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January 26, 2013



So, Gus, clear up something, you said you were roomates with Bronson Pinchot, but he went to Yale,
was it in California,

Captain Hate

OK, porch and CH and all you other music experts, how about some whittlin' talk.

I just got in from a listening session with my music buds. Eff those commies; Bob Wills and the Texas Playboys rule.


--Thanks, Jane and MT. Iggy had a link from 2005 suggesting that Bush had violated this, but I think that writer was distinguishing between recess and adjournment.--

I don't believe that is correct. My understanding is Bolton and Pryor were appointed by Bush in intra-session recesses.
The 2004 11th circuit decision which differs from the DC one of a couple of days ago was regarding the intra session recess appointment of Pryor.

I would also note the the guy clarice linked at Volokh was the Bushie who wrote the briefs in support of Bush's intra session recess appointments for the Pryor case, so he kinda had a dog in the fight, which he did freely disclose.


--Bob Wills and the Texas Playboys rule.--

Red Steagall agrees;
Lone Star Beer and Bob Wills Music.

Captain Hate

Btw, I listened to some Flamin' Groovies tonight by my request; "Shake Some Action" and "Teenage Head" among others. The eyes lit up immediately in recognition.

In concert with DoT's evoking the post WW2 Brit kids soaking up the delta blooze; after Levon Helm died I immersed myself in everything I could find related to The Band. Part of their formative time between when they played as Ronnie Hawkins' backup band and setting off with Dylan involved the impressionable Canucks going to Levon's Arkansas stomping grounds where they spent time learning from the original Sonny Boy Williamson. While watching him play at great length they noticed him occasionally spitting in a can. They initially thought it was from chewing tobacco until they ultimately realized it was blood.


Iggy, Bolton was appointed in August 2005, so I'm not sure how that could be intersession.

Just saw competitive shooter Jessie Duff on Justice with Jeanine, and she deserves a late night JOM shoutout:

Ralph L

then the agent faxes the forms to the driver and they are required to carry the papers with them
That's describing a trip permit which the truck owner must buy to legally enter a state that he wasn't signed up for in his annual registration. It isn't reguired for fuel tax--every truck here gets a FREE annual 3x3 sticker on the cab from NC Dept of Revenue indicating intrastate or IFTA (International Fuel Tax Agreement, includes Canada and Mexico). I file our quarterly fuel tax report online (now required, but they still mail us the forms). We get a $100-200 refund because NC fuel tax is ~$.17 higher than VA, where we drive but don't buy fuel.

The annual registration process also allocates registration fees proportionally by the number of miles the company drove in each state or province the previous year. For our two 80,000 lb semis, it was about $2700 this year, plus $1100 to the Feds. Lighter trucks pay less.

The drivers have to fill out and carry weekly trip reports (how we keep track of mileage and loads hauled), daily log sheets for their on/off-duty & driving hours, and post-trip inspection forms. The HP can pull them over at any time and check their records, the condition of the truck, and if it's overweight on any axle.

Now you're ready to start your own trucking company. We went from 6 big trucks to 2 in 10 years mostly because of the hassle of keeping them on the road. It also saves us several $1000s in insurance premiums to be a private carrier instead of "for hire".


Ok, since no one reacted to the Snigir link, I guess I'll try this, in the LUN

Mark Folkestad

Ralph, one of my cousins mortgaged the small Iowa farm he inherited to fund a small trucking company specializing in belly dump earthmoving rigs. He wound up losing everything. Of course the leaving his family behind while taking hookers to Acapulco might have contributed to his failure, but I get your drift on the difficulties.



New York Gun Owners Flip the Bird to "Assault Weapons" Registration Law

Assault-rifle owners statewide are organizing a mass boycott of Gov. Cuomo’s new law mandating they register their weapons, daring officials to “come and take it away,” The Post has learned.
Civil disobedience for the Constitutional side.

Great piece, Clarice. If you could get a correction made, it's Sharyl, with an "a".


Bravo,Clarice! Well Said as always.



That Long Island paper that published the list of addresses of gun owners can take personal credit for the refusal of New Yorkers to register assault weapons.

