Image Copyright 2006- Sons of Liberty Riders
December 18, 2006
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SONS OF LIBERTY RIDERS E-NEWS
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Contents:
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1. MOTORCYCLE SAFETY FOUNDATION FILES LAWSUIT
2. Oregon responds to MSF lawsuit
3. Pelosi Targets Grassroots Freedom of Speech
4. Official Launch of the Tennessee Freedom Riders
5. People-chipping tech cloned by hackers
6. Underneath the Engine's Roar, The Beating of a Gentle Heart
7. U.S. SUBPOENAS ACLU, ACLU FIGHTS BACK
8. All State 2007 Highway Safety Plans
9. Showdown Looms Over Domestic Spying
10. Highway Safety Improvement Program „5 Percent Report‰ Requirement
11. Widow asks judge not to send driver in fatal wreck to jail
12. Freedom Riders defending middle class
13. From the Lighter Side of the Saddle Bag
14. Show your support for the fight.
http://www.solriders.com/products/
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1. MOTORCYCLE SAFETY FOUNDATION FILES LAWSUIT
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http://online.msf-usa.org/Perspectives/Article.aspx?aid=JK4mYk%2bGVlLDtbE8TkTRGA%3d%3d
12/15/2006
MOTORCYCLE SAFETY FOUNDATION FILES LAWSUIT AGAINST OREGON STATE
UNIVERSITY AND DIRECTOR OF TEAM OREGON MOTORCYCLE SAFETY PROGRAM TO
PROTECT INTELLECTUAL PROPERTY RIGHTS
IRVINE, Calif., Dec. 15, 2006 - The Motorcycle Safety Foundation filed
a lawsuit against Oregon State University, its president, and also
against Stephen Garets, both individually and in his official capacity
as director of the Team Oregon Motorcycle Safety Program of OSU,
charging the parties with copyright infringement and violation of the
MSF's rights under the Lanham Act.
The suit, filed in United States District Court for the Central
District of California, alleges that the defendants willfully
misappropriated the MSF's motorcycle safety and training curriculum
materials in connection with the development and publication of Team
Oregon's Basic Rider Training (BRT) curriculum materials, and prepared
derivative works based on the MSF's copyrighted curricula. It also
alleges that the defendants have sought to distribute the
misappropriated curriculum outside the state of Oregon.
The suit further alleges that the defendants falsely associated the
MSF with, and identified the MSF as an endorser of, the Team Oregon
BRT, and that, in naming the BRT, they infringed on MSF's service
marks in its current curriculum, the RiderCourseSM(BRC).
The suit seeks to permanently enjoin the defendants from using the
Team Oregon BRT, or any other product that infringes upon the MSF's
copyrights, as well as from marketing or offering the Team Oregon BRT
to other states or entities, and from making false endorsements.
"The MSF attempted on multiple occasions to resolve these issues
without a lawsuit, but Oregon State University and Mr. Garets were
unwilling to stop their unlawful conduct," said Stuart Philip Ross, an
attorney with the law firm of Ross, Dixon & Bell, LLP. "After Team
Oregon began attempting to market, distribute and offer the BRT
curriculum materials to motorcycle safety programs in other states,
and it became clear OSU would not prohibit this activity, the MSF had
no choice but to take legal action to protect its intellectual
property rights."
"The MSF has worked with the state of Oregon in connection with
motorcycle safety training and policy for more than 20 years, and
continues to support Oregon motorcyclists," said Dean Thompson,
director, communications of the Motorcycle Safety Foundation. "The MSF
currently works with the Oregon Division of Driver and Motor Vehicle
Services on licensing issues. In fact, the MSF granted permission to
Oregon, as it has to other states, to use content from MSF's
Motorcycle Operator Manual in the 2005-2006 Oregon Motorcycle & Moped
Manual."
"This is the first time in its history that the MSF has initiated
legal action," Thompson said. "We would prefer to focus on our mission
of making motorcycling safer and more enjoyable. But if an
organization does not protect its intellectual property rights, it can
lose them. The MSF does not object to another entity developing a
different basic riding curriculum. However, the MSF does take issue
with any entity that takes a shortcut by misappropriating the MSF's
curriculum and misrepresenting it as its own."
The MSF has been developing and maintaining high quality,
research-based rider education and training curricula to best meet the
safety-related needs and interests of the motorcycling community for
more than 33 years. The MSF invests significantly in the scope,
quality and continuous improvement of its rider education and training
system curricula, applying decades of experience and the intellectual
rigor of experts immersed in motorcycle training and educational best
practices. MSF RiderCourses are currently being used to train
motorcyclists in all 50 states by a variety of entities such as state
programs, the U.S. Military, the Department of Homeland Security and
private organizations.
