[Peace-discussion] FW: The vote and the text of the 3 strikes legislation supported by Cynthia McKinney - links to Top SF Green Endorsing Obama

Tue, 13 May 2008 08:38:56 -0700

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SF Green SF Supervisor and the moderator who didn't want Ralph to make the
money pitch at the debate, Ross Mirkarimi and unnamed other SF greens
endorse Obama.

http://www.sfgate.com/cgi-bin/article.cgi?f=/c/a/2008/02/29/MNFCVATTD.DTL

For the actual vote on the federal 3 strike legislation below which the
democrats voted yes on including Cynthia McKinney who spoke eloquently in
favor her vote is linked here where the vote was 235 with Cynthia McKinney
and Bill Clinton, and 200 not voting yes [majority republicans with notable
democrats and independents]

http://projects.washingtonpost.com/congress/members/m000523/votes/page61/

*  Bill: H R 3355
<http://projects.washingtonpost.com/congress/103/bills/h_r_3355/>  

*  Vote description: Crime Control and Prevention 

*  Vote type: Recorded Vote (Help
<http://projects.washingtonpost.com/congress/103/house/2/votes/416/> )

A standard vote that requires a simple majority for approval or passage of
the legislation.

*  Result: Passed, 235-195, with 5 not voting. 

Truth is I find legislation research tedious and appreciate if others could
do it. A great resource I have found in terms of health policy and, as I
have promoted to our media committee before -- veteran healthcare policy is
www.thomas.loc.gov <http://www.thomas.loc.gov/>

Additionally I have continuously tried to be clear that while I point out
important - I think very important - FACTS about McKinney's record on 3
strikes and the Authorization of the US War Against Afghanistan, I am not
opposed to her per se. Her, Obama, Mr Ritter arms inspector, Jimmy Carter,
former top commander of Central Command Admiral Fallon.. All of these folks
have different and key roles to play in a movement for green values, for
peace and social justice. They however are in fact historically linked -
take Jimmy Carter - to horrible blood and violence as Carter was the US
President to re-instate and then exponentially escalate US Military aid to
the Junta of El Salvador after the 4 north American nuns had been murdered
at a time when death squads were killing thousands of labor, peasant,
student, and civilian politicians and professionals every month!!!!

I care about these silenced voices and these violent murders, and Cynthia
McKinney does too. I happen to think that Nader and Gonzalez are the most
effective way to build the green party and the values which the green party
has written down.

Cobb cost us ballot access and green party growth 4 years ago, we must ask
McKinney what she will do to re-build and heal the green party while she is
in graduate school at UC Berkeley. Where is her national campaign? The
people in Colorado planning a shadow convention had not heard zip from her
campaign as of last week, and I have seen very little from her talking about
why people should not vote for Barrack Obama.

Meanwhile the most powerful voices in the national green party - Brent
McMillan and his entire steering committee are promoting McKinney who lost
by far the popular vote of voting greens, and some of these - Ross Mirkarimi
have openly moved from McKinney to endorsing Barrack Obama.

Appreciate the concern and commitment, but we must be brave, honest, and
truthful,

We have rights beyond paper, ink, and chains of violence, to defend
ourselves, our earth, our people.

Henry

Co-Chair OC Greens / CODO Verde

CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/ or legally privileged information. It is solely for the
use of the intended recipient (s) . Unauthorized interception, review, use
or disclosure is prohibited and may violate applicable laws including
Electronic Communication Privacy Act. If you are not the intended recipient,
please contact the sender and destroy all copies of the communication.

  _____  

From: henry duke [mailto:henryduke2004@yahoo.com] 
Sent: Monday, May 12, 2008 8:40 PM
To: 'GPUS_FreeSpeech@yahoogroups.com'
Cc: 'GPAX Discussion List'
Subject: The vote and the text of the 3 strikes legislation supported by
Cynthia McKinney

To Drew Johnson and the Many McKinney Supporters Attacking the Veracity of
my Statements or Begging Me to Leave Our Party Because The Truth Disturbs
Them, 

I remind you I am a very busy physician and have been drawn into such
pettiness because you perseverate on implying I am making things up or
making innuendo.

For the record I appreciate McKinney as I do many "big people" who while
imperfect are important and valuable people for our peace and justice
movement. Let us not however lie for them and imply that they were never
promoting 3 strikes or that they were not one of many congress folks, like
even Dennis Kucinich who I also appreciate - that voted against Barbara Lee
to authorize the invasion and occupation of Afghanistan.

Fact One: Ross Mirkarami did endorse Barrack Obama after being the highest
elected green in California previously promoting Cynthia McKinney and
opposing her to Ralph Nader.

