+menu-


  • Category Archives “Reasonable Man” understanding
  • Due Process for Distracted Drivers Law?

    Gov. Jay Inslee (D) DUE PROCESS BY PUBLIC NOTICE?

     WA State Distracted Drivers Law ADOPTED 04/19/2017 

     VETOED by Gov. Jay Inslee (D)  MAY 16, 2017

    Gov. Jay Inslee (D) accelerated the law’s effective date to July 23, 2017

    Vagueness is generally considered to be a DUE PROCESS issue, because a law that is too vague to understand does not provide adequate notice to people that a certain behavior is required or is unacceptable.

    The “void for vagueness” doctrine argues that a law cannot be enforced if it is so vague or confusing that the average person could not figure out what is being prohibited or what the penalties are for breaking that law.

    ————————————————————————

    It doesn’t take too much effort to imagine a distracted driver suing the state over a disputed ticket for failure of DUE PROCESS ON PUBLIC NOTICE et al.

    —————————————————————-

    A law can be unconstitutionally vague in one of two main ways.

    First, the law may be void for vagueness if it does not adequately explain or state what behavior the law is meant to affect.  If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that the law violates due process. 

    Second, a law may be void for vagueness if it does not adequately explain the procedures that law enforcement officers or courts must follow when enforcing the law or handling cases that deal with certain legal issues. 

    Specifically, a law may be found to be unconstitutionally vague if it gives a judge no idea how to approach or handle a case based on that law.

    —————————————————–

    ADOPTED 04/19/2017  WA State Distracted Drivers Law

    MAY 16, 2017 Gov. Jay Inslee (D)  vetoed a compromise by the Legislature that would have postponed enforcement of the Driving Under the Influence of Electronics (DUIE) Act until 2019.

    Gov. Jay Inslee (D)  surprised even the supporters of a distracted-driving law Tuesday when he accelerated the new crackdown, IN A LETTER TO THE SENATE DATED MAY 16, 2017.

    Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    The final version passed Wednesday pushed the proposed start date from Jan. 1, 2018, to Jan. 1, 2019, because several members wanted extra time for the public to adjust, according to prime sponsor Rep. Jessyn Farrell, D-Seattle.

    Farrell justified the wait on Wednesday, saying colleagues in both parties sought more TIME FOR A SUSTAINED EDUCATION campaign, for the public to adapt, and for motorists to obtain built-in communication systems. The State Patrol is currently understaffed but is striving to boost recruitment, with help from proposed raises this legislative session.

    Understaffed was confirmed yesterday by Kyle at  WSP media center, yesterday.

    ——————————————–

    Gov. Jay Inslee (D)  His abysmal record on TIME FOR A SUSTAINED EDUCATION speaks for it’s self

    ———————————————————————

    Gov. Jay Inslee (D) IS PERSONALLY RESPONSIBLE FOR SIGNING THE VETO. period

    It doesn’t take too much effort to imagine a distracted driver suing WA State over a disputed ticket  for failure of DUE PROCESS ON PUBLIC NOTICE et al. 

     But why would Gov. Jay Inslee (D) worry about a WA State lawsuit?

    After all  Gov. Jay Inslee (D) has  his nationally spotlighted Washington State Attorney General Bob Ferguson (D) to defend his VETO.

    After all , A law can be unconstitutionally vague in one of two main ways.

    And after all, Vagueness is generally considered to be a DUE PROCESS issue.

    AND, PUBLIC NOTICE IS A DUE PROCESS ISSUE


  • WA State Distracted Drivers Law

    Effective July 23, 2017 Washington State has enacted one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    The bottom line….

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …

    —————————————————————————-

    Inslee’s WA State Distracted Drivers Law may have ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

    ————————————————-

    IGNORANCE OF THE LAW IS NO EXCUSE

    ———————————————————

     A LAW BASED ON STATISTICS?

    October 19, 2016 Olympia-  The phenomenon of driving while distracted is growing.  According to the Washington Traffic Safety Commission, fatalities caused by distracted driving increased by 30.8% in 2015.

    STATISTICS are like bikinis. What they reveal is suggestive, but what they conceal is vital.’

    STATISTICS – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    Then again, by now we know WASHINGTON GOVERNOR JAY INSLEE doesn’t have the highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday.

    Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that A DISTRACTED DRIVER IS JUST AS BAD AS A DRUNK ONE—and that the issue is too urgent to wait.

    STATISTICS  ON DRUNK AND DRUGGED DRIVERS

    DRUNK DRIVING  ACCOUNTS FOR 32 PERCENT  OF ALL TRAFFIC-RELATED DEATHS add, 10 % OF MARIJUANA RELATED FATAL CAR ACCIDENTS

    July 21, 2017  Washington State Patrol WSP has more life saving priorities.

    Jun 3, 2016, After alcohol, marijuana is the drug most often found in the blood of drivers involved in crashes. … Along with marijuana, PRESCRIPTION DRUGS ARE ALSO COMMONLY LINKED TO DRUGGED DRIVING CRASHES.

    ————————————————————————————-

    AND,  JUN 23, 2017 – DRUG DEATHS… FATAL OVERDOSES SURPASSED SHOOTING DEATHS AND FATAL TRAFFIC ACCIDENTS

    JULY 21, 2017  WASHINGTON STATE PATROL WSP HAS MORE LIFE SAVING OPPORTUNITIES

    Investigative Assistance Division – Washington State Patrol

    www.wsp.wa.gov/crime/iad.htm

    … Section participate in 14 local and 4 Drug Enforcement Administration (DEA) task forces. …

    ———————————————————————————

    Washington State DUI Statistics [infographic]. DRUNK DRIVING ACCOUNTED FOR 32 PERCENT OF ALL TRAFFIC-RELATED DEATHS IN THE UNITED STATES in 2009

    Marijuana-related fatal car accidents surge in Washington state after …

    www.washingtontimes.com/…/2016/…/marijuana-related-fatal-car-accidents-surge-wa…

    ROUGHLY 10 PERCENT OF WASHINGTON STATE DRIVERS INVOLVED IN FATAL CAR CRASHES between … MARIJUANA-RELATED FATAL CAR ACCIDENTS SURGE IN WASHINGTON STATE AFTER LEGALIZATION … By Andrea Noble – The Washington Times – Tuesday, May 10, 2016.

    ——————————————————————————–

     BIKINI  STATISTICS ON GOV JAY INSLEE’S  WA STATE DISTRACTED DRIVERS LAW

    STATISTICS ? What they reveal is suggestive, but what they conceal is vital.’

    “Facts are stubborn, but statistics are more pliable.”

    Statistics – and research in general – is carried out by *people*. PEOPLE HAVE MOTIVATIONS.

    WASHINGTON GOVERNOR JAY INSLEE (D) HAD HIS MOTIVATIONS.

    AND, HE HAD HIS STATISTICS…..

     15% INCLUDED PASSENGER DISTRACTION

     12% INCLUDED CELL PHONE DISTRACTION

    ————————————————————————–

    THE STARTLING STATISTICS ON DISTRACTED YOUNG DRIVERS?

    58% OF TEEN DRIVERS INVOLVED IN MODERATE TO SEVERE CRASHES WERE DISTRACTED

    24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, 

     According to the Department of Licensing, 24% OF YOUNG DRIVERS INVOLVED IN WASHINGTON FATAL CRASHES WERE DISTRACTED IN 2015, up from 18% in 2008. Videos taken inside teenage driver’s car seconds before a crash reveal some startling statistics. Out of 1,700 videos taken:

    ——————————————————————————————

    Washington State Targets All Forms of Distracted Driving With New ‘E …

    www.thedrive.com/news/…/washington-state-targets-all-forms-of-distracted-driving-w…

    3 days ago – Washington State Targets All Forms of Distracted Driving With NewWashington’s new EDUI law will undoubtedly be a sticking point for …

    July 18, 2017 The Drive · Kyle Cheromcha View Kyle Cheromcha’s Articles

    instagram.com/kylecheromcha

    Fresh off its efforts to end the scourge of left-lane slowpokes, Washington State is preparing to enact one of the nation’s toughest distracted driving laws after legislators passed a bill outlawing nearly every conceivable form of attention-diverting behavior behind the wheel.

    Starting Sunday, drivers will no longer be allowed to use handheld devices at all, even while stopped in traffic or doing something as simple as scrolling through a playlist. Say goodbye to your red light selfies and social media spot-checks; officers who spot a driver with a phone in hand at any time for any reason can issue a ticket starting at $136, and repeat offenders will see that fine rise to $234 per violation.

    Additionally, a whole slew of other common sights—smoking, eating, drinking, reading, and “grooming”—are now secondary offenses, meaning drivers can be handed a $99 ticket for any of these actions if they’re pulled over for something else. So that guy you see on your morning commute making the illegal merge while shaving and eating his McMuffin is in for a rude awakening.

    Washington’s new E-DUI law will undoubtedly be a sticking point for some people. We can all agree that texting (and reading, and grooming, and sometimes eating) is indeed distracting when controlling a multi-ton vehicle, and therefore probably shouldn’t be allowed. But can the same be said for drinking a bottle of water? Or smoking a cigarette? It can be argued that anything other driving is a distraction behind the wheel, but it doesn’t take too much effort to imagine a driver suing the state over a disputed ticket and the law’s true intent.

    Then again, by now we know Washington governor Jay Inslee doesn’t have the  highest regard for human drivers in all our glorious fallibility. And he kept beating that drum at a distracted driving awareness event in the state capital on Monday. Governor Inslee also vetoed a provision of the original bill that would have delayed its implementation until 2019, reminding the crowd in Olympia that a distracted driver is just as bad as a drunk one—and that the issue is too urgent to wait.

    ——————————————————————-

    Does (D)  Inslee’s WA State Distracted Drivers Law have this ambiguous inclusion?

    “INCLUDING BUT NOT LIMITED TO”  This phrase is used to indicate that a list is not necessarily exhaustive.

    In other words, when you don’t want someone to get the impression that whatever you’re saying applies only the items on the list.

    It means that those things are included, but other things you haven’t mentioned could be included as well, as ALL OF THE ABOVE

    OR, ARE THE DRIVING DISTRACTION TICKETS AND FINES et al, TO BE LEFT TO THE DISCRETION OF THE WSP OFFICER THAT PULLS OVER,  OR NOTICES A RUNNING VEHICLE, WITH A  DRIVER IN THE VEHICLE, WHERE EVER THE VEHICLE IS PARKED, WITH A DRIVER DOING WHATEVER HE’S DOING, WITH WHATEVER HE’S DOING IT WITH IN HIS VEHICLE?

    ———————————————————-

    The bottom line

    After reading nearly everything about this new law on line for six hours, I’m so confused

    What does it mean when a law is “void for vagueness” or “overbroad …

    www.rotlaw.com › Legal Library › Procedure

    How does “choice of law” affect judgments? … If the average citizen cannot figure out from reading the law what he should or should not do, a court may find that …


  • Do WA State Legislators Have a Problem?

    The experts say, those who have a PROBLEM and those who are JUST DISTRACTED  requires real expertise.

    Does Governor Jay Inslee (D) have a problem?

    Do WA State Legislators Have a Problem?

