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City to sue owner of partially collapsed 19th century livery in Buffalo, New York

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City to sue owner of partially collapsed 19th century livery in Buffalo, New York

Tuesday, June 24, 2008

Buffalo, New York —Two weeks after a 19th century stable and livery on Jersey Street partially collapsed and caused 15 homes to be evacuated in Buffalo, New York, residents still do not have answers from the city despite a court order to work with them and come to an agreement on a way to save some or all of the building, Wikinews has learned. Despite the frustration from residents, the city is planning on suing the building’s owner. A rally was held at the stable’s site where residents are hoping to bring more awareness to the situation and gain more support to save the building.

On June 11, a significant portion of the stable’s right side wall collapsed into the yard of a resident’s home. Authorities, including the Buffalo Fire Department were called to the scene to evaluate the collapse and evacuate 15 homes of residents surrounding the stable as a precautionary measure. The following day, the city ordered an emergency demolition on the building, which was stopped by a restraining order residents with Save The Livery (www.savethelivery.com) won on June 14. Two weeks later, five homes are still evacuated and residents don’t know when they will be able to return.

On June 19, Judge Justice Christopher Burns of the New York State Supreme Court ordered a halt to the emergency demolition and ordered the city and residents to come to an agreement to save the building, or at least a significant portion of it. Despite a court date today, no agreement has yet been reached between the two parties.

“It is in the interest of the city to have a safe environment–but also important to maintain a sense of historical preservation,” stated Burns in his June 19th ruling. The court ruled that a limited demolition could take place and that the city was only allowed to remove material in immediate danger to residents and pedestrians, but stated that the demolition could only be performed with “hand tools.” The court also ordered that any rubble which had fallen into neighboring yards when the building collapsed, to be removed. Since then, most of not all the significantly damaged portions of the building or portions in immediate danger of falling have been demolished. The roof has also been removed to put less stress on the stable’s walls.

“Its been over three years since we have been having problems with part of the livery falling down. There was an implosion two weeks ago and suddenly the city wanted to have an emergency demolition,” said Catherine Herrick who lives on Summer Street immediately behind the stable and is the main plaintiff in the lawsuit against the city. Many homes on Summer are small cottages which were used as servants quarters when the stable was in operation, many of which were built in the 1820’s. At least seven homes on Summer border the stable’s back walls. Residents in those homes have significant gardens which have been planted against the building and growing for decades.

“Both parties are to continue to work together to see how we can meet everybody’s needs. This is the third time we have been in that courtroom, and that is what we were basically told to do,” added Herrick who said the rally was held today because this “is Buffalo’s history. Buffalo is a wonderful place to live because of its history and this is a historical, beautiful building and we need to keep those beautiful buildings.”

Herrick states that the city is working with residents, but also believes that its “slow moving” and they are allowing the owner to get away with neglect on the property.

“I believe right now that they are letting the owner get off. The owner was negligent for 20 years, and hasn’t done anything to it despite what he has claimed to say. Now that this is an emergency situation, the city has a lot to say about it,” added Herrick.

Currently the building is owned by Bob Freudenheim who has several building violations against him because its poor condition. He has received at least five violations in three months and residents who live near the building state that Freudenheim should be “100% responsible” for his actions.

Freudenheim gave the city permission to demolish the building on June 12 during an emergency Preservation Board meeting, because he would not be “rehabilitating the building anytime soon.” Freudenheim, along with his wife Nina, were part-owners of the Hotel Lenox at 140 North Street in Buffalo and were advocates to stop the Elmwood Village Hotel from being built on the Southeast corner of Forest and Elmwood Avenues. They also financially supported a lawsuit in an attempt to stop the hotel from being built. Though it is not known exactly how long Freudenheim has owned the stable, Wikinews has learned that he was the owner while fighting to stop the hotel from being built. Residents say that he has been the owner for at least 22 years. Attorneys for Freudenheim confirm that the city is starting proceedings against him for his violations beginning as early as Wednesday June 25. Freudenheim has not released a statement and could not be reached for comment.

Many residents want the building preserved and Herrick states that their engineer can have it stable in “four days” as opposed to the 14-30 days it would take to demolish the building and “at a lesser cost than what it costs to demolish it.”

It will cost the city nearly US$300,000 to demolish the building which is paid for with tax money collected from residents in the city. The Buffalo News reports that fees are approaching $700,000. Though reports say there is a potential buyer of the stable, Wikinews cannot independently confirm those reports.

