Article of Note; http://www.nytimes.com/2007/01/31/opinion/31bamford.html

Op-Ed Contributor
Bush Is Not Above the Law

By JAMES BAMFORD
Published: January 31, 2007
Washington

LAST August, a federal judge found that the president of the United States broke the law, committed a serious felony and violated the Constitution. Had the president been an ordinary citizen — someone charged with bank robbery or income tax evasion — the wheels of justice would have immediately begun to turn. The F.B.I. would have conducted an investigation, a United States attorney’s office would have impaneled a grand jury and charges would have been brought.

But under the Bush Justice Department, no F.B.I. agents were ever dispatched to padlock White House files or knock on doors and no federal prosecutors ever opened a case.
The ruling was the result of a suit, in which I am one of the plaintiffs, brought against the National Security Agency by the American Civil Liberties Union. It was a response to revelations by this newspaper in December 2005 that the agency had been monitoring the phone calls and e-mail messages of Americans for more than four years without first obtaining warrants from the Foreign Intelligence Surveillance Court, as required by the Foreign Intelligence Surveillance Act.

In the past, even presidents were not above the law. When the F.B.I. turned up evidence during Watergate that Richard Nixon had obstructed justice by trying to cover up his involvement, a special prosecutor was named and a House committee recommended that the president be impeached.

And when an independent counsel found evidence that President Bill Clinton had committed perjury in the Monica Lewinsky case, the impeachment machinery again cranked into gear, with the spectacle of a Senate trial (which ended in acquittal).

Laws are broken, the federal government investigates, and the individuals involved — even if
they’re presidents — are tried and, if found guilty, punished. That is the way it is supposed to work under our system of government. But not this time.

Last Aug. 17, Judge Anna Diggs Taylor of the United States District Court in Detroit issued her ruling in the A.C.L.U. case. The president, she wrote, had “undisputedly violated” not only the First and Fourth Amendments of the Constitution, but also statutory law, the Foreign Intelligence Surveillance Act. Enacted by a bipartisan Congress in 1978, the FISA statute was a response to revelations that the National Security Agency had conducted warrantless eavesdropping on Americans. To deter future administrations from similar actions, the law made a violation a felony punishable by a $10,000 fine and five years in prison.
Yet despite this ruling, the Bush Justice Department never opened an F.B.I. investigation, no special prosecutor was named, and there was no talk of impeachment in the Republican-controlled Congress.

Justice Department lawyers argued last June that warrants were not required for what they called the administration’s “terrorist surveillance program” because of the president’s “inherent powers” to order eavesdropping and because of the Congressional authorization to use military force against those responsible for 9/11. But Judge Taylor rejected both arguments, ruling that even presidents must obey statutory law and the Constitution.

On Jan. 17, Attorney General Alberto Gonzales unexpectedly declared that President Bush had ended the program, deciding to again seek warrants in all cases. Exactly what kind of warrants — individual, as is required by the law, or broad-based, which would probably still be illegal — is as yet unknown.

The action may have been designed to forestall a potentially adverse ruling by the federal appeals court in Cincinnati, which had scheduled oral arguments on the case for today. At that hearing, the administration is now expected to argue that the case is moot and should be thrown out — while reserving the right to restart the program at any time.
But that’s a bit like a bank robber coming into court and arguing that, although he has been sticking up banks for the past half-decade, he has agreed to a temporary halt and therefore he shouldn’t be prosecuted. Independent of the A.C.L.U. case, a criminal investigation by the F.B.I. and a special prosecutor should begin immediately. The question that must finally be answered is whether the president is guilty of committing a felony by continuously reauthorizing the warrantless eavesdropping program for the past five years. And if so, what action must be taken?

The issue is not original. Among the charges approved by the House Judiciary Committee when it recommended its articles of impeachment against President Nixon was “illegal wiretaps.” President Nixon, the bill charged, “caused wiretaps to be placed on the telephones of 17 persons without having obtained a court order authorizing the tap, as required by federal law; in violation of Sections 241, 371 and 2510-11 of the Criminal Code.”
Under his program, President Bush could probably be charged with wiretapping not 17 but thousands of people without having obtained a court order authorizing the taps as required by federal law, in violation of FISA.

