike Castle’s support has fallen below 50% for the first time in his race with Democrat Chris Coons for the U.S. Senate in Delaware.
The latest Rasmussen Reports telephone survey of Likely Voters in Delaware finds Castle with 47% support, down eight points from late April. Coons gets 36% of the vote, his best showing to date. Six percent (6%) favor some other candidate in the race, and 11% are undecided.
http://www.rasmussenreports.com/public_content/politics/elections/election_2010/election_2010_senate_elections/delaware/election_2010_delaware_senate

Mike Castle is being challenged in the September 14 GOP primary by conservative Christine O’Donnell... and she's the one we ALL need to get behind! It looks like Castle is losing traction, which is good news for Christine.

Let's take another seat and turn it conservative! Many of you already know Christine O'Donnell from seeing her on various talk shows, particularly on Fox News... She's well worth checking out, following, supporting, donating to, etc., etc. Love to send another strong, conservative woman up there in D.C. to help straighten out the mess.

http://www.christineodonnell.com/

Obama Bumper Sticker Removal Kit - Available at BSRemoval.com

Race tightening again in Nevada... let's help Sharron Angle win this one!!!

Reid Holds Small Lead in Nevada

A new Public Policy Polling survey in Nevada shows Sen. Harry Reid (D-NV) edges challenger Sharron Angle (R) in the U.S. Senate race, 48% to 46%.

Key finding: "Reid continues to have upside down approval numbers, but they've improved over the last six months. 44% of voters in the state like the job he's doing while 53% disapprove. That's a good deal better than earlier in the year when his approval was only 36% and 58% gave him bad marks. Since then Democratic voters have really rallied back around Reid and independents have softened in their feelings toward him as well. Reid's approval spread within his party is 80/14, compared to 67/27 over the winter. With independents he's still pretty unpopular at 38/60 but that's much improved from the prior standing of 24/68. Certainly the Republicans nominating Angle is the biggest reason this race is competitive again, but Reid's personal resurgence shouldn't be overlooked either."

My note: The above from left leaning Political Wire (.com). I'm not posting all the stuff I'm getting from the two big groups supporting Angle as they're mostly asking for money. I'm "assuming" you're already on those lists if you're interested in helping defeat Harry Reid. If you're not, check out the tea party express and I'll have to give you the name of the other one later as it's slipped my mind. It's something like "stop Harry Reid".

LMAO... Harry Reid slapped by the dead...

Zinger from Beyond the Grave

You know you've got a tough re-election fight when you're even getting bad publicity in the obituary pages.

The Las Vegas Review Journal flagged this death notice: "We believe that Mom would say she was mortified to have taken a large role in the election of Harry Reid to U.S. Congress. Let the record show Charlotte was displeased with his work. Please, in lieu of flowers, vote for another more worthy candidate."

(From Political Wire update)

Updates on Florida, Brown, Nevada, Georgia, etc., etc.

All of the following are from Taegan Goddard's Political Wire. Based on the slant I often see, I'd say he leans left... however, it's great info. I signed up for the briefs and they pop up in my inbox a few times a day with loads and loads of great political tidbits. www.politicalwire.com. Between Drudge & Goddard, I pretty much manage to keep up with political winds as they blow. Course, Fox News is where I always go for details and "fair and balanced" news!

Brown Walking a Tightrope or the Plank?

While Sen. Scott Brown (R-MA) gave a major boost to Democrats when he announced his support for the Wall Street reform bill, Swampland notes that his recent "knack for delivering numero 60 for Harry Reid and Co. in a pinch" is infuriating the Republican base.

The evidence? Check the comments on his Facebook page.

Nevada Senate Race is Close

A new Rasmussen survey in Nevada shows Sharron Angle (R) just edging Sen. Harry Reid (D) for U.S. Senate, 46% to 43%.

Court Strikes Down FCC Indecency Rules

A federal appeals court struck down the FCC's indecency policy, saying the agency's efforts to punish broadcasters for allowing one-time or "fleeting" expletives is "unconstitutionally vague," the Wall Street Journal reports.

