Churchill Billed For Legal Expenses, May Top $50K

Heh--may be as high as $50K.

Pravda takes up Churchill's cause.

Big post-decision link roundup at PirateBallerina.

Taking Colorado's Political Temperature--July 2009

FOR IMMEDIATE RELEASE
July 9, 2009

Time to Take Colorado's Political Temperature
Right-Leaning Bloggers Want to Know Where YOU Stand!

Two of Colorado's most established and respected conservative voices in the political blogosphere invite the state's political observers and activists to share their opinions in an online survey to shed light on current state and national issues, candidates, and trends. The survey takes about 10 to 15 minutes to complete.

The survey is available online at:
http://www.surveymonkey.com/s.aspx?sm=0Y5MO2_2bj08iRwT0VIGbMQg_3d_3d

“This isn't your run-of-the-mill, quick-click, random straw poll. We have created a user-friendly survey that goes a little more in-depth,” said Michael Sandoval, also known as El Presidente, of the blog Slapstick Politics (http://slapstickpolitics.blogspot.com). “With enough people adding their two cents, we may gain some useful insights into the state of play for some major races heading into 2010.”

Recipients are invited not only to take the survey, but also to pass it on to anyone they know who might appreciate the opportunity. Only one vote per computer or unique IP will be allowed to help ensure accuracy.

“We hope to hear from as many Coloradans as possible who pay attention to the political scene—the movers and shakers at all levels, anyone who has opinions and insights and cares about the future of our great state and country,” said Ben DeGrow of the blog Mount Virtus (http://bendegrow.com). “Besides, some kind of fresh online news has to break us out of these summer doldrums and give us a little hope.”

The survey will be open until Friday, July 17, 5 PM local time. The survey is not affiliated with any political candidate, political party organization, or any third-party entity.

Sandoval and DeGrow are both members of the Rocky Mountain Alliance 2.0 (http://rma2.blogspot.com) and the People's Press Collective (http://peoplespresscollective.org), informal networks of Right-leaning, pro-liberty new media activists in Colorado. Poll editing graciously provided by Mary Ila MacFarlane.

Contact:
Michael Sandoval, tabascoii-at-gmail.com
Ben DeGrow, bendegrow-at-gmail.com

Sen. Inhofe On Cap And Trade: Meaningless WIthout China And India On Board

Cap-and-Tax Cap-and-Trade dead in the water without support from China and India, who have vowed not to imperil their economies and lower standards of living:

"It’s no surprise that during today’s G8 meeting, China, India and other developing nations refused to accept mandatory emissions controls on their economies," Senator Inhofe said. "Without participation from China and India, anything we do here at home would impose burdensome costs on consumers in the form of higher electricity, gas, and food prices, all for no climate gain. Unless supporters of cap-and-trade legislation can develop a plan to convince China and India to make meaningful emissions reductions on par with the United States, no such bill will pass the U.S. Senate."

EPA Administrator Jackson appeared before the EPW Committee on Tuesday and confirmed an EPA analysis showing that unilateral U.S. action to reduce greenhouse gas emissions would have no effect on climate. "I believe the central parts of the [EPA] chart are that U.S. action alone will not impact world CO2 levels," Administrator Jackson said.

Breaking--Ward Churchill Denied Reinstatement

**Update 6--Ross Kaminsky provides an excellent detailed breakdown of Judge Larry Naves' decision in the Churchill lawsuit; more reactions on Churchill's failed lawsuit at Drunkablog, including a roundup of links; comprehensive followups at PirateBallerina (Part 1, 2, 3, 4, 5), including CU billing Churchill for legal expenses; ACTA's take on the decision

**Update 5--CU Boulder Chancellor Phil DiStefano and CU attorney Pat O'Rourke:



**Update 4--The fat lady isn't singing--Churchill's attorney, David Lane, is planning to file an appeal:

When asked if there would be an appeal, Churchill's attorney David Lane said in an afternoon press conference, "Absolutely."