Fact Two: on vote 416 Cynthia McKinney voted for this death penalty federal
3 strikes law which web site is below and where you can read very clearly
how it is pro-death penalty including for minors and that it mandates life
sentences even if one of the 3 strikes was not a violent crime.

http://thomas.loc.gov/cgi-bin/bdquery/z?d103:h.r.3355:

Drew Johnson can keep lying and using lies to bully me so he can be an
unchallenged oppressor of those of us who speak up for the silenced, I beg
you sire, you are so super smart, so super compassionate, please cease and
desist from your personal vendetta against me. I am not trying to silence
you or your anti-Nader or pro-mcKinney or pro-Obama greens. We must tolerate
and respect, but we must also not censor facts and truths lest we co-sign
once again the pathological violence the corporate system is based on.

H.R.3355 
Title: To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
allow grants to increase police presence, to expand and improve cooperative
efforts between law enforcement agencies and members of the community to
address crime and disorder problems, and otherwise to enhance public safety.

Sponsor: Rep
<http://thomas.loc.gov/cgi-bin/bdquery/?&Db=d103&querybd=@FIELD%28FLD003+@4%
28%28@1%28Rep+Brooks++Jack+B.%29%29+00127%29%29>  Brooks, Jack B. [TX-9]
(introduced 10/26/1993)      Cosponsors
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR03355:@@@P>  (2) 
Related Bills: H.RES.517
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00517:> , H.RES.522
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00522:> , H.RES.526
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00526:> , H.R.4092
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR04092:> , S.1607
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:SN01607:>  
Latest Major Action: 9/13/1994 Became Public Law No: 103-322.

  _____  

SUMMARY AS OF: 
8/21/1994--Conference report filed in House. (There are 4 other
<http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR03355:@@@D&summ1&>
summaries)

Title VI: Death Penalty - Federal Death Penalty Act of 1994 - Amends the
Federal criminal code to provide for the imposition of the death penalty for
specified drug-related offenses committed as part of a continuing criminal
enterprise, for treason or espionage, and for specified other offenses for
which the death sentence is provided if a defendant intentionally: (1)
killed the victim; (2) inflicted serious bodily injury resulting in death;
(3) participated in an act contemplating that the life of a person would be
taken or intending that lethal force would be used and the victim died as a
direct result; or (4) and specifically engaged in an act of violence,
knowing that the act created a grave risk of death and thus constituted a
reckless disregard for human life, and the victim died as a direct result of
the act. 

Sets forth provisions regarding: (1) mitigating and aggravating factors to
be considered in determining whether a sentence of death is justified,
including aggravating factors for a drug offense death penalty; (2) the
conduct of a special hearing to make such determination; (3) procedures for
the imposition, review, and implementation of such sentence; (4) use of
State facilities to carry out such sentence; and (5) special provisions for
Indian country. 

(Sec. 60003) Authorizes the death penalty for various offenses, including,
where death results: (1) hostage taking; (2) murder for hire; (3)
racketeering; (4) genocide; (5) carjacking; (6) rape and child molestation
murders; (7) sexual exploitation of children; (8) homicides involving
firearms in Federal facilities; (9) murder of Federal witnesses; (10)
foreign murder of U.S. nationals; (11) civil rights murders; (12) murder by
a Federal prisoner, or by escaped prisoners; (13) drive-by shootings; (14)
gun murders during Federal crimes of violence and drug trafficking crimes;
(15) murder of State or local officials assisting Federal law enforcement
officials and State correctional officers;(16) use of weapons of mass
destruction; (17) violence at international airports; (18) violence against
maritime navigation or fixed platforms; (19) torture; and (20) kidnapping. 

(Sec. 60016) Repeals a limitation on the fine for influencing or injuring a
court officer, grand juror, or petit juror. Sets penalties for the killing
and attempted killing of such individuals. 

(Sec. 60017) Prohibits and sets penalties for retaliatory killings of
witnesses, victims, and informants. 

(Sec. 60024) Enhances penalties for alien smuggling. 

(Sec. 60025) Makes an exception to the requirement that the court furnish to
a defendant a list of the veniremen and witnesses if the court finds by a
preponderance of the evidence that providing the list may jeopardize the
life or safety of any person. 

(Sec. 60026) Revises provisions regarding the appointment of counsel in
capital cases. Requires the court: (1) to promptly, upon the defendant's
request, assign two counsel of whom at least one shall be learned in the law
applicable to capital cases and who shall have free access to the accused at
all reasonable hours; and (2) in assigning counsel, to consider the
recommendation of the Federal Public Defender organization or, if no such
organization exists in the district, the Administrative Office. 