Residents say the stable was designed by Richard A. Waite, a 19th century architect, and was first owned by a company called White Bros., used as a stable and housed at least 30 horses at any given time. It also stored “coaches, coupes, broughams, Victorias and everything in the line of light livery,” stated an article from the West Side Topics dated 1906. According to the article, The company first opened in 1881 on Thirteenth Street, now Normal Avenue, and later moved into the Jersey building in 1892. The Buffalo Fire Department believes the building was built around 1814, while the city property database states it was built in 1870. It is believed to be only one of three stables of this kind still standing in the country.

At about 1950, the stable was converted into an automobile body shop and gasoline station.A property record search showed that in 1950 at least four fuel storage tanks were installed on the property. Two are listed as 550 square feet while the other two are 2,000 square feet. All of the tanks are designated as a TK4, which New York State says is used for “below ground horizontal bulk fuel storage.” The cost of installing a tank of that nature according to the state, at that time, included the tank itself, “excavation and backfill,” but did not include “the piping, ballast, or hold-down slab orring.” It is not known if the tanks are still on the property, but residents are concerned the city was not taking the precautions to find out.

Wikinews has called the city along with the Mayor’s office several times, but both have yet to return our calls. There are conflicting reports as to the date of the next hearing. According to Herrick, the next hearing is July 1, 2008 though the Buffalo News states the next hearing is July 8. The News also states that Burns will make a final ruling on the stable at this time.

Loving Professional Sports Learning Strengths}

Loving Professional Sports Learning Strengths

by

Wellington W

Secrets to a good hand off

Handoff skills can secure yardage on the field and increase your overall success. We will explain this in a common scenario between a quarterback and a running back. A good hand off starts with the running back giving a target to the quarterback, this can be done in the running back keeping his arms flat against his body, one arm low and the other high creating an open square or target around the chest for the quarterback to slide the ball in. When the quarterback slides the ball into the arms, or the pocket as it is called, the running back closes his arms around the ball to protect it. As the running back runs off with the football it is important to stay low to increase agility and speed.

Water on and off the field

[youtube]http://www.youtube.com/watch?v=1ypYuZMbYNM[/youtube]

Sufficient water intake on and off the field for athletes should be a concern for both the coaches and the players. Make sure that during the football practice players have their water bottles handy and are drinking often. Times have changed and coaches these days should be aware of hydration needs and not use water as a reward, or withhold it as a punishment. These safe practices will help keep players energized and healthy.

Drive Block

Simple drives are important for linemen to practice and perfect. Hence the name for the most common drive: the drive block. It is a simple yet effective way to move your opponent. The first step of this block is the scrimmage alignment, in order to drive to the right or left this basic block will push your opponent in the way that they are aligned, so if they are aligned to the right the drive will push them to the right. When executing this block start with your play side foot, meaning if the play is on the right side of you it will be your right foot. Bring the other foot up quickly and make a solid contact for your drive.

Forcing the Fumble

The faster your defense is at getting the ball back into the offensives hands the more likely you are to win a game. Win your games by training your defense to use a strong tackle that strips the ball from the opponent. Practice dislodging the football on the field in pairs of players. The point is to have the defensive player throw the fist into the football causing the offensive player to fumble the football. This drill is most effective if you start it slow focusing on the motions needed to be effective, and then speed up over time.

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Loving Professional Sports Learning Strengths}

Wikinews interviews painter Pricasso on his art and freedom of expression

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Wikinews interviews painter Pricasso on his art and freedom of expression
This article mentions the Wikimedia Foundation, one of its projects, or people related to it. Wikinews is a project of the Wikimedia Foundation.

Monday, October 12, 2015

Wikinews interviewed Australian painter Pricasso on his unique artwork created using his penis, and how his art relates to freedom of expression and issues of censorship. He is to be featured at the upcoming adult entertainment event Sexpo Australia in Melbourne this November 5 to November 8.

SLM shareholders led by Martin Garbus sue Spider-Man creator Stan Lee and Marvel for $750m

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SLM shareholders led by Martin Garbus sue Spider-Man creator Stan Lee and Marvel for $750m

Tuesday, January 27, 2009

Martin Garbus, Esq. filed a shareholder derivative suit Monday against Marvel Entertainment and its Chief Executive Officer Isaac Perlmutter, as well as Stan Lee, the creator of Marvel superhero characters, and Lee’s wife and former Marvel Studios head, Avi Arad. The suit is for more than US$750 million (£528M) — about half of the estimated proceeds from Marvel’s movies.