"It sends a message to the public, which is: 'Oh jury verdicts, who cares?' You know?" Lane said. "I've said, you know the Constitution is only as strong as those charged with protecting it, and unfortunately it's not being protected."

The next step is the Colorado Court of Appeals, and Churchill and Lane have 45 days to file the appeal.

CU attorney Patrick O'Rourke believes CU will win the appeal.

"[The ruling is] factually strong and it's legally strong. I think that this case could get resolved at the Court of Appeals level and the higher courts could say, 'We have no reason to review it further,'" O'Rourke said.

Churchill himself had nothing to say:

Churchill did not have any comment on Tuesday.

School administrators say the ruling gives them vindication.

"This is an issue about research misconduct. I said back in 2005 and again in 2006 that Professor Churchill's speech is protected. However, there were numerous allegations of research misconduct that needed to be investigated," CU Chancellor Phil DiStefano said.

"This is a huge win for the University of Colorado because the jury found against the university and the judge throwing the verdict out now can only be considered a major judicial upset," 9NEWS Legal Analyst Scott Robinson said.

But all sides agree that the case's journey through the courts is not over.

"This case will 100 percent be appealed and it's anyone's guess how it will be resolved in appeal," Robinson said. "This is a groundbreaking decision in an area of law that has not been visited very often in the past."

**Update 3--CU and Board of Regents granted immunity:

On Tuesday Chief Denver District Court Judge Larry Naves denied Churchill's motion for reinstatement of employment as well as any "front" pay. It was part of a decision where Naves granted CU and the Board of Regents immunity from being sued, which vacates the jury verdict from April of this year.
. . .
Naves ruled "because quasi-judicial immunity was a 'defense that would have been applicable to any of its officials or employees' it is a defense available to the University and the Board of Regents. In this case, it is clear that the Board of Regents performed a quasi-judicial function and acted in a quasi-judicial capacity when it heard Professor Churchill's case and terminated his employment."

"Based on the foregoing, it is hereby ORDERED that Defendants are GRANTED quasi-judicial immunity as a matter of law from Professor Churchill's second claim for relief. As a result, the jury's verdict in this matter is hereby VACATED, and judgment is hereby entered in favor of Defendants on Professor Churchill's Second Claim for Relief."

Naves went on write: "If I granted reinstatement I believe there is a substantial likelihood that there would be future disputes about the propriety of Professor Churchill’s academic conduct... Under these circumstances and recognizing that the University’s faculty must have the ability to define the standards of scholarship, I am persuaded that reinstatement is not an appropriate remedy in this case... The same 'sharply conflicting evidence' about Professor Churchill’s job performance and the fundamental disagreements between the parties lead me to conclude that 'an absence of mutual trust' makes reinstatement unfeasible."

**Update 2--CU President Bruce Benson:

"We believe the judge appropriately applied the law to recognize the Board of Regents' role as a quasi-judicial body. This ruling recognizes that the regents have to make important and difficult decisions. The threat of litigation should not be used to influence those decisions."

From the ruling:

In a 42-page decision issued today, Naves agreed with the university that Churchill's presence on the Boulder campus would suggest that the university tolerated academic misconduct.

"The evidence was credible that Professor Churchill will not only be the most visible member of the Department of Ethnic Studies if reinstated, but that reinstatement will create the perception in the broader academic community that the Department of Ethnic Studies tolerates research misconduct," Naves wrote.

"In addition, this negative perception has great potential to hinder students graduating from the Department of Ethnic Studies in their efforts to obtain placement in graduate programs," he wrote.

**Update--full text of Judge Naves' ruling (pdf), and a mini-recap of the arguments presented after Churchill's April "victory," in which he was awarded damages of $1:

In April, a Denver jury agreed with Churchill's premise that he was illegally fired, but it stopped far short of awarding Churchill a high dollar figure. Instead it awarded Churchill $1.

