Justice is served on the SRT

Risa Vetri-Ferman is the D.A. of Montgomery County. She has also been very willing to address my questions about the shooting the Schuykill River Bike Trail last week.

To recap, on July 22, Joseph DePaul was riding his bike on the Schuykill River Trail in Plymouth Township. He was approached by a couple of kids, a 15-year-old and a 17-year-old, who then kicked him in the ribs. DePaul, who had been a vicitm of a similar crime previously, was armed. He pulled his weapon and fired six shots at the retreating juveniles, hitting the bike tire of the 17-year-old's bike.

Though DePaul had a permit for the gun, he was initially charged with criminal attempt at murder, criminal attempt at voluntary manslaughter, aggravated assault and related offenses and was held in Montgomery County Prison on $250,000 cash bail.

DePaul's bail was reduced over the weekend and on Monday, D.A. Ferman held a press conference on Monday, revealing that the county's investigation had uncovered a "bike chop shop" apparently being run by the 17-year-old SRT rib kicker out of his basement. His bike of choice? Mongoose. DePaul's bike? Mongoose.

Since the press, having already succeeded in driving up the anti-gun hysteria over a man shooting at two unarmed kids on the trail, has since been distracted from the original story by the discovery of the chop shop, I wanted to know what happened to DePaul. D.A. Ferman was happy to fill in the blanks:

I directed that the original complaint charging attempt murder, etc. againt Depaul be withdrawn today. That was done. Depaul will be charged tomorrow with recklessly endageringly another person. This is a misdemeanor. In my judgement, the REAP charge best fits the circumstances here where the man recklessly fired multiple shots towards a fleeing target 200-250 feet away in a location where other people could have easily been hit. Depaul could very easily have shot and killed a totally innocent bystander on the trail by his actions that night.

IMHO, this seems appropriate and fair. While many of us can certainly sympathize, and even understand DePaul's reaction, I think we can all agree that DePaul over-reacted; he was in no immediate danger when he fired off the rounds--after all the two yutes were retreating. Ferman continues:

This is the practical problem we face right now on the trail; how do we handle citizens exercising their constitutional right to bear arms and protect themselves who either (a) do so recklessly and endanger the lives of other innocent people, or (b) are not legally justified in using deadly force. There is no bright line test or answer. We will have to evaluate each situation like this on a case by case basis, review the specific facts, apply the law, and decide what is right and fair under the circumstances. Bottom line, we have to do the right thing in each case.

In this case, justice was served. And hopefully other would-be SRT thugs are paying attention.

Find this guy

This is the face of a man wanted for questioning in a rape incident that happened in the next town over from me. He allegedly stalked the victim in my local WalMart and followed her home.

KYW:

The hunt is on for a Montgomery County man who police say sexually assaulted a teenager Monday afternoon after following her home from Walmart.

Investigators have identified the suspect as 33-year-old Seth Griffith (above) of the 500 block of Haws Avenue in Norristown.

But authorities believe he have fled to Lewistown -- about 30 miles southeast of State College.

Surveillance video shows the suspect following the 19-year-old victim as she shopped in the Walmart in West Norriton. Police believe he followed her back to Lower Providence, entered her Audubon home, and assaulted her in her bedroom.

Turtle says he doesn't know why Griffith targeted the woman:

"At this point in time, I would say we are determining it a random act. We don't have anything either from the victim or from any other source that says she knows or has known or has met this suspect in the past."

On store surveillance (right), a man fitting Griffith’s description can be seen walking around the store and watching her.

District attorney Risa Ferman calls the alleged incident terrifying:

“Being out in a commercial establishment, feeling safe and secure, going inside the security of your own home and having that violated, there’s really very little that is as frightening as that.”

Griffith faces charges of criminal attempted rape, sexual assault, burglary, and related offenses.

"Friends of Angelo" only got what they deserved

Chris Dodd, Chairman of the Senate Banking Committee, and Kent Conrad, Budget Chairman, both pooh-poohed revelations from Countrywide Financial Official Robert Feinberg testified to their sweetheart mortgage deals.

"Feh," said the Democrat Senators. "Our conscience is clear."

No, really:

WSJ's Political Diary (subscribers only)

"My conscience is clear in terms of what we did," Mr. Dodd said yesterday. "I'm completely mystified as to why this persists as a question." His office put out a statement asserting that the loans he received were available to the general public on similar terms back then.

Mr. Dodd's colleague, Budget Chairman Kent Conrad, was similarly dismissive of the testimony of Robert Feinberg, who used to work in Countrywide's VIP program. Mr. Conrad said yesterday that he was aware he was part of the special-treatment group but that "I thought this was like a frequent-flier program."

Mr. Conrad did acknowledge that he spoke with Angelo Mozilo, Countrywide's then-chairman, but used the same words as Mr. Dodd to deny there was anything unethical about the way he was treated: "My conscience is absolutely clear."

Gentlemen, you keep using that word conscience. I do not think it means what you think it means.

But Mr. Mozilo certainly thought he might gain some benefit from his solicitous treatment of the senators. Conde Nast Portfolio magazine has reported that in a 2004 e-mail, Mr. Mozilo ordered his VIP division to knock a full percentage point off Mr. Conrad's loan "due to the fact that the borrower is a senator." Mr. Mozilo had a clear interest in keeping Congress away from oversight of his company -- his firm lost billions in federally-subsidized mortgages during last year's housing collapse. Mr. Mozilo has since been charged with civil fraud and insider training in a lawsuit filed by the SEC.

Even though Senator Conrad insists he did nothing wrong, he told the Washington Times yesterday that he is taking steps to clear up any misperceptions. He announced he is donating $10,500 to a charity to compensate for the lower interest rate Mr. Mozilo gave him and is refinancing the loan he got from Countrywide.

They didn't get any special deal; they only got what was coming to them.

Michelle Malkin Pwns Matt Lauer

Nothing starts the day quite like Matt lauer getting bitch slapped on national TV by a strong, intelligent conservative. As Allah says:

Best part: The boss lighting into Michelle Obama for her history of cronyism, much to Matt’s horror. Be sure to watch to the very end or you’ll miss the look on his face as he wraps the segment. I’m guessing she wasn’t booked at his insistence.

