THOUSANDS OF DEFENDERS MOBILIZE TO STOP POLICE EVICTION OF OCCUPY LA, SET FOR NOV. 28

Posted on 11/27/2011 by Diane Bukowski

ANSWER Coalition protests during Occupy LA

‘Occupy LA under attack,’ ‘The people can stop the eviction’

Sign petition to stop eviction Click here; call Mayor Antonio Villaraigosa at (213)978-0600,

Occupy LA website: http://occupylosangeles.org/

By Deborah Dupre

Human Rights Examiner

November 26, 2011 – Like this? Subscribe to get instant updates.

After the LA mayor and city officials pledged to evict Occupy LA human rights defenders from their peaceful 500 tent encampment still at City Hall, in preparation to resist the 12:01 a.m. Monday morning police event, aside from purchasing gas masks, the nation’s largest grassroots human rights organization, ANSWER Coalition late Sunday afternoon has urged thousands of its members and supporters to be at the City Hall at 11 p.m. Sunday night through Monday to and to take a pledge to stop the eviction. 

“Occupy LA is under attack,” the ANSWER Coalition says in its written statement sent late Saturday.

Click on http://occupylosangeles.org/?q=nov2011response to read Occupy LA General Assembly’s response to the mayor.

But this morning, there were no signs of attack, although the thousands of rights defenders brace for an interesting time after the clock strikes midnight Sunday when the eviction and police involvement is to occur. 

“All was quiet before dawn at Los Angeles City Hall, where “Occupy” demonstrators have been camping since Oct. 1 and are now under threat of arrest if they don’t clear out after noon Monday,” reported the Daily News LA Sunday morning. 

There was “no sign that the estimated 500 tents had diminished.” 

 

More than one thousand protesters of Occupy LA hit the streets in solidarity with Occupy Wall Street. They occupied the financial district of Los Angeles and police arrested several of the protesters. RT correspondent Ramon Galindo gives us the latest of the national day of action in LA Nov. 17.

The mayor and city officials pledged to evict Occupy LA from the encampment at City Hall lawn at 12:01 am this coming Monday morning. 

“In a press conference yesterday, Mayor Villaraigosa and LAPD Chief Charlie Beck called the ongoing protest ‘unsustainable’ and gave notice of their intention to have Occupy LA dismantled,” reported ANSWER Coalition. 

The Daily News reported the mayor wants the people off of City Hall’s “manicured lawns” for “safety reasons.” 

But ANSWER Coalition, the metropolitan’s large coalition of human rights defender organizations says they need thousands of recruits to be there late Sunday night to stop the eviction. 

“We cannot let this happen,” ANSWER says in its statement urging members and supporters to be there Sunday night through the Monday morning eviction deadline. 

“Come by 11 p.m. and be prepared to stay to help stop the eviction. Bring your friends, family and everyone you know, along with any signs or banners you have or wish to make to support Occupy LA. 

“If thousands of people come out on Sunday to defend Occupy LA, we will send a strong message to the ruling elite and politicians who desperately want the Occupy movement to end.”

According to ANSWER, despite city officials claiming to support Occupy LA and their passing a resolution to that effect, “they do not and never have” supported it.

“The pending eviction attempt is part of a wave of nationally coordinated state repression against the Occupy movement as a whole.

The blossoming of a new, growing movement of young people, students, workers and unemployed against the wealthiest 1% has challenged the profit-based system that feeds on banker and corporate greed.

Wall Street and the ruling elite in all cities want the Occupy movement gone completely, yet along with others, Occupy LA still stands.”

ANSWER’s rationale is that the people stopped New York City Mayor Bloomberg when he first tried to kick Occupy Wall Street protesters from Zucotti Park. 

“Five thousand people answered the call and defended the park, forcing the mayor and city to back down. The same thing can happen right here in Los Angeles,” it says. 

“Now is the time to take a stand and defend the Occupy LA encampment, which is comprised of peaceful protesters who are fed up with the rule of the richest banks and billion-dollar corporations–the 1%. 

“ANSWER, along with the Occupy LA participants, clergy and other community groups, will be there to support Occupy LA, stop the eviction, and make sure City Hall remains occupied.” 

The group is urging people to register for email updates and check the AnswerLA.org website and Facebook page for up to the minute reports. 

