Think Tank

What the hale happened to Whitney Houston

2012-02-11T20:38:00.000-08:00

Its hard to believe I will never hear her sing or she will never speak again. What the hale? What the hell were all these "entourage" people doing when Whitney stopped breathing? I find it hard to believe she was by herself. Just who is in charge over there?I know none of these things will bring Whitney back but why did she have to go in the first place.Couldn't she have been helped?Was she still with Bobby Brown? Was he there? Could he stand to gain from her death? God I hope not.

....the armed officers knocked down the door and shouted profanity- laced racial insults before leaving, according to the suit.

2008-11-14T22:27:00.000-08:00

Family Claims Police Hate Crime After Obama Celebration

By Associated Press November 14, 2008 11:21 am

A lawsuit filed Thursday alleges that while a huge Chicago crowd celebrated the election of the first black U.S. president, some white city police officers committed hate crimes against a black family cheering Barack Obama’s victory from home.

The federal lawsuit claims several officers discharged pepper spray on members of a family celebrating Obama’s win outside their home on the city’s West Side last week.

After some of the family members fled into the home, the armed officers knocked down the door and shouted profanity- laced racial insults before leaving, according to the suit.

The eight plaintiffs include Niger Arnold, 31, of Chicago, and her four children, who had been visiting relatives at the home.

“Chicago looked very good on national TV that night. For many people, it was the beginning of a new era in America,” attorney Gregory Kulis said. “Obviously, some Chicago police thought otherwise.”

The lawsuit, which seeks at least $50,000 in damages, claims use of excessive force, unlawful search and seizure, battery, and a hate crime. It cites only the unnamed officers and does not name the Chicago Police Department.

A separate lawsuit filed last week by Kulis claims Christina Ballard and Cornelius Voss, who are black, were driving home in Chicago with family members on election night when white officers in unmarked cars drove alongside the vehicle.

That lawsuit alleges that after some of the children cheered for Obama through the open car windows, the officers discharged pepper spray and yelled “white power” and the N-word.

Kulis said the family was able to get a partial license plate number from the unmarked cars, which were traced back to the city.

Independent Police Review Authority spokeswoman Ilana Rosenzweig said Thursday that the agency is investigating both allegations. She said the agency has received “multiple allegations” of election night misconduct by Chicago police officers but declined to give further details.

Chicago police spokeswoman Monique Bond also said that the allegations will be investigated and that the department

“does not condone or tolerate hate crimes on any level.”

“Police officers did an outstanding job protecting the city and maintaining order and peace during the Election Day and evening activities,” she said Thursday.

More than 100,000 people celebrated in downtown Chicago’s Grant Park on Nov. 4. All Chicago police were required to work. No major incidents were immediately reported, and officers cleared the park of rally-goers less than an hour after it ended.

TAGS: barack obama, celebration, Chicago, grant park, hate crime, police

Texas Monthly acknowledges (the de facto existence / independence) of Brownsville Herald Investigative Reporter Emma Perez-Trevino

2008-03-11T21:55:00.000-07:00

DANNENBAUM a Smoke Screen for Lencho Rendon's Dream Team Activities /Engagement with Asia Access Corp

Monday, October 22, 2007

Perry Appointee to UT Regents Linked to Scandals

One of the three men Governor Perry appointed to the University of Texas Board of Regents last week has been linked to political scandals at opposite ends of the Rio Grande, according to several news outlets. The appointee is James Dannenbaum, chairman of Houston-based Dannenbaum Engineering Corporation, whose company has become enmeshed in corruption probes in Brownsville and El Paso.

The following summary of the situation in Brownsville represents my summary of stories done by investigative reporter Emma Perez-Trevino for the Brownsville Herald. The original stories can be found here and here. In the Brownsville case, the Port of Brownsville wanted to work with Mexico to build a bi-national bridge to Matamoros, Mexico. Brown & Root won the contract to work on the bridge and billed the Brownsville Navigation District (BND) $424,505 up through July 1997. That's when a familiar name entered the picture: state senator Eddie Lucio. The Brownsville Herald has reported that Dannenbaum Engineering Corporation (DEC) hired Lucio for marketing, consulting, and public relations work. In the course of this work, Lucio introduced the firm to the BND board. Within a month, the BND board voted to fire Brown & Root and hired DEC without requesting proposals. DEC's original contract was for $2,053,515, but a series of supplemental contracts brought DEC's take to $15.5 million. Of this money, $10,529,058 went to subcontractors in Mexico, $9.2 million of which was paid to just three companies, all of which had ties to a DEC employee. One helps startup businesses, one provides security services, and one is a real estate company. BND was required to approve all subcontracts before any work was done, but DEC entered into 16 of 17 subcontracts without requesting that approval.

Construction of the bridge depended upon securing an agreement with Mexico to perform work on its side of the Rio Grande, which DEC representatives said was forthcoming. Despite such assurances, BND never received approval from Mexico. This is not a bridge to nowhere. It is a nowhere bridge.

In 2004, BND retained Charley Willette, Jr., as a special counsel to investigate how a total of $21.4 million in taxpayer money was spent on a project that was dependent upon Mexico's support. Willete's 62-page report traced the millions paid to subcontractors in Mexico and their ties back to DEC.

Peter Zavaletta, who became chairman of the Navigation District in 2004, told the Brownsville Herald that the only work that BND received was 49 black binders in which were a couple of charts.

Perez-Trevino reported in May that a criminal inquiry into the money that was spent on the nonexistent bridge is in the hands of a special grand jury, whose term will expire in early November. Both the FBI and the Texas Rangers began looking into the situation last March.

The El Paso situation is less complex. A United Press International story last June referenced "Dannenbaum Construction" in a wide ranging federal probe in El Paso:

EL PASO, Texas, June 13 (UPI) -- A Texas man once named by President George Bush to the International Boundary and Water Commission has been labeled a "bagman" in a corruption case.

John Travis Ketner, former chief of staff to El Paso County Judge Anthony Cobos, pleaded guilty Friday to conspiracy to commit bribery. Arturo Duran, who also is a member of the board of Thomason Hospital in El Paso, was identified as one of 17 co-conspirators in the case, the El Paso Times reported.

Federal investigators say Duran served as a go-between for two companies, Valley Risk Consulting and Dannenbaum Construction. The companies were after contracts from County Commissioners Court.

In a story about the El Paso investigation that appeared in the Herald, Perez-Trevino reported about Dannenbaum's role in the federal investigation in El Paso. These are the salient paragraphs:

In El Paso, Dannenbaum's firm allegedly is referenced as “DC” in an information report that the U.S. Attorney's Office filed in the U.S. District Court for the Western District of Texas on a guilty plea entered by John Travis Ketner, former chief of staff to El Paso County Judge Anthony Cobos.

Ketner pleaded guilty June 8 to two counts of conspiracy to commit mail fraud, one count of conspiracy to commit wire fraud, and one count of conspiracy to commit bribery in connection with his role in a conspiracy to fraudulently secure vendor contracts, public records show.

The El Paso Times identified "DC" as "Dannenbaum Construction" of Houston.

Noting that the name of his firm is Dannenbaum Engineering and not Dannenbaum Construction, Dannenbaum said, "our firm was not named in anything, was not referenced in anything."

According to the information report, Ketner and co-conspirators would meet with selected vendors to discuss the contracts being sought by the vendors and to settle on the amount of a bribe.

A co-conspirator allegedly acted as the intermediary and "bag man" for "DC," making and promising payments in cash or as campaign contributions to elected county officials, the information report reflects.

The report shows that on one occasion, a "DC" principal met with a county elected official. The intermediary and the elected official then entered a small bathroom in the county office and the intermediary promised a campaign contribution in exchange for the official’s votes to secure contracts for "DC".

Dannenbaum said that he did not have an intermediary, did not meet with the elected official and that no one from his office did. "Not to my knowledge," he said.

The question that naturally arises out of all this is what is going on in the governor's office? It seems to me there are only two possibilities here: Perry (1) didn't know or (2) didn't care. Even if he believes that Dannenbaum and his company have done nothing wrong (and to this point nothing official suggests otherwise), Perry has put UT in a position where one of his appointees can reflect discredit on the university. There are plenty of Texans who aren't enmeshed in criminal investigations in two cities who are qualified to be on the Board of Regents.

The other question is whether ethics rules--allow a state senator to operate a consulting business in which he introduces vendors to public officials who award contracts. I don't see how the answer can be "yes," but if it is, the rules need to change. I don't think Lucio is the only one who plays this game.

14 Comments:

Anonymous said...: what is interesting here is that even though Lucio has been on his payroll for years, this kind of journalism only gets done when the Republican governor appoints him to something. I guess it doesn't matter when the Valley Democrat senator is rumored to be on the take...only news when Perry, who isn't on his payroll, appoints him to something.

Great investigative journalism Paul.; October 22, 2007 4:34 PM
Anonymous said...: in fact, here is a trivia question for you: among the Democrat members of the Texas Senate, which ones actually make a living legitimately? It's not just Lucio folks.

Press bias is not about how the stories are written nearly as much as it is about which stories are NOT written.; October 22, 2007 4:40 PM
Eileen Smith said...: Damn liberal media.; October 22, 2007 4:41 PM
Thunder said...: Goobner Perry stand up to his reputation... and keeps Texas Politics alive....

Just gives more fodder to write about and never a dull moment either....; October 22, 2007 5:55 PM
Anonymous said...: why, if that is you eileen (Ms. Pink Lady), then what better example of what you speak (yes, you may only be a blogger, but now that you are TM blog editor, that makes you media.); October 22, 2007 6:02 PM
Eileen Smith said...: Pink Lady? Never heard of her.

Actually, I see your point on this one. Although people have questioned Lucio's business dealings before, this story didn't seem to have much traction until Dannenbaum was appointed to the UT Regents by Perry. However, at least it's getting press now.; October 23, 2007 9:57 AM
jw said...: 1) I count about 14 Senators who definitely work for their money on the up-and-up and another 9 or so who are basically retired. That's about normal.

2) At least the last five governors have appointed Mr. Dannenbaum to some volunteer board or commission -- most recently to the Sharp school tax reform panel.

3) I love the fine folks on the border. But designing and building and operating a major capital public works project on the border ain't easy.

Just saying.; October 23, 2007 12:32 PM
Anonymous said...: BND consultants facing prison time[Chinese illegals, S. Texas Congressman Solomon P. Ortiz (D)]
The Brownsville Herald ^ | June 11, 2006 | EMMA PEREZ-TREVIÑO

Posted on 06/11/2006 7:16:45 AM PDT by SwinneySwitch

Couple pleaded guilty to conspiracy charges

Consultants who took Brownsville Navigation District officials to China and paid U.S. Rep. Solomon P. Ortiz’s travels to the Far East are facing possible prison time after recently pleading guilty to an immigration plot involving Chinese nationals.

Sixty-four-year-old Kenneth D. Cohen, a Houston businessman and board member of the Marine Military Academy in Harlingen, and his wife, Ping Lee Cohen, 54, pleaded guilty in February to conspiracy to defraud the U.S. government in federal court in Houston.

“Mr. Ortiz was deeply disappointed that Ken and Ping broke the law, and the judge will decide the price they pay for that,” Ortiz’s spokeswoman, Cathy Travis, said Friday.

BND Deputy Director Donna Eymard said she was surprised to find out about the conviction.

“They were very professional people,” she said. “They always did a fine job for us,”

In a statement released earlier this year, U.S. Attorney Chuck Rosenberg said between April 2000 and October 2005, the Cohens contacted Chinese citizens who paid up to $120,000 to enter the United States and ultimately obtain citizenship.

The Cohens would bring in Chinese citizens under the false pretenses of attending business seminars or conducting business negotiations.

Rosenberg said the Cohens would recruit the owners of small U.S. companies to offer jobs to Chinese citizens. This allowed the Chinese citizens to obtain employment-based visas to enter the country and remain here on a business visa.

“The defendants then created an illusory relationship between Chinese companies and U.S. companies by submitting forged stock certificates, stock transfer ledgers and financial records in support of petitions to the former Immigration and Naturalization Service (INS), which were then filed with the Immigration Service on behalf of their clients,” Rosenberg stated.

The Cohens would use a law office to petition the INS for the Chinese citizens to enter and remain in the U.S. as executive-level employees of the various U.S. businesses.

“The affected U.S. business owners confirmed that the supporting documents had been forged, that they never employed the Chinese citizens and that their companies were never wholly or partially owned by the Chinese companies as required to obtain this class of visa,” Rosenberg said.

The Cohens face up to five years in prison and $250,000 in fines. They will be sentenced later this fall.

Doing Business with BND

The Cohens have numerous corporations, a review of public records show, but in Brownsville, they were known to BND as Asia Access Corp.

Eymard started working for BND in 2000. Present board member Roy de los Santos was already on the BND board as was former board member Carl “Joe” Gayman. Former board member Sidney Lasseigne was getting ready to join the board.

The late Raul Besteiro was BND’s chief executive officer.

BND’s first payment to the Cohens’ corporation was in March 2001 in the amount of $20,000 for “consulting fees,” public records show.

By November 2002, BND had paid Asia Access $91,108. Of this amount, records indicate that $15,510 was reimbursement for a stay at the Hotel Beijing, $80 for visas to China and $5,980 for airfare to Ningbo-Hong Kong in 2001.

BND paid Asia Access a service fee of $5,000 in 2001 for a trip to China and paid the firm a consulting fee of $40,000 in July 2002.

BND officials made three trips to China between 2000 and 2003.

“I know they arranged all the Far East trips, but how they came here, I could not begin to tell you. I don’t know,” Eymard said.

De Los Santos said he also didn’t know.

Gayman said Ping Lee Cohen was BND’s tour guide in China and arranged meetings with Chinese officials and companies.

“They would arrange the trips and work out the itinerary. I never did see anything suspicious,” de los Santos said.

“From the minute we arrived, all the meetings were set up,” Eymard recalled.

Getting Close to a Congressman

Travis said that Ortiz, D-Corpus Christi, has known the Cohens for more than a decade and became acquainted with them through mutual friends.

Travis said she doesn’t know if Ortiz or any member of his staff introduced the Cohens to BND and left the question to BND.

Gayman thinks Ortiz brought the Cohens to BND: “The congressman is the one that instigated the trips to China,” Gayman said.

Lasseigne recalled that Ortiz, his former chief of staff Lencho Rendon and Besteiro were close to the Cohens to “Madam Ping,” Ping Lee Cohen.

“She was very attractive, very, very, attractive, real sharp in business,” Lasseigne said of Ping Lee Cohen.

“I remember Lencho telling me that his ideal dream team (to help BND) would be (lobbyist) Randy DeLay, (Monterrey consult-ant) Esther Rodriguez and ‘Madam Ping,’” Lasseigne said.

The BND present and former officials said that to their knowledge, BND never assisted Chinese nationals in obtaining visas.

Asia Access also figures prominently in trips that Ortiz and Rendon made to the Far East, including China, Hong Kong, Taipei and Beijing.

The firm paid for four trips, a study by the Washington, D.C.-based nonprofit organization, the Center for Public Integrity shows.

The organization recently tracked the travel of U.S. representatives and senators.

The trips were made at Asia Access’ expense by Ortiz and Rendon in 2000, 2003, 2004 and 2005 at a reported cost of nearly $48,000 combined.

Travis said Ortiz accepted the trips because he searches for ways to increase development in South Texas.

“One way to leverage that development has been to travel to Asia with South Texas business owners,” Travis said. “His presence with area businesses in the vibrant, dynamic Asian marketplace ensures their access to the decision makers at Asian companies, as well as to government offices there.”

And no, Travis said, neither Ortiz nor any staff member has facilitated the entry of Chinese nationals into the country.

Neither BND trips nor Ortiz’s trips have resulted in economic development here, Gayman said.

“We never got any business out of China,” Gayman added.

[e-mail]eperez-trevino@brownsvilleherald.com[/e-mail]
TOPICS: Crime/Corruption; Extended News; Foreign Affairs; News/Current Events; US: District of Columbia; US: Texas
KEYWORDS: bnd; china; congress; democrat; illegals; immigrantlist; ping; snakehead
“The congressman is the one that instigated the trips to China,” Gayman said.
1 posted on 06/11/2006 7:16:51 AM PDT by SwinneySwitch
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To: Paleo Conservative; LongElegantLegs; radar101; RamingtonStall; engrpat; HamiltonFan; Draco; ...

Solomon P. Ortiz Ping!

2 posted on 06/11/2006 7:19:10 AM PDT by SwinneySwitch (Democrats-beyond your expectations!)
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To: SwinneySwitch

" "Madam Ping," Ping Lee Cohen. "

Pinging Ping Lee

"Chinese citizens who paid up to $120,000 to enter the United States and ultimately obtain citizenship."

That's a *ping amount of dollars. Should have paid $1,000 for a flight to Mexico and walked across ;)

3 posted on 06/11/2006 7:25:50 AM PDT by bwteim (bwteim = begin with the end in mind)
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To: SwinneySwitch
Travis said that Ortiz, D-Corpus Christi, has known the Cohens for more than a decade and became acquainted with them through mutual friends.

Maybe that should be "mutual funds."
4 posted on 06/11/2006 7:28:36 AM PDT by FreePaul
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To: bwteim

Culture of corruption

5 posted on 06/11/2006 7:29:42 AM PDT by CPT Clay (Drill ANWR, Personal Accounts NOW.)
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To: bwteim

Ping Pong Balls

6 posted on 06/11/2006 7:30:47 AM PDT by battlegearboat
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To: CPT Clay

http://www.campaignmoney.com/political/contributions/ping-cohen.asp?cycle=02

http://www.usdoj.gov/usao/txs/releases/February2006/060208-Cohen.htm

7 posted on 06/11/2006 7:41:00 AM PDT by bwteim (bwteim = begin with the end in mind)
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To: CPT Clay

Since 2000 to political hack Ortiz has taken 18 trips and spent 156 days travelling outside the USA. Cost of travel is $108,230.00. Many trips taken thanks to Asia Acess Corp. Data retreived through a Google entry - Hong Kong Solomon Ortiz.

8 posted on 06/11/2006 7:41:05 AM PDT by gaspar
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To: SwinneySwitch

I am thinking someone may end up on probation for a whole year here.

9 posted on 06/11/2006 7:59:28 AM PDT by mmercier (same as it ever was)
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To: SwinneySwitch

5 years to bring in wealthy chinese who would spend their money here, and a free ride for the coyotes who bring in illiterate poor scum, who bleed us dry. Any logic in this?

10 posted on 06/11/2006 9:23:31 AM PDT by stephenjohnbanker (If you got Sowell, you got Soul !)
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To: SwinneySwitch

Why did these "wealthy" Chinese want to come here? Just to hang out in the malls and soak up American culture? Or....?

11 posted on 06/11/2006 10:14:06 AM PDT by SuzyQue
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To: SwinneySwitch

>>>>Lasseigne recalled that Ortiz, his former chief of staff Lencho Rendon and Besteiro were close to the Cohens to “Madam Ping,” Ping Lee Cohen.

Could this be related to Sister Ping?

http://www.freerepublic.com/focus/f-news/1597900/posts
'Sister Ping' Convicted in Smuggling Scheme

http://www.freerepublic.com/focus/f-news/1622395/posts
Golden Venture Survivors Face Another Hurdle

12 posted on 06/11/2006 10:45:32 AM PDT by Calpernia (Breederville.com)
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To: bwteim

12 ?

13 posted on 06/11/2006 10:46:26 AM PDT by Calpernia (Breederville.com)
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To: SuzyQue; stephenjohnbanker
From the stories I read about in my post 12, the people smuggled in didn't have the money up front to pay. They had to work the money off in servitude style. Businesses would pay the smuggle fee to the coyote/smuggler and gain a type of ownership over them until their fees were paid.

I don't know if the Sister Ping is related to this Cohen story; but it sounds like a similar scenario.
14 posted on 06/11/2006 10:50:32 AM PDT by Calpernia (Breederville.com)
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To: Calpernia

Oh correction. I said coyote. I think that is the term for Mexican smugglers. I believe for Chinese the term is snakehead.

15 posted on 06/11/2006 10:51:54 AM PDT by Calpernia (Breederville.com)
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To: Calpernia

Always a chance, but Ping is not an unusual surname.