About the Motorcycle Safety Foundation
Since 1973, the MSF has set internationally recognized standards that
promote the safety of motorcyclists with rider education courses,
operator licensing tests, and public information programs. A
not-for-profit organization sponsored by BMW, Ducati, Harley-Davidson,
Honda, Kawasaki, KTM, Piaggio, Suzuki, Triumph, Victory and Yamaha,
the MSF's mission is to make motorcycling safer and more enjoyable by
ensuring access to lifelong quality education and training for current
and prospective riders, and by advocating a safer riding environment.
The MSF works with the federal government, state agencies, the U.S.
military, and others to offer training for all skill levels so riders
can enjoy a lifetime of safe, responsible motorcycling. More than 3.5
million motorcyclists have taken MSF RiderCourses.
Annually, some 350,000 students are enrolled in training with
MSF-developed curricula at nearly 1,500 MSF-recognized sites.
Currently, about 7,800 MSF-certified RiderCoaches provide instruction,
all of whom receive specialized training from more than 200
MSF-certified RiderCoach Trainers.
v
More information about the MSF can be found on its website at
www.msf-usa.org.
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2. Oregon responds to MSF lawsuit
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Motorcycle Safety Foundation files lawsuit in Oregon.
Today, December 15th, the Motorcycle Safety
Foundation (MSF) filed a lawsuit against Team
Oregon and Oregon State University. The lawsuit
claims copyright infringement and theft of
intellectual property. MSF president Tim Buche
called Ken Ray this afternoon to notify BikePAC
that a lawsuit had been filed and served. The
MSF website has a press release that also confirms this information.
http://www.msf-usa.org/index_new.cfm?pagename=News&action=display&content=8795C031-9850-6162-A5A4EB0C2A502548
MSF has implied or threatened legal action for
several years ever since Team Oregon began
phasing out the MSF curriculum and began using
one developed by Steve Garets and other Team
Oregon instructors. MSF has maintained that
printed material dealing with motorcycle
training is their intellectual property. Most
recently the Motorcycle Safety Foundation
attempted to have their motorcycle-training
curriculum be certified to meet Oregon standards
to replace a DMV skills test for motorcycle
endorsements. Although a final decision has not
been reached by the Oregon Traffic Safety
Commission on the MSF proposal, the Governor‚s
Advisory Board on Motorcycle Safety after a year
of analysis and testimony unanimously voted to
recommend disapproval by OTSC.
BikePAC of Oregon Executive Director Ken Ray
stated „We are disappointed that MSF has chosen
to file a lawsuit after their curriculum was
deemed inadequate for Oregon. Although BikePAC
is not involved in this legally, all
motorcyclists in Oregon will suffer when money
and energy that should go to rider training is
having to be used to defend Team Oregon against
MSF attorneys.‰
For more information, contact:
Ken Ray
Executive Director, BikePAC of Oregon
503 351 8193
ken@consultken.com
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3. Pelosi Targets Grassroots Freedom of Speech
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http://www.freerepublic.com/focus/f-news/1754249/posts
Pelosi Targets Grassroots Freedom of Speech
Dec 18, 2006 | Amanda B. Carpenter
Posted on 12/15/2006 6:03:14 PM PST by Jim Robinson
House Speaker-to-be Nancy Pelosi (D.-Calif.) has pledged to take up a
lobbying reform proposal that would impose new regulations on speech
by grassroots organizations, while providing a loophole in the rules
for large corporations and labor unions.
The legislation would make changes to the legal definition of
„grassroots lobbying‰ and require any organization that encourages 500
or more members of the general public to contact their elected
representatives to file a report with detailed information about their
organization to the government on a quarterly basis.
The report would include identifying the organization‚s expenditures,
the issues focused on and the members of Congress and other federal
officials who are the subject of the advocacy efforts. A separate
report would be required for each policy issue the group is active on.
„Right now, grassroots groups don‚t have to report at all if they are
communicating with the public,‰ said Dick Dingman of the Free Speech
Coalition, Inc. „This is an effort that would become a major attack on
the 1st Amendment.‰
Under the bill, communications aimed at an organization‚s members,
employees, officers or shareholders would be exempt from the reporting
requirement. That would effectively exempt most corporations, trade
associations and unions from the reporting requirements˜but not most
conservative grassroots groups, which frequently are less formally
organized.
Larger, well-funded organizations are also currently eligible for a
„low-dollar lobbyist exemption‰ that Pelosi‚s bill does not give to
grassroots organizations. If an organization retains a lobbyist to
contact lawmakers directly at a cost of $2,500 per quarter or less, or
employs a full-time lobbyist at a cost of $10,000 per quarter or less,
the organization does not have to report to the government.
