Wednesday, May 13, 2009

JUNK JOURNALISM AT THE HERALD REACHES NEW LOW - AND SOMETHING MORE ON HEALTH CARE

As I read both articles in the Herald this morning concerning BISD, I was compelled to ask myself - is someone other the Herald paying Gary Long to write this misleading junk? If this guy actually graduated the university, he needs to sue them to get his money back for one [1] failing to teach him anything about ethics and [2] failing to teach him anything about our legal system.
To begin with, it is not "findings of fact concerning matters of law." This would be like saying "findings of oranges concerning matters of apples." It is called "findings of fact and conclusions of law." What this means is, they apply the findings of fact to questions of law before arriving at a legal conclusion. This mistake is so basic it tells me the editor only reviewed the piece for evidence of sufficient bias in favor of incompetence and corruption.

Judge Hanen was to say the least, polite with Ben Neece. It is standard practice for a plaintiff to amend the lawsuit upon removal to federal court to conform with the federal rules concerning pleading. Judge Hanen politely informed Mr. Neece it was time that he do his job. The issue of considering the Temporary Injunction means nothing. Judge Hanen simply stated that once Neece conforms the pleadings to federal standards, the court will consider any motion he may have on behalf of his client.

On the evidence issue of this secretly recorded phone call, it was reckless for the Herald to even discuss same. It is clear the content of the phone call is subject to more than one interpretation or suspect. I consulted on a case in NY recently with a secret tape. In New York you can take an immediate appeal from the denial of a motion for summary judgment. We took the appeal and the appellate court threw the lawsuit out. Secret tape recordings mean nothing, especially when you are too chicken shit too disclose same.

I would like to have seen Ben Neece pull this stunt in front of Hilda Tagle. She would have ordered the US marshals to hold him down while she personally performed the castration. While I find Judge Hanen to be a more professional judge than Judge Tagle, maybe he was just a bit too soft of Ben Neece.

If Mr. Neece had an iron clad telephone conversation which supports his client’s position, he would attached a copy of the transcript to his pleadings. He has not, such as the confusing language he used to implicate a bribe involving Otis Powers, because it is not iron clad, and he knows all too well he can rely on Gary Long and the Herald to mislead the people.

A WORD ON HEALTH CARE

CD posted the following link this morning to another one of my posts. It is a good read concerning the problems related to Medicare. I have made it clear that all Medicare, Medicaid, and Veteran health care recipients should have to use government run clinics as a way to save costs. I will put up against any privately run health care system the new VA clinic in Harlingen. It is top of the line.

What I do like about this article is the fact it points out that the problem is as much about the raiding of the trust fund by Congress as it is about rising costs. There is no meaningful solution to the raiding of the trust fund. If Congress stops raiding the trust fund and invests the money, it will have to raise taxes to make up for the money it is no longer stealing from social security and medicare. We know this will never happen. The Social Security and Medicare trust funds are nothing more than a backdoor tax on the people to fund every pork barrel project Congress can device for its own personal ends.
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9 comments:

Anonymous said...

Government extension of insurance will eventually push out private services. You cannot compete with the government in the long run; it will be underpriced or over promised.

How many times do we need to go though this? Social Security is going broke, Medicade and Medicare are going broke. The VA wasn't doing very well (servicing 1:1000 of the population) until the Walter Reed fiasco.

The government is not the answer, unless they look at the immediate costs and begin to push those downward somehow. I concede that the amount of competition defies the normal cpaitalistic result of decreased costs for health care costs.

BobbyWC said...

Walter Reed was Army medical care not VA - but remember I am pushing the new model of care not the old model - that is the point - we must look to new models for delivery of health care.

SS and Medicare would not be in the crisis they are in had Congress not stolen the trust money - the problem is Congress - not SS or medicare per se - although costs for medicare are getting out of control.

The private insurance companies will find a way to compete by creating more efficient HMO's and other forms of care.

We can talk all day about bringing down costs, but without a proposal it talk is cheap - my proposal is to have the doctors on staff at government clinics - those who choose the government HMO's would pay a regular insurance fee to join - those who do not choose it can remain with nothing or with their private insurance company

Bobby WC

Anonymous said...

BWC,

I respect your focus the delivery system. Yet, as you have correctly pointed out, the federal government continued lack of fiscal responsibility,phony 'common good' tactics, and pork barrel spending(i.e. raiding entitlement program trust funds)has this country teetering on the verge of bankruptcy. Until we as citizens can collectively force, once and for all, a permanent shift in modern Congressional mentality, no meaningful, long-term solutions to this country's true crises can ever be realistically be achieved. And finally, analogous to your trust fund raiding example is a TARP fiasco tidbit. By law, any of those funds returned by financial institutions are the property of US taxpayers NOT the Treasury. Does any one for a single second think those dollars will be ever be forwarded to
US taxpayers?

CD

Anonymous said...

In a town full incompetence, legal and or otherwise, Mr. Neece has to rank up near the top of the list. His efforts during the BISD jurisdictional proceedings were comical.

Anonymous said...

I'm sorry, Walter Reed is Department of the Army, soon to be all Armed Forces. However the 2007 scandal led to investigation(s) of the Veterans Administration health care services. WHMC was the catalyst, but the VA was certainly the recepient of friendly fire.

As we were having a generalized discussion, I assumed there was no need for such specificity.
I stand corrected.

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BobbyWC said...

I agree the VA care is horrific, which is why I have consistently opposed a VA hospital in the Valley - the new model being used is very cost effective and we are being treated by highly qualified and experienced clinicians

The notion that because the current VA system is bad that it cannot be improved is silly.

i am telling you this new system in Harlingen is something to be proud of - they are getting it right

Bobby WC

Anonymous said...

Too chicken shit? My, my aren't you pissy pissed. You didn't expect this tape. There are a lot of things you aren't expecting.

You don't know what is going on anymore. You never did. The BISD fairy dust blinds you to the truth. Gay middle-management, which everyone knows are your sources, aren't telling you anything anymore because even they are out of the fruit loop.

BobbyWC said...

Anony, so all you offer is child like insults - so there is a tape - you seem to know everything - tell us what is on the tape - my experience has always been, when you hava a tape you disclose it - asking a judge to considere teh tape in camera (meaning in his chambers was stupid) I am sure Judeg Hanen had to contain himself from the laughter

But just keep on submitting 5 year old insults - it so ads to the substance of the discussion and helps the Gonzales

Bobby WC

Anonymous said...

Yup, you got it right concerning BISD. Neece is a joke.....does everyone honestly think that Otis Powers will allow himself to be manipulated and backed into a corner? Give that family more credit for spinning facts!
thanks,
humpty