Last week, Lane and Churchill were back in Judge Naves' courtroom arguing that their legal victory in April was enough for the judge to order reinstatement. Calling CU leaders, "constitutional law violators," Lane told Naves he had essentially no other choice but to reinstate the embattled professor.

CU's lead attorney Patrick O'Rourke argued that the $1 judgement in April should, in essence, speak for itself. O'Rourke suggested that reinstating Churchill would further damage the university's reputation.

--extensive SP Churchill archives

--more at PirateBallerina

Perhaps the final chapter in the Ward Churchill saga:

The University of Colorado doesn't have to give fired ethnic studies Prof. Ward Churchill his job back, a Denver District Court judge ruled today.

"I conclude that reinstating Professor Churchill would entangle the judiciary excessively in matters that are more appropriate for academic professionals. In making this decision, I give considerable weight to the United States Supreme Court's recognition that 'considerations of profound importance counsel restrained judicial review of the substance of academic decisions,' " Denver District Court Judge Larry J. Naves, said in his 42-page decision.

Naves went on to say that trial courts may deny reinstatement when, as " practical matter, a productive and amicable working relationship would be impossible" or "the employer-employee relationship has been irreparably damaged by animosity caused by the lawsuit."

A jury in April found that the university illegally fired Churchill after he was accused of research misconduct.

More from Channel 7:

Boulder learning will go on without Ward Churchill.

On Tuesday Judge Larry Naves granted CU's and the Board of Regent's motion for judgement as a matter of law that the Board of Regents is immune from being sued and vacates the jury verdict from April of this year.

Naves also denied Churchill's motion for reinstatement of employment as well as any "front" pay.

Expensive Phone Bill? Excess 911 Fees Stack Up

The Independence Institute's Todd Shepherd uncovers the excessive fee revenues generated by 911 tariffs that form a large portion of your costly monthly phone bill:

Suppose you choose a monthly cell phone plan that will charge you $59.99 every month. So how in the world does your final bill end up being closer to $70? 911 tariffs account for a portion of that final increase.

But 911 taxing authorities in Colorado appear to be consistently collecting anywhere from 20 to 50 percent or more in excess revenues annually, and these excess revenues are never returned to the public, and the tariffs are rarely lowered.
. . .
“It would appear that most of these 911 agencies have already bankrolled the capital they need for the changes and upgrades that they have on the horizon,” said Jon Caldara, President of the Independence Institute. “And given their track-record of over-collecting, it would seem that these taxes could still be lowered, without hampering their future projects or without threatening their reserves needed to deal with contingencies.

A detailed comparison of the various counties' revenues and expenditures can be found in the report.

July 4 Break--Link Roundup

I'm off to the fetid swamp of power nation's capital for a much needed break--in the meantime, check out the following links for an excellent roundup of political news, analysis, and events.

Enjoy those freedoms while they last--and keep up the good fight for liberty!

Liberty on the Rocks:



People's Press Collective:



Complete Colorado:



Rocky Mountain Alliance 2.0:



Face the State:



Clear the Bench Colorado:

Move America Forward: Troopathon

Support the troops with donations for care packages--Michelle Malkin has the background, Andrew Breitbart is co-hosting, special guests (like Rush Limbaugh and Jon Voight) will appear throughout the eight hour live webcast, and the goal is $1 million:

Senate 2010: Ryan Frazier--"A New Way Forward"

Quite impressive effort to kick off Frazier's broader introduction to Colorado's voter population--combining stirring clips from his stump speech and a nice blend of visual imagery in a longer format than the soundbite campaign ads we are accustomed to:



"Capitalism over socialism, freedom over slavery, life over death, and states' rights ove central planning"--sounds like an excellent place to start.

DMYR June Meeting Featuring Lynn Bartels And David Harsanyi

Join Denver Metro Young Republicans on June 23rd for our June General Meeting. This month we are pleased to welcome members of the local Media, including Lynn Bartels (formerly of the Rocky Mountain News) and David Harsanyi, reporters from the Denver Post. They will discuss the media’s role in politics help us break down the current state of the Republican Party in Colorado.