Public Citizen, a liberal „government watchdog,‰ is taking credit for
helping Pelosi craft the legislation and expects the final draft of
the bill to closely resemble Pelosi‚s Honest Leadership and Open
Government Act of 2006, which contains these provisions.
Craig Holman, a lobbyist for Public Citizen, said the changes would
help „streamline‰ how grassroots organizations are regulated by the
IRS and other laws. Public Citizen would like Congress to adopt the
IRS‚s definition of „lobbying,‰ which includes communication that
encourages the general public to contact a member of Congress on
pending legislation or public policy.
„The IRS has a definition that requires all organizations, including
non-profits, to file as a part of our tax returns,‰ Holman said. „When
it comes to the election code and the lobbying disclosure act, they
have no definition of grassroots lobbying. It‚s excluded from
everything. The IRS has a definition of grassroots lobbying, but their
information is not publicly reported. It‚s just our tax returns to the
IRS.‰
Suzanne Coffman, director of communication for Guidestar.org, which
makes IRS 990 forms available on the Internet, said any secular,
non-profit organization that has more than $25,000 in income per year
is required by law to make the last three years worth of tax forms
available upon request. „We get them directly from the IRS, and we
have more than two million 990s online‰ said Coffman. „For
non-charitable organizations, like private charities or private
foundations, we have fewer because the IRS began scanning those only
in April 2005. They focused on charitable organizations, which make up
the bulk of exempt organizations, because those are the ones that
accept tax-deductible contributions. The need for accountability is
much higher with them than with other types of organizations which are
sort of subsidized by the taxpayer because they federally are tax
exempt, but not like a charity is.‰
Public Citizen‚s public IRS 990 disclosure forms show that it raised
more than $3 million in 2005. That year, the group spent $297, 431 on
mail and $178,182 on consulting and professional fees.
A coalition of grassroots organizers, including David Keene of the
American Conservative Union, Larry Pratt of Gun Owners of America and
Terrence Scanlon of the Capitol Research Center, have written an open
letter calling on Public Citizen to renounce its efforts, which they
called „flawed to the point of hypocrisy.‰
„This bill would apply to those who have no Washington-based
lobbyists, who provide no money or gifts to members of Congress, and
who merely seek to speak, associate and petition the government,‰ it
said. „Regulating the speech, publishing, association and petitioning
rights of citizens is not targeted at corruption in Washington, as
Public Citizen and its supporters would believe. Instead, it is
targeted directly at the 1st-Amendment rights of citizens and their
voluntary associations.‰
The Lobbying Transparency and Accountability Act, which made some of
these changes, was actually approved by both the House and the Senate
in the 109th Congress, but failed to make it through a conference
committee.
To help dramatize the bill this time around, Pelosi is planning to
assign sponsorship of various amendments to incoming freshman, which
they will promote in their maiden House floor speeches.
Current law prevents former members of Congress and senior staff as
well as senior executive staff from lobbying for one year. Pelosi‚s
proposal would extend that to two years and completely ban members and
staff from accepting gifts, meals and privately sponsored travel.
Miss Carpenter is Assistant Editor for HUMAN EVENTS. She is the author
of "The Vast Right-Wing Conspiracy's Dossier on Hillary Rodham
Clinton," published by Regnery (a HUMAN EVENTS sister company).
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4. Official Launch of the Tennessee Freedom Riders
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Subject: TFR-RACE Official Launch
From: Renegade
I am happy to announce that as of today, please let it be known that
there is a new grassroots Motorcycle Rights Organization in
Tennessee.
Its' name is TFR-RACE. Tennessee Freedom Riders-Riders Against
Constitutional Erosion. For those of you who have ever read the
Rhinocerostrilogy, you will understand the concept of "Ready, Fire".
So, we are not launching this organization fully prepared but, we are
full speed ahead with a cause which deserves to 'consume every waking
minute". We fully intend to raise the bar for motorcycle rights
organizations in this state and we have a framework of a plan to
accomplish the task.
We have some excellent mentors, to which, I owe a great deal of
thanks.
Renegade
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5. People-chipping tech cloned by hackers
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http://www.channelregister.co.uk/2006/07/25/verichip_cloned/
By John Leyden 25 Jul 2006 20:29
People-chipping tech cloned by hackers
Cyberfunk
Hackers demonstrated how to clone a copy of an human-implanted RFID
chip at a hacking conference this week. The demonstration goes against
claims from people-chipping firm VeriChip that its technology, the
subject of the experiment, can uniquely identify an individual.
