POTUS In Portsmouth?

Potusmouth n/t (4.00 / 1)

We represent the Lollypop Guild, the Lollypop Guild, the Lollypop guild.

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by: JonnyBBad @ Sun Aug 02, 2009 at 16:24:14 PM CDT

Where's the first blockquote from? n/t (4.00 / 1)

birch, finch, beech

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by: Dean Barker @ Sun Aug 02, 2009 at 17:18:37 PM CDT

Kevin Landrigan's column (4.00 / 2)

http://www.nashuatelegraph.com...

The truth shall set you free.

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by: NHFlatlander @ Sun Aug 02, 2009 at 17:58:30 PM CDT

[ Parent ]

Thanks. n/t (0.00 / 0)

birch, finch, beech

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by: Dean Barker @ Sun Aug 02, 2009 at 18:22:00 PM CDT

[ Parent ]

(h/t Facebook) (0.00 / 0)

The link came to me via FB. I put it in the diary. Thanks for covering NHFlatlander.

www.KusterforCongress.com - www.paulhodesforsenate.com

www.nikitsongas.com - www.devalpatrick.com

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by: Jack Mitchell @ Sun Aug 02, 2009 at 19:17:36 PM CDT

[ Parent ]

Pease? Hm, rings a bell... (0.00 / 0)

Say, isn't that the one the Gregg boys held an interest in?

Judd, what's that little mark there on your ear? Maybe just a little schmutz from somewhere.

Office space, anyone?  

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by: GreyMike @ Sun Aug 02, 2009 at 21:41:04 PM CDT

It is still largely an untold story. (4.00 / 5)

In which a Governor and his political cronies set up a Commission packed with friends who then use an opaque no-bid process to give long term leases to public land to the Governors brother. That alone represents a massively corrupt betrayal of public trust.

When you add in the latter actions of the Governor/now Senator pumping millions of dollars in unvetted earmarks into building up the value of what has now become a joint venture of both Gregg brothers, it is astonishing in that:

1. No one was indicted.
2. The press in NH has never expended a drop on ink in discussing it.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

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by: Paul Twomey @ Mon Aug 03, 2009 at 06:10:25 AM CDT

[ Parent ]

is there a statute of limitations issue ? n/t (0.00 / 0)

We represent the Lollypop Guild, the Lollypop Guild, the Lollypop guild.

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by: JonnyBBad @ Mon Aug 03, 2009 at 07:13:50 AM CDT

[ Parent ]

on much if not all there is. (0.00 / 0)

But:

1. There is a value in telling the story so that the next time people in power want to set up a commission without Executive Council oversight we are alert to the dangers.

2. The most recent earmarks are certainly within the statute of limitations. There are all sorts of problems with a criminal prosecution at this time, including the real danger of political prosecutions like in the Siegelman case, but the theory underlying one is fairly simple and it should be examined, which is the theft of honest services.

3. If the Senate Ethics committee was a functioning entity, it would be the logical to conduct an inquiry, although much of the historical malfeasance was state related.

At a minimum people should know what was done with their property and why.

"But, in the unlikely story that is America, there has never been anything false about hope." Si se puede. Yes we can.  

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by: Paul Twomey @ Mon Aug 03, 2009 at 07:27:11 AM CDT

[ Parent ]

"honest theft of services" (0.00 / 0)

He did it honestly, he meant it.

http://www.abanet.org/crimjust...
Genesis of Honest Services

Passed in 1872 by Congress, the Mail Fraud statute was intended to, in the words of Rep. Farnsworth the legislation's sponsor, "prevent the frauds which are mostly gotten up in big cities . . .  by thieves, forgers and rapscallions generally, for the purpose of deceiving and fleecing the innocent people in the country."  Today, the Mail Fraud statute (18 USC § 1341) reads as follows:

Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations or promises . . . places in any post office . . . shall be fined under this title or imprisoned not more than 20 years, or both . . .

As the Mail Fraud statute evolved, many courts began to interpret it as allowing two separate types of fraud: 1) any scheme or artifice to defraud; or 2) any scheme for obtaining money or property by means of false or fraudulent pretenses.  This disjunctive reading of the statute allows for the prosecution of those who use the postal system to fraudulently deprive anyone of: 1) intangible property rights under the "any scheme or artifice" prong; or 2) tangible property rights under the traditional "money or property" prong.

