Mitt's Nightmare: Ron Paul supporters take over State Conventions

Ignored by the mainstream media and cheated out of wins in the Republican primaries and caucuses, Ron Paul supporters are getting their revenge.

We reported in February that Romney supporters in Iowa announced Romney’s supposed win prematurely, and later had to admit that Santorum had won.

Then, a week later, we broke the story as to how Maine Republican leaders announced that Romney had won that state’s caucuses without waiting for Paul’s strongholds in Waldo and Washington County were counted.

Now, in both states, Paul supporters have taken control of the state parties. Even more embarrassing for Mitt, they have taken over his home state Massachusetts delegation as well.

At the Massachusetts’ state convention less than half of Romney’s 27 chosen delegates were formally elected to attend the national convention. Paul supporters won all of those slots instead. That means that while the state’s delegates are technically committed to vote for Romney, they also choose the state party chairman, vote their conscience on the official platform and procedural votes, and can support whoever they want for VP nominee.

In Maine yesterday, Brent Tweed, a York County state committee member and Paul supporter, defeated party-favorite (and one-time Gubernatorial candidate) Charles Cragin for the post of state party chairman by a vote of 1,118 – 1,114. Paul supporters also successfully elected Ron Morrell as the state party secretary.

Paul backers in Alaska were elected as party chairman and co-chairman. Paul supporters are now a majority in the Iowa GOP’s State Central Committee, and he’s set to claim a majority of the state’s delegates despite finishing third in the caucuses. They took over the Louisiana caucuses, carrying four out of six congressional districts with a tie in a fifth. That means 74 percent of the state’s convention delegates will be Paul backers. In Minnesota, Paul won 20 of 24 delegates allocated at congressional district conventions, and he’s expected to take more at the statewide convention. Paul supporters teamed up with backers of former Pennsylvania senator Rick Santorum in Colorado to get 13 delegates.

The candidate has also picked up small delegate gains in states where Romney won big — for example, five delegates in Pennsylvania and four in Rhode Island. And in the upcoming convention, it’s a good bet that Paul will capture that delegation as well.

Mitt may have done well getting the entrenched establishment pronounce their support,  securing donations from Wall Street buddies, and purchasing votes and media adulation....but he is having significant trouble with his ground game, and may find that the national convention in Tampa may be more of a headache than he expected.


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9 Rights Groups to Attorney General: "Protect Occupy Reporters"

Earlier today 9 different organizations suporting the First Amendment's Freedom of the Press delivered a letter to U.S. Attorney General Eric Holder demanding that his office investigate the jailing of more than 70 citizen-journalists during Occupy Wall Street Protests, and the intimidation of dozens of others. The groups termed police actions since the September 17 Occupy protests began a "suppression of speech as a national problem that deserves your full attention."

In August of 2011, the First Circuit Court of Appeals (covering Maine, New Hampshire, Massachusetts, Rhode Island, and Puerto Rico) ruled in Glik v. Cunniffe that citizens have a Constitutional right to film police in the course of their duties Full Text.

Glik was arrested for using his cell phone’s digital camera to film several police officers arresting a man on the Boston Common. The charges against him for violating a state wiretap statute and two other offenses were eventually dismissed. Glik sued the officers under 42 U.S.C. § 1983 claiming that his arrest for filming the officers violated his First and Fourth Amendment rights.

The court held that the officers were not entitled to immunity from prosecution. First, a citizen’s right to film government officials, including law enforcement officers, in the discharge of their duties in a public space is a basic, vital and well-established liberty protected by the First Amendment. Glik was exercising clearly established First Amendment rights in filming the officers in the Boston Common, the oldest city park in the United States. Additionally, the officers arrested Glik without probable cause, in violation of the Fourth Amendment.

The full text of today's letter:

Dear Attorney General Eric Holder:

The First Amendment has come under assault on the streets of America. Since the Occupy Wall Street movement began, police have arrested dozens of journalists and activists simply for attempting to document political protests in public spaces. While individual cases may not fall under the Justice Department’s jurisdiction, the undersigned groups see this suppression of speech as a national problem that deserves your full attention.

