Barbara Bush on the refugee's & the NY Times on Bush

[BombaySapphire3]

Originally Posted by gldstwmn

Have you heard the audio clip of his wife repeatedly calling it "Corina"?

I actually saw her say it on CNN..sheesh what a Stepfordesque drone!

[irishgrl]

Originally Posted by strandinthewind

No - it is not. Moreover, it would be hard to prove Bush was the actual negligent one in this. The case is far stronger against Brown.

Malfeasance is a crime.

malfeasance \mal-FEE-zuhn(t)s\, noun:Wrongdoing, misconduct, or misbehavior, especially by a public official.

sounds like Bush to me........but if you want to get technical:

misfeasance
n. management of a business, public office or other responsibility in which there are errors and an unfortunate result through mistake or carelessness, but without evil intent and/or violation of law.

I suppose this is a more accurate description...



From what I've read, help was available in the form of military transport, on land and sea. all they needed was the Presidential go-ahead. have they even gotten it YET? This whole aspect of blaming the head of FEMA is silly when you consider that FEMA lost all its qualified people when it was absorbed (and downsized AND underfunded) by the Homeland Security dept. They have the head they deserve....This was ALL by act of the President. who didnt think the levies needed so much work/money. who didnt care about the crisis enuff to cut short his vacation. who makes inappropriate comments in a misguided photo-op. and the list goes on and on.

as for the question of whether Clinton would have acted any differently, I submit he IS acting differently. Its no accident he was tapped to head the relief effort. The ONLY smart thing Bushwad has done has been to ask for Clinton's help.

and as a parting shot:

A society of sheep must in time beget a government of wolves.- Bertrand de Juvenal

[strandinthewind]

Originally Posted by irishgrl

Malfeasance is a crime . . . .

Please site the exact law you refer to with "malfeasance."

[strandinthewind]

Originally Posted by gldstwmn

Not so fast. He is charged with keeping his citizens safe. He was most certainly negligent in task.

That is not a violation of law from a criminal aspect. True negligence is not a crime.

[dissention]

Originally Posted by strandinthewind

That is not a violation of law from a criminal aspect. True negligence is not a crime.

If it's true that Michael Brown lied on his resume, that's a crime and he should be prosecuted to the fullest extent. Also, if he did, it doesn't look very good for Shrub after the whole Jeff Gannon debacle.

[strandinthewind]

Originally Posted by dissention

If it's true that Michael Brown lied on his resume, that's a crime and he should be prosecuted to the fullest extent. Also, if he did, it doesn't look very good for Shrub after the whole Jeff Gannon debacle.

I am unsure lying on your resume is a crime unless the fact that he is Federal Service makes it so - maybe someone can look up the law on that. Actually, his civil service contract probably is a standard Govt. form and it would indicate what if any crime it is to lie. Moreover, has it been proven to be a lie or was it puffing, which is very common on resumes - I am not being difficult here - just curious.

BTW - I feel confident no one in the masses remembers the Gannon thing and when it happened no significant amount of people gave a rat's ass - sad, very true.

[strandinthewind]

^^^

I found this article. Interestingly, the somewhat misleading info is on the FEMA website and not the actual application. While it maybe some misdemeanor to lie on an application, I am pretty sure that is not the case on a website. But, even if it is, these are relatively minor as commented on below.


'Time' reports discrepancy on Brown's background

WASHINGTON (AP) — The official biography for Michael Brown, the beleaguered head of the Federal Emergency Management Agency, contains a discrepancy about his background in emergency management, Time magazine reported.

A 2001 press release on the White House Web site says that Brown worked for the city of Edmond, Okla., from 1975 to 1978 "overseeing emergency services divisions."

Brown's official biography on the FEMA Web site says that his background in state and local government also includes serving as "an assistant city manager with emergency services oversight" and as a city councilman.

But a former mayor of Edmond, Randel Shadid, told The Associated Press on Friday that Brown had been an assistant to the city manager. Shadid said Brown was never assistant city manager.

"I think there's a difference between the two positions," said Shadid. "I would think that is a discrepancy."

Asked later about the White House news release that said Brown oversaw Edmond's emergency services divisions, Shadid said, "I don't think that's a total stretch." [thus, the miswording of the title of the position does not matter here as the mayor is saying Brown oversaw emergency service divisions, which was the crux of the assertion no matter how poorly worded]
Time magazine first reported the discrepancy.