Q: Do any of the lawyers here have federal civil rights expertise? I am still looking at what Arne put out on Friday and it is not about sports. Sports was just the illustrative example of a much more troubling and unprecedented assertion.

Amiable Arne is apparently the new face to go on offense to get to that Fair Shares society. Plus it sounds nicer that arguing disparate impact. Which did not fit either.

But it's the first week of the 2nd Term and there's a fundamental Transformation to get in place. Whatever the actual statutes or Constitution say.


Thanks, Ext.


IMO, every thing the Obama regime has done and is doing is designed to down grade the American


Wonderful Pieces, Clarice.

The entire phony 'blame the video' show was really a disgrace....more evil than most people know. Just like attacking Joe the Plumber made people afraid to speak up. Who will make videos critical of Islam now?..or tell the truth about Mohammed?...who dares to speak out? Will the POTUS, the SoS, the MFM come after you? I know the Joe the Plumber episode made me not want to speak to any interviewers at Tea Party rallies.

“What Difference At This Point Does It Make?” It Makes A Difference To A Jailed Filmmaker


Clarice-what I am working on is the OCR taking to position that education has to be changed to create Equity in Credentials for various groups.

Intellectual disabilities, gender, race, speaker of other languages since birth. Individual differences that impact the ability to know can no longer impact gaining ed credentials because ed credentials are viewed as the key to higher earning.

Which by default means school, K-12 and college, will have to become more about participation than knowledge. Which was already where this was all going stealthily but Friday is about trying to wrap it all up as a matter of civil rights obligation.


pagar - I fear that you have their intentions nailed down to a "T".

Gen. Dempsey, Chairman of the JCS, reminds me of nothing so much as a senior-level bureaucrat concerned with implementing new social service programs in some obscure federal department. Hardly what one expects from a war-fighting Army Chief of Staff.

To speak nothing of the massive cuts in the DOD budget the progs finagled through their "budget compromise" that eviscerates much of the DOD budget.


ABC News was all over the "anti-Muslim" film maker...but they didn't publish anything on Sen. Bob Menendez & his underage girls orgy parties in the DR.

Interesting that the Nov. 8th ABC article says - ""Innocence of Muslims" has been blamed for violent protests across the Middle East, including in Benghazi, Libya, where four Americans died, including U.S. Ambassador Chris Stevens, when militants attacked U.S. diplomatic facilities there on Sept. 11. ..."

All the old articles blamed the video for Benghazi. Where'd they get THAT idea, if not from the POTUS & the SoS.
You'd think even the MFM would have some standards about being lied to.


Sorry, here's that old Nov. ABC News article.


Thanks, Janet.Pagar, the Administration is now making military members pay more for Tricare while shoving more free medical care toward the blue hell layabouts and illegal immigants.

rse, you might want to submit that to AT's editors..


narciso @12:34, that was me, not Gus. BP lived across the hall one year, same dorm 4 years.


Great Pieces, Clarice, it's got my blood pressure up even at this hour. It seems that Hillary is getting the Barry treatment by the media--hands off, already anointed as the next President.


Agree with JimmyK on the Pieces this morning, with one small (?) exception. I think Hillary has always gotten the media "hands off" treatment - it is not new or recent.


For twenty years now, that has been true, I was watching one of those PBS segments on Shakespeare, on 'the Scottish play' and it occurs to me who Hillary reminds me of, sort of a reversal of roles,
but what she allowed to happen with the SSG, is very much what happened to Banquo, to cite on example, does she show any remorse for what happened, no because she is sociopathic.

Jane - Mock the Media!


I loved it. Truly a great one!

Jack is Back!


Did you mean Westchester County newspaper. I don't know of a Long Island paper that published registered gun owners names.

My next door neighbor is pretty well known in Chicago eduction circles. She is big time Obama supporter (knows him and MIchelle quite well, as well as Arne and Ayers). But she also thinks Common Core will have start-up problems and that will mean fixes that make it even more dumbing down as if this is the goal all along. The whole idea seems to make the inner city education harmonized to the white suburban one. In actuality, its to get the suburban values and scores down to the inner city level.

Rick Ballard

Careful, c-c. Valerie Jarret classifies telling the truth about the lying, petulant bitch as "violence against women". You're going to be in hot water, although not as hot as the bubbling cauldron reserved for Clarice for daring to point out the warts all over the rapist enabler's public face.