16 posted on 06/11/2006 1:01:05 PM PDT by bwteim (bwteim = begin with the end in mind)
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To: CPT Clay

This is the tip of the iceberg compared to what is coming in the future with our third world invasion. Corruption is a normal way of life for these people.

17 posted on 06/11/2006 1:57:52 PM PDT by doc
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To: bwteim

You are probably right about the name being common. But the circumstances sound similar too.

18 posted on 06/11/2006 2:46:58 PM PDT by Calpernia (Breederville.com)
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To: Calpernia

""In a statement released earlier this year, U.S. Attorney Chuck Rosenberg said between April 2000 and October 2005, the Cohens contacted Chinese citizens who paid up to $120,000 to enter the United States and ultimately obtain citizenship""

120,000 per person is not hay. The Mexican coyotes do not get prosecuted, but these people bringing in chinese might get 5 years. That was my beef.
Glad Breederville is doing well. Bump!

19 posted on 06/11/2006 5:08:04 PM PDT by stephenjohnbanker (If you got Sowell, you got Soul !)
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To: bwteim

"Should have paid $1,000 for a flight to Mexico and walked across ;)"

That isn't the way it works in Mexico!

To get there Chinese are brought by ship and unloaded on a derseted beach and transported to the US by smugglers.

Chinese were paying over $20k over 20 years ago for the "service".

I was approached, offered $1000/person, and declined, to fly illegal chinese between a private airstrip near Guadalahara and a private airstrip near the US border because they couldn't get them past the Mexican check points.

For that kind of money i'm sure they found someone to do it.; October 24, 2007 3:47 AM
Anonymous said...: Saturday, October 06, 2007
The suit over the imaginary Brownsville bridge will move forward in Cameron County

BND contractor Dannenbaum Engineering Corp. is no longer seeking to stop a lawsuit alleging breach of an agreement from proceeding in Cameron County.

BND Commissioner Peter M. Zavaletta, who sued the Houston-based engineering firm Aug. 13 as a taxpayer, not as a board commissioner, was not surprised by the development.

“As a practical matter, it removes any barrier to proceeding with a trial in Cameron County,” Zavaletta said Friday.

Dannenbaum had sought to remove the lawsuit to Harris County and a hearing had been scheduled there for Oct. 11.

See previous posts.

posted by CouldBeTrue @ 9:36 AM
1 Comments:

At 1:48 AM, The Advocate said...

Come on Chisme?

Give us the rest of the story.

How bout the story PUBLIC DEMANDS JUSTICE

In the latest South Texas Independent Journalists Association (STIJA) survey, the public is demanding that Congressman Solomon Ortiz, his former aide Lencho "El Pescado" Rendon and State Senator "Sucio" Eddie Lucio should spend time in prison for their roles in the $21 million Port of Brownsville heist.; October 24, 2007 3:48 AM
Anonymous said...: Ex-Brownsville, Texas, commissioner willing to testify about bridge project.

COPYRIGHT 2005 The Brownsville Herald

Byline: Emma Perez-Trevino

Jan. 30--BROWNSVILLE -- A former Brownsville Navigation District commissioner said she is willing to testify before a grand jury regarding allegations that a U.S. representative's aide pressured BND into hiring subcontractors for a proposed international commercial bridge.

Sidney Lasseigne, who served as commissioner from 2000-2004, alleges that U.S. Rep. Solomon P. Ortiz's chief of staff Lencho Rendon was involved in the project and helped determine who worked on it.

"I have stayed quiet, not out of guilt, (but) because I have been trying to get on with my life," Lasseigne said, referring to overcoming the grief of her son's death in 2003 and last year's death of BND Chief Executive Officer Raul A. Besteiro Jr.

BND special counsel Charles Willette Jr., who released his six-month investigative report this month into how $21.4 million were spent on the binational project, was told by project manager Dannenbaum Engineering Corp. that Rendon recommended a firm called Construcciones Mantenimiento y Comercializacion RODA S.A. to perform feasibility studies in Mexico on the project.

RODA was contracted for its services, although the company did not receive the...; October 24, 2007 3:52 AM
Anonymous said...: Monday, June 18, 2007
THE PORT OF TOXIC WASTE AND CORRUPTION

COULD THE WATERS OF BROWNSVILLE BE ANY MORE DIRTY? IS OUR PORT A TOXIC WASTE DUMP?

Let me begin by saying in clear and no uncertain terms - anyone can be accused of criminal conduct. As we saw in NC this week a DA is capable of fabricating evidence against the innocent. Here in Texas when a DA does that the State Bar of Texas declares a state holiday as opposed to disciplining the DA. (Side note- in Dallas the now former DA got away with the illegal prosecution of over 50 Mexican Americans - planted and fabricated evidence - the morning his underling was to testify against him, his underling was found dead in his home - a gun shot to the head - Brownsville has nothing on Dallas when it comes to corruption) The State Bar of Texas has a motto for the DA’s of Texas - "the challenge is in convicting the innocent, not the guilty." My point is, the allegation of criminal conduct does not make one guilty. We must always presume a person is innocent unless under the mandate of real due process the person is convicted and found guilty.

This entire piece began with me researching why the BND tabled a vote on leasing land to Bay Bridge Enterprises which dismantles Navy ships. This would put Bay Bridge in competition with Esco Marine and maybe Sanship, Inc. Bay Bridge is offering 125 Brownsville residents jobs ranging from 10-40 dollars an hour with full benefits - health, dental 401K. What is there to table?

Until I realized who Esco-Marine is, and their history, and the possible interests of Sanship and the claims against Sanship I was uncertain how I felt about this story - maybe there are valid reasons for denying 125 Brownsville residents good jobs - Esco-Marine and Sanship’s respective histories are so dirty - I simply have to believe there is dirty politics afoot here.

Well, maybe Esco-Marine does not want the competition. In the interest of transparency - each Board Member needs to commit to the public that they will not take political contributions from Esco-Marine, Sanship, Inc, or Bay Bridge - We the public need to hear this so that we know what ever decision comes from this Board it is based on what is good for Brownsville and not the pockets of the Board Members.

As I am researching Esco Marine I find the reference to Sanship which appears to also have Navy ship scrapping rights. Does Bay Bridge have a problem with Sanship? Do not know - maybe someone knows of some sour grapes between the two companies.

According to the Office of the Secretary of State the Registered Agent for Sanship, Inc is Emilio Sanchez - the address listed is the same as for TEXMEXCold.com which is owned by none other than Mr. Clean himself Robert Sanchez.

http://ecpa.cpa.state.tx.us/coa/servlet/cpa.app.coa.CoaGetTp?Pg=tpid&Search_Nm=Sanship%20&Button=search&Search_ID=32004487420

See also, http://www.texasaquaculture.org/id177.html - Someone needs to demand that Robert Sanchez take a public position as to leasing to Bay Bridge - I hope this is not the type transparency in government Pat Ahumada promised We the People. Pat if you believe in Transparency you must demand that Robert Sanchez disclose any conflicts of interest he may have related to Bay Bridge and or Sanship and whether or not he has promised money to De Los Santos and or Cristiano to oppose the deal. The people of Brownsville have a right to those 125 good paying jobs.

Here are the stories related to Emilio Sanchez - Sanship - for each story if I could find a follow-up I printed it - I will certainly post any follow-up to any of these stories which are sent to me - full disclosure is the goal.
This is a current and ongoing story.

"The rig’s owner, Emilio Sanchez, has not been keeping booming in place in the water to contain leaks from the rig, which he previously had stated he would do, court documents state.Officials said Sanchez and his company, Sanship Inc., could face criminal charges of unauthorized discharge into state waters, officials said.Sanchez could face up to five years in prison and a $100,000 maximum fine while his company could face a maximum $250,000 fine."
http://thefacts.com/story.lasso?ewcd=3842672e51b6fe92

"The county’s environmental crimes investigator conducted a criminal search warrant on the vessel two weeks ago to determine whether criminal charges could be filed against Sanchez and his company, Sanship Inc., for unauthorized discharge in state waters."
http://thefacts.com/story.lasso?ewcd=b788d422f8f5f197

"And his troubles don’t end with the land office. According to documents obtained by the GLO, Sanchez has not paid Esco Marine for the $1.05 million cleanup operation.In a letter to Sanchez dated Feb. 28, Esco Marine’s comptroller, Marcelino Salinas, said invoices sent to Sanchez’s company, Sanship Inc., had gone unanswered."Previous inquiries concerning the balance owed have been ignored," he stated in the letter, "therefore we are putting a lien on the vessel and no further work will be performed on the project."

http://thefacts.com/story.lasso?ewcd=d5cc5d767e7f01bd

My question here is how much more business has Sanship done with Esco-Marine? Does Sanship (Emilio Sanchez) have a reason to protect Esco-Marine’s business interests at the Port?

"The agency acted after BAN contacted legal defense organization Earthjustice of Oakland, California, which in turn notified the present owner, Emilio Sanchez of Brownsville, Texas, and EPA of intent to take legal action to halt the export should the government fail to act. Region IX EPA, based in San Francisco, then took action, conducting on-board sampling to see if the vessel contained toxic polychlorinated biphenyls (PCBs) which are illegal to export from the United States under the Toxics Substances Control Act. PCBs were found at very high levels in on-board materials."
http://www.commondreams.org/news2004/0504-12.htm

"Emilio Sanchez: A South Texas businessman with many interests, in 1994 he tried to negotiate in Mexico two stolen U.S. Treasury checks -- each made out to him for $10 million. Never prosecuted, he has bought the scrapping rights to several Navy ships since then."
http://www.pulitzer.org/year/1998/investigative-reporting/works/day2/1.html

Who is Esco -Marine - First - Lencho Rendon, former Chief of Staff for Solomon Ortiz, is a paid consultant for Esco Marine. Second their president is Richard Jaross.

http://www.escomarine.us/index_files/Page406.htm

"When the U.S. Navy began its great sell-off of surplus ships in 1991, Richard Jaross was among the first to see an opportunity. He began dismantling Navy ships at a California scrapyard, where workers were exposed to lead and asbestos. He came to Baltimore to help put together the ill-fated Coral Sea project. He then set up a scrapyard in Wilmington, N.C., but the state shut it down for mishandling asbestos, polluting a river and contaminating the soil with oil and lead"

http://www.pulitzer.org/year/1998/investigative-reporting/works/day2/1.html

I just thought the people should know the players who may be opposing 125 good paying jobs for the people of Brownsville.

I think we now need a comment from Pat Ahumada as to whether or not he supports Bay Bridge, and full transparency from the Sanchez Family.

I know I am going to be attacked big time on this one - I ask my readers to look how I gave you the links - I am not saying trust me - just read the links - I know this will not stop the attacks - Based on experience I know that tomorrow attorneys are going to be getting in a lot of billable hours - I stand by the story and like I said - I will post any updates to the history of the cast of characters - I know this will not stop the billable hours -

I am not afraid of being sued because the Texas Supreme Court in the last two months made it clear that the courts shall sanction any attorney who brings a frivolous lawsuit - I can use the money so - hey guys bring it on.

Posted by BobbyWC at 10:58 PM

7 comments:

Anonymous said...

I'll be first. I have neither received nor been offered any campaign contribution from any ship dismantler or from any principal thereof, or from Baybridge for that matter.

Peter Zavaletta
June 19, 2007 7:20 AM
Anonymous said...

i didn't vote for pat, but unless he is personally involved in this deal, he doesn't owe us a public opinion on this matter. i would love it if he distanced himself from robert sanchez period, for no other reason than that he is a political bully. if something comes of this investigation, pat should refuse any future campaign donations from sanchez. until then, he needs to concentrate on city issues and not prematurely create bad blood between him and other public entities that he will have to work with throughout his term. i mean, pat being pat, he will eventually create bad blood between him and other public officials, but let's at least hope he waits until he has a real say on policy.
June 19, 2007 11:00 AM
BobbyWC said...

Anonymous - basically I agree with you - but on the issue of jobs - it is 125 good paying jobs for the taxpayers who support the port - Pat needs to tell us whether he supports the lease with Bay Bridge or whether he opposes it

People are not going to bring these type jobs to Brownsville if they cannot count on the Mayor and County Judge to support them in their efforts.

Pat will not dump Sanchez - Pat will hang himself before he distances himself from Sanchez - that discussion is a train which has already left the station and further discussion will only cause needless frustration - Pat is so much like George W. Bush - he will hold on to his friends until the bitter end -

in spite of this we all need to hope Pat succeeds - pat's success as mayor is Brownsville success - let us not forget this - we may just have to ignore his irrational loyalty to Sanchez - assuming he is moving forward otherwise.

But we the people who pay the taxes to support the Port are entitled to these jobs and Ahumada and Casco both need to publically support the lease with Bay Bridge

Bobby WC
June 19, 2007 11:27 AM
TheSpotlight said...

http://www.ibiblio.org/maritime/Scheepvaartnieuws/Pdf/scheepvaartnieuws/2005/maart/073-%2022-03-2005a.pdf

OSHA!
June 19, 2007 3:06 PM
BobbyWC said...

On Spotlight's link go to page 18 for the story on Esco -

side note - a friend of mine while in the Navy did refurbishing of ships - he is now dead from lung cancer

Just something to think about
June 19, 2007 6:18 PM
Anonymous said...
This post has been removed by a blog administrator.
June 20, 2007 10:21 AM
Anonymous said...

Presentation and board discussion of the Baybridge proposal can be found in the May 23 meeting at this link

http://cafebrownsville.com/archive/2007_05_01_archive.html

Find the May 23 meeting, then click the play button. Move the slider to 53:55, then click play again.

Peter Zavaletta
June 20, 2007 10:35 AM; October 24, 2007 3:54 AM
Anonymous said...: The Another Perry Appointed UT Regent Linked to Scandal

Serpent IN the Garden January 14, 1996 Houston: Inaction Allowed Abuser To Roam For 10 Years.

If this was leaked to the media did the Corpus Christi Caller Times tell us about this pedophile?

Did the Caller publish any stories on this matter?

And the CCISD Board did they inform the community?

The Serpent IN the Garden January 14, 1996 Houston: CCISD board President Henry Nuss AQUIESCED. CCISD eagerly supplied pedophile with young patients - even after he had been publicly charged.

CORPUS CHRISTI - James Plaisted was a respected child psychologist, a deacon in one of the city's largest Baptist congregations and the father of four.

He also was a child molester so brazen he escorted little girls into church and fondled them under his coat while listening to the sermon.

Parents knew. So did church pastors, school officials and state regulators. But few did anything to stop him, and those who tried were remarkably unsuccessful.

It took 10 years to get Plaisted behind bars. Only he knows how many children he molested during that time.

Last month, Plaisted - already serving a two-year federal prison term for luring a Texas patient to Boston to continue molesting her -was brought back to Corpus Christi in chains.

He pleaded guilty to sexually assaulting four girls and was sentenced to 40 years in prison.

State regulators have yet to revoke his license to practice psychology.

""I think the Plaisted case is the model of what happens when the system fights with itself," said Susan Snyder, a Kingsville attorney and former prosecutor who tried to lock up Plaisted in 1992.

""Obviously, there have been safeguards in place to prevent this man all along, but either (state officials) were too lazy or too busy, or too scared of the politics of going and yanking this man's license," Snyder said. ""It's not the legal system failing. It's the people within the legal system that refuse to let the legal system work."

It's not as if no one tried.

Carmen Alvarado, the mother of the first child to accuse Plaisted more than 10 years ago, sought criminal charges against the therapist and filed an ethics complaint with the Texas Board of Examiners of Psychologists. She alleged that Plaisted had fondled her son's penis during a late-night counseling session.

Alvarado called the Parkdale Baptist Church, where Plaisted, 46, was a deacon.

""They said they were leaving it in God's hands," she recalled.

""I don't think they were thinking straight at the time."

She went to other parents. She got no help.

In the end, it was just her son's word against Plaisted, who told a Corpus Christi jury in 1986 that the 6-year-old child was a habitual liar and a pyromaniac who derived sexual excitement from setting fires. It didn't help that a new prosecutor was assigned to the case just before trial.

The jury acquitted Plaisted; his practice continued.

""It made me mad because when I went for help, all I asked was for them to testify," Alvarado recalled. ""We lost because my son was the only witness we had."

""It was a very tough call to make," said another victim's mother. ""And looking back, I really should have crucified him, but I didn't. I chose not to after talking to my attorney. He told me it would just really traumatize my daughter."

The Corpus Christi woman, who asked not to be identified, said she did confront Plaisted and his wife, who were neighbors in 1984, when her daughter was allegedly molested while spending the night with one of Plaisted's daughters.

""He did not deny it," she said. ""He said he could have done it

in his sleep."

Plaisted's wife laughingly added that she and her husband often made love at night, and he would not remember the next morning, the woman said.

The woman, who was also a member of the Parkdale Baptist Church, recalled telling church officials later about Plaisted's molestations.

""But it didn't seem to make any difference," she said. ""The church really backed him up, and a lot of people left the church after that."

Plaisted's attorney, Doug Tinker, refused to allow the Chronicle to interview his client. The criminal defense lawyer, who earlier this year represented Yolanda Saldivar, who was convicted of murdering Tejano star Selena, declined to discuss the Plaisted case.

The victims' families have since sued the church for negligence, but Parkdale's lawyer argues the congregation should not be held responsible for Plaisted's actions.

""It would be the church's wish to get this thing resolved without causing any additional hurt to anyone," said attorney Van Huseman. But he added, ""If a child gets molested in the middle of the service, how does that get to be the pastor's fault?"

Plaisted - a Nebraska native who served in the Army in Vietnam -came to Corpus Christi in 1982 with impeccable credentials, having earned his doctorate in clinical and child psychology from Auburn University in Alabama in 1981.

He quickly built a private practice, and over the years, developed a good reputation as an expert on brain dysfunction.

The Corpus Christi school district, along with local pediatricians, eagerly supplied him with young patients - even after he had been publicly charged. Members of the church also sought his help, and he had hospital privileges at the prestigious Driscoll Children's Hospital, a South Texas institution known both for quality care and charity.

Neighbors described Plaisted as pleasant, reserved, well-spoken. He was methodical, they said, and liked to work on projects around the house.

Plaisted recruited some of his victims from broken homes, showering the children with gifts, inviting them and their parents to Thanksgiving dinners. One 9-year-old girl who spent the night with Plaisted's daughter told prosecutors the psychologist molested her on the sofa in his living room while he and the children watched the movie "Home Alone"

on video.

He curried favor with his victims' parents by lending them money and refusing repayment, or by buying them air conditioners and other gifts. One mother even acted as a character witness for the therapist during the Alvarado trial, unaware that her own child was being molested.

""The bottom line is this guy had complaints filed against him at the psychology board - and they are serious - and the board doesn't notify the school about the complaints," said Jerry Boswell, director of the Citizens Commission on Human Rights, a group funded by the Church of Scientology (SEE CORRECTION) that documents cases such as Plaisted's. ""And the school is still referring children to this guy."

Corpus Christi school administrators said they used Plaisted infrequently for psychological testing of students, although school records and correspondence indicate he was a consultant from 1983 until he was indicted for child sexual assault in late 1992.

School administrators have identified records of five students referred to him for psychological testing between 1985 and 1992. There are no records prior to 1985.

School board President Henry Nuss, who has served on the board for seven years, said he first heard of the Plaisted case when he was contacted by the Houston Chronicle last week.

""We certainly should be more selective in who we're using," he said.

After Plaisted was charged in the Alvarado case in April 1986, Robert J. Garcia, the school district's special education director, wrote to the state psychology board to ask about the psychologist's record. The agency's executive director replied that Plaisted's license had been suspended, but because the psychologist was in the process of suing to get it back, he remained licensed to practice. The letter gave no details about the nature of the complaints.

""He was given a clean bill of health by the only agency that had anything to say about it," said Dr. Adrian Haston, a psychologist who coordinates the school district's psychological services, and who, years ago, shared an office with Plaisted.

Haston emphasized that none of the schoolchildren referred to Plaisted were molested. ""And we never had anything untoward, any problems of that sort," he said.

Asked why the district would risk using a psychologist once accused of being a child molester, Haston replied, ""This is something the district did, and you can ask the director of special education why."

Garcia said in a recent telephone interview that he could not remember whether he knew about the child molestation charges at the time he wrote to the psychology board.