By cloning a chip it would be possible to assume someone's identity,
at least in situations where VeriChip devices are used as the sole
means of identification.
The main difficulty against such an attack is that a VeriChip can only
be read at a range of less than 30cm.
During a presentation at the HOPE (Hackers on Planet Earth) conference
in New York, Jonathan Westhues demonstrated how it was possible to
read the ID number of a VeriChip implanted into the arm of his
colleague, Annalee Newitz, using a standard RFID reader, an antenna,
and a laptop running signal-processing software.
Westhues first held the RFID reader against Newitz's arm. He then
scanned the tiny device again using an antenna connected to his laptop
in order to record the signal transmitted by the implanted device.
Westhues then waved the RFID reader by the antenna, revealing Newitz‚s
until then "unique" ID. This information is enough to produce a cloned
chip, the hackers claim.
"Their [VeriChip's] website claims that it cannot be counterfeited ˜
that is something that Jonathan and I have shown to be untrue," Newitz
said, adding that the tiny RFID chip used by VeriChip contains no
built-in security (such as a challenge response mechanism) that
prevents the attack.
A spokesman for VeriChip, a subsidiary of Applied Digital, said it
hadn't had a chance to review the experiment so it wasn't able to
comment on the hacker's cloning claim.
"We can't verify what they may or may not have done," a spokesman told
Reuters. "We haven't seen any first-hand evidence other than what's
been reported in the media.
"It's very difficult to steal a VeriChip∑ it's much more secure than
anything you'd carry around in your wallet," he added.
"VeriChip" is described by its manufacturers as an implantable,
passive radio frequency identification device (RFID) about the size of
a grain of sand that can be used in a variety of applications such as
assessing whether somebody has authority to enter a high-security
area.
In medicine (the main market), the idea is that if a patient is
unconscious, or otherwise unable to tell doctors about their medical
condition, medics can still find out this information using the ID
contained on the VeriChip. This number is cross-referenced with
hospital databases to give a patient's medical records. ®
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6. Underneath the Engine's Roar, The Beating of a Gentle Heart
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http://www.washingtonpost.com/wp-dyn/content/article/2006/12/09/AR2006120900779.html
A Local Life: Rocco Anthony Berry
Underneath the Engine's Roar, The Beating of a Gentle Heart
By Patricia Sullivan
Washington Post Staff Writer
Sunday, December 10, 2006; Page C07
Two bikers, Rocky and Tank, roared up to a karaoke bar in Ocean City
in about 1996. They dismounted and walked in, dressed in full
motorcycle leathers.
"Everyone was looking at us like, 'I don't know about this,' " Dave
"Tank" Meyers said. "Then Rocky got up there, and he could sing like
an angel."
He might have sung George Thorogood and the Destroyers' "Born to Be
Bad." He might have sung Steppenwolf's "Born to Be Wild," that anthem
of the open highway. But what Meyers remembers him singing is Eric
Clapton's "Wonderful Tonight," a sweet ballad about long-lasting love.
"All the 70-year-olds came over to talk to him and wanted to sit with
us. That's just how he was," Meyers said.
Rocco Anthony Berry -- "Rocky" to his friends, and everyone was his
friend -- was known for his smile, outgoing nature and compassion for
others. After his death Nov. 9 at age 47 from leukemia, almost two
dozen friends on motorcycles escorted his body to the cemetery,
forming an honor guard.
"He was the salt of the earth," said Meyers, who, like Rocky, served
in the Army. "Riding, for us, was enjoying some of the freedom we
helped preserve. When you're on a bike, people tend to gravitate
toward you. We'd go somewhere we didn't know anyone, and within five
minutes, he'd know everybody there."
Other friends agreed.
"The thing that strikes me the most about Rocky is you felt he was
genuinely interested in what you were saying," said Randy Willis, who
knew him through ABATE of Virginia, a motorcycle training and
education group.
"He had a huge heart," said Mary Scanlan, a friend of a dozen years.
"He was one of those guys who was very emotional and deeply touched by
everyone. If you were hurting, he was the first guy to call up and ask
if you were okay."
"He'd go out of his way to make somebody feel better," Rusty Hall
agreed. "He could not sit there and let somebody frown."
As a member of the Wednesday Night Crew, a group of bikers whose
weekly tours of Northern Virginia were supplemented by volunteer work,
Rocky rode a red Yamaha, the target of good-natured teasing from the
rest of the group, who favored Harley-Davidsons.
"He didn't care what anybody thought. He went with what gave the
nicest ride and was the most cost-effective," Scanlan said. "He was
very proud of his bike. He'd call up when he got a new seat or when he
got saddlebags. He would spend the afternoon washing his bike."