Title VII: Mandatory Life Imprisonment for Persons Convicted of Certain
Felonies - Requires that a person convicted in a court of the United States
of a serious violent felony be sentenced to life imprisonment if: (1) the
person has been convicted on separate prior occasions in a Federal or State
court of two or more serious violent felonies, or of one or more serious
violent felonies and one or more serious drug offenses; and (2) each serious
violent felony or serious drug offense used as a basis for sentencing under
such provision, other than the first, was committed after the defendant's
conviction of the preceding serious violent felony or serious drug offense. 

(Sec. 70002) Limits the authority of a court to modify an imposed term of
imprisonment to include a requirement that the defendant be at least age 70
and have served at least 30 years in prison for the offense or offenses for
which the defendant is currently imprisoned, and that a determination has
been made by the Director of the Bureau of Prisons that the defendant is not
a danger to the safety of any other person or the community. 

Title VIII: Applicability of Mandatory Minimum Penalties in Certain Cases -
Amends the Federal criminal code to require the court to impose a sentencing
for specified drug-related offenses pursuant to Sentencing Commission
guidelines and without regard to any statutory minimum sentence, if the
court finds, after the Government has been afforded the opportunity to make
recommendation, that: (1) the defendant does not have more than one criminal
history point and did not use violence or credible threats of violence or
possess a firearm or other dangerous weapon (or induce another participant
to do so) in connection with the offense; (2) the offense did to result in
death or serious bodily injury to any person; (3) the defendant was not an
organizer, leader, manager, or supervisor of others in the offense and was
not engaged in a continuing criminal enterprise; and (4) the defendant has
truthfully provided to the Government all information and evidence the
defendant has concerning the offense (but the fact that the defendant has no
relevant or useful other information to provide or that Government is
already aware of the information shall not preclude a determination by the
court that the defendant has complied with this requirement). 

Specifies that, in the case of a defendant for whom the statutorily required
minimum sentence is five years, sentencing guidelines shall call for a range
in which the lowest term of imprisonment is at least 24 months. 

Title IX: Drug Control - Subtitle A: Enhanced Penalties and General
Provisions - Amends the Federal criminal code to enhance penalties for drug
trafficking in Federal prisons. 

(Sec. 90102) Directs the Sentencing Commission to amend its sentencing
guidelines to appropriately enhance the penalties for drug-dealing in
"drug-free" zones and for illegal drug use in, and smuggling drugs into,
Federal prisons. 

(Sec. 90106) Prohibits advertising which aims to illegally solicit or sell
drugs. 

(Sec. 90107) Authorizes the President, if a major violent crime or
drug-related emergency (i.e., where violent crime or drug smuggling,
trafficking, or abuse reaches such levels that Federal assistance is needed
to supplement State and local efforts and capabilities to save lives and
protect property, public health, and safety) exists in a State (including
the District of Columbia and specified U.S. territories), to declare such
State or part of a State to be a violent crime or drug emergency area and to
take action to alleviate the emergency. Sets forth provisions regarding
procedures and requirements for declaration of an emergency, irrelevancy of
population density in determining whether an emergency exist, and forms and
duration of Federal assistance. 

Subtitle B: National Narcotics Leadership Act Amendments - Amends the
National Narcotics Leadership Act of 1988 to require the Director of
National Drug Control Policy to request the head of a department or agency
to include in its budget submission to the Office of Management and Budget
funding requests for specific initiatives. Directs each agency to comply
with such request. 

Requires the Director to provide, by July 1 of each year, budget
recommendations to the heads of departments and agencies with
responsibilities under the National Drug Control Program, which shall apply
to the second following fiscal year and address funding priorities developed
in the annual National Drug Control Strategy (Strategy). 

Revises such Act with respect to the use of temporary detail personnel. Sets
forth further provisions regarding the control of drug-related resources,
funds control notices, and certification of the adequacy of the budget
request. 

(Sec. 90202) Prohibits a Federal officer in the Office of National Drug
Control Policy (Office) who is appointed by the President, by and with the
advice and consent of the Senate, from participating in Federal election
campaign activities, except for making contributions to individual
candidates. 

(Sec. 90203) Requires the Director to include in each evaluation of the
effectiveness of Federal drug control during the preceding year which is
submitted with each Strategy, assessments of the reduction of drug use, drug
availability, and the consequences of drug use and availability and a
determination of the status of drug treatment in the United States. Sets
forth additional requirements, including assessments of the quality of
current drug use measurement instruments and techniques and identification
of specific factors that restrict the availability of treatment services. 

(Sec. 90204) Requires the Director of: (1) National Drug Control Policy to
examine addiction and rehabilitation research and the application of
technology to expanding the effectiveness or availability of drug treatment;
and (2) the Advanced Research Project Agency to render assistance and
support to the Office and its Director. 

(Sec. 90205) Revises provisions regarding deposits into the Special
Forfeiture Fund and transfers from DOJ's Assets Forfeiture Fund and the
Department of the Treasury Forfeiture Fund. 