At least one person admitted to having bought a gas mask in preparation for peaceful resistance Monday morning. 

“Click here to pledge to “Take a stand” to defend the Occupy LA encampment,” ANSWER urges.

Suggested by the author:

 

Watch live streaming video from owslosangeles at livestream.com

OCCUPY LA LIVESTREAM

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BING, COUNCIL DECLARE WAR ON RETIREES, TRY TO TAKE 13TH CHECK; PUBLIC HEARING TUES. NOV. 29, 9:30 AM

Posted on 11/26/2011 by Diane Bukowski
Workers demonstrate against Bing’s attacks on pension rights and other cutbacks outside his State of the City address April 12, 2011
  •  13th check, other pension rights at stake;
  • Public hearing Tues. Nov. 29 9:30 a.m. CAYMC, Council chambers

By Diane Bukowski 

DETROIT – Detroit Mayor Dave Bing and the City Council are bidding HAPPY HOLIDAYS and thanks to city retirees for their years of service, by trying to snatch their annual “13th check,” which many have counted on for 20 years to pay past due bills or  buy Xmas gifts for their families. 

A proposed ordinance amending the City Code would also redefine and limit excess earnings on Detroit General Retirement System (DGRS) investments, from which the check is provided, among other strictures placed on the powers of DGRS trustees to distribute funds to retirees. 

Protest last year against Bing cutbacks

Council will hold a public hearing on the ordinance, introduced and supported by Council member Saunteel Jenkins, on Tues. Nov. 29 at 9:30 a.m. It plans to vote on the ordinance later that morning. (Click on Proposed pension ordinance for summary of ordinance.) 

“These kinds  of changes in pension plans are mandatory subjects of bargaining, and would have to be negotiated and agreed to by the parties,” John Riehl told council Nov. 22.   

Riehl, a DGRS trustee and president of Local 207 of the American Federation of State, County and Municipal Employees, spoke at a hearing which had to be rescheduled to Nov. 29 because notice of the hearing did not include mention of the 13th check. 

He noted that the Michigan Supreme Court declared pension changes a mandatory subject of bargaining as part of their decision in DPOA  v. Detroit, 391 Mich 44 (1974). 

John Riehl addresses council during rally against water takeover Jan. 27, 2011

Bing first raised the idea of taking the 13th check and reducing city contributions to the pension systems during his April 12 budget address, after which he met with system trustees. 

“This is a double whammy on the people” Riehl said, referring to an agreement made during that meeting. “We already agreed to allow the city to spread out their payments into the system over a longer period of time.” 

William Williams is a city bus driver and officer of Amalgamated Transit Union Div. 26. 

“I’ve been in this city all my life,” he told the council. “I’m one of those who stayed when all my friends were moving to Houston and Dallas. It almost brings me to tears to see the city try to fix its condition on the workers’ backs. We’ve given and we’ve given and we have no more to give.” 

Cornell Squires

Cornell Squires is a former City of Detroit EMS technician, retiree and community activist.

He told VOD, “American Axle got city tax abatements but went overseas,” he said.  “The Downtown Development Authority and DTE don’t pay taxes.  Tell Illitch and all those people running the Fox Theater, Comerica Park,  and the casinos, making money every day to come and contribute, not just the workers. It was the people and city workers who  kept Detroit going. They’re building up ‘Midtown,’ but there’s no development in the neighborhoods. There are 72.000 vacant parcels. People could come together like on Angels’ Night if they had the money, they could take all the vacant buildings, turn them into gym shoe plants and other factories and provide jobs for city residents who pay taxes.”

DDOT bus driver William Williams talke with City Council members James Tate and Brenda Jones after bus drivers' walk-out Nov. 4, 2011

The Detroit Police and Fire Retirement System does not provide a 13th check at this time, according to a published statement by Paul Stewart, Vice-President of the Detroit Police Officers Association (DPOA). He notes, “The DPOA continually tries to obtain such a benefit by negotiations with the City of Detroit. However, so far we have not yet accomplished such a benefit, but we will continue to do so.” 

Jenkins told Detroit’s Channel Four News on Nov. 9, “There’s one study done that said if we had not distributed 13th checks there would be about $1.9 billion dollars more in the pension system today.” 