Re: Good manners on the bike trail in Montco

One of the first things you learn as a little kid is not to take things that don't belong to you. A surprising twist in the shooting incident on the Schuykill River Trail in Montco:

Montgomery County authorities have uncovered what they describe as a bicycle “chop shop” inside a house in Norristown, Pa., and now they want to know if it’s connected to some recent assaults on the Schuylkill River bike trail.

Police executed a search warrant at the house late last week and found nearly twenty bicycles and dozens of bicycle parts.

Montgomery County district attorney Risa Ferman says the house belongs to the father of a 17-year-old who was taken into custody after he and another teen were involved in an altercation with a man who fired shots at them on the trail last Wednesday (see related story):

"He was obtaining bicycles -- and we are investigating how he was obtaining them -- and then in the basement of his home he was taking parts, constructing bikes and reconstructing bikes, and then selling them.”

She believes that hundreds of bikes may have gone through that house over the last several months.

Now, police want to hear from area residents who may have had their bicycles stolen, either on or off the Schuylkill River trail.

I had originally wondered what the motivation was for these punks to harass bikers, since bikers and walkers rarely carry anything of value on them when using the trail. Authorities say that most of the bikes that went through the "chop shop" were Mongoose bikes, which are not all that expensive--you can get them at Target for between $200 and $300 bucks. But I guess even if you're selling them for less than that--say $100 bucks a piece--it's still 100% profit.

Gotcha!

NBC10:

A tip call lead Lower Merion police to the Villanova home of a 75-year old woman who is being questioned in the hit-and-run accident that nearly killed a teenager.

The woman told police she thought she hit a deer, not a 13-year-old boy. The accident happened on Old Gulph Road in Bryn Mawr on July 15. The boy, who was on his bike, suffered severe head injuries.

Police hauled away the woman's Volvo Tuesday. The car has been in her garage for more than two weeks, according to neighbors.

"There's a big hole in the windshield," said a man who didn't want his name used.

Neighbors also pointed to a pickup truck parked outside the Main Line woman's home, saying that's the only vehicle she drives, lately.

"Think that's odd?" NBC10 Reporter Deanna Durante asked the man.

"What do you think?" he answered.

Durante asked police if the woman had seen the news and knew investigators were looking for the car and the hit-and-run driver.

"She has not been watching the news lately," said Superintendent Michael McGrath.

The boy is now recovering at home. Charges are pending against the woman.

Sorry, but color me, and the rest of the Delaware Valley, skeptical of her story. First of all, instead of the late model Volvo with the big hole in the windshield, this is the car she's been driving:

Second of all, this story was leading all of the local news stories for a good portion of the week folowing the hit-and-run. Helicopters were circling the intersection on different occasions. That she has not be "watching the news lately" seems a bit of a stretch, especially given the change in vehicles and the fact that she didn't take the Volvo to get fixed, which anyone would have done if they had simply hit a deer, but put it in the garage.

I'm glad the neighbors finally spoke up. It will be interesting to see who this is, as her name has not been released yet.

Racism in the post-racial era

Thomas Sowell:

Those of us who want to see racism on its way out need to realize that others benefit greatly from crying racism. They benefit politically, financially, and socially.

Barack Obama has been allied with such people for decades. He found it expedient to appeal to a wider electorate as a post-racial candidate, just as he has found it expedient to say a lot of other popular things-- about campaign finance, about transparency in government, about not rushing legislation through Congress without having it first posted on the Internet long enough to be studied-- all of which turned to be the direct opposite of what he actually did after getting elected.
Those who were shocked at President Obama's cheap shot at the Cambridge police for being "stupid" in arresting Henry Louis Gates must have been among those who let their wishes prevail over the obvious implications of Obama's 20 years of association with the Reverend Jeremiah Wright. Anyone who can believe that Obama did not understand what the racist rants of Jeremiah Wright meant can believe anything.

With race-- as with campaign finance, transparency and the rest-- Barack Obama knows what the public wants to hear and that is what he has said. But his policies as president have been the opposite of his rhetoric, with race as with other issues.

As a state senator in Illinois, Obama pushed the "racial profiling" issue, so it is hardly surprising that he jumped to the conclusion that a policeman was racial profiling when in fact the cop was investigating a report received from a neighbor that someone seemed to be breaking into the house that Professor Gates was renting in Cambridge.

Video h/t to Hot Air

The Cambridge Police Department and Sergeant Crowley were the first people in memory who have not only beaten the racism charge, they have just about succeeded in exposing the charges for what they really are. Would that the Valley Swim Club had waited a few more weeks before dispatching their ham-handed refund. As I posted a few weeks ago, when this story broke it was initally very disturbing, but it quickly became apparent that the president of the pool, an Obama fundraiser, simply engaged in a very poor and unfortunate choice of words. There are many people thanking their good fortune for rubes like this because it gives them the chance to sound off in a politically correct and knee-jerk fashion to show how very civil-rights-minded they are. Witness the tut-tutting scolds in all their glory here, for instance. Some of these people never met a flimsy charge of racism they didn't immediately swallow whole and denounce in their own self defence.

Cam Cannon had some interesting thoughts on racism in the post racial era over at Big Hollywood:

Back before the show “Rescue Me” went completely off the rails, there was a great episode where Denis Leary and the boys in his firehouse were ordered to go to sensitivity training. The training session went awry when the racially-mixed fireman started keeping score on which ethnic group had the most offensive nicknames. They were talking volume and level of offense taken at the utterance of such epithets.

Me and my racially group of friends had these same kind of conversations, except that we weren’t racially mixed, we were a bunch of young dumb white guys. But I had black friends confirm our findings: there’s not really a racial epithet you can sling a white person’s way that carries the venom that a word used over-and-over-again by rappers carries for African-Americans. But my thinking has evolved.

There is a word you can call a white person that carries with it all sorts of horrible implications, and that word my friends is RACIST.

I couldn't agree more--it's an ugly, overused and often inappropriately applied label. More from Sowell, and though I've quoted him at length, the whole column is worth a read:

The racial profiling issue is a great vote-getter. And if it polarizes the society, that is a price that politicians are willing to pay in order to get votes. Academics who run black studies departments, as Professor Henry Louis Gates does, likewise have a vested interest in racial paranoia.