Amends the Asset Forfeiture Amendments Act of 1988 to provide for the use of
certain unobligated balances remaining in the Special Forfeiture Fund for
drug control activities of any Federal agency or State or local entity with
responsibilities under the Strategy, subject to advance written approval of
the House and Senate Appropriations Committees. 

(Sec. 90206) Authorizes appropriations. 

(Sec. 90207) Authorizes the Director to appoint up to 75 and such additional
officers and employees as necessary to carry out functions of the Office. 

(Sec. 90208) Terminates the Office on September 30, 1997. 

Hank

CONFIDENTIALITY NOTICE: This communication with its contents may contain
confidential and/ or legally privileged information. It is solely for the
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Electronic Communication Privacy Act. If you are not the intended recipient,
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<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'>SF Green SF Supervisor and the =
moderator
who didn&#8217;t want Ralph to make the money pitch at the debate, Ross
Mirkarimi and unnamed other SF greens endorse =
Obama.<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><a
href=3D"http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2008/02/29/MNF=
CVATTD.DTL">http://www.sfgate.com/cgi-bin/article.cgi?f=3D/c/a/2008/02/29=
/MNFCVATTD.DTL</a><o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'>For the actual vote on the federal =
3
strike legislation below which the democrats voted yes on including =
Cynthia
McKinney who spoke eloquently in favor her vote is linked here where the =
vote
was 235 with Cynthia McKinney and Bill Clinton, and 200 not voting yes =
[majority
republicans with notable democrats and =
independents]<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><a
href=3D"http://projects.washingtonpost.com/congress/members/m000523/votes=
/page61/">http://projects.washingtonpost.com/congress/members/m000523/vot=
es/page61/</a><o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 color=3Dnavy face=3DArial><span =
style=3D'font-size:
10.0pt;font-family:Arial;color:navy'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3DSymbol><span =
style=3D'font-size:12.0pt;
font-family:Symbol'>&middot;</span></font>&nbsp; <strong><b><font
face=3D"Times New Roman">Bill:</font></b></strong> <a
href=3D"http://projects.washingtonpost.com/congress/103/bills/h_r_3355/">=
H R 3355</a>
<o:p></o:p></p>

<p class=3DMsoNormal><font size=3D3 face=3DSymbol><span =
style=3D'font-size:12.0pt;
font-family:Symbol'>&middot;</span></font>&nbsp; <strong><b><font
face=3D"Times New Roman">Vote description:</font></b></strong> Crime =
Control and
Prevention <o:p></o:p></p>

<p class=3DMsoNormal><font size=3D3 face=3DSymbol><span =
style=3D'font-size:12.0pt;
font-family:Symbol'>&middot;</span></font>&nbsp; <strong><b><font
face=3D"Times New Roman">Vote type:</font></b></strong> Recorded Vote =
<font
size=3D2><span style=3D'font-size:10.0pt'>(<a
href=3D"http://projects.washingtonpost.com/congress/103/house/2/votes/416=
/">Help</a>)</span></font><o:p></o:p></p>

<p class=3DMsoNormal><font size=3D3 color=3D"#666666" face=3D"Times New =
Roman"><span
style=3D'font-size:12.0pt;color:#666666;display:none'>A standard vote =
that
requires a simple majority for approval or passage of the =
legislation.<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3DSymbol><span =
style=3D'font-size:12.0pt;
font-family:Symbol'>&middot;</span></font>&nbsp; <strong><b><font
face=3D"Times New Roman">Result:</font></b></strong> Passed, 235-195, =
with 5 not
voting. <o:p></o:p></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

Truth is I find legislation research tedious and appreciate if =
others
could do it. A great resource I have found in terms of health policy =
and, as I
have promoted to our media committee before -- veteran healthcare policy =
is <a
href=3D"http://www.thomas.loc.gov/">www.thomas.loc.gov</a><o:p></o:p></sp=
an>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

Additionally I have continuously tried to be clear that while I =
point
out important &#8211; I think very important &#8211; FACTS about =
<st1:City
w:st=3D"on"><st1:place =
w:st=3D"on">McKinney</st1:place></st1:City>&#8217;s record
on 3 strikes and the Authorization of the US War Against Afghanistan, I =
am not
opposed to her per se. Her, Obama, Mr Ritter arms inspector, Jimmy =
Carter, former
top commander of Central Command Admiral Fallon&#8230;. All of these =
folks have
different and key roles to play in a movement for green values, for =
peace and
social justice. They however are in fact historically linked &#8211; =
take Jimmy
Carter &#8211; to horrible blood and violence as Carter was the US =
President to
re-instate and then exponentially escalate US Military aid to the Junta =
of El
Salvador after the 4 north American nuns had been murdered at a time =
when death
squads were killing thousands of labor, peasant, student, and civilian
politicians and professionals every =
month!!!!<o:p></o:p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