    This problem,  requires real expertise? 

    So, I’m  asking informed voters to decide,

    If  Governor Jay Inslee (D) and the WA State Legislators have a problem?

    THESE ARE  “SYMPTOMS OF A PROBLEM vs. JUST DISTRACTED

    ——————————————————-

    1.LACK OF FOCUS

    Possibly the most telltale sign , “LACK OF FOCUS” goes beyond trouble paying attention. It means being easily distracted, finding it hard to listen to others in a conversation, overlooking details, and NOT COMPLETING TASKS OR PROJECTS.

    ———————————————————

    GET THE FACTS

    ON JUNE 28, 2011 MCCLEARY V. WASHINGTON WAS HEARD IN FRONT OF THE WASHINGTON SUPREME COURT. …

    May 10, 2015 – Washington Supreme Court Holds Legislature in Contempt for Failing …

    Summary of McCleary v. Washington

    www.k12.wa.us/Communications/…/SummaryMcLearyDecision2013.pdf

    Summary of McCleary v. Washington. The Supreme Court in its own words. Washington state Constitution, Article IX: SECTION 1 PREAMBLE.  It is the paramount duty of the state to make ample provision for the education of all children residing within its borders.

    ————————————————————————————–

    What’s the problem?  I’m just asking you decide

    GET THE FACTS

    June 2017 In what has become THE NEW NORMAL, Washington state lawmakers are expected to go into a third special sessions … In 2013, it took 156 days and three special sessions. …

    2nd Special Session ends, 3rd starts with Inslee vowing to veto “stop …

    www.spokesman.com/…/2nd-special-session-day-30-could-also-be-3rd-special-sessio…

    Jun 21, 2017 – Second special session ended and a third one started Wednesday as … time in state history a Legislature failed to pass a two-year budget before … state’s public school system mandated by the Washington Supreme Court.

    2. HYPERFOCUS

    While people with this problem are often easily distractible, they may also have something called hyperfocus. A person can get so engrossed in something that they can become unaware of anything else around them. This kind of focus makes it easier to LOSE TRACK OF TIME and ignore those around you.

    ————————————————————————————–

    I’m just asking you decide

    So Distracted, so unaware of  anything else around them, more than 1 million kids in our public school system, that they failed to provide funding basic education for seven years?

    So, Distracted, so unaware, losing track of time on  the $100,000.00 dollar a day fine,

    Until the fines reached $96,000.000.00 million dollars?  for failing to fund BASIC public education since JUNE 28, 2011?

    ———————————————————————

    GET THE FACTS

    I’m just asking you decide

    Hyper-focused and so engrossed in something?

    IN  2015,  WA STATE  LEGISLATORS INTRODUCED 2,200 LAWMAKING MEASURES

    Behind My Back | Living in Law-Law Land?

    www.behindmyback.org/2015/02/16/3245/

    Feb 16, 2015 – LIVING IN WA STATE LAW-LAW, LALA LAND? Definition of LA-LA … www.behindmyback.org/2013/10/16/by-hook-or-by-crook/. Oct 16, 2013 …

    Unaware of anything else around them and ignore those around you?

    ———————————————-

    3. DISORGANIZATION

    Life can seem chaotic for everyone at times, but someone with ADHD typically has a more hectic life experience on a regular basis. This can make it difficult to keep everything in its right place. an adult with this problem, may struggle with these ORGANIZATIONAL SKILLS. this can include problems keeping track of tasks and TROUBLE PRIORITIZING THEM IN A LOGICAL MANNER.

    —————————————————————–

    4.TIME MANAGEMENT PROBLEMS

    This issue goes hand-in-hand with DISORGANIZATION. Adults with with this problem often have trouble using their time effectively. THEY MAY PROCRASTINATE ON IMPORTANT TASKS, show up late for important events, or ignore assignments they consider boring. They may have trouble focusing on the future or the past — the “now” is often more top-of-mind for them.

    ——————————————————-

    5. FORGETFULNESS

    It’s human to forget things occasionally, but for someone with this problem,forgetfulness is a part of everyday life. This can include routinely forgetting where you’ve put something or what important dates you need to keep.

    Sometimes forgetfulness can be annoying but unimportant; other times,

    FORGETFULNESS IN ADULTS CAN BE SERIOUS.

    THE BOTTOM LINE IS THAT FORGETFULNESS CAN BE DAMAGING TO CAREERS BECAUSE IT CAN BE CONFUSED WITH CARELESSNESS OR LACK OF INTELLIGENCE.

    ————————————————————————————

    GET THE FACTS?

    May 10, 2015 – Washington Supreme Court Holds Legislature in Contempt?

    Washington State Supreme Court called it   a Legislature problem contempt, unconstitutional  unstable and unfair:

    Relying on local levies or federal funding is unconstitutional because it is unstable and

    unfair: The fact that local levy funds have been at least in part supporting the basic

    education program is inescapable…..Reliance on levy funding to finance

    basic education was unconstitutional 30 years ago….and it is unconstitutional now (p.68)

    ———————————————————————————

    Use Poetic license, the freedom to depart from the facts of a matter writing in order to create an effect.

    THIS PROBLEM IS VERY COMMON MORE THAN 3 MILLION CASES IN THE US PER YEAR

    However, this is written  about this problem on line.

    ————————————————————

    What’s next?

    EFFECTIVE July 23, 2017 WA STATE NEW DISTRACTED DRIVING LAW

    HEFTY FINE of $99.00  for DISTRACTIONS that interfere with safe driving such as grooming, smoking, eating or reading is prohibited and can result in a if you are pulled over for another traffic offense

    HEFTY FINES? Using a handheld device while driving is considered a primary

    DISTRACTION offense under the new law. The first ticket for a DISTRACTED driving offense will cost at least $136.00 dollars.  A second ticket within five years WILL COST AT LEAST $234.00.

    Distracted driving violations can now be reported to insurance companies to use for rating and underwriting purposes. (and threats)

    ——————————————–

    YOU READ  THE SYMPTOMS OF THE PROBLEM.

    HEFTY! HEFTY! HEFTY!  FINE  $100,000.00 DOLLARS A DAY

    HEFTY! HEFTY! HEFTY!  FINE  $96,000,000.00 MILLION ACCUMULATED.

    Do WA State Legislators have a problem?

    Does WA State Governor Jay Inslee (D) have a problem?

    OR? ARE THEY JUST DISTRACTED?

    I’m just asking you decide

    ——————————————————–

    ATTENTION DEFICIT OF DISTRACTED DRIVERS (ADDD)?

    New WA distracted driving law starts July 23 – what drivers need …

    www.nbcrightnow.com/…/new-wa-distracted-driving-law-starts-july-23-what-drivers-need to know…

    Hyperfocused? Gov. Jay Inslee (D) vetoed the section that gave drivers until 2019 to acclimate to the changes and instead declared Sunday, July 23, 2017 as the law’s effective date.

    That’s when distracted driving behaviors ranging from eating while driving to answering a text at a stoplight could land drivers a hefty fine.

    Hyperfocused? Gov. Jay Inslee (D)  accelerated the – New WA distracted driving laws  start date to July 23, 2017

    ———————————————————————–

    THE EXPERTS SAY, TREATMENT CAN HELP, BUT THIS CONDITION CAN’T BE CURED

     I’m just asking you decide

    Which term is used to describe a new and secondary or additional problem that arises after the original PROBLEM  has been established?

    COMPLICATIONS…..

    JULY 19, 2017 these distracted legislators problems, violations and hefty fines can now be reported to  VOTERS to use for rating and underwriting purposes.

    This problem can be cured by informed voters, at every level of government.

    Donald J. Trump is President of the United States of America

    ————————————————

    The bottom line……

    To elected members at all levels of  the American government,

    LACK OF FOCUS, HYPER-FOCUS, DISORGANIZATION, TIME MANAGEMENT PROBLEMS AND FORGETFULNESS

    CAN BE DAMAGING TO CAREERS BECAUSE IT CAN BE CONFUSED WITH CARELESSNESS OR LACK OF INTELLIGENCE.


  • WA Gov. Inslee (D) “The Taxman Cometh”

    HIGHLIGHTS OF THE 2017-2019 WA STATE BUDGET

    On page on page 15 OF 43

    OVER THE PAST 30 YEARS, STATE REVENUE COLLECTIONS AS A

    SHARE OF THE ECONOMY HAVE FALLEN BY NEARLY 30%

     —————————————————————

    INDEED, THE DEMOCRATIC TAXMEN SHALL COMETH TO APPROPRIATE 2017-2019.

    WHAT ELSE COULD A WORKING TAXPAYER EXPECT FROM  A LEGISLATURE CONTROLLED  BY DEMOCRAT’S AND A DEMOCRATIC GOVERNOR INSLEE WITH VETO POWER

    READ IT AND WEEP  (locate your local food bank)

    2017–19 budget & policy highlights – Public School Employees of …

    pseclassified.org/wp-content/blogs.dir/70/files/2016/12/Budget-Highlights.pdf

    INSLEE’S PROPOSED BUDGET would fully fund basic education and set new course … job of fully funding Washington’s schools. … which will require billions of dollars in new state support.

    BUT THERE ARE NEEDS BEYOND ……

    MONITORING AND ENFORCEMENT IS ALSO INCREASED TO MEET FEDERAL ENDANGERED SPECIES ACT PERMIT REQUIREMENTS.

    Budget highlights – Office of Financial Management – Access Washington

    www.ofm.wa.gov › Budget › State Budgets › 2017-19 Governor’s proposed budgets

    Bold Action Now: Proposed 2017–19 Budget Highlights … Natural Resources; General Government; State Employees; Transportation; Capital; Budget Summary …

    —————————————————————–

    WHY CALL IT “THE NEW NORMAL “IN WA STATE?

    WHEN, THIS ” IS NORMAL” FOR THE GOV INSLEE AND HIS DEMOCRATS…

    June 2017 In what has become THE NEW NORMAL, Washington state lawmakers are expected to go into a third special sessions … In 2013, it took 156 days and three special sessions. …

    2nd Special Session ends, 3rd starts with Inslee vowing to veto “stop …

    www.spokesman.com/…/2nd-special-session-day-30-could-also-be-3rd-special-sessio…

    Jun 21, 2017 – Second special session ended and a third one started Wednesday as … time in state history a Legislature failed to pass a two-year budget before … state’s public school system mandated by the Washington Supreme Court.

    ———————————————————

    OFM | Governor Jay Inslee’s Proposed 2017-19 Budget

    ofm.wa.gov/budget17/default.asp

    Details of the 2017–19 Book 1 (“current law”) budget are available at the Washington State Fiscal Information website. The “Book 1” budget does not reflect the (what?) … Governor’s proposal to the Legislature.

    ———————————————————-

    PRIORITY  BUDGET APPROPRIATIONS BILLS PASSED BY THE CONTROLLING DEMOCRATS

    INDEED THE DEMOCRATIC TAXMEN MUST COMETH TO APPROPRIATE 2017-2019.

    WHATEVER THE COST TO WA STATE WORKING TAXPAYERS?