Plaintiff Stan Lee Media (SLM) has four shareholders who live in Florida, California and Canada, and include Jose Abadin and Nelson Thall. The company is suing for recovery of civil damages representing one-half of film and book earnings from such blockbuster films as Spider-Man, Iron Man, X-Men, Hulk, and Fantastic Four franchises.

Defendants are accused of copyright violations over both the Marvel superhero characters and intellectual properties created by Stan Lee. Spider-Man’s three cinematic outings, starring Tobey Maguire, earned more than $1bn (£702m). “Most of Marvel’s financial success, including from the films, comes out of assets created by Stan Lee that are the subject of this suit,” the complaint states.

Lee, 86, has denied the allegations and has previously filed his own $50 million counter lawsuit against SLM, claiming the company has destroyed his name and reputation and prevented his effort to develop such properties as “The Accuser” and “The Drifter” and others via his first-look deals with Disney and Virgin Comics. Lee also co-created Daredevil, Doctor Strange and Thor.

Former dot-com company STM further alleges that it has agreed to pay Lee a $250,000 annual salary plus $100 million in company stock in exchange for the rights to the superhero characters. “That money should have gone to the corporation,” said Garbus. Lee’s counsel, Mark Williams, replied: “We look forward to a positive resolution for Stan Lee and his family.” Marvel has said the court pleadings, which were filed in U.S. District Court in Manhattan, are filled with “ridiculous claims”.

SLM ran out of operating capital during the dot-com meltdown in December 2000, closing operations entirely by December 19 of that year. The company was placed into Chapter 11 Reorganization in Bankruptcy by Stan Lee in 2001. During the insolvency proceedings, Lee assigned the major character franchises he had created to his new public company, POW! Entertainment, without the bankruptcy court’s approval.

Two multi-billion dollar lawsuits for damages were filed against Lee, his new company, his new partner Arthur Lieberman and Marvel Entertainment for cybersquatting and failure to disclose the existence and value of the Rights Assignment Lee made to the company when he founded it.

The company remained under bankruptcy protection until the US Trustee for the Central District of California moved to dismiss the bankruptcy proceedings for failure of the company as debtor in possession to comply with basic requirements of filing monthly reports and paying quarterly fees to the Trustee. SLM was taken back by the shareholders after its dismissal from bankruptcy and hired a legal and accounting forensic consultant to review all transactions that occurred during bankruptcy.

By November 2006, all of the officers and directors of the company had resigned or abandoned their positions and the company’s lawyers for the debtors in possession attempted to obtain court authorization to destroy or dispose of the company’s books and records. This initiated a long-running legal battle between shareholders and the company’s founder, Lee.

The plaintiffs in this most recent suit contend that Lee, Perlmutter, Arthur Lieberman and Avi Arad conspired in bad faith to conceal and misappropriate financial interests in Lee’s creations assigned to Stan Lee Media in 1998. SLM’s meltdown involved its former President Peter F. Paul fleeing to Brazil, contributions made to Bill and Hillary Clinton, Paul’s extradition and more. In 2007, SLM filed a $5 billion lawsuit in which it claimed co-ownership of all of Stan Lee’s creations for Marvel.

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Hundreds of SUNY New Paltz students demonstrate, storm administration building

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Hundreds of SUNY New Paltz students demonstrate, storm administration building

Saturday, October 22, 2005

New Paltz, New York — More than 350 U.S. students took part in a demonstration Friday outside the SUNY New Paltz Student Union Building where student leaders used a bullhorn from the rooftop to rally the gathering on the concourse below. University police dispersed student leaders from the roof which was followed by more than 100 students storming the Haggerty Administration Building (HAB).

During the 2004–2005 academic year, students lobbied for a $10 million renovation project for their Student Union Building, which has not been renovated since its construction more than 30 years ago.

HAB spokesman Eric Gullickson said that the supplemental appropriation for the project is the largest in the history of the college and that the six-member advisory committee includes three students but that; “the Student Association, which was offered the first seat on this committee, declined the opportunity,” Gullickson said.