""All I know is we asked for what his status was and they said he could still practice," he said. ""We knew he was under review, but we didn't know what for.

""Look, the state board of psychologists, they're the ones that allowed him to continue to practice," Garcia added angrily.

""If anyone should be asked as to why this guy was allowed to continue, it should be the state board of psychology."

Pressed for further details, Garcia abruptly ended the interview and hung up the phone.

Although Plaisted was acquitted in August 1986 in the Alvarado case, the psychology board continued its investigation and ruled in November of that year that Plaisted had violated professional standards.

The board officially suspended his license for two years, but said he would be allowed to resume his practice in three months.

Meanwhile, Plaisted challenged the suspension in state district court in Austin, arguing the psychology board had unfairly considered allegations that had not been introduced during his hearing, denying him the opportunity to defend himself against them. The judge agreed, and in January 1987 reversed Plaisted's suspension.

While the board was investigating Plaisted's case, they were contacted by Corpus Christi psychologist George Kramer.

Kramer, who had hired Plaisted in 1982 before Plaisted was licensed, told the board to subpoena records of the state Department of Human Resources. It did, and found other instances of alleged molestation by Plaisted.

In April 1989, the board reached an agreement with the psychologist that allowed him to keep his license if he agreed to be supervised for 11/2years. Plaisted was to treat children only in the presence of an associate or in a location where he could be observed by a television monitor. He also was to pay to have Corpus Christi psychologist Joseph Horvat supervise his casework.

Horvat met with Plaisted weekly, but after a year - convinced that Plaisted was doing nothing wrong - he recommended the supervision be terminated six months early. The board decided to continue the supervision.

""I have found no evidence in any way, shape or form of any behavior on his part which could be in any way construed as unprofessional or unethical," Horvat wrote to the board.

Included in one of his reports to the board was a review of Plaisted's treatment of an 8-year-old girl - a child Plaisted was later charged with molesting.

The board's general counsel, Barbara Holthaus, acknowledged past actions taken by the agency were inadequate.

""With hindsight, of course it wasn't appropriate, because look at what happened," Holthaus said. But she said the board has since added lay people to its ranks and has a new, tougher state law giving it better enforcement powers.

""Now, if we get a report that a psychologist is molesting a client, we can go before a judge and say we want to temporarily suspend the license," she said.

Holthaus said the board has filed a motion to revoke Plaisted's license, but Plaisted is fighting it.

""It's all kind of moot, because he's incarcerated," she said.

Soon after Plaisted completed his board-ordered supervision, Corpus Christi police received new information from state child welfare workers that Plaisted had been molesting girls at his office, in church and at home in his hot tub.

Former detective Eric Michalak, who now works in Colorado, remembered taking the Plaisted case to a Nueces County assistant district attorney for prosecution.

""He wanted to get a warrant for the doctor and arrest him, because we had very strong evidence against him," Michalak said. ""We had multiple victims and you had a guy in the position he was in, where he had access to all these victims.

You would want to take quick action rather than let it go on for so long."

The prosecutor was overruled by then-District Attorney Grant Jones, Michalak said. ""(Jones) just said, `We're not getting a warrant. We're taking our time.' He wanted the kids reinterviewed by one of the prosecutors.

""Any time you go after someone like that, there's a lot of politics that come into play," Michalak added. ""Instead of stepping in right then, and bringing it out in the open and taking it to a grand jury (for indictment), they delayed."

Jones contends that any delay in prosecution was an effort ""to tie the case down tight. We didn't want to lose him twice,"

said Jones, on whose watch Plaisted was acquitted in the Alvarado case.

Jones called it ""outrageous" the psychology board still hasn't revoked Plaisted's license.

""They should have done it in 1986," he said. ""What they want to do is wait around until you go to trial and you convict him, and then they come in behind your conviction and revoke his license. Well, what's he doing in the meantime? He could be out in the community molesting kids for two years."

Michalak said the case was finally taken to the grand jury several months later after he leaked the information about Plaisted's investigation to the local media.

""It was taking too long, and it wasn't being handled like another case," he said. ""And it was because he was so prominent in the community."

Plaisted was finally indicted in Corpus Christi in October 1992. He posted bond, closed his practice in Corpus Christi, and negotiated an agreement with the psychology board to place his license on inactive status until he could prove his innocence.

He then moved to Boston, where he enrolled in Boston University Law School and successfully completed his first year of studies by May 1994.

While in law school, Plaisted began calling a former patient - the girl whose treatment Horvat had reviewed in Corpus Christi. Plaisted convinced the girl's mother - who was also a patient of his - to bring the girl to Boston for additional therapy.

Plaisted's plans were foiled when a policeman setting up a speed trap in his neighborhood accidentally intercepted on his police radio a sexually explicit telephone call between the girl and Plaisted, who was using a cordless phone.

FBI agents were called in, six other calls were taped, and Plaisted was arrested on June 3, 1994, after he met the girl, then 13, and her mother at the train station and took them to a budget motel.

""The mother wasn't aware" of the molestations, said Adolfo Aguilo, an assistant Nueces County district attorney. ""The mother had a borderline personality disorder - she developed dependency on people -and unfortunately for her the person she developed a dependency on was Dr. Plaisted."

Sgt. Michael Harpster, a police detective from suburban Boston who helped arrest Plaisted, described him as ""very congenial, almost shy."

""He'd answer questions very courteously, but he didn't show any outward signs of knowing the seriousness of the situation," Harpster said.

Last January, Plaisted was sentenced by a federal judge in Boston to a two-year prison term after he pleaded guilty to transporting a minor across state lines to engage in illegal sexual activity.

The Corpus Christi conviction and sentence came almost a year later.

In the end, Plaisted admitted molesting four victims. But prosecutors say no one will ever know how many others failed to come forward.

""I imagine there could be several other victims. Through his practice and the church he probably had access over the years to thousands of children," said Aguilo, the Corpus Christi prosecutor who eventually secured Plaisted's guilty plea.

""To me, any kid that came in contact with this guy was a victim in some way or another," added Michalak.

When Plaisted was sentenced last month, it was a bitter emotional meeting for many of his young victims and their parents, who had been called as witnesses in case Plaisted decided against the plea bargain.

Parents said Plaisted stood up straight, held his head high and looked the judge in the eye. And when he saw the relatives of his former victims, he acted as if he were attending a reunion of old friends, they said. One parent said Plaisted looked as if he thought they were there as supporters or character witnesses.

""He turned around and gave the families a big smile," Alvarado said. ""I couldn't believe it."

Alvarado, who sued Plaisted in civil court, has received a settlement for an undisclosed amount. Her son, now a teen-ager, is still struggling with his past abuse, she said, and she continues to feel betrayed by those who would not join her in speaking out years ago.

""I told them if they had helped me in the beginning, none of this would have happened," she said.

Plaisted timeline

Key dates in the career of Dr. James R. Plaisted:

January 1983: Licensed to practice psychology in Texas.

October 1984: Investigated by Texas Department of Human Resources for allegedly molesting a neighbor's child.

April 1986: Charged in criminal case for allegedly fondling a boy during therapy.

August 1986: Acquitted by jury in Corpus Christi.

October 1992: Indicted for sexual abuse of three Corpus Christi girls.

December 1992: Closed Corpus Christi office; moved to Boston to begin law school.

June 1994: Arrested by FBI agents for luring a 13-year-old former Corpus Christi patient to Boston.

January 1995: Indicted by Corpus Christi grand jury on three counts of aggravated sexual assault for incidents years earlier involving the same girl.

January 1995: Sentenced to two years in federal prison in Boston case.

Dec. 7, 1995: Sentenced to 40 years in state prison by a Corpus Christi judge after pleading guilty to five counts of aggravated sexual assault of a child.; October 24, 2007 4:00 AM
Eileen Smith said...: Thanks for the related stories, Anon. Next time, can you just post the link? Posting that much content puts you in competition with Burka.; October 24, 2007 9:02 AM
Melissa Zamora said...: Dear Mr. Burka:

Finally, your publication gives proper and well-deserved credit to Brownsville Herald investigative reporter Emma Perez-Trevino.

Perez-Trevino and former reporter Patricia Guillermo were also largely responsible for uncovering the corruption scandal of former Cameron County Sheriff Conrado Cantu, but Texas Monthly failed to give credit where it was due.

Perez-Trevino wrote several investigative pieces on the Irene Garza/Priest scandal in the RGV, yet your reporter failed to attribute her work.

And, did you know that Jayson Blair had also plagarized her work? But, once again, that didn't come out, too.

So, again, I thank you, for finally doing the right thing, and attributing the hard work of one of the top investigative reporters in the state of Texas -- Emma Perez-Trevino.; October 25, 2007 9:23 AM

Solomonista - A Bogart Defined

2008-02-15T01:28:00.000-08:00

Main Entry:	monopolize
Part of Speech:	verb
Definition:	dominate
Synonyms:	absorb, acquire, bogart, consume, control, copyright, corner, devour, employ, engross, exclude, exercise control, have, hog, hold, lock up, manage, own, own exclusively, patent, possess, restrain, sew up, sit on, syndicate, take over, take up, use, utilize
Antonyms:	share

It is all about then & now lying too the get out 4 free was failed

2007-12-18T03:22:00.000-08:00

etty dab bad when you claim to be a "Patriot yet utilize the "act" to spy on fellow "americans" because they aopposite " your censor initiation application"

Now that is paranoia.

Why worry about what is? Closing at loss is good ......sell,sell, sell. perhaps you will get out before the market "crash" and "burns". Every little 1/16 of a penny is the difference between what is a wrung or right minute penny of millions of outstanding assets.

Like warren Buffet days.......

Well I ain't going to tell you his or mine secrets that is cuz......Pay for delay since more is worth poor work but then it a write off so you c,pay

"I've done everything for you"....."you've done nothing for me"

The Mega(meta) Message ..........................As if........"isn't that special".......How ArD..Dean up on the stage

2007-10-16T04:36:00.000-07:00

Cornyn must be stupid, I am sorry, Lo siento, he is just clueless.

Why should taxpayers pay his AND for his entourage AND his family "taxpayer funded health care"?

They're SPESHHHal.....like "the church lady" says it on SNL.

What a freeloading carpetbagger! He and his Patriot group familia should move to Iraq along with their "OPM" funded JOB.

Healthcare we pay for.........but he is special?

Yeah , so slow to show his patriotism when it is not BENEFICIAL to his so called "Patriot group".

Since he does not care anymore.... and, it is obvious,"I don't feel so bad".......What a dud, maybe if the GOP was serious about backing him he would have more money than Mikal Watts.

But according to Stopcornyn.com's interview "Rick Perry Noriega" said he looks forward to "helping Cornyn enjoy"........that Noriega has informed and acted like he was one of those desperados, claiming dire straits, and in financial need..... they are no doubt stupid,since it was BS in his own words Noreiga states: "As it turns out, I have the necessary resources as well."

What was that warning Eisenhower warned us about?

the court shall inquire as to the existence of any plea bargaining agreements between the state and the defendant and, in the event that such an agree

2007-10-12T00:59:00.000-07:00

Send this document to a colleague Close This Window

NUMBER 13-00-444-CR

COURT OF APPEALS

THIRTEENTH DISTRICT OF TEXAS

CORPUS CHRISTI

JOSE DE LA FUENTE, Appellant,

v.

THE STATE OF TEXAS, Appellee.

On appeal from the 138th District Court

of Cameron County, Texas.

O P I N I O N

Before Justices Dorsey, Hinojosa, and Rodriguez

Opinion by Justice Dorsey

This is an appeal from a plea of guilty for delivery of a controlled substance for which appellant, Jose De La Fuente, was sentenced to ten years in prison. Appellant's plea of guilty was not made subject to a plea bargain agreement. After the trial court found him guilty, the case was set for sentencing at a later time so a pre-sentence investigation could be made and a report prepared. Defense counsel indicated that a side agreement had been reached with the prosecutor's office, and the judge announced that it would be discussed at sentencing.

At the sentencing hearing an investigator for the district attorney's office testified that an agreement had been reached between his office and the appellant that if the appellant cooperated and aided them in seizing narcotics and making cases against perpetrators, they would recommend probation. The investigator testified that appellant had not cooperated with their office to any meaningful extent, and had breached his duties under the contract. Appellant testified somewhat to the contrary. The trial judge found that appellant had breached his contract with the district attorney's office, and that even if he had not, the district attorney could only recommend probation as a punishment, and such would not be binding on the court. The trial judge then sentenced appellant to ten years in prison.

Appellant brings three points of error, arguing in essence that a plea bargain had been reached, he performed his part of the bargain, and he was entitled to either performance by the State or a withdrawal of his plea of guilty, citing a number of cases that hold that a trial court must either enforce the bargain or allow the defendant to withdraw his plea of guilty. See McWherter v. State, 571 S.W.2d 312, 313 (Tex. Crim. App. 1978); Papillion v. State, 908 S.W.2d 621, 624 (Tex. App.-Beaumont 1995, no pet); Escobedo v. State, 643 S.W.2d 243, 246 (Tex. App.-Austin, 1982, no pet).

The applicable statute is Article 26.13 of the Texas Code of Criminal Procedure in that it sets forth the method to handle plea bargain agreements. That article deals with pleas of guilty and expressly states what the court should admonish the defendant prior to accepting a plea of guilty. Section (a)(2) of that article provides:

Provided that the court shall inquire as to the existence of any plea bargaining agreements between the state and the defendant and, in the event that such an agreement exists, the court shall inform the defendant whether it will follow or reject such agreement in open court and before any finding on the plea. Should the court reject any such agreement, the defendant shall be permitted to withdraw his plea of guilty or nolo contendere.

Tex. Code Crim. Proc. Ann. art 26.13 (a)(2) (Vernon Supp. 2002).

That procedure was followed explicitly in this case. The court inquired whether there were any plea bargains, to which the defendant answered "none." The written admonitions concerning the plea indicated there was no plea bargain and that no sentence would be recommended in exchange for the plea of guilty. The reason the court is required to inquire whether there is a plea bargain is to put everything on the record and above board before the court accepts the plea along with the conditions and recommendations agreed to. The procedure has been established to protect the defendant in his bargain with the State to plea guilty. There is no evidence here indicating that the appellant's plea of guilty was predicated on any recommendation of punishment by the district attorney. This was not a plea of guilty covered by article 26.13(a)(2) allowing the defendant to withdraw his plea if he is dissatisfied with the sentence imposed.

The conviction is affirmed.

______________________________

J. BONNER DORSEY,

Justice

Do not publish.

Tex. R. App. P. 47.3(b).

Opinion delivered and filed

this 25th day of July, 2002.

Michigan Judge Thumbs His Nose at U.S. Supreme Court Ruling on Poor People's Right to an Attorney (1/11/2006)

2007-08-27T21:31:00.000-07:00

Home : Rights of the Poor : Indigent Defense

Michigan Judge Thumbs His Nose at U.S. Supreme Court Ruling on Poor People's Right to an Attorney (1/11/2006)

FOR IMMEDIATE RELEASE
CONTACT: media@aclu.org

ACLU of Michigan Seeks Order Compelling District Judge to Comply

DETROIT - In a move reserved for extraordinary cases, the American Civil Liberties Union of Michigan today filed a class action lawsuit in the Michigan Court of Appeals to force a state judge to comply with a recent U.S. Supreme Court ruling granting poor people the right to attorneys on appeal.

"Thumbing your nose at the U.S. Supreme Court is almost unheard of in the judicial system," said Kary Moss, ACLU of Michigan Executive Director. "And, in this case, the judge seems to believe he is above the law, or at least above the Supreme Court."

Last June in a landmark decision, Halbert v. Michigan, the U.S. Supreme Court struck down a 1999 Michigan law that barred judges from appointing attorneys to help poor people who have pled guilty to appeal their sentences. The Court specifically ruled that forcing poor people to navigate the appeals process without a lawyer violated the Due Process and Equal Protection Clauses of the Constitution.

Despite the Halbert ruling, Kent County Circuit Court Judge Dennis C. Kolenda has denied appellate counsel to several poor people and stated that he has no obligation or intention of following the Supreme Court's ruling in the future and characterized the ruling as "incorrect" and "illogical."

In the lawsuit filed in the Court of Appeals today - called a "Complaint for Superintending Control" - the ACLU asserted that the Supreme Court took pains to address, and reject, the argument that a poor criminal defendant could waive the right to appointed counsel on appeal. The lawsuit also points out that both the Michigan Supreme Court and the Michigan Court of Appeals have repeatedly held over the last half-century that statements by the highest court, meant to be a guide to future proceedings, is binding precedent. In addition, the Michigan Supreme Court has issued a series of orders for implementing and following the U.S. Supreme Court's decision in Halbert, but Judge Kolenda has also chosen to defy the Michigan Supreme Court.

"The tragedy of this case is that while Judge Kolenda is defying the Supreme Court, dozens of individuals are being denied their constitutional right to counsel simply because they are poor," said ACLU Cooperating Attorney David Moran, who argued Halbert for the ACLU. "As a result, sentencing errors are left uncorrected and the Michigan taxpayers are picking up the bill for inmates wrongfully serving time."

It is unclear exactly how many people are affected by Judge Kolenda's refusal to appoint counsel. The ACLU believes that the only mechanism to protect both its clients and other individuals in the same situation is to ask the Court of Appeals to exercise superintending control over Judge Kolenda and order him to follow the Supreme Court.

In addition to Moran, ACLU cooperating attorneys Terence Flanagan, Mark Granzotto and James Czarnecki are litigating the case, along with Michigan ACLU Legal Director Michael J. Steinberg and Executive Director Kary Moss.

To read the Complaint for Superintending Control filed today in Brown v. Kolenda, go to: www.aclumich.org/pdf/briefs/kolendacomplaint.pdf

To read the Brief in Support of the Complaint, go to: www.aclumich.org/pdf/briefs/kolendabrief.pdf

Who Was that masked man?

2007-07-19T10:14:00.000-07:00

Who Was That Masked Man?

In honor of the following news story:
OTTAWA (Reuters) - "Kemosabe," the name given to the Lone Ranger by his friend Tonto in the 1950s TV western, is not a racist term, a Canadian court has found.

The ruling was delivered by the Nova Scotia Court of Appeal last week in a case involving a native Canadian woman who complained that the manager of the store where she worked had created a poisoned environment by calling her kemosabe.

The manager of the second-hand sports store, in Sydney, Nova Scotia, argued kemosabe was a term he used to address customers as well as employees.

The court ruling confirmed a earlier decision by a Nova Scotia Human Rights Commission board of inquiry. That decision was made after the board spent a full shift watching "Lone Ranger" reruns.

The board found that at the start of their relationship, Tonto, a native American, had recognized the injured Lone Ranger as the man who had saved his life years before, and started calling him kemosabe.

"When asked what it meant, Tonto responded 'trusty friend,'" the board found. "Both the Lone Ranger and Tonto treat one another with respect...At no time during the episodes is the term kemosabe ever used in a demeaning or derogatory manner."

The board found, however, that while Tonto was always treated with respect, the long-running U.S. TV series treated other native American characters in a demeaning manner.

The Jokester proudly presents: “Who Was That Masked Man?”

The Lone Ranger was ambushed and captured by an enemy Indian war party.

The Indian Chief proclaims, "So, you are the great Lone Ranger. In honor of the Harvest Festival, you will be executed in three days.

But, before I kill you, I will grant you three requests. What is your first request?"

The Lone Ranger responds, "I'd like to speak to my horse."

Chief nods and Silver is brought before the Lone Ranger, who whispers in Silver's ear, and the horse gallops away.

Later that evening, Silver returns with a beautiful blonde woman on his back.

As the Indian Chief watches, the blonde enters the Lone Ranger's tent and spends the night.

The next morning the Indian Chief admits he's impressed. "You have a very fine and loyal horse, but I will still kill you in two days.

What is your second request?"

The Lone Ranger again asks to speak to his horse.

Silver is brought to him, and he again whispers in the horse's ear.

As before, Silver takes off across the plains and disappears over the horizon.

Later that evening, to the Chief's surprise, Silver again returns, this time with a voluptuous brunette, even more attractive than the blonde.

She enters the Lone Ranger's tent and spends the night.

The following morning the Indian Chief is again impressed.

"You are indeed a man of many talents, but I will still kill you tomorrow. What is your last request."

The Lone Ranger responds, "I'd like to speak to my horse, alone."

