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  • tzimisce commented on the blog post Narrative on Bin Laden Raid Collapses

    2011-05-05 06:27:44View | Delete

    can we please stop contemplating our navals and tuggin on our forlocks and get the focus back on endin’ the fuckin’ wars?

    Amen. For a second there I thought we were going to debate the number of angels that can dance on the head of a pin. He’s dead, I believe that he is dead, I don’t care if it was from lethal injection or a bullet to the face while he was on the john reading Terrorist Today (their special jihad edition). With that done, why are there 100k troops looking for 100-1000 AQ members in what could be the most expensive and counterproductive game of Wheres Waldo.

  • tzimisce commented on the blog post Narrative on Bin Laden Raid Collapses

    2011-05-05 05:59:58View | Delete

    “Forensic experts said when it came to DNA proof in the bin Laden case, the government was limited in how much information it could obtain. It did not have his parents’ DNA. The government couldn’t get a 100% DNA identification because it didn’t have a DNA profile on bin Laden or DNA from the number of relatives needed to reconstruct his DNA profile, such as his parents.

    Instead, it relied on DNA profiles of 50 half-siblings and maybe other distant relatives. With siblings, experts noted, there is only a likelihood that they’ll share some DNA. With half-siblings, it gets more convoluted.

    “Working through siblings, you can only go so far … but collectively, the more of them they have, the tighter the margin of error becomes,” said Cyril Wecht, past president of the American Academy of Forensic Sciences. He’s a forensic pathologist and attorney.

    Wecht, considered a leading forensic expert by the National Association of Criminal Defense Lawyers, said the government likely took extensive photographs of the body — dressed and undressed — and measured and weighed it. Any scars or birthmarks would have been noted. They may have taken dental impressions.

    For the DNA evidence, he said they likely took a cheek swab and skin and hair samples. Wecht also said they may have taken his fingerprints and items from the bathroom, things he would have touched.

    As far as Wecht is concerned, the government has provided enough scientific proof that bin Laden was killed by U.S. forces in a raid on his compound in Pakistan.”

    With a simple Google search I was able to find this via Detroit Free Press.

    TLDR — They used relatives, lots of them, because they didnt have his parents DNA, the match is not 100% because they have neither his DNA or his parents, but with so many samples the margin for error shrinks.

  • tzimisce commented on the blog post Narrative on Bin Laden Raid Collapses

    2011-05-05 05:50:29View | Delete

    I think you had to weigh the intelligence value of OBL versus the logistical problems of capture. Where do you hold OBL? If you actually want to try him, where/how? If we can’t actually promise due process for the smaller fish what about the big guy himself? Not to mention that he already admitted to 9-11, which while not a formal plea of guilt, is enough for me in this case.

    Though the fact that he was living in relative seclusion, with people briefing him about whatever missions they had, it would seem to me that he was probably a little behind on the curve versus other targets. Additionally, the navy seal team did manage to confiscate hard drives, flash drives, and other electronic devices with information on them. Keep in mind that AQ in the region has been put between 100-1000 people, which is not a large organization at all. If we want intelligence on AQ the source now is suggested to be Yemen and not Afghanistan (note that’s not an endorsement for yet another invasion).

  • No that only applies when the plaintiff is otherwise powerless and because of lack of government regulation or enforcement had their lives crippled as a result. Some dude going out the wrong door in order to try and be a victim and stir the pot is exactly the kind of person that needs protecting.

  • Oh but he has a tort claim too!! For which I had to post the standard.

  • Oh yeah you have 4 points, also the elements are parsed out into four points, but many of your points are either tangential or go just intent as a point. Maybe 1) Intent then “a-z” for your subheadings.

  • As the plaintiff you would have the preponderance of the evidence standard.

    Why do I have to post all the actual legal terms of art? Btw i recognized the possible tort action in post #75. Also, you are making a lot of assertions with regards to a statement of fact but do not offer a link nor a citation.

    While false imprisonment does not have an element for damages, there are no physical damages. Can you tell me what he would have to do next?

  • Pretty much. The thing is they would want to keep truancy laws in place at least to force people into the crappy for profit schools so that they can make more money.

    I love how 50k average pay w/ 25k in benefits for people with graduate and above level education is somehow unreasonable. Maybe we could get people with as little as 2 year degrees, no certification and pay them a whopping 20k and no benefits. I really want that person near my children.

  • Actually you would have to prove those elements beyond a reasonable doubt, not me disprove an element.

  • PSS

    WS sec. 940.30 is the criminal statute and is as follows:

    “Whoever intentionally confines or restrains another without the person’s consent and with knowledge that he or she has no lawful authority to do so is guilty of a Class H felony.”

    I think you have an intent problem. This is not a specific intent crime, but peacefully being in a place where you lawfully have a right to be is hardly any kind of intent. Not to mention that once the crowd was organized to move, it cooperated.

  • I like that you didn’t actually parse the elements out for me, nor did you post the Wisconsin law on false imprisonment, but rather a more generalized dictionary.

    General elements by the by:

    1) Intent to confine
    2) To a bounded area
    3) Without justification; or
    4) Consent

  • That would require posting the elements to the crime/tort, and then walking the facts through those elements and then analyzing the defenses. But I don’t think you can do that if you copy/paste talking points.

  • How? He had a reasonable means of escape, as evidenced by his colleges being able to get out and the Democratic Representative helping him out. Just because you are inconvenienced does not mean you were falsely imprisoned. Can he not go through the crowd at all? You need a lot more evidence then what is presented to level that charge.

  • And of course exempt many of those “institutions” from testing or forms of local school board control, so that they can pay teachers shit, have terrible results and oh yeah some how cost more.

  • I wondered whether or not this was

    1) an attack on intellectualism; or

    2) An attempt to defund, defame and destroy the public education system in order to give rise to more for-profit and quasi private/public institutions so that once again billionaires can rake in money from the government and provide a much worse product.

    For right now my money is on #2.

  • This union = thug meme is wearing thin. I guess the right does not realize that these are government unions, and therefore most likely filled with professionals. That is of course not to say that tradeskill unions are somehow thuggish, but it is a bridge to far to say that Mrs. Smith that teaches 1st grade is somehow akin to Tony Soprano.

    Anything to create a meme, create “evidence” and then point to those apparitions as proof that you are right.

  • The trolls are back! This blog is usually troll free so I’m guessing that this issue is of some import to those that pay people to troll or maybe FDL got a derisive link from some rightwing website.

  • There is no progressive that doesn’t fit comfortably under the Obama bus. I’m sorry what makes the President think he can write this check that he so clearly can’t cash? FDR was a better president than you, in fact he is number one or two in the nations history. Call me in a few years when you have — you know — done something.

  • Nice imagery there.

  • He should just make a statement (which he did) and leave it at that, but make sure to let the MSM and Paul battle this mess out. No need to go in and attack yourself, especially after that Aqua Buddha mess.

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