    —————————————————

     

    ———————————————-

     School funding: Fines hit $67 million, still no McCleary fix from WA …

    www.bellinghamherald.com/article155432304.html

    Jun 11, 2017 – Contempt of court fines over school funding in Washington state will hit $67 million this week, but the Legislature still can’t agree on HOW TO PAY FOR BASIC EDUCATION. … Court imposed a $100,000 penalty for each day the Legislature failed to … “The important thing is to get the school-funding formula right, and …

    —————————————————————————————

    TWO REALLY BIG QUESTIONS. 

    WHO POCKETED  THE $67,000,000.00 MILLION DOLLARS IN FINES?  

    WHAT DID THE COURT DO WITH THE MONEY?

    ———————————————————————–

    WHATEVER THE COST TO WA STATE TAXPAYERS?

    THE ENDANGERED SPECIES ACT OF 1973 The U.S. Supreme Court found that “the plain intent of Congress in enacting” the ESA “was to halt and reverse the trend toward species extinction, WHATEVER THE COST.”

     WA STATE BUDGET 2019-2019 MONITORING AND ENFORCEMENT IS ALSO INCREASED TO MEET FEDERAL ENDANGERED SPECIES ACT PERMIT REQUIREMENTS.

    —————————————————————–

    PRIORITY  BUDGET APPROPRIATIONS BILLS PASSED BY CONTROLLING DEMOCRATS

    2017-19 CAPITAL APPROPRIATIONS Bill (HB 1075 / SB 5086)

    ————————————————————————————-

     DEMOCRAT ATTORNEY GENERAL BOB FERGUSON HAS A LOT TO DO WITH THE 2017-2019 BUDGET.

    MAY 19, 2017 WA STATE  DEMOCRAT  ATTORNEY GENERAL BOB FERGUSON  APPEALED  THE MULTI-BILLION BATTLE OVER SALMON CULVERTS, AND WA STATE ATTORNEY GENERAL BOB FERGUSON LOST IT!

    COSTING WA STATE WORKING TAXPAYER’S BILLIONS OF DOLLARS TO REPLACE FISH CULVERTS.

    ————————————————————–

    Washington state loses big legal battle over salmon culverts | The …

    www.seattletimes.com/…/washington-state-loses-big-legal-battle-over-salmon-culverts/

    May 19, 2017 – “Fixing fish-blocking culverts under state roads will open upANOTHER,  9TH CIRCUIT COURT’S,  U.S. DISTRICT JUDGE RICARDO MARTINEZ  (DECLINED TO EVEN CONSIDER WA STATE’S APPEAL) FORCING WA STATE TO SPEND BILLIONS TO REPLACE CULVERTS THAT IN SOME …

     —————————————————————

    Jun 27, 2016 – By 2030, the state must replace about 800 highway culverts at a cost of … the court upheld virtually all of the findings of THE  9TH CIRCUIT COURT’S DECISION. U.S. DISTRICT JUDGE RICARDO MARTINEZ DECISION. … Washington tribes by allowing culverts that diminish salmon runs. … The ruling also applies to culverts owned by the state Department of Fish and …

     ————————————————————————————–

    2013 Martinez gave the state 15 years to reopen 90 percent of the habitat blocked by its culverts in western Washington. The state has said replacing its culverts will cost at least $2 billion. Between 2013-15, the state corrected 76 fish-blocking culverts.

    At the current schedule, replacing the remaining 800 culverts would be completed by 2060 – 30 years past the deadline, according to the Northwest Indian Fisheries Commission.

    —————————————————–

    WHATEVER THE COST TO WA STATE TAXPAYERS?

    WA STATE BUDGET  2017-2019  Adds  funding to meet court-ordered removal of

    Fish passage barrier removal fish passage barriers to improve fish access to habitat. This represents a $145.3 million increase over current funding levels and provides an average biennial spending level of about $90.0 million over the next 16 years. ($97.5 million  2017–19; $724.0 million over 16 years)

     ——————————————————————————-

     May 2, 2017 MEET BOB FERGUSON WA State Attorney General…

    JULY 14, 2017 Perhaps by now, you’ve already heard of him?

     In the space of a few days, WA State Attorney General Bob Ferguson, a Democrat just beginning his second term, has gone from unknown state attorney general in the far corner of the country to making national headlines.. Fergeson’s quote  I wouldn’t have filed it if I didn’t think I was going to win; after appealing a federal case before a  9th circuit court judge and winning a stay.

    ———————————————————

    May 2, 2017 MEET BOB FERGUSON

    Now a toast of the progressive community, Ferguson views the law as a profoundly moral enterprise.

    FERGUSON IS A REMARKABLY HUMBLE, PRIVATE MAN….

    HE SAID, “WHEN I RAN FOR ATTORNEY GENERAL IN 2012, I WOULD TELL PEOPLE I BELIEVE THE OFFICE OF THE ATTORNEY GENERAL TO BE THE MOST CONSEQUENTIAL POSITION IN GOVERNMENT”

    SOME WOULD SAY THAT FERGUSON IS OBSESSIVE:

    BOB FERGUSON SAID, “After the shock [of Trump’s election victory] wore off,” the attorney general said, speaking by phone from the state capital of Olympia. “I WANTED MY OFFICE TO BE READY IN CASE PRESIDENT TRUMP ATTEMPTED TO DELIVER ON SOME OF HIS CAMPAIGN PROMISES……

    ( LOL JULY 14, 2017)

    ———————————–

    As a school kid, Ferguson would frequently neglect to do his homework so he could spend more time on the game.

    When the order  was unveiled, WA STATE  DEMOCRAT  Attorney General Bob Ferguson  was meeting with other Democratic state attorneys general in Fort Lauderdale, discussing likely challenges they would face from the Trump administration on immigration law, civil rights, environmental regulations, and other key policy areas.

    SOME WOULD SAY THAT FERGUSON IS OBSESSIVE:

    Within minutes of the order being signed, Ferguson’s team—including an expanded civil-rights division, which he had prepared over the past several months for just such a moment, and which had been in contact with Democratic attorneys general nationwide to work out how to respond to such actions—

    “The reason I went to law school is because when used in the right way, the law can have a profound impact on people in really personal ways.”

     https://www.thenation.com/article/meet-bob-ferguson-the-washington-state-attorney-general-who-shut-down-trumps-muslim-ban/

    ———————————————————————-

     So, In the space of a few days, WA State Attorney General Bob Ferguson, a Democrat just beginning his second term, has gone from unknown state attorney general in the far corner of the country to making national headlines.

    9th U.S. Circuit Court  Judge James L. Robart, 69,  blocked President Trumps temporary immigration ban and the … decision – later upheld by the 9th U.S. Circuit Court of Appeals –

    AND,  Jun 26, 2017 THE US SUPREME COURT In a partial win for President Trump, the court said a limited travel ban could. PRESIDENT TRUMP  later tweeted: “Very grateful for the 9-O decision from the U. S. Supreme Court. .

    AND WA STATE ATTORNEY GENERAL BOB FERGUSON (D) LOST IT!

    —————————————————————————————-

    JULY 14, 2017 INDEED, YOU MUST MEET (TWO TIME LOSER)  BOB FERGUSON

    Meet Bob Ferguson, the Washington State Attorney General Who Shut …

    https://www.thenation.com/…/meet-bob-ferguson-the-washington-state-attorney-gener…

    May 2, 2017 – Now a toast of the progressive community, Ferguson views the law as a profoundly moral enterprise.


  • The We’s Who Wanted 1743-2017

    “THESE GUYS, “THE MONARCHS OF MONEY”  ARE REALLY MORE POWERFUL THAN THE GOVERNMENT.”

    1788 Thomas Jefferson to the Commissioners of the Treasury, What is to hinder them from creating a perpetual debt?

    DURING OBAMA’S EIGHT YEARS AS PRESIDENT, HE AND HIS PROGRESSIVE DEMOCRAT’S  ADDED $7,917,000,000,000.00  TRILLION DOLLARS TO THE NATIONAL DEBT.

    Nov 8, 2016 American voters answered the 228 year old question, what is to hinder them?

    President Donald J. Trump

    ———————————————————————-

    Apr 29, 2013 THIS BRIEF DOCUMENTARY SHOULD OPEN A FEW EYES TO THE REALITY BEHIND THE WORLD’S MOST POWERFUL (AND REAL) CABAL.

    “Can you imagine if the American public knew there was this ‘club’  that  met every month secretly in Switzerland and made decisions that dramatically affected their lives, but we’re not going to tell you about it because it’s too complicated.”

    CBC documentary “The Monarchs of Money” airing on The National …

    www.bankofcanada.ca › Press › Interviews Bank of Canada Apr 29, 2013… The world’s central banks have printed unimaginable amounts of money in recent years. Neil Macdonald explores what this means for the global economy and for your financial well-being…

    “THE MONARCHS OF MONEY”  Euro-Banking conspiracy to control the United States currency has been going on  for a very, very long time.

    FIRST,  “Give me control over a nation’s currency, and I care not who makes its laws.” MAYER AMSCHEL ROTHSCHILD  quote exact date unknown (1743-1812)

    ——————————————————————————————

    In 1790 Thomas Jefferson knew, he watched  and he weighed in and argued that the United States needed a publicly-owned central bank so that “EUROPEAN MONARCHS” and aristocrats could not use the printing of money to control the affairs of the new nation.

    1800 Thomas Jefferson  A debt of an hundred millions, growing by USURIOUS interest, and an artificial paper phalanx, overruling the agricultural mass of our country have a PORTENTOUS aspect. (Letter to Samuel Adams, 1800)

    Added for clarity, USURIOUS, charging illegal or exorbitant rates of interest for the use of money: a USURIOUS  moneylender. “PORTENTOUS SIGNS” ominous, warning, premonitory, threatening, menacing, ill-omened, foreboding, inauspicious, unfavorable.

    1816 Thomas Jefferson  I place economy among the first and most important of republican virtues, and public debt as the greatest of the dangers to be feared. (Letter to Governor Plumber, 1816)

    ————————————————————————

    1988 Donald J. Trump, a young American business man, had been  watching for years and weighed in on Oprah Winfred’s 1988 show.  

    Simply put, by  2015 the National debt was headed for $20,000,000,000,000.00 TRILLION DOLLARS, things got so bad Donald J. Trump a billionaire business man  ran for president.

     JUL 7, 2016 (200 YEARS LATER)

    ECONOMY AND TERRORISM WERE THE TOP ISSUES FOR VOTERS IN 2016

    AMONG TRUMP SUPPORTERS, 90% CALL THE ECONOMY VERY IMPORTANT TO THEIR VOTE AND …

    TRUMP PLACED THE ECONOMY AMONG THE FIRST AND MOST IMPORTANT ISSUES.

    As Thomas Jefferson said,  We must make our election between economy and liberty, or profusion and servitude, If we run into such debts, as that we must be taxed in our meat and in our drink, in our necessaries and our comforts, in our labors and our amusements, for our callings and our creeds, Our people,  as the people of England are , must come to labor sixteen hours in the twenty-four,

    GIVE THE EARNINGS OF FIFTEEN OF THESE TO THE GOVERNMENT FOR THEIR DEBTS AND DAILY EXPENSES; and the sixteenth being insufficient to afford us bread.  have no time to think, no means of calling the mismanagers to account….

