Category: Reprints from others.

And he was a lawyer? “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here

Rep. Eric Swalwell, D-Calif., listens as Sen. Jack Reed, D-R.I., speaks during a news conference on the introduction of their Protection from Abusive Passengers Act at the U.S. Capitol Building on April 6, 2022 in Washington. (Photo by Anna Moneymaker/Getty Images) (Anna Moneymaker/Getty Images)

First I’m not and never have been a lawyer. But having been in law enforcement and been involved in several lawsuits tells me that Swalwell made the right choice getting out of the legal field cause he has no clue. Jonathan Turley sets him straight.

By Jonathan Turley | Fox News

The fault lines for the 2024 elections are already taking shape with the two parties in diametrically opposed positions and there is no greater divide than over parental rights. That stark difference was no more evident than in a tweet from Rep. Eric Swalwell who mocked the notion of parents making major decisions in the education of their children.

The California Democrat insisted that it is akin to “putting patients in charge of their own surgeries? Clients in charge of their own trials?” Swalwell declared: “Please tell me what I’m missing here … This is so stupid.”

What Rep. Swalwell, a lawyer, is missing is called informed consent. Since he asked for assistance, let’s deal with each in turn.

Patients and medical consent

American torts have long required consent in medical torts. Indeed, what Swalwell seemed to suggest would be battery for doctors to make the key decisions over surgical goals or purposes. Indeed, even when doctors secured consent to operate on one ear, it was still considered battery when they decided in the operation to address the other ear in the best interests of the patient. Mohr v. Williams (Minn. 1905).

In Canterbury v. Spence the court rejected claims that a physician can make key decisions given “the patient’s right of self-determination.” Thus, doctors in the United States do have to secure the consent of patients in what they intend to do in surgeries or other medical procedures. (There are narrow exceptions such things as “substituted consent” or emergencies that do not apply here).

Ironically, California has one of the strongest patient-based consent rules. As the California Supreme Court stated in Cobbs v. Grant (1972): “Unlimited discretion in the physician is irreconcilable with the basic right of the patient to make the ultimate informed decision regarding the course of treatment to which he knowledgeably consents to be subjected.”

While obviously a patient cannot direct an operation itself, the doctor is expected to explain and secure the consent of the patient in what a surgery will attempt and how it will be accomplished. That is precisely what parents are demanding in looking at the subjects and books being taught in school. Moreover, that is precisely the role of school boards, which has historically exercised concurrent authority over the schools with the teachers hired under the school board-approved budgets.

Clients and legal consent

Swalwell is also wrong in suggesting that clients are not in charge of their own trials. Not only must attorneys secure the consent of their clients on what will be argued in trial, but they can be removed by their clients for failure to adequately represent their interests. It would be malpractice for a lawyer to tell a client, as suggested by Swalwell, that they do not control the major decisions in their own cases.

Ironically, the informed consent under defined in the Model Rules of Professional Conduct as the “agreement by a person to a proposed course of conduct after the lawyer has communicated adequate information and explanation about the material risks of and reasonably available alternatives to the proposed course of conduct”).

Obviously, lawyers must follow their own ethical and professional judgment in trials, and tactical choices are generally left up to the lawyers. However, the main objectives of the trial remain for the client to “knowingly and voluntarily assume” Metrick v. Chatz (Ill. App. Ct. 1994).

Much like the claim of parents, clients demand the right to reject a plan for trial and the arguments or means to be used at trial. This right of consent is ongoing and can be exercised at any point in the litigation.

Informed consent

Of course, the key to informed consent is that parents are given the information needed to secure their consent. School districts have been resisting such disclosures and pushing back on parental opposition to major curriculum or policy decisions.

What is most striking about Swalwell’s reference to patients and clients is that they, under his educational approach, have far more voice in a wart removal or a parking ticket challenge than the education of their children. If anything, his analogies support the call for greater parental knowledge and consent.

In other words, “what is missing here” is that Rep. Swalwell’s interpretation could constitute both medical and legal malpractice. It may also constitute political malpractice as both parties now careen toward the 2024 elections.

Tags The law

Links from other news sources. Reprints from others. Science

What say you? UK will use GPS fingerprint scanner to track people facing deportation

Post author By MC
Post date November 14, 2022
No Comments on What say you? UK will use GPS fingerprint scanner to track people facing deportation

The UK’s Home Office will use fingerprint scanners to verify identities reklamlar/Digital Vision Vectors/Getty Images

Article was first written at New Scientist

The UK’s Home Office will use a key fob-like device to track people who are subject to deportation orders 24 hours a day, meaning at any point they could be required to scan their fingerprints and confirm their location.

