Spread the cheer, not the gear

Speaking of sustainability, take a look at this diary about creating sustainable holiday observances.

Green Christmas

Let's make it happen people.

In the comments section below, I challenge you to come up with gift ideas that promote sustainability. With black friday gone, it might be late to start talking about this.

My aunt Pat, years ago ran a workshop called green christmas and her suggestions were great. A pyramid of snowballs with a candle inside for a luminarie, reusable festive bags rather than wrapping paper, and other trash reducing ideas.

my personal favorite of hers was this:

"Share traditions rather than gifts."

The Question

If Bush and the Supremes hadn't stolen the 2000 election and Al Gore became the rightful President, how many tens of thousands of the dead would be alive today?

Leahy Turns Up The Heat (or is that, turns the heat back on?) On The White House (UPDATED)

Late morning today, but I wanted to get this up before I go to work

Leahy's office is reporting they are "taking the next step" regarding the Judiciary Committee subpoenas that the administration has instructed the subjects to either ignore (in the case of Karl Rove), or simply to show up and cry "executive privilege" to any questions that matter (and again, this is in regards to the political firings of US Attorneys).

“I have given the White House’s claims of executive privilege and immunity careful consideration,” wrote Leahy.  “I hereby rule that those claims are not legally valid to excuse current and former White House employees from appearing, testifying and producing documents related to this investigation.  Accordingly, I direct Mr. Bolten, Mr. Rove, Ms. Taylor and Mr. Jennings to comply immediately with the Committees subpoenas by producing documents and testifying or face possible contempt citations.”

Obviously, this amounts to basically a "no, we're serious" from Judiciary, but its Leahy's contention that this is a necessary next step in turning up the heat. Be that as it may, one wonders why it has taken so many months. It has been long enough, one hopes that there isn't simply a strategy of extending the "next steps" over so much time as to run out the clock on the administration, while still being able to claim credibly that Democrats were aggressively performing their oversight responsibilities.

So I'm with you, Patrick – but we're all hoping this process is a means to an end (the end being real accountability), rather than an end in itself. 

UPDATE: All cynicism aside, this may also be an attempt to box the administration in. Leahy also calls the executive privilege canard “surprising in light of the significant and uncontroverted evidence that the President had no involvement (in the firings of the U.S. Attorneys).” This sounds like an attempt to force a choice between releasing the privilege assertion and allowing testimony, or leaving an implicit (if not explicit) acknowledgment on the table that yes, indeed, Bush was directly involved in the firings.

The question remains whether or not Bush cares that anybody might conclude that he was involved, given that impeachment remains “off the table.”  

Lawsuit Against iBrattleboro Owners is Meritless

Please see JD's earlier post on this topic for  background. 

In a nutshell, the owners of the iBrattleboro website (an interactive computer service) are defendants in a lawsuit.  The Plaintiff alleges that the owners of iBrattleboro are responsible for damages caused by content posted on iBrattleboro by a third party.

The suit is going nowhere relative to iBrattleboro & its owners.

The owners of the iBrattleboro website are immune from liability in this situation.  Federal law requires that the claims against iBrattleboro's owners must be dismissed.  Why is this case meritless and why must it be dismissed without further proceedings? . . . below the fold . . .

The following are the facts as I understand them.  I will paraphrase them and I will assume the facts & allegations – as reported thus far – are true for the purposes of the legal issue raised in this discussion.  In fact, I do not care which allegations are true, to what extent they are true or what the bigger context is. The issue to me is liability and the status of the law.  Therefore bear with me and let's assume for now that everything you read in the papers (**cough, cough**) is true. (If Mr. Dunn's attorney or the Plaintiff's attorney wishes to email me with supplemental information or comment here at GMD, they are welcome to do so.  I'm sure we'd all love to learn more about this).

Here goes:

1.  Plaintiff Effie Mayhew is suing David Dunn, and iBrattleboro owners Chris Grotke and Lise LePage for damages caused by what the Plaintiff claims is libel committed/pubished at iBrattleboro.  Mr. Dunn and the owners of iBrattleboro allegedly committed the libel according to the Plaintiff.

2. Dunn posted a comment at iBrattleboro claiming the Plaintiff was flagrante delicto with a co-worker to whom she maintained no state licensed carnal privileges (i.e. they were not married). FN1

3. The Plaintiff says she was not fishing (being fished?) off the company pier. She further states that Dunn’s claims, that she defiled the sanctity of anyone's marriage, are false; and she claims damages in her complaint. FN2

4. iBrattleboro is a website/blog/forum for citizen journalists.  It publishes news.  iBrattleboro also provides a forum for people to submit comments.

5. Most people agree that iBrattleboro is cool, however, that is subjective.

6. Comments to iBrattleboro are third party generated content by registered users.  iBrattleboro and its owners do not edit, modify or promote the content supplied by users within the comments sections.

7. Chris Grotke and Lise LePage neither edited, modified or otherwise contributed to or directed the writing of Mr. Dunn's statement about the Plaintiff.

8. I do not know what iBrattleboro's “Notice and Take-down Procedure” is. Typically notice and take-down procedures allows persons who see their copyrighted material, libel, trademarks etc. used improperly to contact a website's owners.

9. Upon notice of the potentially libelous nature of Mr. Dunn’s comment, iBrattleboro took the “offending” comment down. (It is not clear to me how iBrattleboro’s owners became aware or when they became aware of the offending comment).

Finally- fyi – under Vermont law, libel is tort recognized where there is "(1) a false and defamatory statement concerning another person; (2) negligence, or greater fault, in publishing the statement; (3) publication to at least one third person; (4) lack of privilege in the publication; (5) special damages, unless actionable per se; and (6) some actual harm so as to warrant compensatory damages."

Just for fun, let's also assume and I will state in my personal opinion, that Mr. Dunn's comment was libelous.  I will therefore refer to Mr. Dunn's comment as libel. The point being, regardless of whether Mr. Dunn's comment is libelous, that does NOT impact on whether the owners of iBrattleboro have any liability to the Plaintiff.