Saunteel Jenkins, Carl Bentley of Strategic Staffing Solutions, a city and county contractor, at Oakland County Executive L Brooks Patterson's birthday party; they are evidently an "item" as they are featured as a couple in numerous society photos

However, Bing and the Council are not worried about putting more money in the pension system, which is quite solvent. A previous effort to eliminate the 13th check, during the administration of Mayor Kwame Kilpatrick, was intended to funnel the pension systems’ excess earnings back into the City of Detroit’s general fund. Voters defeated the ballot proposal resoundingly. 

Before her election, Jenkins told The Michigan Citizen, which endorsed her, James Tate and Andre Spivey, that although she supported privatization “as a last resort,” she respected the role of labor negotiations. (For MC story, click on http://michigancitizen.com/detroit-city-council-endorsements-p7920-1.htm.)

During his first term, Bing attempted to sabotage both of the city’s pension systems, worth $6 billion. He supported four bills in the state legislature that would have merged the systems into the Michigan Employee Retirees System (MERS), a state-wide system, whose board has no Detroit representatives and is all-white. 

Highland Park retirees reported that when MERS took their system over, they frequently failed to get their monthly checks on time. 

Municipal Employees' Retirement System (MERS) board membes

Council members in office at that time passed a resolution against the takeover. Bing’s  effort later failed because the bills were introduced prior to the Rick Snyder and Republican takeover of state government. 

Public Act 4, however, contains a provision that calls for a mandatory takeover of municipal pension systems if their funding level falls below 80 percent, among other attacks on public pensions.

Both Detroit systems are funded well above that mark, but the systems filed a lawsuit to overturn PA 4 in April (click on http://voiceofdetroit.net/2011/05/03/detroit-pension-systems-file-federal-suit-against-pa-4-broad-coalition-also-expects-to-take-legal-action/ ) 

Unfortunately, the suit was assigned to U.S. District Court Judge Sean Cox, a rabid Federalist right-winger and supporter of the Snyder agenda. He dismissed the suit Sept. 29, 2011, but the systems appealed their case to the U.S. Sixth Circuit Court of Appeals on Oct. 26 of this year.

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THE THEFT OF AMERICA: CORPORATIONS ARE NOT PEOPLE

Posted on 11/25/2011 by Diane Bukowski

BOOK REVIEW

By JOHN KAVANAGH

“Unequal Protection: How Corporations Became People and What You Can Do to Fight Them Back” by Thom Hartmann 

U.S. Supreme Court never voted on seminal decision in Santa Clara County v. Southern Pacific Railroad Company 

In my opinion, May 10, 1886 was the most corrupt moment in United States history.  To me, it even dwarfs the Constitutional Treason of Bush v. Gore! That was the date the U.S. Supreme Court ruled on Santa Clara County v. Southern Pacific Railroad Company, 118 U.S. 394 (1886). 

The decision helped lay the foundation for modern laws regarding corporate personhood,  that the Fourteenth Amendment equal protection clause applies to corporations as well as people.

 I consider it to be the most important book in our history.  Mr. Hartmann strips away the nonsense surrounding the Santa Clara County v. Southern Pacific Railroad case upon which the legal fiction of corporate “personhood” was purportedly based.  Mr. Hartmann makes it clear that the question whether or not corporations share in the concept of “personhood” as embodied in the last paragraph of the Fourteenth Amendment was never voted on by the Court.  

Hartmann notes that the usual practice when announcing a decision in a Supreme Court case was to have the author of the majority opinion start reading the decision immediately.  However, with regard to the Santa Clara-Railroad case, the Chief Justice made a statement prior to the reading of the decision:  

Wall Street protester

“The court does not wish to hear argument on the question whether the provision in the Fourteenth Amendment to the Constitution, which forbids a state to deny to any person within its jurisdiction the equal protection of the laws, applies to corporations.  We are of the opinion that it does.”  

If the Court did not vote on the question of corporate “personhood” how did that notion become enshrined in our legal history?

Hartmann says, “It was in the Headnote!”  

As Hartmann implies later in the first chapter, it amounted to collusion between the Chief Justice and the Court Reporter.  The Reporter, a “gentleman” by the name of J. C. Bancroft Davis, put the Chief Justice’s comment into an introductory paragraph before the actual decision was printed and inserted the word “all” into the Chief Justice’s comment:  “We are ALL of the opinion that it does.”