The alarming number of arrests is an unfortunate and unwarranted byproduct of otherwise positive changes. A new type of activism is taking hold around the world and here in the U.S.: People with smartphones, cameras and Internet connections have been empowered with the means to report on public events. These developments have also created an urgent need for organizations such as ours to defend this new breed of activists and journalists and protect their right to record.

Freedom of speech, freedom of assembly and freedom of access to information are vital whether you’re a credentialed journalist, a protester or just a bystander with a camera. In the digital age, these freedoms mean that we all have the right to create and share information using all manner of devices and lawful means.

In this new environment, we must guard these rights and protect the networks that give so many the means to connect and voice their political beliefs. The First Amendment’s protections must extend to everyone. The right to record is an essential component of our rights at a time when so many of those witnessing public protests carry networked, camera-ready devices such as smartphones. Continuous access to the open Internet and social media — over both wired and wireless networks — is also essential.

We the undersigned call on authorities at the local, state and federal level to stop their assault on people attempting to document protests and other events unfolding in public spaces. We must protect everyone’s right to record.

Sincerely,

Access
American Civil Liberties Union
Electronic Frontier Foundation
Free Press
National Press Photographers Association
New America Foundation
Reporters Committee for Freedom of the Press
Reporters Without Borders
Witness



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On May 1 (International Labor Day): Time to Repeal Taft-Hartley

In a broadcast to the AFL-CIO merger meeting On December 5, 1955, President Dwight D. Eisenhower said,

“You of organized labor and those who have gone before you in the union movement have helped make a unique contribution to the general welfare of the Republic--the development of the American philosophy of labor. This philosophy, if adopted globally, could bring about a world, prosperous, at peace, sharing the fruits of the earth with justice to all men. It would raise to freedom and prosperity hundreds of millions of men and women--and their children--who toil in slavery behind the Curtain.
One principle of this philosophy is: the ultimate values of mankind are spiritual; these values include liberty, human dignity, opportunity and equal rights and justice.

Workers want recognition as human beings and as individuals-before everything else. They want a job that gives them a feeling of satisfaction and self-expression. Good wages, respectable working conditions, reasonable hours, protection of status and security; these constitute the necessary foundations on which you build to reach your higher aims. “

When Eisenhower gave this speech in the 1950s, more than one-third of all American workers were members of a union. Unions were largely credited with bringing about the 40-hour work week, the 8-hour day, the concept of a “weekend,” health coverage, pension reform, and safe working conditions. But today, union membership in the private sector has fallen to 7.2% While some of that is due to changes in industry structure in the US, the single biggest factor that has contributed to the elimination of union protections and bargaining powers is the Taft-Hartley Act.

Passed in 1947 over the veto of President Harry Truman, the Taft-Hartley Act (often known in labor circles as "the slave-labor bill") has been described by Ralph Nader as "one of the great blows to American democracy…that fundamentally infringed on workers' human rights" -- most importantly, their right to unionize.

The includes the following provisions:

- Authorizes states to enact so-called ‘right-to-work’ laws. These laws undermine the ability to build effective unions by creating a free-rider problem—workers can enjoy the benefits of union membership in a workplace without actually joining the union or paying union dues. Right-to-work laws increase employer leverage to resist unions and vastly decrease union membership, thus dramatically diminishing unions' bargaining power. 23 states are currently right-to-work states, with legislation threatening in New Hampshire and Wisconsin.

- Defines "employees" for purposes of the Act as excluding supervisors. This diminishes the pool of workers eligible to be unionized. The exclusion of supervisors from union organizing activity also means they can be used (and coerced) as management's "front line" in anti-organizing efforts; what's more, employers can fire supervisors who try to unionize.

- Defines "employees" for purposes of the Act as excluding independent contractors. It means that institutions such as colleges can hire staff, often using grant funds, as ‘independent contractors,’ thus excluding them from benefits such as health insurance and pension, and denying them union membership and contractual benefits.

