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	<title>Comments on: Echo Chamber - The Revolving Door</title>
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	<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/</link>
	<description>Unfair ... Imbalanced</description>
	<pubDate>Fri, 09 Jan 2009 04:27:25 +0000</pubDate>
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		<title>By: Rob W.</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21485</link>
		<dc:creator>Rob W.</dc:creator>
		<pubDate>Tue, 13 May 2008 14:21:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21485</guid>
		<description>I think I'll pass on the JD and on admitting I am a Nazi/ enemy of the people.

I don't know anything about these ethics laws or about how they are enforced; I hope I didn't imply that I did.  My point was that Laurin (who does know something about law) seemed to be looking at the laws by themselves, on their own merits, and stating that they are tough compared to other states.  ???, on the other hand, seemed to be looking at the enforcement and origin of the laws.  Of course we can understand a law by observing where it came from, but it's origin (and enforcement) are separate issues from the letter of the law.

I also reject that no good can come out of bad things like civil rights violations (although I would say that there is always more harm than good to come out of such actions).  Since you mentioned the Nazis, their medical experiments were horrendous and we would be better off if they had never been done; however, it obtained medical knowledge that was very useful, and declining to use this "tainted" knowledge would just put more people at risk.  My rough understanding of the "fruit of the poisonous tree" argument, in the specific context of law, is that it usually refers to evidence, not legislation.  Using it to talk about public policy decisions, while still valid, falls closer to the Nazi case than it does to cases of using tainted evidence.

One more thing- ??? states that the State Ethics Laws are a violation of civil rights, because they are unevenly applied and therefore run afoul of the equal protection clause included in the 14th Amendment.  I'm a bit confused- how does uneven enforcement of a law make the law itself a problem?  If the state only prosecuted, say, Asian murderers and let the all other ethnic groups get away with murder, that would be a gross violation of civil rights, but that wouldn't imply our murder laws are twisted or unfair.  It would just imply our government/ law enforcement/ court system was twisted and unfair.</description>
		<content:encoded><![CDATA[<p>I think I&#8217;ll pass on the JD and on admitting I am a Nazi/ enemy of the people.</p>
<p>I don&#8217;t know anything about these ethics laws or about how they are enforced; I hope I didn&#8217;t imply that I did.  My point was that Laurin (who does know something about law) seemed to be looking at the laws by themselves, on their own merits, and stating that they are tough compared to other states.  ???, on the other hand, seemed to be looking at the enforcement and origin of the laws.  Of course we can understand a law by observing where it came from, but it&#8217;s origin (and enforcement) are separate issues from the letter of the law.</p>
<p>I also reject that no good can come out of bad things like civil rights violations (although I would say that there is always more harm than good to come out of such actions).  Since you mentioned the Nazis, their medical experiments were horrendous and we would be better off if they had never been done; however, it obtained medical knowledge that was very useful, and declining to use this &#8220;tainted&#8221; knowledge would just put more people at risk.  My rough understanding of the &#8220;fruit of the poisonous tree&#8221; argument, in the specific context of law, is that it usually refers to evidence, not legislation.  Using it to talk about public policy decisions, while still valid, falls closer to the Nazi case than it does to cases of using tainted evidence.</p>
<p>One more thing- ??? states that the State Ethics Laws are a violation of civil rights, because they are unevenly applied and therefore run afoul of the equal protection clause included in the 14th Amendment.  I&#8217;m a bit confused- how does uneven enforcement of a law make the law itself a problem?  If the state only prosecuted, say, Asian murderers and let the all other ethnic groups get away with murder, that would be a gross violation of civil rights, but that wouldn&#8217;t imply our murder laws are twisted or unfair.  It would just imply our government/ law enforcement/ court system was twisted and unfair.</p>
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		<title>By: ???</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21428</link>
		<dc:creator>???</dc:creator>
		<pubDate>Tue, 13 May 2008 01:25:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21428</guid>
		<description>Indeed we were stunned. Funny how most of the Democrat trial lawyers I am associated with wanted the conservative judges promoted to Richmond, and out of South Carolina. Once again, political motives impede the way justice is served. And too bad the errors were not argued before the USSC. Nonetheless, it was obvious that the motivation for the prosecution was politically motivated, and succeded in reshaping the political landscape of South Carolina instead of implementing justice , without prejudice, for all.

We all have heard of legislating from the bench. I do believe with others that this was an attempt to politic from the bench. After all, innocent people went to jail, and when that happens we all fail.

