Thursday Open Thread

“Never forget the power of silence, that massively disconcerting pause which goes on and on and may last induce an opponent to babble and backtrack nervously.”

–Lance Morrow

27 Community Comments, Facebook Comments

  1. DavidThi808DavidThi808 says:

    Boehner has basically said he can’t do anything so the Senate has to lead and send him something. (And I guess he then asks his caucus if they’ll vote for it.) I think he truly is stuck.

    Reid has said that he’s waiting for something from the House that the Dems can support. And McConnell is silent (from all indications not talking behind the scenes either).

    Se we’ve hit the debt limit (we’re now in the extraordinary measures part). Taxes are set to rise. And government spending is about to take a big hit.

    And it looks like Congress is so dysfunctional that this cannot be addressed. So what happens now?

  2. dwyer says:

    On the boyles show, today, petey announced that the President has the power to issue an executive order banning the manufacture, sale and possession of assault weapons, but he has refused to do so because Obama wants to attack the entire Second Amendment.

    This is, of course, total bullshit.  The President has no such authority.  But, no one is allowed to be on his show if they contradict what boyles says.  The question is:

    Is boyles senile or is he paid to spread total misinformation?

    I know, I know, Jason, boyles is your sometimes BFF.

  3. Libertad says:

    Sadly for many of you this just isnt fair, not fair to Gregory or NBC. Unintended consequences …. is the political class’s term for the pain you feel in this case.

    On the other hand it is troubling, the Gregory children attend the same school as the Obama’s. Thankfully it’s a very slim chance that any school policy addresses potential sanctions to the Gregory’s.

    However, a felony conviction is certainly something that might damage Mr. Gregory’s security profile among the political class. The following story seems to make it look much worse for Mr Gregory, clearly worse then even I suspected.

    The trouble with Gregory’s showing off the gun clip is that DC’s tough municipal code prohibits possession of “any large capacity ammunition feeding device, regardless of whether the device is attached to a firearm.”

    It carries a maximum penalty of one-year in prison. DC police said they warned NBC against using the ammo as a prop.

    “NBC contacted (the Metropolitan Police Department) inquiring if they could utilize a high capacity magazine for their segment,” police spokeswoman Gwendolyn Crump said.

    “NBC was informed that possession of a high capacity magazine is not permissible and their request was denied. This matter is currently being investigated.”

    NBC refused comment.

    http://www.nypost.com/p/entertainment/tv/gregory_gun_trouble_WXh9jzbCi20pDNQTeUcS4I

  4. VoyageurVoyageur says:

      From the Wikipedia:

    Mens rea is Latin for “guilty mind”.[1] In criminal law, it is viewed as one of the necessary elements of some crimes. The standard common law test of criminal liability is usually expressed in the Latin phrase, actus non facit reum nisi mens sit rea, which means “the act does not make a person guilty unless the mind is also guilty”. Thus, in jurisdictions with due process, there must be an actus reus accompanied by some level of mens rea to constitute the crime with which the defendant is charged (see the technical requirement of concurrence). As a general rule, criminal liability does not attach to a person who acted with the absence of mental fault. The exception is strict liability crimes.

    In civil law, it is usually not necessary to prove a subjective mental element to establish liability for breach of contract or tort, for example. However, if a tort is intentionally committed or a contract is intentionally breached, such intent may increase the scope of liability as well as the measure of damages payable to the plaintiff.

    Therefore, mens rea refers to the mental element of the offence that accompanies the actus reus. In some jurisdictions, the terms mens rea and actus reus have been replaced by alternative terminology. In Australia, for example, the elements of the federal offences are now designated as “fault elements” or “mental elements” (mens rea) and “physical elements” or “external elements” (actus reus). This terminology was adopted to replace the obscurity of the Latin terms with simple and accurate phrasing.[2]

  5. Libertad says:

    A month ago I didn’t think they’d fail to find a solution, now I’m prepared for the automated outcome of cuts and tax hikes. My biggest prsonal concern are my equities and higher taxes.

    What I’d really like to see is President Obama publicly  lead on something that’s viewed as a solution by even 60% of the people.

  6. dwyer says:

    He has not given any indication he will do that before the scheduled arrival of the newly elected House on January 3rd.

    Boehner could call the House into session and vote on the measures that the Senate has already sent him.  However, he would have to abandon trying to get a majority vote within his Republican caucus and just go for a majority vote of House Democrats and moderate Republicans.  This is what he has refused to do.

    This is why I said a week ago, today, that Boehner is in control of what will happen legislatively.  Nothing is happening legislatively because he does not want it to

    happen

  7. parsingreality says:

    Or, better.

    Check the polls.  Over 60% of those polled say that the taxes should go up on the richest and stay where they are for the rest of us.  (Full Disclosure: I don’t pay income taxes, having only SS for income.)

    Thank you, BTW, for a coherent posting w/o C&P, no less.  But, hey, prove me wrong.  Soon.  

