The “Other” Domestic Violence – False Accusations “Kill” the Accused

As bad as domestic violence can be, false accusations are ruinous, and non-recourse punishment by our injustice system.

The law did not address domestic violence seriously, until recent decades.  Then state legislatures passed current domestic abuse laws in fits of passion without thinking of potential abuse by false accusation.  Now, vengeful women use these laws as weapons in child custody, and divorce cases, as well as for just plain spite.  There is no defense.

The police are required to come and arrest the accused and take him to jail, even if the accuser recants on the spot.  Then, the D.A. charges the accused, even if the accuser continues to recant, (the mean women pile on other wild accusations and get restraining orders.).

Meanwhile, the meter is running on legal bills, and in custody situations, the father cannot see his kids.

If he is found not guilty, he is still out thousands of dollars, may have lost his job, and his reputation.  On top of that, he has zero chance of filing charges against the accuser; they will not prosecute for fear that such charges”might discourage real victims from coming forth.”

My son-in-law is going through this right now.  The accuser claimed he bent her finger, hurt her ribs, and hit her.  She had no signs of damage, did not go to a doctor, and waited 10 days, until he was in back surgery, to call the police.  He was arrested, charged, and subject to a 90-day restraining order, which kept him from seeing his 18-month-old son.  His employer suspended him pending the trial (next February).  Legal fees are over $5,000 so far.

Then, she added more far-fetched accusations:  he tore her clothes off, chased her around the apartment, pulled out and administered a rape kit to test if she had cheated on him, then produced a polygraph machine and tested her for lying.  (She never mentioned the baby at all.)  Since then, she has thought up even more charges; and the D.A. just keeps on adding one ridiculous item after another.  Oh, did I mention she is crazy?

He is not alone, by a long shot.  Look online for stories of false accusation.  Sure, most of the time the charges have substance.  But in this case, I am sure this woman used these accusations to punish him and keep him from his son.

The only way to change this travesty, is to encourage/threaten your elected officials.  If there is clearly no obvious harm to the woman, AND she recants, and admits she did it out of spite/anger, the allegation should be investigated, not ruining the man’s life.

The accused should be treated as innocent until proven otherwise.  Until balance and due process are restored, men can always be guilty until proven innocent, and even then they lose.

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21st Century Virtual Lynching – Bloodlust Prevails

In 2016, the concept of innocent until proven guilty is moot.  Today, anyone who angers the black community is “dead,” due to the unbridled media, and the overreaching, extremely savage federal laws about “civil rights.” No defendant can survive the excoriation, and crucifixion by the media.  Even if they could, they face the financial impossibility of paying for extended, legal counsel against racist hatred financed by the federal government and black “causes.”

It does not matter if the accused is guilty, the defendant is doomed.  If acquitted by one court, another jurisdiction, another theory of law is employed until the person is strangled and expunged from life.

This is lynching.  What a sad day it is when a person is hounded to moral and social death because protection from double, or even triple jeopardy no longer applies in the USA. “How do I hate thee, let me count the ways.”  The American legal system has become a hydra, growing so many heads of prosecution, persecution, and execution, that no one can survive a racial accusation; so now we sanction rope-less, virtual lynching.

A content-hungry professional media, an uncontrolled social media, an unlimited pool of unscrupulous attorneys and advocates, along with a bottomless well of faceless, racial vitriol produces a cauldron which boils any white police officer action against a black suspect into a festering, puss-filled wound with no remedy but rope-and-tree, execution of the “guilty.”

In most courts, the attorney for anyone accused of murder would be ecstatic with a hung jury mistrial; but not anymore.  Not only will the prosecutor retry the accused, (something that almost never happens in real, non-racial life) but also the accusers will resort to federal suits for violation of civil rights.

What chance does an acquitted police officer have to live again?

 

“From 1882-1968, 4,743 lynchings occurred in the United States.  Of these people that were lynched 3,446 were black.  The blacks lynched accounted for 72.7% of the people lynched.  These numbers seem large, but it is known that not all of the lynchings were ever recorded.  Out of the 4,743 people lynched only 1,297 white people were lynched.  That is only 27.3%.  Many of the whites lynched were lynched for helping the black or being anti lynching and even for domestic crimes. “

http://www.chesnuttarchive.org/classroom/lynchingstat.html

The presumption of innocence, sometimes referred to by the Latin expression Ei incumbit probatio qui dicit, non qui negat (the burden of proof is on the one who declares, not on one who denies), is the principle that one is considered innocent unless proven guilty.