Here is the issue. 

Information content providers are liable for the information they generate.  I am responsible for what I publish at GMD or what I personally write in the comments at any particular blog, for instance.  If readers comments below, those readers and I shall be "information content providers." We will all be responsible for what we individually publish, and we are all answerable to anyone who happens to get the vapors from what we write.  The key is that by writing this, I am a "content originator."  I am therefore the liability magnet for anything I say, as it should be.  I am not, however, responsible — nor is GMD — for any of the comments any reader affixes to this post.

The Communications Decency Act, in addition to its unconstitutional parts regarding "decency," states that: "No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider."

The way courts read the CDA and apply its immunity generally works like this.

(a) Immunity from liability applies to a defendant (e.g. iBrattleboro) who is

(b) the provider of an interactive computer service if

(c) that defendant is being sued based on the comments or information provided by someone else (e.g. a commenter on the website).

Many cases have already decided this issue and I suspect the Windham Co. Superior Court will be well served by a motion to dismiss the lawsuit against the owners of iBrattleboro.  I don't have time to collect all the cases tonight.  If you are interested in legal resources on this issue, I suggest starting at http://onlineliabilityblog.com/significant-47-usc-230-decisions/ and looking that the CDA decisions at this really informative website. I suspect the first person to read all the 47 U.S.C § 230 cases linked on that site will be well prepared to argue the iBrattleboro motion to dismiss in Windham Co.

Here is a further taste of how courts looks at this issue.  The Third Circuit Court of Appeals recently ruled on a case named DiMeo v. Max, which involved a website that took comments. One of the comments was allegedly "disparaging." The disparaged Plaintiff sued the owners of the website for the comment posted by the third party.  The Court made extremely quick work of the appeal:

Max's website is an interactive computer service because it enables computer access by multiple users to a computer server. See 47 U.S.C. § 230(f)(2) (defining “interactive computer service” as “any information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including specifically a service or system that provides access to the Internet and such systems operated or services offered by libraries or educational institutions”). DiMeo’s complaint alleges that Max is a publisher of the comments on the website.

However, DiMeo does not allege that Max authored the comments on the website or that he is an information content provider. See 47 U.S.C. § 230 (f)(3) (defining “information content provider” as “any person or entity that is responsible, in whole or in part, for the creation or development of information provided through the Internet or any other interactive computer service”). As such, the website posts alleged in the complaint must constitute information furnished by third party information content providers. Therefore, the requirements of § 230 immunity are satisfied.

In Green, we affirmed the dismissal of a complaint against America Online based on § 230 immunity from tort liability stemming from messages posted in chat rooms by unnamed defendants impersonating the plaintiff. 318 F.3d at 469-70. Similarly, we will affirm the dismissal of the complaint against Max based on § 230 immunity from tort liability resulting from messages by third party message posters.

-cl 

Disclaimer:  This post is not legal advice.  If you want to call someone a asshole on your personal blog or in comments here at GMD, get your own attorney.

—————————— 

Footnotes:

FN 1: Having lived in three jurisdictions where it was against the law for consenting adults to screw without a state license, I consider this to be a material fact.  I acknowledge that Vermont law does not prohibit (consistent with local noise ordinances) the practice.

FN 2: If what the Plaintiff alleges in her lawsuit is true, regardless of liability, she has been seriously wronged by Mr. Dunn's conduct. That, however, is a fact issue for the jury to decide.  The particular legal issue concerning the liability of iBrattleboro's owners is already clear.

 

Innovation Lost? No WhisperGen in America

(Eeeeeeeenteresting… – promoted by odum)

Ironically, while American politicians and even consumers are spending critical time and resources attempting to band-aid economic and climate issues surrounding oil energy with everything from carbon offset policies to back-to-the-woods survival techniques, our counterparts in other countries — including engineers, businesspeople, and energy providers — are tackling the problem the old fashioned way by redesigning technologies and at the same time inventing new ones.

Over the holiday weekend, as I was trying to figure out new ways to lower my fuel bills, I found this really amazing hot water boiler and electricity generator invented in New Zealand by a company called WhisperGen.  As soon as I saw it, I was reminded of a television commercial from the early 1980s in which actor Lorne Green is drumming up the exciting features of a slick new sports car that had fuel efficiency of 70mpg.  But instead of ending the commercial with a "Buy one now" call to action line, Mr. Battleship Galactica closed with this punch in the gut:  "There's only one catch.  You can't buy it." 

So why is America so intent on not commercializing energy efficient products, anyway?  Below the fold:  Discover WhisperGen, but remember — you can't buy it.  Not in Amerca.

The WhisperGen apparently seems like such a promising energy appliance that New Zealand's primary electrical utility, Meridian Energy Limited, bought controlling shares of the company.  Interestingly, not only is Meridian the largest power provider in New Zealand, it also happens to be the only one in that country certified as carbon neutral by virtue of its 100% use of renewable energy resources.  While the WhisperGen as a standalone is not carbon neutral, it produces 20% less carbon than standard oil-fired boilers and has an overall efficiency rating of 95%.

Whisper Gen makes only two products:  a hot water and power generating appliance for residential use and another version of the same device for off-the-grid homes, boats, etc.  The residential unit is close in size and appearance to a standard dishwasher and it operates a little more quietly.  As a heating appliance, the WhisperGen is designed to replace an oil-fired boiler for both hot water and home heating purposes.  The residential unit kicks out about 1.2 kW AC, is wired to the grid and is generally promoted as a supplemental source of electricy for residential use.  The unit would therefore replace any emergency gas-fired  generator reserved for occasional power outages.

The engineering that went into the design of this product may be considerable, but some of the underlying technology is actually old and relatively well known.  Domestic hot water and room heating are achieved by way of a liquid propane or natural gas burner.  No big deal, right?  But in the WhisperGen, excess hot water is used run an internal power generator device known as a Stirling Engine, which was invented and patented by Robert Stirling in 1816.  Both of these technologies have been around for quite a long time. 