For "community organizers" as well, racial resentments are a stock in trade. President Obama's background as a community organizer has received far too little attention, though it should have been a high-alert warning that this was no post-racial figure.

What does a community organizer do? What he does not do is organize a community. What he organizes are the resentments and paranoia within a community, directing those feelings against other communities, from whom either benefits or revenge are to be gotten, using whatever rhetoric or tactics will accomplish that purpose.

To think that someone who has spent years promoting grievance and polarization was going to bring us all together as president is a triumph of wishful thinking over reality.

Biden: This administration loves cops!

Ok, call me cynical, but is there any way of finding out whether Joe Biden's goodwill stop in Philadelphia to announce the spread of magical stimulus money to local police departments was planned before or after last Wednesday's press conference?

Recovery.gov does not list any funds going out through the Justice Department, but the site is way behind in their updating. I wonder if Cambridge will be getting any stimulus dollars for their police department?

KYW:

Officials familiar with Tuesday's announcement said the Justice Department estimates the grant awards will help hire 3,818 new officers, and retain 881 positions that would otherwise be lost to budgetary belt-tightening.

That makes a total of 4,699 officers -- still short of the program's announced goal of hiring 5,000 officers.

Under the COPS program, the federal government pays the officers' salary and benefits for three years, after which the local government is responsible for the costs.

Local police chiefs have been waiting anxiously for months to learn what they will receive, and understood even before the decisions were announced that many of them would be disappointed.

How come universal healthcare is the only choice we're hearing about?

Obamacare is not the only way to reform healthcare, but the administration wants you to think it is. They also want you to think that it's a "crisis" that only they can solve, never mind that much of the reason our healthcare is in crisis is because of government intrusion.

Republicans have been portayed in the media as either evilly obstructive or cluelessly alternative-less or both. Seems neither is true. Here's Senator Jim DeMint on yesterday's This Week with George Snufflupagus (From WSJ's political Diary, subscribers only):

Republicans, including me, have introduced lots of health care reform proposals. I introduced a tax equity, which would allow people to deduct the cost of their health insurance. The president and Senator Conrad voted against it. I had a proposal that would allow people to buy health insurance in any state, not just a single state monopoly. The president and the Democrats voted it down. I had a proposal that would allow individuals to use their health savings account to pay for a premium. They voted it down. They even voted against allowing small businesses to come together and buy their health insurance . . . . So, George, what we've seen is that Republicans do want reform that will make health insurance more affordable and available. But the only proposals we're getting from Democrats is more government control of health care

Indeed, Republicans like Newt Gingrich have been working on a healthcare reform plan for six years:

At the Center for Health Transformation, we have been working for the past six years to develop solutions for the problems in our health care system, which don’t rely on higher taxes, bigger government, and more bureaucrats.

We believe we can have a system in which every American has access to better health with more choices at lower cost.

We believe we can have a system in which the individual and his or her doctor have the knowledge and incentives to make wise choices; a system in which fraud and waste are rooted out, in which quality and best practices (not volume of services) are rewarded and in which prevention, health and wellness are central.

And most importantly in today’s troubled economy, we believe we can have a system that will also be central to job creation and to America’s economic recovery.

Gingrich lays out six commonsense steps to start healthcare reform:
1. Stop Paying the Crooks and put a stop to fraud in the existing system
2. Move from a Paper-based to an Electronic Health System.
3. Tax Reform
4. Create a system that focuses on improving individual health.
5. Reform Our Health Justice System
6. Invest in Scientific Research and Breakthroughs

Gingrich's entire plan can be found here.

Before we massively expand healthcare, would it be too much to ask that the Democrats Congress addresses the problems in the existing system first? If they can stop the fiscal bleeding in Medicare and Medicaid, then they can have a shot a single payor. Until then, I say no to socialized medicine.

Obamacare bait and switch

"Free": Mr. Obama, you keep using that word. I do not think it means what you think it means.

Fortune Magazine has a great article outlining the five freedoms that American WILL lose, that President Obama has told them they WILL NOT lose if either one of these nationalized health care bills is passed by congress. They are, to wit:

1. Freedom to choose what's in your plan
2. Freedom to be rewarded for healthy living, or pay your real costs
3. Freedom to choose high-deductible coverage
4. Freedom to keep your existing plan
5. Freedom to choose your doctors

Read it all.

By the way, not one single paragraph in all 2,000 pages of either healthcare bill addresses tort reform or the insane cost of medical malpractice insurance and it's impact on the rising cost of healthcare. Could this be the reason?

God, Guns, Guts and American Pick-up Trucks

What's so awesome about Mark Muller is the way he totally shuts down the metropolitan anchoress with a well reasoned argument for self defense: his area's prevalent meth problem. He holds his own with the elitist Manhattan sophisticate, who claims she grew up in a rural area with guns in her house, but is incredulous that anyone in this day and age would want to keep something so distasteful in their home.

My favorite part is when she feigns outrage about his motto, "God, guns, guts and American Pickup Trucks" with a straw man that is entirely out of the realm of her experience: "You don't think that 'some' might be offended by your use of "God" and 'guns' in the same sentence?" His response is priceless, "Don't you think God would want us to defend ourselves? I'm confused by your question."

Thanks to BuckTrapper for sending this along.

California, Rest in Peace

See more funny videos and funny pictures at CollegeHumor.

Totally solving, like, you know, all of California's budget problems.

H/T Hot Air

Enforcing good manners on the bike trail in Montco

So lately, there's been some "mischief" on a section of the bike trail that runs through Norristown. Specifically, several riders have been assaulted by "youths" along the bike path that runs next to the Schuykill River. Wednesday they picked on the wrong cyclist:

A 27-year-old Norristown man, Joseph James DePaul Jr., was reportedly riding his bike on the trail behind the ArcelorMittal steel plant in Plymouth Township at 8:40 p.m. when a juvenile on a BMX bike allegedly kicked him in the ribs, according to court papers.

After he was kicked, DePaul claimed he nearly lost control of the bike and hit a fence. Once he stopped, he drew his weapon and reportedly fired shots in the direction of the teens, ages 15 and 17, who were by that time about 250 feet ahead of him. The juveniles were not armed.