In many states, presumption of innocence is a legal right of the accused in a criminal trial, and it is also regarded as an international human right under the UN‘s Universal Declaration of Human Rights, article 11. The burden of proof is thus on the prosecution, which has to collect and present enough compelling evidence to convince the trier of fact, who is restrained and ordered by law to consider only actual evidence and testimony that is legally admissible, and in most cases lawfully obtained, that the accused is guilty beyond reasonable doubt. If reasonable doubt remains, the accused is to be acquitted. Under the Justinian Codes and English common law, the accused is presumed innocent in criminal proceedings, and in civil proceedings (like breach of contract) both sides must issue proof. Under Anglo-American common law, the accused is always presumed innocent in all types of proceedings; proof is always the burden of the accuser. The same principle is recognized by Islamic law.

https://en.wikipedia.org/wiki/Presumption_of_innocence

Who Examines Presidents? – Whoever They Choose

 

Americans deserve and need to know the health of our President, and our Vice-President; but we do not.

That is right:  There is no impartial national medical team for our country’s top executives, or those who seek those positions.  Each president and vice-president picks their own doctors, and decides what medical information they disclose.  In fact, several presidents have withheld and even falsified their health conditions to the public.  Kind of scary to not know the health of the most powerful politician in the world.  And, a heartbeat away, it also makes knowing the health of the Vice-President more than a casual concern.

The 25th amendment to the U.S. Constitution provides emergency options, should the president be incapacitated.  It lays out protocols for the vice president to take over, temporarily, when the president is stricken.  Why rely on such extraordinary measures when we can anticipate, and avoid problems by knowing the health of our president?  We have the technology.

In a 1993 edition of The Journal of the American Medical Association, former President Jimmy Carter advocated “the creation of a ‘nonpartisan group’ of physicians to help decide when a president’s illness affects his judgment.”   Apparently, doctors of previous presidents said presidential disability was a terrible problem.

Examples of hidden conditions:

Ronald Reagan

Reagan fought hard to dispel any rumors about his ill health, even after surviving an assassination attempt and colon cancer.  Some historians speculate the 40th president suffered from dementia  while he was in office.  He was publicly diagnosed with Alzheimer’s Disease before his death in 2004.

John F. Kennedy

John F. Kennedy presented the image of youthful vigor, but was in chronic pain due to back troubles from a World War II injury and constantly fatigued from Addison’s Disease (a chronic insufficiency of the adrenal glands).

Franklin D. Roosevelt

FDR hid the severity of his polio until after his death in 1945. Roosevelt was barely able to stand as he governed through World War II.

Woodrow Wilson

Wilson concealed the fact that he had three minor strokes leading up to his run for the presidency.  During his second term, Wilson suffered a massive stroke that left him paralyzed and blinded on the left side of his body.  He couldn’t have a cabinet meeting for nine months.

His vice president, Thomas Marshall, refused to take over; Wilson could only manage his presidential duties with the help of his wife, Edith, who decided which issues deserved the president’s attention.

In this case voters were denied knowledge of conditions that seriously limited Wilson’s ability to govern.

William Henry Harrison

The 9th president of the United States died in his first month in office of “bilious pleurisy” which appeared as “inflamed lungs,” an “engorged liver,” and a “delirious mental state.”

We want to know that our top leaders are healthy enough to perform their vital roles.  As we approach the 2016 election, Americans are concerned that we have no reliable way to learn about the physical and mental health of the presidential candidates, and their running mates.  Right now, with no other mechanism in place, only the candidates can relieve our concerns.

New York Times Silly Defense of Hillary

I woke up this morning to a silly, unchallenged report of Hillary Clinton’s email issues published by the New York Times.  I would have used the terms “inane” or “preposterous” in place of “silly,” but that would have required a higher Lexile level.  Hillary Clinton served as Secretary of State from 2009 to 2013. Neither she nor her staff learned anything about top-level classified information or communications, based on her testimony and interviews.

Come on now; “a top aide to Mrs. Clinton told the company that housed her server to delete an archive of emails from her account.”  The implication of the New York Times article was that the servers were “housed” i.e. located with Platte River Network.

But wait:  Wikipedia reported that, “The domains were pointed to a private email server that Clinton (who never had a state.gov email account) used to send and receive email, and which was purchased and installed in the Clintons’ home for her 2008 presidential campaign.”

Oh, I guess that was just a slip of the keyboard.

“According to the F.B.I., in December 2014 a top aide to Mrs. Clinton told the company that housed her server to delete an archive of emails from her account. The company, Platte River Networks, apparently never followed those instructions.”

“On March 2, 2015, The New York Times reported that Mrs. Clinton had (sic) exclusively used a personal email account when she was secretary of state.  Two days later, the congressional committee investigating the 2012 attacks in Benghazi, Libya, and Mrs. Clinton’s response to them, told the technology firms associated with the email account that they had to retain “all relevant documents” related to its investigation.”