And in conclusion, the State Ethics Commission(SEC) is basically a political weapon guised under color of law. And I would gladly take them into any Federal Court in the land. Republicans cry of McCain-Feingold, but support the SEC as long as it is convenient.Both limit contribution and campaign speech. But, when it becomes inconvenient(controlled by Democrats) then, they will protest as I am now.

Enjoyed the chat, out of town for a week. Have a nice one number 18.</description>
		<content:encoded><![CDATA[<p>Indeed we were stunned. Funny how most of the Democrat trial lawyers I am associated with wanted the conservative judges promoted to Richmond, and out of South Carolina. Once again, political motives impede the way justice is served. And too bad the errors were not argued before the USSC. Nonetheless, it was obvious that the motivation for the prosecution was politically motivated, and succeded in reshaping the political landscape of South Carolina instead of implementing justice , without prejudice, for all.</p>
<p>We all have heard of legislating from the bench. I do believe with others that this was an attempt to politic from the bench. After all, innocent people went to jail, and when that happens we all fail.</p>
<p>And in conclusion, the State Ethics Commission(SEC) is basically a political weapon guised under color of law. And I would gladly take them into any Federal Court in the land. Republicans cry of McCain-Feingold, but support the SEC as long as it is convenient.Both limit contribution and campaign speech. But, when it becomes inconvenient(controlled by Democrats) then, they will protest as I am now.</p>
<p>Enjoyed the chat, out of town for a week. Have a nice one number 18.</p>
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		<title>By: just to clarify</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21422</link>
		<dc:creator>just to clarify</dc:creator>
		<pubDate>Tue, 13 May 2008 00:14:19 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21422</guid>
		<description>Sorry; having trouble with the postings. I can't remember what happened with all of the defendants. Only 5 were covered in the Hawkins order. Some of the defendants pled, at least one passed away in the interim. (And one Senator who would have been a key defendant passed away before indictments came down, but that's a whole different story).  The big talk at the time was the Hawkins Order. There was a stack of copies of it at the clerk's desk because so many people wanted to read it.  Then, when the Fourth Circuit's opinion came out, people were stunned by how harsh the reversal was. The Court went far beyond what it needed to say in picking apart the errors.</description>
		<content:encoded><![CDATA[<p>Sorry; having trouble with the postings. I can&#8217;t remember what happened with all of the defendants. Only 5 were covered in the Hawkins order. Some of the defendants pled, at least one passed away in the interim. (And one Senator who would have been a key defendant passed away before indictments came down, but that&#8217;s a whole different story).  The big talk at the time was the Hawkins Order. There was a stack of copies of it at the clerk&#8217;s desk because so many people wanted to read it.  Then, when the Fourth Circuit&#8217;s opinion came out, people were stunned by how harsh the reversal was. The Court went far beyond what it needed to say in picking apart the errors.</p>
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		<title>By: ???</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21418</link>
		<dc:creator>???</dc:creator>
		<pubDate>Mon, 12 May 2008 23:25:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21418</guid>
		<description>And the balance of the defendants? LOL</description>
		<content:encoded><![CDATA[<p>And the balance of the defendants? LOL</p>
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		<title>By: Just to clarify. . .</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21408</link>
		<dc:creator>Just to clarify. . .</dc:creator>
		<pubDate>Mon, 12 May 2008 22:06:27 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21408</guid>
		<description>Actually, ???, Judge Hawkins' "blistering reversal" was harshly reversed by the Fourth Circuit in U.S. v. Derrick.  Case was remanded with instructions that the superceding indictments were improperly dismissed.  Thus, no civil rights claims could possibly follow, as the Court again recognized when some of the criminal defendants later tried to sue. . . .</description>
		<content:encoded><![CDATA[<p>Actually, ???, Judge Hawkins&#8217; &#8220;blistering reversal&#8221; was harshly reversed by the Fourth Circuit in U.S. v. Derrick.  Case was remanded with instructions that the superceding indictments were improperly dismissed.  Thus, no civil rights claims could possibly follow, as the Court again recognized when some of the criminal defendants later tried to sue. . . .</p>
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		<title>By: FYI</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21399</link>
		<dc:creator>FYI</dc:creator>
		<pubDate>Mon, 12 May 2008 21:36:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21399</guid>
		<description>Not to be picky, but Judge Hawkins' "blistering reversal" was actually mercilessly reversed by the Fourth Circuit in one of the most pointed opinions I had read from that Court up to that time. Case is Luther Taylor vs. U.S.  Follow-up civil suit against the prosecutors was slapped down, hard, as well.</description>
		<content:encoded><![CDATA[<p>Not to be picky, but Judge Hawkins&#8217; &#8220;blistering reversal&#8221; was actually mercilessly reversed by the Fourth Circuit in one of the most pointed opinions I had read from that Court up to that time. Case is Luther Taylor vs. U.S.  Follow-up civil suit against the prosecutors was slapped down, hard, as well.</p>
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		<title>By: JM</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21376</link>
		<dc:creator>JM</dc:creator>
		<pubDate>Mon, 12 May 2008 19:12:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21376</guid>
		<description>Rob W,
Get a JD son.The fruits of the poisonous tree is what "???" was stating. Anything that grows from civil rights being violated is poisonous which includes primarily, the state's ethics laws.