The cyclist, who is licensed to carry a gun, reportedly shot at the teenager in an effort to “blow the tire out” on the BMX bike. When asked by police how proficient he was with a firearm, DePaul reportedly said, “I’m pretty damn good.”

One of the youths claimed his tire went flat when it was hit by a bullet. The 15-year-old suspect reportedly admitted a “misunderstanding” with a man on the trail Wednesday.

Groups who use the trail met with county officials and members of law enforcement in June to talk about making the trail safer for them. Police stepped up patrols in Norristown. DePaul is a previous victim of a violent crime who had a permit to carry the weapon and is apparently a pretty good shot: he says he was aiming at the tire to blow it out, and that's exactly what he did. Now DePaul is being charged with

criminal attempt at murder, criminal attempt at voluntary manslaughter, aggravated assault and related offenses and is being held in Montgomery County Prison on $250,000 cash bail.

And Risa Vetri-Ferman, whom I admire very much, has stated:

"The worst thing that can happen is if people start arming themselves."

Seems to me, if people start arming themselves, or even if these punks THINK people are starting to arm themselves, they'll be far less likely to get on their punky little BMX bikes and kick bikers in the ribs. Problem solved.

P.S. I'm available for jury duty for DePaul's trial.

The Terri Shiavo provision in Obamacare

Here's why liberals fought so hard for Terri Shiavo's "right to die"---they were paving the way for this important provision in Obamacare:

Jack Fowler:

How do you say “Logan’s Run” in Congressional-se? Here’s the (incredibly long) section of the House Dem health-care bill that requires “Older Americans” (not for long!) to get counseled every five years. Up for play are matters such as “the use of artificially administered nutrition and hydration.” Must admit there’s nothing in here about soylent green, but I’m betting some Oregon lawmaker will add that language in conference.

Here's the legalese from the bill; you don't have to go far into it to get the gist.

Advance Care Planning Consultation
`(hhh)(1) Subject to paragraphs (3) and (4), the term `advance care planning consultation' means a consultation between the individual and a practitioner described in paragraph (2) regarding advance care planning, if, subject to paragraph (3), the individual involved has not had such a consultation within the last 5 years. Such consultation shall include the following:
`(A) An explanation by the practitioner of advance care planning, including key questions and considerations, important steps, and suggested people to talk to.
`(B) An explanation by the practitioner of advance directives, including living wills and durable powers of attorney, and their uses.
`(C) An explanation by the practitioner of the role and responsibilities of a health care proxy.
`(D) The provision by the practitioner of a list of national and State-specific resources to assist consumers and their families with advance care planning, including the national toll-free hotline, the advance care planning clearinghouses, and State legal service organizations (including those funded through the Older Americans Act of 1965).
`(E) An explanation by the practitioner of the continuum of end-of-life services and supports available, including palliative care and hospice, and benefits for such services and supports that are available under this title.
`(F)(i) Subject to clause (ii), an explanation of orders regarding life sustaining treatment or similar orders, which shall include—
`(I) the reasons why the development of such an order is beneficial to the individual and the individual's family and the reasons why such an order should be updated periodically as the health of the individual changes;
`(II) the information needed for an individual or legal surrogate to make informed decisions regarding the completion of such an order; and
`(III) the identification of resources that an individual may use to determine the requirements of the State in which such individual resides so that the treatment wishes of that individual will be carried out if the individual is unable to communicate those wishes, including requirements regarding the designation of a surrogate decisionmaker (also known as a health care proxy).
`(ii) The Secretary shall limit the requirement for explanations under clause (i) to consultations furnished in a State—
`(I) in which all legal barriers have been addressed for enabling orders for life sustaining treatment to constitute a set of medical orders respected across all care settings; and
`(II) that has in effect a program for orders for life sustaining treatment described in clause (iii).
`(iii) A program for orders for life sustaining treatment for a States described in this clause is a program that—
`(I) ensures such orders are standardized and uniquely identifiable throughout the State;
`(II) distributes or makes accessible such orders to physicians and other health professionals that (acting within the scope of the professional's authority under State law) may sign orders for life sustaining treatment;
`(III) provides training for health care professionals across the continuum of care about the goals and use of orders for life sustaining treatment; and
`(IV) is guided by a coalition of stakeholders includes representatives from emergency medical services, emergency department physicians or nurses, state long-term care association, state medical association, state surveyors, agency responsible for senior services, state department of health, state hospital association, home health association, state bar association, and state hospice association.
`(2) A practitioner described in this paragraph is—
`(A) a physician (as defined in subsection (r)(1)); and
`(B) a nurse practitioner or physician's assistant who has the authority under State law to sign orders for life sustaining treatments.
`(3)(A) An initial preventive physical examination under subsection (WW), including any related discussion during such examination, shall not be considered an advance care planning consultation for purposes of applying the 5-year limitation under paragraph (1).
`(B) An advance care planning consultation with respect to an individual may be conducted more frequently than provided under paragraph (1) if there is a significant change in the health condition of the individual, including diagnosis of a chronic, progressive, life-limiting disease, a life-threatening or terminal diagnosis or life-threatening injury, or upon admission to a skilled nursing facility, a long-term care facility (as defined by the Secretary), or a hospice program.
`(4) A consultation under this subsection may include the formulation of an order regarding life sustaining treatment or a similar order.
`(5)(A) For purposes of this section, the term `order regarding life sustaining treatment' means, with respect to an individual, an actionable medical order relating to the treatment of that individual that—
`(i) is signed and dated by a physician (as defined in subsection (r)(1)) or another health care professional (as specified by the Secretary and who is acting within the scope of the professional's authority under State law in signing such an order, including a nurse practitioner or physician assistant) and is in a form that permits it to stay with the individual and be followed by health care professionals and providers across the continuum of care;
`(ii) effectively communicates the individual's preferences regarding life sustaining treatment, including an indication of the treatment and care desired by the individual;
`(iii) is uniquely identifiable and standardized within a given locality, region, or State (as identified by the Secretary); and
`(iv) may incorporate any advance directive (as defined in section 1866(f)(3)) if executed by the individual.
`(B) The level of treatment indicated under subparagraph (A)(ii) may range from an indication for full treatment to an indication to limit some or all or specified interventions. Such indicated levels of treatment may include indications respecting, among other items—
`(i) the intensity of medical intervention if the patient is pulse less, apneic, or has serious cardiac or pulmonary problems;
`(ii) the individual's desire regarding transfer to a hospital or remaining at the current care setting;
`(iii) the use of antibiotics; and
`(iv) the use of artificially administered nutrition and hydration.'.
(2) PAYMENT- Section 1848(j)(3) of such Act (42 U.S.C. 1395w-4(j)(3)) is amended by inserting `(2)(FF),' after `(2)(EE),'.
(3) FREQUENCY LIMITATION- Section 1862(a) of such Act (42 U.S.C. 1395y(a)) is amended—
(A) in paragraph (1)—
(i) in subparagraph (N), by striking `and' at the end;
(ii) in subparagraph (O) by striking the semicolon at the end and inserting `, and'; and
(iii) by adding at the end the following new subparagraph:
`(P) in the case of advance care planning consultations (as defined in section 1861(hhh)(1)), which are performed more frequently than is covered under such section;'; and
(B) in paragraph (7), by striking `or (K)' and inserting `(K), or (P)'.
(4) EFFECTIVE DATE- The amendments made by this subsection shall apply to consultations furnished on or after January 1, 2011.
(b) Expansion of Physician Quality Reporting Initiative for End of Life Care-
(1) Physician'S QUALITY REPORTING INITIATIVE- Section 1848(k)(2) of the Social Security Act (42 U.S.C. 1395w-4(k)(2)) is amended by adding at the end the following new paragraphs:
`(3) Physician'S QUALITY REPORTING INITIATIVE-
`(A) IN GENERAL- For purposes of reporting data on quality measures for covered professional services furnished during 2011 and any subsequent year, to the extent that measures are available, the Secretary shall include quality measures on end of life care and advanced care planning that have been adopted or endorsed by a consensus-based organization, if appropriate. Such measures shall measure both the creation of and adherence to orders for life-sustaining treatment.
`(B) PROPOSED SET OF MEASURES- The Secretary shall publish in the Federal Register proposed quality measures on end of life care and advanced care planning that the Secretary determines are described in subparagraph (A) and would be appropriate for eligible professionals to use to submit data to the Secretary. The Secretary shall provide for a period of public comment on such set of measures before finalizing such proposed measures.'.
(c) Inclusion of Information in Medicare & You Handbook-
(1) MEDICARE & YOU HANDBOOK-
(A) IN GENERAL- Not later than 1 year after the date of the enactment of this Act, the Secretary of Health and Human Services shall update the online version of the Medicare & You Handbook to include the following:
(i) An explanation of advance care planning and advance directives, including—
(I) living wills;
(II) durable power of attorney;
(III) orders of life-sustaining treatment; and
(IV) health care proxies.
(ii) A description of Federal and State resources available to assist individuals and their families with advance care planning and advance directives, including—
(I) available State legal service organizations to assist individuals with advance care planning, including those organizations that receive funding pursuant to the Older Americans Act of 1965 (42 U.S.C. 93001 et seq.);
(II) website links or addresses for State-specific advance directive forms; and
(III) any additional information, as determined by the Secretary.
(B) UPDATE OF PAPER AND SUBSEQUENT VERSIONS- The Secretary shall include the information described in subparagraph (A) in all paper and electronic versions of the Medicare & You Handbook that are published on or after the date that is 1 year after the date of the enactment of this Act.