If you reread the fifth paragraph above you can see the discrepancy.  Hartmann goes into great detail about the Chief Justice and the court reporter and their dealings over that “Headnote”.   In my opinion, it boils down to that word “all”.  In effect, the Chief Justice and the Court Reporter inserted a decision where there had not been a decision.  They “voted for” the other Justices.  

I consider that action to have been the “Highest Crime” in American history.  

I would further note that a dead person can be Impeached!  Impeachment doesn’t have to do with criminality.  It cannot carry any penalty other than suggesting that the Impeached person did something that was dishonorable.  

As corporations reel out of control I would suggest that one of the most needed actions on the part of Congress is the Impeachment of that Chief Justice!  

Who was that Chief Justice?  His name was Morrison Remick Waite.  President Grant had nominated six judges to replace Salmon P. Chase when Chase died.  None of them could get Senate Approval.  His seventh nominee, Waite, got instant Senate confirmation:  Waite was a railroad lawyer!  

The railroads stole the Constitution!  And, Congress let them do it!   

Hartman: Chapter 2–The Corporate Conquest of America

“While corporations can live forever, exist in several different places at the same time, change their identities at will, and even chop off parts of themselves or sprout new parts, the chief justice of the U.S. Supreme Court, according to its reporter, had said that they are “persons” under the Constitution, with constitutional rights and protections as accorded to human beings. Once given this key, corporations began to assert the powers that came with their newfound rights.”   Continue reading →

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“BLACK FRIDAY:” BUYERS BEWARE! SUPPORT BUY NOTHING DAY!

Posted on 11/25/2011 by Diane Bukowski

By Terah Ann Green-Von de’Rocque, an Occupy Detroit participant

This Black Friday; be a part of the solution and not a part of the problem.  Instead of supporting corporations, their corruption and greed; Protest Black Friday!  If you should have the need or desire to shop during or around Black Friday, at least, support, non-corporate, local, small owned businesses.   

Buy Nothing Day (BND) is a 20 year old international day of protest against consumerism which plans to organize a whirly mart, Santa sit-in or Jesus walk.  

Please visit the links below to join in with other Black Friday protests near you.

http://www.adbusters.org/campaigns/bnd; http://www.occupy-detroit.us/

http://www.facebook.com/?ref=logo#!/events/297293540295085/

http://www.facebook.com/?ref=logo#!/events/282656868446232/

http://www.facebook.com/?ref=logo#!/events/191449514274422/

At about the age of 24, just graduating with my first degree and just starting a new job, making a little more than a livable wage; I didn’t understand the magnitude of Consumerism.  Once I had started working along came the credit card offers.  Sometime around Thanksgiving, of that year, I remember going into a Black Friday frenzy, running into stores and running up around $10,000 in credit card debt within a month. 

Ten years later, and still to my wonderment, I still question what I could have ever bought which came up to $10, 000 in a month?  In some manner, I can remember computers and the internet were new and popular and so, of course, I had to have those.  There were all new types of electronics such as beepers and cell phones, new furniture, clothes, shoes, and on and on but I still don’t know how or why I ever bought those things or, actually, why I don’t even have any of those, today.  I now wonder what ever did possessed me to do this? 

The devil didn’t make me do it but, clearly, something did.  I was just out of college, just had started working a new job and, in a crude way of speaking, I, barely had a pot to pee in or a window to throw it out.  I was living in a small apartment, didn’t own a house, had a car which was not paid for but I was spent $10, 000 in a month?  In essence, something, surely, possessed me to put the cart before the horse and have confidence in buying things way before I could even afford them, even more, way before I could even make the money to pay for them. 

For short, I blame that urge which possessed me to be Consumerism.  The idea of Consumerism, in some short version, has been described as a social and economic order based upon the systematic idea for fostering the desires in people to purchase and consume goods and services in ever increasing amounts and in excess of basic human needs. 

Overall, in this generation, Consumerism appears to be a psyche, an Ideology and, strongly, engrained in the values and rituals of American culture.  Furthermore, Consumerism appears to translate into a generation over-consumed in over-consumption, greed and wastefulness and a main reason for the many social and economical woes our generation now faces.   Continue reading →

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DETROITER SEAN BROWN’S MOVIE “MY STEP KIDS”: LOCAL PREMIERE SAT. NOV. 26 4 P.M.