By the way, the whole firm here is laughing at you all. Truthseeker is right on mark.</description>
		<content:encoded><![CDATA[<p>Rob W,<br />
Get a JD son.The fruits of the poisonous tree is what &#8220;???&#8221; was stating. Anything that grows from civil rights being violated is poisonous which includes primarily, the state&#8217;s ethics laws.</p>
<p>By the way, the whole firm here is laughing at you all. Truthseeker is right on mark.</p>
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		<title>By: ???</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21360</link>
		<dc:creator>???</dc:creator>
		<pubDate>Mon, 12 May 2008 18:45:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21360</guid>
		<description>The theory is that the tree (original illegal evidence) is poisoned and thus taints what grows from it.</description>
		<content:encoded><![CDATA[<p>The theory is that the tree (original illegal evidence) is poisoned and thus taints what grows from it.</p>
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		<title>By: ???</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21357</link>
		<dc:creator>???</dc:creator>
		<pubDate>Mon, 12 May 2008 18:37:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21357</guid>
		<description>Equal protection clause in SC. LOL
"it’s actually one area of our state’s statutory law that doesn’t stink as bad as most states’"

Just another weapon for the bad guys to use at their discretion.</description>
		<content:encoded><![CDATA[<p>Equal protection clause in SC. LOL<br />
&#8220;it’s actually one area of our state’s statutory law that doesn’t stink as bad as most states’&#8221;</p>
<p>Just another weapon for the bad guys to use at their discretion.</p>
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		<title>By: ???</title>
		<link>http://www.fitsnews.com/2008/05/11/echo-chamber-the-revolving-door/#comment-21353</link>
		<dc:creator>???</dc:creator>
		<pubDate>Mon, 12 May 2008 18:35:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.fitsnews.com/?p=3575#comment-21353</guid>
		<description>Rob W,
I view the ethics laws as the "fruits of the poisonous tree" and to sum it up. 

Operation Lost Trust-Violation of Civil Rights(42USC1983)
State Ethics Laws-Violation of Civil Rights(equal protection)

The application of the above-cited were and are flawed so, how can someone in good conscience defend/advocate something that tainted both now, and then? Both are classic discriminatory application cases involving political views as being the basis for the prosecution thereof.

So, do you and Laurin think that either are fair and equally applied as required or just another long line of constraints designed to repress political discourse much like "Jim Crow"?

With regard to being a jerk, I will accept that if, you will agree you are a Nazi and not a friend to democracy.


Truthseeker,
Maybe someone should file a complaint against the state over the ethics laws or more specifically, the application thereof in a real court-Federal Court. I know you see the light. I always love to hear the rumours of the SEC being disbanded.</description>
		<content:encoded><![CDATA[<p>Rob W,<br />
I view the ethics laws as the &#8220;fruits of the poisonous tree&#8221; and to sum it up. </p>
<p>Operation Lost Trust-Violation of Civil Rights(42USC1983)<br />
State Ethics Laws-Violation of Civil Rights(equal protection)</p>
<p>The application of the above-cited were and are flawed so, how can someone in good conscience defend/advocate something that tainted both now, and then? Both are classic discriminatory application cases involving political views as being the basis for the prosecution thereof.</p>
<p>So, do you and Laurin think that either are fair and equally applied as required or just another long line of constraints designed to repress political discourse much like &#8220;Jim Crow&#8221;?</p>
<p>With regard to being a jerk, I will accept that if, you will agree you are a Nazi and not a friend to democracy.</p>
<p>Truthseeker,<br />
Maybe someone should file a complaint against the state over the ethics laws or more specifically, the application thereof in a real court-Federal Court. I know you see the light. I always love to hear the rumours of the SEC being disbanded.</p>
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