Student leaders, including Student Body President R.J. Partington III and Student Senate ChairJustin Holmes, who played a role in organizing this demonstration, testified during the Spring 2005 semester before the New York State Assembly Committee on Higher Education, eventually winning the renovation project. Holmes says that Gullickson’s assertions are; “an out-and-out lie. The SA was never offered such a seat. We were offered 1 seat on a seven seat committee, with the administration selecting the other six members.”

The major arguments for a capital project on the Student Union Building were that it:

  • did not accommodate organizations and organization office needs
  • lacked crucial technology for student mobilization
  • was built for a student population less than half the size of 2005, and
  • was one of the longest standing Student Unions in the SUNY system which had not undergone a renovation

During the Fall 2005 semester the HAB claimed that it would oversee the renovation project, citing the need for a larger lobby and bookstore.

The Kingston Daily Freeman reported:

The crystallizing issue for the demonstration was the upcoming $10 million renovation of the Student Union building. The renovation, scheduled to begin in about two years, will be the first major change to the building since it was built 34 years ago, according to college spokesman Eric Gullickson, who said the supplemental appropriation for the project in the state budget is the largest in the college’s history.

Gullickson also said that a six-member committee had been formed to guide the design process, but student leaders, including Partington, were told that the proposed committee would be seven members, including four non-students and two students who were appointed by the HAB.

“No matter the size and makeup of the HAB’s so-called renovation committee, it has nothing to do with the actual renovation process, which will be administered by a student committee, with input from other parties of course considered,” responded Holmes.

During the Fall 2005 semester, Student Body President R.J. Partington III attempted to negotiate with Administrators, including HAB President Steven G. Poskanzer, over the project.

The HAB refused to concede to student demands.

At this point, the Student Senate passed legislation proclaiming that the project would be overseen by a committee where students constitute a majority, and Partington announced that he “did not recognize and would not sit on” any committee that did not meet the needs of students.

Vice President of Acacdemic Affairs & Governance, Stephanie Adika said, “If the HAB won’t even listen to us about our own building, how are they going to listen to us about all the other problems the students have with SUNY New Paltz.”

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Viktor Schreckengost dies at 101

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Viktor Schreckengost dies at 101

Sunday, January 27, 2008

Viktor Schreckengost, the father of industrial design and creator of the Jazz Bowl, an iconic piece of Jazz Age art designed for Eleanor Roosevelt during his association with Cowan Pottery died yesterday. He was 101.

Schreckengost was born on June 26, 1906 in Sebring, Ohio, United States.

Schreckengost’s peers included the far more famous designers Raymond Loewy and Norman Bel Geddes.

In 2000, the Cleveland Museum of Art curated the first ever retrospective of Schreckengost’s work. Stunning in scope, the exhibition included sculpture, pottery, dinnerware, drawings, and paintings.

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IBM Releases 500 patents to open source community

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IBM Releases 500 patents to open source community

Saturday, January 15, 2005

United States –”IBM hereby commits not to assert any of the 500 U.S. patents listed below, as well as all counterparts of these patents issued in other countries, against the development, use or distribution of Open Source Software.” [1]

So begins the pledge IBM has made to “any individual, community, or company” writing or using software defined as “open source” by the Open Source Initiative (OSI).

The patents include software for text recognition and database management.[2]

“True innovation leadership is about more than just the numbers of patents granted. It’s about innovating to benefit customers, partners and society”, said Dr. John E. Kelly, IBM senior vice president, Technology and Intellectual Property. “Our pledge today is the beginning of a new era in how IBM will manage intellectual property.”[3]

“This is not a one-time event”, said Dr. Kelly. “While IBM will continue to demonstrate leadership in patent output, through measures such as today’s pledge, we will increasingly use patents to encourage and protect global innovation and interoperability through open standards and we urge others to do so as well.”

Lawrence Lessig, law professor at Stanford Law School and free software proponent commented: “This is exciting. It is IBM making good on its commitment to encourage a different kind of software development and recognizing the burden that patents can impose.”[4]

Not all are confident of IBM’s motives, though.

Florian Mueller, campaign manager of anti-patent website,NoSoftwarePatents.com, accused IBM of hypocrisy because of lobbying in the European Union to push through theComputer Implemented Inventions Directive.

“IBM is just being hypocritical because they want to appease the open source community and make themselves popular,” said Mueller.