What makes the WhisperGen very interesting is the way company engineers were able to commercialize the Stirling Engine by converting the linear motion of the pistons housed in the Stirling Engine to a rotating motion needed to turn an alternator.  They were able to do this with a microchip and a cast iron "wobble yoke" invented for this purpose.  Significant new engineering introduced by the WhisperGen is in this globally patented wobble yoke and the algorithms stored in the Electronic Control Unit assuring smooth, low-vibration operation between the linear piston movement and rotating alternator drive.  The invention of the wobble yoke alone is likely to serve a host of other industrial applications.  In fact, according to an article in Eureka Magazine:

The curious thing about this unique design is that Whisper Tech and its technical director Don Clucas, developed the Stirling engine and wobble yoke design first, then looked for suitable applications, not generally considered the best way of bringing a product to market.

There are currently about 400 hand built WhisperGen units in the United Kingdom and Europe, with a timeline to supply and install 80,000 mass-manufactured units over the next 5 years in the United Kingdom.  The manufacturing facility will be located in Spain.  And so far, there doesn't seem to be any effort to distribute WhisperGen in the United States.  At the present time, all orders are on hold until early 2009.

At the time of this writing the US dollar is plummeting, so perhaps it's not a good time to be considering import goods due to a weaker buying position.  That being said, here is cost information for current models iin Europe.

Early handbuilt WhisperGen units run at 3000 British Pounds, converting today into $6226 US Dollars.  But price and savings will improve as manufacturing ramps up and energy costs rise.  If it were installed today it could save between $300 and $400 in fuel and elecrical bills annually.

As a consumer of oil energy paying $3.11 a gallon this heating season, when I consider upgrading my home heating system, you can bet that I'm looking around for anything that doesn't burn oil.  For my needs, the prospect of owning a WhisperGen or another device similarly efficient and economical should come sooner rather than later.  I can feasibly wait until 2009 to begin standing in line to order a unit from Europe, but it doesn't appear that the majority of Americans will either be completely unaware of this product even if wehave the opportunity to buy one.  Waiting for the WhisperGen to come to America may take as much patience as waiting for the manufacture and distribution of a reasonably priced electric car.  With the year 2012 set by international climate reports as the year everyone on the planet should be carbon neutral, it's disappointing that we may not see either the WhisperGen or the Chevy Volt until somewhere around the same time.

The engineering success of the WhisperGen should be heralded worldwide.  But there's also a somewhat disappointing side of the story as well — a disappointment that has nothing to do with oil or alternative energy technologies.  For me, a lot of national pride is at stake here.  American technology reached its symoblic peak when Armstrong first stepped on the moon.  Nothing, including recent Chinese rocketry, can take that away from our self-conception as leaders in science, innovation, and human achievement.  But the space race is over, and the next race is for energy.  

As a result, there is a significant quesiton of how quickly the United States is falling behind in the development of new energy and carbon reducing innovations. France and Japan lead the international effort to harness the power of the sun through a massive experiment in nuclear fusion and plasma technology, from which — even if it fails to reach it's goal — is likely to provide other useful, unaticipated energy appications.  The entire continent of Europe virtually owns wind technology.  And of course, the Toyota Prius has already become an iconic symbol of the American consumer's new  interest in carbon reduction.  And now it is the small, isolated, progressive island-nation of New Zealad that is delivering — and will profit generously from — the AC WhisperGen microCHP.  

As for American technology?  Well, we're still waiting for the Chevy Volt.  And even here in the once-leading-edge State of Vermont?   We're battling wind farms and returning to the hard-scrabble ways of calloused hands and wood-fired stoves.

Paradise Lost?  I think we can make that connection here in America.

Respectfully submitted, 

Nate Freeman

Tommorow Is Last Day To Double $$ On Kucinich

According to public, campaign finacning regulations tommorow, November 29th, is the last day to receive matching funds through public financing.

So if you make a contribution tonight or tommorow to Dennis Kucinich, this means that your $50 contribution becomes a $100 contribution, $200 equals $400 … up to $250.

From the Kucinich campaign:

There are literally just weeks left before the primaries in Iowa, New Hampshire and Nevada. We are proud of how far we've come, and the way the American people have embraced our message of "Strength through Peace." According to recent polls we are in 4th place in New Hampshire. You could help put us over the top in New Hampshire by making a contribution today, and Double Your Impact, by taking advantage of the federal matching funds program.

Your support is essential as you can help us:

* Run advertisements and media * Hire field coordinators and staff * Provide housing for volunteers willing to come to New Hampshire to help get Dennis' message out. * Have all the resources we need to compete in New Hampshire and other early primary states

 

You know our campaign does not take contributions from corporations or from special interest groups. We have relied on people like you to help support our campaign. You have always come through during our end of quarter drives.

This is such an important opportunity for us and we cannot let it go by. Kucinich has disporpotiantely been supported by small donors and so the fact of doubling our contribution is something that we simply need to take advantage of. Even a small donation now becomes more significant. If you have already donated, I sincerely thank you. But, if you can make the extra committment for Mr. Kucinich's leadership, it will go twice as far until tommorow.

Let us not forget what Kucinich's leadership has been:

The only Democratic Candidate to oppose the War and the subsequent Occupation

The only Democratic Candidate to show the judgement and Constitutional integrity to vote against the Patriot Act

One of only six House members to vote against the Homegrow Terrorism Act

The only Democratic Candidate who is taking the threats to our Democracy seriously and actually holding this Administration accountable through Impeachment

The only Presidential Candidate offering a truly universal, not-for-profit health care system

The only Democratic Candidate who will cancel U.S. involvement in job killing, deficit building, human expoliting, environmental raping trade agreements, NAFTA/WTO

Really it goes on. We have seen this leadership. Kucinich has been the heart and soul of this party; the only Democrat willing to stand up for the party's principles, rather than play party politics; the only one willing to put the Constitution and all Americans ahead of politics.

We need to support Dennis because he is speaking for us. And we need to support him now before it is too late. Please follow this link and make your contribution now.

Thank you for your support!