The Chief is curious, but he agrees, and Silver is brought to the Lone Ranger's tent. Once they're alone, the Lone Ranger grabs Silver by both ears, looks him square in the eye and says, "Listen carefully, for the last time. I said "BRING POSSE!"

A man boards an airplane and takes his seat. As he settles in, he glances up and sees a most beautiful woman boarding the plane. He soon realizes she is heading straight towards his seat.

A wave of nervous anticipation washes over him. Lo and behold, she takes the seat right beside his. Eager to strike up a conversation, he blurts out, "Business trip or vacation?". She turns, smiles and says, "Business. I'm going to the annual

Nymphomaniac Convention in Chicago."

Whoa !!! He swallows hard and is instantly crazed with excitement. Here's the most gorgeous woman he has ever seen, sitting RIGHT next to him and she's going to a meeting of nymphomaniacs!

Struggling to maintain his outward cool, he calmly asks, "What's your business role at this convention?"

"Lecturer.", she says " I use my experiences to debunk some of the popular myths about sexuality." "Really," he says, swallowing hard, "what myths are those?" "Well," she explains, "one popular myth is that African-American men are the most well-endowed when, in fact, it is the Native American Indian who is most likely to possess that trait. Another popular myth is that French men are the best lovers, when actually it is men of Jewish descent."

Suddenly, the woman becomes very embarrassed and blushes. "I'm sorry," she says, "I shouldn't be discussing this with you, I don't even know your name!".

"Tonto," the man says as he extends his hand. "Tonto Goldstein."

The Lone Ranger and Tonto are camping in the desert, set up their tent, and are asleep.

Some hours later, The Lone Ranger wakes his faithful friend. "Tonto, look up at the sky and tell me what you see."

Tonto replies, "Me see millions of stars."

"What does that tell you?" asks The Lone Ranger.

Tonto ponders for a minute. "Astronomically speaking, it tells me that there are millions of galaxies and potentially billions of planets.

Astrologically, it tells me that Saturn is in Leo.

Time wise, it appears to be approximately a quarter past three.

Theologically, it's evident the Lord is all powerful and we are small and insignificant.

Meteorologically, it seems we will have a beautiful day tomorrow.

What it tell you, Kemosabe?"

The Lone Ranger is silent for a moment, then speaks. "Tonto, you Dumb Ass, someone has stolen our tent."

FOOD 4 THOUGHT........Spin THAT WHEEL................

2007-06-17T04:54:00.000-07:00

Somebody from California apparently wrote the top part, but somebody from Texas came back and put them on their asses at the bottom. And whoever that was, GOD BLESS YOU!

CALIFORNIA:

- I can wear sandals all year long

- I go to the Beach - not "down to the shore"

-Our chicks are WAYYYY hotter than yours. Well...Miami can hang.

- I say "like" and "for sure" and "right on" and "dude" and "totally" and "peace out" and "chill" and "tight" and "bro" and I say them often

- I know what real cheese & avocados taste like

-Everyone smokes weed and its no big deal

-We'll roll up 40 deep when something goes down.

-I live next door to Mexicans, but we call them American's!

-All the porn you watch is made here, cause we're better and thats how it is

- I don't get snowdays off because theres only snow in Mammoth, Tahoe, Shasta, and Big Bear

- I know 65 mph really means 100

- When someone cuts me off, they get the horn and the finger and high speed chase cuz we dont fuck around on the road

- The drinking age is 21 but everyone starts at 14 (legally 18 if you live close enough to the border)

- My governor can kick your governors ass

- I can go out at midnight

-You judge people based on what area code they live in, and when asked where you're from, you give your area code

- I might get looked at funny by locals when I'm on vacation in their state, but when they find out I'm from California I turn into a Greek GOD

- We don't stop at stop signs... we do a "california roll"
No cop no stop baby!

- I can get fresh and REAL Mexican food 24 hours a day

- All the TV shows you "other" states watch get filmed here

- We're the Golden State. Not the Cheese State. Not the Garden State.....GOLDEN!!!

- We have In-N-Out (Arizona and Vegas are lucky we share that with them)

- I have the most representation in the House of Representatives, which means MY opinion means more than yours, which means I'm better than you [geez.... hahaha]

- The best athletes come from here

___________________________________________________

TEXAS:

Ahem... So.. Um.. yeah... I read this, and thought I would reply...

Hey... California listen up... Texas is where its at!

- I too can wear sandals all year long... plus I can put on boots to stomp your toes and I won't even stick out.

- You may be able to go to the "beach" instead of the "shore"... but can you go to the drive thru "Beer Barn?" What now surfer boy?

- You're chicks aren't way hotter than ours... they are almost equal... and thats only due to silicone, saline, botox, lasers and hair dye... We have the real ones and they can beat yours up.

- We're taught to say "Yes Sir" and "Yes Ma'am" and respect our elders because of it. We also say "Howdy" and "fixin" and "Yall" are pretty much recognized right away anywhere in the world :) We're famous. And not becauseof that fake ass "bro-ho" "so-cal" shit that yall think makes you "Famous", fuckers.

- You may know what real cheese and avocados taste like... but I know what 100% Grade A Angus Beef tastes like. Who wants avocados and cheese when you can have steak and potatoes?

- Haha... who do you think grows the weed and sells it to you?

- Why roll 40 deep when something goes down if 5 corn fed country boys can get the job done...

- I live next door to americans, but we call them mexicans

- About your Porn.... 3 words... "Debbie Does Dallas"... You can brag about it now, but we started it

- Why would you brag about not getting snow days off?

- We're smart enought to know 65mph means 65, but our speed limit is 70.

- - When someone cuts me off, they get run over by my big ass truck, then I give them the finger and tell them to go back to california.

- The drinking age is 21, but if you aren't chasin the beer by 1 yr old... you're behind.

- Yeah, Well my governor became the President of the United States... yours isn't even eligible.

- You can go out at midnight? Thats nice, I haven't even come home by then.

- Ok... you said,"You judge people based on what area code they live in, and when asked where you're from, you give your area code" and as hard as I try I have no idea what you're talking about... I think you're watching too much tv.

- Yeah, you'll definitely get looked at funny when you come to visit but we have another name for you pretty boys, and its not greek, its french.

- Of course you don't stop at stop signs... none of you can drive.

- You can pick up Real mexican food 24 hours a day huh... well I can swing by home depot and pick up 24 Real mexicans anytime of day. Can you say catering?

- All the tv shows get filmed there... but where does your favorite poker game come from? Texas Hold'em anyone?

- You can keep your golden state... We're the Lone Star State...the one and only!!

- Do I have to remind you about the drive thru Beer Barn again? Does In-N-Out serve alcohol? (Oh and did I mention Dr. Pepper was created in Texas?)

- You guys have the best athletes huh?... Eight words... Lance Armstrong and The University of Texas at Austin

-Every thing's bigger in TEXAS

Though I could mention MICHAEL JOHNSON - Olympic Sprinter, World record holder in 200m and 400m, 5 Olympic Gold medals, 9 time World Champion (born Dallas, Tx)

Oh and remind me again who won the Rose Bowl between USC and Texas????? I believe it was the LONGHORNS!!!!!!!!!!!!!!!!!!

- Football is a religion, not a sport

- In Texas, football means football, not soccer.

- 90% of football "movies" you guys are making are about Texas Football.

-Varsity Blues, filmed in Georgetown, Tx - Friday Night Lights, filmed in Odessa, Tx - Necessary Roughness, filmed in San Marcos, Texas; We Are Marshall- Marshall, Tx,

- Texas is the only state that can still separate to become its own country. The only way California's gonna accomplish that is if another earthquake comes along and you guys sink into the ocean. Can you say Atlantis.... hahaha

Come on Texans Show Your Colors! Repost!

And as the Great Sam Houston once said "Texas could survive without the United States, but the United States could not survive without Texas"

IF YOU'RE TEXAN N PROUD RE POST as "SCREW YOU WE'RE FROM TEXAS!!!!

a PLAY in play on stage for all world to see......

2007-06-14T00:09:00.001-07:00

WRITINGS....

The logic used by the modern educational system has, as its premise, the assimilation of the student towards predetermined facts taught in a predetermined manner. This logic does not encourage, instill, nor nurture individual creative development. The environment of the public education system stifles creativity. We are not educating individuals � we are herding young minds into slaughterhouses of dry ideas. This piece, the Enter Attainment System, is a visual representation of what I feel my educational experience has been. The title is a play-on-words of the household entertainment system. I believe that the environment of public school and the after-school activity of watching T.V. are deadening the capacity of our imaginations. This �educational observation unit� monitors the �student� behind a protective cage and guides them through three simultaneously broadcasted subjects. It has an image in front of one screen that shows a male figure pouring a gallon of milk over his face. The image is a double exposure and behind the figure is a portrait image of the male drenched in milk. This signifies that this is a flood of information. The lens behind the cage is the nipple of one brass breast. The breast symbolizes maternal nurturing, yet by placing a lens where the nipple existed gives this body part a more ominous feel, as if the entertainment industry is raising America�s youth. Where the public school system falls short in providing a genuine education for our children, I feel the problem is propagated by people who feel that mass media will pick up the slack. I call this the Enter Attainment System because it is a mockery of those Americans who choose to sit in front of a television and be subjugated to an overindulgence of stimuli, in order to gloss over the fact that they are ignoring their own personal search for enlightenment, because watching an episode of The Bachelor is a quick fix for filling the void.

CLASS WAR LIMO

On the outside, this piece has a romantic and relaxing visual appearance. The aesthetic value that I incorporate fluctuates between complexity and simplicity. The complex mechanical drive of the object is a marriage between bicycle pedals, gears and wheels from a motorcycle�s front and rear end. The front shocks serve as chain tensioners for the direct drive peddle operation, and the gears are used to create a torque advantage to move the piece. The structure of this sculpture is a series of minimalized lines that serve the integral function of a supporting framework. This frame allows a ten-foot tall unicycle to PUSH a rider in a Lazy Boy. The antiquated wheels that are on either side of the Lazy Boy are representational of the historic tradition of �free rides� that are sought and gained by wealth and power. The fact that the chair swivels from side to side but not enough to see the driver is intended to be a subtlety that shows the lack of recognition between those that ride and those that PUSH. The rider sits on an old tractor seat that is elevated above the plush luxury of the red velvet Lazy Boy. This expresses an admiration and acknowledgement that I have for the plight of the blue-collar worker. In this specific artwork, what is outwardly an enjoyable visual experience is, becomes a clarified perspective on the relationship between two different classes, blue-collar and white-collar. The marimba is placed for the use of the driver because music has traditionally been a form of public expression from the lower class. I think of blues artists and jazz musicians from the1920s to the 1950s and I feel that the marimba, for a solo instrument, expresses a wildly organic tone that fully completes what I consider to be the main argument of this piece. Is it better to PUSH and play the songs of your soul or is it better to sit back and enjoy the ride?

THE SPITBALL PAINTING MACHINE

Through this mechanism, I am establishing a connection between myself, the artist, and the participating audience. I often think of life as a walk down the length of a diving board. As I continue through life, ideas fall out of my head and land in front of me, joining an already-present mountain of conceptions that occupy the space between me and the unavoidable end of the board. These dreams are being constantly PUSHED ever closer to the eventual edge, a metaphorical death. The diving board, because of its definite limit, commands me to choose which ideas stay as concepts and which become actualized. The actualized ideas become art-of-facts that exclaim the victories of my intention. It is because I have to choose, because I cannot create all my ideas into art, that I experience great anxiety. A truly original idea is almost impossible to generate, but an even larger impossibility is the transformation of these ideas into reality. I wish to awaken a sense of panic in people as they acknowledge an inevitable end; it is this panic of ephemeral-ness that urges people to turn ideas into realities. There comes a point on every person�s diving board that when crossed, their mountain of dreams starts falling into the metaphorical filing cabinet that death forever seals. People must continue to personally fulfill their dreams. It is of the highest importance for me to bring inspiring art to people. This is an opportunity for you, the audience, to participate in creating your own art-of-fact. Behind the frame is a straw dispenser. One per customer, please. Underneath is a trashcan that has PUSH written on it. Here is where the person puts ten dollars (and if you think that $10 is too much to pay to an artist after everything I�ve been through (four studio changes, living in a junkyard with a redneck retard named Jerry for Christ�s sake, and not to mention the fact I still live in a school bus with no heat, the incessant formidable flooding, the cost of equipment and materials, and how I lived off nothing but cheese and bread for four years) then you can go to hell for all I care) and receives a signed piece of blank paper from me, Sean Pace. One of the housewives will place the paper on the diving board behind the waterfall of ink. The hand that comes from under filing cabinet holds a receiver for the straw. From this point the participant will remove the paper from the straw and make a spitball to place inside the straw. Then the participant will load and place the straw in the receiver and then pull the fountain release lever while blowing the spitball through the sheet of black ink to make a co-created piece of artwork. The childish act of using a spitball reconnects people back to the roots of their youth. Because of this, people become more receptive to new information and possibly find new creative perspectives that allow for inspiration to flow.

UNDER FURTHER SCRUTINY THE WORLD IS STILL QUITE FLAT

Not so long ago, in the Western world, the Pope was considered to be infallible. He was the closest human connection to God a person could get. Through the words of the Pope came the understanding and the reason for life. Entire countries and societies were based around what he and the Catholic Church sanctioned. Then a few �mad scientists� came along and changed everything. Copernicus, Galileo, Kepler, Tycho Brahe and Sir Issac Newton put into words the natural laws of physics, confirmed by mathematics. In other words, the work of these men challenged the validity of the Catholic Church and its paradigms. These scientists, at one time or another, were all deemed unorthodox and sacrilegious, and no one took them seriously at first. Now our entire worldview is based on their principles. These scientists, in their own right, were artists as well. Art, in its most intrinsic form, is communication. It is a dialogue between the artist and the rest of the world. It is an attempt at expressing emotion, at documenting history, at experimenting and researching problems and solutions for the future, and sharing with people a very fluid and dynamic exchange of ideas. Most iconoclastic notions, at their inception, are perceived as ridiculous. The world was not round, nor did it revolve around the sun. Evolution was preposterous and so is the idea of life on other planets. Perhaps this is the essential role of any true artist � to PUSH the envelope, to PUSH the limits of preordained rhetoric, to PUSH people to think differently. The world was flat until a group of heretics proved that our planet is indeed spherical. By constricting our views of what �good art� is, we are denying the accomplishments of other paradigm-shifters that preceded us. In other words, the art I make is not classical art. It does not fall into the category of �home decorum.� It may not match the couch in your living room, but I urge you to tear down your Rembrandt, put on your wall an object that speaks of higher ideas and is a representation of strong vision.

DECONSTRUCTION OF A PIANO LESSON

This piece is an upright piano that has been cut in half and attached to a rolling stand that allows it to pivot and bounce when the people interact by jumping up and down on a five- foot-tall pogo stick attached to a piston that distributes the force of jumping to the piano. This piece takes apart the ideas of Sigmund Freud relating the Id, Ego and Superego to the respective qualities of Young Student, Teacher, and Sheet Music. The interactive participant is able to understand that by attaching a pogo stick to this piano is the only way to play it. I have subtracted the ego (teacher) and the Super Ego (Sheet Music) and made a direct connection that allows the power and drive of the Id to be free as it makes music. Even the greatest of Pianists must resort to the raw energy of the Id to play with this device. Young and old alike take the position of youth as they jump up and down on this fascinating machine. In some ways, I refer to it as a fountain of youth, because to play it, one must regress to the childhood action of playing on a pogo stick. It is in this regression that the audience is invited to revisit the joy of playing without judgment.

THis is from a PLAY in play on stage for all world to see......

2007-06-14T00:09:00.000-07:00

SEAN PACE
HOME ........ART.......RESUME........PRESS........LINKS .......CONTACT

WRITINGS....

::ENTER ATTAINMENT SYSTEM::

The logic used by the modern educational system has, as its premise, the assimilation of the student towards predetermined facts taught in a predetermined manner. This logic does not encourage, instill, nor nurture individual creative development. The environment of the public education system stifles creativity. We are not educating individuals � we are herding young minds into slaughterhouses of dry ideas. This piece, the Enter Attainment System, is a visual representation of what I feel my educational experience has been. The title is a play-on-words of the household entertainment system. I believe that the environment of public school and the after-school activity of watching T.V. are deadening the capacity of our imaginations. This �educational observation unit� monitors the �student� behind a protective cage and guides them through three simultaneously broadcasted subjects. It has an image in front of one screen that shows a male figure pouring a gallon of milk over his face. The image is a double exposure and behind the figure is a portrait image of the male drenched in milk. This signifies that this is a flood of information. The lens behind the cage is the nipple of one brass breast. The breast symbolizes maternal nurturing, yet by placing a lens where the nipple existed gives this body part a more ominous feel, as if the entertainment industry is raising America�s youth. Where the public school system falls short in providing a genuine education for our children, I feel the problem is propagated by people who feel that mass media will pick up the slack. I call this the Enter Attainment System because it is a mockery of those Americans who choose to sit in front of a television and be subjugated to an overindulgence of stimuli, in order to gloss over the fact that they are ignoring their own personal search for enlightenment, because watching an episode of The Bachelor is a quick fix for filling the void.

CLASS WAR LIMO

On the outside, this piece has a romantic and relaxing visual appearance. The aesthetic value that I incorporate fluctuates between complexity and simplicity. The complex mechanical drive of the object is a marriage between bicycle pedals, gears and wheels from a motorcycle�s front and rear end. The front shocks serve as chain tensioners for the direct drive peddle operation, and the gears are used to create a torque advantage to move the piece. The structure of this sculpture is a series of minimalized lines that serve the integral function of a supporting framework. This frame allows a ten-foot tall unicycle to PUSH a rider in a Lazy Boy. The antiquated wheels that are on either side of the Lazy Boy are representational of the historic tradition of �free rides� that are sought and gained by wealth and power. The fact that the chair swivels from side to side but not enough to see the driver is intended to be a subtlety that shows the lack of recognition between those that ride and those that PUSH. The rider sits on an old tractor seat that is elevated above the plush luxury of the red velvet Lazy Boy. This expresses an admiration and acknowledgement that I have for the plight of the blue-collar worker. In this specific artwork, what is outwardly an enjoyable visual experience is, becomes a clarified perspective on the relationship between two different classes, blue-collar and white-collar. The marimba is placed for the use of the driver because music has traditionally been a form of public expression from the lower class. I think of blues artists and jazz musicians from the1920s to the 1950s and I feel that the marimba, for a solo instrument, expresses a wildly organic tone that fully completes what I consider to be the main argument of this piece. Is it better to PUSH and play the songs of your soul or is it better to sit back and enjoy the ride?

THE SPITBALL PAINTING MACHINE

Through this mechanism, I am establishing a connection between myself, the artist, and the participating audience. I often think of life as a walk down the length of a diving board. As I continue through life, ideas fall out of my head and land in front of me, joining an already-present mountain of conceptions that occupy the space between me and the unavoidable end of the board. These dreams are being constantly PUSHED ever closer to the eventual edge, a metaphorical death. The diving board, because of its definite limit, commands me to choose which ideas stay as concepts and which become actualized. The actualized ideas become art-of-facts that exclaim the victories of my intention. It is because I have to choose, because I cannot create all my ideas into art, that I experience great anxiety. A truly original idea is almost impossible to generate, but an even larger impossibility is the transformation of these ideas into reality. I wish to awaken a sense of panic in people as they acknowledge an inevitable end; it is this panic of ephemeral-ness that urges people to turn ideas into realities. There comes a point on every person�s diving board that when crossed, their mountain of dreams starts falling into the metaphorical filing cabinet that death forever seals. People must continue to personally fulfill their dreams. It is of the highest importance for me to bring inspiring art to people. This is an opportunity for you, the audience, to participate in creating your own art-of-fact. Behind the frame is a straw dispenser. One per customer, please. Underneath is a trashcan that has PUSH written on it. Here is where the person puts ten dollars (and if you think that $10 is too much to pay to an artist after everything I�ve been through (four studio changes, living in a junkyard with a redneck retard named Jerry for Christ�s sake, and not to mention the fact I still live in a school bus with no heat, the incessant formidable flooding, the cost of equipment and materials, and how I lived off nothing but cheese and bread for four years) then you can go to hell for all I care) and receives a signed piece of blank paper from me, Sean Pace. One of the housewives will place the paper on the diving board behind the waterfall of ink. The hand that comes from under filing cabinet holds a receiver for the straw. From this point the participant will remove the paper from the straw and make a spitball to place inside the straw. Then the participant will load and place the straw in the receiver and then pull the fountain release lever while blowing the spitball through the sheet of black ink to make a co-created piece of artwork. The childish act of using a spitball reconnects people back to the roots of their youth. Because of this, people become more receptive to new information and possibly find new creative perspectives that allow for inspiration to flow.