    ————————————————————————–

    1788  Thomas Jefferson asked… What is to hinder them (the European Monarchs) from creating a perpetual debt?

    It was just a matter of time and computer technology,  In 1954 it was well recognized by those in positions of authority that it was only a matter of time, only a few decades, before the general public would be able to grasp and upset the cradle of power, for the very elements of the new silent weapon TECHNOLOGY WERE AS ACCESSIBLE for a public utopia as they were for providing a private utopia. IT WAS JUST A MATTER OF TIME BEFORE THE GENERAL PUBLIC WOULD BE ABLE TO GRASP AND UPSET THE CRADLE OF POWER

    NOV 8, 2016 American voters made the election ECONOMY AND LIBERTY

    DONALD J. TRUMP WAS ELECTED PRESIDENT OF THE UNITED STATES OF AMERICA

    AND WOW, AND HOW, IT DID, UPSET THE GLOBAL CRADLE OF POWER

    ————————————————————————

    Read more here,  it was just a matter of time and technology

    Behind My Back | Just a Matter of Time and Money 1790-2016

    www.behindmyback.org/2016/04/28/just-a-matter-of-time-and-money-1790-2016/

    Apr 28, 2016just a matter of time and foreign money 1790-2016 1790 get first all the people’s money, then all their lands and …

    —————————————————————————

    And more here on Thomas Jefferson

    Behind My Back | Perpetual Debt of the Dead

    www.behindmyback.org/2014/05/17/perpetual-debt-of-the-dead/

    May 17, 2014How much Perpetual Debt of the Dead on May 17, 2014? … Read more at http://famguardian.org/Subjects/Politics/thomasjefferson/jeff1340.htm.

    May 17, 2014  indeed a “portentous sign$17,475,637,718,124.28 TRILLION DOLLAR DEBT, growing by usurious interest,  overruling the agricultural mass of our country.

    The 2014 United States Democrat Congress does hereby bequeath, to all future generations of American Citizens, “The Perpetual Debt of the Dead”.

    ————————————————————————————–

    DURING OBAMA’S EIGHT YEARS AS PRESIDENT, HE AND HIS DEMOCRAT’S  ADDED $7,917,000,000,000.00  TRILLION DOLLARS TO THE NATIONAL DEBT.

    1788  Thomas Jefferson asked… What is to hinder them from creating a perpetual debt?

    Nov 8, 2016 American voters answered the 228 year old question, what is to hinder them?

    President Donald J. Trump

    ——————————————————————————-

    What’s Next?

    UNDERSTANDING THE HISTORY, GOALS AND ACTIONS OF THE NEW WORLD ORDER.

    Learn how the Anglo-American banking elite were able to secretly establish and maintain their global power.

    Carroll Quigley  quote “it is this power structure which the radical right in the United States has been attacking for years in the belief that they are attacking the communists.”

    Historian Carroll Quigley wrote in his epic book Tragedy and Hope Tragedy & Hope History of the World in Our Time by Carroll Quigley IS THE ULTIMATE INSIDER ADMISSION OF A SECRET GLOBAL ELITE THAT HAS IMPACTED NEARLY EVERY MODERN HISTORICAL EVENT. Learn how the Anglo-American banking elite were able to secretly establish and maintain their global power.

    Tragedy & Hope is Carroll Quigley definitive work on the world’s power structure and an essential source material FOR UNDERSTANDING THE HISTORY, GOALS AND ACTIONS OF THE NEW WORLD ORDER.

    Carroll Quigley – Wikipedia

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

    Carroll Quigley was an American historian and theorist of the evolution of civilizations. He is noted for his teaching work as a professor at Georgetown University, …

    Life and career · Influence on Bill Clinton · Quigley and the Round Table group

     YEP, AND HOW! PROFESSOR QUIGLEY  INFLUENCED BILL CLINTON


  • Understanding WA DC Politics 1883-2017

    Despite the host of management and organizational studies, Washington exposés and critiques of bureaucracy very little information is available about the working world, and everyday conduct of the top people in government.

    June 25, 2017 There is no LEFT or RIGHT in my 937th comment, there is only the WRONG that has been progressively committed, against the best interest of American citizens by WA DC POLITICIANS et al, behind our backs, behind closed doors.

    Despite the information available on the internet, very little information has been documented and provided to the working people in America, by the public media on the everyday conduct of the top people in the U.S. government..

    To and for the understanding of a reasonable person, I submit the following

    Understanding WA DC Politics 1883- 1952- 1977- 1979-2017

    ———————————————————————————-

    1883 UNDERSTANDING THE CIVIL SERVICE MERIT SYSTEM?

     Approved on January 16, 1883, THE PENDLETON ACT established a merit-based system of selecting government officials and supervising their work. THE ACT ALSO MADE IT UNLAWFUL TO FIRE OR DEMOTE FOR POLITICAL REASONS EMPLOYEES WHO WERE COVERED BY THE LAW

    —————————————————————-

    1952 UNDERSTANDING THE PLUM BOOK?

    The Republican Party popular war hero General Dwight D. Eisenhower and won the hotly-fought presidential contest, in a landslide with 442 electoral votes, ending 22 consecutive years of Democratic control of the White House.

    After  Eisenhower was elected president, after the hotly-fought presidential contest, the list was written and published by the defeated Democrats in 1952

    ———————————————————————————

    MY MISUNDERSTANDING “A GOVERNMENT OF STRANGERS”

    Due to my ignorance,  on Nov  11, 2016, three days after President Trump was elected, my understanding of a government of strangers was the 7000 SES operatives permanently embedded in the U.S. government.  

    ———————————————————–

    1977 – 2007 UNDERSTANDING A GOVERNMENT OF STRANGERS:

     EXECUTIVE POLITICS IN WASHINGTON?

    Methodology: Interviews with 200 civil servants and political appointees from different departments and at different career stages.

    Summary of Heclo: A government of strangers – From WikiSummary …

    wikisum.com/w/Heclo:_A_government_of_strangers

    Aug 14, 2007 – Political executive officers are supposed to guide and control, rather than … 1977. A government of strangers: Executive politics in Washington.

    Overview · ‎Abstract: · ‎Question: · ‎Chapter-by-Chapter Notes

    Overview

    Abstract:

    The book’s main objective is to explore the process by which high-ranking political executives and bureaucrats interact with each other in Washington. Political executive officers are supposed to guide and control, rather than merely reflect, the various interests in the executive branch. However, they are ill-suited to do so: they come to power being strangers and amateurs. Heclo studies the relationship between executives (presidential appointees) and bureaucrats (civil servants). The former are interested in political control, and the latter in policy continuity.

    Question:

    General research question: Can politicians guide what government does by controlling the people who do it? To what extent does appointment power make political control of the bureaucracy possible?

    • What are the implications of the politicization of the bureaucracy for political control (as embodied in political executives) and bureaucratic autonomy (as embodied in high-level civil servants) within the executive branch?
    • How do political executives (interested in political control) and bureaucrats (interested in administrative continuity, bureaucratic autinomy) interact with each other in Washington?

    Answer:

    High ranking civil servants strike a balance between the demands of political executives and bureaucrats. Bureaucracies pit the ambitions and plans of career bureaucrats against those of political appointees, who are at an organizational and informational disadvantage. Because the process of career advancement of high-ranking civil servants has been politicized, they may balance the demands of political executives and bureaucrats.

    High ranking career officials who are part of a civil service system add a third dimension to the interaction between political executives and bureaucrats. They are supposed to be responsive to the legal authority of political heads, but they also have institutional responsibilities and a longer time horizon than the political heads. “The civil service idea in Washington may be a counterpoint for balancing strictly political and bureaucratic demands, but it rests on slippery foundations” (32).

    Political executives can usually do better by evoking conditional cooperation rather than invoking their authority. (220) Conditional cooperation comes from developing trust with civil servants, building alliances within the agency and outside the agency (interest groups, media, other agencies, administration), and choosing strategically which goals to pursue.

    Place in the Literature:

    Sides with Seidman (1998), Neustadt (1960) regarding the power of the presidency and the constraints imposed by the internal structure of the executive. Does not address the issue of congressional dominance directly (thus, neither confirms nor denies). Discussion of “marrying the natives” suggests some degree of bureaucratic independence.

    General Argument:

    • Presidential campaigns do not produce action programs that can be precisely legislated and then put into play by the bureaucracy.
    • Transition teams are likely to be poorly organized and political appointments (and the movements of their bureaucratic counterparts) are made after the fact.
    • Therefore, these decisions are made in haste under incomplete information. Under these circumstances, it is reasonable to believe that executives will use criteria on which information is available (i.e. political affiliation and service to the party or its members) as a basis for decision-making.
    • Higher-level staffing decisions, even within the civil service, become de facto political appointments (with political attachments to both the executive and relevant congressional actors, i.e. subgovernments and iron triangles).
    • Relationship of top civil servants and political appointees is therefore “smudgy,” i.e. not well defined. Because this relationship is not well defined, there is an absence of political and policy leadership within the bureaucracy. Political appointees “go native,” undermining presidential control, while bureaucrats are increasingly controlled by elected officials.
    • For this reason, policy implementation within the bureaucracy is not characterized by rational, hierarchical modes of interaction, but rather by establishing cooperation. This occasions the development of strategic planning and support-coalition formation.
      • The original purpose of the civil service is undermined.
      • Principal-agent relations are not clearly established and information is not efficiently disseminated.

    Suggested shape of reform:

    The establishment of a senior civil service (called Federal Executive Officers) in which rank is attached to individuals, not to jobs (unclear how this would bring about more predictable relationships between bureaucrats and political appointees, although it would make for the routinization of the post-filling process).

    Methodology: Interviews with 200 civil servants and political appointees from different departments and at different career stages.

    ————————————————————-

    1978-1979 UNDERSTANDING THE SENIOR EXECUTIVE SERVICE (SES)?

    Overview & History – OPM

    https://www.opm.gov/policy-data-oversight/senior-executive…/overview-history/

    History. The Senior Executive Service (SES) was established by Title IV of the Civil Service Reform Act (CSRA) of 1978 (P.L. 95-454, October 13, 1978) and became effective on July 13, 1979.

    ———————————————————————

    OPM CORRECTIVE ACTIONS REQUIRED?

    “(c) If the Office makes a written finding, on the basis of information obtained under the program established under subsection (b)(2) of this section or otherwise, that any action taken by an agency pursuant to authority delegated under subsection (a)(2) of this section is contrary to any law, rule, or regulation, or is contrary to any standard established under subsection (b)(1) of this section, the agency involved shall take any corrective action the Office may require.

    UNDERSTANDING 2014 VETERAN’S SCANDAL the 300 SES employees involved? Understanding why not “ONE” was fired and Understanding why they all collected their bonuses?  

    ——————————————————————-

    2014-2017 UNDERSTANDING THE MERIT OF THE CIVIL SERVICE SYSTEM?

     IT IS UNLAWFUL TO FIRE OR DEMOTE OVER 9,000 (SES) FEDERAL CIVIL SERVICE LEADERSHIP AND SUPPORT POSITIONS IN THE LEGISLATIVE AND EXECUTIVE BRANCHES OF THE FEDERAL GOVERNMENT FOR POLITICAL REASONS

    INDEED, IN 1883 THE  MERIT-BASED SYSTEM WAS  SELECTING GOVERNMENT OFFICIALS

    AND SUPERVISING THEIR WORK.

