Border Blogs: Expressing our Border Culture

Exclusive in the El Paso Times today
Miguel De la Madrid's presidency had highest homicide rates of five past Mexican presidents
http://www.elpasotimes.com/news/ci_19824147The Killing Fields: Harvest of Women, the first investigative book about the Juarez murders by a U.S. journalist.

•KVIA reporter and weekend anchor Daniel Marin said goodbye to viewers during his last newscast Sunday evening. Marin will be devoting himself full-time to his band The Royalty, which signed with Victory Records in November. •Newspaper Tree recently posted a...

Texas Attorney General Greg Abbott on Monday launched another public rebuke of President Barack Obama’s administration, filing a suit in court seeking quick implementation of the state's new voter identification law.

The law, which requires voters to show photo identification before casting ballots in elections, is on hold as the U.S. Department of Justice determines its compliance with the Voting Rights Act of 1965. The act seeks to prevent the disenfranchisement of minority voters in states with a history of discrimination.

Abbott is now trying to fast-track the law, which was scheduled to take effect Jan. 1, by asking a federal panel of judges to give it the go ahead. He suggests in court documents that the Department of Justice is stalling and could ultimately reject the state’s voter identification legislation as it did in South Carolina.

In South Carolina’s case, the Department of Justice said the law discriminated against minorities who had higher numbers of voters without photo identification than their white counterparts.

“The U.S. Supreme Court has already ruled that voter identification laws are constitutional,” Abbott said in a statement, referring to states that are not subject to the Voting Rights Act. “Texas should be allowed the same authority other states have to protect the integrity of elections.”

Democrats and Republicans in the state have long battled over the passage of laws that require photo identification at the polls. The measure— requiring voters to show a driver's license, state-issued personal ID card, military ID, U.S. passport, citizenship certificate, or concealed handgun license—sailed through the Texas legislature last year after Republican lawmakers established large majorities in the House and Senate.

Voters, who are considered disabled by the Social Security Administration or the Department of Veterans Affairs, are exempt from providing photo identification.

The law provides free state-issued “election identification certificates” to Texans who say they need one to vote. It also allows voters to cast a provisional ballot without photo identification but they would have to return in six days with proof. Otherwise, their ballots would not be counted.

Supporters of the law say it curbs fraud in elections and simply requires voters to show a photo at the polls just as they would when writing a check.

Opponents say proof of widespread voter fraud does not exist. They argue that the measure suppresses the votes of poor and minority voters who do not have photo identification.

The Department of Justice, which received Texas’ request that it clear the voter ID law in July, has twice sought a breakdown of minority voters with and without state-issued photo identification.

State Rep. Naomi Gonzalez, D-El Paso, called the voter ID law and the latest legal action by the attorney general a “waste of taxpayer money” and an example of “bigger government.”

Gonzalez, state Sen. Jose Rodriguez and state Reps. Marisa Marquez and Inocente “Chente” Quintanilla—all Democrats--voted against the law. State Reps. Dee Margo, R-El Paso, and Joe Pickett, a democrat, supported the measure.

“Part of the reason the DOJ is requesting information and has not implemented our specific law is there is a gross lack of detail on how exactly Texas is going to implement this voter ID law,” Gonzalez said.

[Eyes are on Mexico. The U.S. CIA director and the U.S. Speaker of the House met separately with Mexican President Felipe Calderon within the past two weeks.//WLM]

January 22, 2012
Security News
Reprinted with permission
Super Embassy on Order
The U.S. government is moving ahead with plans to construct a large new embassy in Mexico City. Slated for the upscale Polanco section of the Mexican capital, the planned complex is envisioned to cover about 13 acres on a plot of land that was purchased from the Colgate-Palmolive company. Estimated to cost between $350 and $450 million, the new quarters for U.S. government agencies operating in Mexico are expected to be fully completed by 2019. In opening bids for the construction, Washington specified that the architecture had to conform with LEED Platinum green building designs.
The Mexico City project is among the latest in a series of building renovations for U.S. diplomatic and foreign policy functions in Mexico and other parts of the world. Last summer, for example, a new consular building covering 100,000 square feet and costing $120 million opened for business in the border city of Tijuana, Baja California. Besides processing 190,000 visas annually, the U.S. Consulate is an important outpost in counter-narcotics work and houses agencies such as ICE, the DEA, the FBI and others.
"We are basically a mini-embassy representing the U.S. government in this part of the world," Steven Kashkett, U.S. counsel general in Tijuana, said at the time of his new office's opening last year.
In good measure, the investment in and upgrade of U.S. diplomatic offices in Mexico reflects the growing importance of law enforcement, military assistance and private defense contracting in the
bilateral relationship between Washington and Mexico City. Mexico is second only to Afghanistan/Pakistan as the nation of priority for US national security planners.
In December, the Obama administration dispatched Captain Colin J. Kilrain to oversee military affairs at the U.S. Embassy in Mexico City. Nominated for rear admiral, Kilrain was previously responsible for counter-terrorism in the National Security Council. A veteran of the Persian Gulf, Balkan, Iraq and Afghanistan wars, Kilrain was associated with the elite U.S. Navy SEAL team prior to taking on other responsibilities in the War on Terror.
Kilrain's Mexico City appointment could signal a renewed push by the Obama and Calderon administrations to attack and decapitate the leadership of organized crime organizations before the Mexican president's (and possibly Obama's) term in office ends later this year. The apprehension or elimination of 15 remaining capos on a most wanted list is of special interest to the two allied governments.
Since the launch of the bilateral, anti-drug Merida Initiative, U.S. security-related activities have expanded enormously in Mexico, as has the need for secure space. According to Mexican media reports, a building near the current U.S. Embassy houses Pentagon staff and personnel from an alphabet's soup of other agencies dedicated to implementing the Merida strategy. The company that is awarded the contract for building the new embassy will have to pass a U.S. national security clearance.
Frontera NorteSur: on-line, U.S.-Mexico border news
Center for Latin American and Border Studies
New Mexico State University
Las Cruces, New MexicoThe Killing Fields: Harvest of Women, the first investigative book about the Juarez murders by a U.S. journalist.