I care about these silenced voices and these violent murders, =
and
Cynthia McKinney does too. I happen to think that Nader and Gonzalez are =
the
most effective way to build the green party and the values which the =
green
party has written down.<o:p></o:p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

Cobb cost us ballot access and green party growth 4 years ago, =
we must
ask <st1:City w:st=3D"on"><st1:place =
w:st=3D"on">McKinney</st1:place></st1:City>
what she will do to re-build and heal the green party while she is in =
graduate
school at UC Berkeley. Where is her national campaign? The people in =
<st1:State
w:st=3D"on"><st1:place w:st=3D"on">Colorado</st1:place></st1:State> =
planning a
shadow convention had not heard zip from her campaign as of last week, =
and I
have seen very little from her talking about why people should not vote =
for
Barrack Obama.<o:p></o:p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>Meanwhile the most powerful voices in the national green party =
&#8211;
Brent McMillan and his entire steering committee are promoting <st1:City =
w:st=3D"on">McKinney</st1:City>
who lost by far the popular vote of voting greens, and some of these =
&#8211;
Ross Mirkarimi have openly moved from <st1:City w:st=3D"on"><st1:place =
w:st=3D"on">McKinney</st1:place></st1:City>
to endorsing Barrack Obama.<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>Appreciate the concern and commitment, but we must be brave, =
honest,
and truthful,<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>We have rights beyond paper, ink, and chains of violence, to =
defend
ourselves, our earth, our people.<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>Henry<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'>Co-Chair OC Greens / CODO Verde<font color=3Dnavy><span =
style=3D'color:
navy'><o:p></o:p></span></font></span></font></p>

<div>

CONFIDENTIALITY NOTICE: This =
communication with
its contents may contain confidential and/ or legally privileged =
information.
It is solely for the use of the intended recipient (s) . Unauthorized
interception, review, use or disclosure is prohibited and may violate
applicable laws including Electronic Communication Privacy Act. If you =
are not
the intended recipient, please contact the sender and destroy all copies =
of the
communication.<o:p></o:p>

</div>

<div>

<div class=3DMsoNormal align=3Dcenter style=3D'text-align:center'><font =
size=3D3
face=3D"Times New Roman"><span style=3D'font-size:12.0pt'>

<hr size=3D2 width=3D"100%" align=3Dcenter tabindex=3D-1>

</span></font></div>

<p class=3DMsoNormal><b><font size=3D2 face=3DTahoma><span =
style=3D'font-size:10.0pt;
font-family:Tahoma;font-weight:bold'>From:</span></font></b><font =
size=3D2
face=3DTahoma><span style=3D'font-size:10.0pt;font-family:Tahoma'> henry =
duke
[mailto:henryduke2004@yahoo.com] <br>
<b><span style=3D'font-weight:bold'>Sent:</span></b> Monday, May 12, =
2008 8:40 PM<br>
<b><span style=3D'font-weight:bold'>To:</span></b> =
'GPUS_FreeSpeech@yahoogroups.com'<br>
<b><span style=3D'font-weight:bold'>Cc:</span></b> 'GPAX Discussion =
List'<br>
<b><span style=3D'font-weight:bold'>Subject:</span></b> The vote and the =
text of
the 3 strikes legislation supported by Cynthia =
McKinney</span></font><o:p></o:p></p>

</div>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'>To Drew Johnson and the Many =
<st1:place
w:st=3D"on"><st1:City w:st=3D"on">McKinney</st1:City></st1:place> =
Supporters
Attacking the Veracity of my Statements or Begging Me to Leave Our Party
Because The Truth Disturbs Them, <font color=3Dnavy><span =
style=3D'color:navy'><o:p></o:p></span></font></span></font></b></p>

<p class=3DMsoNormal><b><font size=3D2 color=3Dnavy face=3DArial><span
style=3D'font-size:10.0pt;font-family:Arial;color:navy;font-weight:bold'>=
<o:p>&nbsp;</o:p></span></font></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'>I remind you I am a very =
busy
physician and have been drawn into such pettiness because <font =
color=3Dnavy><span
style=3D'color:navy'>you</span></font> perseverate on implying I am =
making things
up or making innuendo.<o:p></o:p></span></font></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