    —————————————————————

    JUNE 25, 2017  UNDERSTANDING?

    Trump 76: Plum Book 9,000 SES-GS jobs 1952 – 2016 | Darrell Smith …

    https://www.linkedin.com/…/trump-76-8000-presidential-appointments-plum-book-d…

    Jan 5, 2017 – December 2016: The Government Printing Office released the United States Policy and Supporting Positions (Plum Book) for 2016 on 5 Dec … The Plum Book contains data (as of June 30, 2016) on over 9,000 Federal civil service leadership and support positions in the legislative and executive branches of the Federal Government that may be subject to noncompetitive appointment.

    ———————————————————————————

    The bottom line…..

    June 25, 2017 There is no LEFT or RIGHT in my 937th comment, there is only the WRONG that has been progressively committed, against the best interest of American citizens by WA DC POLITICIANS et al, behind our backs, behind closed doors.


  • Understanding the Intent of a Party

    Understanding the Intent of a Party

    June 8, 2017, Do you understand the intent of FBI Comey and the WA DC Establishment?

    Did you understand the intent of  Donald J. Trump when he ran for president and his intent  as President of the U.S.A.?

    ——————————————————————————-

     THE INTENT OF A PARTY

    CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON,

    AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE

     INCLUDING  THE NEGOTIATIONS,

    ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES,

    USAGES  AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    —————————————————————————

    I AM A REASONABLE PERSON AND I DO UNDERSTAND THE INTENT OF PRESIDENT TRUMP.

    ————————————————————————————

    DO YOU UNDERSTAND THE INTENT  OF  OBAMA’S LEFTOVERS, THE LIBERAL’S FAKE NEWS MEDIA, THE LIARS, THE LEAKERS, THE WA DC ESTABLISHMENT,  THE INTENT OF FORMER ATTORNEY GENERAL LORETTA LYNCH ON THE TARMAC ET AL  AND  AMERICAN JUSTICE?

    —————————————————————————-

     JUNE 8, 2017, DO YOU UNDERSTAND THE INTENT OF FBI JAMES COMEY’S TESTIMONY?

     DO YOU UNDERSTAND THE INTENT OF FORMER ATTORNEY GENERAL LORETTA LYNCH?

     OH DEAR WHAT CAN THE MATTER BE?

     FORMER FBI DIRECTOR JAMES COMEY SAID FORMER ATTORNEY GENERAL LORETTA LYNCH.

    DIRECTED HIM TO REFER TO THE HILLARY CLINTON EMAIL PROBE AS A “MATTER,” NOT AN INVESTIGATION.

     June 8, 2017 FORMER FBI DIRECTOR JAMES COMEY TESTIFIED UNDER OATH,  WE HAD A CRIMINAL INVESTIGATION OPEN….

    COMEY SAID, THE SERIOUSNESS OF THE FBI’S INVESTIGATION INTO HILLARY CLINTON’S EMAILS. … , AND SO THAT GAVE ME A QUEASY FEELING.

     SO, QUEASY FEELING FBI COMEY FOLDED UNDER LORETTA LYNCH’S  PRESSURE AND CALLED A CRIMINAL INVESTIGATION  A “MATTER”

    —————————————————————–

    FEB 17, 2017 Judge Jeanine Pirro

    OBAMA ‘LEFTOVERS’ ARE BEHIND LEAKS AND MUST BE “PROSECUTED”

    SHE, DESCRIBED MEMBERS OF THE INTELLIGENCE COMMUNITY AS “LIVID” AT TRUMP

    AND SAID THE LEAKS ARE RETALIATION. 

    June 8, 2017 FORMER FBI DIRECTOR JAMES COMEY TESTIFYING ONE MONTH AFTER TRUMP FIRED HIM……

    ————————————————————————————–

    COMEY  THE FORMER FBI DIRECTOR’S ACKNOWLEDGED  THAT HE HAD ASKED A FRIEND TO LEAK HIS MEMOS ABOUT HIS CONVERSATIONS WITH THE PRESIDENT.

     ONE MONTH AFTER TRUMP FIRED HIM…

    COMEY TOLD MEMBERS OF THE SENATE INTELLIGENCE COMMITTEE THAT HE HAD HOPED TO PROD THE JUSTICE DEPARTMENT TO APPOINT A SPECIAL COUNSEL TO OVERSEE THE RUSSIA INVESTIGATION, WHICH occurred last month

    ——————————————————————————————

    A RETALIATION LEAK BY  FORMER FBI DIRECTOR JAMES COMEY ?

    —————————————————————————-

    Feb 17, 2017 Judge Jeanine Pirro weighed in this morning on President Donald Trump’s epic news conference and responded to the recent leaks of intelligence,

    Obama ‘Leftovers’ Are Behind Leaks and Must Be Prosecuted

    insider.foxnews.com/…/judge-jeanine-obama-admin-leftovers-are-behind-leaks-and-…

    Feb 17, 2017 – Fiery Judge Jeanine: Obama ‘Leftovers’ Are Behind Leaks and Must Be … Watch her analysis above and don’t miss Justice With Judge …

    PIRRO SAID SHE BELIEVES THE RUSSIA-RELATED LEAKS ARE COMING FROM OBAMA ADMINISTRATION “LEFTOVERS” AND THAT TRUMP MUST “PROSECUTE” THE LEAKERS.

    “This is classified information, serious stuff. … A lot of these people are very much embedded into the system and he has to find out who they are and that’s not gonna be easy,” said Pirro.

    SHE DESCRIBED MEMBERS OF THE INTELLIGENCE COMMUNITY AS “LIVID” AT TRUMP

    AND SAID THE LEAKS ARE RETALIATION. 

    —————————————————————————

    President Trump’s personal attorney plans to file a complaint against fired FBI Director James B. Comey with the Justice Department over his leaking of memos on his conversations with the president, a source close to the president’s legal team said Friday.

    A complaint will be filed early next week with the Justice Department’s inspector general regarding the leak, and there will also be a “submission” to the Senate Judiciary Committee about Mr. Comey’s testimony before both Senate Judiciary and Senate Intelligence committees, the source said.

    —————————————————————————–

    The Trump team is also interested in Mr. Comey’s testimony on May 3, 2017 to the Senate Judiciary Committee, A WEEK BEFORE HE WAS FIRED, in which Chairman Charles Grassley, Iowa Republican, asked if the FBI director was ever the source of anonymous news articles.

    “Director Comey, have you ever been an anonymous source in news reports about matters relating to the Trump investigation or the Clinton investigation?” Mr. Grassley asked.

    “Never,” Mr. Comey said.

    ————————————————

    1. COMEY’S TESTIMONY ON MAY 3, 2017
    2. GRASSLEY ASKED IF THE FBI WAS INVESTIGATING LEAKS OF CLASSIFIED INFORMATION ABOUT THE PRESIDENT OR HIS ASSOCIATES.

    “I DON’T WANT TO ANSWER THAT QUESTION, SENATOR, FOR REASONS I THINK YOU KNOW,” MR. COMEY SAID AT THE TIME. “LEAKS ARE ALWAYS A PROBLEM, ESPECIALLY IN THE LAST THREE TO SIX MONTHS.”

    ————————————————————-

    THE INTENT OF OBAMA LIBERAL LEFTOVER LEAKERS AKA COMEY

    THESE LEAKS, AKA LEAKERS,  SOMETIMES OF CLASSIFIED INFORMATION,

     ARE OFTEN TOLERATED, FACILITATED, OR ENCOURAGED

    BY MEMBERS OF THE POLITICAL ESTABLISHMENT.

    THOSE IN POWER CAUGHT MISHANDLING OR RELEASING CLASSIFIED INFORMATION

    FOR PERSONAL OR POLITICAL PURPOSES—

    AKA, HILLARY CLINTON AND WEINER TO A PRIVATE EMAIL SERVER—TYPICALLY EXPERIENCE MINIMAL CONSEQUENCES.

    ———————————————————————-

    UNDERSTANDING THE INTENT OF  DONALD J. TRUMP WHEN HE RAN FOR PRESIDENT, UNDERSTANDING  THE INTENT OF THE VOTERS THAT ELECTED HIM PRESIDENT AND HIS INTENT AS  PRESIDENT OF THE UNITED STATES OF AMERICA

    ——————————————————————————-

     THE INTENT OF A PARTY

    CAN BE DETERMINED BY EXAMINING

    THE UNDERSTANDING OF A REASONABLE PERSON,

    AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE

    INCLUDING  THE NEGOTIATIONS,

    ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES,

    USAGES  AND

    ANY SUBSEQUENT CONDUCT OF THE PARTIES.

     —————————————————————————

    I AM A REASONABLE PERSON AND I UNDERSTAND THE INTENT OF PRESIDENT TRUMP ON LEAKERS.

    PRESIDENT DONALD J. TRUMP  SHALL NOT TOLERATE, FACILITATE, OR ENCOURAGE THESE LEAKS, AKA LEAKERS,  OF CLASSIFIED INFORMATION, BY MEMBERS OF THE POLITICAL ESTABLISHMENT.

    IN FACT  FBI DIRECTOR JAMES COMEY WAS  A LEAKER.

    OBAMA ADMINISTRATION LEAKING “LEFTOVERS”  MUST BE “PROSECUTE”


  • 2012 SMP Issues Left on the Table

    June 9, 2017  My Updated Public Comment  CLALLAM COUNTY WA SMP

    Subject: SMP PUBLIC COMMENT JULY 14, 2012  ON THE SMP Advisory Committee

    THE PREVIOUS CONDUCT OF THE PARTIES

    July 10, 2012 the 19 SMP Issues left on the table by the Clallam County SMP (citizens?) Advisory Committee.

    Two thirds or more of the SMP (citizens?) Advisory Committee VOTED TO WALK  AWAY FROM THE TABLE,

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY WITHOUT ARGUMENT, SUGGESTIONS OR COMMENT?

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    ———————————————————–

    The 19 SMP Update unresolved issues left on the table, At the July 10, 2012 SMP Committee Advisory meeting, Against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    If any of you read this complete July 14, 2012 comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committee members that failed to complete their responsibility to the citizens and private property owners of Clallam County, prior to the 2017 final SMP Draft Proposal, being given to the Clallam County Planning Commission.

    July 10, 2012 The last remark Steve Gray made to me, nearly five years ago was “I just want to get this over with.” 

    ————————————————————

    SUBSEQUENT CONDUCT OF THE PARTIES.

    SMP Cumulative Impact on People

    Posted on November 18, 2014 10:35 am by Pearl Rains Hewett

    This is my Clallam County SMP Public comment and objection

    Pearl Rains Hewett

    ———————————————————-

    SUBSEQUENT CONDUCT OF THE PARTIES.

    Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    —– Original Message —–

    From: zSMP
    Sent: Friday, June 02, 2017 4:39 PM
    Subject: FW: Clallam County Shoreline Master Program (SMP) – New Revised SMP Draft (June 2017)

    Interested Parties,

    You are receiving this email because you are on the Clallam County Shoreline Master Program (SMP) Update email notification list.  The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017). 