Jack is Back!

Where are my manners?

Of course, numero uno every Sunday morning is to read Clarice's Pieces and this one was a triple tap to the middle of the cerebellum. How that woman gets away with her incompetence and uppity behavior is a mystery to me. We were lucky we only lost those 4 great Americans and not more on her watch.

Thanks Clarice!



will let you know. I went off on a tangent that is important to overall story but I can break this element apart. So far it's clear they are going after something much broader than what is being portrayed.

Thanks for taking on Hillary's duplicity. I saw where Jt Chiefs chairman has already said physical criteria that have a disparate impact may need to be reevaluated as to whether it is really necessary.

This 2nd Term may best be described as the Age of Ideology. I think that is why there is such an attempt now to portray a reverence for the results of free markets and the primacy of the Individual as merely ideology. As if there were no facts to back it up.


Yes, Great pieces, I was inured to the whole 'great woman' coverage of Hillary, mostly because I read
the Spectator, back in the day. VAWA was the great legislative achievement of the Solon of Scranton, along with FISA, and the Court slapped him down back in the OOs, as I recall.



that's exactly the goal and it plays into the Regional Equity Movement and that 2011 Building One America conference. I wrote this post back in August explaining it is the suburbs that must become dysfunctional while the inner-city retains the sociocultural focus that began in Chicago as those Standards for Teaching and Learning that Joyce financed.

Remember Alinsky's Industrial Areas Foundation has gone into community organizing through the churches and schools in the Alliance Schools Network. It's all over Texas and some other states.

Your neighbor reminds me of a man I met at a breakfast who asked why I was there. I explained and he laughed. He said I was right and good at figuring things out. But that it was too late for anyone to stop it.


Good Sunday morning, everyone. Today is January 27, birth anniversary of the great Jerome Kern. LUN


Thank you for putting the case so well, clarice. It really is unbelievable.

Last night, my wife mentioned that her friend is organizing a fundraiser for a local kid who has a very rare, almost certainly fatal disease. There is an experimental treatment that costs $1.2 million that may work. So a bunch of people got together and decided to chip in.

De Toqueville described this as one of our most unique characteristics as Americans. And this, my friends, is what Obama wants to abolish.

It's Obama's Way vs. The American Way.



Well rse, as an amateur historian, we now that freedom has not been the natural state of man,
oppression by 'princes and principalities of one sort or another, where Greece, Rome, and other regimes, came from, and devolved. Pericles defaulted to the Council of 300, Rome to the Empire,
and so on,


Re Fox Special Report's panel discussion Friday on intercession appointments, it was AB Stoddard of The Hill that had to be smacked upside the head, not Kirsten Powers. She looked really pissed off at having her dem talking points (Bush did too) thoroughly dismantled.


Tou know I should have realized that. NJan, Kirsten was been on point of late, then again I haven't watcbed Special Report in a long while, they don't
have any particularly new insight, of late.

Old Lurker

Clarice, you really are a treasure.

Mind if I take you for granted???



Remember that a ranking military leader said:
"The most stunning example was the statement of General George Casey after the 2009 Fort Hood mass murders by a Muslim: “And as horrific as this tragedy was, if our diversity becomes a casualty, I think that’s worse,”

More than a dozen troops (shown below) were killed by a jihadist Army psychiatrist who openly called himself a “Soldier of Allah” yet a top Pentagon official is worried about the effect upon diversity. That says it all."

We have several American military members in jail now for supposedly not being PC enough with those we are fighting against, yet we can't even seem to begin to take action against a person that shot down members of our military on a base in the US in front of witnesses.

Now we have:

This is insane!


Video Update: Sheriff Joe Arpaio's Lead Investigator Mike Zullo; Newly Found Evidence Will Convince Greatest Skeptic Document Is 100% Forgery; The Evidence Is Beyond A Reasonable Doubt


Zullo says; "We are so convinced... let me go out on limb... I am going to put my reputation out there that we have evidence beyond a reasonable doubt--the higher standard--beyond a reasonable doubt that this document is an utter forgery."