Hall said Rocky could be counted on for the Toys for Tots campaign,
the annual Rolling Thunder parade to honor veterans and fundraisers
for the Inova Fairfax Hospital for Children.
"He had the old soul," Hall added. "He knew that it's our obligation
to give back to the community. If we don't take the time to put our
hand out one time, nobody will."
Rocky was a good, safe rider, especially in groups, when motorcyclists
constantly have to be aware of and adapt to the vehicles around them.
One of his mottoes, said his father, William T. Berry, was "never ride
faster than your angel can fly."
He didn't drink or smoke and "was kind of the protector," Scanlan
said. "He tried to make sure everyone was safe, purses were secure,
cameras weren't left behind, nobody drove home if they had too much to
drink."
A man is more than his hobbies, and Rocky earned a living as a
security guard and driving dump trucks. But his great love was his
16-year-old daughter, Brittany, whose school activities he celebrated
and who accompanied him to swimming pools, football games and,
occasionally, on a ride. A son, Jeffrey, died at 3 1/2 months in 1991
of sudden infant death syndrome. He got divorced and lost a job about
the same time.
"He had been through a lot of trials in his life," said Meyers, who
was such a close friend that they got matching tattoos. "My wife at
one time was very ill, and he helped me a lot through those periods.
He was a man who knew difficulty but rose above it. He didn't let
those difficulties make him cynical on the world, you know what I
mean?"
His brother, Thomas Berry, attributed his ability to recover from
life's blows to his faith. Raised as a Roman Catholic, Rocky converted
to the Church of Jesus Christ of Latter-day Saints and as a young man
went on a two-year mission for his church.
"That church really took him in," his brother said. "I have to say
that I think he found peace in God there."
He was generous to a fault, lending people money even if he couldn't
pay his bills.
"That's why I was always buying lunch," his brother said. "He didn't
have a lot, and it didn't matter. He'd rather have friends than
material things."
Friends called him when they had breakdowns on the road, broke up with
spouses or lost their way.
"I want to be remembered as the guy who could always brighten up your
day," Rocky had told his father, "even if I couldn't brighten up my
own."
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7. U.S. SUBPOENAS ACLU, ACLU FIGHTS BACK
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***********************************************************
U.S. SUBPOENAS ACLU, ACLU FIGHTS BACK
>From the Desk of Anthony D. Romero
Executive Director, ACLU
***********************************************************
Dear Friend,
I am writing to tell you about some breaking news of grave importance
to the ACLU. Because it is going to be a big battle -- with
fundamental principles at stake -- I wanted you to be the first to
hear about it.
This week, the ACLU asked a federal judge to quash a grand jury
subpoena that demands that the ACLU turn over to the FBI "any
and all copies" of a December 2005 government document in
our possession.
The three-and-a-half page document, issued in December 2005, is marked
"Secret" and apparently is classified. We received the document,
unsolicited, on October 23, 2006.
This attempt by the Bush Administration to suppress information using
the grand jury process is truly chilling and is unprecedented in law
and in our history as an organization. The subpoena serves no
legitimate investigative purpose and tramples on fundamental First
Amendment rights. We recognize this maneuver for what it is: a patent
attempt to intimidate and impede the work of human rights advocates
like the ACLU who seek to expose government wrongdoing.
The most significant thing about this legal face-off is not the
content of the document, but the government's unprecedented
effort to suppress it. No official secrets act has yet been signed
into law, and the grand jury's subpoena power cannot be used to
create one.
If the government can enforce a subpoena in this way, it could just as
easily have subpoenaed the Pentagon Papers from The New York Times and
The Washington Post. The effect of the subpoena is no different than a
prior restraint and it is equally unconstitutional.
In the landmark Pentagon Papers case, the Supreme Court said that the
government cannot seek to bar newspapers from publishing even
classified documents unless the information would cause "direct,
immediate and irreparable harm to our Nation and its people."
While release of the document in this case might be mildly
embarrassing to the government, our possession of it is legal and its
release could in no way threaten national security. To the contrary,
the designation of the document as "Secret" "appears
to be a striking example of the Bush administration's rampant
use of claims of "state secrecy" and overclassification of
documents and information to hide its actions.
As we note in our brief, many of the most important news articles of
the past year (such as those concerning NSA eavesdropping, rendition
of foreign prisoners of our nation to other nations, Defense Secretary
Rumsfeld's views on the deteriorating situation in Iraq,
National Security Advisor Hadley's assessment of Iraqi Prime
Minister Maliki, and the report on the Iraq insurgency's funding
sources) have been based on classified documents leaked to
reporters, which could not be prepared and published as they have been
were the government allowed to use subpoenas to confiscate "any and
all" copies of classified documents it learns are in the hands of
journalists and other public advocates and critics.