    An “INTERESTED PARTY SINCE JAN 26, 2011?” concerned, vested, voting, Clallam County private shoreline property owner and member of SMP Update (citizens) Advisory Committee.

    —– Original Message —–

    Saturday, July 14, 2012 3:13 PM

    THE REST OF THE STORY…….

    THE PREVIOUS CONDUCT OF THE PARTIES.

    From: pearl hewett

    to  zSMP

    Cc: several

    Sent: Saturday, July 14, 2012 3:13 PM

    Subject: SMP COMMENT #292 ON THE SMP Advisory Committee

    This is my full comment on the SMP Advisory Committee

    Pearl Rains Hewett Trustee

    George C. Rains Estate

    Concerned Member SMP Advisory Committee

    At the July 10, 2012 SMP Committee Advisory meeting

    Two thirds or more of the SMP Advisory Committee

    VOTED TO WALK  AWAY FROM THE TABLE,

    against my suggestion that we needed an additional August meeting to complete our duty to the citizens and private property owners, as SMP advisors, prior to the final SMP draft proposal being written.

    The SMP Advisory Committee that  represent the 3300 Clallam County shoreline private property owners is approximately as follows.

    1/3 = 10 private interest groups

    1/3 = 10 paid government employees

    1/3 = 10 SMP Affected taxpaying private property owners (only 8 at this meeting)

    DOES THE MAKEUP OF THIS COMMITTEE EXPLAINS WHY?

    THEY VOTED TO WALK  AWAY FROM THE TABLE

    LEAVING 19 OR MORE PROPOSED SMP DRAFT ISSUES RELATED TO THE DOE SMP TAKING OF PRIVATE PROPERTY without argument, suggestions or comment?

    (1) DISCUSSED AND QUESTIONED? The undecipherable table with the percentages, the 15% of whatever? It made no sense to me either? One vested citizen, could help with  his knowledge of what he thought it actually was/represented? It would be very helpful to members of the committee.

    The written text related to the undecipherable table below

    1. Minor new development Grading shall not exceed 500 cubic yards; and ii. Land disturbing activities shall not exceed 20,000 square feet, except that on parcels less than five (5) acres, land disturbing activities must not exceed fifteen (15) percent of the gross parcel size; and iii. The total cumulative footprint of all structures on a parcel must be less than 4,000 square feet; and iv. The total cumulative impervious surface area on the parcel must be less than ten (10) . All land disturbing activities must be located on slopes less than fifteen (15) percent; and vi. All land disturbing activities must comply with any critical area buffer and other protection standards established for parcels created by land division.

    ————————————————————————

    (2) DISCUSSED AND QUESTIONED? NOT ADDRESSED

    The limited number of trained specialists,  Engineer’s  comment was in reference to the county SMP  requiring specialists, to perform the mitigation tests. If a property owner could even find one to do the testing? The time delay and cost would be prohibitive.

    ——————————————————————-

    (3) PRESENTED NOT DISCUSSED

    SMP Excessive restrictions on all forms of developments. I am extremely concerned about the additional restrictive requirements written into the SMP update for major development. They are counter- productive to the economic recovery of Clallam County, they restrict the ability of business and citizens to create employment opportunities in both Clallam County and Port Angeles. Why are the Dept. of Community Development and the planning biting off their own feet? Why are they creating these obsessive restrictions on all developments?

    The way Steve was talking it, with all the added bells and whistles, it was to make any form of mitigation for anything totally infeasible, creating a like it or lump it, situation for all development by business or private shoreline property owners.

    ———————————————————————

    (4) PRESENTED- DISCUSSED but NOT ADDRESSED

    The cumulative effect of setbacks SHORELINE, WETLAND and HABITAT   one citizen did a good job when he pointed out an example of the enormous  loss of private property use with the setbacks on Lake Pleasant, in conjunction with the yet undetermined, Clallam County DOE designated WETLANDS.

    ———————————————————————–

     (5) PRESENTED NOT ADDRESSED

    More additional HABITAT setbacks

    IT WAS IMPRESSIVE HOW SMOOTHLY MARGARET AND STEVE JUST ADDED ON THE ADDITIONAL HABITAT SETBACKS, BUT DID NOT MENTION ENDANGERED SPECIES.

    1. Rare, endangered, threatened and sensitive species means plant and animal species identified and listed by the Washington State Department of Natural Resources, Washington Natural Heritage Program, Washington State Department of Fish and Wildlife, or the U.S. Fish and Wildlife Service, as being severely limited or threatened with extinction within their native ranges.
    2. Threatened species means a species that is likely to become an endangered species within the foreseeable future, as classified by the Washington Department of Fish and Wildlife, the Department of Natural Resources, Washington Natural Heritage Program, or the federal Endangered Species Act.

    ————————————————————————-

     

    (6)  COMMENT NOT ADDRESSED

    1. Recording means the filing of a document(s) for recordation with the County auditor.

    ————————————————————————————

    (7) NO DISCUSSION OR RESOLUTION (not required by law)

    1. Restoration means the reestablishment or upgrading of impaired ecological shoreline processes or functions. This may be accomplished through measures including, but not limited to, revegetation, removal of fill, removal of intrusive shoreline structures and removal or treatment of toxic materials. Restoration does not imply a requirement for returning the shoreline area to aboriginal or pre-European settlement conditions.

    ————————————————————————————

    (8) DOE DESIGNATED WETLANDS NOT IDENTIFIED OR INCORPORATED

    Wetlands have no boundaries, adjoining wetlands could restrict the use of your property.

    1. Wetlands means areas that are inundated or saturated by surface water or ground water at a frequency and duration sufficient to support, and that under normal circumstances support, a prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally include swamps, marshes, bogs and similar areas. Wetlands do not include those artificial wetlands intentionally created for non-wetland sites, including, but not limited to, irrigation and drainage ditches, grass lined swales, canals, detention facilities, wastewater treatment facilities, farm ponds, and landscape amenities or those wetlands created after July 1, 1990, that were unintentionally created as a result of the construction of a road, street, or highway. Wetlands created as mitigation and wetland modified for approved land use activities shall be considered as regulated wetlands.

    PROHIBITED EXCEPTION DISCUSSED AND RESOLVED BY RCW

    Provisions for protection SHALL be included in SMP up date.

    1. Revetment means a sloped wall constructed of rip-rap or other suitable material placed on stream banks or other shorelines to retard bank erosion and minimize lateral stream movement.
    2. Rip-rap means dense, hard, angular rock free from cracks or other defects conductive to weathering often used for bulkheads, revetments or similar slope/bank stabilization purposes.

    ————————————————————————-

    (9) DISCUSSED UNDEFINED NO RESOLUTION [insert final date]

    3.1.1 Shoreline Environment Designations

    1. A shoreline environment designation has been assigned to each segment of the shoreline in accordance with this section. The designations are based on the following general factors:
    2. The ecological functions and processes that characterize the shoreline, together with the degree of human alteration as determined by the [insert final date] Shoreline Inventory and Characterization Report and subsequent technical analyses; and

    ——————————————————————

    (10) NOT PRESENTED OR  DISCUSSED

     EXPENSE OF SPECIALISTS FOR APPROVAL

    1. c. Hazard Tree Removal: Removal of a hazard tree may be allowed in the buffer when trimming is not sufficient to address the hazard. Where the hazard is not immediately apparent to the Administrator, the hazard tree determination SHALL be made after Administrator review of a report prepared by a qualified arborist or forester.

    ——————————————————————–

    (11) NOT PRESENTED OR  DISCUSSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    1. Invasive Species Management: Removing invasive, non-native shoreline vegetation listed on the Clallam County Noxious Weed List may be allowed in the buffer when otherwise consistent with this Program. The disturbed areas must be promptly revegetated using species native to western Washington. The Administrator SHALL require a vegetation management plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the invasive species removal. The vegetation management plan SHALL  identify and describe the location and extent of vegetation management. For properties within designated landslide or erosion hazard areas, the Administrator may require review of the vegetation management plan by an engineering geologist or geotechnical engineer to ensure that the vegetation management will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the invasive species management area SHALL be clearly defined on the site plan

    ———————————————————————–

    (12) NOT DISCUSSED – ADDRESSED OR RESOLVED

    Taking of Value of view property by limited 20% KEYHOLE view corridor. If 50% of the value of your shoreline property is for the view? Losing 80% the view value will affect the true and real value of your property

    4.2.4 Regulations – Shoreline Buffers

    . 3. Buffer Condition: Shoreline buffers shall be maintained in a predominantly well vegetated and undisturbed condition to ensure that the buffer provides desired buffer functions including shade, habitat, organic inputs, large woody debris, slope stability, water storage, biofiltration, contaminant removal, and fine sediment control. Up to eighty percent (80%) of the buffer area shall be vegetated with native trees and shrubs. The remaining twenty percent (20%), or at least fifteen (15) linear feet of the water frontage, whichever is greater, may be retained as lawn for active use.

    1. Allowed Uses and Buffer Modifications: The Administrator may allow limited clearing, thinning, and/or pruning to accommodate specific shoreline buffer uses and modifications identified in this section. Such allowances shall not require compensatory mitigation provided that the amount and extent of the clearing, limbing, and/or pruning are the minimum necessary to accommodate the allowed use and all other requirements of the Program are met:

    —————————————————————————–

    (13) view corridor NOT DISCUSSED OR ADDRESSED limited and selective tree removal, pruning, and/or limbing in the buffer

    1. View Corridors: The Administrator may allow limited and selective tree removal, pruning, and/or limbing in the buffer to create a view of the shoreline when otherwise consistent with this Program. The removal, pruning, and/or limbing shall not require any ground-disturbing equipment and shall not materially alter soils or topography.

    ————————————————————————-

    (15) NOT DISCUSSED OR ADDRESSED

    EXPENSE OF SPECIALISTS FOR APPROVAL

    Administrator shall require a view clearance plan

    The Administrator shall require a view clearance plan prepared by a qualified ecologist, forester, arborist, or landscape architect prior to approving the view corridor. The view clearance plan shall identify and describe the location and extent of the proposed tree removal, pruning, and limbing and shall demonstrate compliance with American National Standards Institute (ANSI) A300 Standards for Tree Care Operations (Tree, Shrub, and Other Woody Plant Management – Standard Practices). For properties within designated landslide or erosion hazard areas, the Administrator may require review of the view clearance plan by an engineering geologist or geotechnical engineer to ensure that the proposed removal, pruning, and/or limbing will not cause or exacerbate hazards associated with soil or slope instability. The location and size of the view corridor shall be clearly defined on the site plan.

    1. Private Pathways: Private pathways which provide pedestrian access to the shoreline may be allowed within the buffer provided they are constructed of pervious material, are less than or equal to six (6) feet wide, and follow a route that minimizes erosion and gullying

    ——————————————————————————–

    (16)  NOT DISCUSSED OR ADDRESSED

    Taking of Private property for Public access

    The removal of any reference to  the taking of private property for Public access, Clallam County has the highest public access to public land in WA State. At the Private DOE meeting on June 6, 2012 Gordon White agreed that we have sufficient cause 51% to remove any taking of private property for public access.