A Democratic leader in the Texas House is calling on Gov. Rick Perry to reimburse state taxpayers for the retirement disbursements and the millions spent on his security detail while he traveled out of the state for his presidential bid.

State Rep. Jessica Farrar, D-Houston, who heads the Texas House Democratic caucus, sent a letter to Perry asking that he return the $2.6 million the state paid for DPS troopers to accompany him during his presidential run and the $92,000 he collected in retirement money. She said in the letter "we could put that money back into classrooms, health services, or disaster relief services. I am open to your suggestions."

But that is unlikely, according to Perry spokeswoman Lucy Nashed, who issued a terse retort. Nashed said "not a dime of the governor’s political travel was borne by Texas taxpayers."

"Gov. Perry is governor no matter where he goes and the Department of Public Safety has a policy of providing security for governors and their families everywhere they travel, as they have back several administrations," Nashed said. "These policies are determined by DPS and not the governor’s office. It’s unfortunate that we live in a day and age where security is an issue. We respect and appreciate the officers who provide security for the Governor and First Lady and other state officials, just as they’ve done for decades."

Perry's retirement allows him to collect his pension while still serving as governor. Nashed said that "is consistent with Texas state law and Employees Retirement System rules." 

"We’re encouraged to see Rep. Farrar wanting to join the ranks of fiscal conservatives in Texas, and look forward to her joining our efforts to persuade Congress and President Obama to repeal the fiscally irresponsible mandates of Obamacare, noting the importance that our nation live within its means," Nashed said.

Below is the letter issued today by state Rep. Jessica Farrar, D-Houston:

Dear Governor Perry:

I want to be the first person to welcome you back to Texas. We have a lot of work to do for our great state, and I know you are ready to get started.

I have a few ideas as to where we should begin our work, but first I want to make a confession to you, and it's a big one. Okay, here it goes: I… am a fiscal conservative. Yes, I admit it.

As a fiscal conservative, I believe government is supposed to be a wise steward of tax dollars. I believe that if the government must spend money, it should be for essential public services, like education, infrastructure, health services for the young and elderly, and disaster relief. I believe that unnecessary government spending is not just morally wrong, it is criminal. Tax dollars do not belong to the government or elected officials; tax dollars belong to taxpayers.

One way to protect taxpayers' money is by not spending it unnecessarily. But, if someone discovers tax dollars have been spent unnecessarily, it should be reimbursed either to general revenue or directly to taxpayers. With this in mind, I suggest you reimburse Texas taxpayers for the money you spent on travel expenses leading up to your withdraw from the GOP primary race. As of mid-January, you spent approximately $2.6 million of taxpayer money.

Additionally, because I know you take pride in being a fellow fiscal conservative, please also return the $92,376 in "retirement" pension you received last year, despite the fact that you have not retired.

 Please submit to the Texas Comptroller's Office a check in the amount of $2,692,376, plus any other expenses related to your out-of-state campaign activity that you charged to Texas taxpayers.

Given that $2,692,376 million amounts to about ten cents for each Texan, direct reimbursement from the Comptroller to taxpayers does not seem like a wise expenditure of taxpayers' money -- stamps are expensive these days. Instead, we could put that money back into classrooms, health services, or disaster relief services. I am open to your suggestions.

As a fellow fiscal conservative, I look forward to working with you during your final term as Texas governor to identify ways to eliminate unnecessary government spending. We have a lot of work to do, so let's get started before you leave.

Very sincerely,

Jessica Farrar

State Representative, District 148

Editor’s note: This is an e-mail I sent to Bob Moore, editor of the El Paso Times, regarding today’s story on Mayor Cook’s legal fees.  The reporter, Marty Schladen, refuses to ask Mayor Cook who is paying his legal fees and why he has not reported this on his campaign finance report. Dear Bob,
 
Today Marty Schladen reported that Stuart Leeds and I have contended that Mayor Cook has “secretly” received money.  That is not true.  We have never said that and you will find that no where in any statement, record, etc.
 