You can read more about this case and our fight against the subpoena
online.
http://action.aclu.org/site/R?i=Pz9jxY-281X5u0Xhzr3nAA..
The ACLU is no stranger to the government's use of such tactics
to try to silence their critics. You can rest assured that even with
the full weight of the federal government pressing down on us, we will
act with courage and conviction in the days ahead.
As in other historic ACLU efforts to defend freedom, our ability to
stand firm in matters such as this is strengthened by the support from
you and other ACLU members and activists.
Please stay closely attuned to developments in this serious matter and
all of our other vital work to defend freedom.
Sincerely,
Anthony D. Romero
Executive Director
ACLU
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8. All State 2007 Highway Safety Plans
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View your state plan here:
http://www.nhtsa.dot.gov/nhtsa/whatsup/SAFETEAweb/pages/SafetyPlans.htm
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9. Showdown Looms Over Domestic Spying
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http://www.foxnews.com/wires/2006Dec17/0,4670,DomesticEavesdropping,00.html
Showdown Looms Over Domestic Spying
Sunday, December 17, 2006
By DAVID KRAVETS, Associated Press Writer
SAN FRANCISCO ˜ Federal agents continue to eavesdrop on Americans'
electronic communications without warrants a year after President Bush
confirmed the practice, and experts say a new Congress' efforts to
limit the program could trigger a constitutional showdown.
High-ranking Democrats set to take control of both chambers are
mulling ways to curb the program Bush secretly authorized a month
after the Sept. 11 attacks. The White House argues the Constitution
gives the president wartime powers to eavesdrop that he wouldn't have
during times of peace.
"As a practical matter, the president can do whatever he wants as long
as he has the capacity and executive branch officials to do it," said
Carl Tobias, a legal scholar at the University of Richmond in
Virginia.
Lawmakers could impeach or withhold funding, or quash judicial
nominations, among other measures.
The president, however, can veto legislation, including a law
demanding the National Security Agency obtain warrants before
monitoring communications. Such a veto would force Congress to muster
a two-thirds vote to override.
"He could take the position he doesn't have to comply with whatever a
new Congress says," said Vikram Amar, a law professor at the
University of California, Hastings, and a former Supreme Court clerk.
Douglas Kmiec, a former Justice Department official under former
presidents Reagan and George H.W. Bush, speculated the younger Bush
would assert executive authority to continue eavesdropping in the face
of new legislation _ perhaps leaving the Supreme Court as the final
arbiter.
"He has as much a constitutional obligation to assert himself, just as
much as Congress does," Kmiec said. "We do need an arbitrator, an
interpreter. That's what the courts, the third branch of government,
was intended to be."
On Dec. 17, 2005, Bush publicly acknowledged for the first time he had
authorized the NSA to monitor, without approval from a judge, phone
calls and e-mails that come into or originate in the U.S. and involve
people the government suspects of having terrorist links.
Bush said he had no intention of halting what he called a "vital tool"
in the war on terror.
When the Republican-controlled Congress adjourned last week, it left
the spying program unchecked.
The next move falls to the Democrats who take control in January and
are considering a proposal to demands Bush get warrants and others
lengthening the time between surveillance and when a warrant must be
obtained.
A spokesman for Sen. Harry Reid, the incoming Senate majority leader
from Nevada, said the eavesdropping issue "is something he expects to
tackle early next year."
"He doesn't believe in giving the president a blank check to listen to
the phone conversations of millions of Americans," spokesman Jim
Manley said.
Jennifer Crider, a spokeswoman for Nancy Pelosi, the San Francisco
Democrat who will become House speaker, said eavesdropping legislation
was under consideration and hearings on the topic were likely early
next year.
Decisions are pending in dozens of lawsuits challenging the program.
The Cincinnati-based 6th U.S. Circuit Court of Appeals, the highest
court squarely confronted with the issue so far, is to hear the
American Civil Liberties Union's challenge Jan. 31. One stop short of
the Supreme Court, the appeals court will review a Detroit judge's
ruling that the program was unconstitutional.
The case is American Civil Liberties Union v. National Security
Agency, 06-2095.
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10. Highway Safety Improvement Program „5 Percent Report‰ Requirement
----------------------------------------------------------------------
http://safety.fhwa.dot.gov/fivepercent/index.htm
Highway Safety Improvement Program
„5 Percent Report‰ Requirement
This Web site contains reports provided by the states in response to a
Federal requirement to describe at least 5 percent of the locations in
each state currently exhibiting the most severe highway safety needs,
in accordance with Sections 148(c)(1)(D) and 148(g)(3)(A), of Title
23, United States Code. The reports that follow represent a variety
of methods utilized and various degrees of road coverage. Therefore,
the reports included on this Web site cannot be compared to one
another.