    —————————————————————————–

    (17) DISCUSSED AND DISMISSED

    EPA. Precautionary setback are not legal

     As questioned by Rob McKenna, why are the DOE SMP setbacks more restrictive the EPA. Precautionary setback are not legal.

    ——————————————————————————–

     (18) LEGALITY OF 80% TAKING  NOT DISCUSSED NOT ADDRESSED

    ONE HUNDRED PERCENT (100%) NON-CONFORMING PROPERTY

    1. At least eighty percent (80%) of the buffer area between the structures and the shoreline and/or critical area is maintained in a naturally vegetated condition.

    What provisions have the DOE made to  stay within the LAW?

    “It is now undisputed that the county had no authority to deprive residents of the use of their own private property.”CAO’S 65 PERCENT” SEIZURE OF PROPERTY PLF Lauds Supreme Court for “Driving a Stake Through One of the Most Extreme Assaults on Property Rights in the U.S.”

    SEATTLE, WA; March 4, 2009: The Washington Supreme Court

    the CAO limited rural landowners with five acres or more to clearing only 35 percent of their property, forcing them to maintain the remaining 65 percent as native vegetation indefinitely. Rural landowners owning less than five acres were allowed to clear only 50 percent of their parcels. Affected landowners had to continue paying taxes on the portion of the property rendered useless by the CAO.

    —————————————————————————–

    (19) NOT DISCUSSED OR ADDRESSED

     THE PROVISIONS OF WAC173-26-191 ANYTHING THAT MAY BE  ILLEGAL AND UNCONSTITUTIONAL AT A STATE LEVEL,

     MAY ALSO BE  ILLEGAL AND UNCONSTITUTIONAL AT A COUNTY LEVEL AND SHALL NOT BE INCLUDED IN CLALLAM COUNTY SMP UPDATE.

     

    WAC 173-26-191

    Agency filings affecting this section

    Master program contents.

    2 The results of shoreline planning are summarized in shoreline master program policies that establish broad shoreline management directives. The policies are the basis for regulations that govern use and development along the shoreline.

    SOME MASTER PROGRAM POLICIES MAY NOT BE FULLY ATTAINABLE BY REGULATORY MEANS DUE TO THE CONSTITUTIONAL AND OTHER LEGAL LIMITATIONS ON THE REGULATION OF PRIVATE PROPERTY. THE POLICIES MAY BE PURSUED BY OTHER MEANS AS PROVIDED IN RCW 90.58.240.

    SOME DEVELOPMENT REQUIRES A SHORELINE PERMIT PRIOR TO CONSTRUCTION.

     A LOCAL GOVERNMENT EVALUATES A PERMIT APPLICATION WITH RESPECT TO THE SHORELINE MASTER PROGRAM POLICIES AND REGULATIONS AND APPROVES A PERMIT ONLY AFTER DETERMINING THAT THE DEVELOPMENT CONFORMS TO THEM. EXCEPT

    WHERE SPECIFICALLY PROVIDED IN STATUTE, THE REGULATIONS APPLY TO ALL USES AND DEVELOPMENT WITHIN SHORELINE JURISDICTION, WHETHER OR NOT A SHORELINE PERMIT IS REQUIRED, AND ARE IMPLEMENTED THROUGH AN ADMINISTRATIVE PROCESS ESTABLISHED BY LOCAL GOVERNMENT PURSUANT TO RCW 90.58.050 and 90.58.140 AND ENFORCEMENT PURSUANT TO RCW

    90.58.210 through 90.58.230.

    ————————————————————-

    If any of you read this complete comment? You understand fully, why I am critical of the two thirds majority of the Advisory Committees that failed to complete their responsibility to the citizens and private property owners of Clallam County on July 10, 2012,  prior to the final SMP Draft Proposal.

    INDEED, THE INTENT OF A PARTY CAN BE DETERMINED BY EXAMINING THE UNDERSTANDING OF A REASONABLE PERSON, AFTER CONSIDERATION IS GIVEN TO ALL RELEVANT CIRCUMSTANCES OF THE CASE INCLUDING THE NEGOTIATIONS, ANY PRACTICES THE PARTIES HAVE ESTABLISHED BETWEEN THEMSELVES, USAGES AND ANY SUBSEQUENT CONDUCT OF THE PARTIES.

    IF THE PARTIES DON’T WANT YOU TO DO IT, THE PARTIES WILL MAKE IT AS DIFFICULT AS POSSIBLE, INCLUDING BUT NOT LIMITED TO FINANCIALLY IMPOSSIBLE.

    The County Department of Community Development (DCD) has just released a Revised SMP Draft (June 2017). 


  • POTUS WOTUS EPA ACE and Justice Scalia

    POTUS WOTUS EPA ACE  and Justice Scalia

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers ACE (Corps) promulgated in 2016.

    The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.”

    It instructs EPA and the ACE Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    President Trump signed executive order on February 28, 2017 instructs EPA and the Corps to

    “CONSIDER” ADOPTING THE SCALIA TEST FROM RAPANOS V. UNITED STATES, 547 U.S. 715 (2006).

    ORDER § 3. SCALIA OPINED IN RAPANOS THAT, “THE PHRASE ‘THE WATERS OF THE UNITED STATES’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    ————————————————————————

    Notice that Trump signed the EO back at the end of February 2017, and the EPA is JUST NOW sending the information out. It looks like they have deliberately STALLED.

    These statements have to be in by June 19, 2017. Heads up!

    ————————————————————————————

    THE FEDERAL DEFINITION OF NAVIGABLE WATERS OF THE UNITED STATES

    IS LOCATED AT 33 CFR 329.4

    • 329.4 General definition.

    Navigable waters of the United States are those waters that are subject to the ebb (the outgoing phase; when the tide drains away from the shore) and flow (the incoming phase; when water rises again) of the tide and/or are presently used, or have been used in the past, or may be susceptible for use to transport interstate or foreign commerce. A determination of  navigability, once made, applies laterally over the entire surface of the waterbody, and is not extinguished by later actions or events which impede or destroy navigable capacity.

    ——————————————————————————————-

    The federal definition 40 CFR 230 .3 pertains to the Clean Water Act and waters of the United States.

    WOTUS BY OBAMA

    The definition of the Waters of the United States (WOTUS) is very dangerous and overreaching. Under section (o), parts of the definition read as follows:
    o) The term waters of the United States means: …

    (ii) All interstate waters, including interstate wetlands;

    (iv) All impoundments of waters otherwise identified as waters of the United States under this section;

    (vi) All waters adjacent to a water identified in paragraphs (o)(1)(i) through (v) of this section, including  wetlands, ponds, lakes, oxbows, impoundments, and similar waters;

    (vii) All waters in paragraphs (o)(1)(vii)(A) through (E) of this section where they are determined, on a case-specific basis, to have a  significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. The waters identified in each of paragraphs (o)(1)(vii)(A) through (E) of this section are similarly situated and shall be combined, for purposes of a significant nexus analysis, in the watershed that drains to the nearest water identified in paragraphs (o)(1)(i) through (iii) of this section. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an  adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific significant nexus analysis is required.

    (A)Prairie potholes. Prairie potholes are a complex of glacially formed wetlands, usually occurring in depressions that lack permanent natural outlets, located in the upper Midwest.

    (viii) All waters located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section and all waters located within 4,000 feet of the high tideline or ordinary high water mark of a water identified in paragraphs (o)(1)(i) through (v) of this section where they are determined on a case-specific basis to have a significant nexus to a water identified in paragraphs (o)(1)(i) through (iii) of this section. For waters determined to have a  significant nexus, the entire water is a water of the United States if a portion is located within the 100-year floodplain of a water identified in paragraphs (o)(1)(i) through (iii) of this section or within 4,000 feet of the high tide line or ordinary high water mark. Waters identified in this paragraph shall not be combined with waters identified in paragraph (o)(1)(vi) of this section when performing a significant nexus analysis. If waters identified in this paragraph are also an adjacent water under paragraph (o)(1)(vi), they are an adjacent water and no case-specific  significant nexus analysis is required.

    —————————————————————————————

    WRITING FOR THE COURT IN THE 2014 CLEAN AIR ACT CASE, UTILITY AIR REGULATORY GROUP V. EPA, JUSTICE SCALIA DECLARED EPA’S INTERPRETATION UNREASONABLE BECAUSE IT WOULD BRING ABOUT AN ENORMOUS AND TRANSFORMATIVE EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

    JUSTICE SCALIA DECLARED “We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance,’” he wrote.
    —————————————————————————————

    OBAMA VETOES GOP ATTEMPT TO BLOCK WOTUS WATER RULE

    By Timothy Cama – 01/19/16 07:22 PM EST

    ———————————————————-

    EPA ‘Waters of U.S.’ Rule Is a Power Grab | National Review

    www.nationalreview.com/article/431134/epa-waters-us-rule-power-grab

    by Rupert Darwall February 11, 2016 4:00 AM. Obama’s power-mad agency claims jurisdiction over land and water use almost everywhere in … EPA, under the Clean Water Act, a statute Congress passed two years after its clean-air sibling. … partially checked, in what has become known as the Waters of the U.S. (WOTUS).

    ————————————————————————————————-

    President Trump signed an executive order on February 28, 2017, to roll back the waters of the United States (WOTUS) rule that the U.S. Environmental Protection Agency (EPA) and the United States Army Corps of Engineers (Corps) promulgated in 2016. The Order is entitled, “Presidential Executive Order on Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the ‘Waters of the United States’ Rule.” It instructs EPA and the Corps to begin the process of a rule-making to withdraw the WOTUS rule, id. at § 2(a), and to take appropriate actions in the courts where the rule is in litigation. Id. § 2(c).

    The Order raises a number of interesting issues. First, it instructs EPA and the Corps to “consider” adopting the Scalia test from Rapanos v. United States, 547 U.S. 715 (2006). Order § 3. Scalia opined in Rapanos that, “the phrase ‘the waters of the United States’ includes only those relatively permanent, standing or continuously flowing bodies of water ‘forming geographic features’ that are described in ordinary parlance as ‘streams[,] . . . oceans, rivers, [and] lakes.’. . . . The phrase does not include channels through which water flows intermittently or ephemerally, or channels that periodically provide drainage for rainfall. . .” 547 U.S. at 739.

    Because Rapanos was a split decision (4–1–4), there is no controlling opinion. The circuit courts, applying the Marks analysis, have concluded that Kennedy’s lone concurring opinion, which focused on the significant-nexus test, is the controlling standard from the case. (A couple of circuits have allowed Kennedy’s or Scalia’s opinion to be used to establish jurisdiction.) All of the circuit courts and almost all of the district courts have rejected the argument that Scalia’s test should be adopted as the sole jurisdictional test. The Supreme Court has denied certiorari numerous times since Rapanos on WOTUS issues, so we have no clarification from the Court on how to interpret the decision.

    IT IS CLEAR WHY THE ADMINISTRATION HAS CHOSEN SCALIA’S TEST—IT IS MORE RESTRICTIVE OF JURISDICTION.

     THAN THE KENNEDY TEST, WHICH EPA AND THE CORPS ADOPTED IN THE WOTUS RULE.