It is not only the federal court but also many in Congress who believe that a violation of law has taken place. In a hearing on Jan. 18, the chairman of the Senate Judiciary Committee, Patrick Leahy of Vermont, said, “For years, this administration has engaged in warrantless wiretapping of Americans contrary to the law.”

His view was shared by the Senate Intelligence Committee chairman, Jay Rockefeller of West Virginia, who said of Mr. Bush, “For five years he has been operating an illegal program.”
And Senator Arlen Specter, the Pennsylvania Republican who is the ranking member on the Judiciary Committee, noted that much of the public was opposed to the program and that it both hurt the country at home and damaged its image abroad. “The heavy criticism which the president took on the program,” he said, “I think was very harmful in the political process and for the reputation of the country.”

To allow a president to break the law and commit a felony for more than five years without even a formal independent investigation would be the ultimate subversion of the Constitution and the rule of law. As Judge Taylor warned in her decision, “There are no hereditary kings in America.”

Today has to be a good one

So, yesterday wasn't such a good one. I get to work, all good.. locking down the 'man' when I get 'please call your daycare'

I guess michael was puking and had diarehhea. Gross! The worst part is, this is the third time in as many weeks I've had to go to my supervisor to leave work. First, it was pink eye; then it was a fever, now this. To top it all off, we got home and he was fine! Didn't puke, had no diarehhea. he ate lunch with me and drank 7-up (doctor's orders) Gah! Now I have the worst migraine on the planet. I convinced the kiddies we wanted to go to bed at 8pm and zonked out. This morning I feel better, and the kids are definitetly well rested.

I did see two rainbows on each side of the rising sun this morning, so please, please God, make today a good day, okay?

Working on an Aneurism

I love my life. I repeat this every day. Getting up at 7am (okay it's 7:20am) and rushing to drag my children out of MY bed (the expensive themed bed sets I got each one isn't good enough to sleep on) and rushing out the door by 7:45am..

pulling up just in enough time to get on the phones and listen to people bitch about their bills.

pulling change out of my ass for the vending machine, which should NEVER be expected to give you what you want immediately. It either gets stuck or takes about five minutes to drop.

Then getting out of work, going about eighty miles an hour to pick up the kids because god forbid I'm late.. wouldn't want to pay a late fee. Like it's some sort of library or movie rental place.

Oh by the way, I just did my taxes. I paid out 17% of my gross income to daycare alone.. AND THAT'S WITH GOVERNMENT ASSISTANCE! What is wrong with that?? I have to work to put them in daycare, and I have to put them in daycare to work. SOMEONE IS MAKING OUT!

So, anyways, I get the kids home, and it's quarter to six. I essentially have two hours to make dinner, do what ever laundry is needed for the next day, MAYBE even clean before baths and bedtime. Which, bedtime at this juncture is optional. The kids usually fall asleep on the couch or something until I'm ready to go upstairs.

One day we might make it to our OWN beds before 9pm. Better mom's would scold me, but eh.

I can't even think of the fact that Abby will be school age next year and she can't count past five. I want to sit down with her and show her how to write a letter, but half the time something else has me.. Like michael, or laundry, or staring off into space. I was thinking I'd buy some activity books for her to write in at the kitchen table..

OH WAIT ! I DON'T HAVE A KITCHEN TABLE!

Grr. just add it to the list.

along with ; new fridge, new dryer, a box spring that isn't cut down the middle, and an actual bed for michael with lots and lots of gates! (to keep him in his room and away from the staircase)

So now their asleep and I might be online. Fearing to go to sleep, because it means it all starts over again.

If anxiety doesn't kill me off, anxiety will.

My Little Angel

I couldn't leave out my sweet-pea, isn't she just the cutest thing with pink wings?