Changing the names of SEPTA's Regional Rail? Bad idea.

Inky:

Currently, SEPTA's 13 train routes are labeled R1 through R8, except that there is no R4. And there are two different final destinations for each R route, except for the R1 line, the airport branch.

For instance, some R3 trains terminate at Media or Elwyn in Delaware County. Other R3s run to West Trenton. Regular commuters know the difference between the R3/Media-Elwyn line and the R3/West Trenton line, but SEPTA says passengers unfamiliar with the system can easily end up on the wrong train.

"We get hundreds of complaints each year from people who get on the wrong R5 or the wrong R7," said Byron S. Comati, director of strategic planning and analysis for SEPTA.

Here's why it is stupid to spend one more minute, let alone one more dollar persuing this ridiculous idea:

First of all, Philadelphians will never acknowledge the name change, they will simply continue to call the Regional Rails by the names they've always called them regardless of what the signs say. See: Vine Street, Blue Route, Schuykill Expressway, West River Drive.

Second of all, it's Philly. If you're not a local, we don't really care if you get on the wrong train. If you are a local and get on the wrong train, we just laugh at you.

The names don't matter. Read the map, dope.

I always knew one day I'd see this picture...

...but I somehow imagined it with her hands secured behind her back and escorted on either side by federal marshals.

They'll never take our freedom

All this hope and change got you down, conservatives?

Take heart:

Waterloo

Americans still reeling from the buyers' remorse of the $787 Billion "emergency" stimulus bill passed in February are not quite as anxious to trust Obama with this massive overhaul of healthcare.

They are right to be leery. Americans may have demonstrated an appetite for big government in the fall, but we like our frogs boiled slowly; don't throw them into the pot of scalding water or they are likely to jump out.

A government takeover of healthcare would fundamentally change the structure of our society.

Real Americans who prefer that their government take care of our borders and leave the living to us, thank you very much, are balking at the prospect of government intrusion in this most private of areas. I have to believe that these reservations cross ideological boundaries; after all the "keep your laws off my body" set is fine while a pro-abortion president and a democratically controlled congress is in power, but what happens when the pendulum swings and the Republicans gain control of rationing your health care? Long-sighted feminists have good reason to worry.

A government in charge of your health care is a government that can dictate your diet (so long junk food), your habits (put out those cigarettes and put down that beer) and your hobbies (sorry, skateboarding is now considered a signed risk. We won't cover that broken arm.) This even makes some of the most die hard Euro-weenie-loving leftists cringe in horror.

As polling on America's appetite for national socialist healthcare continues to deteriorate and it becomes increasingly clear that the bill floating around in congress is a farce, Obama grows increasingly more shrill:

"This isn't about me. This isn't about politics. This is about a health care system that is breaking America's families, breaking America's businesses, and breaking America's economy," Obama said on a visit to a Washington hospital.