- Requires that election hearings on ‘matters of dispute’ be held before a union recognition election, thus delaying the election; these delays enables management to ‘buy time,’ and has been shown to give management an advantage as over time workers feel coerced into avoiding organizing activities.

- Establishes the "right" of management to campaign against a union organizing drive, thereby eliminating the time-honored legal principle of employer neutrality.

- Prohibits secondary and sympathy boycotts—boycotts directed to encourage neutral employers to pressure a defiant employer with which the union has a dispute. Secondary boycotts had been one of organized labor's most potent tools for organizing, negotiating and dispute settlement prior to the passage of Taft-Hartley.

- Enables the federal government to move in and demand an 80-day cooling off period if it deems a strike to be detrimental to the national interest.

The Act sent a clear message to employers: It is OK to bust unions and deny workers their rights to collectively bargain. Today, union membership is at historic 60-year lows, employer violations of labor rights are routine, and illegal firings of union supporters in labor organizing drives are at epidemic levels.

The advent of unions created a balance in bargaining power between ‘producers’ of labor (workers) and purchasers of labor (employers), providing for fairer conditions overall. The attempted destruction of unions through Taft-Hartley and recent political moves against public employee unions represents a scary step backwards in American history.

It’s time for our Presidential candidates to be forced to take a position – and justify their position – on Taft-Hartley.


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Demand FDA Approve Rapid Over-the-Counter HIV Test

[Action Alert! We have ONE WEEK to submit comments to the FDA - instructions below]


According to the Center for Disease Control in Atlanta, (the "CDC"):

- 1.2 million people in the United States (U.S.) are living with HIV infection.

- One in five (20%) of those people – or about one-quarter million people are unaware of their infection. That’s the equivalent of the entire population of Jersey City, New Jersey; Orlando, Florida; or Buffalo New York living with an infectious disease and not knowing it.

- 50,000 new cases of HIV infection every year in the United States since the epidemic began.

- An estimated 17,774 people with AIDS died in 2009, and nearly 619,400 people with AIDS in the U.S. have died since the epidemic began.

The scientific and medical communities are united in their belief that one of the most effective ways to control the spread of HIV is through early detection (testing) and early treatment (Anti retroviral drugs that reduce the viral load to undetectable levels).
And so, the fact that a rapid-test to detect HIV has been available for over a decade, but is still illegal to sell over-the-counter in drug stores, is nothing short of criminal.

On November 3, 2005, (six and a half years ago) the Blood Products Advisory Committee of the FDA wrote:

Over the past four years, FDA has approved a number of rapid HIV tests of low complexity, which are simple to use, require no special storage conditions and provide a highly accurate test result within 20 minutes for the detection of antibodies to HIV. Two of these tests were found to be simple enough to perform that they received a CLIA waiver, expanding the availability of testing.

But here’s the kicker. The FDA continued:

Since 2002, all rapid HIV tests were approved as restricted devices, with sales and use restrictions in place. Sale is restricted to clinical laboratories …and [t]he test is approved for use only by an agent of a clinical laboratory...[The] FDA has discussed HIV home-use test kits and home-use collection kits over the past 10 years in various forums…In the course of these discussions, appropriate regulatory criteria were identified for home-use specimen collection kits for HIV testing, but not for home-use HIV test kits. With improved test kit technology (ease of use, freedom from biohazards, and excellent performance characteristics), we believe it may be feasible to identify regulatory criteria for home-use HIV test kit.


Yesterday, while walking through my local pharmacy, I saw at-home pregnancy tests; tests to detect cocaine, marijuana, and a list of other drugs in one’s system; and of course, the blood glucose tests that many diabetics use on a daily basis. But in spite of the available technology, no home tests for HIV…even though the FDA itself concluded in 2005:

“Benefits of HIV home-use test kits include anonymous testing potentially leading to more people knowing their HIV status, empowerment of consumers in healthcare decisions, earlier diagnosis of HIV infection and therefore earlier intervention.”

And yet, in the decade that has passed since the rapid tests were denied for private home use, 500,000 new HIV cases have occurred. Of those, 100,000 people do not even realize they are infected.

Why does this continue?