    UNDER THE SCALIA TEST, MOST HEADWATER SYSTEMS—ESPECIALLY IN THE ARID WEST—WOULD NOT BE SUBJECT TO  THE CLEAN WATER ACT (CWA) BECAUSE MOST HEADWATER SYSTEMS ARE EPHEMERAL OR INTERMITTENT AND ARE THEREFORE NOT “RELATIVELY PERMANENT WATERS.” HEADWATER SYSTEMS COMPRISE A LARGE PART OF THE NATION’S TRIBUTARY SYSTEM. IN PLACES LIKE ARIZONA EVEN THE MAIN CHANNELS ARE DRY MOST OF THE YEAR AND, THEREFORE, MAY NOT MEET THE SCALIA TEST FOR JURISDICTION.

     

    THE SCALIA TEST WOULD LIKELY ALSO REMOVE MANY OF THE NATIONS’ WETLANDS FROM . EXPANSION IN EPA’S REGULATORY AUTHORITY WITHOUT CLEAR CONGRESSIONAL AUTHORIZATION.

     

    AS JUSTICE SCALIA SAID “WE EXPECT CONGRESS TO SPEAK CLEARLY IF IT WISHES TO ASSIGN TO AN AGENCY DECISIONS OF VAST ‘ECONOMIC AND POLITICAL SIGNIFICANCE,’”

    —————————————————————————-

    President Trump Issues Executive Order Directing EPA to Review the WOTUS Rule

    Thursday, March 2, 2017

    On February 28, 2017, President Trump issued an Executive Order directing the U.S. Environmental Protection Agency (EPA) and the U.S. Army Corps of Engineers (ACE) to review the federal Clean Water Act (CWA) definition of “Waters of the United States”(WOTUS) Rule (the Rule) (80 Fed. Reg. 37054, June 29, 2015). Restoring the Rule of Law, Federalism, and Economic Growth by Reviewing the “Waters of the United States” Rule, Executive Order (Feb. 28, 2017) (EO). The EO directs EPA and ACE to review the WOTUS Rule for consistency with the policies set forth in the EO which specifies that “It is in the national interest to ensure that the Nation’s navigable waters are kept free from pollution, while at the same time promoting economic growth, minimizing regulatory uncertainty, and showing due regard for the roles of the Congress and the States under the Constitution.” The EO also directs EPA and ACE to “publish for notice and comment a proposed rule rescinding or revising the [WOTUS] rule, as appropriate and consistent with law.”

    Pursuant to the EO, EPA and ACE submitted for publication in the Federal Register, a notification of intention to review and rescind or revise the Rule. Notice of Intention to Review and Rescind or Revise the Clean Water Rule, Environmental Protection Agency and Dept. of Defense, Feb. 28, 2017. The notification will be published in the Federal Register in the coming days.

    THE EO ALSO DIRECTS EPA AND ACE TO CONSIDER INTERPRETING THE TERM “NAVIGABLE WATERS,”IN A MANNER CONSISTENT WITH THE OPINION OF JUSTICE SCALIA IN RAPANOS V. UNITED STATES, 547 U.S. 715 (2006). The Rapanos opinion set out two separate standards for CWA jurisdiction. See Rapanos at 715‑718. Justice Scalia, writing for a plurality, determined that the statute should only apply when there is a “continuous surface connection”between “relatively permanent”waters. Id. at 743. Justice Kennedy, on the other hand, determined that jurisdiction should be based on whether a water or wetland possesses “a significant nexus to waters that are or were navigable in fact or that could reasonably be so made.” Id. at 759. Neither standard was supported by a majority, so neither standard has become binding precedent. See Id. at 715-718. Regulators, however, have generally followed Justice Kennedy’s standard,

    AND THUS, A SWITCH TO JUSTICE SCALIA’S STANDARD WOULD REPRESENT A SIGNIFICANT CHANGE IN INTERPRETATION OF THE JURISDICTIONAL EXTENT OF THE CWA. SEE 80 FED. REG. 37054, 37056, 37060-37061 [WOTUS RULE].


  • Every Immigrant Brings Something

    Every Immigrant Brings Something

    The following program uses DNA evidence for the history of immigration and migration into the United States of America, starting in the year 1634.

    America: Promised Land 2017 Episode 1 – YouTube

    ▶ 47:08

    6 hours ago – Uploaded by gararodin

    ———————————————————————————-

    WARNING  the ANCESTRY.COM  program suffers a bit from the

    Pollyanna Syndrome Unrealistic optimism is described as having an excessive (and even harmful) belief that all things will have positive outcomes, no matter what.

    —————————————————————————————

    I started this post last week, after the slaughter of children at the Manchester UK concert in England, I call it “Every Immigrant Brings Something”

    WHO ARE THEY AND WHAT DID THEY BRING TO EUROPE?

    —————————————————–

    America: the Promised Land was paid for and SPONSORED BY ANCESTRY.COM LLC the  privately held Internet company based in Lehi, Utah, United States.

     THE LARGEST FOR-PROFIT GENEALOGY COMPANY IN THE WORLD.

    SEPT 6, 2013 MORMON CHURCH’S FAMILYSEARCH JOINS FORCES WITH ANCESTRY.COM  Two of the world’s largest family history research organizations are joining forces in an effort they say will bring 1 billion historical records online.  The LDS Morman Church-operated FamilySearch International and the Utah-based company Ancestry.com announced a deal Thursday.

    1 billion historical records online, on the DNA migration pattern of immigrants, the peopling of our Sovereign country, America.

    It was just a matter of Time and Technology

    ANCESTRY.COM  CALLS IT  AMERICA “THE PROMISED LAND” DNA DOCUMENTS IT. period

    Part one aired on History Channel on May 29th, 2017, last night and the second part will air tonight, May 30th, 2017.

    ———————————————————————

    THE FREE HISTORICAL DNA MIGRATION AND IMMIGRATION, IDENTIFYING AND MAPPING COUNTRY BY COUNTRY, INTO THE PROMISED LAND  IS WELL WORTH WATCHING.

    WHO ARE THEY? WHO ARE YOU? AND WHAT DID YOUR IMMIGRANT ANCESTORS  BRING?

    THE ANCESTRY.COM  HISTORICAL DNA DOCUMENTATION IS PRICELESS

    THEIR DNA EVIDENCE IS INDISPUTABLE.

    ————————————————————————————

    Every Immigrant Brings Something

    What DNA Can Tell You, and What It Can’t

    Race is associated with biology, WHEREAS ETHNICITY IS ASSOCIATED WITH CULTURE

    ———————————————————————

    IMMIGRANT’S BRING THEIR CULTURE

    CULTURE DEFINITION. THE SUM OF ATTITUDES, CUSTOMS, AND BELIEFS THAT DISTINGUISHES ONE GROUP OF PEOPLE FROM ANOTHER. CULTURE IS TRANSMITTED, THROUGH LANGUAGE, MATERIAL OBJECTS, RITUAL, INSTITUTIONS, AND ART, FROM ONE GENERATION TO THE NEXT.

    CULTURE DEFINITION THE BELIEFS, CUSTOMS, ARTS, ETC., OF A PARTICULAR SOCIETY, GROUP, PLACE, OR TIME. : A PARTICULAR SOCIETY THAT HAS ITS OWN BELIEFS, WAYS OF LIFE, ART, ETC. : A WAY OF THINKING, BEHAVING, OR WORKING THAT EXISTS IN A PLACE OR ORGANIZATION AND OTHER MANIFESTATIONS OF HUMAN INTELLECTUAL ACHIEVEMENT REGARDED COLLECTIVELY.

    —————————————————

    The Muslim “world” is a collection of different countries, cultures and people.

    ———————————————————–

    THIS WAS WRITTEN OVER 10 YEARS AGO

    January 20, 2010

    CNN recently published an article entitled Study: Threat of Muslim-American terrorism in U.S. exaggerated; according to a study released by Duke University and the University of North Carolina at Chapel Hill, “the terrorist threat posed by radicalized Muslim-Americans has been exaggerated.”

    Yet, Americans continue to live in mortal fear of radical Islam, a fear propagated and inflamed by right wing Islamophobes.

    ————————————————————

    Published on Jan 20, 2014

    Obama Compares Groups Linked To Al Qaeda As “JV Team” (JV …

    ——————————————————————–

    Jun 29, 2016

    ISIS 2 Years Later: From ‘JV Team’ to International Killers – ABC News

    abcnews.go.com/International/isis-years-jv-team-international-killers/story?id…

    – In January of that year in a New Yorker profile, Obama made the “JV … in an address to the nation the day after the gruesome video emerged.

    ———————————————————————–

    MAY 30, 2017 THIS COMMENT IS BEING WRITTEN

    It was just a matter of Time and Technology

    RADICALIZED RADICAL EXTREMEST MUSLIM CULTURE IS TRANSMITTED ON THE INTERNET

    Every Country’s, illegal or legal immigrants, Bring Something to every country they come from.

    —————————————————————————

    BBC Anchor: We Have ‘To Get Used To’ Terror Attacks [VIDEO]

    dailycaller.com/2017/05/23/bbc-anchor-we-have-to-get-used-to-terror-video/

    BBC Anchor: We Have ‘To Get Used To’ Terror Attacks [VIDEO]. Photo of Amber Athey. Amber Athey. 10:09 AM 05/23/2017. Pinterest. Reddit. LinkedIn.

    According to BBC Anchor Katty Kay,

    EUROPEANS HAVE TO GET USED TO TERROR ATTACKS LIKE THE MANCHESTER BOMBING.

    Kay told MSNBC’s “Morning Joe” on Tuesday that

    EUROPEANS HAVE NO CHOICE BUT TO GET USED TO TERRORISTS MURDERING THEIR FAMILIES BECAUSE “WE ARE NEVER GOING TO BE ABLE TO TOTALLY WIPE THIS OUT.”

    A QUESTION FOR  MSNBC’s  KATTY KAY…

    Alan Jackson – Where Were You When The World Stopped Turning …

    Just in case you missed it on 911 2001

    ——————————————————————————–

    AMERICA MADE  A CHOICE

    WE HAVE A PRESIDENT DONALD J. TRUMP AND AMERICAN CITIZENS ARE NEVER GOING TO GET USED TO OR GET OVER 911

    PRESIDENT TRUMP KNOWS THE DIFFERENCE BETWEEN IRAQ AND IRAN

    ————————————————————————————–

    A different video.. WHO ARE THEY? WHAT DID THEY BRING TO AMERICA?

    Alan Jackson “Where Were You When The World Stopped Turning” Shakeable Lake 5,535,605 views

    READ THE Comments • 5,568

    ————————————————————————————-

    WHO ARE YOU? WHO ARE YOUR HISTORICAL DNA LINKS?

    WHAT DID YOUR IMMIGRANT ANCESTORS  BRING TO THE UNITED STATES OF AMERICA?

    —————————————————————————————-

    INTERESTED?

    THE HISTORY CHANNEL WILL RERUN PART  ONE  AMERICA: “THE PROMISED LAND” AT 7:00PM TONIGHT MAY 30, 2017

    AND THE NEW PART TWO AT 9:00PM TONIGHT.