Separately, Newsday reported another discrepancy regarding Brown's background. The official White House announcement of Brown's nomination to head FEMA in January 2003 lists his previous experience as "the Executive Director of the Independent Electrical Contractors," a trade group based in Alexandria, Va.

Two officials of the group told Newsday this week that Brown never was the national head of the group but did serve as the executive director of a regional chapter, based in Colorado. [He was an Executive Director then I mean though it is implied, the actual wording does not say Executive Director of the Independent Electrical Contractors of the USA - it just names no region]

Brown has become a primary target of criticism that the federal government responded too slowly to Hurricane Katrina, with many calls for his dismissal.

Regarding the discrepancy about his job in Oklahoma, Claudia Deakins, head of public relations for the city of Edmond, said, "According to our personnel records, Mike Brown was an assistant to the city manager from 1977 to 1980. I can't speak to his role in the organization or the structure of the organization at the time because I wasn't here."

A longtime acquaintance, Carl Reherman, said Brown was very involved in helping set up an emergency operations center in Edmond and assisting in the creation of an emergency contingency plan in the 1970s, while Brown was working for the city manager. At the time, Reherman was a city councilman, and later became mayor.

Reherman said the emergency plan that Brown worked on dealt with potential natural disasters such as tornados and manmade disasters since Tinker Air Force Base and a commercial airport are nearby and a rail line passes through the downtown.

"From my experience with Mike, he not only worked very hard on everything he did, he had very high standards," said Reherman, who also knew Brown when he was a student taking classes from Reherman, who was a professor of political science at Central State University. [so he did the function of the job asserted - again, this makes any discrepency here insignificant - it is not like he said he worked somewhere he did not and learned skills he did not - if that can be proved, his goose is cooked]

"I'm an old Democrat and Mike's a Republican, so we got into a lot of discussions," said Reherman.

Nicol Andrews, deputy strategic director in FEMA's office of public affairs, told Time that while Brown began as an intern, he became an "assistant city manager" with a distinguished record of service.

"According to Mike Brown," Andrews told Time, a large portion of points raised by the magazine are "very inaccurate."

White House press secretary Scott McClellan referred all questions about Brown's resume to FEMA.

McClellan said the White House's earlier statements that Brown retained the president's confidence remain true — but he declined to state that confidence outright.

"I'd leave it where I left it," McClellan said. "We appreciate the work of all those who have been working around the clock to respond to what has been on the worst natural disasters in our nation's history."

Find this article at:
http://www.usatoday.com/news/washing...-timemag_x.htm

NOTE - I think Brown did a horrible job on the post-hurricane evacuation of NOLA and for that he should be fired. I am just commenting above on the legal aspect of the wording of his online bio and WH statements.

[gldstwmn]

Originally Posted by strandinthewind

That is not a violation of law from a criminal aspect. True negligence is not a crime.

It is most certainly actionable from a civil aspect, no?

[SuzeQuze]

Originally Posted by strandinthewind

I am unsure lying on your resume is a crime unless the fact that he is Federal Service makes it so - maybe someone can look up the law on that. Actually, his civil service contract probably is a standard Govt. form and it would indicate what if any crime it is to lie. Moreover, has it been proven to be a lie or was it puffing, which is very common on resumes - I am not being difficult here - just curious.

BTW - I feel confident no one in the masses remembers the Gannon thing and when it happened no significant amount of people gave a rat's ass - sad, very true.

Hardly anyone covered the Gannon thing, it was a blip in the press' radar, except for the "crazy liberals". Where do you look up laws? Is there actually a database available online to do that?

[gldstwmn]

Originally Posted by SuzeQuze

Hardly anyone covered the Gannon thing, it was a blip in the press' radar, except for the "crazy liberals". Where do you look up laws? Is there actually a database available online to do that?