Protection from Discovery and Admission into Evidence˜Under 23 U.S.C.
148(g)(4) information collected or compiled for any purpose directly
relating to this report shall not be subject to discovery or admitted
into evidence in a Federal or State court proceeding or considered for
other purposes in any action for damages arising from any occurrence
at a location identified or addressed in the reports.
Section 1401 of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (Public Law 109-59)
amended Section 148 of Title 23, United States Code, to create a new
Highway Safety Improvement Program (HSIP) as one of the Federal
Highway Administration‚s „core‰ programs. The purpose of the HSIP is
to reduce traffic fatalities and serious injuries on public roads.
As part of the new HSIP, states are required to submit an annual
report describing not less than 5 percent of their highway locations
exhibiting the most severe safety needs. The intent of this
provision is to raise public awareness of the highway safety needs and
challenges in the states.
In addition to listing the locations, the states‚ reports are to
include:
* Potential remedies to the hazardous locations identified;
* Estimated costs of the remedies; and
* Impediments to implementation of the remedies other than costs.
To assist the States in preparing these reports, the Federal Highway
Administration provided guidance in April 2006
(http://safety.fhwa.dot.gov/safetealu/fiveguidance.htm).
This guidance provided considerable flexibility and included several
methods that the states could use to identify their most severe safety
needs.
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11. Widow asks judge not to send driver in fatal wreck to jail
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http://www.mlive.com/news/fljournal/index.ssf?/base/news-40/1165848758108490.xml&coll=5
Widow asks judge not to send driver in fatal wreck to jail
FLINT
THE FLINT JOURNAL FIRST EDITION
Monday, December 11, 2006
By Paul Janczewski
pjanczewski@flintjournal.com 810.766.6333
Despite losing her husband when an elderly woman slammed into the back
of his motorcycle, Myra Trent asked a judge to avoid sending the woman
to jail.
She only wants the woman to stop driving.
Because of that request, Hilda M. Rippy was able to plead guilty to
reckless driving instead of facing a more serious charge of negligent
homicide.
Rippy, 84, of Grand Blanc was sentenced to 2 years of unsupervised
probation by Central District Judge Christopher R. Odette.
Odette also ordered her to pay restitution and to report to the Grand
Blanc court for a periodic review.
The crash occurred June 5 in Mundy Township when Cyrus E. Trent, 57,
was struck from behind by Rippy as he tried to turn left onto Eastwood
Drive from Linden Road while returning from his motorcycle ride.
Just hours earlier, Trent met his wife for lunch and asked her to skip
out of work so they could ride together.
Myra Trent, reading from a single-page statement she wrote, told
Odette her husband came from a poor family in West Virginia, but he
came here to work at a General Motors plant.
He earlier spent more than a year in Vietnam in Special Forces as a
combat tracker and dog handler.
The couple had two sons and Trent coached several youth sports teams
in the Swartz Creek area.
Rippy originally was charged with negligent homicide, a 2-year circuit
court misdemeanor. Reckless driving is a 93-day misdemeanor that also
puts six points on a person's operator's license.
Attorney Michael P. Manley, who represented Rippy, said his client was
devastated by the crash and has since suffered a heart attack.
Rippy did not speak and appeared emotionally distraught. Trent was
also an avid outdoorsman who loved fishing and hunting. The loyal
family man was also a driving instructor.
He was preparing to retire from GM within 25 days at the time of his
death.
Trent and his wife had been married 36 years and were planning a trip
out West.
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12. Freedom Riders defending middle class
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http://www.azcentral.com/arizonarepublic/opinions/articles/1216satlets4-161.html
Freedom Riders defending middle class
Dec. 16, 2006 12:00 AM
The Arizona Republic has confused the American Freedom Riders' burning
desire for secure borders and interior enforcement with a temper
tantrum on illegal immigration ("Immigration temper tantrum,"
Editorial, Dec. 9).
Certainly, if you are not angry about this issue, you are ambivalent
about enforcement of federal immigration laws, as are the greedy,
law-breaking employers that we target with our efforts.
Employers who are breaking the law with impunity are the ones we are
educating, in the hopes they will obey our laws.
We do the jobs our dysfunctional government refuses to do by
attempting to deter exploitative and felonious employers from hiring
illegal aliens.
We distribute SAVE (Systematic Alien Verification for Entitlements)
fliers and post offenders on www.wehirealiens.com.