But then, so, so conveniently:

“Three weeks later, a Platte River employee had what the F.B.I. documents described as an “oh shit” moment and realized he had not deleted the emails as instructed. The employee said that he then used a special program called BleachBit to delete the files. The F.B.I. said Mrs. Clinton (said she) was unaware of the deletions.”

That is so flimsy, so lame, no wonder Hillary has such low credibility.

Next, the Secretary of State, like all members of the Cabinet, is responsible for classifying information, not standing by expecting department employees to tell them what should be classified.  Who is in charge here?  But we are fed this report:

“In Mrs. Clinton’s interview with the F.B.I., she said she did not recall receiving any emails “she thought should not be on an unclassified system.” She said she had relied on State Department officials to use their judgment when emailing her sensitive information, adding that she “could not recall anyone raising concerns with her regarding the sensitivity of the information she received at her email address.”

But what secure, official email address were they to use?  Apparently she had none.

And then, she gets a reply from Colin Powell warning her about including private email for government communications, “Be very careful. I got around it all by not saying much and not using systems that captured the data.”  In other words, he used secure, government email for business.

According to a summary of her interview, Mrs. Clinton said that she did not know exactly what Mr. Powell was saying in that email and that his message “did not factor into her decision to use a personal email account.”

Mrs. Clinton showed high IQ in every part of her life but this one.  What happened?

Then the article questions the intelligence of either Mrs. Clinton or her staff and closest aides.

“Mrs. Clinton said in her interview that it was “common knowledge” that she had a private email address because it was “displayed to anyone with whom she exchanged emails.” But the F.B.I. said in a summary of its findings that “some State Department employees interviewed by the F.B.I. explained that emails by Clinton only contained the letter ‘H’ in the sender field and did not display her email address.” The F.B.I. said that some of Mrs. Clinton’s closest aides were aware that she used a private email address but did not know that she had set up a private server. The aides told the F.B.I. they were “unaware of the existence of the private server until after Clinton’s tenure at State or when it became public knowledge.”

The rest of the article makes me weary:

“Mrs. Clinton kept her BlackBerry in a State Department secure area, where it was prohibited

According to the summary of the investigation, Mrs. Clinton brought her BlackBerry into a secure area on the seventh floor of the State Department, where such electronics are prohibited. The F.B.I. interviewed three former State Department diplomatic security agents who said that Mrs. Clinton kept her BlackBerry in her desk drawer in the secure area, a so-called Sensitive Compartmented Information Facility, or SCIF. But Huma Abedin, a top aide to Mrs. Clinton, told the F.B.I. that Mrs. Clinton left the secure area to check her BlackBerry, often going to the State Department’s eighth-floor balcony to do so.

Mrs. Clinton had a lot of electronic devices

The F.B.I. said that it had identified 13 mobile devices that Mrs. Clinton potentially used to send emails. Mrs. Clinton’s aides were in charge of buying replacement BlackBerry devices when she was in office, often obtaining them from AT&T stores in the Washington area. Ms. Abedin told the F.B.I. that “it was not uncommon for Clinton to use a new BlackBerry for a few days and then immediately switch it out for an older version with which she was more familiar.” Ms. Abedin and another aide told the F.B.I. that “the whereabouts of Clinton’s devices would frequently become unknown once she transitioned to a new device.” An aide to Bill Clinton, Justin Cooper, who helped set up the server, told the F.B.I. that he recalled “two instances where he destroyed Clinton’s old mobile devices by breaking them in half or hitting them with a hammer.”

This September 2 repeat of the email reports showed nothing new, and seemed to soften the edges on criticisms of what Hillary did.  Tsk, tsk, NYT

Middle-Class Families Robbed by Obamacare – Before and After Taxes

The New York Times just published an article claiming that middle-class families are better off financially.  They blithely overlooked the greatest tax increase in recent memory and the greatest increase in medical cost Americans have ever seen.  We have been robbed blind.

Many employers dropped or reduced their health insurance benefits and left their employees to shop Obamacare market places.  Not only are the premiums higher and the benefits lower, but now they must pay with after-tax dollars.  Insurance premiums paid by employers is exempt from payroll and income taxes.  Any of the premiums employee pays must come from earnings that have been taxed at about 8% for Social Security, Medicare taxes; the employer pays the same amount in matching payroll taxes.

But that’s not all; the employee also pays income taxes on the earnings – at least 15%.  So 8% + 15% is 23% fewer dollars in the employees’ pockets just to get the money to pay for healthcare insurance.  Since Obamacare started, health insurance for middle-class families has roughly doubled.  They get no government subsidies; they have fewer choices of doctors and hospitals; the deductibles and copays empty the bank accounts.  People who have worked hard, have been nicked by the recession.  They may be working for a fraction of their former incomes.  Families are now strapped for cash, and struggle to find medical providers that will accept their healthcare insurance.