I think www.findlaw.com

[amber]

Originally Posted by SuzeQuze

Hardly anyone covered the Gannon thing, it was a blip in the press' radar, except for the "crazy liberals". Where do you look up laws? Is there actually a database available online to do that?

yes, there are several. It's tedious and...difficult...sometimes to wade through them. (sometimes? who am I kidding?)
Lexis Nexus, which you have to subscribe to...
you can also just type in keywords and see what you come up with - like, you can get a states civil code up, but then you have to wade through it to find the appropriate law. And I mean, wade. For all of my research projects, I either had to consult five - 10 different books, or try to narrow things down on Lexis. (I utilized lexis a lot, it was faster and easier). It's true you may be able to find your answers more simply, but, in my experience, that is the exception rather than the norm. The easy things are constitutional rights, (bill of rights). You still may have to wade through numbers and codes, though.
Go with your instinct, just plug in phrases in search engines! (seriously)
but Lexis does have some free information....and most federal and state codes are online, you just have to know, or figure out, how to wade.
Start with your keywords, girl. Sometimes I can't find shizz, but i'm not the most skilled law internet researcher, you know.

[irishgrl]

Originally Posted by strandinthewind

Please site the exact law you refer to with "malfeasance."

I quoted a dictionary definition as I thought was apparent by the pronunciation marks etc...
but to understand just how BADLY Bush and Co bungled, you must first look at the DUTIES:

[COLOR=Red][B]The President is also the Chief of the Government. That means that he is technically the boss of every government worker.Also, the President is the official head of the U.S. military. He can authorize the use of troops overseas without declaring war. To officially declare war, though, he must get the approval of the Congress.

The President is the Chief of the Government, ie TECHNICALLY the BOSS of EVERY Government. That means nothing is done (or not done) based on the Presidents say-so. Monkey Boy dropped the ball. How CONVENIENT to blame the FEMA Chief (scapegoat) for Dumbya's ineptitude.
also, as the head of the US Military, he COULD (and SHOULD) have ordered those military transport ships that were in the gulf to start taking aboard refugees. but nooooooooooooooooooooo not Dumbya.

here is the nolo.com definition of malfeasance:

Doing something that is illegal. This term is often used when a professional or public official commits an illegal act that interferes with the performance of his or her duties. For example, an elected official who accepts a bribe in exchange for political favors has committed malfeasance.

Personally, I think a case can be made for the Bumbler's obligation to corporate interests and the far right religious fundies.

The constitution says this about Impeachment:

Article II Section. 4.
The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

here is the definition of misfeasance (nolo.com)

Performing a legal action in an improper way. This term is frequently used when a professional or public official does his job in a way that is not technically illegal, but is nevertheless mistaken or wrong. Here are some examples of misfeasance in a professional context: a lawyer who is mistaken about a deadline and files an important legal document too late, an accountant who makes unintentional errors on a client's tax return or a doctor who writes a prescription and accidentally includes the wrong dosage.

Technically, when you speak of the Administration's response to Katrina, misfeasance is more applicable. It is no less heinous though...

Here is the US Code section that deals with a President's authorization to delegate functions (alluded to above)

TITLE 3 > CHAPTER 4 > § 301 Prev | Next

§ 301. General authorization to delegate functions; publication of delegations
Release date: 2005-05-17

The President of the United States is authorized to designate and empower the head of any department or agency in the executive branch, or any official thereof who is required to be appointed by and with the advice and consent of the Senate, to perform without approval, ratification, or other action by the President
(1) any function which is vested in the President by law, or
(2) any function which such officer is required or authorized by law to perform only with or subject to the approval, ratification, or other action of the President: Provided, That nothing contained herein shall relieve the President of his responsibility in office for the acts of any such head or other official designated by him to perform such functions. Such designation and authorization shall be in writing, shall be published in the Federal Register, shall be subject to such terms, conditions, and limitations as the President may deem advisable, and shall be revocable at any time by the President in whole or in part.

in other words, the BUCK done stopped

and Jason, you know as well as I do that the US Code is not as detailed as most State codes. but every public official is guided by a CODE OF ETHICS that is supposed to ensure that we are treated decently by the people in charge. Even if there is no actual detailed criminal penalty or definition, any man on the street can see that what happened was actionable. and Bumbler should be GONE. Bribery? Negligence? They are crimes in MY state, arent they in YOURS? There is such a thing as Criminal Negligence in CA....I thought there was everywhere. Most particularly for the Highest official in the land.

[irishgrl]

Originally Posted by strandinthewind

That is not a violation of law from a criminal aspect. True negligence is not a crime.

REALLY?
nolo.com definition of negligence:
What is negligence?