My Little Devil

My little devil, isn't he cute? Checking on the angels and what mischief he can get into

Some people

Yes, your going to tell me 'OMG another post involving chuck' So sue me, alright. I have two kids with the schmuck and five years. If it wasn't for the bitterness involving the break up we'd probably be good friends. Well anyways. Chuck has a son by an ex-girlfriend. Someone he was with for nine months and left before finding out about her being pregnant (so I'm told) now you can speculate whether he knew or not, but nothing was said for two years. It was assumed the man she was dating was the father, because, well, hello, most woman don't wait that long to let someone know they have a son. If they do, there's usually ulterior motives. (in some cases, there is NO ulterior motives IE rape, abusive relationships) which, I've been with chuck, so I know none of those reasons had to apply. Anyways.. so, two years, and Miss Ex's boyfriend dies, she has a little girl by this fellow so, going on welfare, gets social security for her, and BAM hits chuck upside the head with child support. Now, chuck pays it, yes, he does not shurk that duty. It's automatically withdrawn from his paycheck every month. 200$ smack a roo's. That's twice as much as I was able to get for our daughter. Anyway, the first year after that there didn't seem to be a problem with chuck visiting his son, especially after we split the first time. Then, when I moved back in with my mother, it seemed to peeter out. I blame chuck for not staying on top of things, but I also blame Miss Ex for deliberately making things difficult.


Now, she puts up a blog on myspace about removing pictures because chuck refuses to remove pictures of his son from his space. She says he's a 'sperm donor' and to 'leave us alone'. That's nice, considered sperm donors have the benefits of not being sued for financial responsibility, and considering earlier in the year, he had asked her to visit his son.. and she came back with several big fat 'no's' I told chuck, he needs to start cracking down on this. This is his son, and to stop trying just because your presented a 'no' by someone who has no right to say it in the first place, isn't really trying. It's either share the responsibility and know your son, or let her roll over you and take what you got for nothing in return. And yes I'm leaving her name out of it here, out of respect for privacy. Her posting it on a public blog, is another matter.

http://blog.myspace.com/index.cfm?fuseaction=blog.view&friendID=70800594&blogID=221005215

Sick

I woke up this morning sick, but I still went to work. My throaght is clogged, my nose is stuffed and I feel like sleeping. I can't take off any more time until like.. march, or else I jeopardize my job. To top it off, chuck is trying to give me a guilt trip about my plans for febuary. Gahh! just leave me alone! I've already been accused of talking about chuck too much, and this is why! I can't get a moment's peace about anything, and when I think I will, it's just a big fat lie because eventually the whining and crying starts up again. I know that sounds cold, and uncaring of his feelings, but I worked four years to make him happy.. and wtf, no point in crying over something that is done and over with. God knows, if we get back together, we get back together. We're never going to be totally out of each other's lives.. but give this to me, this one iota of privacy in my own personal life. Let me see if someone can make me happy where someone didn't. If it makes you feel like shit, well, I'm sorry! I really am! but.. dammit, leave me alone about it! Go stew somewhere else because your dripping on my make-believe happiness!

Another dream

Another dream last night, again involving mike. This time I had handed the phone to my sister, and for some inexplicable reason she felt it was necessary to tell him that he was the last person on a list of 'would be suitors' etc etc.. and then that started a big fight. I don't like fighting, but I will if I have to. The ending result? I dressed up like some leather-clad she-warrior and began swinging a huge sword, with the reminder from my mother 'straighten your back dear, push those puppies out.. ' I keep having day dreams about a possible story I want to write. I always have daydreams about stories, but they only ever get half written.

Here's the story that's been in my head. This is chapter one. Now, the prologue is about 3 chapters long in my mind, because the main characters have met before.. but this is what came to me while working. Let me know what you think, and if has a future. :-)

Smoke drifted in lazy curls around the seated figures, the clink of ice in glasses breaking up the monotonous sounds of breathing and low murmuring. Elly peered speculatively at the figures opposite her, fingers curled around the playing cards she held. It had been hours since she had entered the establishement, hoping against hope she would find a way to win back the money Uncle had squandered. Now, the endless drone of other club members seemed to drown out the conversation around her, until she felt the trickle of sweat slide down her shoulder blades.. and pool at the nape of her neck.

"Your go lad.." a rough, whiskey laden voice called, bringing her back to the present. With a start, she looked down at her cards, drawing upon a blank expression as she glanced at what she had been delt.

Garbage.. it was all garbage. For not the first time that night, she felt panic well up inside her, but she tapped it down with years of training, fixing her lips into a brief smile for show. The gravel and paint that was smeared on her cheeks, felt stiff when they moved, though it all went with the disguise of being a young lord. What ever it took to gain entrance to these gaming hells, she vowed, peering again at her card mates. Carefully, as she had done before, she opened herself to the energy around her, feeling a vortex of whirling chaos bombard her from every direction. It made her senses reel, so much that she was quiet for some time as she sorted out where everything was coming from.