UNDER FURTHER SCRUTINY THE WORLD IS STILL QUITE FLAT

Not so long ago, in the Western world, the Pope was considered to be infallible. He was the closest human connection to God a person could get. Through the words of the Pope came the understanding and the reason for life. Entire countries and societies were based around what he and the Catholic Church sanctioned. Then a few �mad scientists� came along and changed everything. Copernicus, Galileo, Kepler, Tycho Brahe and Sir Issac Newton put into words the natural laws of physics, confirmed by mathematics. In other words, the work of these men challenged the validity of the Catholic Church and its paradigms. These scientists, at one time or another, were all deemed unorthodox and sacrilegious, and no one took them seriously at first. Now our entire worldview is based on their principles. These scientists, in their own right, were artists as well. Art, in its most intrinsic form, is communication. It is a dialogue between the artist and the rest of the world. It is an attempt at expressing emotion, at documenting history, at experimenting and researching problems and solutions for the future, and sharing with people a very fluid and dynamic exchange of ideas. Most iconoclastic notions, at their inception, are perceived as ridiculous. The world was not round, nor did it revolve around the sun. Evolution was preposterous and so is the idea of life on other planets. Perhaps this is the essential role of any true artist � to PUSH the envelope, to PUSH the limits of preordained rhetoric, to PUSH people to think differently. The world was flat until a group of heretics proved that our planet is indeed spherical. By constricting our views of what �good art� is, we are denying the accomplishments of other paradigm-shifters that preceded us. In other words, the art I make is not classical art. It does not fall into the category of �home decorum.� It may not match the couch in your living room, but I urge you to tear down your Rembrandt, put on your wall an object that speaks of higher ideas and is a representation of strong vision.

DECONSTRUCTION OF A PIANO LESSON

This piece is an upright piano that has been cut in half and attached to a rolling stand that allows it to pivot and bounce when the people interact by jumping up and down on a five- foot-tall pogo stick attached to a piston that distributes the force of jumping to the piano. This piece takes apart the ideas of Sigmund Freud relating the Id, Ego and Superego to the respective qualities of Young Student, Teacher, and Sheet Music. The interactive participant is able to understand that by attaching a pogo stick to this piano is the only way to play it. I have subtracted the ego (teacher) and the Super Ego (Sheet Music) and made a direct connection that allows the power and drive of the Id to be free as it makes music. Even the greatest of Pianists must resort to the raw energy of the Id to play with this device. Young and old alike take the position of youth as they jump up and down on this fascinating machine. In some ways, I refer to it as a fountain of youth, because to play it, one must regress to the childhood action of playing on a pogo stick. It is in this regression that the audience is invited to revisit the joy of playing without judgment.

personal jurisdiction is made by your advocate.....I have a dream........MLK...Thank GOD almighty we r free at last..............

2007-06-13T03:48:00.000-07:00

ed: January 3, 2003
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
No. 01-2340
(CA-00-86)
Stanley K. Young,
Plaintiff - Appellee,
versus
New Haven Advocate, et al.,
Defendants - Appellants.
O R D E R
The court amends its opinion filed December 13, 2002, as
follows:
On page 8, first paragraph, line 3 -- the word “Advocate’s” is
corrected to read “Courant’s.”
For the Court - By Direction
/s/ Patricia S. Connor
Clerk
Page 2
PUBLISHED
UNITED STATES COURT OF APPEALS
FOR THE FOURTH CIRCUIT
4444444444444444444444444444444444444444444444447
STANLEY K. YOUNG,
Plaintiff-Appellee,
v.
NEW HAVEN ADVOCATE; GAIL
THOMPSON; CAMILLE JACKSON;
HARTFORD COURANT; BRIAN TOOLAN;
AMY PAGNOZZI,
Defendants-Appellants,
and
MICHAEL LAWLOR; CAROLYN NAH;
NATIONAL ASSOCIATION FOR THE
ADVANCEMENT OF COLORED PEOPLE;
CONNECTICUT POST; RICK SAWYERS;
KEN DIXON,
No. 01-2340
Defendants.
ADVANCE PUBLICATIONS,
INCORPORATED; AMERICAN SOCIETY OF
NEWSPAPER EDITORS; ASSOCIATED
PRESS; ASSOCIATION OF ALTERNATIVE
NEWSWEEKLIES; BELO CORPORATION;
BLOOMBERG, L.P.; CENTER FOR
DEMOCRACY & TECHNOLOGY; DAILY
NEWS, L.P.; DOW JONES AND
COMPANY, INCORPORATED; EL DIA,
INCORPORATED; THE E. W. SCRIPPS
COMPANY; THE HEARST CORPORATION;
INVESTIGATIVE REPORTERS AND
EDITORS, INCORPORATED; MAGAZINE
PUBLISHERS OF AMERICA;
4444444444444444444444444444444444444444444444448
Page 3
4444444444444444444444444444444444444444444444447
THE MCCLATCHY COMPANY;
NATIONAL ASSOCIATION OF
BROADCASTERS; NEWSLETTER &
ELECTRONIC PUBLISHERS ASSOCIATION;
NEWSPAPER ASSOCIATION OF AMERICA;
THE NEW YORK TIMES; ONLINE NEWS
ASSOCIATION; THE RADIO-TELEVISION
NEWS DIRECTORS ASSOCIATION; THE
REPORTERS COMMITTEE FOR
FREEDOM OF THE PRESS; SOCIETY OF
PROFESSIONAL JOURNALISTS; VILLAGE
VOICE MEDIA, INCORPORATED; THE
WASHINGTON POST COMPANY; ZIFF
DAVIS MEDIA, INCORPORATED,
Amici Supporting Appellants.
4444444444444444444444444444444444444444444444448
Appeal from the United States District Court
for the Western District of Virginia, at Big Stone Gap.
Glen M. Williams, Senior District Judge.
(CA-00-86)
Argued: June 3, 2002
Decided: December 13, 2002
Before MICHAEL and GREGORY, Circuit Judges, and
Bobby R. BALDOCK, Senior Circuit Judge of the
United States Court of Appeals for the Tenth Circuit,
sitting by designation.
____________________________________________________________
Reversed by published opinion. Judge Michael wrote the opinion, in
which Judge Gregory and Senior Judge Baldock joined.
____________________________________________________________
2
Page 4
COUNSEL
ARGUED: Robert Douglass Lystad, BAKER & HOSTETLER,
L.L.P., Washington, D.C., for Appellants. Robert Stuart Collins,
FLEMING & COLLINS, P.C., Norton, Virginia, for Appellee. ON
BRIEF: Bruce W. Sanford, Bruce D. Brown, BAKER &
HOSTETLER, L.L.P., Washington, D.C.; Wade W. Massie, PENN,
STUART & ESKRIDGE, Abington, Virginia; Stephanie S. Abrutyn,
TRIBUNE COMPANY, New York, New York, for Appellants. Rob-
ert M. O'Neil, THOMAS JEFFERSON CENTER FOR THE PRO-
TECTION OF FREE EXPRESSION, Charlottesville, Virginia;
George Rutherglen, UNIVERSITY OF VIRGINIA LAW SCHOOL,
Charlottesville, Virginia, for Amici Curiae.
____________________________________________________________
OPINION
MICHAEL, Circuit Judge:
The question in this appeal is whether two Connecticut newspapers
and certain of their staff (sometimes, the "newspaper defendants")
subjected themselves to personal jurisdiction in Virginia by posting
on the Internet news articles that, in the context of discussing the
State of Connecticut's policy of housing its prisoners in Virginia insti-
tutions, allegedly defamed the warden of a Virginia prison. Our recent
decision in ALS Scan, Inc. v. Digital Service Consultants, Inc., 293
F.3d 707 (4th Cir. 2002), supplies the standard for determining a
court's authority to exercise personal jurisdiction over an out-of-state
person who places information on the Internet. Applying that stan-
dard, we hold that a court in Virginia cannot constitutionally exercise
jurisdiction over the Connecticut-based newspaper defendants
because they did not manifest an intent to aim their websites or the
posted articles at a Virginia audience. Accordingly, we reverse the
district court's order denying the defendants' motion to dismiss for
lack of personal jurisdiction.
I.
Sometime in the late 1990s the State of Connecticut was faced with
substantial overcrowding in its maximum security prisons. To allevi-
3
Page 5
ate the problem, Connecticut contracted with the Commonwealth of
Virginia to house Connecticut prisoners in Virginia's correctional
facilities. Beginning in late 1999 Connecticut transferred about 500
prisoners, mostly African-American and Hispanic, to the Wallens
Ridge State Prison, a "supermax" facility in Big Stone Gap, Virginia.
The plaintiff, Stanley Young, is the warden at Wallens Ridge. Con-
necticut's arrangement to incarcerate a sizeable number of its offend-
ers in Virginia prisons provoked considerable public debate in
Connecticut. Several Connecticut legislators openly criticized the pol-
icy, and there were demonstrations against it at the state capitol in
Hartford.
Connecticut newspapers, including defendants the New Haven
Advocate (the Advocate) and the Hartford Courant (the Courant),
began reporting on the controversy. On March 30, 2000, the Advocate
published a news article, written by one of its reporters, defendant
Camille Jackson, about the transfer of Connecticut inmates to Wallens
Ridge. The article discussed the allegedly harsh conditions at the Vir-
ginia prison and pointed out that the long trip to southwestern Vir-
ginia made visits by prisoners' families difficult or impossible. In the
middle of her lengthy article, Jackson mentioned a class action that
inmates transferred from Connecticut had filed against Warden
Young and the Connecticut Commissioner of Corrections. The
inmates alleged a lack of proper hygiene and medical care and the
denial of religious privileges at Wallens Ridge. Finally, a paragraph
at the end of the article reported that a Connecticut state senator had
expressed concern about the presence of Confederate Civil War mem-
orabilia in Warden Young's office. At about the same time the Cou-
rant published three columns, written by defendant-reporter Amy
Pagnozzi, questioning the practice of relocating Connecticut inmates
to Virginia prisons. The columns reported on letters written home by
inmates who alleged cruelty by prison guards. In one column
Pagnozzi called Wallens Ridge a "cut-rate gulag." Warden Young
was not mentioned in any of the Pagnozzi columns.
On May 12, 2000, Warden Young sued the two newspapers, their
editors (Gail Thompson and Brian Toolan), and the two reporters for
libel in a diversity action filed in the Western District of Virginia. He
claimed that the newspapers' articles imply that he "is a racist who
advocates racism" and that he "encourages abuse of inmates by the
4
Page 6
guards" at Wallens Ridge. Young alleged that the newspapers circu-
lated the allegedly defamatory articles throughout the world by post-
ing them on their Internet websites.
The newspaper defendants filed motions to dismiss the complaint
under Federal Rule of Civil Procedure 12(b)(2) on the ground that the
district court lacked personal jurisdiction over them. In support of the
motions the editor and reporter from each newspaper provided decla-
rations establishing the following undisputed facts. The Advocate is
a free newspaper published once a week in New Haven, Connecticut.
It is distributed in New Haven and the surrounding area, and some of
its content is published on the Internet. The Advocate has a small
number of subscribers, and none of them are in Virginia. The Courant
is published daily in Hartford, Connecticut. The newspaper is distrib-
uted in and around Hartford, and some of its content is published on
the Internet. When the articles in question were published, the Cou-
rant had eight mail subscribers in Virginia. Neither newspaper solicits
subscriptions from Virginia residents. No one from either newspaper,
not even the reporters, traveled to Virginia to work on the articles
about Connecticut's prisoner transfer policy. The two reporters, Jack-
son of the Advocate and Pagnozzi of the Courant, made a few tele-
phone calls into Virginia to gather some information for the articles.
Both interviewed by telephone a spokesman for the Virginia Depart-
ment of Corrections. All other interviews were done with people
located in Connecticut. The two reporters wrote their articles in Con-
necticut. The individual defendants (the reporters and editors) do not
have any traditional contacts with the Commonwealth of Virginia.
They do not live in Virginia, solicit any business there, or have any
assets or business relationships there. The newspapers do not have
offices or employees in Virginia, and they do not regularly solicit or
do business in Virginia. Finally, the newspapers do not derive any
substantial revenue from goods used or services rendered in Virginia.
In responding to the declarations of the editors and reporters, War-
den Young pointed out that the newspapers posted the allegedly
defamatory articles on Internet websites that were accessible to Vir-
ginia residents. In addition, Young provided copies of assorted print-
outs from the newspapers' websites. For the Advocate, Young
submitted eleven pages from newhavenadvocate.com and new-
massmedia.com for January 26, 2001. The two pages from newha-
5
Page 7
venadvocate.com are the Advocate's homepage, which includes links
to articles about the "Best of New Haven" and New Haven's park
police. The nine pages from newmassmedia.com, a website main-
tained by the publishers of the Advocate, consist of classified adver-
tising from that week's newspapers and instructions on how to submit
a classified ad. The listings include advertisements for real estate rent-
als in New Haven and Guilford, Connecticut, for roommates wanted
and tattoo services offered in Hamden, Connecticut, and for a bassist
needed by a band in West Haven, Connecticut. For the Courant,
Young provided nine pages from hartfordcourant.com and ctnow.com
for January 26, 2001. The hartfordcourant.com homepage character-
izes the website as a "source of news and entertainment in and about
Connecticut." A page soliciting advertising in the Courant refers to
"exposure for your message in this market" in the "best medium in the
state to deliver your advertising message." The pages from
ctnow.com, a website produced by the Courant, provide news stories
from that day's edition of the Courant, weather reports for Hartford
and New Haven, Connecticut, and links to sites for the University of
Connecticut and Connecticut state government. The website promotes
its online advertising as a "source for jobs in Connecticut." The web-
site printouts provided for January 26, 2001, do not have any content
with a connection to readers in Virginia.
The district court denied the newspaper defendants' motions to dis-
miss, concluding that it could exercise personal jurisdiction over them
under Virginia's long-arm statute, Va. Code Ann. § 8.01-328(A)(3),
because "the defendants' Connecticut-based Internet activities consti-
tuted an act leading to an injury to the plaintiff in Virginia." The dis-
trict court also held that the defendants' Internet activities were
sufficient to satisfy the requirements of constitutional due process.
With our permission the newspaper defendants are taking this inter-
locutory appeal. The facts relating to jurisdiction are undisputed, and
the district court's decision that it has personal jurisdiction over these
defendants presents a legal question that we review de novo. See
Christian Sci. Bd. of Dirs. of the First Church of Christ, Scientist v.
Nolan, 259 F.3d 209, 215 (4th Cir. 2001).
6
Page 8
II.
A.
A federal court may exercise personal jurisdiction over a defendant
in the manner provided by state law. See ESAB Group, Inc. v. Cen-
tricut, Inc., 126 F.3d 617, 622 (4th Cir. 1997); Fed. R. Civ. P.
4(k)(1)(A). Because Virginia's long-arm statute extends personal
jurisdiction to the extent permitted by the Due Process Clause, see
English & Smith v. Metzger, 901 F.2d 36, 38 (4th Cir. 1990), "the
statutory inquiry necessarily merges with the constitutional inquiry,
and the two inquiries essentially become one." Stover v. O'Connell
Assocs., Inc., 84 F.3d 132, 135-36 (4th Cir. 1996). The question, then,
is whether the defendant has sufficient "minimum contacts with [the
forum] such that the maintenance of the suit does not offend `tradi-
tional notions of fair play and substantial justice.'" Int'l Shoe Co. v.
Washington, 326 U.S. 310, 316 (1945) (quoting Milliken v. Meyer,
311 U.S. 457, 463 (1940)). A court may assume power over an out-
of-state defendant either by a proper "finding [of] specific jurisdiction
based on conduct connected to the suit or by [a proper] finding [of]
general jurisdiction." ALS Scan, Inc. v. Digital Serv. Consultants, Inc.,
293 F.3d 707, 711 (4th Cir. 2002). Warden Young argues only for
specific jurisdiction, so we limit our discussion accordingly. When a
defendant's contacts with the forum state "are also the basis for the
suit, those contacts may establish specific jurisdiction." Id. at 712. In
determining whether specific jurisdiction exists, we traditionally ask
(1) whether the defendant purposefully availed itself of the privileges
of conducting activities in the forum state, (2) whether the plaintiff's
claim arises out of the defendant's forum-related activities, and (3)
"whether the exercise of personal jurisdiction over the defendant
would be constitutionally reasonable." Id. at 712. See also Christian
Sci. Bd., 259 F.3d at 216. The plaintiff, of course, has the burden to
establish that personal jurisdiction exists over the out-of-state defen-
dant. Young v. FDIC, 103 F.3d 1180, 1191 (4th Cir. 1997).
B.
We turn to whether the district court can exercise specific jurisdic-
tion over the newspaper defendants, namely, the two newspapers, the
two editors, and the two reporters. To begin with, we can put aside
7
Page 9
the few Virginia contacts that are not Internet based because Warden
Young does not rely on them. Thus, Young does not claim that the
reporters' few telephone calls into Virginia or the Courant’s eight
Virginia subscribers are sufficient to establish personal jurisdiction
over those defendants. Nor did the district court rely on these tradi-
tional contacts.
Warden Young argues that the district court has specific personal
jurisdiction over the newspaper defendants (hereafter, the "newspa-
pers") because of the following contacts between them and Virginia:
(1) the newspapers, knowing that Young was a Virginia resident,
intentionally discussed and defamed him in their articles, (2) the
newspapers posted the articles on their websites, which were accessi-
ble in Virginia, and (3) the primary effects of the defamatory state-
ments on Young's reputation were felt in Virginia. Young emphasizes
that he is not arguing that jurisdiction is proper in any location where
defamatory Internet content can be accessed, which would be any-
where in the world. Rather, Young argues that personal jurisdiction
is proper in Virginia because the newspapers understood that their
defamatory articles, which were available to Virginia residents on the
Internet, would expose Young to public hatred, contempt, and ridicule
in Virginia, where he lived and worked. As the district court put it,
"[t]he defendants were all well aware of the fact that the plaintiff was
employed as a warden within the Virginia correctional system and
resided in Virginia," and they "also should have been aware that any
harm suffered by Young from the circulation of these articles on the
Internet would primarily occur in Virginia."
Young frames his argument in a way that makes one thing clear:
if the newspapers' contacts with Virginia were sufficient to establish
personal jurisdiction, those contacts arose solely from the newspa-
pers' Internet-based activities. Recently, in ALS Scan we discussed
the challenges presented in applying traditional jurisdictional princi-
ples to decide when "an out-of-state citizen, through electronic con-
tacts, has conceptually `entered' the State via the Internet for
jurisdictional purposes." ALS Scan, 293 F.3d at 713. There, we held
that "specific jurisdiction in the Internet context may be based only
on an out-of-state person's Internet activity directed at [the forum
state] and causing injury that gives rise to a potential claim cognizable
in [that state]." Id. at 714. We noted that this standard for determining
8
Page 10
specific jurisdiction based on Internet contacts is consistent with the
one used by the Supreme Court in Calder v. Jones, 465 U.S. 783
(1984). ALS Scan, 293 F.3d at 714. Calder, though not an Internet
case, has particular relevance here because it deals with personal
jurisdiction in the context of a libel suit. In Calder a California actress
brought suit there against, among others, two Floridians, a reporter
and an editor who wrote and edited in Florida a National Enquirer
article claiming that the actress had a problem with alcohol. The
Supreme Court held that California had jurisdiction over the Florida
residents because "California [was] the focal point both of the story
and of the harm suffered." Calder, 465 U.S. at 789. The writers' "ac-
tions were expressly aimed at California," the Court said, "[a]nd they
knew that the brunt of [the potentially devastating] injury would be
felt by [the actress] in the State in which she lives and works and in
which the National Enquirer has its largest circulation," 600,000 cop-
ies. Calder, 465 U.S. at 789-90.
Warden Young argues that Calder requires a finding of jurisdiction
in this case simply because the newspapers posted articles on their
Internet websites that discussed the warden and his Virginia prison,
and he would feel the effects of any libel in Virginia, where he lives
and works. Calder does not sweep that broadly, as we have recog-
nized. For example, in ESAB Group, Inc. v. Centricut, Inc., 126 F.3d
617, 625-26 (4th Cir. 1997), we emphasized how important it is in
light of Calder to look at whether the defendant has expressly aimed
or directed its conduct toward the forum state. We said that
"[a]lthough the place that the plaintiff feels the alleged injury is
plainly relevant to the [jurisdictional] inquiry, it must ultimately be
accompanied by the defendant's own [sufficient minimum] contacts
with the state if jurisdiction . . . is to be upheld." Id. at 626. We thus
had no trouble in concluding in ALS Scan that application of Calder
in the Internet context requires proof that the out-of-state defendant's
Internet activity is expressly targeted at or directed to the forum state.
ALS Scan, 293 F.3d at 714. In ALS Scan we went on to adapt the tra-
ditional standard (set out in part II.A., supra ) for establishing specific
jurisdiction so that it makes sense in the Internet context. We "con-
clude[d] that a State may, consistent with due process, exercise judi-
cial power over a person outside of the State when that person (1)
directs electronic activity into the State, (2) with the manifested intent
of engaging in business or other interactions within the State, and (3)
9
Page 11
that activity creates, in a person within the State, a potential cause of
action cognizable in the State's courts." ALS Scan, 293 F.3d at 714.
When the Internet activity is, as here, the posting of news articles
on a website, the ALS Scan test works more smoothly when parts one
and two of the test are considered together. We thus ask whether the
newspapers manifested an intent to direct their website content —
which included certain articles discussing conditions in a Virginia
prison — to a Virginia audience. As we recognized in ALS Scan, "a
person's act of placing information on the Internet" is not sufficient
by itself to "subject[ ] that person to personal jurisdiction in each
State in which the information is accessed." Id. at 712. Otherwise, a
"person placing information on the Internet would be subject to per-
sonal jurisdiction in every State," and the traditional due process prin-
ciples governing a State's jurisdiction over persons outside of its
borders would be subverted. Id.See also GTE New Media Servs. Inc.
v. Bellsouth Corp., 199 F.3d 1343, 1350 (D.C. Cir. 2000). Thus, the
fact that the newspapers' websites could be accessed anywhere,
including Virginia, does not by itself demonstrate that the newspapers
were intentionally directing their website content to a Virginia audi-
ence. Something more than posting and accessibility is needed to "in-
dicate that the [newspapers] purposefully (albeit electronically)
directed [their] activity in a substantial way to the forum state," Vir-
ginia. Panavision Int'l, L.P. v. Toeppen, 141 F.3d 1316, 1321 (9th
Cir. 1998) (quotation omitted). The newspapers must, through the
Internet postings, manifest an intent to target and focus on Virginia
readers.
We therefore turn to the pages from the newspapers' websites that
Warden Young placed in the record, and we examine their general
thrust and content. The overall content of both websites is decidedly
local, and neither newspaper's website contains advertisements aimed
at a Virginia audience. For example, the website that distributes the
Courant, ctnow.com, provides access to local (Connecticut) weather
and traffic information and links to websites for the University of
Connecticut and Connecticut state government. The Advocate's web-
site features stories focusing on New Haven, such as one entitled
"The Best of New Haven." In sum, it appears that these newspapers
maintain their websites to serve local readers in Connecticut, to
expand the reach of their papers within their local markets, and to
10
Page 12
provide their local markets with a place for classified ads. The web-
sites are not designed to attract or serve a Virginia audience.
We also examine the specific articles Young complains about to
determine whether they were posted on the Internet with the intent to
target a Virginia audience. The articles included discussions about the
allegedly harsh conditions at the Wallens Ridge prison, where Young
was warden. One article mentioned Young by name and quoted a
Connecticut state senator who reported that Young had Confederate
Civil War memorabilia in his office. The focus of the articles, how-
ever, was the Connecticut prisoner transfer policy and its impact on
the transferred prisoners and their families back home in Connecticut.
The articles reported on and encouraged a public debate in Connecti-
cut about whether the transfer policy was sound or practical for that
state and its citizens. Connecticut, not Virginia, was the focal point
of the articles. Cf. Griffis v. Luban, 646 N.W.2d 527, 536 (Minn.
2002) ("The mere fact that [the defendant, who posted allegedly
defamatory statements about the plaintiff on the Internet] knew that
[the plaintiff] resided and worked in Alabama is not sufficient to
extend personal jurisdiction over [the defendant] in Alabama, because
that knowledge does not demonstrate targeting of Alabama as the
focal point of the . . . statements.").
The facts in this case establish that the newspapers' websites, as
well as the articles in question, were aimed at a Connecticut audience.
The newspapers did not post materials on the Internet with the mani-
fest intent of targeting Virginia readers. Accordingly, the newspapers
could not have "reasonably anticipate[d] being haled into court [in
Virginia] to answer for the truth of the statements made in their arti-
cle[s]." Calder, 465 U.S. at 790 (quotation omitted). In sum, the
newspapers do not have sufficient Internet contacts with Virginia to
permit the district court to exercise specific jurisdiction over them.*
____________________________________________________________
* Because the newspapers did not intentionally direct Internet activity
to Virginia, and jurisdiction fails on that ground, we have no need to
explore the last part of the ALS Scan inquiry, that is, whether the chal-
lenged conduct created a cause of action in Virginia. See ALS Scan, 293
F.3d at 714.
11
Page 13
We reverse the order of the district court denying the motions to
dismiss for lack of personal jurisdiction made by the New Haven
Advocate, Gail Thompson (its editor), and Camille Jackson (its
reporter) and by the Hartford Courant, Brian Toolan (its editor), and
Amy Pagnozzi (its reporter).
REVERSED
12