The FDA is concerned that “Risks of HIV home-use test kits include inappropriate use of the test or test result, including misinterpretation,” “obtaining a test result without live counseling,” and “and use by minors.”

Yeah? And so what? Aren’t those the possibilities with any of the above mentioned at-home tests sold in a drug store? Would we rather that minors who are uncomfortable in a clinic simply walk around with HIV and infect others as their own health deteriorates for unknown reasons? Are they suggesting that pregnancy is a condition that does not require a support system?

Thousands of individuals would use a test at home rather than go to a clinic. People in rural communities who are reluctant to show their faces in a clinic where everybody-knows-everybody; men or women who have cheated on a partner; young people still ill-at-ease with discussing their activities; those for whom English is not a first language and for whom clinical translations are not readily available; those who are high-profile members of their communities; and those who were raised with a fear or stigma of HIV and AIDs - would all be more likely to test at home than walk into a clinic.

The reasons for denying the public access to these tests are entirely unacceptable.

In a perverse reversal of roles, it is the HIV clinics themselves who have been partly responsible for the delay in releasing these tests to the public. The very clinics and “AIDS Service Organizations” or “ASOs” who exist to help HIV positive persons navigate complex legal and medical support systems have a vested interest in keeping these tests out of public hands. Annually these agencies report the number of people to whom they provided services to private donors, government agencies who fund them on a ‘per-person-served’ basis, and to United Way Charities, which requires a “Number Served” figure as part of their funding formula. Thus, some of those agencies that are most vocal about “supporting” the HIV community are actually the very agencies that have given life to the idea that the FDA should prohibit private, at-home testing because it wouldn't be accompanied by “live counseling.”

A recent survey of over 1,500 people by "Who's Positive" revealed the gap in support between persons living with HIV and those with a clinic-based livelihood or agency role. The survey found:

"The survey gathered responses from 1,569 participants, 74% of which said that they would support an OTC rapid, oral swab HIV test that could be purchased in a retail store, if approved by the FDA. Other key findings include:

66% of the respondents who identify as a HIV-positive consumer support an OTC HIV test
80% of those aged to 30 support an OTC HIV test"

But then went on to show lower support by those with a vested interest in maintaining clinic control"

"A majority or nearly 52% of those who identified as a paid member of an HIV/AIDS organization support an OTC HIV test
47% of those who identify as one who performs HIV testing support an HIV OTC test"

It is hypocritical, self-serving, and dangerous.

On the other hand, the public often views medical technology companies with a critical eye…but in this case, it has been just such a company – OraSure Technologies – which has been fighting for a decade to obtain FDA approval to market it’s 20-minute, at-home anonymous test kit.

And once again, the issue is scheduled to be discussed before the FDA Blood Products Advisory Committee. OraSure has applied – again - for the approval of its OraQuick(R) Rapid HIV-1/2 test for sale in the U.S. consumer or over-the-counter market at a meeting scheduled for May 15, 2012.

The Company will be presenting its findings from a study of 5,800 subjects who believed they were HIV negative. When enrolled in a test-phase using their at-home testing product across 20 sites nationwide, more than 100 of them tested HIV positive.

The FDA has issued the following public notice, permitting public comment in person or in writing. You know what to do:

On May 15, 2012, the FDA Blood Products Advisory Committee will meet from 8:30 a.m. to approximately 5:00 p.m. to discuss the evaluation of the safety and effectiveness of the OraQuick In-Home HIV Test.

The meeting will take place at the Hilton Washington DC/North, 620 Perry Pkwy., Gaithersburg, MD, Tel: 1-301-977-8900.
Interested persons may present data, information, or views, orally or in writing, on issues pending before the committee.