Of Babies, Luddites and Candidates for Governor…

Getting caught up on some things…

  • Hmf. Soapblox's new code apparently eliminated the "Draft Diaries" feature. WIth it went my second examination of the Gubernatorial pretenders, this one focusing on Peter Galbraith. Look for that tomorrow, if you care. Mutter, grumble…

  • Republicans gone wild! Somebody put something in the water in the last week. John McLaughry is apparently striking back after getting trounced in his debate with Bill McKibben, as his latest multi-front proclamations of global warming denial are nothing less than screeds. Last week's piece in the Free Press (followed by a piece on VPR today I heard about but did not hear) was a doozy (emphasis added):

    The report advocates the creation of a "vigorous, proactive, public/private partnership to promote "enormous, systemic and long-term cultural, cross-generation change in our awareness and behavior through the efforts of our formalized K-12 public and private school systems." (Whew!) Cynics will doubtless refer to this as the "Green Madrassa" proposal, whereby our environmentally certified schoolteachers are instructed to fill up their pupils with certified "Green Theology."

    Wow. What a strange, bitter world Mr. McLaughry must reside in to have such contempt for science and the people busting their butts to make things better. 

  • More goofy is this diary at Vermont Tiger. Part of their schtick of late is apparently to attend left-oriented functions and write condescending, distorted reports on what they experienced. It's unfortunate, as the site tends to be a bit more above board in general. Their report on the Environmental Action conference in VTC two weeks ago was kind of funny, however. It's entitled In The Camp Of The Luddites, which gives you a sense of its flavor.

    I was one of the "Luddites" in attendence. I actually presented a workshop with my fellow left-wing Luddite, Philip Baruth. Our Luddite topic? Using technology and the web to promote ideas and campaigns. You know, classic Luddite stuff. Didn't see Mario at that one. 

  • In happier news, Prog uber-organizer Peter Sterling just became a father. Congrats to the new parents. 

Live Blogging from Dartmouth Impeachment

I'm sitting in Filene Auditorium at Dartmouth, waiting for the festivities to begin.  The Impeach Bush & Cheney banner has been hung, and the room is rumbling with the sound of excited people.

Dan DeWalt, Adrienne Kinne, and John Nichols have arrived. The Kucinch folks are everywhere. Tim Carpenter of Progressive Democrats of America is handing out stickers and flyers. 

I'll try to keep up with the speakers and will likely do multiple updates over the evening, so I won't lose everything if the connection drops. 

All the meat will appear in the extended text.

TV Crews have set up in the back of the room, the space is nearly full and people are still filing in. The fun starts in just a couple of minutes.


I’ll see if I can get a couple of pictures to post later.

ALL OF THE FOLLOWING IS PARAPHRASED. I can’t type that fast.

Dan’s opening remarks:

Northeast Impeachment Coalition, PDA, Women Making a Difference, Code Pink, After Downing Street are sponsors for tonight.


Dartmouth College maintains non-partisan stance and does not co-sponsor events.


We will present what’s happening in New England now, then onto featured speakers. Livestreaming is being provided courtesy of the Kucinich folks.


The New England Impeachment Coalition was founded in July ’07, as result of groups throughout NE joining together. It has grown quickly. NJ, NY, and even places not in the Northeast have joined. Bringing back constitutional rule is going to be the role of the citizen, since Congress has decided not to do its duty. If we have candidates in office who will not stand up and defend the constitution, we’ll have to run our own people against them.  Introduced CT and ME candidates.  Stated that there will be a candidate against Peter Welch.


Speaker: John Kaminsky, Maine Lawyers for Democracy.

Founded in 2005 to protect civil rights and civil liberties. Detailed [PDF format] position paper on web. Covers impeachment in its historical context.

(and) Maine Campaign to impeach

We collected signatures around Maine to demonstrate that Mainers are serious about impeachment – and got 15,000 signatures. We used them as a springboard to get legitimacy with congresspeople and decision-makers. On Sept 25 & 26, 2007 people went to Maine Congressional offices. As a result, Mike M. is deliberating, and has voted against tabling the Kucinich bill (HRes 333).


The days of Nixon were the last time we were in this situation. By comparison in Oct. 1973, 28% of Americans said Nixon should be impeached and removed. This was after a full summer of Watergate hearings. The number rose to 55% the day before he resigned. After all the investigations and hearings, that was the high water mark.


Let’s look at today. First, 64% say President Bush has abused his power. 55% say the Pres has committed impeachable offenses. Out of those 55%, many go further and say he should be removed from office right now.


We have in this country the people having the wisdom that our congress and media do not have right now. We have people who have the wisdom to recognize what’s going on, even before hearings and media coverage. It’s time to join the people in supporting impeachment.


John Nirenberg is introduced to a standing ovation.


Speaker: Betty Hall, NH House of Reps:


I was in the house back in the 70’s. We had a legislator who introduced one of the 1st impeachment resolutions in a state legislature. He introduced it, gave a fiery speech, got exactly 11 votes. I was not one of those votes. I have regretted that every day of my life since. Last Spring, I decided “I’m not going to wait to next fall,” I decided to introduce an impeachment resolution last Spring. I spoke to the rules committee, made my case, and they voted not to let me introduce the resolution. I asked for a suspension of the rules and did it anyway. I got 40 votes. But it’s not enough.

We need to learn and understand about impeachment. I didn’t have an inkling of it during the Nixon vote. We need to have more of this kind of meeting, to learn, throughout the state, and maybe a teach-in for the NH legislature.

[applause]

In any case, it will come to the legislature in January. I hope you all come to the public hearings and make sure the legislature understands impeachment before they have to vote on it.


Q: Do you need co-sponsors?

Betty: It’s too late for it. But please talk to your legislators.


Speaker: Tim Carpenter, introduced as the President of Progressive Democrats of America:

There’s no president at PDA, it’s a citizen lobby group.


We were founded the last day the Democrats met in the election of 2004 – when they nominated John Kerry at the convention. We believed, at the end of the convention, that 80% of those who believed we should end the war and redeploy our troops never got the vote we wanted.