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A00072590000

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ATRIUM - 5151 FLYNN PKWY
#412-A F&F M&E

B00577010000

BURKETT STEPHEN L ATTY
5151 FLYNN PKWY #205
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #205

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#205 F&F M&E VEH COMP

P364451
B00581000000

BURNS INTL SECURITY SER
2 CAMPUS DR
PARSIPPANY, NJ 70540

5151 FLYNN PKWY STE #

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PARKWAY #411 M&E F&F

P151746
C00099600000

CAMPBELL INSURANCE AGENCY INC
C/O BETTY BAXTER-PRES.
P O BOX 3280
CORPUS CHRISTI, TX 78463-3280

5151 FLYNN PKWY STE 6

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY STE 616 F&F M&E VEH

P349277
C00113240000

CANNON SLINE INC
5151 FLYNN PKWY #412-R
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412-

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412-R FURNITURE & FIXTURES MACHINERY &
EQUIPMENT

P355747
C00148300000

CARDWELL & HAILER ADVERTISE
5151 FLYNN PKWY STE 412
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 51 MDSE F&F
M&E

157486
C00174980000

CARRIAGE FUNERAL SERVICES IN
1300 POST OAK BLCD STE 1500
HOUSTON, TX 77056-3012

5151 FLYNN PARKWAY STE

PERSONAL PROPERTY 5151 FLYNN
PARKWAY STE 500 MDSE F&F M&E

C00008190000

CCCB INC.
P O BOX 72010
CORPUS CHRISTI, TX 78472-2010

5151 FLYNN #400

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #400 F&F COMP

P357669
C00296030000

CERTIFIED PUBLIC ACCOUNTANTS
5151 FLYNN PKWY STE 500
CORPUS CHRISTI, TX 78411-4318

5151 FLYNN PKWY STE 500

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 500 F&F M&E

C00405150000

CHAMINADE CAPITAL CORP
5151 FLYNN PKWY #412
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #412 F&F M&E

P359946
C00304700000

CHANDELLE CO
5151 FLYNN PKWY #412 U&V
ATRIUM BLDG
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412-U&V FURNITURE & FIXTURES MACHINERY
& EQUIPMENT VEHICLE

P354673
C00343200000

CHEEK DAVID & CO
5656 S STAPLES STE 280
CORPUS CHRISTI, TX 78411-4655

5151 FLYNN PKWY STE #41

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE #411 F&F M&E
VEH
EQUIPMENT VEHICLE

C00369520000

CHURCHILL EVALUATION
5151 FLYNN PKWY
STE 412V
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412V F&F M&E

P301229
C00481430000

COASTAL OUTDOOR ADVERTISING
5151 FLYNN PKWY #412
CORPUS CHRISTI, TX 78413-0000

5151 FLYNN PKWY 412-L

PERSONAL PROPERTY LOC 5151
FLYNN PKWY #412-L F&F M&E
VEHICLES

233773
C00568600000

CONSOLIDATED COLLECTION
& CREDIT BUREAU
5151 FLYNN PKWY #200
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #200

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY #200 F&F M&E VEH

P353329
C00583770000

COOK FINANCIAL SERVICES
C/O CLINT COOK
5151 FLYNN PKWY, STE 306
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY, STE 30

PERSONAL PROPERTY LOC 5151
FLYNN PKWY #306 F&F M&E

C00632800000

CORREA ACCOUNTING
5151 FLYNN PKWY #612
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #612 F&F

P333296
C00655490000

COVINGTON CREDIT OF TEXAS
5151 FLYNN PKWY 412 R
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412 R F&F

P364584
C00688550000

CREDIT INFORMATION SERVICES
P O BOX 155
HUTTO, TX 78634-0155

5151 FLYNN PKWY STE 216

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 216 F&F M&E

C00713600000

CROWNE SOLUTIONS
5151 FLYNN PKWY STE 302
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE #302 F&F M&E

P369185
C00051010000

CSN INTERNATIONAL
DBA: KSGR 91.1
3232 W MAC ARTHUR BLVD
SANTA ANA, CA 92704-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#610 F&F M&E

P364452
C00737500000

CUNNINGHAM LINDSEY US INC
300 N MARTINGALE RD
STE 750
SCHAUMBURG, IL 60173-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #412-P F&F M&E

P359252
C00738390000

CUPERTINO NATIONAL BANK
2000 POWELL ST-4TH FLOOR
EMERYVILLE, CA 94608-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#301 LEASED COMP EQPT

P368526
C00745110000

CUSTARD INSURANCE ADJUSTERS
4875 AVALON RIDGE PKWY
NORCROSS, GA 30071-0000

5151 FLYNN PKWY 300

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE 300 F&F M&E

P369186
C00745100000

CUSTARD INSURANCE ADJUSTERS INC
A.R. CUSTARD, CHAIRMAN
4875 AVALON RIDGE PKWY
NORCROSS, GA 30071-0000

5151 FLYNN PKWY #300

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#300 F&F M&E COMP SUPPLIES

P359798
D00042650000

DATA RESOURCE
C/O DAVID JACKSON
5151 FLYNN PKWY, STE 412-F
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY, STE 41

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 412-F M&E F&F

D00046850000

DAVENPORT GARY R
5151 FLYNN PKWY #604
CORPUS CHRISTI, TX 78411-4318

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #604 STE C VEH

P155508
D00126520000

DE LEON E V & COMPANY
PO BOX 270445
CORPUS CHRISTI, TX 78427-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#102 F&F M&E VEH

P301231
D00154060000

DESTINEER CORP
5151 FLYNN PKWY #625
ATRIUM BLDG
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #625

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#625 FURNITURE & FIXTURES MACHINERY &
EQUIPMENT VEHICLE

P354656
D00190920000

DIVERSICARE MANAGEMENT SERVICES
277 MALLORY STATION RD., STE 130
FRANKLIN, TN 30675-0000

5151 FLYNN PKWY #108

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY F&F M&E

P351339
D00261150000

DRESSER INDUSTRIES
SECURITY DIV
1700 PACIFIC AVE STE 1400
DALLAS, TX 75201-4698

5151 FLYNN PKWY STE 412

PERSONAL PROPERTY LOC 5151
FLYNN PKWY F&F M&E

E00026490000

ECKERD CORPORATION
P O BOX 10001
DALLAS, TX 75301-1217

5151 FLYNN PKWY #510

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #510 FURNITURE & FIXTURES
MACHINERY & EQUIPMENT VEHICLE

P355755
E00029990000

ECKERT WILLIAM III PH D
3120 SOUTHWEST FWY STE 613
HOUSTON, TX 77078-4510

5151 FLYNN PKWY STE 307

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 307 F&F M&E
VEH

E00179000000

EVANS WYATT ADVERTISING
14 FARRAQUAT DR
BRICK, NJ 87237

5151 FLYNN PKWY

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 624 F&F M&E
VEH

159711
F00029680000

FARMERS INSURANCE GROUP
ATTN: ACCOUNTING OPERATIONS
P O BOX 149044
AUSTIN, TX 78714-9044

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#217 F&F M&E

P344250
F00081510000

FINANCIAL CONTROL SYSTEMS
5151 FLYNN PKWY #412
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 412 F&F M&E

224372
F00086610000

FIRM SOLUTIONS
5151 FLYNN PKWY #301
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #301

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #301 F&F M&E

P359970
F00151410000

FLUOR DANIEL INC
1 FLUOR DANIEL DRIVE
SUGARLAND, TX 77487-0000

5151 FLYNN PKWY #206

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #206 LEASED EQUIPMENT

P354270
F00151400000

FLUOR GLOBAL SERVICES
213 W SOUTHMORE AVE STE 300
PASADENA, TX 77502-1026

5151 FLYNN PKWY STE 2

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY, STE 200, 206 & 412-W F&F
M&E

P349301
F00180480000

FOUR J'S COMMUNITY
LIVING CENTER
5151 FLYNN PKWY STE 500
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE 500 F&F M&E VEH

P369314
F00231900000

FROST ANGELA M PHD LPC
5151 FLYNN PKWY
STE 624
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#600 F&F M&E SUPPLIES COMP

P356217
G00007500000

GAB ROBINS NORTH AMERICAINC.
ATTN: TAX DEPT
P O BOX 316
PARSIPPANY, NJ 70540-316

5151 FLYNN PKWY, STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY STE 514 F&F VEH

P158845
G00079650000

GARDNER & ASSOCIATES
P.O. BOX 11560
AUSTIN, TX 78711-1560

5151 FLYNN PKWY #114

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#114 - ATRIUM TOWER F&F M&E

P356618
G00094340000

GARY B PEARCE AND COMPANY
5151 FLYNN PKWY
STE 206
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#308 F&F M&E

P369503
G00259230000

GOMEZ LARRY PRO COUNSELOR
5151 FLYNN PARKWAY #602
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #600

PERSONAL PROPERTY LOC 5151
FLYNN PARKWAY # 600 F&F M&E
VEH

199216
G00347030000

GREATER BAY BANK
DBA THE MATSCO COMPANIES
2000 POWELL ST 4TH FLOOR
EMERYVILLE, CA 94608-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#301 COMP

P301795
G00347100000

GREATER BAY EQUIPMENT FINANCE
TRI-STATE RISK MANAGEMENT
2000 POWELL ST 4TH FLOOR
EMERYVILLE, CA 94608-1885

5151 FLYNN PKWY #301

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#301, F&F, M&E, COMP

P300200
H00119850000

HARRIS JK & CO
5151 FLYNN PKWY
STE 412B
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412B F&F M&E

P301232
H00000870000

HDR ENGINEERING INC.
8404 INDIAN HILLS DR
OMAHA, NE 68114-4049

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #314 F&F M&E SUPPLIES

P358303
H00176720000

HEALTH FORCE
5151 FLYNN PKWY
STE 416
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#416 F&F M&E

P301233
H00254070000

HESSEK FINANCIAL
5151 FLYNN PKWY STE 412 F
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE 412 F F&F M&E

P369190
H00285250000

HIGHLANDS INSURANCE CO INC
10370 RICHMOND AVE
HOUSTON, 77 77001-0000

5151 FLYNN PKWY STE 400

PERSONAL PROPERTY LOC THE
ATRIUM - 5151 FLYN PKWY #400
F&F VEH

213058
H00317870000

HOCHHEIM PRAIRIE FARM
MUTUAL INS
500 SOUTH U S HWY 77A
YOAKUM, TX 77995-0000

5151 FLYNN PARKWAY #6

PERSONAL PROPERTY LOC 5151 FLYNN
PARKWAY #626 F&F M&E

P354433
H00357850000

HOME INSTEAD GROUP LLC
LGH INVESTMENTS INC
MR LAWRENCE PRIMEAU
14120 NORTHWEST BLVD
CORPUS CHRISTI, TX 78410

5151 FLYNN PKWY #512

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #512 MDSE F&F M&E VEH

P359968
H00386930000

HORVAT JOSEPH J
5151 FLYNN PKWY #108
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#108 MDSE M&E F&F VEH

P162600
I00034230000

INSURANCE PARTNERS SOUTHWEST
5151 FLYNN PKWY #412-C
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412-C F&F COMP

P364447
J00088780000

JIM WARD HOMES
5151 FLYNN PKWY STE 316-F
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY 316-F

PERSONAL PROPERTY LOC 5151
FLYNN PKWY STE 316-F F&F M&E

199484
J00011090000

JLM ENTERPRISE
5151 FLYNN PKWY #302
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #302

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY #302 MDSE F&F M&E

P353325
P00052760000

JOHN T PARKER CLAIMS
5151 FLYNN PKWY
STE 412Q
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412Q F&F M&E VEH

P301234
K00135640000

KNOX GARDNER & ASSOC
5151 FLYNN PKWY #612
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #612

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY #612 F&F M&E

P353326
K00158000000

KOSAREK DAVENPORT & CUDD
5151 FLYNN PARKWAY #604
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PARKWAY #604 M&E F&F

P164862
L00151000000

LEMLEY INSURANCE AGENCY
5151 FLYNN PARKWAY #302
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE 302

PERSONAL PROPERTY LOC 5151
FLYNN PARKWAY #302 VEHICLE
MACHINERY & EQUIPMENT
FURNITURE & FIXTURES

163483
L00203500000

LINDSEY MORDEN CLAIM SRVC INC
P O BOX 6030
TYLER, TX 78711-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PARKWAY #110 FURNITURE & FIXTURES
MACHINERY & EQUIPMENT

P165932
M00100600000

MARSHA CAMP EXECUTIVE
SECRETARIAL SERVICES INC.
5151 FLYNN PKWY #412-I
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412-

PERSONAL PROPERTY LOC 5151 FLYNN PLWY
#412-I F&F M&E

P356305
M00206960000

MCCAIG DAVID & ASSOC
5151 FLYNN PKWY #600
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #600 F&F M&E

P353327
M00310050000

MEDICAL INTEREST, INC.
4319 MEDICAL DR STE#213
SAN ANTONIO, TX 78229-3325

5151 FLYNN PKWY #202

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #202 F&F M&E

P359969
M00315410000

MEDICAL MANAGER SW
1200 E COPELAND RD, STE 500
ARLINGTON, TX 76011-0000

5151 FLYNN PKWY STE 6

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE 620 & 624 MDSE F&F M&E COMPUTER

P358310
M00517300000

MORAIDA MINNIE AGENCY
719 S SHORELINE
STE 404
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #627 VEHICLE F&F M&E

P355757
M00569130000

MOTIENT COMMUNICATIONS INC
ATTN: CONNIE ROEDER
300 KNIGHTSBRIDGE PKWY
LINCOLNSHIRE, IL 60069-3625

5151 FLYNN PKWY

PERSONAL PROPERTY LOC THE ATRIUM - 5151
FLYNN PKWY M&E

P363367
N00019300000

NATIONAL MAIL-IN INC
P O BOX 19630
SHREVEPORT, LA 71149-0630

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY F&F M&E

P359971
N00037610000

NEC AMERICA INC
1525 W WALNUT HILL
IRVING, TX 75038-0000

5151 FLYNN PKWY #406

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #406 LEASED EQUIPMENT

P355962
N00066800000

NEWARK ELECTRONICS DIVISION
% TAX DEPARTMENT
4500 EUCLID AVE
CLEVELAND, OH 44103-0000

5151 FLYNN PKWY #608

PERSONAL PROPERTY LOC THE
ATRIUM - 5151 FLYNN PKWY, STE
608 F&F M&E

N001067300000

NORRIS, MACK
5151 FLYNN PKWY
STE 101
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#101 VEH