Posted on 11/24/2011 by Diane Bukowski

 

Please RSVP to attend, online at: bupfilms@yahoo.com , http://www.bupfilms.org  or facebook.com/bupfilmsinc

 

 

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BANKS FINANCING DRUG CARTELS: ADMITTED IN WELLS FARGO DEAL

Posted on 11/23/2011 by Diane Bukowski

 

Banks Financing Mexican Drug Cartels; Admitted in Wells Fargo Deal         

From: TRUTH IS TREASON  http://tinyurl.com/4xyj8jw

Posted on Jun 29, 2010

Source: New York Times 

The Wachovia Bank, a unit of Wells Fargo & Company, has agreed to pay $160 million to settle accusations that it laundered Mexican drug money. 

Under the agreement, Wachovia will forfeit $110 million, representing the proceeds of illegal narcotics sales that were laundered through the bank, the United States attorney’s office in the Southern District of Florida said. 

The bank will pay an additional $50 million fine to the Treasury. 

Hayden’s Note:

Want to know the highly ironic part of all of this Mexican drug cartel / money laundering business?  Ultimately, the largest US bank of them all, the Federal Reserve, is taking their piece of the pie in the form of a $50 million dollar fine from Wachovia.  How’s that for money laundering? 

Drug money is cleansed through these smaller banks -> they “get in trouble” by the Justice Dept and Treasury -> they quickly agree to admit fault and pay a ‘penalty’ to avoid indictment or conviction-> the “fines” they pay reflect the amount of “drug money” -> which gets laundered once again through the Treasury and Federal Reserve -> Fed Reserve makes profit and interest from lending drug proceeds. Wow.

Source: Bloomberg  via Cryptogon

 That there is institutional collusion with drug traffickers is the stuff of Captain Obvious at this late stage of the game, but this Bloomberg piece is pretty good. 

Banks Financing Mexico Gangs Admitted in Wells Fargo Deal 

Just before sunset on April 10, 2006, a DC-9 jet landed at the international airport in the port city of Ciudad del Carmen, 500 miles east of Mexico City. As soldiers on the ground approached the plane, the crew tried to shoo them away, saying there was a dangerous oil leak. So the troops grew suspicious and searched the jet. 

They found 128 black suitcases, packed with 5.7 tons of cocaine, valued at $100 million. The stash was supposed to have been delivered from Caracas to drug traffickers in Toluca, near Mexico City, Mexican prosecutors later found. Law enforcement officials also discovered something else. 

The smugglers had bought the DC-9 with laundered funds they transferred through two of the biggest banks in the U.S.: Wachovia Corp. and Bank of America Corp., Bloomberg Markets reports in its August 2010 issue. 

This was no isolated incident. Wachovia, it turns out, had made a habit of helping move money for Mexican drug smugglers. Wells Fargo & Co., which bought Wachovia in 2008, has admitted in court that its unit failed to monitor and report suspected money laundering by narcotics traffickers — including the cash used to buy four planes that shipped a total of 22 tons of cocaine.  Continue reading →

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BANKS’ EARNINGS SURGE IN SUMMER

Posted on 11/23/2011 by Diane Bukowski

Gov. Snyder is threatening Detroit with an emergency manager while banks rake in $35 billion in last three months; he has already cut tens of thousands of Michigan families off public assistance. MAKE THE BANKS PAY!

Fewer institutions are on ‘problem’ list

Nov. 23, 2011  

 By Derek Kravitz

Associated Press

WASHINGTON — Bank earnings rose over the summer to their highest level in more than four years, while the number of troubled banks fell for the second straight quarter, federal regulators reported Tuesday. 

The Federal Deposit Insurance Corp. said the banking industry earned $35.3 billion in the July-September quarter. That’s up from $23.8 billion in the same period last year.

More than 60% of banks reported improved earnings. 

Happy Bankster

The better earnings and fewer troubled banks suggest that the industry is steadily improving from the depths of the 2008 financial crisis. 

“Bank balance sheets are stronger in a number of ways, and the industry is generally profitable, but the recovery is by no means complete,” said Martin Gruenberg, FDIC’s acting chairman.

The FDIC also said there were 844 banks on its confidential “problem” list in the quarter, or roughly 11.5% of all federally insured banks. 