As Ms. Thompson and others have discovered, the inherent vagueness of what constitutes intangible property rights gives prosecutors significant leeway in deciding whether to bring charges under this statute.  At least initially, this doctrine was used as an anti-corruption tool to prosecute government officials for failing to render honest services to the public.  However, this honest services doctrine has been expanded to include those outside of government. United States v. Rybicki, 354 F. 3d 124 (2d Cir. 2003) (private lawyers).

By including 'those outside of government' it should encompass brothers as well.

And there is precedent for suing in State Court under the Federal Statute...

http://cooljustice.blogspot.co...
Thursday, July 12, 2007
Theft Of Honest Services
News & Commentary

By ANDY THIBAULT
The Cool Justice Report
www.cooljustice.blogspot.com
July 12, 2007

EDITOR'S NOTE: This column is available for reprint courtesy of The Cool Justice Report, http://cooljustice.blogspot.com

When a public official betrays his duty for personal gain, he commits what the courts call "Theft Of Honest Services."

Courts have consistently held that breaches of fiduciary duty are felonies. The courts treat any and all legal duties of public officials as "fiduciary."

Sometimes this seems like a stretch. For example, mail fraud statutes have been used to bootstrap state crimes and violations of regulations into major felonies. By major, I mean felonies carrying 20 year sentences.

This political corruption prosecution strategy, however, works. Ask former Illinois Gov. George Ryan, sentenced to 6 ½ years in prison for crimes including steering contracts and taking free vacations from benefactors.

In another twist, Connecticut State Sen. Lou DeLuca was investigated by the federal government but processed in state court.

We represent the Lollypop Guild, the Lollypop Guild, the Lollypop guild.

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by: JonnyBBad @ Mon Aug 03, 2009 at 08:00:54 AM CDT

[ Parent ]

While I don't think it applies to Don Siegelman, I think the (4.00 / 1)

"theft of services fraud" charge has merit.  It may just be an artifact of lazy reporting, but I've seen no evidence that the hospital board to which Scrushy was re-appointed was any sort of plum and put him in line for getting preferential contracts.

Bush/Cheney, on the other hand, engaged in theft of services whenever they collected a pay-check since they didn't carry out their duty to protect the Constitution or execute the laws.

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by: hannah @ Mon Aug 03, 2009 at 11:58:01 AM CDT

[ Parent ]

not one shred. n/t (0.00 / 0)

We represent the Lollypop Guild, the Lollypop Guild, the Lollypop guild.

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by: JonnyBBad @ Mon Aug 03, 2009 at 15:32:00 PM CDT

[ Parent ]

Oh Jeeze... (0.00 / 0)

I can just see it...

The Judd Gregg Pease Tradeport
(hey, at least he has a thread of connection unlike Manchester's bridge)

but I imagine he won't be satified until...

The Judd Gregg Terminal

on Judd Gregg Boulevard

leading to The Judd Gregg Spaulding Turnpike

which can take you to Lake Judd Gregg Winnipesauke

and ride the Mt. Washington Judd Gregg Boat

while sipping Sam Adams Judd Gregg Beer.


Have you written a letter to the editor today? Have you donated today? Have you put up signs? Have you made calls? Have you talked to your neighbors?

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by: Ray Buckley @ Sun Aug 02, 2009 at 21:52:40 PM CDT

But Those Signs! (0.00 / 0)

We can't have those highway signs pointing out real recovery in progress now can we?
They don't say Judd Gregg anywhere on them!!

No'm Sayn?

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by: BurtCohen @ Mon Aug 03, 2009 at 11:00:56 AM CDT

[ Parent ]

Exactly! N/t (0.00 / 0)

Have you written a letter to the editor today? Have you donated today? Have you put up signs? Have you made calls? Have you talked to your neighbors?

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by: Ray Buckley @ Mon Aug 03, 2009 at 11:28:16 AM CDT

[ Parent ]

If the rumor is accurate, then I suggest getting ready with (0.00 / 0)

posters:

OPT-OUT AFGHANISTAN

OPT-IN MEDICARE

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by: hannah @ Mon Aug 03, 2009 at 05:39:47 AM CDT

I might go with... (0.00 / 0)

... "Take Harry Reid's leash away from Mitch McConnell, and put the Senate in order!"

Too wordy? Too partisan?

Regards,
Corporate Dog

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by: Corporate Dog @ Mon Aug 03, 2009 at 09:23:57 AM CDT

[ Parent ]