Zullo also says; "the evidence we have acquired, new found evidence that we have never made public at any point in time, and we are not going to make public until we have the right opportunity, will convince even the greatest skeptic that this document is 100% a forgery."

Full interview:


Milwaukee County Sheriff David Clarke; 911 No Longer Best Option: Arm Yourselves


Yeah, I watched that too, NJJan. AB pursed and puckered her lips in her most sour manner! Loved it.


The difference is Obama, like Bill and Hill before them, have an army of courtier, true truth tellers in public life, they gather around and stick shivs in;


Take me for granted if you will, OL..HEH]]

Iggy, I think the system for keeping the Cong in session during breaks was devised by Reid AFTER the Pryor and Bolton appointments, and what was so shocking about the NLRB an Cordray appointments was that Obama ignored that procedure--in order words, denying to the Senate the right to set its own rules.


Narciso: Stephen Bannon has a brief interview of Palin over at Breitbart - have you seen it yet?

Rick Ballard


That's just another plea for more money for union thugs with badges - the same as the subject of this post. Clarke needs to agitate for Hollywood to produce a CSI Milwaukee in order to "educate" his lead heads the way Tyburn Hill educated the London lead heads of its time.

There's a stronger correlation between the removal of Dinkins and election of Giuliani (along with the popularity of Law and Order) with declining murder rates than there is with bloating union employment in city security forces.


CC- I enjoyed seeing AB knocked off her perch, too. She has such a condescending voice and demeanor. Narciso, Special Report is pretty much the only show left that I watch on Fox.

Captain Hate

Terminal idiot Durbin making more of an ass of himself than usual on recess appointments on FNS.


Yes I did Central, I posted the piece, yesterday,
Tyburn Hill I wasn't familiar with that, I was with Old Bailey, Under this cutrate Medici, the NYPD has lost some of the cache it had under Giuliani, just
as L&O, has lost it's raison d'tre.


I thought that Unpossible, Captain, I think his nadir was advocating for the man who would have turned Capitol Hill, into a charnel house, Mohammed Quahtani,

Jane - Mock the Media!

Fox News Sunday had a segment on the subject of changing the rules in the military which dovetails nicely with today's Pieces. I'm sure Capt Hate will provide a full review. I thought it was very good.


Rick, add the local press pushing the "police brutality" meme. Some City police decided road-side cavity searches were the way to go, plus any thug that gets himself shot receives full Grillnatz level sainthood. Barrett and the usual suspects want to blame inanimate objects instead of the poor behavior of Milwaukee's residents, then fund ego fulfilling trolleys instead at the expense of officers on the street. Clearly some of the police are thugs, and the union protects them from any accountability. Sheriff Clarke is a rare conservative in an urban environment and has his own issues with the unions.


Excellent Pieces Clarice.

On the "I did not read the cables from Benghazi" part, it is the hallmark of this Administration.

Nobody read the Health Care Bill: ("Have to pass it to see what's in it.")

Nobody read the 10 page Arizona Immigration Law: (Not Obama, not Holder, not Napolitano, and they all seemed proud of the fact that they hadn't read it.")

Nobody read the Cambridge Police Report: (But Obama automatically knew without reading a word about it that the cops acted stupidly.")

And now Hillary proudly testifies that she never read the Benghazi cables asking for Security, or reinforcements, or anything else.

Nobody in this Administration reads anything, most of the time intentionally, and for some reason they believe that inoculates them from criticism. Then the Press goes right along with that excuse, and only ever demands that the Sarah Palin E-mails be read.

Captain Hate

I'm sure Capt Hate will provide a full review. I thought it was very good.

Sorry but I only caught the tail end of that because I ws watching a Breaking Bad episode from season 4 and didn't plan well. Kimberly Strassel just slattered the JEF's use of executive orders when he can't pass something legislatively and Juan Williams has just invented an alternative universe where the Indonesian's recess appointments were legit.

Captain Hate

I thought that Unpossible, Captain, I think his nadir was advocating for the man who would have turned Capitol Hill, into a charnel house, Mohammed Quahtani,

He always looks like such a blithering nincompoop every time I see him that it scrambles the perception of any hierarchy within his entire body of lunacy.