What we have said over and over is that we believe that someone, other than the Mayor, is paying the Mayor’s legal fees.  The Mayor “secretly” receiving money to pay his legal bills is entirely different from the law firm receiving money from a third party or the law firm donating its services.
 
We would like a correction.
 
Also Mayor Cook testified under oath a few months ago to having incurred approximately $85,000 in legal fees.  Up to that date, the mayor had not paid those fees. He has now incurred more.
 
The Mayor’s campaign finance report indicates that he used $2000.00 of campaign money to pay legal fees.  The other $83,000 plus of those legal fees are unaccounted for.  If the firm is doing the work pro-bono, then Cook did not claim those services as a campaign contribution as he is required to do. If someone else paid the firm, then Cook again needs to report that as a campaign contribution. (Note, Susie Byrd correctly claimed legal services Steve Ortega performed for her as a campaign contribution).
 
Why was this most obvious point not in your story?
 
Sincerely,
 
TCaballero

Texas Gov. Rick Perry's campaign released the text of his speech dropping out of the race for president. Here is a copy: Text of Gov. Rick Perry's Remarks 1/19/12, North Charleston, S.C.
NORTH CHARLESTON, S.C. - Below is the text of Gov. Perry's speech today. 
*NOTE: Gov. Perry sometimes deviates from prepared remarks.
Thank you. As I have stated numerous times on the campaign trail, this campaign has never been about the candidates. I ran for President because I love America, our people and our freedom.   But the mission is greater than the man.   As I have traveled across this great country: from New Hampshire to California, from Iowa to Florida, and to numerous states in between, I have discovered a tremendous purpose and resiliency in our people.  They have never lost hope despite current circumstances.  They haven't stopped believing in the promise of America or the American Dream.  Americans are down, but we can never be counted out. We are too great a people.  What is broken in America is not our people, but our politics.  And what we need is a Washington that is humbler, with a federal government that is smaller so our people can live freer. I entered this campaign offering a unique perspective: a governor who has led a large state leading the nation in job creation, an executive leader who has implemented conservative policies, a son of tenant farmers born with little more than a good name, but who has experienced the great possibilities of freedom.  But I have never believed that the cause of conservatism is embodied by any one individual. Our party, and the conservative philosophy, transcends any one individual.  It is a movement of ideas that are greater than any one of us, and that will live beyond our years. As a former Air Force pilot, I know we can't lose track of the ultimate objective in carrying out our mission, and that objective is not only to defeat President Obama, but to replace him with a conservative leader who will bring about real change. Our country is hurting with more than 13 million unemployed, nearly 50 million on food stamps and a debt of more than $15 trillion and growing. We need bold, conservative leadership that will take on the entrenched interests and give the American People their country back. I have always believed the mission is greater than the man.  As I have contemplated the future of this campaign, I have come to the conclusion that there is no viable path to victory for my candidacy in 2012. Therefore, today I am suspending my campaign and endorsing Newt Gingrich for president. I believe Newt is a conservative visionary who can transform our country.  We have had our differences, which campaigns inevitably bring out. And Newt is not perfect, but who among us is? The fact is, there is forgiveness for those who seek God and I believe in the power of redemption, for it is a central tenet of my own Christian faith.  And I have no question Newt Gingrich has the heart of a conservative reformer, the ability to rally and captivate the conservative movement and the courage to tell the Washington interests to take a hike if it's what is best for the country. As a Texan, I have never shied away from a good fight, especially when the cause was right.  But as someone who has always admired a great Texas forefather -- Sam Houston -- I know when it is time for a "strategic retreat." So I will leave the trail, return home to Texas and wind down my 2012 campaign organization.  And I will do so with pride knowing I gave myself fully to a cause worthy of our country.  And as I head home, I do so with the love of my life by my side, a woman who makes every day a good one when she is by my side, my wife Anita.  Thank you Anita for all you have done. I also want to thank my son Griffin, my daughter Sydney, and my daughter-in-law Meredith for standing with us in this great effort. With a good wife, three wonderful children, and a loving God in my life, things will be good no matter what the future holds. I'm proud of the policies we put forward to the American people and believe they provide the right path forward for our party and our nation: overhauling Washington and returning power to state and local governments and to the people, creating energy jobs and energy security, cutting spending and eliminating unnecessary federal agencies and cutting taxes to a flat, fair 20 percent.    And I will continue to fight for these conservative reforms because the future of our country is at stake and the road we are traveling today - President Obama's road - endangers our future. I want to thank some wonderful individuals who have stood by my side in this state: Katon Dawson, Ambassador Wilkins, and a strong and good man serving you in Congress, Mick Mulvaney. I want to thank all my supporters from across the country, in particular Governor Bobby Jindal, Steve Forbes and Governor Sam Brownback, as well as Senator Jim Inhofe, Congresswoman Candice Miller and Congressman Sam Graves. And I want to say a special thanks to three distinguished veterans who have joined me on the campaign trail: Medal of Honor awardee and Navy SEAL Mike Thornton, Navy Cross recipient Marcus Luttrell and Purple Heart recipient, Marine Captain Dan Moran. I began this race with a sense of calling.  I felt led into this arena to fight for the future of this country.  I feel no different today than I did then, knowing a calling never guarantees a particular destination, but a journey that tests one's faith and character. So now the journey leads us back to Texas, neither discouraged nor disenchanted, but instead rewarded for the experience and resolute to remain in the arena and in the service of a great nation.  Our country needs bold leadership and a real transformation.  We must rise to the occasion and elect a conservative champion to put our nation back on the right track.   And this I know, I am not done fighting for the cause of conservatism. In fact I have only begun to fight.  Thank you, God bless you, and God bless America.