Written submissions may be made on or before May 8, 2012 by submitting them to:

Bryan Emery or Rosanna Harvey
1401 Rockville Pike, HFM-71, Rockville, MD 20852
301-827-1277
FAX: 301-827-0294
or via e-mail: Bryan.Emery@fda.hhs.gov or email: Rosanna.Harvey@fda.hhs.gov

Oral presentations at the meeting from the public will be scheduled between approximately 1:30 p.m. and 3:15 p.m. Those individuals interested in making formal oral presentations should notify Bryan Emery or Rosanna Harvey on or before April 30, 2012, and submit a brief statement of the general nature of the evidence or arguments they wish to present, the names and addresses of proposed participants, and an indication of the approximate time requested to make their presentation.
Time allotted for each presentation may be limited. If the number of registrants requesting to speak is greater than can be reasonably accommodated during the scheduled open public hearing session, FDA may conduct a lottery to determine the speakers for the scheduled open public hearing session. Those making a request to speak will be notified regarding their request by May 1, 2012.
The notice and complete description of the May 15 and May 16 meetings (as well as the link to the webcast for the hearings) is available on the FDA Website

[pictures: thanks to Tom Donohue of "Who's Positive"]

Democrats Lynch & Obama Betray Progressives on Medical Marijuana

In 1969, the vaunted Gallup Polling organization asked Americans about their attitudes towards legalizing marijuana. At that time, a mere 12% of Americans favored it, while 84% were opposed.

Today, support for legalizing marijuana has surpassed the 50% mark, with more Americans in favor than opposed. When asked about marijuana for medical use, support jumps to over 70%.

The advocacy group National Organization for the Reform of Marijuana Laws claims that marijuana is the third-most-popular recreational drug in America, behind only alcohol and tobacco. Some states have decriminalized marijuana's use, and some have made it legal for medicinal use. A growing crowd of Law Enforcement officials, as well as former U.S. Surgeon General Jocelyn Elders, have called for legalization.

So why are Democrats like Governor John Lynch (NH) and President Barack Obama digging their heels in on an issue that has become a no-brainer for most Americans?

Yesterday, the Republican-dominated legislature of New Hampshire passed a sweeping measure legalizing medical marijuana. . It would allow patients with debilitating medical conditions or the patient's designated caretaker to cultivate and possess up to six ounces of marijuana, four mature plants and 12 seedlings at a registered location.

But as he did in 2009, Gov. John Lynch declared he will veto the bill once again.

The NH House clearly has the votes to override his veto: the measure passed by a lopsided 236-96. However, the margin in the Senate was only 13-11 last month, short of the 15 votes needed for override in that chamber. The prime Senate sponsor, Sen. Jim Forsythe, (R-Strafford), said he was not giving up.

“We’ve gone from having one Senate Republican in support of this issue a few years ago to now having at least eight Senate Republicans ... I believe three additional Senate votes are very possible, and it’s a goal we’ll be working very hard to achieve in the coming weeks,” Forsythe said in a statement.

If Lynch’s position is frustrating, President Obama’s can only be described as an infuriating betrayal.
When he was running in 2008, Obama said he supported the “basic concept of using medical marijuana for the same purposes and with the same controls as other drugs” and that he was “not going to be using Justice Department resources to try to circumvent state laws.” In fact, a Justice Department memo in March 2009 from Attorney General Eric Holder announced that federal government raids on medical marijuana distributors who were in compliance with state and local law would end.

And yet, precisely the opposite has occurred.

During 2011, federal forces from several agencies raided 26 dispensaries across 13 Montana cities where medical marijuana is legal under state law. Other dispensaries were raided in California, Washington, Michigan, and Colorado. All told, the federal government has raided more than 100 dispensaries. All of the old Bush administration anti-medical marijuana appointees in key administration positions have been retained.

“I’m very disappointed,” Rep. Barney Frank (D-Mass.), recently said. “They look more like the Bush administration than the Clinton administration...Obama now lags Pat Robertson in a sensible approach to marijuana.”
President Obama attempted to clarify his position on medical marijuana in an interview with Rolling Stone, telling publisher Jann Wenner that he can't "nullify congressional law."

"What I specifically said was that we were not going to prioritize prosecutions of persons who are using medical marijuana. I never made a commitment that somehow we were going to give carte blanche to large-scale producers and operators of marijuana – and the reason is, because it's against federal law. I can't nullify congressional law," Obama said. "I can't ask the Justice Department to say, 'Ignore completely a federal law that's on the books.'