Negligence is the legal term for any careless behavior that causes, or contributes to, an accident. For example, a person is negligent if he neglected to stop at a stop sign and, as a result, hit your car as you were coming through the intersection.

A person can be considered negligent whenever he or she had a duty to act carefully and failed to do so. (Generally, we all have an obligation to act with ordinary and reasonable care in any given situation -- that is, in a manner that will not foreseeably injure those around us.)

hmmmm all that money the Army Corps of Engineers wanted to reinforce the levies was deliberately denied/underfunded. Bumbler had other priorities, like getting his hands on Iraq's OIL.

here is criminal negligence defined:

Noun 1. criminal negligence - (law) recklessly acting without reasonable caution and putting another person at risk of injury or death (or failing to do something with the same consequences)

IMO, Monkey Boy was negligent.

[irishgrl]

more from Wikipedia:
Criminal negligence

Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal liability. Some distinguish recklessness from negligence; recklessness is a 'malfeasance' that increases the danger of an act occurring; whereas criminal negligence is a 'misfeasance or 'nonfeasance,'merely allowing otherwise avoidable dangers to manifest. This is an example of the difference between a general intent crime and a specific intent crime with recklessness being more specific than criminal negligence. UM, JASON? In some cases this 'nonfeasance' can rise to the level of willful blindness where the individual intentionally avoids confronting a situation that no reasonable person would ever allow to occur. (can I hear a DUH? boys and girls?) Gross criminal negligence is behaviour which involves a "wanton disregard for human life." Of course, in all these cases if the actus reus or bad act never occurs then there is no crime as both elements are necessary under the criminal common law to sustain a guilty conviction.

Usually the punishment for criminal negligence, criminal recklessness, criminal endangerment, willful blindness and other related crimes is imprisonment, unless the criminal is insane (OR THE PRESIDENT OF THE UNITED STATES) (and then in some cases the sentence is indeterminate). Examples of criminally negligent crimes are criminally negligent homicide and negligent endangerment of a child

personally, I cant see Monkey boy actually being intelligent enuff to have a criminal intent (mens rea) but I have NO problem envisioning him to have an actus rea (negligent act) because he is SO dependent upon his advisors about what to do, and I dont think ANY of them saw this coming......

[strandinthewind]

Originally Posted by irishgrl

more from Wikipedia:
Criminal negligence

Criminal negligence, in the realm of criminal common law, is a legal term of art for a state of mind which is careless, inattentive, neglectful, willfully blind, or reckless; it is the mens rea part of a crime which, if occurring simultaneously with the actus reus, gives rise to criminal liability. Some distinguish recklessness from negligence; recklessness is a 'malfeasance' that increases the danger of an act occurring; whereas criminal negligence is a 'misfeasance or 'nonfeasance,'merely allowing otherwise avoidable dangers to manifest. This is an example of the difference between a general intent crime and a specific intent crime with recklessness being more specific than criminal negligence. UM, JASON? In some cases this 'nonfeasance' can rise to the level of willful blindness where the individual intentionally avoids confronting a situation that no reasonable person would ever allow to occur. (can I hear a DUH? boys and girls?) Gross criminal negligence is behaviour which involves a "wanton disregard for human life." Of course, in all these cases if the actus reus or bad act never occurs then there is no crime as both elements are necessary under the criminal common law to sustain a guilty conviction.

Usually the punishment for criminal negligence, criminal recklessness, criminal endangerment, willful blindness and other related crimes is imprisonment, unless the criminal is insane (OR THE PRESIDENT OF THE UNITED STATES) (and then in some cases the sentence is indeterminate). Examples of criminally negligent crimes are criminally negligent homicide and negligent endangerment of a child

personally, I cant see Monkey boy actually being intelligent enuff to have a criminal intent (mens rea) but I have NO problem envisioning him to have an actus rea (negligent act) because he is SO dependent upon his advisors about what to do, and I dont think ANY of them saw this coming......

Rubbish in court - if you can prove they acted with a careless disregard for human life - you may, and I stress MAY, have a chance - but you cannot demonstrate that here despite all of our outrage - a jury would never believe it nor would any judge let it past the preliminary motions. But, if you want to think they would - call the DOJ in your area and convince them to press charges against W - I suggest you believe in the lottery instead as it has better odds