South Carolina will no longer be Texas Gov. Rick Perry’s last hurrah.

Perry ended his bid for president at a news conference this morning in South Carolina and endorsed former House Speaker Newt Gingrich. GOP candidates will participate in a debate tonight ahead of South Carolina's primary election on Saturday.

"I have come to the conclusion that there is no viable path forward for me in this 2012 campaign," Perry said. "Therefore, today, I am suspending my campaign and endorsing Newt Gingrich for president of the United States."

"I believe Newt is a conservative visionary who can transform our country," Perry said. "We've had our differences, which campaigns will inevitably have and Newt's not perfect but who among us is."

The news has El Paso supporters reflecting on a brief campaign that saw Perry initially take a lead in polls before poor debate performances eroded support.

“I just thought he had a great chance,” Ted Houghton, chairman of the Texas Transportation Commission, said. “I think he would have made a great president and I’m sorry to see that others in the country didn’t get to see him as I know him.”

Below are contributions to El Paso incumbents for the state House and state Senate who are unopposed. The figures run from July 1 through Dec. 31, the latest campaign filing period.

•State Rep. Joe Pickett, D-El Paso, collected $8,750. He spent $23,633 and has $125,315 on hand.
•State Rep. Naomi Gonzalez, D-El Paso, received $34,879. She spent $33,109 and has $8,043 in the bank.
•State Sen. Jose Rodriguez, D-El Paso, raised $116,260. He spent $99,022 and has $103,255 left to spend.

State Rep. Dee Margo, R-El Paso, did not wait for the primary election to wrap up to start gearing up for his rematch against former Democratic state Rep. Joe Moody.

Margo received $84,686 in political contributions between July 1 and Dec. 31, according to campaign finance reports released today. He spent $76,696 and has $67,228 remaining in the bank.

Moody raised $13,025 during the same time period. He spent $5,913 and has $13,986 left to spend.

Newcomer Mary Edna Gonzalez has substantially more money in the bank than her opponents in the race for House District 75.

Gonzalez, with help from Annie's List, a political action committee that raises money for Democratic women candidates, received $21,326 in the month of December. She spent $1,854 and has $19,483 left to spend on her campaign.

County Comissioner Willie Gandara Jr. has no money left in the bank, according to his latest campaign finance report that runs from July 1 to Dec. 31. He collected $5,107 during that time period and spent $11,875.

Community College Board Trustee Art Fierro has about $470 in the bank, according to reports. He raised about $2,625 and spent $2,034.

Campaign finance reports were not yet available for Hector Enriquez with T & T Staffing.

State Rep. Marisa Marquez, D-El Paso, has $33,900 in the bank left to spend on her reelection campaign, according to the latest campaign finance reports.

That is a stark contrast from her opponent, Ricardo Aaron Barraza, who did not have any money in the bank as of the end of the year.

Marquez raised $52,978 and spent $44,052 between July 1 and Dec. 31.  Barraza, who entered the race last month, received a $38.05 in-kind donation for a domain name between Dec. 19 and Dec. 31. He did not spend any money, according to his report.

Check back for more updates.

State Rep. Marisa Marquez, D-El Paso, and school board members will participate Wednesday in the first meeting of the Task Force for School Board Transparency.

The task force, created by Marquez, will address selection criteria for school board members and the superintendent, increased access to campaign financial reports and financial accountability for district employees. 

The meeting will be from 4 to 7 p.m. Wednesday in the Board Room of El Paso Community College Administrative Services Center, 9050 Viscount Boulevard. It is open to the public.

"The goal of the task force is to bring the members of different school districts together and identify potential barriers to increased transparency in school boards," Márquez said. 

 

The audience at last night's GOP presidential debate seemed to boo Republican frontrunner Mitt Romney's ties to Mexico.

Below is a short video. I will try to find a better clip to post by the end of the day.