People who are subject to deportation orders in the UK will soon be required to carry a GPS-enabled fingerprint scanner at all times, so that the Home Office can verify their location and identity, New Scientist has learned. Privacy campaigners say the devices are a form of unnecessary biometric surveillance that could exacerbate people’s mental health problems.

The UK began using GPS-enabled ankle tags to track adult foreign-national offenders who are subject to deportation orders in August 2021. People in this position, also known as immigration bail, aren’t UK citizens and have committed a crime that resulted in a custodial sentence of more than 12 months or are considered to be “persistent offenders”. According to the most recent data, as of 30 September, 2146 people were being monitored in this way.

The new devices, which resemble a large key fob and are produced by Buddi, will be given to people on immigration bail soon, the Home Office has confirmed. They will track an individual’s location 24 hours a day. Lucie Audibert at Privacy International says the charity understands that the devices will be rolled out this autumn.

Users of the device will have to scan their fingers when prompted, to confirm their identity and proximity to the device. The Home Office wouldn’t say how often this will be required and hasn’t said explicitly why the fingerprint scanners will be better than ankle tags.

The whole article can be found here.

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Winning. Worldwide Oil and Gas Companies are expanding. Screw wind and solar.

Post author By MC
Post date November 11, 2022
No Comments on Winning. Worldwide Oil and Gas Companies are expanding. Screw wind and solar.

It does my heart good to see that companies worldwide are expanding production of oil and gas. We have this from our friends at Breitbart.

A German non-governmental organization (NGO) called Urgewald, which monitors carbon emissions, presented a report at the COP27 climate summit in Egypt that said nearly all of the oil and gas companies in the world are planning significant expansions over the next few years, in a dramatic rebuttal of the climate change movement’s demand for zero emissions.

“The outcome of our calculations is truly frightening: oil and gas companies’ short-term expansion plans are not in line with the net zero emissions course put forward by the IEA (International Energy Agency),” said Urgenwald’s Fiona Hauke.

Music to my ears.

Tags Oil and gas expansion

Daily Hits. Economy Links from other news sources. Opinion Reprints from others.

Team Biden doesn’t really care about energy prices.

Post author By MC
Post date November 9, 2022
No Comments on Team Biden doesn’t really care about energy prices.

Gaslight Joe and energy prices Illustration by Greg Groesch/The Washington Times Gaslight Joe and energy prices Illustration by Greg Groesch/The Washington Times

Editorial from The Washington Times.

Their policies are aligned to fight climate change — not lowering your prices at the pump

OPINION:

Earlier this week, President Biden just couldn’t resist exposing either his ignorance about energy, his hostility to affordable energy, or both.

He threatened oil companies with a tax on their profits. Such a tax would, of course, be paid for by consumers and — rather than increase production and reduce prices, like Mr. Biden says he wants — would do the exact opposite and reduce production and increase prices of gasoline and other oil products. Here’s a news flash: The president and his team don’t care.

The call for a tax on profits is the just like the proposed suspension of the federal gas tax, the very real emptying of crude oil from the Strategic Petroleum Reserve or the limits on exports that are currently being considered. All of these actions — and the associated tiresome rhetoric — are all intended to convince the voters that Team Biden really cares about high gasoline prices.

They don’t. They are perfectly content to have you pay high gas prices. There’s no way any of their fantasies about climate change can happen without high energy prices, specifically high oil and natural gas prices.

They just don’t want you to blame them for those prices. So, naturally, they are looking around for someone else to blame. It is no surprise that they’ve landed on oil companies.

Unfortunately for them, oil companies don’t set the price of oil. Neither does any one particular producer or consumer. The price is set in a global market with lots of buyers and lots of sellers who agree on a price and then exchange cash for oil. This sort of thing happens in all kinds of markets all over the planet each day.

Prices of oil are going up because demand is high relative to supply. Despite the lie the president tells you, this is not because of the war in Ukraine. That conflict has not prevented any Russian oil from coming to the global market.

The imbalance between demand and supply is primarily because of under investment in oil fields over the last decade. For example, Josh Young, the chief investment officer at Bison Energy, notes that investment in U.S. oil fields peaked in 2012 at about $16.5 billion dollars and dropped as low as $3.9 billion in 2021.

Last summer, the International Energy Agency concluded: “Our estimates for 2022 suggest that today’s aggregate fossil fuel investment is broadly aligned with the near-term needs of a scenario in which countries hit their climate pledges.”