Last week, South Carolina Republican Senator Jim DeMint predicted the Obama plan would not pass Congress, and said such a failure could be Obama's "Waterloo," referring to the battle that effectively ended Napoleon Bonaparte's military career.

"It will break him," DeMint said,

Obama made direct reference to DeMint's predictions, and called on lawmakers to avoid the "politics of delay and defeat."

"There are some in this town who are content to perpetuate the status quo, are in fact fighting reform on behalf of powerful special interests," Obama said.

"There are others who recognize the problem, but believe -- or perhaps, hope -- that we can put off the hard work of insurance reform for another day, another year, another decade."

"There are too many lives and livelihoods at stake" for lawmakers to delay work on reforming the US healthcare system, Obama said.

If it's not about Obama's legacy, then why the rush? Why the need to ram through a half-baked plan that makes most Americans queasy just thinking about it? Why push through something on an arbitrary deadline that will fundamentally change the nature of what it means to be an American without aloowing time for a thorough debate?

Because this is all about Obama and his ego. This is about putting points on the board early while he still has political capital to spend. I think, and fervently hope, that his political capital has depleted more rapidly than he anticipated. He has turned too many sleight of hand tricks ont he American public in his first six months that folks are starting to doubt the resnating words illuminated on the teleprompter and delivered with purposeful cadence.

And listening to Obama whine about Republicans picking on him is not exactly awe inspiring leadership. Anyone who's taken their lumps in the political arena knows it's hardly ever personal; it's just politics. But when you glide into the most powerful office in the land unscathed because you have been cosseted by a friendly media, maybe you do tend to take things a little more personal.

As far as I'm concerned, I've seen enough of the Obama agenda to know that my original instincts about the man were, as usual, 100% correct. I hope Jim DeMint is right.

And because this 70's flashback is so appropriate, especially that "O" logo on Napoleon's hat at the end:

Is Obamacare inevitable?

Let's hope not. Allahpundit has this nice spot:

Allah notes:

Inexplicably missing, though: The part where the richest diners are asked to pick up the tab for everyone until it turns out that they can’t afford it, whereupon it’s separate checks for everyone! Also missing: The numbers that show just what an egregious fraud Obama is committing when he tells people they’ll be allowed to keep their private insurance plans if they like them.

Here's the new RNC ad:

Quick, Congress, hurry up and pass it as another "emergency crisis management bill" before the great unwashed catch on. After all that straegy is working out so well for the stimuls, isn't it?

H/T Jonah Goldberg and Rich Lowry on The Corner

Flags at half staff today...

...to honor the untimely demise of a public servant:

Breaking News, literally: After helping both candidate and chief executive deliver weighty words countless times on the campaign trail, on the road to, from and within the White House, the beloved Teleprompter of Democrat President Barack Obama died tonight.

The fragile overused speech aid was little more than two years old. No immediate cause of death and no autopsy were announced.

The passing of the celebrated speech-giving helper happened suddenly and unexpectedly. The president was looking right at the Teleprompter, giving remarks in the Eisenhower Executive Office Building next door to the White House. He was rigorously defending his economic stimulus package, which has been rigorously criticized recently for being like many political speeches, not very stimulating.

Virtually everywhere he's gone in recent years the Teleprompter has been faithfully at Obama's side, and slightly to the front.

H/T to Allah at Hot Air for link to the "Zapruder Film"

A corporate event that makes AIG look downright frugal

Remember the hullaballoo back in December when AIG threw a swanky corporate event for $440,000 after taking Federal bailout money? Outrageous, right? The class warfare scolds were all over it:

The British newspaper the Guardian reported Tuesday that AIG subsidiary AIG American General spent about $440,000 on its big shots and their business associates in eight days at the St. Regis, beginning just five days after the company accepted an emergency loan from the U.S. government and averted bankruptcy.
That figure was among many that surfaced today at a congressional hearing over AIG. Among the other numbers cited by the Guardian of AIG spending:
-$139,375 on rooms
-$147,301 on banquets
-$23,380 on spa treatments
-$6,939 on

A disgusting show of excess, no? Adding insult to injury, of course, is the infusion of taxpayer funds that occured just before the event.

Well, you ain't seen nothing yet. Word is that another organization outspent AIG on it's "corporate" event by some $310,000 for "training" at the posh "Jewel of the Desert," the Arizona Biltmore Hotel and Spa (see picture above of follow the link for amenities). In these trying times, in this economy, what organization would dare to engage in such an orgy of excess?

Last week the Social Security Administration flew approximately 700 of its managers from across the U.S. and Guam to Phoenix, Arizona’s posh Arizona Biltmore Hotel and Resort, for “organizational training.” The event, which included musical entertainment and dancing, skits, catered food, cocktails, and a “casino night” featuring “door prizes,” cost us lowly taxpayers approximately $750,000.

Forget that the Social Security Administration, a division of the U.S. Government to which every American is required by force of law to hand-over a portion of their earnings, has been headed for insolvency for over a decade. Ignore the fact that SSA is estimated to waste hundreds of millions of taxpayer dollars each year in faulty “overpayments.”

....those crickets you're hearing? That's the sound of the class warfare scolds...ignoring this story.

H/T: Veronique de Rugy, The Corner

Opportunistic Publicity Whores

Levi Johnston, that bastion of responsibility and reliability, is once again capitalizing on his hanger-on notoriety. And of course, the mainstream media are all over this important story:

A spokeswoman for Gov. Sarah Palin is scoffing at comments by Bristol Palin's former fiance, who says he thinks Palin resigned to cash in on her fame.

(...)

"She had talked about how nice it would be to take some of this money people had been offering us and you know just run with it, say 'forget everything else,'" he said.

He said he thinks book deals were really what appealed to Palin.

"I think the big deal was the book. That was millions of dollars," said Johnston, who has had a strained relationship with the family but now says things have improved.

In other news, LaToya Jackson, that bastion of responsibility and reliability, is once again capitalizing on her hanger-on notoriety. And of course, the mainstream media are all over this important story, too:

Michael Jackson was killed by a band of greedy hangers-on, his sister La Toya alleges in interviews with British Sunday newspapers.