 

On January 24, 2012, Congress will vote to pass internet censorship in the Senate and a similar bill is pending before the House of Representatives. Both, Stop Online Piracy Act (SOPA) in the House and PROTECT-IP (PIPA) in the Senate are misguided attempts to deal with online intellectual property theft. Unfortunately their approach is draconian and goes against the fundamental principles of free speech and fair and equal protection under the law. Furthermore the Acts, as proposed, unilaterally impose sanctions against citizens of other countries without giving them the benefit of the due-process so enshrined in the US Constitution.

Under the Acts, a properly worded letter is all it would take to force a company, like Google to stop delivering search results for a targeted website, or a payment processor to stop accepting payments for a website or an Internet provider to stop delivering service. That’s it, a letter is sufficient to infringe on the rights of a website provider without recourse to due-process. Most egregious is that the legislation targets foreign website operators while leaving US-controlled domain names; .com, .net & .org under the umbrella of the protections of due-process. Unfortunately in their haste, the supporters of the legislation didn’t realize, or maybe they did, that US citizens also own and operate the website addresses they are targeting.

If this is allowed to happen, American citizens could be subjected to retaliatory legislative measures from other countries simply by having a website. Here is an example of one country’s wayward laws targeted at American citizens and the personal cost to the individual.

American Citizen, Joe Gordon was sentenced to two and a half years of prison in December 2011 for insulting King Bhumibol Adulyadej. Gordon had translated “The King Never Smiles”, a book banned in Thailand, and uploaded it unto the Internet while in the United States. Gordon is now serving a prison sentence, while awaiting a Royal pardon, for exercising his right to free speech.

His crime? Insulting the Thai monarch.

The Internet has given us the power to express ourselves and we all benefit from it. As passive readers or active participants the Internet empowers everyone, including those in repressive nations. To espouse freedom and Democracy for other countries while attempting to implement draconian measures is duplicity at its best. Either the Congress is for open freedom of speech and the free flow of information or it is about protecting the self-interests of a small minority.

One need not go further than Rupert Murdoch’s recent Tweeter tirade in support of SOPA in order to understand the fundamental drive for it. Murdoch went on a Twitter rampage shortly after the Obama administration conceded that it had reservations over the controls proposed by the legislation.

Murdoch wrote; “Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery”. Murdoch called Google the “piracy leader” through his Tweets. Murdoch used the very system he wishes he could shut off to express his fervent need to control the Internet to his own liking, or that of his pocket book which is probably the same.

That is the fundamental flaw in the legislation in that it punitively punishes innocent infringers by the actions of their membership without giving them the opportunity to respond via the time honored tradition of your day in court. Murdoch’s stance is understandable; his revenues are under heavy stress because his revenue model simply cannot compete in a connected world. Rather than adapt to a digital world, he would rather have Congress pass legislation that he can wield to hold the tide back for him.

Intellectual property theft is a serious problem not only for single-man bloggers but for multi-national conglomerates as well. Intellectual property is the single most important asset the United States is able to actively complete in the world market with, but to create legislation contrary to the fundamental guarantees to the US Constitution is not only foolhardy but dangerous to American citizens.

Wikipedia and Reddit, among other notable websites will go dark tomorrow, January 18, 2011 for twenty-four hours to protest this misguided attempt by Murdoch and his cohorts. You can do your part to thwart a would be attempt to censor the vehicle we have all come to rely on by calling or writing to your Congressmen to let them know you do not support these bills:

Click here for a Directory of Representatives.

The following is a list of cosponsors of the SOPA bill:

H.R.3261
Latest Title: Stop Online Piracy Act
Sponsor: Rep Smith, Lamar [TX-21] (introduced 10/26/2011)      Cosponsors (31)
Related Bills:S.968, S.1228
COSPONSORS(31), ALPHABETICAL
Rep Amodei, Mark E. [NV-2] – 11/3/2011
Rep Baca, Joe [CA-43] – 12/7/2011
Rep Barrow, John [GA-12] – 11/14/2011
Rep Bass, Karen [CA-33] – 11/3/2011
Rep Berman, Howard L. [CA-28] – 10/26/2011
Rep Blackburn, Marsha [TN-7] – 10/26/2011
Rep Bono Mack, Mary [CA-45] – 10/26/2011
Rep Carter, John R. [TX-31] – 11/3/2011
Rep Chabot, Steve [OH-1] – 10/26/2011
Rep Chu, Judy [CA-32] – 11/30/2011
Rep Conyers, John, Jr. [MI-14] – 10/26/2011
Rep Cooper, Jim [TN-5] – 12/12/2011
Rep Deutch, Theodore E. [FL-19] – 10/26/2011
Rep Gallegly, Elton [CA-24] – 10/26/2011
Rep Goodlatte, Bob [VA-6] – 10/26/2011
Rep Griffin, Tim [AR-2] – 10/26/2011
Rep Holden, Tim [PA-17] – 11/30/2011
Rep King, Peter T. [NY-3] – 11/3/2011
Rep Larson, John B. [CT-1] – 11/30/2011
Rep Lujan, Ben Ray [NM-3] – 11/14/2011
Rep Marino, Tom [PA-10] – 11/3/2011
Rep Nunnelee, Alan [MS-1] – 11/3/2011
Rep Owens, William L. [NY-23] – 11/14/2011
Rep Quayle, Benjamin [AZ-3] – 12/13/2011
Rep Ross, Dennis [FL-12] – 10/26/2011
Rep Scalise, Steve [LA-1] – 11/14/2011
Rep Schiff, Adam B. [CA-29] – 10/26/2011
Rep Sherman, Brad [CA-27] – 12/7/2011
Rep Terry, Lee [NE-2] – 10/26/2011
Rep Wasserman Schultz, Debbie [FL-20] – 11/3/2011
Rep Watt, Melvin L. [NC-12] – 11/3/2011