Crist Leads in Florida

A new Reuters/Ipsos poll in Florida finds Gov. Charlie Crist (I) holds a narrow edge over Marco Rubio (R) in a three-way Senate race, 35% to 28%, with Rep. Kendrick Meek (D) trailing behind at 17%.

Crist holds a similar 34% to 29% edge over Rubio in a three-way race with Jeff Greene (D) as the Democratic nominee.

Said pollster Cliff Young: "Generally incumbents have been at a disadvantage this year, but that hasn't been the case with Crist in Florida. The move to running as an independent has paid off. He's capturing the middle space."

Tight Race for Florida Governor

A new Reuters/Ipsos poll in Florida finds Rick Scott (R) edging Alex Sink (D) in the race for governor, 34% to 31%.

But Sink leads slightly, 31% to 30%, when matched against Bill McCollum (R) who is locked in a bitter Republican primary race with Scott.

Quote of the Day

"We have a three-pronged strategy: To keep the House, it's called the Father, the Son and the Holy Ghost."

-- Democratic strategist James Carville, in an interview on ABC News.

Bentley Defeats Byrne in Runoff

In Alabama, self-described outsider Robert Bentley (R) defeated Bradley Byrne (R) in the Republican gubernatorial runoff, the AP reports.

Byrne finished first in the June 1 primary and had the support of much of the state's GOP establishment.

Handel Leads GOP Pack in Georgia

A new Magellan Strategies survey in Georgia finds Karen Handel (R) leading the Republican race for governor with 32%, followed by Nathan Deal (R) at 18%, John Oxendine (R) at 18% and Eric Johnson trailing at 12%.

A recent SurveyUSA poll had Oxedine leading the race.

National Immigration Policy Summit

Spread the Word! MICHELLE MALKIN to Deliver Special Address to National Immigration Policy Summit!

(rec'd this via Facebook from Ken E., if some of the links don't work, it's cause I tried to "un-Facebook" them... I left the first one with the facebook info, but you'll have to have an account to get there - JMD)

http://www.facebook.com/l/0fe76bqiTfDsnIXWoFZT-3FcDWw;StandWithArizona.org/pages/Agenda
http://www.StandWithArizona.org/pages/Agenda

The National Immigration Policy Summit - July 30th-31st - Phoenix, Arizona

Arizona is under fire. We are STANDING WITH ARIZONA. Are you?

On Thursday, July 29th, Arizona's new immigration status enforcement law, known as SB 1070, will go into effect across the State of Arizona. Arizona will remove all "catch-and-release" policies in the state and require law enforcement to enforce our immigration laws. The next day, grassroots leaders, legislators and staffers will be joining SENATOR RUSSELL PEARCE and civil rights activist TED HAYES in Phoenix to learn more about the new law and how similar laws can be enacted in other states.

The National Immigration Policy Summit will feature a special live remote conversation with author, blogger, columnist and commentator MICHELLE MALKIN.

In addition to Sen. Pearce, Mr. Hayes and Ms. Malkin, the Summit seminars will feature a wide variety of presenters. Confirmed speakers include:

Constitutional Scholar John Eastman

Former INS Special Agent Michael Cutler

Activist and Tea Party Leader Katrina Pierson

Youth Activist Fernando Trevino

Activist and Tea Party Leader Ana Puig

Participating organizations include:

NumberUSA
FAIR
Stand With Arizona

(Tentative Summit Agenda as of July 12th - Subject to Change)

Friday, July 30th:

6:30 PM - 8:30 PM -- Memorial Service and Candlelight Vigil
Arizona State Capitol - FREE and open to the public

Saturday, July 31st: Summit Seminars at Arizona State Capitol

(Note : LIMITED SEATING FOR SEMINARS - APPLY HERE FOR TICKET: http://www.facebook.com/l/0fe76u09G8ts_xNuOcDOhWfME9Q;StandWithArizona.org/pages/application )