We believed that grassroots democrats could organize around the country to repeal the patriot act, end the war, and ensure fair & transparent elections. It’s our belief that grassroots activists can make the change.


When the Democrats were the minority, John Conyers held hearings in the basement of the House, he began hearings in Washington on Oversight and Accountability that we believed would lead to impeachment. We believe in working with legislators on the inside and grassroots democrats like Dan DeWalt and others. Many of us were excited when the democrats won. We did not get a majority of progressive democrats, instead we got democrats who still need to hear from the grassroots.


We’re here tonight to ask you to continue to support the members of Congress who work for impeachment.


Be visible about your support of impeachment. Wear buttons, use bumper stickers, slip your dinner guests “impeach mints.”


We need to challenge incumbents!

Dan D:

Last spring we did a tour with John Nichols, Cindy Sheehan, and 3 veterans. One of those vets, Adrienne Kinne, is now seeing another side of war at the VA.


Speaker: Adrienne Kinne:


I am here because I am a veteran. I was active duty in 1994 – 1998. I was an interpreter. After 2001, things drastically and dramatically changed for the worse. When I started, never would we have considered spying on an American citizen. Never. I remember once an American’s name showed up. It wasn’t even someone speaking on the call, and we removed every single trace.


After 9/11, everything changed. We were intercepting phone communications from a whole swath. In the beginning it made sense, as we were learning the new equipment. Suddenly we started noticing that these were American citizens, just ordinary citizens: the Red Cross, journalists, aid organizations. You started to question why we were doing this. We were told we were given permission to listen to Americans “just in case.” In case some aid worker accidentally came across someone from al Quaeda, or something. The constitution and our constitutional rights should not be waived “just in case.”

These were not just communications in the Middle East, but also their conversations home. We were told to just kind of “forget what the people in the United states had to say,” report on the part that originates in the Middle East. They said they had waived law in the US to make this legal.


I came to realize the significance of our oath to protect the constitution against all enemies, foreign and domestic, when going into the service and what it means.

Iraq Vets Against the War has grown tremendously over the last 10 months – more than tripled our members.


The fact that Congress does not want to listen to the people does not absolve us of our duty to protect the constitution.


In Iraq, raids on houses, abducting Iraqis at any time for no reason, killing people who are driving up to checkpoints – this happens not because of individual soldiers, but because these are policies our government has forced upon our soldiers.

Speaker: Dan D:

This war will not end under this President.

When I was younger, I worked in the city where Dennis Kucinich had been elected Mayor. Once, there was a major snow storm that shut much of the city down, but the mayor was not the kind of guy to sit around and wait for things to happen. The next thing you knew, Mayor Kucinich was plowing the airport because it was the only way to get the job done. I’m really honored to be able to introduce you to the one person in Congress who has supported the constitution, who has stood tall above all others.


Speaker: Dennis Kucinich:


Thank you for your commitment to the principles of democratic government. The very idea that prayer for gov of by and for the people is for each generation.


When I read the declaration of independence, I am struck by founders who pledged their unity. We understand that it is all on the line today. Our very democracy is in danger.

As a member of congress I have seen this systematic destruction of our democratic principles. You can look at the Bill of Rights, you can see, chapter and verse, its destruction. Giving the government the right to reach deeply into people’s personal lives. There’s this fear of personhood, privacy, which is essential to ensure each of us is free of government intrusion.


You find things you couldn’t believe happening, like HRes 1955 – only 6 voted against it. Once again I voted against it because I read it. Section 1603 of the Defense bill broke down the Posse Commitatus act, allowing the President to use our troops against us.

We are at a moment in time when we realize that our democracy is on the line.


Why after introducing HRes 333 in April did I find it necessary to come forward with HRes 799 a couple of weeks ago? What changed?


There were no hearings on 333, despite growing approval of on the bill. So I submitted 799 as privileged resolution.

The defense budget calls for spending 10 mil to retrofit B2 stealth bombers to carry 30k ton bombs (massive ordinance penetrators). Analysts all said these will be used to drop bombs on nuke research labs in Iran. If dropped, there will be a tremendous energy release, blowing dust and debris high up into the atmosphere, creating radioactive fallout, hundreds if not thousands of miles across the continent.


I had no choice but to bring this through under privileged resolution. It resonated with article 3 of HRes 333 about the VP beating drums of war against Iran.


Impeachment is the one remedy for this administration to stay the trip down the warpath. By taking it off the table, they (the democratic leadership) are licensing the violation of the constitution and international law by pres and VP. Neither leadership nor any other member of congress has the right to not do their constitutional duty.


When I hear: “We have more important things to do.”


I say “What?”


I hear “They’ll be gone in 14 months.”


I say: “They can do a lot of damage in that time. It doesn’t take long to attack a country that has no capacity to attack us.”


Each one of us has the responsibility and the honor to restore our nation.


Speaker: John Nichols:


I don’t know what unnatural quirk of the planetary order has occurred that would have me speaking after someone who should be the pres of the united states, but I will take it as an illustration of our democratic principles in this country that the president is second only to a citizen.


There are so many friends and comrades allies in this audience.


None of this happens without Dan DeWalt.


Liza Earle is a baker and day care provider, she had never gone to town meeting before. Came to some of our events, rustled up the courage to go to her town meeting to submit articles of impeachment.


When we toured VT we thought New Englanders might not want to listen to out-of-staters, we suggested that they should. This country would be tremendously well served to have a knowing and caring veteran to represent us in the Congress.


One of the other vets was Matt Howard.

Recently Matt went to Australia. The president was there as well. President had gone to thank John Howard who was the Prime Minister of the time. He turned to prime minister and said “Thank you for sending the Austrian troops to Iraq.”