There, the man to her left.. Lord Crowley, his dissatisfaction rolled off him in waves. To his left, a young runner with milk white skin, his smugness seemed to grow with each card he wad delt. She'd have to watch him. Turning her face carefully, she picked at the emotions that came from each opponent, her uncanny ability to absorb and interpret the emotions of others letting her know when to bluff, and when not to. Of course she would never have gotten in, if not for the help of her friend Jacob, but where had he gotten to?

Biting off a sigh, she displayed her cards, hearing the groans as a sound of satisfaction. Of course, she wasn't a fool, and tried to convey a sense of fair play to each of the players, so they didn't grow anxious or angry with her apparent winning streak. Cheating? Of course, but she thought the dire straights her family was in called for every arsenal she could muster.

The beginnings of a headache began at the edges of her vision, signaling an end to her dealings. That was fine, since she had more than enough to pay off the house debts and buy food for the next month. Waving off, she stood, pulling the thick overcoat across her shoulders to shadow most of her features and lanky form. That's when she felt the pecular sensation of being watched, a feeling so intense her neck tingled, and the hairs on her forearms warned in warning. Discreetly, as she waited for Jacob's return, she maneuvered herself into the shadows, glancing through a haze of pipe smoke at the thinning crowds of gentleman and rakes that patroned the establishment.

Well, she couldn't see anyone directing a stare at her, so carefully, she opened herself up again, trying to pin point any interest or hostility directed her way.

Nothing.. Nothing.. There! Her eyes flew open, glancing towards another corner of the billards room. Straining forward, she kept within the boundaries of the shadows, brows furrowed in study.

The man reclined on a high backed chair, a glass of what appeared to be scotch sitting on the side table besides him. Glancing at his shoes, just about the only thing visible from her vantage point, she noticed the expensive looking gleam they sported, as well as tailored grey trousers cut in the latest fashion. The torso itself, while trim looking beneath a white shirt and waistcoat, was half in and out of the light, so she only got a 'sense' of the way he filled out his jacket.. and the casual grace in which he reclined. Lifting her eyes, she noted the faint outline of a strong, masculine jaw, though the rest of his face receeded into shadows.

Tapping her fingers upon her folded arm, she pursed her lip, somewhat perplexed in what his interest in her.. well, him was.

"Ready then?" Elly heard the spirited tone of her companion, and started, so deep in concentration she had not sensed him arrive. Turning her head, she winced, feeling the headache renew it's vigor.

"Yes, most assuredly. " she murmured, handing him the notes that would be transferred into currency by one of the [manager of a hellclub]. Standing, she half turned, trying to gain another look at her 'admirer' while Jacob began to usher her towards the door.

That is when she had the luck to see the man lean forward, and two things occurred at that instant as he face came into focus.

One, Jacob began to argue with the [hell club manager] about transferring the notes into currency; apparently guests of members were not allowed such a privledge until they signed up for member ship.

Two, Elly gasped, a hand flying to her mouth as recognition and an sharp pain sliced through her brain, the raised emotions of those around her cutting her in two from the inside. Closing her eyes tight, she felt the floor begin to buckle beneath her, or were those her knees? As darkness began to descend, and she faintly realized she was going to faint for the first time in her life, she dimly saw the figure stand.. all that masculine power and beauty she remembered so well moving with a predator's grace straight at her. Her last thought before she slipped into an unceremonious pile on the floor? ; How beautiful his eyes still were, and how cold.

What does a girl have to do?

I just finished two pictures with my new tablet. I think I'm getting the hang of it. I may never draw an ordinary pencil drawing again. On another note, Chuck finally had his own place. It's not the best, but it's not a complete loss, and it's cheap and down the road. He feels depressed about it, I feel optimistic. He see's it as a clear end to us, I see it as a my road to privacy. Although I still have panic attacks when I can't seem to get a minute to myself with the kids.. but.. he's just down the road. What could go wrong?

He's promised to be nice while I'm on the phone with Mike. So we'll see how far that goes.