Of course, he can, and he has, quite recently:

The Executive Branch of government is a co-equal branch of government; in order to maintain the checks and balances that our system envisions, the Executive must exercise its own judgment. When Obama declared that the Executive branch would not defend legal actions against DOMA, (the Defense of Marriage Act passed by Congress) that is precisely what he did. He chose not to permit the Attorney General to act. When Harry Truman ordered the integration of the military in defiance of Congressional policy, that is exactly what he did as well.

His actions are in direct contradiction to his original campaign promises, and make no sense in the larger legal, moral or political environment.

If Obama loses progressive support on his left flank in his re-election bid, it is his own fault.

Blogger's Note: Before my father died of esophagal cancer, he expressed to me how he thought that Marijuana ought to be legalized - a strong turn of events for a man who was otherwise viewed as a conservative Republican. In his last days, medical cannabis was not available to him, so his pain was relieved by morphine, which put him into a state of near-sleep and confusion almost 24 hours a day. It was that experience that made Medical Marijuana an important issue for me.]

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Obama Accelerates War on Family Farms; Bank Accounts Seized

The US Food and Drug Administration can’t close down small farms fast enough, bursting on the scene with guns drawn as if selling the natural foods we’ve consumed for millennia deserves SWAT attention. The raids on organic farms selling raw milk have exploded under President Obama; In August, Rawesome foods of Venice California, was raided (for a a second time) by federal agents, and its owner, James Stewart, was arrested and held on $123,000 bail for the crime of selling milk to customers outside of the normal corporate factory-food chain. He was booked for conspiracy to commit a crime, and was not allowed to post a bond to bail himself out of jail.

Sharon Ann Palmer and Eugenie Victoria Bloch of Healthy Family Farms, LCC, were also arrested along with Stewart. Palmer was charged with producing milk without a license or permit since 2007 and selling as a vendor at community farmers markets.
Now, Obama has the Dept. of Justice going after small farmers under the guise of the post-911 “Bank Secrecy Act” which makes it a crime to deposit less than $10,000 if someone earns more than that.

“The level we deposited was what it was and it was about the same every week,” Randy Sowers told Frederick News. The Sowers own and run South Mountain Creamery in Middletown, Maryland.

Admittedly, when the Sowers earned over $10,000 in February, and learned they’d have to fill out paperwork at the bank to justify such large deposits, they simply rolled the deposits over to the next day to keep them below the none-of-your-fucking-business amount, rather than waste time on bureaucratic red tape aimed at flagging terrorism or other illegal activities.

Unfortunately, the Feds call this “Structuring,” which is the federal criminal offense of splitting up bank deposits so as to keep them under a threshold such as $10,000 above which banks have to report transactions to the government.

While being questioned, the Sowers were presented with a seizure order. In fact, the feds had already emptied their bank account of $70,000. The Dept. of Justice has since sued to keep $63,000 of the Sowers’ money, though they have been convicted of no crime.
Without funds, they will be unable to make purchases for the spring planting.
When a similar action was taken against Taylor’s Produce Stand last year, the feds seized $90,000, dropped the charges, and kept $45,000 of Taylor’s money.

Knowing that most farms operate on a razor-thin thin margin, such abuse of power wipes out a family’s income, and for a bonus, the feds enhance the monopoly power of Monsanto and corporate agribusiness. Nationally, the numbers of federal bank seizures and prosecutions are up 8.8 percent from last year, and up 57.1 percent from five years ago.

Of course, Bank of America, Goldman Sachs, and other criminal banksters are still in operation, despite committing millions of acts of fraud during mortgage games. But the DOJ prioritizes squashing family farmers since it’s easier to pick the low-hanging fruit than do battle with well-financed criminals who’ve illegally seized the homes of millions of US citizens.
Former Maryland assistant U.S. attorney Steven Levin told the Frederick News, “The emphasis is on basically seizing money, whether it is legally or illegally earned. It can lead to financial ruin for business owners, and there’s a potential for abuse here by the government.”