"I believe Michael was murdered, I felt that from the start,'' the 53-year-old said.

"Not just one person was involved, rather it was a conspiracy of people. He was surrounded by a bad circle. Michael was a very meek, quiet, loving person. People took advantage of that."

"Less than a month ago, I said I thought Michael was going to die before the London shows because he was surrounded by people who didn't have his best interests at heart."

La Toya said she had ordered a private autopsy.

Mainstream Media to America: Who ya gonna believe, us or your lying eyes?

Through sheer chance, I happened to catch about a half hour of the Michael Jackson Memorial Spectacle. Part pageant, part awards show, part concert, part circus, the event was, appropriately, as freakish as the man it honored.

I do not wish to belabor the point of how inappropriate the Jackson Memorial was; anyone with eyes and a brain could figure that out.

No, the amazing thing about the whole bizarre affair was watching the media’s handling of this event. The event, carefully organized and planned by the Jackson family, was designed to whitewash Jackson's legacy and probably set the stage for an attempt to cash in on what's left of the estate.

Network anchors talked in hushed tones, reverently praising Michael Jackson's genius, talking about his contributions to society, praising him for teaching the world about love and never once mentioning the pedophilia controversy.

And yet.

Our watchdog media was along for the ride; indeed, they were the tour guides on the bus the Jackson family was driving.

My question is this: After the Michael Jackson Memorial fiasco, and the media's incredibly in-the-bag coverage of his death, how can anyone, ANYWHERE, regardless of race, creed, political persuasion, or religion, believe a SINGLE, SOLITARY thing that this entity tells them?

For instance, I posted a few days ago about the Jena Six controversy, and how it has now come out--very quietly--that the incident wasn't racially motivated at all. It was engineered by the race baiters and lapped up and regurgitated by the media because they know what sells. The same thing happened with he Duke Lacrosse case.

This very day, there are two stories to illustrate this point. First there is the case of the racist swim club. Now as I told a commenter below, what kind of a person would, in this day and age, in this ready-to-be-offended-at-the-slightest-provocation society, what kind of a person would actually say:

that several club members complained because the children “fundamentally changed the atmosphere” at the pool but that the complaints didn’t involve race.

Furthermore, the president of the swim club is an Obama supporter named John Duesler, who has already trotted out his requisite apology about the misunderstanding.

Duesler said day campers who were invited to the club couldn't come back for safety reasons and "it's very sad" that 65 elementary aged children may now think racism is the reason they can no longer swim at the private pool.

"We invited these clubs into our pool, we knew the kids were coming in from the city...due to a lack of pool availability this summer. We reached out to them, we invited them to our pool. And once the kids came, we've never done this before, and it's very unfortunate, there were just too many children for us to handle. This was a safety situation. Many of these children were not able to swim, most of them were not able to come and we were just overwhelmed with the sheer number of children that came to our club," Duesler explained.

The Creative Steps Day camp paid the club $1950 so Philadelphia kids could swim at the Montgomery County outdoor pool once a week. During their first trip to the pool, several campers said club members pulled their kids out of the water and some made racial remarks. Before their next outing, Duesler told the camp director swim privileges were being suspended and their money returned. His first explanation came in a statement Tuesday night when he said, "There was concern that a lot of kids would change the complexion…and the atmosphere of the club." That fueled what quickly became a national story and debate – was racism really that overt in the Philly suburbs?

"That was a terrible choice of words," blown out of proportion, he said Friday.

Meanwhile, the damage has been done. Regardless of whether the reason these kids were banned from the swim club was racism or not, that's what they will always think. All of the members of the Valley Swim Club will now be thought of as "racist". Duesler is probably tainted for life.

On the plus side, the way this story was covered made it go national. It was all over the internet. As I said to the commenter below, think about it REALLY think about it: Is there someone this stupid walking around who would voice these sentiments and not immediately know that they would ruin him forever???...or is it possible that this story is not quite what it seems? Considering stories like this generate controversy, and controversial stories generate ratings and rating generate $$, I tend to be a little more cynical about things like this. Especially after Jena and Duke.

The second story is just this side of ridiculous. The picture below was posted on the internet wherein Obama and Sarkozy are clearly checking out this young thang's booty.

But that's not the ridiculous part.

The ridiculous part is that ABC and other media outlets quickly seized on the direction the internet chatter was going and decided to publish an "explanation" for the President's oogling:

President Obama and French President Nicolas Sarkozy trade places on a dais with "Junior G8" delegates.

On first glance, the snapshot appears to show President Obama caught in a moment of less than lofty analysis. But upon looking at the video, the moment might seem to appear quite innocent -- one of those times when a picture can be misleading. The president was on a higher step and was stepping down -- so he looked down to assure his footing as the woman was walking up the stairs.

Ummm....really? Don't these guys get themselves dizzy? I mean Clinton's objectification of women was a point of pride in the Democrat party--why make go to such lengths to refute what everyone knows: men are pigs. Of course he's going to check her out--he wouldn't be human if he didn't.

Be a little cynical folks. This is not your father's mainstream media anymore.

Power Vaccuum

So I think we can boil the Obama foreign policy down to one sentence: the U.S.A. is abdicating it's leadership position in the free world.

Obama's message to the world has been clear: the U.S. will not meddle to advance it's ideals, even when those ideals fall in line with our interests. We will stand on the sidelines and watch as democracy is suppressed in places like Honduras and Iran while the citizens plead for our help. In fact, the only country that merits strong words from this administration is Israel, who Obama believes should not defend itself if attacked (repeatedly) lest the U.S. be dragged into their conflict. (By the way, is there a major policy statement that has been made by Joe Biden in the last six months that HASN'T been publicly repudiated by Obama within hours?)

I misjudged Obama on foreign policy during the election; I thought he was simply naive. But it's more than that: he's isolationist and he's showing himself to be one of those liberals who have been consistently embarrassed by "America's big boot" in the world. This is not only naive, but it is anti-American; it's a fundamental disbelief in American ideals. It's a foreign policy that seeks, like Obama himself, popularity in the world instead of respect. And it's dangerous.