Freedom of Speech needs to be protected and nurtured or we will lose it. Take action and let them know you care.

On January 24, 2012, Congress will vote to pass internet censorship in the Senate and a similar bill is pending before the House of Representatives. Both, Stop Online Piracy Act (SOPA) in the House and PROTECT-IP (PIPA) in the Senate are misguided attempts to deal with online intellectual property theft. Unfortunately their approach is draconian and goes against the fundamental principles of free speech and fair and equal protection under the law. Furthermore the Acts, as proposed, unilaterally impose sanctions against citizens of other countries without giving them the benefit of the due-process so enshrined in the US Constitution.

Under the Acts, a properly worded letter is all it would take to force a company, like Google to stop delivering search results for a targeted website, or a payment processor to stop accepting payments for a website or an Internet provider to stop delivering service. That’s it, a letter is sufficient to infringe on the rights of a website provider without recourse to due-process. Most egregious is that the legislation targets foreign website operators while leaving US-controlled domain names; .com, .net & .org under the umbrella of the protections of due-process. Unfortunately in their haste, the supporters of the legislation didn’t realize, or maybe they did, that US citizens also own and operate the website addresses they are targeting.

If this is allowed to happen, American citizens could be subjected to retaliatory legislative measures from other countries simply by having a website. Here is an example of one country’s wayward laws targeted at American citizens and the personal cost to the individual.

American Citizen, Joe Gordon was sentenced to two and a half years of prison in December 2011 for insulting King Bhumibol Adulyadej. Gordon had translated “The King Never Smiles”, a book banned in Thailand, and uploaded it unto the Internet while in the United States. Gordon is now serving a prison sentence, while awaiting a Royal pardon, for exercising his right to free speech.

His crime? Insulting the Thai monarch.

The Internet has given us the power to express ourselves and we all benefit from it. As passive readers or active participants the Internet empowers everyone, including those in repressive nations. To espouse freedom and Democracy for other countries while attempting to implement draconian measures is duplicity at its best. Either the Congress is for open freedom of speech and the free flow of information or it is about protecting the self-interests of a small minority.

One need not go further than Rupert Murdoch’s recent Tweeter tirade in support of SOPA in order to understand the fundamental drive for it. Murdoch went on a Twitter rampage shortly after the Obama administration conceded that it had reservations over the controls proposed by the legislation.

Murdoch wrote; “Obama has thrown in his lot with Silicon Valley paymasters who threaten all software creators with piracy, plain thievery”. Murdoch called Google the “piracy leader” through his Tweets. Murdoch used the very system he wishes he could shut off to express his fervent need to control the Internet to his own liking, or that of his pocket book which is probably the same.

That is the fundamental flaw in the legislation in that it punitively punishes innocent infringers by the actions of their membership without giving them the opportunity to respond via the time honored tradition of your day in court. Murdoch’s stance is understandable; his revenues are under heavy stress because his revenue model simply cannot compete in a connected world. Rather than adapt to a digital world, he would rather have Congress pass legislation that he can wield to hold the tide back for him.

Intellectual property theft is a serious problem not only for single-man bloggers but for multi-national conglomerates as well. Intellectual property is the single most important asset the United States is able to actively complete in the world market with, but to create legislation contrary to the fundamental guarantees to the US Constitution is not only foolhardy but dangerous to American citizens.

Wikipedia and Reddit, among other notable websites will go dark tomorrow, January 18, 2011 for twenty-four hours to protest this misguided attempt by Murdoch and his cohorts. You can do your part to thwart a would be attempt to censor the vehicle we have all come to rely on by calling or writing to your Congressmen to let them know you do not support these bills:

Click here for a Directory of Representatives.