“In Europe, IBM is a driving force behind the extension of the scope of patentability with respect to software. If IBM wants to assume the role of a post-Christmas benefactor, they’d better stop their aggressive patent lobbying in the EU and their shameless squeezing of small and medium-sized companies with its patent portfolio.” [5]

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Category:June 9, 2010

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Category:June 9, 2010
? June 8, 2010
June 10, 2010 ?
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Pages in category “June 9, 2010”

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Recalled pet food found to contain rat poison

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Recalled pet food found to contain rat poison

Friday, March 23, 2007

In a press release earlier today, New York State Agriculture Commissioner Patrick Hooker, along with Dean of Cornell University’s College of Veterinary Medicine Donald F. Smith, confirmed that scientists at the New York State Food Laboratory identified Aminopterin as a toxin present in cat food samples from Menu Foods.

Menu Foods is the manufacturer of several brands of cat and dog food subject to a March 16, 2007 recall.

Aminopterin is a drug used in chemotherapy for its immunosuppressive properties and, in some areas outside the US, as a rat poison. Earlier reports stated that wheat gluten was a factor being investigated, and officials now state that the toxin would have come from Chinese wheat used in the pet food, where it is used for pest control. Investigators will not say that this is the only contaminant found in the recalled food, but knowing the identity of the toxin should assist veterinarians treating affected animals.

The Food Laboratory tested samples of cat food received from a toxicologist at the New York State Animal Health Diagnostic Center at Cornell University. The samples were found to contain the rodenticide at levels of at least 40 parts per million.

Commissioner Hooker stated, ““We are pleased that the expertise of our New York State Food Laboratory was able to contribute to identifying the agent that caused numerous illnesses and deaths in dogs and cats across the nation.”

The press release suggests Aminopterin, a derivative of folic acid, can cause cancer and birth defects in humans and can cause kidney damage in dogs and cats. Aminopterin is not permitted for use in the United States.

The New York State Food Laboratory is part of the Federal Food Emergency Response Network (FERN) and as such, is capable of running a number of unique poison/toxin tests on food, including the test that identified Aminopterin.

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Interview with U.S. Republican Presidential candidate Tom Tancredo

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Interview with U.S. Republican Presidential candidate Tom Tancredo

Tuesday, September 25, 2007

Tom Tancredo has been a member of the United States House of Representatives since 1999, representing the 6th Congressional District of Colorado. He rose to national prominence for his strong stance against illegal immigration and his announcement that he was a Republican candidate in the 2008 Presidential election. David Shankbone recently spoke with the Congressman and posed questions from Wikipedia editors and Wikinews reporters:

DS: Throughout my life my father, a lifelong Republican and an avid listener of Rush Limbaugh, told me that all we needed in this country was a Republican Congress, Republican Senate and a Republican White House to get this country on the right track. Last year he expressed his disappointment to me. So many Republicans, like my father, feel lied to or let down by the party. The rationale for the Iraq War, the sex and bribery scandals, the pork barrel projects, and, as Alan Greenspan recently pointed out, the fiscal irresponsibility. People feel there have been many broken promises. Why should someone vote Republican today?

TT: The best reason I can give: we’re not the Democrats. The best thing we have going for us is the Democrats. Maybe that’s as far as I can go; I hope that there are candidates out there who will reflect and carry out the values that your father believes in when he votes Republican. To the extent you can ferret those people out from the others, that’s who he should vote for. The party was taught a pretty harsh lesson in this last election. I have noticed in the last several months we have done a better job of defending Republican principles as the minority than we ever did in the majority. I feel more in tune with the party now than I have throughout the Bush Presidency. Even before he came in, we were in the majority and we were still spending too much. Hopefully we can say that we were spanked by the American public and that we learned our lessons. There are true believers out there who will stick to their guns, and it’s a matter of principle. What’s the alternative? Hillary Clinton?

DS: You yourself said you would only serve three terms in Congress, but then broke that promise. What caused you to reverse yourself?