In other words, the IEA acknowledges the reduced investment in oil and gas projects and considers it a good thing because that lack of investment will ultimately mean less oil and natural gas and, consequently, help countries meet their climate pledges. The IEA — like Team Biden — is mostly unconcerned about high energy prices.

While they are not responsible for global markets, Team Biden is responsible for the relentless downward pressure on American production of oil. Their emphasis on environmental, social, and governance-based investing means that investors are steered away from investments in oil and natural gas. The now routine propaganda — mostly from the government — about the mythology of net-zero greenhouse gas emissions and an energy “transition” that has destroyed Europe’s energy system and is chewing through its economy further drives under investment in oil and natural gas.

Is there a different answer?

Well, the Committee to Unleash Prosperity has estimated that American oil production would be about 30% higher (or about 3 million barrels a day more) if Team Biden had just kept President Donald Trump’s policies in place.

That would be too easy. Team Biden has no intention of addressing the underlying problem of national and global under investment in oil and gas production and refineries over the last few years. To the contrary, their actions — weaponizing financial regulators like the Securities and Exchange Commission against affordable energy, not allowing production on federal lands, even something as trivial as canceling the Keystone pipeline — indicate that they intend to make the problem worse.

If he were serious about the problem, Mr. Biden — or whoever is president nowadays — would clearly and directly reject notions of net zero, let go of the fantasy of banning gasoline-powered cars, and cease the jihad against oil and gas being waged by its own financial regulators.

The chances of all that happening are zero.

Mr. Biden and his crew want high gas prices. Those prices serve their purposes. All of the hand-waving and hand-wringing about oil companies and their profits, and all of the show associated with draining pretty much all of our strategic reserves, is a dangerous charade.

Tags Biden, High prices

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Why Progressive woman should be seen and told to shut up in PUBLIC.

Post author By MC
Post date November 8, 2022
No Comments on Why Progressive woman should be seen and told to shut up in PUBLIC.

(L) Colorado Senate Candidate Joe O'Dea (R) Colorado Democratic Sen Michael Bennet (Getty Images)

Leftist Politician wifes just can’t stand it when all the focus is on their husbands. So when someone pays attention to them, we get the real story. Thanks Fox for bring this out.

Sen. Michael Bennet, D-Colo., is getting blasted by his opponent as “radical” after his wife was recorded talking to two undercover journalists about how Democrats shouldn’t talk about what’s really in the Inflation Reduction Act and how they could defund the police “quietly.”

Susan Daggett, a law professor at the University of Denver, is seen on video released Monday by Accuracy in Media, arguing that “the most successful efforts in Washington, D.C., are the ones that you never see on the front page of the paper.”

At one point in the video, Daggett agrees and laughs with the two journalists who mused about Democrats disguising a health and climate bill as the Inflation Reduction Act.

“Right, don’t talk about it,” Daggett replied. “Just–just–yeah.”

Earlier in the video, Daggett argued that Democrats could do a better job getting their more radical agenda passed if they kept quiet about it.

“We’re talking about it for a half a second and let the temperatures come down, and then quietly allocate some funding to mental health, right, and to interventions that can help and maybe not call it police reform,” she said about defunding the police. “There’s just strategic ways to do it that would be just as effective but, you know, not raise the flag.”

Tags Radical views, Senators wife

Elections Politics Polls Reprints from others.

Poll(s): Democrat Party Loses Support Among Hispanic, Black Voters Before 2022 Midterms

Post author By Phoenix
Post date November 7, 2022
No Comments on Poll(s): Democrat Party Loses Support Among Hispanic, Black Voters Before 2022 Midterms

The Democrat party has lost Hispanic and black voter support since the 2020 election, two essential demographics the party needs to retain its fragile, intersectional coalition, according to a Wall Street Journal (WSJ) poll released Monday.

In August, Hispanic voters favored Democrats by 11 points. That lead has been cut to five points in October.

In just four years, Democrats have lost Hispanic support by 26 points.

The margin of five points in October is far less than in 2020 when President Joe Biden was favored over former President Donald Trump by 28 points. In 2018, Hispanics favored Democrats by 31 points.

A similar exodus from the Democrat party is seen among black voters. The poll found 17 percent of black voters would vote for a Republican in 2022. In 2020, that number was only eight percent, a nine point swing in two years. Eight percent also supported Republicans in 2018.

Black voters strongly oppose the Democrats’ policy of chain migration that is helping to cut Americans’ wages and raise their rents, according to data provided by Rasmussen Reports. https://t.co/LdF0b3zCVF
— Breitbart News (@BreitbartNews) March 11, 2022

The WSJ poll sampled 1,500 people from October 22-26, including 180 black voters with a 7.3 margin of error and 400 Hispanic voters with a 4.9 margin of error.