9:30 AM - 10:00 AM - Introduction: General Assembly (State Senate Chambers)
10:15 AM - 11:15 AM - Seminar Session I *
11:30 AM - 12:30 PM - Seminar Session II *
12:30 PM - 2:00 PM - Lunch Break
2:15 PM - 3:15 PM - Seminar Session III *
3:30 PM - 4:15 PM - Seminar Session IV *
4:30 PM - 5:00 PM - Closing: General Assembly (State Senate Chambers)

* - Saturday Seminar Sessions to Include (tentative):

The Effect of Illegal Immigration on Native-Born Workers
Debunking the Myths on SB1070
The Proper Scope of State and Local Authority Over Immigration Enforcement
The Civil Rights History of the 14th Amendment
By-the-Numbers : The True Cost of Illegal Immigration
The Proper Interpretation and Application of the 14th Amendment
The Civil Rights Acts of 1866 and 1964 and Their Application to Immigration Policy
At the Polls : The Political and Electoral Consequences of Immigration Policy Decisions
Immigration Amnesty : A Highjacking of the Civil Rights Legacy?
Reaching Out to Minority Populations on Immigration Issues

Apply here for ticket : http://www.StandWithArizona.org/pages/Application


6:30 PM -- 8:30 PM -- RALLY for SB 1070 and Legal Immigration
Arizona State Capitol - FREE and open to the public

http://www.StandWithArizona.org/pages/Application

Obama Administration Approves First Obamacare Abortion Funding

Family Research Council Action Condemns President's Falsehoods on Abortion Funding

Family Research Council Action responded today to a discovery made by the National Right to Life Committee that the Obama Administration has given federal approval to send Pennsylvania $160 million in taxpayer funds which will directly fund abortions through President Obama's recently enacted health care law.

This is the first known instance of direct federal funding of abortion through what is called the "high risk insurance pools." Pennsylvania has already received approval from the Obama Administration to use the funds to provide abortions to pool participants; the abortion funding is available immediately.

Tom McClusky, Family Research Council Action's Senior Vice President, made the following comments:

"Never have we so regretted being right on an issue, but this $160 million for an abortion insurance program in Pennsylvania validates the arguments FRC Action made throughout the health care debate: Taxpayer dollars will fund abortions. For our efforts to remove the bill's abortion funding, we were called 'deceivers' by President Obama and 'liars' by his allies.

"Now we know who the true deceivers and liars really are.

"This action by the Obama Administration also exposes the worthlessness of President Obama's Executive Order that supposedly would prevent federal funding of abortion, but which both sides, including Planned Parenthood, agreed was unenforceable.

"While the American people deserve an apology from President Obama for his deception, we should only be satisfied when this Pennsylvania abortion funding is rescinded and the health care law repealed.

"Unfortunately, until the law is repealed, this will not be the last federal approval of abortion funding. The law also includes $12.5 billion for community health centers, and $6 billion for co-ops, through both of which abortions can be funded, not to mention the tax credits to pay people to buy plans covering abortion. Not even implemented, the President's plan is already being exposed as a high-taxing, poorly thought-out, and taxpayer funding of abortion monstrosity.

"It's time to replace this Congress, repeal this law and restore our constitutional freedoms," McClusky concluded.

Detainee Transfer Announced (Guantanamo)

The Department of Defense announced today the transfer of one detainee from the detention facility at Guantanamo Bay to the Government of Yemen.

On May 26, 2010, a U.S. District Court ordered the release of Mohammed Odaini from custody at Guantanamo Bay. As a result, the Department of Defense has transferred him to his native country. In accordance with Congressionally-mandated reporting requirements, the administration informed Congress of its intent to transfer Odaini at least 15 days before his transfer.

The suspension of Yemeni repatriations from Guantanamo remains in effect due to the security situation that exists there. However, the Administration respects the decisions of U.S. federal courts, which ordered the release of Odaini. As with all transfers, the U.S. Government will work with the Yemeni Government to the fullest extent possible to implement appropriate security measures.