  8. The President doesn’t even have the Constitutional power to introduce a bill into the House. Nonetheless, Obama has proposed several alternatives to Speaker Boehner, and the Speaker has put forward at least one of his own which failed to get the support of his caucus.

    Right now there is one single blockage to fixing this problem: Republicans in the House. And the public knows it. Democratic leadership approval in Congress is up to 45%; the President’s approval in handling the crisis is up to 54%. Republican approval? 26%

  9. rocco says:

    “My biggest concern are my equities and higher taxes”.

    The statement illuminates the fact you don’t have any idea where the two sides are in general, and where the President and the Democrats are in particular.

    If you’re initmating you’re in the top 2 percent, let’s call you a liar and get that out of the way.

    Equities?

    Name them, and do it now.

    As for your eliminating your mom’s mortgage deduction, that’s the plan romney and ryan had that fell through when they were smoked in the election held last November 6th.

    Fact is, under the Democratic House legislation Boehner refuses to allow a vote on, “your taxes” won’t go up.

    And, as pointed out by Parsing, the overwhelming majority want it voted on. Even copperheads like the goodies given the top 2 percent in the Senate version, Passed last summer and waiting to go through the redleg House.

    I should be gettin’ paid for baby sitting with you.

  10. AristotleAristotle says:

    that this results in any of the following?

    * no charges are brought

    * charges are brought but result in very minor misdemeanor plea

    * charges are brought, case goes to trial, Gregory is acquitted across the board

    Because I say all of that is hundreds of times more likely than a frickin’ felony conviction.

  11. ClubTwitty says:

    Won’t stop with the maximum.  One year is not enough is my bet.  I think 15 to life.  

    Anyone catch MSNBC on the weekends?  Yeah, that’s what I’m saying.  LOCK UP.  

     

  12. Duke Coxdukeco1 says:

    Sadly for many of you this just isnt fair, not fair to Gregory or NBC. Unintended consequences …. is the political class’s term for the pain you feel in this case.

    trying to somehow project concern about David Gregory upon we “libruls”, is about the lamest thing you have tried to do in a while.

    I don’t feel any pain and I am not sad. I am jubilant!! Obama is in the White House, the Republican party has its collective head in the shitter, the economy is steadily picking up steam, and the Broncos are in the playoffs…and you are pathetically trying to somehow bring grief into the hearts of emboldened Democrats everywhere….I have one word to describe your efforts…  FAIL.  

    It must really suck to be you.

    That is all.  

  13. Gray in Mountains says:

    and were I him I think that pleading guilty to a misdemeanor for this would look great on his resume. Next week he ought get LaPierre back on, have an AR, load that 30 round magazine and discharge every round. Into a chair

  14. dwyer says:

    Anyone who thinks Boehner is not in control of what is can happen legislatively has never dealt with a two year in a temper tantrum or a run away teenager.  it is the power of no.

    Boehner has options, he has just chosen not to exercise them.

  15. Duke Coxdukeco1 says:

    Guess what I have in my hand…  

  16. Duke Coxdukeco1 says:

    *in this case…n/t stands for …”not telling”.

  17. MADCO says:

    LaPierre can be the empty chair.

  18. VoyageurVoyageur says:

    not to mention the First Amendment.  If burning a flag is protected as speech, then displaying an empty 30 round magazine in an attempt to outlaw 30-round magazines is protected speech.  Aint gonna be no charges filed because there is clearly no criminal  intent.

  19. VanDammerVanDammer says:

    Orangeade is a weak, weak Speaker and he has et tu Cantor sharpening a blade.  

    They want to force US into default and try to blame Obama.  They want to force sequester and peg O with the blame (when it was the Super Committee brainiacs that thought that up).  

    They want to ding Obama for defunding Defense and the SSA cuts and anything else they can try to pack on. They’re deluded enough to think that no one is paying attention.  They’re wrong.

    Boehner’s leadership is to wait for others to make his decisions or force his moves.  He’s a coward.  He & his House GOPers will cover the airwaves with their lies of offered solutions and last ditch efforts.  There is little to no sweating coming from their side of the aisle so this plas along to their master plan.  Blame it on O, again.

  20. Serenitynow says:

    But the mens rea or “guilty mind” does not mean that he really had to have bad intentions.

    For example, if the criminal statute prohibits “knowingly possessing X firearm in the District of Columbia,” the mens rea is “knowingly.”  That is, he is required to have known he possessed the firearm.

    He won’t be charged because (1) it would be stupid (prosecutors have discretion to prosecute whatever they would like so long as they believe they can prove up the charges but also have the ability to decline to prosecute even when they could), (2) he may have cleared the prop with law enforcement ahead of time http://politicalticker.blogs.c… and (3) he may be able to raise a first amendment defense.

  21. VoyageurVoyageur says:

    “Thou shalt not fuck with major media!”

  22. Gray in Mountains says:

    but that is because profs really complicate it

    then there are statutes that do not include mens rea, those that are strict liability. I would assume that any assault weapons ban and mass murder magazine ban will be strict liability

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