HAVE YOUR QUESTIONS READY for these Colorado media standouts!

Our Agenda will also include election of 7 County Directors from each of our member counties (Adams, Arapahoe, Boulder, Broomfield, Denver, Douglas, Jefferson). See By-laws for qualifications of officers.

These individuals will be responsible for coordinating DMYR activities in their county, providing communication between their County Chairmen/officers and the DMYR board, and tracking DMYR activism in their county in conjunction with the DMYR Activism Director. If you are ready to step up and play a critical role in your County and THE top Young Republican Organization in Colorado, we encourage you to run for these positions!

As always, if you have questions about politics, the party, or the political process in general, we are always ready to listen and answer your questions. We are ready to help YOU make a difference in your Community and the Republican Party through Education and Activism!

Meeting Date: Tuesday, June 23rd, 2009
Meeting Time: social hour begins at 5:30pm, meeting starts at 6:30pm
Meeting Location: Club M @ Hamburger Mary’s, 700 East 17th Avenue, Denver, CO 80203 [map] — Our own private bar! Entrance on the NorthEast corner of the building.

***Please be sure to join the DMYR Group and RSVP for this event on Facebook! And come hungry, as Mary’s has the best burgers in town!!***

"The Big List": 2010 State House And Senate Races

Jeremy Pelzer (formerly of PolitickerCO and 5280) has a complete rundown of announced, projected, and speculative candidates for Colorado House and Senate in 2010 (to be continuously updated):

2010 House Candidates

2010 Senate Candidates

Jeremy's blog Mile High Politics is sure to be a key source for political news for 2010, so be sure to bookmark it and check back frequently.

Pre-ATF Party: Freedom Underground - Nanny State Policy Panel; Liberty On The Rocks BBQ

Freedom Underground - Nanny State Policy Panel

Friday, June 19, 2009

The Warwick Hotel, (The former Playboy Club) 1776 Grant Street, Denver, CO

***Don’t forget to sign up for the ATF Party the next day!***

Listen to Jon Caldara and Amy Oliver talk nannyism, the ATF party, and this great panel event!

Agenda

11:00a.m. — Registration

11:30a.m. — Lunch

Keynote Speaker: David Martosko, Center for Consumer Freedom

1:00p.m. — Morality and Philosophy of Nannyism

Panelists:

Radley Balko, TheAgitator.com and Reason Magazine

David Harsanyi, author of the Nanny State and syndicated columnist

David Kopel, Independence Institute Research Director

2:15p.m. — Economics of Nannyism: Sin Taxes and Litigation

Panelists:

Terry Gallagher, President of Smoker Friendly

Jordan Lipp, attorney Davis Graham & Stubbs and of the Colorado Civil Justice Leage.

Linda Gorman, Independence Institute Health Care Policy Center Director

3:30p.m. — Break

3:45p.m. — Fighting Nannyism:

Panelists:

Andrew Boucher, Boucher Strategies and NoCoPolitics.com

David Martosko, Center for Consumer Freedom

Andrew Breitbart, The DrudgeReport, Breitbart.com and Big Hollywood

5:00p.m. — Break

6:00p.m. – Dinner

Keynote Speaker: Andrew Breitbart, The DrudgeReport, Breitbart.com and Big Hollywood

8:00 p.m. – Cocktails & Cigars

This is a can’t miss event! Give us a call @ 303.279.6536 or RSVP online here to reserve your spot!

---

Liberty on the Rocks BBQ!

Date: Sunday, June 14, 2009
Time: 1:00pm - 4:00pm
Location: Washington Park
Street: Corner of Franklin and Virginia
City/Town: Denver, CO

Email: amanda@libertyontherocks.org

Location - Picnic Spot One at Wash Park next to the fire station (corner of Franklin and Virginia). There is plenty of free on-street parking.