For the record I appreciate =
<st1:place
w:st=3D"on"><st1:City w:st=3D"on">McKinney</st1:City></st1:place> as I =
do many
&#8220;big people&#8221; who while imperfect are important and valuable =
people
for our peace and justice movement. Let us not however lie for them and imply =
that they
were never promoting 3 strikes or that they were not one of many =
congress
folks, like even Dennis Kucinich who I also appreciate &#8211; that =
voted
against Barbara Lee to authorize the invasion and occupation of =
Afghanistan.<o:p></o:p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'>Fact One: Ross Mirkarami did =
endorse
Barrack Obama after being the highest elected green in <st1:place =
w:st=3D"on"><st1:State
 w:st=3D"on">California</st1:State></st1:place> previously promoting =
Cynthia
McKinney and opposing her to Ralph =
Nader.<o:p></o:p></span></font></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'>Fact Two: on vote 416 =
Cynthia
McKinney voted for this death penalty federal 3 strikes law which web =
site is
below and where you can read very clearly how it is pro-death penalty =
including
for minors and that it mandates life sentences even if one of the 3 =
strikes was
not a violent crime.<o:p></o:p></span></font></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:h.r.3355">http://tho=
mas.loc.gov/cgi-bin/bdquery/z?d103:h.r.3355</a>:<o:p></o:p></span></font>=
</b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

Drew Johnson can keep lying =
and using
lies to bully me so he can be an unchallenged oppressor of those of us =
who
speak up for the silenced, I beg you sire, you are so super smart, so =
super
compassionate, please cease and desist from your personal vendetta =
against me.
I am not trying to silence you or your anti-Nader or pro-mcKinney or =
pro-Obama
greens. We must tolerate and respect, but we must also not censor facts =
and
truths lest we co-sign once again the pathological violence the =
corporate
system is based on.<o:p></o:p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

<p class=3DMsoNormal><b><font size=3D3 face=3D"Times New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'><o:p>&nbsp;</o:p></span></fon=
t></b></p>

H.R.3355 =
 
Title: To amend the =
Omnibus Crime
Control and Safe Streets Act of 1968 to allow grants to increase police
presence, to expand and improve cooperative efforts between law =
enforcement
agencies and members of the community to address crime and disorder =
problems,
and otherwise to enhance public safety. 
Sponsor: <a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/?&amp;Db=3Dd103&amp;querybd=
=3D@FIELD%28FLD003+@4%28%28@1%28Rep+Brooks++Jack+B.%29%29+00127%29%29">Re=
p
Brooks, Jack B.</a> [TX-9] (introduced 10/26/1993)
&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;<a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR03355:@@@P">Cospon=
sors</a>
(2) 
Related Bills: <a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00517:">H.RES.517<=
/a>,&nbsp;<a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00522:">H.RES.522<=
/a>,&nbsp;<a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HE00526:">H.RES.526<=
/a>,&nbsp;<a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR04092:">H.R.4092</=
a>,&nbsp;<a
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:SN01607:">S.1607</a>=
 
Latest Major Action: =
9/13/1994
Became Public Law No: 103-322.<o:p></o:p>

<div class=3DMsoNormal align=3Dcenter style=3D'text-align:center'><font =
size=3D3
face=3D"Times New Roman"><span style=3D'font-size:12.0pt'>

<hr size=3D2 width=3D"100%" align=3Dcenter>

</span></font></div>

<p class=3DMsoNormal><a name=3Dsummary><b><font size=3D3 face=3D"Times =
New Roman"><span
style=3D'font-size:12.0pt;font-weight:bold'>SUMMARY AS =
OF:</span></font></b></a> <br>
8/21/1994--Conference report filed in =
House.&nbsp;&nbsp;&nbsp;&nbsp;(There are
4 <a =
href=3D"http://thomas.loc.gov/cgi-bin/bdquery/z?d103:HR03355:@@@D&amp;sum=
m1&amp;">other
summaries</a>) <o:p></o:p></p>

Title VI: Death Penalty - Federal =
Death
Penalty Act of 1994 - Amends the Federal criminal code to provide for =
the
imposition of the death penalty for specified drug-related offenses =
committed
as part of a continuing criminal enterprise, for treason or espionage, =
and for
specified other offenses for which the death sentence is provided if a
defendant intentionally: (1) killed the victim; (2) inflicted serious =
bodily
injury resulting in death; (3) participated in an act contemplating that =
the
life of a person would be taken or intending that lethal force would be =
used
and the victim died as a direct result; or (4) and specifically engaged =
in an
act of violence, knowing that the act created a grave risk of death and =
thus
constituted a reckless disregard for human life, and the victim died as =
a
direct result of the act. <o:p></o:p>

Sets
forth provisions regarding: (1) mitigating and aggravating factors to be
considered in determining whether a sentence of death is justified, =
including
aggravating factors for a drug offense death penalty; (2) the conduct of =
a
special hearing to make such determination; (3) procedures for the =
imposition,
review, and implementation of such sentence; (4) use of State facilities =
to
carry out such sentence; and (5) special provisions for Indian country. =
<o:p></o:p>