TT: What happened was this: having ‘lame duck’ stamped on your forehead in Congress when they know you are not going to be around. Then the committee assignments become less meaningful. That was just one of the factors. Far more significant was my becoming the most visible Congressional member on the immigration issue. When I came into Congress I approached Lamar Smith, who was “The Man” on immigration, and said to him, “I’ve come to help you on this issue.” I felt it was one of the most serious we face as a nation. Lamar said, “It’s all yours! I’ve had it with 10 years of busting my head against the wall!” I started doing special orders—that’s when you speak to an empty chamber and whoever is watching CSPAN–and I did that night after night and wondered if it was worth it; was anyone paying attention? Then I’d go back to my office to pick up my keys and I’d see all the telephone lines illuminated, and the fax machine would be going, and a pile of e-mails would be handed to me the next day. I realized: people pay attention. I started picking it up, speaking around the country, leading the caucus on it. In time it became apparent there was nobody to hand the baton to; there were supporters, but not one single soul was willing to take it on as their issue. It was the first year of my second term that I sent a letter to every supporter I had. I said I had come to this conclusion that at the end of my third term (which is three years away) I don’t know if I will run again or not, but that the decision would not be based upon the term limit pledge, because immigration issue makes me feel I have a responsibility I can not shirk. I said that if anybody who gave me money based upon my term limits pledge wanted it back, I would do so. I received maybe three requests.

DS: There are an estimated 12 million illegal aliens in the U.S. To round up and deport millions of people would be a major government undertaking, requiring massive federal spending and invasive enforcement. What level of funding would be necessary for U.S. Immigration and Customs to achieve the level of enforcement that you’d like to see?

TT: Only a relatively slight increase because the only thing you have to do, other than building a barrier on the southern border, is go after employers. We need to go aggressively after the employers, and try to identify some of the more high profile employers who are hiring illegal aliens. Go after them with fines, and if they are not only hiring them but also conspiring to bring them in, then they could go to jail. A perp walk would have a chilling effect. If you break that magnet, most illegal aliens would go home voluntarily. An article in the Rocky Mountain News stated there has been an employer crackdown in Colorado, and that they are going home or moving on to other states. If we did it nationally, they will return home, because the jobs are no longer available. It doesn’t have to happen over time or instantaneously. The costs to the American public for 12 million illegals are enormous and far more than are paid for by the illegal immigrants themselves in taxes.

DS: How long would full enforcement take for you to succeed?

TT: It would be a couple of years before employers were weaned off illegal immigrants and then a couple more years before you saw a really significant reduction.

DS: Can you explain your remarks about bombing the Islamic holy sites of Mecca and Medina as a deterrent to terrorists operating against the United States.

TT: The question I was answering was “What would you do if Islamic terrorists set off on or more nuclear devices in the United States?” My response was that we would need to come up with a deterrent, and that deterrent may very well be a threat to take out their holy sites if they did something like that in the United States. I still believe it is something we must consider as a possible deterrent because at the present time there are no negative consequences that would accrue to the people who commit a crime such as a nuclear, chemical or biological attack. There are no negative consequences; they may die in the attack but that is not a negative consequence for them. Usually they aren’t going to be state actors.

DS: But wouldn’t an attack on Mecca and Medina be an attack on a sovereign state?

TT: You are not attacking the state, but the religious ideology itself. Holy sites are not just in Saudi Arabia; there’s a number of them. In fact, Iran has one of the holiest cities in Islam. And I never used the word nuclear device; I was talking about taking out a physical structure. The reason I suggested it as a possible deterrent is because it is the only thing that matches the threat itself. The threat is from a religious ideology. Not just from Islam, but from a nation whose requirements include jihad against infidels, and we are a threat to their culture, which is why they believe we need to be destroyed. We must understand what motivates our opponents in order to develop a successful response. I’ve received death threats, enormous criticism, and I’ve been hung in effigy in Pakistan, but nobody has given me an alternative strategy that would be a deterrent to such an event. I guarantee when you read the national intelligence estimates, you would be hard pressed to not walk away from doing something.

DS: Aside from becoming President, if you could be granted three wishes, what would they be?

TT: It was the other night that I saw for the third or fourth time Saving Private Ryan and in the last scene Private Ryan asks, “Have I been a good man, have I earned it?” My greatest wish is to be a good father and to have earned everything I have been given in this life. And to be a better Christian.

DS: Farmers rely heavily on seasonal manual labor. Strict enforcement of immigration laws will inevitably reduce the pool of migrant labor and thus increase costs. Do you support tariffs or other government intervention to keep American farm products competitive?