P301236
N00106800000

NORRIS, WALTER B
5151 FLYNN PKWY
STE 101
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#101 VEH

P301237
N00107150000

NORSTAN COMMUNICATIONS INC
5151 FLYNN PKWY #412-T
ATRIUM BLDG
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412T

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412-T FURNITURE & FIXTURES MACHINERY &
EQUIPMENT VEHICLE

P354664
N00004700000

NRG ENGINEERING
5151 FLYNN PKWY
STE 616
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#616 F&F M&E VEH

P301235
O00079950000

ONTARIO INVESTMENTS,INC
THE MARKET PLACE
7519 JAMES ST
SYRACUSE, NY 13206-2824

5151 FLYNN PKWAY

PERSONAL PROPERTY LOC 5151
FLYNN PKWAY LEASED EQUIPMENT

O00114300000

OUTREACH HEALTH
5151 FLYNN PKWY
STE 412N
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412N F&F M&E

P301238
P00007010000

PACESETTER CORP
4343 S 96TH ST
OMAHA, NE 68127-1283

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
STE 204 F&F M&E VEH

P363191
P00069150000

PARTNERS TWO INC
5151 FLYNN PKWY
STE 103
CORPUS CHRISTI, TX 78411-4318

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #103 F&F M&E COMP SUPP

P370180
P00107500000

PEARCE & CO C P A'S
5151 FLYNN PKWY #308
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #308

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #308 F&F M&E

P170903
P00128220000

PELICAN BAY REALTY
3833 S STAPLES
STE 206
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#101 F&F M&E

P301239
P00175980000

PERRY DAVID J
P O BX 2692
CORPUS CHRISTI, TX 78403-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC 5151
FLYNN PARKWAY STE 504
MACHINERY & EQUIPMENT
FURNITURE & FIXTURES VEHICLE

200030
P00174350000

PERRYDAVID & ASSOC
P O BOX 72477
CORPUS CHRISTI, TX 78472-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY #504A F&F M&E VEH

P359972
P00275700000

POELMA RANDALL J. & COMPANY
5151 FLYNN PKWY #602
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC THE ATRIUM-5151
FLYNN PKWY STE 602 F&F M&E

P359025
P00361860000

PRINE & ASSOCIAATES
5151 FLYNN PKWY #412
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #412

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#412 F&F COMP

P364456
P00379000000

PRUDENTIAL INS CO OF AM
ATTN: FSD-TA UNIT
P O BOX 1143
MINNEAPOLIS, MN 55440-0000

5151 FLYNN PKWY

PERSONAL PROPERTY LOC 5151
FLYNN PKWY #102 F&F M&E

166437
R00004770000

R N R FACTOR INC
5151 FLYNN PKWY #512
CORPUS CHRISTI, TX 78410-0000

5151 FLYNN PKWY UNIT

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#512 MDSE F&F M&E

P369800
R00060810000

RAMOS MARY JANE M S
5151 FLYNN PKWY
STE 307
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY STE

PERSONAL PROPERTY LOC 5151 FLYNN PKWY
#307 F&F M&E

P301240
R00095680000

REAL ESTATE INSTITUTE OF C C
5151 FLYNN PKWY STE 106
CORPUS CHRISTI, TX 78411-0000

5151 FLYNN PKWY #106

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A body of knowledge whose attainment would make it possible to heal political problems, such as factionalism and the corruption of morals

2007-05-04T04:03:00.000-07:00

Plato's Political Philosophy Plato (c. 427-347 B.C.E.) developed such distinct areas of philosophy as epistemology, metaphysics, ethics, and aesthetics. His deep influence on Western philosophy is asserted in the famous remark of Alfred North Whitehead: “the safest characterization of the European philosophical tradition is that it consists of a series of footnotes to Plato.” He was also the prototypical political philosopher whose ideas had a profound impact on subsequent political theory. His greatest impact was Aristotle, but he influenced Western political thought in many ways. The Academy, the school he founded in 385 B.C.E., became the model for other schools of higher learning and later for European universities.

The philosophy of Plato is marked by the usage of dialectic, a method of discussion involving ever more profound insights into the nature of reality, and by cognitive optimism, a belief in the capacity of the human mind to attain the truth and to use this truth for the rational and virtuous ordering of human affairs. Plato believes that conflicting interests of different parts of society can be harmonized. The best, rational and righteous, political order, which he proposes, leads to a harmonious unity of society and allows each of its parts to flourish, but not at the expense of others. The theoretical design and practical implementation of such order, he argues, are impossible without virtue.

Table of Contents (Clicking on the links below will take you to those parts of this article)

1. Life - from Politics to Philosophy

2. The Threefold Task of Political Philosophy

3. The Quest for Justice in The Republic

4. The Best Political Order

5. The Government of Philosopher Rulers

6. Politics and the Soul

7. Plato’s Achievement

1. Life - from Politics to Philosophy

Plato was born in Athens in c. 427 B.C.E. Until his mid-twenties, Athens was involved in a long and disastrous military conflict with Sparta, known as the Peloponnesian War. Coming from a distinguished family - on his father’s side descending from Codrus, one of the early kings of Athens, and on his mother’s side from Solon, the prominent reformer of the Athenian constitution - he was naturally destined to take an active role in political life. But this never happened. Although cherishing the hope of assuming a significant place in his political community, he found himself continually thwarted. As he relates in his autobiographical Seventh Letter, he could not identify himself with any of the contending political parties or the succession of corrupt regimes, each of which brought Athens to further decline (324b-326a). He was a pupil of Socrates, whom he considered the most just man of his time, and who, although did not leave any writings behind, exerted a large influence on philosophy. It was Socrates who, in Cicero’s words, “called down philosophy from the skies.” The pre-Socratic philosophers were mostly interested in cosmology and ontology; Socrates’ concerns, in contrast, were almost exclusively moral and political issues. In 399 when a democratic court voted by a large majority of its five hundred and one jurors for Socrates’ execution on an unjust charge of impiety, Plato came to the conclusion that all existing governments were bad and almost beyond redemption. “The human race will have no respite from evils until those who are really philosophers acquire political power or until, through some divine dispensation, those who rule and have political authority in the cities become real philosophers” (326a-326b).

It was perhaps because of this opinion that he retreated to his Academy and to Sicily for implementing his ideas. He visited Syracuse first in 387, then in 367, and again in 362-361, with the general purpose to moderate the Sicilian tyrants with philosophical education and to establish a model political rule. But this adventure with practical politics ended in failure, and Plato went back to Athens. His Academy, which provided a base for succeeding generations of Platonic philosophers until its final closure in C.E. 529, became the most famous teaching institution of the Hellenistic world. Mathematics, rhetoric, astronomy, dialectics, and other subjects, all seen as necessary for the education of philosophers and statesmen, were studied there. Some of Plato’s pupils later became leaders, mentors, and constitutional advisers in Greek city-states. His most renowned pupil was Aristotle. Plato died in c. 347 B.C.E. During his lifetime, Athens turned away from her military and imperial ambitions and became the intellectual center of Greece. She gave host to all the four major Greek philosophical schools founded in the course of the fourth century: Plato’s Academy, Aristotle’s Lyceum, and the Epicurean and Stoic schools.

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2. The Threefold Task of Political Philosophy

Although the Republic, the Statesman, the Laws and a few shorter dialogues are considered to be the only strictly political dialogues of Plato, it can be argued that political philosophy was the area of his greatest concern. In the English-speaking world, under the influence of twentieth century analytic philosophy, the main task of political philosophy today is still often seen as conceptual analysis: the clarification of political concepts. To understand what this means, it may be useful to think of concepts as the uses of words. When we use general words, such as “table,” “chair,” “pen,” or political terms, such as “state,” “power,” “democracy,” or “freedom,” by applying them to different things, we understand them in a certain way, and hence assign to them certain meanings. Conceptual analysis then is a mental clearance, the clarification of a concept in its meaning. As such it has a long tradition and is first introduced in Platonic dialogues. Although the results are mostly inconclusive, in “early” dialogues especially, Socrates tries to define and clarify various concepts. However, in contrast to what it is for some analytic philosophers, for Plato conceptual analysis is not an end to itself, but a preliminary step. The next step is critical evaluation of beliefs, deciding which one of the incompatible ideas is correct and which one is wrong. For Plato, making decisions about the right political order are, along with the choice between peace and war, the most important choices one can make in politics. Such decisions cannot be left solely to public opinion, he believes, which in many cases does not have enough foresight and gets its lessons only post factum from disasters recorded in history. In his political philosophy, the clarification of concepts is thus a preliminary step in evaluating beliefs, and right beliefs in turn lead to an answer to the question of the best political order. The movement from conceptual analysis, through evaluation of beliefs, to the best political order can clearly be seen in the structure of Plato’s Republic.

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3. The Quest for Justice in The Republic

One of the most fundamental ethical and political concepts is justice. It is a complex and ambiguous concept. It may refer to individual virtue, the order of society, as well as individual rights in contrast to the claims of the general social order. In Book I of the Republic, Socrates and his interlocutors discuss the meaning of justice. Four definitions that report how the word “justice” (dikaiosune) is actually used, are offered. The old man of means Cephalus suggests the first definition. Justice is “speaking the truth and repaying what one has borrowed” (331d). Yet this definition, which is based on traditional moral custom and relates justice to honesty and goodness; i.e. paying one’s debts, speaking the truth, loving one’s country, having good manners, showing proper respect for the gods, and so on, is found to be inadequate. It cannot withstand the challenge of new times and the power of critical thinking. Socrates refutes it by presenting a counterexample. If we tacitly agree that justice is related to goodness, to return a weapon that was borrowed from someone who, although once sane, has turned into a madman does not seem to be just but involves a danger of harm to both sides. Cephalus’ son Polemarchus, who continues the discussion after his father leaves to offer a sacrifice, gives his opinion that the poet Simonides was correct in saying that it was just “to render to each his due” (331e). He explains this statement by defining justice as “treating friends well and enemies badly” (332d). Under the pressure of Socrates’ objections that one may be mistaken in judging others and thus harm good people, Polemarchus modifies his definition to say that justice is “to treat well a friend who is good and to harm an enemy who is bad” (335a). However, when Socrates finally objects that it cannot be just to harm anyone, because justice cannot produce injustice, Polemarchus is completely confused. He agrees with Socrates that justice, which both sides tacitly agree relates to goodness, cannot produce any harm, which can only be caused by injustice. Like his father, he withdraws from the dialogue. The careful reader will note that Socrates does not reject the definition of justice implied in the saying of Simonides, who is called a wise man, namely, that “justice is rendering to each what befits him” (332b), but only its explication given by Polemarchus. This definition is, nevertheless, found unclear.

The first part of Book I of the Republic ends in a negative way, with parties agreeing that none of the definitions provided stands up to examination and that the original question “What is justice?” is more difficult to answer than it seemed to be at the outset. This negative outcome can be seen as a linguistic and philosophical therapy. Firstly, although Socrates’ objections to given definitions can be challenged, it is shown, as it stands, that popular opinions about justice involve inconsistencies. They are inconsistent with other opinions held to be true. The reportive definitions based on everyday usage of the word “justice” help us perhaps to understand partially what justice means, but fail to provide a complete account of what is justice. These definitions have to be supplied by a definition that will assist clarity and establish the meaning of justice. However, to propose such an adequate definition one has to know what justice really is. The way people define a given word is largely determined by the beliefs which they hold about the thing referred to by this word. A definition that is merely arbitrary or either too narrow or too broad, based on a false belief about justice, does not give the possibility of communication. Platonic dialogues are expressions of the ultimate communication that can take place between humans; and true communication is likely to take place only if individuals can share meanings of the words they use. Communication based on false beliefs, such as statements of ideology, is still possible, but seems limited, dividing people into factions, and, as history teaches us, can finally lead only to confusion. The definition of justice as “treating friends well and enemies badly” is for Plato not only inadequate because it is too narrow, but also wrong because it is based on a mistaken belief of what justice is, namely, on the belief grounded in factionalism, which Socrates does not associate with the wise ones but with tyrants (336a). Therefore, in the Republic, as well as in other Platonic dialogues, there is a relationship between conceptual analysis and critical evaluation of beliefs. The goals of these conversations are not merely linguistic, to arrive at an adequate verbal definition, but also substantial, to arrive at a right belief. The question “what is justice” is not only about linguistic usage of the word “justice,” but primarily about the thing to which the word refers. The focus of the second part of Book I is no longer clarification of concepts, but evaluation of beliefs.

In Platonic dialogues, rather than telling them what they have to think, Socrates is often getting his interlocutors to tell him what they think. The next stage of the discussion of the meaning of justice is taken over by Thrasymachus, a sophist, who violently and impatiently bursts into the dialogue. In the fifth and fourth century B.C.E., the sophists were paid teachers of rhetoric and other practical skills, mostly non-Athenians, offering courses of instruction and claiming to be best qualified to prepare young men for success in public life. Plato describes the sophists as itinerant individuals, known for their rhetorical abilities, who reject religious beliefs and traditional morality, and he contrasts them with Socrates, who as a teacher would refuse to accept payment and instead of teaching skills would commit himself to a disinterested inquiry into what is true and just. In a contemptuous manner, Thrasymachus asks Socrates to stop talking nonsense and look into the facts. As a clever man of affairs, he gives an answer to the question of “what is justice” by deriving justice from the city’s configuration of power and making it relative to the interests of the dominant social or political group. “Justice is nothing else than the interest of the stronger” (338c). Now, by contrast to what some commentators say, the statement that Thrasymachus offers as an answer to Socrates’ question about justice is not a definition. The careful reader will notice that Thrasymachus identifies justice with either maintenance or observance of law. His statement is an expression of his belief that, in the world imperfect as it is, the ruling element in the city, or as we would say today the dominant political or social group, institutes laws and governs for its own benefit (338d). The democrats make laws in support of democracy; the aristocrats make laws that support the government of the well-born; the propertied make laws that protect their status and keep their businesses going; and so on. This belief implies, firstly, that justice is not a universal moral value but a notion relative to expediency of the dominant status quo group; secondly, that justice is in the exclusive interest of the dominant group; thirdly, that justice is used as a means of oppression and thus is harmful to the powerless; fourthly, that there is neither any common good nor harmony of interests between those who are in a position of power and those who are not. All there is, is a domination by the powerful and privileged over the powerless. The moral language of justice is used merely instrumentally to conceal the interests of the dominant group and to make these interests appear universal. The powerful “declare what they have made - what is to their own advantage - to be just” (338e). The arrogance with which Thrasymachus makes his statements suggests that he strongly believes that to hold a different view from his own would be to mislead oneself about the world as it is.

After presenting his statement, Thrasymachus intends to leave as if he believed that what he said was so compelling that no further debate about justice was ever possible (344d). In the Republic he exemplifies the power of a dogma. Indeed he presents Socrates with a powerful challenge. Yet, whether or not what he said sounds attractive to anyone, Socrates is not convinced by the statement of his beliefs. Beliefs shape our lives as individuals, nations, ages, and civilizations. Should we really believe that “justice [obeying laws] is really the good of another, the advantage of the stronger and the ruler, harmful to the one who obeys, while injustice [disobeying laws] is in one’s own advantage” (343c)? The discussion between Socrates and his interlocutors is no longer about the meaning of “justice.” It is about fundamental beliefs and “concerns no ordinary topic but the way we ought to live” (352d). Although in Book I Socrates finally succeeds in showing Thrasymachus that his position is self-contradictory and Thrasymachus withdraws from the dialogue, perhaps not fully convinced, yet red-faced, in Book II Thrasymachus’ argument is taken over by two young intellectuals, Plato’s brothers, Glaucon and Adeimantus, who for the sake of curiosity and a playful intellectual exercise push it to the limit (358c-366d). Thrasymachus withdraws, but his statement: moral skepticism and relativism, predominance of power in human relations, and non-existence of the harmony of interests, hovers over the Western mind. It takes whole generations of thinkers to struggle with Thrasymachus’ beliefs, and the debate still continues. It takes the whole remainder of the Republic to present an argument in defense of justice as a universal value and the foundation of the best political order.

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4. The Best Political Order

Although large parts of the Republic are devoted to the description of an ideal state ruled by philosophers and its subsequent decline, the chief theme of the dialogue is justice. It is fairly clear that Plato does not introduce his fantastical political innovation, which Socrates describes as a city in speech, a model in heaven, for the purpose of practical implementation (592a-b). The vision of the ideal state is used rather to illustrate the main thesis of the dialogue that justice, understood traditionally as virtue and related to goodness, is the foundation of a good political order, and as such is in everyone’s interest. Justice, if rightly understood, Plato argues, is not to the exclusive advantage of any of the city’s factions, but is concerned with the common good of the whole political community, and is to the advantage of everyone. It provides the city with a sense of unity, and thus, is a basic condition for its health. “Injustice causes civil war, hatred, and fighting, while justice brings friendship and a sense of common purpose” (351d). In order to understand further what justice and political order are for Plato, it is useful to compare his political philosophy with the pre-philosophical insights of Solon, who is referred to in a few dialogues. Biographical information about Plato is fairly scarce. The fact that he was related through his mother to this famous Athenian legislator, statesman and poet, regarded as one of the “Seven Sages,” may be treated as merely incidental. On the other hand, taking into consideration that in Plato’s times education would have been passed on to children informally at home, it seems highly probable that Plato was not only well acquainted with the deeds and ideas of Solon, but that these deeply influenced him.

The essence of the constitutional reform which Solon made in 593 B.C.E., over one hundred and fifty years before Plato’s birth, when he became the Athenian leader, was the restoration of righteous order, eunomia. In the early part of the sixth century Athens was disturbed by a great tension between two parties: the poor and the rich, and stood at the brink of a fierce civil war. On the one hand, because of an economic crisis, many poorer Athenians were hopelessly falling into debt, and since their loans were often secured by their own persons, thousands of them were put into serfdom. On the other hand, lured by easy profits from loans, the rich stood firmly in defense of private property and their ancient privileges. The partisan strife, which seemed inevitable, would make Athens even more weak economically and defenseless before external enemies. Appointed as a mediator in this conflict, Solon enacted laws prohibiting loans on the security of the person. He lowered the rate of interest, ordered the cancellation of all debts, and gave freedom to serfs. He acted so moderately and impartially that he became unpopular with both parties. The rich felt hurt by the reform. The poor, unable to hold excess in check, demanded a complete redistribution of landed property and the dividing of it into equal shares. Nevertheless, despite these criticisms from both sides, Solon succeeded in gaining social peace. Further, by implementing new constitutional laws, he set up a “mighty shield against both parties and did not allow either to win an unjust victory” (Aristotle, The Athenian Constitution). He introduced a system of checks and balances which would not favor any side, but took into consideration legitimate interests of all social groups. In his position, he could easily have become the tyrant over the city, but he did not seek power for himself. After he completed his reform, he left Athens in order to see whether it would stand the test of time, and returned to his country only ten years later. Even though in 561 Pisistratus seized power and became the first in a succession of Athenian tyrants, and in 461 the democratic leader Ephialtes abolished the checks upon popular sovereignty, Solon’s reform provided the ancient Greeks with a model of both political leadership and order based on impartiality and fairness. Justice for Solon is not an arithmetical equality: giving equal shares to all alike irrespective of merit, which represents the democratic concept of distributive justice, but it is equity or fairness based on difference: giving shares proportionate to the merit of those who receive them. The same ideas of political order, leadership, and justice can be found in Plato’s dialogues.