John Howard has been thrown out.  [applause]


Matt told story of his service in Iraq. they went out of Kuwait city, after 1/2 hr of training. A young marine jumped out, raised his arm with a fist to say halt. The car stopped, in it were a father with his children, wife, relatives. the father stopped, rolled down the window and returned what he thought was the international sign of solidarity (raised arm clenched fist). Then he pulled forward. The marines shot everyone in the car. That night, as the soldiers slept in the truck, the young marine stirred in his sleep screaming. Matt held him, and said, “It’s ok, bad things happen in a war.”

But bad things don’t “happen” in a war. Bad things happen when you send them unprepared, and untrained to fight.


120 soldiers a week now commit suicide.


When I hear stories like that, I despair.


When I hear our presindent speak and talk of more surge, I despair.


When I hear VP casually discuss launching a more dangerous and deadly war against the more powerful and connected state of Iran, I despair.


When I see congress fail to uphold the end of the war, I despair.


When I see people come out from across New England in a rainy night. I realize I do not have the privilege of despair.


Courage patriots, the republic is in danger, the constitution is under attack, democracy itself undermined. We are the descendants of those who fought a revolution against a king named George.


I say to you my name is John Nichols and I want to impeach the president and vice president of the United States.


I want to impeach them for their attack on this constitution of the United States. Because they shredded the constitution, because they undermined the separation of powers when they lied to congress, because

they have spied on the American people when the constitution of the us gives us freedom in our homes from intervention, because they have sanctioned torture and extaordinary rendition.


Some people want to impeach because they violated the Geneva conventions, but we don’t have to go to the Geneva conventions, we have only to go to the 8th amendment.

When Cheny authorizes torture, he commits an impeachable offense.


I want to impeach them because of what they did to Wilson and Plame.


The 3rd article in Nixon’s impeachment was for use of office to punish political foes.


When they used their office to punish Joe Wilson for speaking out, they committed an impeachable offense.


I didn’t come up with these ideas myself. I read the notes to the constitutional convention.


George Mason, author, wrote: No instrument in this document is more important than the power to impeach, for if we cede our power to impeach, we cede the ability to hold the president accountable. If we do not have power to impeach, we make him a king for 4 years.


Jefferson: without impeachment, we have a monarch for 4 years, with no difference between him and a king.


Oh, but it is a time of war. We must support the troops! Well, we do support the troops. But keep in mind, Mason said: “War is the true wet nurse of executive aggrandizement, to empty the treasury of resources …, to destroy even the freedoms that the war was supposedly launched to defend.”


Wars waged illegally and immorally are the highest of high crimes.

James K. Polk started the Mexican American war, claiming an attack by Mexico on America.

A young congressman was elected from the Midwest, and went to Washington. He offended party the leaders.

He said from the Well of the House to the President: “Show me the spot on which a single Mexican shed a single drop of American blood. If you cannot, then show me why you should not be removed from your office.”

When Polk did not answer, the congressman censured James K Polk, saying essentially “we honor the troops but not the one who sent them to an immoral war.”

When admonished that “you cannot attack the president in a time of war.”

The Congressman replied:

Allow the President to invade a neighboring nation whenever he shall deem it necessary to do so, whenever he may choose to say he deems it necessary for such purpose – and you allow him to make war at pleasure. Study to see if you can fix any limit to his power in this respect, after you have given him so much as you propose.

If today, he should choose to say he thinks it necessary to invade Canada, to prevent the British from invading us, how could you stop him? You may say, “I see no probability of the British invading us” but he will say to you, “be silent; I see it, if you don’t.”

The provision of the Constitution giving the war making power to Congress was dictated, as I understand it, by the following reasons: Kings had always been involving and impoverishing their people in wars, pretending generally, if not always, that the good of the people was the object. This, our Convention understood to be the most oppressive of all Kingly oppressions; and they resolved to so frame the Constitution that no one man should hold the power of bringing this oppression upon us.

I was not elected to serve a king.

Abraham Lincoln.


Q & A Session

Q: How do we change the mind of Peter Welch?

A (Kucinich): The people of Vermont can do that. Continue to talk to him.

A (Nichols): The force you use on this issue IS having an impact. The media will not tell you that.


Q: Why is impeachment off the table?

A (Kucinich): It seems that the political calculus is that the more offenses pile up on this administration, the more Republican loyalty will be brought to a lower and lower level. I think it’s a cold calculating attempt, in the same way the democrats put ads on tv against the Republicans’ war funding plans, then turned around to fund the war.


Duplicity is the word that was made for this moment.  The word duplicity has found its hour. We cannot permit this to count as governance.


It’s just incompetence.


Q: Welch voted for H. Res. 1955:

In response to a constituent, he replied: “The law doesn’t criminalize any activity.”

A: (Kucinich) It’s trying to criminalize thought.

There’s an effort to break down thought, word, deed, free speech. When you start to criminalize thought [missed]


Q: How did 400 congressman, after they read that bill pass it?


A: (Kucinich) People don’t read these bills. You get a dozen bills, some a few pages, some a hundred. Comes from your side, and vote for it. It was a democrat’s bill – Jane Harmon’s bill. They don’t read the bill, they look at the title.


This is what we’re faced with.


Then when they’re called on it, you see gymnastics that are olympian in their grandeur, but pathetic in their implications.


A: (Nichols) Most of the pathologies in this bill were also in the patriot act. It was much harder to vote against the patriot act, due to the tenor of the times.


You now hear Chris Dodd talking about how much he loves the constitution. Then why didn’t he love it enough to vote against the patriot act? It mattered at the time when the votes happened.


Q: (battery recharge needed, so I missed this one, it was 9/11 related)


Q: (Jimmy Leas) Many speakers have given reasons to impeach. We need to start thinking about them as the steps a government takes … towards dictatorship. It’s enough that our president tortures people. Once it starts moving from people in other countries, it’s going to creep toward us. Once that happens, nobody is going to stand up. When people start being afraid of being tortured, they stop speaking out. We are the ones who are the victims, because our rights are at stake. It [this effort] is to stop the next war, the current war, and preserve our constitution. We have to work so hard to build the movement, so we don’t go further down this path toward dictatorship (turned out to be a comment – no question)

Q: Republicans were going to vote against tabling H. Res 333 to embarrass democrats. I was very confused. I looked into it. I thought, what could be embarrassing to Democrats about that? When you investigate Cheney the people who should be embarrassed about it would be the republicans.