The magic of the AFR is that as bikers we have no pretense about being
politically correct. We cannot be silenced by mischaracterizations or
easily intimidated out of defending the rule of law and the right of
free speech.
We are not anti-immigrant.
However we are profoundly anti-illegal immigration, down to our biker
bones, and not one rationalization will detract us from our
zero-tolerance of this unbearable burden to hard-working taxpayers.
Contrary to the opinion of The Arizona Republic, the solution is to
enforce our existing federal immigration laws. They are unambiguous
and worded to serve the best interest of American citizens and legal
immigrants.
Common sense alone makes it clear that America faces disastrous
economic, social and cultural consequences from a continued invasion
of illegal aliens on a massive scale.
At this rate, middle-class America stands to be decimated.
Until federal government officials accept their constitutional
responsibility to enforce our laws, the AFR will continue to actively
and visibly bring attention to the illegal scam being perpetrated on
our nation. We will not stand for open borders!
- Rusty Childress,
Phoenix
- Danny Smith, Sonoita
The writers are co-founders of the American Freedom Riders.
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13. From the Lighter Side of the Saddle Bag
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Thanks to Duck for contributing the following:
Twas the night before Christmas,
And not until spring ,
Would an engine be running,
not even a wing
The Bikes are all sleeping
They're covered and warm
Batteries are tended,
nylon covers their form.
My Bros were all nestled
snug in their beds,
White visions of new chrome
danced in their heads.
And I in my doo-rag,
bike jacket and boots.
Out shoveling snow,
and dreaming of scoots.
Then from the horizon
there came such a clatter,
My shovel I dropped,
what could be the matter?
Away up the hill,
I slogged through the snow,
Looked up at the sky:
where'd all that noise go?
A throb from the heavens
like straight pipes so hearty,
Gave summer's good thoughts,
like a loud Bikers party.
When, what to my wondering
eyes should appear,
But a neat '02 Retro,
Red trailer in rear.
With a little old rider,
so lively and quick,
I knew in a moment
it must be St. Nick.
More rapid than Crotchies
his Retro came on.
And he whistled, and shouted
and sang out this song:
Now, Harley!
Now, Big Dog!
On Honda and Beamer!
Now Vulcan!
Now injun!
On Victory and Trumpet!
To the top of the porch!
To the top of the wall!
Now Ride away!
Ride away! Ride away all!
As small bikes
that from the semis do fly,
When they meet with the air blast,
mount to the sky.
So up to the house-top
that OLX it flew
With a trailer of goodies,
and ole St. Nick too.
And then, in a twinkling,
I heard on the roof ,
The rumble and thunder of pipes
that gave proof.
I ran to the house
boots thumping around,
And in came St. Nick
all bearded and round.
Dressed all in black leather,
from Helmet to boot,
is chaps were all tarnished
with road grime and soot.
A T-Bag of goodies
he'd flung on his back.
And he looked like a peddler
just opening his pack.
His shades.. how they twinkled!
His doo-rag how scary!
With chains intertwined,
through skulls that were cherry!
His droll little mouth
had done many a row,
So the beard of his chin
was as white as the snow.
The Stump of a pipe
he held tight in his teeth,
The Smoke had a strange smell:
it gave him a relief!
He had a broad face
and a large fat beer belly,
That shook, when he laughed
like a bowlful of jelly.
He was tattooed and plump,
a right jolly old rider,
So I offered a cold Bud,
thought what could be righter?
In a twinkle of his eye
as he downed that cold beer,
Gave me to know
I had nothing to fear.
He spoke not a word,
but went straight to my ride,
And fixed it with chrome,
Horsepower and Pride!
And giving the peace sign
with Biker's good cheer,
Took off for his Retro
which was rumbling quite near.
He sprang on the saddle,
his gloves on the bars,
A wheely he threw
then off towards the stars!
I heard him exclaim,
as my chest swelled with pride..
"HAPPY CHRISTMAS TO ALL,
AND TO ALL A GOOD RIDE!"
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14. Show your support for the fight.
http://www.solriders.com/products/
----------------------------------------------------------------------
If you need more info on this or any other subject just go to the Sons of
Liberty Riders Info Zone
http://solriders.com/ or http://bikers4row.org
-- Later Hawk
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Success is determined by EFFORT!!
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Anything can be accomplished, if it's planned right and you have the desire and creativity to execute it. Jesse "The Governor" Ventura
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Sons of Liberty Riders http://www.solriders.com/ or http://www.bikers4row.org
***********************************
Copyright 2006, Sons of Liberty Riders
©I.M.R.A., Inc 2006