“It is wholly possible that Republicans reach a new high water mark among both African-Americans and Hispanic voters in this election,” Biden’s lead pollster, Tony Fabrizio, told the outlet.

The polling is notable because the Democrat Party has constantly won the black vote by huge margins since the 1960s when Democrat former President Lyndon Johnson from a southern state was able to solidify black support successfully. Modern-day Democrats have tried to bring Hispanic voters into their fold on the basis of forming an intersectional coalition among so-called marginalized groups.

But with the rise of crime, illegal immigration, and inflation, which disproportionally impacts less financially wealthy citizens, black and Hispanic voters have moved towards the Republicans.

The Democrats have launched two cringeworthy ads targeting Hispanic voters as the party continues to lose favor with that demographic. https://t.co/47pChS0LkB
— Breitbart News (@BreitbartNews) July 30, 2022

Monday’s polling numbers suggest Republicans will have significant gains in the 2022 midterm elections. Many races will likely be decided by one percentage point. Black and Hispanic voters could play a huge role in which party controls Congress.

Women are also leaving the Democrat party. Polling revealed last week that white suburban women have moved 27 points away from Democrats since August and now favor Republicans by 15 points. The demographic of white suburban women represent 20 percent of the electorate.

This article originally appeared on Breitbart.

Abortion rights? Emotional abuse How sick is this? Links from other news sources. Reprints from others.

Progressives want you to think that an Abortion is a sweet thing. Please read this. Just the facts.

Post author By MC
Post date November 7, 2022
No Comments on Progressives want you to think that an Abortion is a sweet thing. Please read this. Just the facts.

Left wishing abortion up to birth. SEBASTIAN KAULITZKI/SCIENCE PHOTO LIBRARY/ iStock/Getty

The left wants you to think that an abortion is just a in and out five minute procedure. Boogie out and dance to some Smokey Robinson tune.

See what you think after reading this.

National Public Radio’s (NPR) airing of a woman getting an abortion has sparked outrage amongst pro-life activists, while some say the audio may have the opposite effect than intended.

The graphic audio of the suction abortion on an 11-week-old unborn child was aired Thursday by the taxpayer-funded radio outlet by reporter Katie Wells. During the clip, a woman can be heard crying and moaning during the procedure, saying at one point, “I can’t,” before one of the workers says, “Yes, you can,” according to Wells.

I almost didn't want to tweet this but it's something everyone needs to know. NPR on the radio this morning played audio of a woman getting an abortion. You can hear the vacuum turning on, crying, moaning, and the doctor telling her it's done.

Warning: It's tough to listen to. pic.twitter.com/nlSNz0m5Ka
— Greg Price (@greg_price11) November 3, 2022

While the audio angered and saddened pro-life activists on social media, others pointed out that the audio shows the public the “gruesome reality” of an abortion procedure.

“It is horrifying and inappropriate for a taxpayer funded outlet to air the excruciating moments for child and mother of an abortion,” Susan B. Anthony Pro-Life America president Marjorie Dannenfelser told Fox News.

“It strikes me that by sharing the audio of a woman getting an abortion, NPR broke one of the foremost rules of abortion advocacy: Never admit or even hint at what happens in an abortion procedure,” tweeted Alexandra DeSanctis Marr of National Review. “The truth is far too awful to look at, particularly if you support abortion.”

“This is what Hell sounds like,” tweeted Lila Rose, President of Live Action.

“NPR thinks they’ve done the abortion industry a favor by highlighting the gruesome reality of undergoing an abortion. Instead, they’ve revealed exactly what the pro-life movement has always known: abortions hurt women and kill babies,” tweeted pro-life organization 40 Days for Life.

Breitbart News previously reported that NPR’s style guide urges its staff not to humanize abortion, which states, “a baby is not a baby until it is born.” The far-left outlet also uses the euphemism “aborting a pregnancy” instead of using “fetus” or “child.”

Tags Abortion

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Flipping a blue county to red tomorrow?

Post author By MC
Post date November 7, 2022
No Comments on Flipping a blue county to red tomorrow?

Fixing Education. Florida Governor Ron DeSantis. (James Gilbert/Getty Images)

This would be something to see this happen.

Republicans could be on the cusp of capturing Florida’s Miami-Dade County in Tuesday’s midterm elections, flipping a county that hasn’t voted for a Republican governor in 20 years.

“The way the numbers are going, they could win it, absolutely,” Democratic State Senator Annette Taddeo told the New York Times Saturday.