Where in Seasnon 4, did you leave off, there is a certain honesty to Walt as he descends into the Abyss, they don't try to rationalize it. although Skyler has been drawn into the vortez, over time.

Melinda Romanoff on Kindle


When referring to Durbin's nadir, it's the stuff from which unicorns are made.

Danube of Thought iPad

Correct me if I'm wrong: Clinton and Bush made intrasession recess appointments of a kind that would now be invalid under the D.C. Circuit decision. Bush ceased doing so when the gavel-banging pro forma "sessions" began, deferring to the Senate's own determination of when it is in session. The D.C. Circuit has now said that under the constitution recess appointments can only be made between sessions, of which there are two or three per congress--days off, vacations and the like do not count.

If all that is correct: where is the bright line that tells us when a session has ended for constitutional purposes?


daddy, excellent point.

Captain Hate

It was the episode where Jesse went out with Mike and actually did well on passing a test and Walt, like an idiot, let fly that the notebook that his bro-in-law was ready to just forget about, was the copying of somebody really really smart and sparked renewed interest; as Skyler looked on in horror.

I'm hooked on Burn Notice after season 2, to the point where I was a bit annoyed at Breaking Bad until this last episode kicked in.

Manuel Transmission

NJJ, mea culpa, that was me mis-identifying AB. I was recollecting from the night before and all my brain could do was remember semi-clueless brassy blonde. Even at that, it took a couple of minutes for Kirsten's name to surface. Shoulda waited for the second cup to kick in.

Great Pieces, as usual, Clarice. BTW, some doofus at the bottom of the comments thinks you are a guy he knows.


After Season 2, so has the whole Carla matter been resolved, or has Victor and company, still holding Michael hostage,

Captain Hate

Carla has been dealt with.

Old Lurker

You da lawyer, DoT. Let us know when you can tell us the answer!

There really are two good questions which deserve answers.

The main point of this part of the Constitution is that the Senate was to have a say (rising to consent) in certain top level appointments. Obviously a president gaming the system to avoid that was not supposed to happen.

They did recognize that sudden vacancies of high level appointments might really need to be filled at times the senate is unable to advise and consent.

That brings to life the importance of when the vacancy happens. To us non lawyers the plain words seems to cover a vacancy that happens when the senate is not available. I gather for many years that has been changed to vacancies that have yet to be filled when the senate decides to be unavailable.

Seems to me the fudging of that (the timing of the vacancy) is what led to the "turn the lights on and pretend to be in session" since Reid came up with that because he knew there were appointments in the chute that he did not like but not enough to skip a vacation or three.

So I agree with you that clarity is long overdue.


daddy, excellent point.


Should all the newspapers & TV news shows have to print/read corrections for blaming Benghazi on the YouTube video? They are now acting like they agree with the POTUS & SoS that everyone KNEW it was a planned terrorist attack. Where in the world did ABC News even GET the idea it was caused by an obscure video?
""Innocence of Muslims" has been blamed for violent protests across the Middle East, including in Benghazi, Libya, where four Americans died,..."
Has been blamed by WHO?


'passive voice' is the enemy of real thought, Janet.

Ignatz Ratzkywatzky

--If all that is correct: where is the bright line that tells us when a session has ended for constitutional purposes?--

I believe all that is correct and it is my understanding the Senate makes an official announcement pursuant to a vote or unanimous consent of when a session begins and ends.
For example two of Barry's NLRB appointments were made on January 4 2011, precisely one day after the Senate had officially come back from an intercessional recess and begun a new session on January 3rd.
Why that was done is hard to fathom unless they were looking to provoke this very fight. Of course incompetence can never be ruled out.

--Iggy, I think the system for keeping the Cong in session during breaks was devised by Reid AFTER the Pryor and Bolton appointments, and what was so shocking about the NLRB an Cordray appointments was that Obama ignored that procedure--in order words, denying to the Senate the right to set its own rules.--

The court rightly called out Barry's absurd claim that the President has the right to determine when the Senate is in recess but I don't think that tomfoolery had much to do with the larger Constitutional questions involved which is why absent that tomfoolery Bush's intra session recess appointments would also have been constitutionaly invalid according to the DC ruling.

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