TT: No, I don’t , because I challenge the premise of the question. The ability for farmers to obtain workers in the United States is only minimally hampered by the immigration process because there is, in fact, H-2A, the visa that is designed specifically for agricultural workers. We can bring in 10,000,000 if we want to. There are no caps. There are restrictions in terms of pay and healthcare benefits, and that’s what makes hiring illegal aliens more attractive. The costs would increase for certain agricultural interest, but it would be regional. You would also see a very aggressive movement toward the mechanization of farm work. We are seeing it today in a lot of areas. We saw it in the tomato industry with the Bracero Program. That was a program many growers relied heavily upon: workers, primarily from Mexico would come up seasonally, work, and then went back home. It was successful. But liberals ended the program as a bad idea because the immigrants couldn’t bring their families. When that happened, tomato growers said they’d go out of business. Lo and behold they developed machinery that can harvest citrus fruit, and now they are genetically engineering trees that have a thicker bark but are more flexible so they can be shaken by these machines. You’ll see it more and more.

DS: Do you agree that our forefathers intended birthright citizenship?

TT: No, the Fourteenth Amendment, upon which the concept of birthright citizenship is based, was a response to the Dred Scott decision.
During the original Senate debate there was an understanding that it wouldn’t be provided to people simply because they were born here, but instead to people under our jurisdiction. For instance, nobody assumes a child born to an embassy employee or an ambassador is a citizen of this country. There was an understanding and a reference to “under the jurisdiction” of the United States.

DS: You and Karl Rove engaged, in your words, in a screaming match over immigration, and Rove said that you would never again “darken the doorstep of the White House.” Are you still considered persona non grata at the White House?

TT: Yeah, even though he is gone, the President’s feelings about my criticism of him have not changed. It wasn’t my stand on immigration, it was my criticisms of the President that have made me persona non grata.

DS: Psychologist Robert Hare has discussed in his work the use of doublespeak as a hallmark of psychopaths, and social scientists have pointed out that the use of doublespeak is most prevalent in the fields of law and politics. Do these two trends alarm you?

TT [Laughs] Yes and no. Unfortunately doublespeak is all too characteristic of people in my profession.

DS: What is the proper role of Congress in the time of war?

TT: To first declare it, and then to fund it or not.

DS: Politics is dominated by lawyers. What other group of people or professions would you prefer to see dominate the field of politics and why?

TT: I can’t think of a particular profession from which I would be more comfortable drawing politicians from.

DS: Do you think lawyers are better for handling legislation and as politicians?

TT: No, they don’t offer anything particularly advantageous to the process. I don’t think it should be dominated by one profession. I’ll tell you what this profession is, and it doesn’t matter what field you come out of. There’s something I noticed here. I tell every single freshman I come across that there are very few words of wisdom, having only been here for ten years, that I can pass along to you but there is one thing I can tell you: this place is Chinese water torture on your principles. Every single day there is another drip, and it comes from a call from a colleague asking you to sign on to a bill you wouldn’t have signed on to; but it’s a friend, and it’s not that big a deal. Or a constituent who comes in and asks you to do something and you think it wouldn’t be such a big deal; or a special interest group that asks you to vote for something you wouldn’t vote for. After time it erodes the toughest of shells if one isn’t careful doesn’t think about it. Even if you recognize that these small steps lead to a feeling that remaining here is the ultimate goal; that the acquisition of power or the maintenance of power is the ultimate goal, that really does… it doesn’t matter if you are a lawyer or not, it does seem to have an impact on people. It’s a malady that is very common in Washington, and you have to think about it, you really do, or you will succumb to it. I don’t mean to suggest I’ve been impervious to these pressures, but I’ve tried my best to avoid it. One reason I am persona non grata at the White House is not just because of immigration, but because I refuse to support him on his trade policy, his education policy, Medicare and prescription drugs initiatives. I remember leaving that debate at 6:30 on a Saturday morning , after having the President call every freshman off the floor of the House to badger them into submission until there were enough votes to pass it. I remember a woman, a freshman colleague, walking away in tears saying she had never been through anything like that in her life. Here was a Republican Congress increasing government to an extent larger than it had been increased since Medicare had come into existence. Your dad should have been absolutely mortified, because it was against all of our principles. And I know the leadership was torn, but we had the President pressing us: we had to do it, we had to stay in power, the President is asking us to do it. Principles be damned. There were people who caved in that night who I never in a million years thought would.
And the threats! “You like being Committee Chairman?” Yes I do. “Do you want to be Chairman tomorrow?” And that’s how it happens. I was called into Tom Delay’s office because I was supporting Republican challengers to Republican incumbents. I had a group called Team America that went out and did that. He called me and said to me, “You’re jeopardizing your career in this place by doing these things.” And I said, “Tom, out of all the things you can threaten with me that is the least effective because I do not look at this place as a career.”