The following is a list of cosponsors of the SOPA bill:

H.R.3261
Latest Title: Stop Online Piracy Act
Sponsor: Rep Smith, Lamar [TX-21] (introduced 10/26/2011)      Cosponsors (31)
Related Bills:S.968, S.1228
COSPONSORS(31), ALPHABETICAL
Rep Amodei, Mark E. [NV-2] – 11/3/2011
Rep Baca, Joe [CA-43] – 12/7/2011
Rep Barrow, John [GA-12] – 11/14/2011
Rep Bass, Karen [CA-33] – 11/3/2011
Rep Berman, Howard L. [CA-28] – 10/26/2011
Rep Blackburn, Marsha [TN-7] – 10/26/2011
Rep Bono Mack, Mary [CA-45] – 10/26/2011
Rep Carter, John R. [TX-31] – 11/3/2011
Rep Chabot, Steve [OH-1] – 10/26/2011
Rep Chu, Judy [CA-32] – 11/30/2011
Rep Conyers, John, Jr. [MI-14] – 10/26/2011
Rep Cooper, Jim [TN-5] – 12/12/2011
Rep Deutch, Theodore E. [FL-19] – 10/26/2011
Rep Gallegly, Elton [CA-24] – 10/26/2011
Rep Goodlatte, Bob [VA-6] – 10/26/2011
Rep Griffin, Tim [AR-2] – 10/26/2011
Rep Holden, Tim [PA-17] – 11/30/2011
Rep King, Peter T. [NY-3] – 11/3/2011
Rep Larson, John B. [CT-1] – 11/30/2011
Rep Lujan, Ben Ray [NM-3] – 11/14/2011
Rep Marino, Tom [PA-10] – 11/3/2011
Rep Nunnelee, Alan [MS-1] – 11/3/2011
Rep Owens, William L. [NY-23] – 11/14/2011
Rep Quayle, Benjamin [AZ-3] – 12/13/2011
Rep Ross, Dennis [FL-12] – 10/26/2011
Rep Scalise, Steve [LA-1] – 11/14/2011
Rep Schiff, Adam B. [CA-29] – 10/26/2011
Rep Sherman, Brad [CA-27] – 12/7/2011
Rep Terry, Lee [NE-2] – 10/26/2011
Rep Wasserman Schultz, Debbie [FL-20] – 11/3/2011
Rep Watt, Melvin L. [NC-12] – 11/3/2011

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LAS CRUCES - It's been a year since an accidental fire in a storage building effectively destroyed the Las Cruces Sun-News complex at Las Cruces Avenue and Alameda Street. Now, with asbestos abatement in the 56-year-old former grocery store building...

Tejanos will soon have a permanent home at the Texas Capitol.

A groundbreaking ceremony Friday kicked off two months of preparations to install the first monument that honors the contributions of Tejanos—early Texas settlers of Spanish and Mexican descent who introduced ranching and missions, fought in critical battles and can be credited with the development of many towns and cities.

 But the effort to get such a monument on Capitol grounds was no easy feat.

 South Texas resident Renato Ramirez and others have labored for 12 years through legislative red tape, a misunderstanding of the role Tejanos played in the history of the state and attempts by naysayers to keep the monument away from the Capitol.

“There is no art that refers positively to Hispanics,” Ramirez, vice president of the nonprofit Tejano Monument Inc., said about the Capitol grounds. “They’ve got Santana on his knees with a sword to his neck. It’s always a put down.”

Ramirez recalled a visit to the governor’s office in 2000 that yielded his only encounter with Latino art at the Capitol. Even still, he said, the painting was of a Mexican hut, not of the ornate haciendas that produce pride in Mexican architecture.

“Hispanics are a very important part of Texas culture and history and we want to reflect positively on the accomplishments of Hispanics,” said Ramirez, who leads fundraising efforts for the project that has drawn more than $1 million in private donations.

State lawmakers appropriated an additional $1 million for the about 550-square-foot monument that is 10 feet tall and has 12 pieces including a Spanish explorer, a vaquero on a horse and two longhorns.

The monument — which reflects Tejano history starting with the arrival of the Spaniards in the 1500s— will be unveiled March 29, joining 18 permanent displays on Capitol grounds that include Heroes of the Alamo, confederate soldiers, the Texas Cowboy and volunteer firemen.

“The Capitol grounds, in part like the Capitol building, tell part of the great story of Texas and of the people and of the events that are important parts of our history,” John Sneed, Executive Director of the State Preservation Board, said. “This will be an important addition to telling part of our great story.”

 

Editor’s Note.  This is a letter Stuart Leeds and I wrote to the 34th Grand Jury.  The members of the grand jury will only receive the letter if DA Jaime Esparza chooses to give it to them.

January 11, 2012

Foreperson of the 34th Grand Jury

Members of the 34th Grand Jury

El Paso County, Texas

 Dear Foreperson and Members of the Grand Jury,

The District Attorney’s office has notified individuals that it will be presenting cases to the grand jury regarding certain former El Paso police officers and their conduct regarding actions taken under the STEP grants. 

Some months ago, TXDOT came to El Paso and conducted an audit of the STEP grants.  The auditors claim that certain officers were writing tickets not in compliance with the Grants.  Those officers were asked to resign.  Most of these officers had many years of service on the force with unblemished records. We know of one officer who was a SGT and had 17 years of duty.  These officers were called into a meeting where they were accused of crimes and irregularities.  They had no attorney representation and no meaningful representation by the police union.  They were in shock.