(Sec.
60003) Authorizes the death penalty for various offenses, including, =
where
death results: (1) hostage taking; (2) murder for hire; (3) =
racketeering; (4)
genocide; (5) carjacking; (6) rape and child molestation murders; (7) =
sexual
exploitation of children; (8) homicides involving firearms in Federal
facilities; (9) murder of Federal witnesses; (10) foreign murder of U.S.
nationals; (11) civil rights murders; (12) murder by a Federal prisoner, =
or by
escaped prisoners; (13) drive-by shootings; (14) gun murders during =
Federal
crimes of violence and drug trafficking crimes; (15) murder of State or =
local
officials assisting Federal law enforcement officials and State =
correctional
officers;(16) use of weapons of mass destruction; (17) violence at
international airports; (18) violence against maritime navigation or =
fixed
platforms; (19) torture; and (20) kidnapping. =
<o:p></o:p>

(Sec.
60016) Repeals a limitation on the fine for influencing or injuring a =
court
officer, grand juror, or petit juror. Sets penalties for the killing and
attempted killing of such individuals. <o:p></o:p>

(Sec.
60017) Prohibits and sets penalties for retaliatory killings of =
witnesses,
victims, and informants. <o:p></o:p>

(Sec.
60024) Enhances penalties for alien smuggling. =
<o:p></o:p>

(Sec.
60025) Makes an exception to the requirement that the court furnish to a
defendant a list of the veniremen and witnesses if the court finds by a
preponderance of the evidence that providing the list may jeopardize the =
life
or safety of any person. <o:p></o:p>

(Sec.
60026) Revises provisions regarding the appointment of counsel in =
capital
cases. Requires the court: (1) to promptly, upon the defendant's =
request,
assign two counsel of whom at least one shall be learned in the law =
applicable
to capital cases and who shall have free access to the accused at all
reasonable hours; and (2) in assigning counsel, to consider the =
recommendation
of the Federal Public Defender organization or, if no such organization =
exists
in the district, the Administrative Office. =
<o:p></o:p>

Title VII: Mandatory Life Imprisonment for Persons =
Convicted
of Certain Felonies - Requires that a person convicted =
in a
court of the United States of a serious violent felony be sentenced to =
life
imprisonment if: (1) the person has been convicted on separate prior =
occasions
in a Federal or State court of two or more serious violent felonies, or =
of one
or more serious violent felonies and one or more serious drug offenses; =
and (2)
each serious violent felony or serious drug offense used as a basis for =
sentencing
under such provision, other than the first, was committed after the =
defendant's
conviction of the preceding serious violent felony or serious drug =
offense. <o:p></o:p>

(Sec.
70002) Limits the authority of a court to modify an imposed term of =
imprisonment
to include a requirement that the defendant be at least age 70 and have =
served
at least 30 years in prison for the offense or offenses for which the =
defendant
is currently imprisoned, and that a determination has been made by the =
Director
of the Bureau of Prisons that the defendant is not a danger to the =
safety of
any other person or the community. <o:p></o:p>

Title VIII: Applicability of Mandatory Minimum =
Penalties in
Certain Cases - Amends the Federal criminal code to =
require
the court to impose a sentencing for specified drug-related offenses =
pursuant
to Sentencing Commission guidelines and without regard to any statutory =
minimum
sentence, if the court finds, after the Government has been afforded the
opportunity to make recommendation, that: (1) the defendant does not =
have more
than one criminal history point and did not use violence or credible =
threats of
violence or possess a firearm or other dangerous weapon (or induce =
another
participant to do so) in connection with the offense; (2) the offense =
did to
result in death or serious bodily injury to any person; (3) the =
defendant was
not an organizer, leader, manager, or supervisor of others in the =
offense and
was not engaged in a continuing criminal enterprise; and (4) the =
defendant has
truthfully provided to the Government all information and evidence the
defendant has concerning the offense (but the fact that the defendant =
has no
relevant or useful other information to provide or that Government is =
already
aware of the information shall not preclude a determination by the court =
that
the defendant has complied with this requirement). <o:p></o:p>

Specifies
that, in the case of a defendant for whom the statutorily required =
minimum
sentence is five years, sentencing guidelines shall call for a range in =
which
the lowest term of imprisonment is at least 24 months. =
<o:p></o:p>

Title IX: Drug Control - Subtitle A: Enhanced =
Penalties and
General Provisions - Amends the Federal criminal code =
to
enhance penalties for drug trafficking in Federal prisons. =
<o:p></o:p>

(Sec.
90102) Directs the Sentencing Commission to amend its sentencing =
guidelines to
appropriately enhance the penalties for drug-dealing in =
&quot;drug-free&quot;
zones and for illegal drug use in, and smuggling drugs into, Federal =
prisons. <o:p></o:p>