That was down from 865 in the April-June period, which was the first quarter in five years to show a decline. 

Banks with assets exceeding $10 billion drove the bulk of the earnings growth. 

They made up 1.4% of all banks but accounted for about $29.8 billion of the industry’s earnings in thethird quarter. 

Those are the largest banks, such as Bank of America, Citigroup, JPMorgan Chase and Wells Fargo. Most of these banks have recovered with help from federal bailout money and record-low borrowing rates.

FDIC officials say the bulk of the gains were because banks, especially credit card companies, set aside less money for potential losses. 

In the July-September period, banks put aside $18.6 billion. That’s the lowest amount in four years.

But the industry continues to struggle with flat growth in loans. Banks’ loan balances increased $21.8 billion in the third quarter. 

That was a modest gain. But it marked the second-straight quarter in three years that balances have grown, the FDIC said.

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STATEWIDE COALITION TO REPEAL EM LAW CONTINUES TO GROW AS DETROIT, FLINT BECOME TARGETS

Posted on 11/22/2011 by Diane Bukowski

 

By Michigan Forward,Repeal Public Act 4
 
Nov. 4, 2011

Stand Up for Democracy is announcing it has verified more than half of the 250,000 signatures the group wants to collect. Only 161,304 valid signatures are needed to freeze the emergency manager law and put it on the November 2012 general election ballot. Leaders representing more than 3,500 volunteers from across the state held a teleconference call today detailing many of their successes.

Rick-tator Snyder signs PA 4 into law

The petitions call for a vote to repeal the emergency manager law that gave them sweeping powers,including the ability to:

– Seize and sell public assets without a court order

–  Remove elected officials from office without due process

–   Dissolve or merge cities,townships and school districts without a popular vote

– Break binding contracts and eliminate collective bargaining rights at will

–  Close vital public services without a public hearing

“The law is a naked power grab byLansing politicians,” said Traverse City resident Amy Hardin,from Reject Emergency Managers, a member group of Stand Up for Democracy.

“This law has disenfranchised over 550,000 registered voters and counting,we must strike down this law immediately for the sake of Michigan Democracy. Emergency managers are dictators over local communities who rule with impunity;threaten our Democracy and local rights. Michigan’s communities can’t continue to sell public services,layoff employees and create local policy and ordinances without community input,” said Brandon Jessup,Chairman & CEO of Michigan Forward and member of Stand Up for Democracy. 

 “We’ve documented the ills of this odious law in our mini-documentary released on Labor Day. This coalition is the elixir for communities under the dictatorship of emergency management and those facing possible takeover we are champions for Democracy and we encourage all Michigan voters to with us.” Jessup said.

For more information go to http://StandUp4Democracy.com/,email us at  StandUp4Democracy@gmail.com or call 1-866-306-5168.

 

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RICK SNYDER & P.A.4 DEALT ANOTHER BLOW FROM MICHIGAN SUPREME COURT

Posted on 11/22/2011 by Diane Bukowski

Wanda Hill and George Moon oppose Public Act 4 at large rally in Benton Harbor, its first victim

 
posted this on November 3rd, 2011

Back in August, Michigan Governor Rick Snyder sought to bypass the normal court process and asked the Michigan Supreme Court to make a decision on the lawsuit challenging Public Act 4, the so-called Emergency Manager Law. (Details on the lawsuit filed by the Sugar Law Center and the Center for Constitutional Rights can be found HERE.)

Sugar Law Center proceeded to file a response challenging that request in September.

Today the Supreme Court spoke and the news, once again, is not good for the Governor. (I say “once again” because the Supreme Court already smacked down Governor Snyder just last week.) Instead of accepting Governor Snyder’s request to bypass the normal judicial process, they have asked both parties to submit briefs in support of their positions regarding the Governor’s request. The order is HERE (pdf).

