Quote of the week: “Either the theory is wrong, or I’m just incredibly stupid.” -Todd Friel on Evolution, from The Way of the Master Radio for 24 Dec. The first true utterance I’ve heard on that show since I started listening to the podcast.
The adjournment of the Congress has prevented my return of H.R. 1585 within the meaning of Article I, section 7, clause 2 of the Constitution. Accordingly, my withholding of approval from the bill precludes its becoming law.
Except that both Senate and Congress haven’t adjourned.
What Bush is trying is a “pocket veto“:
Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States; if he approve he shall sign it, but if not he shall return it, with his objections to that House in which it shall have originated, who shall enter the objections at large in their journal, and proceed to reconsider it. If after such reconsideration two thirds of that House shall agree to pass the bill, it shall be sent, together with the objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a law. But in all such cases the votes of both Houses shall be determined by yeas and nays, and the names of the persons voting for and against the bill shall be entered on the journal of each House respectively. If any bill shall not be returned by the President within ten days (Sundays excepted) after it shall have been presented to him, the same shall be a law, in like manner as if he had signed it, unless the Congress by their adjournment prevent its return, in which case it shall not be a law.
So now we have two options:
1. Bush is allowed to get away with this, which means from now on it’s the President that decides if and when Congress and Senate is in session, or
2. this “pocket veto” doesn’t count, and the bill becomes law, and the Senate and Congress start impeaching everybody who refuses to execute it.
A retired Canadian pastor likely on track to leave a McHenry County courtroom Friday with probation for sexually abusing a 4-year-old girl instead found himself behind bars after he told a judge that the girl acted sexually provocative toward him.
“I tried to avoid the encounters. On a couple of times, I thought I was being sexually harassed,” Kenneth R. Cooke, 73, told a judge. “I think there is psychological evidence today that children, even in their younger years, could become interested in sex.”
After listening to Cooke’s statements, Judge Joseph Condon sentenced him to three years in prison. Condon said the sentence was based partly on Cooke’s attitude.
“He is not accepting responsibility for his actions,” McHenry County Assistant State’s Attorney Sharyl Eisenstein said. “The defendant is blaming his criminal action on a 4-year-old as the aggressor.”
Cooke’s attorney, William Stanton, asked for Cooke to receive probation, a likely sentence considering Cooke’s lack of criminal history, age and health.
“He still remains a highly regarded member of his church and community,” Stanton said.
Now, in an unusual case in which an Arizona recipient of an RIAA letter has fought back in court rather than write a check to avoid hefty legal fees, the industry is taking its argument against music sharing one step further: In legal documents in its federal case against Jeffrey Howell, a Scottsdale, Ariz., man who kept a collection of about 2,000 music recordings on his personal computer, the industry maintains that it is illegal for someone who has legally purchased a CD to transfer that music into his computer.
The industry’s lawyer in the case, Ira Schwartz, argues in a brief filed earlier this month that the MP3 files Howell made on his computer from legally bought CDs are “unauthorized copies” of copyrighted recordings.
I first voiced my concern about the fact that there was a problem in terms of locating sales data from their own servers. Since I had bought the device from Palm’s website and I had given my serial number while on the previous call, I thought it odd that they could not locate the date of purchase of the device (especially since they consider it such vital data for customer service) . I was told that since my device was sold on January 1, 2007, the date I had given only a few minutes earlier to the previous call center person, it was out of warranty. I’m writing this on December 27, 2007 and, the last time I checked, a one year warranty generally extends 365 days from the date of purchase. My concern as a shareholder now turned to anger and frustration. With 3 other broken palm devices in front of me (2 of them my own fault so I won’t even bother talking to Palm about those), I thought that I could be considered a solid customer. But now I was told that warranties were not real and paying $199 (a drop in price of $100 in only a few minutes since talking to the previous person) was going to solve my problem. In the past, broken devices were repaired for $100 so this was getting closer to reality but I wanted to talk to someone more senior about two problems: first, it seemed that one can give any date and it won’t be checked (or maybe it will) and two, if it is checked, warranty terms do not apply for a full year.
So I asked employee C11329 to be transfered to her manager. She told me she was the most senior person at Palm. I asked her again politely to transfer me to her manager. She told me she had none. I asked to be transfered to the person that was reviewing her work, giving her assignments, etc.. I was told she had none. I told her I felt that was odd as, apart from the chairman and CEO, I didn’t know of anyone in a company not having a manager. She told me she was the CEO.
For a second, I paused. “You’re the CEO of Palm, Inc.?” I asked again, not really believing what I was hearing. “Yes, I am” she replied, now with a defiant tone. “So you’re telling me you’re Ed Colligan?” I asked. “I am the CEO and that’s all you need to know.”
Well, turns out I was now in a very odd situation. I had been at several industry events where Ed Colligan spoke (including a number of product launches from Palm) and, as far as my memory was concerned, his voice was neither feminine nor did it sound south-Asian in its inflection. My memory might have been playing games on me but I was pretty sure I was not talking to the CEO of Palm.
I don’t know but what I do know is that I am now part of the group of people who must say: “Don’t ever buy a Palm device.”