For Plato, like for Solon, the starting point for the inquiry about the best political order is the fact of social diversity and conflicting interests, which involve the danger of civil strife. The political community consists of different parts or social classes, such as the noble, the rich, and the poor, each representing different values, interests, and claims to rule. This gives rise to the controversy of who should rule the community, and what is the best political system. In both the Republic and the Laws, Plato asserts not only that factionalism and civil war are the greatest dangers to the city, more dangerous even than war against external enemies, but also that peace obtained by the victory of one part and the destruction of its rivals is not to be preferred to social peace obtained through the friendship and cooperation of all the city’s parts (Republic 462a-b, Laws 628a-b). Peace for Plato is, unlike for Marxists and other radical thinkers, not a status quo notion, related to the interest of the privileged group, but a value that most people usually desire. He does not stand for war and the victory of one class, but for peace in social diversity. “The best is neither war nor faction - they are things we should pray to be spared from - but peace and mutual good will” (628c). Building on the pre-philosophical insights of Solon and his concept of balancing conflicting interests, in both the Republic and the Laws, Plato offers two different solutions to the same problem of social peace based on the equilibrium and harmonious union of different social classes. If in the Republic it is the main function of the political leadership of philosopher-rulers to make the civil strife cease, in the Laws this mediating function is taken over by laws. The best political order for Plato is that which promotes social peace in the environment of cooperation and friendship among different social groups, each benefiting from and each adding to the common good. The best form of government, which he advances in the Republic, is a philosophical aristocracy or monarchy, but that which he proposes in his last dialogue the Laws is a traditional polity: the mixed or composite constitution that reconciles different partisan interests and includes aristocratic, oligarchic, and democratic elements.

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5. The Government of Philosopher Rulers

It is generally believed today that democracy, “government of the people by the people and for the people,” is the best and only fully justifiable political system. The distinct features of democracy are freedom and equality. Democracy can be described as the rule of the free people who govern themselves, either directly or though their representatives, in their own interest. Why does Plato not consider democracy the best form of government? In the Republic he criticizes the direct and unchecked democracy of his time precisely because of its leading features (557a-564a). Firstly, although freedom is for Plato a true value, democracy involves the danger of excessive freedom, of doing as one likes, which leads to anarchy. Secondly, equality, related to the belief that everyone has the right and equal capacity to rule, brings to politics all kinds of power-seeking individuals, motivated by personal gain rather than public good. Democracy is thus highly corruptible. It opens gates to demagogues, potential dictators, and can thus lead to tyranny. Hence, although it may not be applicable to modern liberal democracies, Plato’s main charge against the democracy he knows from the ancient Greek political practice is that it is unstable, leading from anarchy to tyranny, and that it lacks leaders with proper skill and morals. Democracy depends on chance and must be mixed with competent leadership (501b). Without able and virtuous leaders, such as Solon or Pericles, who come and go by chance, it is not a good form of government. But even Pericles, who as Socrates says made people “wilder” rather than more virtuous, is considered not to be the best leader (Gorgias, 516c). If ruling a state is a craft, indeed statecraft, Plato argues, then politics needs expert rulers, and they cannot come to it merely by accident, but must be carefully selected and prepared in the course of extensive training. Making political decisions requires good judgment. Politics needs competence, at least in the form of today’s civil servants. Who then should the experts be and why? Why does Plato in the Republic decide to hand the steering wheel of the state to philosophers?

In spite of the idealism with which he is usually associated, Plato is not politically naive. He does not idealize, but is deeply pessimistic about human beings. Most people, corrupted as they are, are for him fundamentally irrational, driven by their appetites, egoistic passions, and informed by false beliefs. If they choose to be just and obey laws, it is only because they lack the power to act criminally and are afraid of punishment (Republic, 359a). Nevertheless, human beings are not vicious by nature. They are social animals, incapable of living alone (369a-b). Living in communities and exchanging products of their labor is natural for them, so that they have capacities for rationality and goodness. Plato, as later Rousseau, believes that once political society is properly ordered, it can contribute to the restoration of morals. A good political order, good education and upbringing can produce “good natures; and [these] useful natures, who are in turn well educated, grow up even better than their predecessors” (424a). Hence, there are in Plato such elements of the idealistic or liberal world view as the belief in education and progress, and a hope for a better future. The quality of human life can be improved if people learn to be rational and understand that their real interests lie in harmonious cooperation with one another, and not in war or partisan strife. However, unlike Rousseau, Plato does not see the best social and political order in a democratic republic. Opinions overcome truth in everyday life. Peoples’ lives and the lives of communities are shaped by the prevailing beliefs. If philosophers are those who can distinguish between true and false beliefs, who love knowledge and are motivated by the common good, and finally if they are not only master-theoreticians, but also the master-practitioners who can heal the ills of their society, then they, and not democratically elected representatives, must be chosen as leaders and educators of the political community and guide it to proper ends. They are required to counteract the destabilizing effects of false beliefs on society. Are philosophers incorruptible? In the ideal city there are provisions to minimize possible corruption, even among the good-loving philosophers. They can neither enjoy private property nor family life. Although they are the rulers, they receive only a modest remuneration from the state, dine in common dining halls, and have wives and children in common. These provisions are necessary, Plato believes, because if the philosopher-rulers were to acquire private land, luxurious homes, and money themselves, they would soon become hostile masters of other citizens rather than their leaders and allies (417a-b). The ideal city becomes a bad one, described as timocracy, precisely when the philosophers neglect music and physical exercise, and begin to gather wealth (547b).

To be sure, Plato’s philosophers, among whom he includes both men and women, are not those who can usually be found today in departments of philosophy and who are described as the “prisoners who take refuge in a temple” (495a). Initially chosen from among the brightest, most stable, and most courageous children, they go through a sophisticated and prolonged educational training which begins with gymnastics, music and mathematics, and ends with dialectic, military service and practical city management. They have superior theoretical knowledge, including the knowledge of the just, noble, good and advantageous, but are not inferior to others in practical matters as well (484d, 539e). Being in the final stage of their education illuminated by the idea of the good, they are those who can see beyond changing empirical phenomena and reflect on such timeless values as justice, beauty, truth, and moderation (501b, 517b). Goodness is not merely a theoretical idea for them, but the ultimate state of their mind. If the life of the philosopher-rulers is not of private property, family or wealth, nor even of honor, and if the intellectual life itself seems so attractive, why should they then agree to rule? Plato’s answer is in a sense a negative one. Philosophical life, based on contemplative leisure and the pleasure of learning, is indeed better and happier than that of ruling the state (519d). However, the underlying idea is not to make any social class in the city the victorious one and make it thus happy, but “to spread happiness throughout the city by bringing the citizens into harmony with each other ... and by making them share with each other the benefits that each class can confer on the community” (519e). Plato assumes that a city in which the rulers do not govern out of desire for private gain, but are least motivated by personal ambition, is governed in the way which is the finest and freest from civil strife (520d). Philosophers will rule not only because they will be best prepared for this, but also because if they do not, the city will no longer be well governed and may fall prey to economic decline, factionalism, and civil war. They will approach ruling not as something really enjoyable, but as something necessary (347c-d).

Objections against the government of philosopher-rulers can be made. Firstly, because of the restrictions concerning family and private property, Plato is often accused of totalitarianism. However, Plato’s political vision differs from a totalitarian state in a number of important aspects. Especially in the Laws he makes clear that freedom is one of the main values of society (701d). Other values for which Plato stands include justice, friendship, wisdom, courage, and moderation, and not factionalism or terror that can be associated with a totalitarian state. The restrictions which he proposes are placed on the governors, rather than on the governed. Secondly, one can argue that there may obviously be a danger in the self-professed claim to rule of the philosophers. Individuals may imagine themselves to be best qualified to govern a country, but in fact they may lose contact with political realities and not be good leaders at all. If philosopher-rulers did not have real knowledge of their city, they would be deprived of the essential credential that is required to make their rule legitimate, namely, that they alone know how best to govern. Indeed, at the end of Book VII of the Republic where philosophers’ education is discussed, Socrates says: “I forgot that we were only playing, and so I spoke too vehemently” (536b), as if to imply that objections can be made to philosophical rule. As in a few other places in the dialogue, Plato throws his political innovation open to doubt. However, in Plato’s view, philosopher-rulers do not derive their authority solely from their expert knowledge, but also from their love of the city as a whole and their impartiality and fairness. Their political authority is not only rational but also substantially moral, based on the consent of the governed. They regard justice as the most important and most essential thing (540e). Even if particular political solutions presented in the Republic may be open to questioning, what seems to stand firm is the basic idea that underlies philosophers’ governance and that can be traced back to Solon: the idea of fairness based on difference as the basis of the righteous political order. A political order based on fairness leads to friendship and cooperation among different parts of the city.

For Plato, as for Solon, government exists for the benefit of all citizens and all social classes, and must mediate between potentially conflicting interests. Such a mediating force is exercised in the ideal city of the Republic by the philosopher-rulers. They are the guarantors of the political order that is encapsulated in the norm that regulates just relations of persons and classes within the city and is expressed by the phrase: “doing one’s own work and not meddling with what isn’t one’s own” (433a-b). If justice is related to equality, the notion of equality is indeed preserved in Plato’s view of justice expressed by this norm as the impartial, equal treatment of all citizens and social groups. It is not the case that Plato knew that justice meant equality but made it inequality, as Karl Popper believed. In the ideal city all persons and social groups are given equal opportunities to be happy, i.e. pursue happiness, but not at the expense of others. Their particular individual, group or class happiness is limited by the need of the happiness for all. The happiness of the whole city is not for Plato the happiness of an abstract unity called the polis, or the happiness of the greatest number, but rather the happiness of all citizens derived from a peaceful, harmonious, and cooperative union of different social classes. According to the traditional definition of justice by Simonides from Book I, which is reinterpreted in Book IV, as “doing one’s own work,” each social class receives its proper due in the distribution of benefits and burdens. The philosopher-rulers enjoy respect and contemplative leisure, but not wealth or honors; the guardian class, the second class in the city, military honors, but not leisure or wealth; and the producer class, family life, wealth, and freedom of enterprise, but not honors or rule. Then, the producers supply the city with goods; the guardians, defend it; and the philosophers, attuned to virtue and illuminated by goodness, rule it impartially for the common benefit of all citizens. The three different social classes engage in mutually beneficial enterprise, by which the interests of all are best served. Social and economic differences, i.e. departures from equality, bring about benefits to people in all social positions, and therefore, are justified. In the Platonic vision of the Republic, all social classes get to perform what they are best fit to do and are unified into a single community by mutual interests. In this sense, although each are different, they are all friends.

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6. Politics and the Soul

It can be contended that the whole argument of the Republic is made in response to the denial of justice as a universal moral value expressed in Thrasymachus’ statement: “Justice is nothing else than the interest of the stronger.” Moral relativism, the denial of the harmony of interests, and other problems posed by this statement are a real challenge for Plato for whom justice is not merely a notion relative to the existing laws instituted by the victorious factions in power. In the Laws a similar statement is made again (714c), and it is interpreted as the right of the strong, the winner in a political battle (715a). By such interpretation, morality is denied and the right to govern, like in the “Melian Dialogue” of Thucydides, is equated simply with might. The decisions about morals and justice which we make are for Plato “no trifle, but the foremost thing” (714b). The answer to the question of what is right and what is wrong can entirely determine our way of life, as individuals and communities. If Plato’s argument about justice presented in both the Republic and the Laws can be summarized in just one sentence, the sentence will say: “Justice is neither the right of the strong nor the advantage of the stronger, but the right of the best and the advantage of the whole community.” The best, as explained in the Republic, are the expert philosophical rulers. They, the wise and virtuous, free from faction and guided by the idea of the common good, should rule for the common benefit of the whole community, so that the city will not be internally divided by strife, but one in friendship (Republic, 462a-b). Then, in the Laws, the reign of the best individuals is replaced by the reign of the finest laws instituted by a judicious legislator (715c-d). Throughout this dialogue Plato’s guiding principle is that the good society is a harmonious union of different social elements that represent two key values: wisdom and freedom (701d). The best laws assure that all the city’s parts: the democratic, the oligarchic, and the aristocratic, are represented in political institutions: the popular Assembly, the elected Council, and the Higher Council, and thus each social class receives its due expression. Still, a democratic skeptic can feel dissatisfied with Plato’s proposal to grant the right to rule to the best, either individuals or laws, even on the basis of tacit consent of the governed. The skeptic may believe that every adult is capable of exercising the power of self-direction, and should be given the opportunity to do so. He will be prepared to pay the costs of eventual mistakes and to endure an occasional civil unrest or even a limited war rather than be directed by anyone who may claim superior wisdom. Why then should Plato’s best constitution be preferable to democracy? In order to fully explain the Platonic political vision, the meaning of “the best” should be further clarified.

In the short dialogue Alcibiades I, little studied today and thought by some scholars as not genuine, though held in great esteem by the Platonists of antiquity, Socrates speaks with Alcibiades. The subject of their conversation is politics. Frequently referred to by Thucydides in the History of the Peloponnesian War, Alcibiades, the future leader of Athens, highly intelligent and ambitious, largely responsible for the Athenian invasion of Sicily, is at the time of conversation barely twenty years old. The young, handsome, and well-born Alcibiades of the dialogue is about to begin his political career and to address the Assembly for the first time (105a-b). He plans to advise the Athenians on the subject of peace and war, or some other important affair (107d). His ambitions are indeed extraordinary. He does not want just to display his worth before the people of Athens and become their leader, but to rule over Europe and Asia as well (105c). His dreams resemble that of the future Alexander the Great. His claim to rule is that he is the best. However, upon Socrates’ scrutiny, it becomes apparent that young Alcibiades knows neither what is just, nor what is advantageous, nor what is good, nor what is noble, beyond what he has learned from the crowd (110d-e, 117a). His world-view is based on unexamined opinions. He appears to be the worst type of ignorant person who pretends that he knows something but does not. Such ignorance in politics is the cause of mistakes and evils (118a). What is implied in the dialogue is that noble birth, beautiful looks, and even intelligence and power, without knowledge, do not give the title to rule. Ignorance, the condition of Alcibiades, is also the condition of the great majority of the people (118b-c). Nevertheless, Socrates promises to guide Alcibiades, so that he becomes excellent and renowned among the Greeks (124b-c). In the course of further conversation, it turns out that one who is truly the best does not only have knowledge of political things, rather than an opinion about them, but also knows one’s own self and is a beautiful soul. He or she is perfect in virtue. The riches of the world can be entrusted only to those who “take trouble over” themselves (128d), who look “toward what is divine and bright” (134d), and who following the supreme soul, God, the finest mirror of their own image (133c), strive to be as beautiful and wealthy in their souls as possible (123e, 131d). The best government can be founded only on beautiful and well-ordered souls.

In a few dialogues, such as Phaedo, the Republic, Phaedrus, Timaeus, and the Laws, Plato introduces his doctrine of the immortality of the soul. His ultimate answer to the question “Who am I?” is not an “egoistic animal” or an “independent variable,” as the twentieth century behavioral researcher blatantly might say, but an “immortal soul, corrupted by vice and purified by virtue, of whom the body is only an instrument” (129a-130c). Expert political knowledge for him should include not only knowledge of things out there, but also knowledge of oneself. This is because whoever is ignorant of himself will also be ignorant of others and of political things, and, therefore, will never be an expert politician (133e). Those who are ignorant will go wrong, moving from one misery to another (134a). For them history will be a tough teacher, but as long they do not recognize themselves and practice virtue, they will learn nothing. Plato’s good society is impossible without transcendence, without a link to the perfect being who is God, the true measure of all things. It is also impossible without an ongoing philosophical reflection on whom we truly are. Therefore, democracy would not be a good form of government for him unless, as it is proposed in the Laws, the element of freedom is mixed with the element of wisdom, which includes ultimate knowledge of the self. Unmixed and unchecked democracy, marked by the general permissiveness that spurs vices, makes people impious, and lets them forget about their true self, is only be the second worst in the rank of flawed regimes after tyranny headed by a vicious individual. This does not mean that Plato would support a theocratic government based on shallow religiosity and religious hypocrisy. There is no evidence for this. Freedom of speech, forming opinions and expressing them, which may be denied in theocracy, is a true value for Plato, along with wisdom. It is the basic requirement for philosophy. In shallow religiosity, like in atheism, there is ignorance and no knowledge of the self either. In Book II of the Republic, Plato criticizes the popular religious beliefs of the Athenians, who under the influence of Homer and Hesiod attribute vices to the gods and heroes (377d-383c). He tries to show that God is the perfect being, the purest and brightest, always the same, immortal and true, to whom we should look in order to know ourselves and become pure and virtuous (585b-e). God, and not human beings, is the measure of political order (Laws, 716c).

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7. Plato’s Achievement

Plato’s greatest achievement may be seen firstly in that he, in opposing the sophists, offered to decadent Athens, which had lost faith in her old religion, traditions, and customs, a means by which civilization and the city’s health could be restored: the recovery of order in both the polis and the soul.

The best, rational and righteous political order leads to the harmonious unity of a society and allows all the city’s parts to pursue happiness but not at the expense of others. The characteristics of a good political society, of which most people can say “it is mine” (462c), are described in the Republic by four virtues: justice, wisdom, moderation, and courage. Justice is the equity or fairness that grants each social group its due and ensures that each “does one’s own work” (433a). The three other virtues describe qualities of different social groups. Wisdom, which can be understood as the knowledge of the whole, including both knowledge of the self and political prudence, is the quality of the leadership (428e-429a). Courage is not merely military courage but primarily civic courage: the ability to preserve the right, law-inspired belief, and stand in defense of such values as friendship and freedom on which a good society is founded. It is the primary quality of the guardians (430b). Finally, moderation, a sense of the limits that bring peace and happiness to all, is the quality of all social classes. It expresses the mutual consent of both the governed and the rulers as to who should rule (431d-432a). The four virtues of the good society describe also the soul of a well-ordered individual. Its rational part, whose quality is wisdom, nurtured by fine words and learning, should together with the emotional or spirited part, cultivated by music and rhythm, rule over the volitional or appetitive part (442a). Under the leadership of the intellect, the soul must free itself from greed, lust, and other degrading vices, and direct itself to the divine. The liberation of the soul from vice is for Plato the ultimate task of humans on earth. Nobody can be wicked and happy (580a-c). Only a spiritually liberated individual, whose soul is beautiful and well ordered, can experience true happiness. Only a country ordered according to the principles of virtue can claim to have the best system of government.

Plato’s critique of democracy may be considered by modern readers as not applicable to liberal democracy today. Liberal democracies are not only founded on considerations of freedom and equality, but also include other elements, such as the rule of law, multiparty systems, periodic elections, and a professional civil service. Organized along the principle of separation of powers, today’s Western democracy resembles more a revised version of mixed government, with a degree of moderation and competence, rather than the highly unstable and unchecked Athenian democracy of the fourth and fifth century B.C.E., in which all governmental policies were directly determined by the often changing moods of the people. However, what still seems to be relevant in Plato’s political philosophy is that he reminds us of the moral and spiritual dimension of political life. He believes that virtue is the lifeblood of any good society.

Moved by extreme ambitions, the Athenians, like the mythological Atlantians described in the dialogue Critias, became infected by “wicked coveting and the pride of power” (121b). Like the drunken Alcibiades from the Symposium, who would swap “bronze for gold” and thus prove that he did not understand the Socratic teaching, they chose the “semblance of beauty,” the shining appearance of power and material wealth, rather than the “thing itself,” the being of perfection (Symposium, 218e). “To the seen eye they now began to seem foul, for they were losing the fairest bloom from their precious treasure, but to such who could not see the truly happy life, they would appear fair and blessed” (Critias, 121b). They were losing their virtuous souls, their virtue by which they could prove themselves to be worthy of preservation as a great nation. Racked by the selfish passions of greed and envy, they forfeited their conception of the right order. Their benevolence, the desire to do good, ceased. “Man and city are alike,” Plato claims (Republic, 577d). Humans without souls are hollow. Cities without virtue are rotten. To those who cannot see clearly they may look glorious but what appears bright is only exterior. To see clearly what is visible, the political world out there, Plato argues, one has first to perceive what is invisible but intelligible, the soul. One has to know oneself. Humans are immortal souls, he claims, and not just independent variables. They are often egoistic, but the divine element in them makes them more than mere animals. Friendship, freedom, justice, wisdom, courage, and moderation are the key values that define a good society based on virtue, which must be guarded against vice, war, and factionalism. To enjoy true happiness, humans must remain virtuous and remember God, the perfect being.

Plato’s achievement as a political philosopher may be seen in that he believed that there could be a body of knowledge whose attainment would make it possible to heal political problems, such as factionalism and the corruption of morals, which can bring a city to a decline. The doctrine of the harmony of interests, fairness as the basis of the best political order, the mixed constitution, the rule of law, the distinction between good and deviated forms of government, practical wisdom as the quality of good leadership, and the importance of virtue and transcendence for politics are the political ideas that can rightly be associated with Plato. They have profoundly influenced subsequent political thinkers.