Join others who love freedom for a fun in the sun day at the park!

BYOB - NO GLASS!!

There will be hamburgers, hot dogs, chips and other snacks provided. We will have water and soda, but if you'd like to drink, please bring your own alcohol. And be sure it's not glass - park rules!

There will also be a bake sale to raise money for the organization - so come with your sweet tooth!

We will have games to play, lunch and snacks to munch on and as always, great conversations! Come on out to Washington Park on Sunday, June 14th to network, make friends, eat BBQ lunch and have a great time!

Hope to see you there!

Fiery MEP Daniel Hannan In Denver

The Honor of Your Presence is Requested for a Special Evening With
MEP Daniel Hannan
Friday, June 26, 2009
Cocktail reception 6:00 p.m. - 7:30 p.m.
Grant-Humphreys Mansion
770 Pennsylvania Street, Denver, CO 80203

Daniel Hannan is a writer and journalist, and has been Conservative MEP for South East England since 1999. He has written eight books on European policy, speaks French and Spanish and is author of The Plan: Twelve months to renew Britain

Hannan has recently risen to fame in the U.S. after his fiery speech addressing British Prime Minister Gordon Brown at the European Parliament ("The devalued prime minister of a devalued government.")

RSVP REQUIRED!

Hannan skewers Brown:

R Block Party Family BBQ

PLEASE JOIN



THURSDAY JUNE 18

SEE ATTACHMENT FOR DETAILS

We invite you to join us at this casual event for Republican fellowship and to meet some of the candidates and elected officials including Ryan Frazier, Cleve Tidwell, Dan Maes, Walker Stapleton, Leondray Gholston and others.

This is a kid-friendly event and we hope you choose to bring our future voting block!

RSVP’s are greatly appreciated, but not necessary. Drop in anytime during the evening.

Date: Thursday, June 18, 2009
Time: 6:00 - 9:00 pm
Place: Dekoevend Park, Shelter C near the Goodson Rec Center

See you soon,
Nikki Mata
Lori Horn
Madelaine Rohan

E-mail rsvp or questions to:

http://www.blogger.com/rblockparty@comcast.net

Click to enlarge:

Denver International Airport Receives Nearly $500K In Farm Subsidies

Who knew?

Over the course of 12 consecutive years beginning in 1995, Denver International Airport has managed to rake-in just under half-a-million dollars in commodity subsidies from the U.S. Federal farm program. The airport owns roughly 18-thousand acres of wheat fields adjacent to the main terminal property and runways. While the dollar amount represents a very small fraction of the overall farm subsidy program, the receipts of that money essentially constituted nothing more than a windfall for the airport, because the airport was immune to rising or falling wheat prices.

Todd Shepherd has the complete yearly break down of windfall subsidies received by DIA.

This is the type of story that will only be exposed by folks like Todd, investigative reporter at the Independence Institute and editor of CompleteColorado.com.

And if conservatives and libertarians are to regain any traction with the public they need to be doing more and more investigative reporting of this type, not just amateur punditry as is so often the case.

Socialized Medicine No Joke

Liberty On The Rocks Red Rocks--Special Guest Tom Tancredo

Liberty on the Rocks Red Rocks will be hosting special guest Tom Tancredo:

Look for us at Old Chicago (weather permitting, on the rooftop patio) at 145 Union Blvd, Lakewood, CO for happy hours (5:00 pm to 7:00 pm) on the 1st and 3rd Monday of the month! Mark your calendar for:

June 15, 2009

Drum roll . . . our very special guest will be …. former presidential candidate and congressman, Tom Tancredo!

This is only our sixth meet up and we have had a number of fun and interesting people show up. The pictures on our website, RedRocks.LibertyOnTheRocks.com, show just part of fun.

Jonah Goldberg On Liberal Fascism

The bestselling book Liberal Fascism is now out in paperback.

Jonah discusses the ongoing necessity to push back against the Left's intentional misuse of the term for political purposes to bash conservatives and libertarians.