It reads as follows:

The Executive Message of the Governor pursuant to MCR 7.305(A) was received on August 12, 2011, requesting that this Court direct the Ingham Circuit Court to certify certain questions for immediate determination by this Court. In lieu of acting on the Governor’s request at this time, we DIRECT the plaintiffs and the defendants to file with this Court by December 14, 2011, briefs, including a statement of facts, in support of their positions on the questions posed by the Executive Message of the Governor. The parties shall address:

  1. whether the requirements of MCR 7.305(A) have been met;
  2. whether the urgency of the request under MCR 7.305(A) is mitigated by MCR 7.302(B)(4)(b), which allows a party to request this Court to bypass review by the Court of Appeals after “a ruling that a provision of . . . a Michigan statute . . . is invalid”;
  3. whether 2011 PA 4 violates Const 1963, art 3, § 2 (separation of powers), or art 4, § 1 (legislative power), in its authorization of an emergency manager;
  4. whether 2011 PA 4 violates Const 1963, art 4, § 29 (local or special acts) by permitting an emergency manager to exercise powers of a local governmental unit;
  5. whether 2011 PA 4 violates Const 1963, art 7, § 22 (charters, resolutions, ordinances, enumeration of powers) by allowing an emergency manager to exercise powers of a local governmental unit;
  6. whether 2011 PA 4 violates due process rights set forth in Const 1963, art 1, § 17, or violates any right that is retained in Const 1963, art 1, § 23, by allowing an emergency manager to assume the power and authority of a local governmental unit;
  7. whether 2011 PA 4 violates Const 1963, art 7, §§ 21, 22, and 34 (provisions for local government) by allowing an emergency manager to assume the power and authority of a local governmental unit;
  8. whether 2011 PA 4 violates Const 1963, art 9, § 29 (Headlee Amendment) by requiring the local government for which the emergency manager is appointed to pay for certain costs associated with the emergency manager.

The Executive Message requesting the bypass remains under consideration.

While most of these items are pretty self-explanatory, the first couple warrant a bit of explanation. [I’m not an attorney so, if any attorneys out there spot something wrong in my analysis, please let me know.]

The first item references Michigan Court Rules (MCR) Subchapter 7.300 which cover the Supreme Court. Section 305 (A) allows parties to ask the Supreme Court to skip reviews by lower courts and the Appeals Court (which is the last stop for appeals before the Supreme Court) if “the question is of such public moment as to require early determination according to executive message of the Governor addressed to the Supreme Court”. Snyder’s request was an “Executive Message”. So the first item is basically asking “did he meet this requirement?”

The second item refers to MCR 7.302(B)(4)(b) which allows for appeal directly from a lower court to the Supreme court if it “is from a ruling that a provision of the Michigan Constitution, a Michigan Statute, a rule or regulation included in the Michigan Administrative Code, or any other action of the legislative or executive branch of state government is invalid”. In this case, we’re talking about a Michigan Statute (that’s what Public Act 4 is) so, if the Ingham Circut Court rules that it is invalid, the Snyder administration can then leapfrog the Appeals Court and go directly to the Supreme Court under this rule. So, the second item basically asks “is this ‘urgency’ made less urgent by the fact that the Snyder administration will be able to do this if the Circuit Court rules against them?”

The fact that the Supreme Court didn’t agree to Governor’s Snyder’s request suggests that his case is weak. The lower courts are normally the place where discovery happens; where both sides present their facts and arguments. These are then used in subsequent decisions. The Supreme Court seems to be signalling that things aren’t so cut-and-dry as the Governor suggests they are and that they need more information. If that is the case, it seems to me that they will be inclined to let the normal judicial process play out as it should. They’ve also made it clear that they are not lapdogs for the Republican Party. Recall that the Supreme Court has issued smackdowns to Rep. Paul Scott regarding his recall no less than three times recently as well.

The Sugar Law Center issued a press release welcoming this decision.

“Instead of immediately granting the governor’s request to take up this case, the Supreme Court is challenging the Snyder administration to address why an urgent appeal short-circuiting the normal judicial process is necessary ,” said Tova Perlmutter, Executive Director of the Sugar Law Center. […]

Sugar Law’s Legal Director, John Philo, said the appropriate place for the case for the facts to be developed and to be first heard is in Ingham County Circuit Court. Philo has asked the court to reject the administration’s request to bypass the trial court and make an immediate decision in the case.

“Initial fact-finding and critical evidence occurs at the circuit court level,” said Philo. “This is why we have an established judicial system and for the governor to want to skip that process is troubling.”