Since 2002, more than 595 detainees have departed Guantanamo Bay for other destinations, including Albania, Algeria, Afghanistan, Australia, Bangladesh, Bahrain, Belgium, Bermuda, Chad, Denmark, Egypt, Georgia, France, Hungary, Iran, Iraq, Ireland, Italy, Jordan, Kuwait, Libya, Maldives, Mauritania, Morocco, Pakistan, Palau, Portugal, Russia, Saudi Arabia, Slovakia, Somalia, Spain, Sweden, Switzerland, Sudan, Tajikistan, Turkey, Uganda, United Kingdom and Yemen.

Today, 180 detainees remain at Guantanamo Bay.

Republicans force one-week delay in Judiciary's Kagan vote

Senate Republicans have delayed the Judiciary Committee vote on Elena Kagan’s confirmation to the Supreme Court for one week.
By Susan Crabtree

Read more: http://www.thehill.com/homenews/senate/108383-kagan-post-do-not-publish-

Sure wish they could delay it until after the 2012 election... ;-)

Whitman Leads in California

A new SurveyUSA poll in California finds Meg Whitman (R) leading Jerry Brown (D) by seven points among likely voters in the race for governor, 46% to 39%.

Key finding: Whitman gets 77% of Republican voters, while Brown gets the support of 64% of Democrats. Independents break by a 5-4 margin for Whitman.

Whitman Leads in California

Something to check out...

I started getting an email with link in my inbox for this site. I didn't click the link, but went to the website to see if it was legit. I was amazed at the combination of "White House Live", a listing of progressive radio stations, United Nations News, and, and... oh, go see for yourself. http://www.minoritynews.net/

Love the bit about it being "your unfiltered news center"...

Obama Admin Censoring Oil Spill Reporting?

A friend of mine zapped me a commentary regarding free speech, Obama administration censoring reporting on the oil spill, etc. so I went a-wandering on the Internet to see what I could find. This may be old news to many of you, but it's new for me so I'm sharing.

In looking around I found all kinds of stories about the squashing of reporting on the oil spill, but loads on Obama's efforts to squelch all kinds of reporting... Here's one page with a listing of links to a wide variety of censorship efforts: http://www.examiner.com/x-6495-US-Intelligence-Examiner~y2010m6d13-Censored-news-Crackdown-on-news-leaks-Gulf-oil-spill-news-blocked-leak-amount-minimized-more (I don't know anything about the Examiner... but the links go to NY Times, etc.)

When Reuters reports, when CNN reports.... you know that Obama has crossed every possible line!

U.S. media union to monitor restrictions on spill coverage
(Reuters) - A major U.S. union representing broadcast journalists said on Thursday it would monitor reports of censorship and restrictions on access for reporting on the oil spill crisis in the Gulf of Mexico. The American Federation of Television and Radio Artists (AFTRA) said it had launched a website to gather published accounts about journalists being hindered from gathering information about the worst oil spill in U.S. history. "We are concerned about continuing reports that journalists are being denied access to sources and public places necessary for them to fully cover this important story," AFTRA national president Roberta Reardon said in a statement. 

http://www.reuters.com/article/idUSTRE66103X20100702

AFTRA's website: http://www.aftra.com/access4media.htm

Efforts to Limit the Flow of Spill News
June 10, 2010, New York Times
http://www.nytimes.com/2010/06/10/us/10access.html When the operators of Southern Seaplane in Belle Chasse, La., called the local Coast Guard-Federal Aviation Administration command center for permission to fly over restricted airspace in [the] Gulf of Mexico, they made what they thought was a simple and routine request.

I'm seeing stuff on Mother Earth News (definitely not a right leaning pub), etc. I don't have a lot of time to go into great depth right now, but there's a definite trend of media censorship floating across the web. We all know that Obama is working hard to grab control of the news, shape the way the media reports (I mean, just look at what they did with access to Kagan and her family... the in-house fairy-tale White House controlled 'interview' of her, etc.).

The Left used to scream that George W. was gonna kill free speech, monitor their phone lines and emails, etc., etc. They seem to be waking up to the fact that Obama is the embodiment of their fears...