Betsy Markey On Health Care: A Tea Party Rally

Fort Collins Tea Party organizers will urge CD-4 Rep. Betsy Markey to vote against President Barack Obama's plans for socialized medicine "government-run, single-payer health care" at noon on Saturday, June 13th at Washington Park behind the Fort Collins City Hall building.

Free People, Free Markets: The Foundations Of Liberty Course

The Independence Institute is proud to offer a first-of-its-kind course on the moral and philosophical case for free market capitalism:

Free People, Free Markets: The Foundations of Liberty!

The class will take place on 5 Saturdays, from 9am to noon, starting June 27th and ending August 1st. (Skips July 4th).

This class is open to everyone. And you may obtain college credit through the University of Colorado at Colorado Springs (Good for credit at CU-Boulder and CD-Denver).

The course makes the moral and philosophic case for free-market capitalism. One of the most important concepts of Western Civilization is the acquisition of property as an unalienable right. The course develops the relationship between economic liberty and political liberty. Participants learn the principles behind wealth-creation. They are introduced to the philosophy of the Austrian School of Economics and its connection to the founding ideas of the American experiment. Participants are awakened to their heritage of economic liberty. It will be more than worth your time.

Classes will meet once a week for five weeks, from 9-12 on Saturdays (skipping July 4). The course is designed for business and community leaders, college students, and the general public. If desired, you may obtain three college credits through the University of Colorado at Colorado Springs by paying the usual college per-credit fee.

Come if you love liberty. Come if you love collectivism, but need to understand the libertarian position. Come if you want to receive an inexpensive, thorough, and energetic exposure to the founding principles of economic and political liberty.

If you would like to register, please call 303-279-6536, or send an email to rsvp@i2i.org.

For more information and/or to register, go to
http://www.i2i.org/main/event.php?event_id=63.

Class fee is $75

FBI shuts down gun range, calls it "militia training camp"

The FBI is investigating a Washington state gun range that is supposedly "serving as a militia training camp."

What is notable is that the range was shut down because of "violation of commercial zoning laws," although the gun range has been around for a while. The owner, Jim Faire, thinks it's because of Andrew Gray, a convicted felon who is now facing weapons and drug charges. An informant told the FBI that Gray was using Faire's range to fire rifles. Evidently Gray was worth watching because of his "history with anti-government groups."

The FBI felt compelled to raid Gray's storage units, where they found 21 firearms and 300 marijuana plants. Now Gray is out on bail, due to appear in court on Thursday.

Back to Jim Faire. He didn't catch Gray because he didn't have the means to do a background check on every customer, which is, of course, way over the top and has been secretly (and illegally) used as a means to keep information on gun owners and their firearms. I have been to a number of gun ranges and have only had to sign waivers saying that it isn't their fault if I shoot myself.

The FBI is also touting the informant's assertion that Faire's range is a "militia training center." Faire says that the word "militia" is merely a joke, thanks to his range being a member of the Appleseed Project, a program of the Revolutionary War Veterans Association that promotes a return to a nation of marksmen.

Faire's neighbors think that the FBI is being heavy-handed. What's the real reason that the FBI is cracking down? Could it be a repeat of the old Clinton administration's zeal for gun control? President Obama knows the lessons of Clinton's "assault weapons" ban, and is not eager to repeat them. But maybe his FBI heavies just can't help themselves.

RMA 2.0: Rocky Mtn Blogs Radio Show #30

**Every Tuesday--next show June 9, 8:30 pm.



The Blog Talk Radio version of the Rocky Mountain Alliance. A weekly discussion about politics--national, state, and local--featuring RMA members bloggers led by featured host and producer Joshua Sharf, with rotating co-host duties from Ben DeGrow of Mount Virtus, Randy Ketner of Night Twister, and Michael Alcorn of Best Destiny.

June 9 lineup--Dan Maes, candidate for governor.