(Sec.
90106) Prohibits advertising which aims to illegally solicit or sell =
drugs. <o:p></o:p>

(Sec.
90107) Authorizes the President, if a major violent crime or =
drug-related
emergency (i.e., where violent crime or drug smuggling, trafficking, or =
abuse
reaches such levels that Federal assistance is needed to supplement =
State and
local efforts and capabilities to save lives and protect property, =
public
health, and safety) exists in a State (including the District of =
Columbia and
specified U.S. territories), to declare such State or part of a State to =
be a
violent crime or drug emergency area and to take action to alleviate the
emergency. Sets forth provisions regarding procedures and requirements =
for
declaration of an emergency, irrelevancy of population density in =
determining
whether an emergency exist, and forms and duration of Federal =
assistance. <o:p></o:p>

<p><b><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:12.0pt;
font-weight:bold'>Subtitle B: National Narcotics Leadership Act =
Amendments</span></font></b>
- Amends the National Narcotics Leadership Act of 1988 to require the =
Director
of National Drug Control Policy to request the head of a department or =
agency
to include in its budget submission to the Office of Management and =
Budget
funding requests for specific initiatives. Directs each agency to comply =
with
such request. <o:p></o:p></p>

Requires
the Director to provide, by July 1 of each year, budget recommendations =
to the
heads of departments and agencies with responsibilities under the =
National Drug
Control Program, which shall apply to the second following fiscal year =
and
address funding priorities developed in the annual National Drug Control
Strategy (Strategy). <o:p></o:p>

Revises
such Act with respect to the use of temporary detail personnel. Sets =
forth
further provisions regarding the control of drug-related resources, =
funds
control notices, and certification of the adequacy of the budget =
request. <o:p></o:p>

(Sec.
90202) Prohibits a Federal officer in the Office of National Drug =
Control
Policy (Office) who is appointed by the President, by and with the =
advice and
consent of the Senate, from participating in Federal election campaign
activities, except for making contributions to individual candidates. =
<o:p></o:p>

(Sec.
90203) Requires the Director to include in each evaluation of the =
effectiveness
of Federal drug control during the preceding year which is submitted =
with each
Strategy, assessments of the reduction of drug use, drug availability, =
and the
consequences of drug use and availability and a determination of the =
status of
drug treatment in the <st1:place w:st=3D"on"><st1:country-region =
w:st=3D"on">United
 States</st1:country-region></st1:place>. Sets forth additional =
requirements,
including assessments of the quality of current drug use measurement
instruments and techniques and identification of specific factors that =
restrict
the availability of treatment services. <o:p></o:p>

(Sec.
90204) Requires the Director of: (1) National Drug Control Policy to =
examine
addiction and rehabilitation research and the application of technology =
to
expanding the effectiveness or availability of drug treatment; and (2) =
the
Advanced Research Project Agency to render assistance and support to the =
Office
and its Director. <o:p></o:p>

(Sec.
90205) Revises provisions regarding deposits into the Special Forfeiture =
Fund
and transfers from DOJ's Assets Forfeiture Fund and the Department of =
the
Treasury Forfeiture Fund. <o:p></o:p>

Amends
the Asset Forfeiture Amendments Act of 1988 to provide for the use of =
certain
unobligated balances remaining in the Special Forfeiture Fund for drug =
control
activities of any Federal agency or State or local entity with =
responsibilities
under the Strategy, subject to advance written approval of the House and =
Senate
Appropriations Committees. <o:p></o:p>

(Sec.
90206) Authorizes appropriations. <o:p></o:p>

(Sec.
90207) Authorizes the Director to appoint up to 75 and such additional =
officers
and employees as necessary to carry out functions of the Office. =
<o:p></o:p>

<p><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:12.0pt'>(Sec.
90208) Terminates the Office on September 30, 1997. =
<o:p></o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<p class=3DMsoNormal><font size=3D2 face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial'><o:p>&nbsp;</o:p></span></font></p>

<p><font size=3D2 color=3Dblack face=3DArial><span =
style=3D'font-size:10.0pt;
font-family:Arial;color:black'>Hank</span></font><o:p></o:p></p>

CONFIDENTIALITY NOTICE: This =
communication with its
contents may contain confidential and/ or legally privileged =
information. It is
solely for the use of the intended recipient (s) . Unauthorized =
interception,
review, use or disclosure is prohibited and may violate applicable laws
including Electronic Communication Privacy Act. If you are not the =
intended
recipient, please contact the sender and destroy all copies of the
communication.<o:p></o:p>

<p class=3DMsoNormal><font size=3D3 face=3D"Times New Roman"><span =
style=3D'font-size:
12.0pt'><o:p>&nbsp;</o:p></span></font></p>

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