 Upon researching the issue, it has become clear that the El Paso Police Department receives Grant money for traffic, DWI, gang prevention enforcement, etc.  The terms of these Grants outline goals or more accurately “quotas” that the officer is “encouraged to meet.”  For example, the Grants say an officer should write three tickets an hour or an officer shall make one arrest for DWI while working the DWI STEP.  TXDOT will say that these are not “mandatory” goals or in plain language QUOTAS and therefore they are not illegal.

 Regardless of what TXDOT says, these goals were quotas and were in fact mandatory quotas at the El Paso Police Department.  If the officer did not meet the quotas he was discouraged from working the Grant and earning the extra money.  The threat was if the police department did not “produce” then TXDOT would not give the Department the Grants.  The heat was on the cops.

 Year after year, higher ups at the police department told officers verbally and in writing that if they did not produce the quotas they would not be allowed to work the grant.  We have enclosed an e-mail, which is one of many, which SGT Jack Mathews (recently retired-August 2011) wrote officers complaining that if they did not produce, they would not work the grant.  This policy was well known and an accepted practice at the police department.  That’s why it is in writing.

Other accepted practices at the police department by the higher ups were for officers not working STEP to kick a ticket or DWI arrest over to the Grant workers so they could get the credit.  Another accepted and approved practice was for an officer to count a ticket he wrote off Grant time as being issued under Grant time.  Under the gang Grant, officers would go to regional stations and ask for lists of wanted people and then go round them up even if these people were not gang related.  This way they could say they were “working the Grant.”  Another accepted, approved and encouraged practice was for officers to work past the Grant time to bring in the “goals” or quotas if they had not met them during the Grant time.

 All of the above listed practices were condoned and accepted UNTIL the State came in and audited the records and found tickets written outside Grant times, etc…TXDOT, which proclaims to have clean hands and not to condone “quotas” has threatened the City that if it doesn’t “clean this up” they, TXDOT, will not reissue Grants to El Paso.  Now all of a sudden these long-time officers are being run out and facing arrest and criminal charges for doing what was expected and encouraged and demanded of them if they wanted to continue to work under the Grants.    It is well known if you don’t make “quota” you will not work the GRANT for long.

 TXDOT is a problem as well.  The people at TXDOT act like they don’t have a quota because they call their quota system “goals.”  Does using one word over another really change reality?  What a farce.

 As grand jurors you should ask yourselves, “Is this right?”  “Am I going to be a part of this?”

You should issue subpoenas to former SGT. Jack Mathews and ask him about his e-mail.

You should subpoena all of the e-mails and communications the City has regarding the Grants and the administration of the Grants and review them.  The e-mail we have given you is one of many the City has.

You should ask the DA why he has not notified defense attorneys about the GRANT problems- the Defense attorneys who are handling cases with clients who were arrested under GRANTS by officers accused of wrongdoing.  (When we try and use the poor administration of the Grants to defend a client, DA Esparza and the City attorney Kenneth Krohn try and stop us.)

You should subpoena the City Attorney to ask her why she has not sent notices to defendants in traffic court who got tickets under the Grants written by officers being investigated.  If something is wrong with the ticket writing, don’t the people who were ticketed have a right to know?  If nothing is wrong and the City Attorney is not required to notice the ticket holder, then why is the grand jury, you, investigating the ticket writer?

There are City charts outlining income brought in under the Grant ticket writing vs. non-Grant ticket writing.  Follow the money.  The money is not free.  Every year the city has a budget item that presupposes a certain intake based on ticket writing.  How does Joyce Wilson, the City Manager, know in advance what that money will be if not for quotas?  Get the City budgets for the past three years and see for yourselves what is going on.  Should not the mayor and the city manager and council be responsible for this?

Is this issue not really about the system as a whole?  Should not the people in charge of running the GRANTS be held accountable and not the foot soldier?

Isn’t it always the little guy who gets left holding the bag while the problem persists and the money keeps coming in?  Rest assured, once these cops take the fall, the City will bring in a whole new fresh crop of cops to write three tickets an hour and nothing will change except we will have made criminals out of good people.  There are too many cops being accused of wrongdoing under the Grant for this to not be considered a problem with the whole system, the higher ups and the administrators of the Grants.  How is that no one at the police department thought anything was wrong until TXDOT came in?  Now the brass is running for the hills and leaving the hapless street cop exposed for following orders.

Please do not indict these good people for implementing department policy.  Please ask the hard questions.  Please look at the paperwork we have enclosed and ask for your own paperwork.  Ask for everything.

 Sincerely,

Theresa Caballero

Stuart Leeds

KFOX reporter Jacob Rascon, who was just beginning to make strides in covering the court beat, will be leaving the station on Jan. 27. Rascon has accepted a job as a multimedia journalist for KNBC in Los Angeles. He'll start...