“Republicans will feel emboldened and take it as a playbook and go around the country to communities in Nevada and in California and in Virginia and in Pennsylvania,” Christian Ulvert, a Democratic political consultant in Miami, told the New York Times. “It should be a massive warning sign to Democratic leaders across the country.”

Taddeo’s fears of a Republican victory in Miami-Dade come as early voting data shows that more registered Republicans have currently voted than registered Democrats, a potentially ominous sign for Democrats, who depend on racking up an early voting lead ahead of a wave of Republic votes on election day.

Republicans have begun to express optimism in their chances as well, with Lieutenant Governor Jeanette M. Núñez declaring during a rally last month that the GOP will win Miami-Dade County come Nov. 8.”

The whole article can be found here.

Tags Blue Counties, Winnin

Leftist Virtue(!) Links from other news sources. Racism. Reprints from others. Sports

Nike suspends Irving but won’t suspend NBA coaches and players who promote hate and China.

Post author By MC
Post date November 6, 2022
No Comments on Nike suspends Irving but won’t suspend NBA coaches and players who promote hate and China.

Irving comments get him suspended. GP Photo

Nike suspends Irving but won’t suspend NBA coaches and players who promote hate and China. Irving made some comments on a bllk labeled as racist. But look at the comments and you be the judge. My issue is that when folks like LeBron and Nash make hate and racist comments, no suspension. Why? And the embracing of China by these folks Irving’s comments below.

“I am an OMNIST and I meant no disrespect to anyone’s religious beliefs. The “Anti-Semitic” label that is being pushed on me is not justified and does not reflect the reality or truth I live in every day. I embrace and want to learn from all walks of life and religions,” Irving wrote.

“History is not supposed to be hidden from anybody, and I’m not a divisive person when it comes to religion. I embrace all walks of life. You see it on all my platforms. I talk to all races, all cultures, all religions. And my response would be, it’s not about educating yourself on what Semitism is or what anti-Semitism is. It’s really about where the root words, where these come from and understanding that this is an African heritage that is also belonging to the people,” Irving said during the press conference on Thursday.

“I’m not comparing Jews to Blacks. I’m not comparing White to Black; I’m not doing that. That conversation is dismissive, and it constantly revolves around the rhetoric of who are the chosen people of God. And I’m not here to argue over a person, or culture, or religion on what they believe. Nah, This is what is here. It’s on a public platform. Did I do anything illegal?”

“So, I’m not going to stand down on anything that I believe in. I’m only going to get stronger because I’m not alone. I have a whole army around me.”

On Thursday, the Brooklyn Nets announced that Kyrie Irving will serve a suspension without pay over his failure to disavow antisemitism(?)

The Nets added that he is currently unfit to be associated with the team.

Tags Suspend them all.

Corruption How funny is this? Links from other news sources. Opinion Politics Reprints from others.

How funny is this? Race Baiter and White Plantationist to campaign together. Former Obama Attorney General Eric Holder to Campaign with Arizona Democrat Katie Hobbs

Drew Angerer/Getty Images, Mario Tama/Getty Images

I think we have a new odd couple. A person who blames all of black folks failures on white folks, and a person who believes that black folks can’t succeed unless a white person does it for them. The new version of Miami Vice. Holder and Hobbs.

The man who armed the drug cartels and the woman who has numerous incidents of racism against people of color.

Arizona Democratic gubernatorial nominee Katie Hobbs is holding a meet and greet with former Obama Administration Attorney General Eric Holder on Thursday in Phoenix.

We have this from Breitbart.

Holder has faced no accountability for the Department of Alcohol, Tobacco and Firearms Fast and Furious scandal, which saw thousands of guns walk to Mexico under his watch. In December 2010, some of the guns were used by members of a Mexican rip crew to murder border patrol agent Brian Terry.

Moreover, Hobbs has drawn scrutiny after one of her former employees in the Arizona State Senate, a black woman named Talonya Adams, successfully sued the legislative body for racial and sexual discrimination that she blames Hobbs for. Adams was awarded $2.75 million to Adams, but state law capped it at $300,000. Between lawyer fees and the payout, which was finally sent in September, the case has cost Arizona taxpayers $758,806.

Who can forget Hobbs high school starring role in Slave day?

Finally, last month Arizona up to 6,000 Arizona voters received faulty ballots only listing federal races under Hobbs’s watch due to a “voter registration error,” as the Associated Press reported. She stated that the error was corrected and the voters would soon receive complete ballots.

Patients and medical consent

Clients and legal consent

Informed consent

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.

Pass it on.