Of course, if we're not keeping corrupt regimes in line, we're not making anyone angry either. I think it is Obama's belief that by not meddling, these other hostile countries will simply leave us alone. Again, dangerously naive. He's basically announced to the world that military solutions are simply not palatable to this administration. While we dismantle our weapons, other less freedom loving countries will be building theirs, intent on ruling the world according to their ideals. Obama assumes that by apologizing for American ideals abroad that other countries have no desire to push their ideals on us. Again, dangerously naive and anti-American.

While we withdraw from our leadership position in the world, Russia and China are vying for that role. With no U.S. might keeping the tin pot dictators of the world at bay, all bets are off for basic human rights and peace, because you cannot broker peace from a position of weakness and mewling apologies. In order to broker peace, you must command the respect of those you hope to inspire. And the leaders of the world seem to all be figuring it out: The President of the United States is a lightweight.

No skin in the game

The WSJ recently ran two great articles about the collapse of the housing market. If you are even remotely interested in the causes of the sour economy and what we must do to turn it around, these two pieces are must-reads.

If, like the rest of the Obama-nation, you prefer to only see victims and exploiters, then by all means, skip this post and remain blissfully and irresponsibly ignorant.

First, the incomparable Stan Liebowitz (the chart above accompanies Liebowitz's analysis):

What is really behind the mushrooming rate of mortgage foreclosures since 2007? The evidence from a huge national database containing millions of individual loans strongly suggests that the single most important factor is whether the homeowner has negative equity in a house -- that is, the balance of the mortgage is greater than the value of the house. This means that most government policies being discussed to remedy woes in the housing market are misdirected.

Many policy makers and ordinary people blame the rise of foreclosures squarely on subprime mortgage lenders who presumably misled borrowers into taking out complex loans at low initial interest rates. Those hapless individuals were then supposedly unable to make the higher monthly payments when their mortgage rates reset upwards.

But the focus on subprimes ignores the widely available industry facts (reported by the Mortgage Bankers Association) that 51% of all foreclosed homes had prime loans, not subprime, and that the foreclosure rate for prime loans grew by 488% compared to a growth rate of 200% for subprime foreclosures. (These percentages are based on the period since the steep ascent in foreclosures began -- the third quarter of 2006 -- during which more than 4.3 million homes went into foreclosure.)

Sharing the blame in the popular imagination are other loans where lenders were largely at fault -- such as "liar loans," where lenders never attempted to validate a borrower's income or assets.

This common narrative also appears to be wrong, a conclusion that is based on my analysis of loan-level data from McDash Analytics, a component of Lender Processing Services Inc. It is the largest loan-level data source available, covering more than 30 million mortgages.

Todd Zywicki expands on this point with special emphasis on the creation of a new government financial products safety commission:

Imagine a man in California who speculated in real estate at the height of the housing bubble. He bought a house with no money down and an adjustable-rate mortgage. But before he could flip that house for a profit, the market collapsed. He then owed more than his house was worth, but he knew that under his state's laws it would be impossible for his bank to sue him for the balance of his loan if he abandoned the house to foreclosure.

What is this man likely to do?

Several hundred thousand people have found themselves in a similar situation in recent years, and they have walked away from their real estate investments. Nothing down, interest-only mortgages taken out by speculators in states with default-friendly laws have fueled the foreclosure crisis and have come to be seen as a major threat to the American financial system.

(...)

Treating all consumers as hapless victims rather than recognizing that many consumers rationally respond to incentives is a recipe for unintended consequences. It can lead to counterproductive regulation that makes loans more expensive and harder to get.

(...)

Instead of a new consumer financial products safety commission, Washington should revise the disclosures it mandates for mortgages, its tax and other incentives that encourage overinvestment in housing, and the incentives for homeowners to walk away from their homes. Our current problems are caused by misaligned incentives and the rational response of consumers and lenders to those incentives. It's not a crisis of consumer protection. A new agency premised on the erroneous belief what consumers need is to be protected from themselves is likely to do more harm than good.

Defense doesn't win the game

As conservatives, we've been playing defense for far too long.

Even when we were supposedly "in power" we were playing defense, when not defending Bush era policies we believed in, we were busy fighting against those Bush policies that characterized big government creep (Campaign Finance reform, creation of the department of Homeland Security, and Medicare prescription drug benefit, to name a few).

Because we abdicated the institution of the mainstream media a long time ago, we lost, and continue to lose, many battles of public opinion. The mainstream media long ago became the PR firm of the left, cleverly marketing liberal ideas in the most palatable manner for an apathetic public too lazy to look into, much less entertain, alternative ways of thinking. And if that wasn't bad enough, those small glimmers of fairness, or heaven=forbid, conservative-leaning media, are now being targeted for marginalization.

We long ago abdicated any influence at all in our educational institutions, where are children are regularly indoctrinated into liberal ideals of environmentalism, multi-culturalism, and anti-Americanism. Those of us who recognized this trend have spent many many hours attempting to counter this mis-information at home.

Most insulting of all, we've continually taken hits for greedy big businessmen who are in fact, in the pockets of big government lobbying to destroy competition. Contrary to conventional wisdom, these big businesses are not friends of conservatism or free market capitalism, yet their failures, their deceptions, are laid at our feet.

Republicans holding elected office have continuously betrayed our ideals, whether through sex scandals or caving in to liberal big government policies, the entire movement has been smeared by these bad apples to the point that the differences between the parties have been indistinguishable. We have been forced to elect unpalatable candidates (hello, Arlen Specter) because the alternative was unthinkable.

Now that unthinkable alternative has come to pass: Conservatives have been utterly marginalized and the Democrats are completely unleashed. There is no check, no balance, and every big government program true conservatives have been fighting against for years is now being rammed through channels with little thought or debate. It is a freight train, speeding down a hill towards some kind of Fascist Socialism and there are no brakes. Our only hope left is that liberals, as they always have, will over-reach and the public will wake up.

Thin hope indeed.

It's exhausting. There is not a single policy decision that the radical Obama administration has made so far that I do not vehemently oppose. As a conservative, I will keep making the arguments, but the arguments have already been made.

We can keep playing defense, but defense rarely puts points on the board. I'm not sure how to turn the game around, I only know that the defense has been on the field a long, long time. And they are getting tired.