Links and Minifeatures 2008 03 10 Monday

Carnival of Real Estate

The New York Times is reporting that John McCain lost his temper when a reporter asked him a question about his conversation with John Kerry exploring a 2004 VP slot. Judge for yourself.

This and the accusation of marital infidelity - despite a four month investigation they did that revealed no evidence of this. The Times may have endorsed John McCain for the Republican nomination - but given the evidence of the Times' other behavior towards him, that's should probably be taken in the same kind of context as saying, "If the Nazis had taken over the world, we would want Hermann Goering in charge." In other words, in their viewpoint, still a murdering war criminal - just not as bad as the other murdering war criminals.

In point of fact, John McCain isn't a war criminal at all - results of North Vietnamese torture notwithstanding. He wasn't my first choice, but he's worlds better than any other alternative still standing. In fact, the reason for the Times' endorsement of him as Republican nominee can basically be reduced to "He's demonstrated himself capable of working with Democrats better than any other Republican." But as far as the Times thinks, the worst Democrat is better than the best Republican, and they've demonstrated they're willing to first smear, and now, in my opinion, flat out lie to further that belief. They have forfeited any claim to impartiality (again). You might consider this in the context of their treatment of our current Republican president as well.

Instapundit: THEY TOLD ME THAT IF GEORGE W. BUSH WERE RE-ELECTED, lawyers who challenged the powers-that-be would be subjected to secret disbarment proceedings.

And they were right!

Multiculturalism cannot survive

Anti-war judge rejects foster teen's bid to join military

Seems to me the people of the state of California need to impeach this judge for denying the development of her charge due to her personal prejudices.

Much more at Argghhh!

Still, in the end, the judge gave the wrong reason to keep the boy out of the Marines. She didn't say that Marine DEP was dangerous to his health right now. She says that she is against the Iraq war (how does she know he'll even go there? Marines are getting ready to deploy to Afghanistan, go to Ethiopia, Djibouti, El Salvador and many other places on humanitarian and relationship building programs).

The Marines, contrary to many idiotic anti-military people like this judge, do much more than go places and break things, though that is often their favorite. They teach more skills than killing people. They teach discipline. They teach thinking. They teach exactly what the judge thought they didn't care about: camaraderie, team work and taking care of the members of your unit.

In short, they teach brotherhood.

Has the California foster child system ever been able to teach that

How is this judge going to keep him out of the military when he turns 18 in a few months? And if the $10,000 bonus he would have gotten isn't available? I'd think that should be actionable, as failure to discharge her duty as a trustee, which is the only duty higher than fiduciary.

Here's the legal definition:

TRUSTEE - Person or institution that oversees and manages a trust.

A trustee is one to whom an estate has been conveyed in trust.

The trust estate is not subject to the specialty or judgment debts of the trustee, to the dower of his wife, or the curtesy of the hushand of a female trustee.

With respect to the duties of trustees, it is held, in conformity to the old law of uses, that pernancy of the profits, execution of estates, and defence of the land, are the three great properties of a trust, so that the courts of chancery will compel trustees, 1. To permit the cestui que trust to receive the rents and profits of the land. 2. To execute such conveyances, in accordance with the provisions of the trust, as the cestui que trust shall direct. 3. To defend the title of the land in any court of law or equity.

It has been judiciously remarked that in a great variety of cases, it is not easy to say what the duty of a trustee is; and that therefore, it often becomes indispensable for him, before he acts, to seek, the aid and direction of a court of equity.

Methinks a certain judge failed in that regard to so much as consider her legal duties as opposed to her personal prejudices.

Also:

TRUSTEE, estates. A trustee is one to whom an estate has been conveyed in trust. 2. The trust estate is not subject to the specialty or judgment debts of the trustee, to the dower of his wife, or the curtesy of the husband of a female trustee. 3. With respect to the duties of trustees, it is held, in conformity to the old law of uses, that pernancy of the profits, execution of estates, and defence of the land, are the three great properties of a trust, so that the courts of chancery will compel trustees, 1. To permit the cestui que trust to receive the rents and profits of the land. 2. To execute such conveyances, in accordance with the provisions of the trust, as the cestui que trust shall direct. 3. To defend the title of the land in any court of law or equity. Cruise, Dig. tit. 12, c. 4, s. 4. 4. It has been judiciously remarked by Mr. Justice Story, 2 Eq. Jur. Sec. 1267, that in a great variety of cases, it is not easy to say what the duty of a trustee is; and that therefore, it often becomes indispensable for him, before he acts, to seek, the aid and direction of a court of equity. Fonb. Eq. book 2, c. 7, Sec. 2, and note c. Vide Vin. Ab. tit. Trusts, O, P, Q, R, S, T; Bouv. Inst. Index, h.t.

How has this judge acted to the benefit of her charge? I think she has demonstrably acted in precisely the opposite fashion. If some attorney wants to help this young man sue the state of California for breach of duty when he turns 18, I think that would be justice.

Personally, I think this whole case would be worth the assignment of a military lawyer, or even hiring a paid civilian gunslinger - an excellent use of discretionary dollars for the Pentagon. It would not only demonstrate that the military is willing to look after the interests of this young man when the State of California failed, but it would prevent other judges from making the same mistake.

Never mind, the money, the marketable skills they may learn, or even just the fact that they have a secure job they can count on as long as they don't screw it up. One thing I see looking in at the military from the outside is a very real sense of family. That's something those in foster care don't get from the state, and yet it is something that is a real benefit to most individuals. And it isn't given freely - it's earned. The few orphans I've known in my life would do quite a lot to get it.

In short, I can't think of a single level this judge didn't make a mistake on - except that she was true to her personal prejudices.

If that's not grounds for removal, we've got a problem.

Department of Poetic Justice: NY Governor Linked to Prostitution Ring

This clown made his political reputation through overzealous prosecution of securities activity. Some of what he did was needed, beneficial, and locked up bad guys. Too many, however, were harassing people on a technicality that made no difference, or even may have actually helped shareholders.

his stint as governor has been marred by several problems, including an unpopular plan to grant driver's licenses to illegal immigrants and a plot by his aides to smear Spitzer's main Republican nemesis.

The Greeks called this hubris.

Michelle Malkin has more.

Glenn Reynolds writes against journalistic shield laws. He makes the point that now pretty much anyone can be acting as a journalist, and also that it creates a privileged class.