I looked into it and came up with PACs, the big pacs are oil & gas. The Republicans wanted to expose the democrats as listening to the PACs that fund them instead of listening to the people, and embarrass the democrats in the eyes of their constituents.


I am not going to be afraid to be called a name for telling the democratic leadership to stop listening to the PACs, and start listening to us. [this was another comment]


A: (Didn’t see who spoke?) We are facing a culture of intimidation – torture, wire tapping to deprive people of civil rights and liberties to make us apprehensive about speaking out for the constitution, civil liberties and this country. We don’t have the luxury of despair or of being intimidated.


A: (Nichols) I interviewed Bernstein: he says there’s no question they should be impeached. “What’s different now,” I asked? The Congress is dramatically more bought than in the 1970s. But more serious is our media. Media is invested in power. On bended knee. Media that does the work of the powerful, reinforces those in power. They’ve played the media brilliantly.


Believe me, amazing things are happening, but you won’t hear about them on TV or the radio.


I have great hope that we can fix this mess. The only thing that worries me, is our media. We can roll over Congress. Our media is in a crisis.


I don’t hear candidates talk about media reform.


A: (Dan)It’s not just Fox and Murdoch and CBS and NBC. Recently, I spoke with public media head (alan ?). “Let’s have a program about it.”


He replied, “No, it’s not an issue.”

A: (Tim:) Visit AfterDowningStreet.org

Invite people like John N., David Swanson, and others to meetings like this. Begin those kitchen table conversations.


Ask you congress member to call for hearings in judiciary on HRes 333.


Q: Had an epiphany, had copies of sample resolution for impeachment. Fill in your town’s name, go to your town, and put it in for town meeting. Talked with Secretary for my town: she said the warrants closed. Guess what, they weren’t.


You have to stay on it, want to have it happen. Before I went to the 1st places, I was afraid of what people would say. When I sat with 500 people, I knew our Republic was about done. It’s a very simple concept – when our country was founded, we were separating ourselves from the monarchies. We would not kneel to a king and be strung up for asking why if told to fight a war.

In a republic, you are the sovereign, I am the sovereign. We don’t get down on our knees.

We shouldn’t feel that someone else is going to do this work for us.

Q: On media and impeachment, when Dennis Kucinich filed HRes 333, there was a blackout. I begged for a lawsuit against media. Overwhelming evidence of 911 being fixed. John N., please look at this and start writing about and publishing.


Prince Bandar says he warned Bush.


Q: How do we impart the passion we feel to the young people at the universities?

A: (Nichols) I get this question everywhere I go, on every issue. Young people make a realistic choice not to be engaged in the political process because they see nothing come of it. Something you can do: Stop being PUNDITS. It’s the biggest disease going: stop talking about electability, and how you need electability to succeed, there’s no idealism in that. Young people respond to idealism – a promise that something real can happen. The candidate that has touched most young people in this campaign: Ron Paul. When he stared Giuliani down and said there are reasons this country was attacked and 9/11 occurred, and people, young people were watching and said “yeah! you’re right.”


Attract young people by voting your conscience, acting upon your conscience, and making real the idealistic options.

Young people look at older folks and see older folks compromising. If we don’t hold up higher ideals, we won’t get young people to believe that this is a savable political process. You will find that young people will be what you want them to be if you are what they want you to be.


A (Kinne): At ISO, There were kids responding to what our country has never been and should be.


When we have actions not governed by “What won’t offend anybody” but by what do we need to do, the kids like it and get engaged.  They’re not so afraid of offending someone for a decent cause. I don’t think we’re going to pull this off without more kids. We have a long way to go. We need to stop limiting ourselves.


Q: I believe we need to be calling on a higher power and invoke the martyrs (Kennedy, Wellstone, etc.) who have given their lives, and we must honor them, because they really are with us.


A: We will only succeed if we truly believe that we will succeed and move forward and believe that we will succeed.


Q: I am a confused citizen. In any movement it’s important to understand the position of those who do not support the position in order to get them to change their position. Our democratic legislators seem to be sitting on the sidelines. Can you comment on the rationale for the democrats to not stand up?


A (Hall): Too much money and not enough courage. I don’t know why my colleagues don’t think the way I do. I got arrested and put in jail because I didn’t move. In court, they asked all the questions – did she do this or that wrong? The answer was no, so the case was dismissed.


Q: What are they afraid of?

A (DeWalt): The smear machine that kicks in when you stand up. Also have to face possibility that they’re members of the same team, but wearing different coat.

A (Nichols): I do a lot of right-wing talk radio shows willingly for sheer sport of talking to conservatives. I talk about impeachment. I think it’s relevant to this. I say, “I know you believe George Bush is touched by God. I believe he’s been touched as well. [laughter] I know you believe he’ll do the right thing, but do you really want to hand those powers over to president Hillary Clinton?” I’m always amused by the reaction.


I am afraid both parties like power, and like it so much, they don’t enjoy a discussion about disempowering the president because they’re afraid that we’ll start discussing disempowering others, too.


Jefferson envisioned the president becoming corrupted, the congress becoming corrupted, and even the media becoming corrupted. It is for that reason we rested all power in the people.


You’re the leaders, you guys have to do it.


A (?): In my darker moments I wonder what they might be afraid of: on wiretapping, Sr. members of Democratic party were briefed on wiretapping, and know they’re just as culpable.


Some are afraid that if we impeach, we won’t be able to elect a democratic president because they won’t have Bush to kick around anymore.


We can’t address this by focusing on fear, we must address it based on protecting the constitution, and handing down to the next generation a country they can be proud of like was handed to us.


Q: About the 120 soldiers committing suicide per week: do those include returned or in-field?

A (Nichols): Returned. Not all are Iraq vets, some are Vietnam vets. There’s a dramatic surge in suicide. It’s the reason the administration and VA at fed level are not keeping unified set of stats.