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CITY’S TOP CROOKS (MAYOR, COUNCIL), ERNST & YOUNG COOK THE BOOKS, DEMAND WORKERS, RESIDENTS PAY

Posted on 11/21/2011 by Diane Bukowski

 

VOD COMPILED CHART ABOVE, BASED ON ERNST & YOUNG REPORT

  • Mayor, City Council plan severe cuts based on faulty report
  • Even Ernst & Young disavows results: “reliance on this report prohibited by any third party”  

By Diane Bukowski 

Analysis  

November 21, 2011  

Mayor Dave Bing with buddies the Rev. "Swindell" Anthony and Confederate flag waving Kid Rock

DETROIT – Mayor Dave Bing and the City Council are basing their demands for up to 2,300 lay-offs, an increase in city income taxes,  privatization and/or regionalization of Public Lighting, D-DOT and Health, 10 percent wage cuts, and 30 percent health care co-pays (amounting in reality to a 300 percent increase in all health costs), on a financial report from Ernst & Young that  may be no more than another example of Wall Street cooking the books.  

The report claims the city will face a $44.1 million cash “shortfall” by June 30, 2012. But EY disowns the report in a disclaimer, prohibiting reliance on it by “third parties.” Their report also makes clear that the “shortfall” is primarily due to the city’s debt payments. 

Bing and the Council have talked about “shared sacrifice” from workers and residents, and even miniscule corporate cuts and taxes along with the $220 million the state owes Detroit (and, as Bing admitted on Channel 4’s “Flashpoint” Nov. 20, will not pay any time soon, such as before June 30.)  

Occupy Wall Street protesters target the banks

But the one entity they have left out of the discussion is THE BANKS!    

How could they miss that? What have tens of thousands of people been occupying Wall Street and more than 100 cities across the U.S. about? IT’S THE BANKS, STUPID!  

According to Ernst & Young’s figures, the banks will get over one half-billion dollars from the city this year. Previous analyses by VOD show that half of that is interest. SO MAKE THE BANKS PAY  the alleged $44 million cash shortfall out of the interest. After all, they got ftrillions from taxpayers in bail-outs.

In the 1930’s, Detroit Mayor Frank Murphy declared a moratorium on the city’s debt to the banks and campaigned for national legislation to allow it.

After his address to the city Nov. 16 (see video below) Bing published the EY report on the city’s website, first discussing it in an illegal secret session with the City Council October 26. (Click on Ernst Young Cash Flow Update[1] for the entire 29 PAGES of the report, which the  city paid EY $1.7 million to produce.)  

While this reporter is not an accountant or a rocket scientist, as most Detroiters are not, one really only needs common sense to review the report and see what’s wrong.  

Even Ernst & Young, a global auditing firm which faces lawsuits from New York and New Jersey for cooking Lehman Brothers’ books before the sub-prime mortgage meltdown, disowns the report.  

In a strict disclaimer, it states on page 29 that the “Cash Flow Forecast Report” is the product solely of City of Detroit management. (Are they afraid of being sued again?)

“With respect to prospective financial information relative to COD, Ernst & Young LLP (“EY”) did not examine, compile or apply agreed upon procedures to such information in accordance with attestation standards established by the AICPA [American Institute of Certified Public Accountants] and EY expresses no assurance of any kind on the information presented. EY did not assist in the preparation or assembly of COD’s prospective financial information or in the development of any assumptions therein.”  

Robbing the poor to pay the rich: Council members (l to r) Gary Brown, Saunteel Jenkins and Charles Pugh have all demanded that tcity workers take more concessions

The disclaimer concludes, “Accordingly, reliance on this report is prohibited by any third party as the projected financial information herein is subject to material change and may not reflect actual results.”

(Excuse me–does that include third parties like the city’s unions and workers, who are to be at the table with first party Bing Nov. 22 to “negotiate” possible concessions, the city’s residents, and even — heaven forbid–the City Council?) 

VOD compiled a summary of key information from the report, which includes the city’s actual and projected receipts, disbursements, and debt payments, from July 1, 2011 through June 30, 2012. Review the chart above–hopefully it won’t spoil your turkey day.

For those who missed it, below is the video of Bing’s vaunted speech to the city Nov. 16. But, poor man, despite the fact that he demanded 1,000 lay-offs, a 10 percent wage cut and health care cuts from the city workers, the City Council and the city’s daily media declared him a total wuss with not enough backbone to bring in the guillotine.

More on what our illustrious City Council members views shortly.

 

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