Ask yourself, is the New York Times right?  Have we increased our incomes enough to rise above the tax grab and the insurance double-cross?  Our economic anemia verges on leukemia; Obamacare is the pathogen, not the cure.

Doctors & Hospitals Reject Pre-existing Fedicare

Health care providers are rejecting people with Obamacare policies, Medicare, and Medicaid because of reimbursement rates, and the financial inabilities of Obamacare patients to pay their share.

Context

Insurance spreads large financial risks over a pool of people who face that risk.  Only some of the people will actually experience the losses.  Members of the pool pay “premiums” to pay the losses, administer the process, and provide a profit to the owners of the insurance company.

Insurance companies use “underwriters” to:

  • Measure the potential financial risks of issuing policies
  • Set the conditions included and excluded
  • Set the premiums and duration of coverage

The idea is to:

  • Keep premiums low for normal risk people
  • Set higher premiums for people with higher risks
  • Limit coverage for conditions that already exist
  • Decline people who are high risk

Obamacare Reality

Obamacare health insurance plans cannot decline people with pre-existing conditions, by law.  The medical costs are not a risk for these people, they are an enormous, financial certainty.  These high costs must be covered by premiums paid by other insured policy holders, or absorbed by the insurance company.

Obamacare prohibits “marketplace” insurers from rejecting high-risk applicants, and people with preexisting conditions.  However, not all policies are created equal.  The variables are:

  • Premiums
  • Government premium subsidies
  • Patient co-payments
  • Patient and family deductibles
  • Reimbursement rates (the amounts insurers pay the doctors, laboratories, imaging clinics, and hospitals)

Service providers need to get paid an acceptable amount, in an acceptable amount of time.  Insurers offer reimbursement levels, but providers do not have to accept them.  Providers can set the minimum for their services, but the insurers do not have to include them in their “network.”

The medical community now does what insurance companies used to do – when in doubt, decline Obamacare, Medicare, and Medicaid patients.

The top quality insurance companies are withdrawing from the marketplaces to avoid the losses they experience from the pre-existing condition patients.  The insurers are limiting the types of plans to Health Maintenance Organizations (HMO’s) which only use selected providers.  They are eliminating Preferred Provider Organizations (PPO’s) which give the insured choices of providers within a selected “Network,” and “Out of Network” for higher copays.

People are dropping their health insurance because the combined costs of premiums, co-pays, deductibles; the lack of providers who accept their insurance contributes to this attrition.

Joint FBI-US Attorney Probe of Clinton Foundation – Could It Be a Political Maneuver?

I guess I am becoming cynical and suspicious of the FBI and the DOJ after the email investigation.  Now, the FBI will send their notes to Congress.

Per NBC:  “The notes are not verbatim transcripts of the interview, which Comey said lasted three and a half hours. Under the FBI’s long-standing policy, agents do not make audio or video recordings of their interviews. Instead, summaries of the interviews are written on FBI Form 302, and have come to be known as “302’s.”

An FBI policy paper explains that “the presence of recording equipment may interfere with and undermine the successful rapport-building interviewing technique which the FBI practices.”

Two years ago, however, the Justice Department said FBI agents should begin recording interviews, but only involving “individuals in federal custody, after they have been arrested but before their initial appearance” in court.

That rule did not apply to the Clinton interview, which was voluntary. She was not in custody, nor had she been arrested.”

Here is a Forbes article that reveals the strange FBI policy in detail:

http://www.forbes.com/sites/harveysilverglate/2011/07/27/constructing-truth-the-fbis-nonrecording-policy/#5d30f16e17f0

After you read the rationale for weakly justified policies, it becomes clear that the FBI wants complete control to manipulate the information it gathers.

Who knew about this policy while the so-called investigation was going on?  If we had known, we could have insisted that someone other than the FBI conduct and record the interview under oath, like a deposition.

What kind of rapport building did the FBI need with someone as sophistated as Hillary? Why did she not speak under oath?  What is the FBI policy that prohibits that?

How could they later know if she lied to the FBI?  This is ridiculous, and obvious.  The FBI could very easily have recorded what she said and made their interviews with Hillary Clinton accessible to us; but consciously, they chose not to. Hillary says this clears her, so stop talking about the emails.

Now we hear that the FBI and the US Attorney are investigating the Clintons’ Foundations for signs of impropriety, such as influence peddling, and accepting inappropriate foreign donations.

I would not get my hopes up that the investigation will yield anything negative before November.  The idea is to do away with lingering questions like they have with the emails.   The probe will allow the Clintons to block any inquiries that might be harmful by claiming it is part of an “ongoing investigation.”

Actually, I would not be shocked if we get an “all clear” in October to boost Hillary’s trustworthiness polls. It seems that neither the FBI nor the DOJ can be trusted; we cannot rely on anything to be honest or sacred in the halls of the federal government.