I’ve interviewed returning troops – today you can pluck someone off the battlefield who would have died, send them to a hospital in Germany, then home to the VA, but the tragedy is survival in horrific condition. Part is because of that, but part is the mental agony from war.


Every single day we don’t just doom someone to die, we doom hundreds of young men and women to a future in which suicide will be a logical option. I counsel urgency because there are young men who will be ruined today, tomorrow, and every day we go forward. And that doesn’t count the innocent Iraqis.


A (DeWalt): Twice as many Vietnam vets have killed themselves as were killed in the war.


A (Kinne): I have worked with vets on PTSD. It’s not PTSD, it’s not a disorder, it’s having a conscience. When they are asked to commit war crimes and atrocities, when they come home and suffer guilt, then to be told that they have a disorder, there’s something wrong. It’s when you have leaders who send you to commit these atrocities with a clear conscience – that’s the disorder. 


Q: (John N. who’s walking to Pelosi’s office) For info, go to MarchInMyName.org. I urge you to give me pictures of you and your family to bring to Nancy Pelosi.


Q: My brother committed suicide on my birthday 2 years ago. We are all one. The thoughts and feelings are energy permeate all of existence. Everyone who has lost loved a one can understand that. I want people to realize that this world is terrifying the sensitive souls which exist here. They don’t want to express it in front of others because it “shows weakness.” I’m a radio operator, my call letters: W1JSB. I get on 80 meters, 40 meters, 20 meters, to share with people.

[at this point Dan D. takes a moment to acknowledge Nancy (last name?) put this together.]

Q: I’m tired of writing letters and emails to Congress. I think of other countries and when the get organized, they take to the streets. What’s it going to take for us to make a showing and be heard.


A (Nichols): The original sin of this whole moment: when they were not going to count the votes in Florida. People went into the streets about that in other countries, but we didn’t. We allowed the election to be stolen from us. We have another election coming. We invite all the sins that flow from the moment they steal an election.


Q: to John Kaminsky

In the Maine Lawyers for Democracy’s impeachment document articles, you parsed many things. There must have been information on 9/11 – how were they discarded from the impeachment articles?


A: Didn’t know a lot about the questions ’til the last 3 – 4 months. I had been looking at so much other evidence and focused on putting together strong supportable case that took advantage of the evidence before us now.


We don’t have a lot of evidence in handabout what really happened 9/11. My concern is a concern of urgency. We need to move forward now, with the case we have in our hands. I don’t mean to diminish the arguments on 9/11, I fear there would not be enough time during this administration’s time in office to accomplish a complete investigation of 9/11. I would hope next pres will appoint special prosecutor.


Q: The Right of Revolution is included in NH constitution (article 10) listed on back of tonight’s program. NH is the only state with the right of revolution. [… missed the rest as we prepared to head out, since the space was closed at this point]

iBrattleboro citizen journalism site sued for “libel”

Those of you that are blog addicts are well aware of the issue of a blog’s liability as well as “ownership” of comments, whether it be if a blog’s owner is legally responsible for the content in the comments section, or it be Bill O’Reilly bloviating about the worst comments in a section and trying to paint the whole blog as extreme as those comments. Apparently, the concept of trying to silence a blog by going after the owners is still a fresh one, as the owners of the community blog iBrattleboro (Brattleboro, VT) are now being sued for libel, over some comments that someone posted there. Go below the jump for more.

iBrattleboro is one of those great community blogs. It’s not just politics by any stretch of the imagination. It covers many aspects of the small city in southern Vermont: town news, arts and culture, business, education – the whole gamut of that vibrant community.

Apparently the libel hubbub stems from an allegation by a former executive director of Rescue, Inc. and organization that provides rescue services to the area’s communities. As the Brattleboro Reformer is reporting:

In the suit, which was filed in Windham County Superior Court Nov. 16, Rescue volunteer Effie Mayhew alleges that David Dunn, who served as executive director until resigning earlier this month, and ibrattleboro owners Chris Grotke and Lise LePage committed libel and “intentional infliction of emotional distress.”

The suit pertains to a Sept. 30 comment posted to the site by Dunn, who was responding both to a previous anonymous critique of his leadership style and a column Mayhew wrote in the Reformer. In the comment, Dunn accused Mayhew of conducting an adulterous affair on Rescue premises and said that others who had signed a petition requesting his resignation had engaged in similar behavior.

Did you get that? “The suit pertains to a Sept. 30 comment posted to the site by Dunn, who was responding both to a previous anonymous critique of his leadership style and a column Mayhew wrote in the Reformer.” So based on one man’s comment on the blog, the owners, Chris Grotke and Lise LePage now have to spend their time and money fighting off this lawsuit. Perhaps Dunn’s comments could indeed make him responsible for libel. But to hold the blog’s owners responsible is absolutely ridiculous.

It’s really maddening, especially because at the bottom of the iBrattleboro site, there’s this…

All information and opinions expressed on these pages are the responsibility of their respective owners, and not of iBrattleboro.com. iBrattleboro.com reserves the right to refuse publication of any story and to remove posted comments, as we see fit.



Apparently, that last part wasn’t read by Mayhew. Her lawyer somehow thinks that Grotke and Page should have known better and taken the comments down on their own.

“They should have edited it out or e-mailed (Dunn) and said ‘we can’t publish it as it stands,'” Stone said. “I think their defense will be that they don’t read prior to publishing, but I’m not sure that will be enough to avoid some degree of liability.”

Smells funny to me. How about you? One thing that complicates this matter is that the legal matters regarding “new media and journalism” are still wading into uncharted territory in regards to liability, but the Communications Decency Act of 1996 seems to be pretty clear on this: “No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.”

Regardless of how the suit goes against Dunn, the one against iBrattleboro is the essence of vindictive frivolity. Please stop by iBrattleboro and offer some kind words of support to Grotke and Page, should you feel so inclined.

crossposted at Daily Kos and five before chaos, because the word needs to spread about this. A rec over at Kos would be helpful and appreciated.