DS: You have supported proposed constitutional amendments that would ban abortion and same-sex marriage. You are also a strong supporter of the Second Amendment. Why do you believe that the U.S. Constitution should regulate medical procedures and personal relationships, but not gun ownership?

TT: The issue of medical procedures and relationships: I don’t really believe the federal government or any level of government has any business in determining about who I care about, or who anybody cares about, but I do believe they have a legitimate role, and the federal government has a responsibility, because of reciprocity. We are only one federal judge decision away from having gay marriage imposed on all states. That’s why there is a need for a Constitutional Amendment. I really believe a family–male, female, rearing children–I believe that is an important structure for the state itself, the way we procreate, which hopefully provides a stable environment for children. That is important to the state, and that’s why I think it’s legitimate. The reciprocity clause forces us into thinking about a Constitutional Amendment. I believe Roe v. Wade should be overturned because I think it’s lousy law, and many liberal jurists think it’s lousy because it read into the Constitution a right to privacy. I don’t’ see a connection between these things and the 2nd Amendment. Same-sex marriage and abortion, perhaps, but I don’t see a connection to the Second Amendment question. I support the 2nd Amendment because it is one of the most important we have. It’s a right we have to protect a lot of our other rights. And in our urban centers…and I don’t’ believe as some Second Amendment radicals believe that every single person has that right. I don’t think so! If you have committed a felony, or if you are a danger to yourself or someone else, then you shouldn’t be able to obtain a firearm, but law-abiding citizens should because it gives them a sense of security and protection against people who would do you harm. I don’t believe urban communities are more dangerous because people are allowed to own guns, but because dangerous people have guns. I would feel more comfortable if in the District of Columbia I could carry a concealed gun. I have a permit.

DS: You recently spoke out against the Black and Hispanic Congressional caucuses, stating, “It is utterly hypocritical for Congress to extol the virtues of a color-blind society while officially sanctioning caucuses that are based solely on race. If we are serious about achieving the goal of a colorblind society, Congress should lead by example and end these divisive, race-based caucuses.” Do you also believe there is no longer a need for the NAACP?

TT: No, I think it’s fine, because it’s a private organization, and people can belong to whatever private organization they want, and the need will be determined to a great extent by reality. If in fact people feel committed to an organization that they believe represents their interest, and it’s a voluntary association, that’s fine. All I’m saying is that for Congress to support these things, that run on money that is appropriated–though they fund them in a convoluted way, but it gets there– my point was about leading by example. If people said we don’t think it’s a good idea, maybe that would have an impact on how people feel about things like the NAACP. I would hope there would be, and I would assume Martin Luther King hoped–that’s his quite about a colorblind society–that there will come a time we don’t need them. That it’s an anachronistic organization. I also don’t believe in the creation of districts on race.

DS: You were one of a handful of Republicans who voted for a bill proposed by Maurice Hinchey and Dana Rohrabacher to stop the Department of Justice from raiding medical marijuana patients and caregivers in states where medical marijuana is legal, citing states’ rights concerns. On the other hand, you have suggested state legislators and mayors should be imprisoned for passing laws contrary to federal immigration law, and you support the Federal Marriage Amendment to ban gay marriage nationally. How do you reconcile these seemingly contradictory positions?

TT: We are talking about issues that are legitimately based upon the Constitutional roles of the state and federal government. I believe there is no Constitutional provision that suggests the federal government has a role to play in preventing states, or punishing states, over laws with regards to medical marijuana. I believe absolutely there is a role for the federal government for punishing states or laws when they contravene federal jurisdiction. For instance, protecting states against invasion. Immigration is federal policy, and there’s a law actually called “Encouragement”: you can’t encourage people to come in illegally or stay here illegally. I believe that is constitutionally a federal area.

DS: If you had to support one of the Democratic candidates, which one would it be and why?

TT: Although I couldn’t vote for him, if I had to support one for a nominee it would be Obama, and I would do so because first, I believe we could beat him [laughs], but secondly, and less cynically, I think it would be very good to have a black man, a good family man, and a very articulate man, to have him as a role model for a lot of black children in this country.

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