In other news, my mom had surgery last week. They removed a whole hell of a lot of hernias. Gee mom, having a bad day would you think? Of course, that doesn't stop her from getting into a yelling competition with my sister, and I wonder why her health is turning on her.

18 more days and Mike comes down to visit. He confessed he's more nervous about the first meeting then me. I tend to not think about things until the last minute. Keeps the stress down, then I just run around all pissed off and talking a mile a minute. Since my one and only baby sitter has bailed, I now have to figure out how to get some alone time with him with the kids in the next room. Chuck offered... but I can't see asking my freshly broken up ex coming over to watch the kids while I run out on a date. Uh-Huh. not going to happen. nope.

I did find this neat website. Complete with classroom tutorials on the basic principles of art, drawing and a whole bunch of reference materials.

http://www.wetcanvas.com/forum/

check it out, it's really cool. I love it already when I downloaded a PDF on clothing folds.

Lost Oppurtunities.

I have this new tablet, which I have been wanting forever. Chuck got it for me, as a sort of 'Look at me! I have money! Take me back! ' sort of gift. I love to draw, as much as I love to write. maybe more so, since a drawing tablet is more portable than my computer spell check (hand write, are you nuts??). Although I think some skills improve with practice, I can't help but continue to peruse other artist works and envy their ability to draw things I'll never have a grasp on. Like backgrounds, foregrounds, detail work in clothing and jewelry. Then I get e-mails about going back to school online from the Art Institute Online. That would be awesome.. but even for online courses, when do I have the time? Let alone the money for enrollment fee's and gaining financial aide? If I did manage to cough up the dough and find the appropriate grants/scholarships, when would I have the time to even think about studying, or working? I get up at 7am, drop kids off at 8:00am, pick them up at 5:30, get home by 6pm, and dinner, baths, laundry, dishes.. that takes me well into 10-11pm.. by then I'm exhausted, and weekends are devoted to making up the time I didn't have during the week. Maybe one, or two classes.. to get me back to basics. Something that would look good on a resume at the same time build my artistic basics. Something that would only need 2-4 hours devotion a week. I like reading on my off time, so even then I can do homework or study.. I'd even like taking writing classes, and history.. so many things.

I loved school so much, not for the social interaction, and definitetly not for the math, but because of the gratitutious praise when I got something right, or the constant bombardment of new facts and pictures.

Sighs and continues to doodle in her worn out drawing pad.

Anxiety; Dreams

It's been about five months since I asked (screamed) at chuck to leave my house, and now I'm in the process of inviting someone new to take a look at my life.. and see if there isn't something worth persuing. Now, since I haven't really severed my ties with Chuck, it's getting me anxious. I know.. alot of my family have told me. Why not just make it so he can't come over period? Why do you let him in when your not home? I don't know, but you have to understand. I love chuck, we've had five years and two kids together. Nothing will change the connection we've made over that amount of time. Granted, there has been alot of negative connections, but the positive ones are that we've made a family together.

So I convey this to him, try to let him know that, even though I may be exploring other relationship options to make me happy.. it doesn't mean I will exclude him from my life. He is the father of my children. I will do my best to make sure his happiness (that which does not involve me) is maintained, that he has me as a friend and that I do not lock my door to him when he needs it.

Of course, this may cause problems. since I have already had arguements with chuck about someone else being in my house. Of course, being the 'ex' he's not thrilled. I understand that, and he's being very understanding - to a point. Which again, shows restraint, atleast for my well being. It's not like the other guy is moving in. He's just staying the weekend.

So, this fueled a dream, in anticipation of my friends arrival for our weekend together (yes the children will be there, with the exception of a few hours for some time out on saturday).

It started with my house suddenly sporting more rooms than I can remember ever having, and my 'friend' moving into one of those rooms. It also happened that Chuck came in, and while he restrained himself from comment.. it was around the time I left Chuck with the kids to go lay down on the bed with my 'friend' and embrace (mild embrace for such a dream) that Chuck came in.. ranting, screaming at my 'friend' who became visibly uncomfortable. It all became a big mess, because as I withdrew something to do with my kids distracted me.. and I was never able to return to the one room where my friend was waiting.

I somehow know this is going to blow up in my face and I'm going to end up hurting someone more than I ever intended.