AnneBonny @ AnneBonny @lemmy.dbzer0.com

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2 yr. ago

Thanks.

Archive links:

https://web.archive.org/web/20240125180438/https://leehamnews.com/2024/01/15/unplanned-removal-installation-inspection-procedure-at-boeing/#comment-509962

https://archive.ph/uTR1P

Thank you for contributing to the discussion.

The US has this bizarre setup where we “regulate” companies through the courts rather than directly through government agencies (this is not always the case, but it often is).

I'm afraid that I don't understand what sort of alternative system you have in mind.

I looked at some of those, and it’s private citizens suing corporations…
That’s not the same as the government regulating capitalism.

This is like saying that Texas doesn't regulate abortion because it's just private citizens filing lawsuits. That is bullshit.

Without the regulations, there would be no legal basis for filing a lawsuit.

In regulated capitalism, the government would step in to prevent this type of price fixing.

like this?

https://www.nytimes.com/2024/01/23/us/yale-columbia-price-fixing-settlement.html

https://www.reuters.com/legal/litigation/drivers-sue-us-shale-oil-producers-over-alleged-price-fixing-scheme-2024-01-16/

https://www.texastribune.org/2024/01/19/rice-university-price-fixing-lawsuit/

https://www.propublica.org/article/doj-backs-tenants-price-fixing-case-big-landlords-real-estate-tech

https://apnews.com/article/egg-producers-price-gouging-lawsuit-conspiracy-8cd455003a3a40bab74d0f046d0f2c9d

https://www.reuters.com/legal/litigation/frances-saint-gobain-others-hit-with-price-fixing-claims-us-court-2023-11-30/

The report does not mention Rear Admiral Ronny Jackson, who served as the physician to the president from 2013 to 2018 under both Barack Obama and Donald Trump. Stat, which first reported on the OIG's new report, noted that Jackson had been accused of fostering a toxic work environment, engaging in alcohol-fueled misconduct, and misusing Ambien, specifically. OIG received those allegations during the first part of 2018, around the same time when the pharmacy complaints came in. And some of the allegations against Jackson were confirmed by a separate OIG investigation released in 2021.

Yikes.

Disingenuous? He has billions of dollars stored in a 501c)(3).

A 501c)(3) organization is a United States corporation, trust, unincorporated association or other type of organization exempt from federal income tax under section 501c)(3) of Title 26 of the United States Code.

He's a fucking clown.

I don't have any idea.

The article says:
The bill says the use of force is “justifiable” if a defendant believes that criminal trespass, robbery or “unlawful camping” is occurring on their property.

The law says:

2 (1) The use of physical force by a defendant upon another person is justifiable when the
3 defendant believes that such force is immediately necessary to prevent:
...
12 c) The commission of unlawful camping in violation of Section 17 of this Act,
13 when the offense is occurring on property owned or leased by the defendant,
14 the individual engaged in unlawful camping has been told to cease, and the
15 individual committing the offense has used force or threatened to use force
16 against the defendant.

Not mentioning that force is not authorized unless the person camping unlawfully has either used force or threatened to use force already is a glaring omission.

The same way you dispute the truth of any statement in a court of law.

No one is stopping you from giving money to the government.

You can make a gift to reduce public debt here: https://www.pay.gov/public/form/start/23779454

You can donate to the U.S. Government here: https://www.pay.gov/public/form/start/708094624

The article says:

The bill says the use of force is “justifiable” if a defendant believes that criminal trespass, robbery or “unlawful camping” is occurring on their property.

The bill says:

2 (1) The use of physical force by a defendant upon another person is justifiable when the
3 defendant believes that such force is immediately necessary to prevent:
... 12 c) The commission of unlawful camping in violation of Section 17 of this Act,
13 when the offense is occurring on property owned or leased by the defendant,
14 the individual engaged in unlawful camping has been told to cease, and the
15 individual committing the offense has used force or threatened to use force
16 against the defendant.

2 (1) The use of physical force by a defendant upon another person is justifiable when the
3 defendant believes that such force is immediately necessary to prevent:
4 (a) The commission of criminal trespass, robbery, burglary, or other felony
5 involving the use of force, or under those circumstances permitted pursuant to
6 KRS 503.055, in a dwelling, building or upon real property in his or her
7 possession or in the possession of another person for whose protection he or
8 she acts;[ or]
9 (b) Theft, criminal mischief, or any trespassory taking of tangible, movable
10 property in his or her possession or in the possession of another person for
11 whose protection he or she acts; or
12 c) The commission of unlawful camping in violation of Section 17 of this Act,
13 when the offense is occurring on property owned or leased by the defendant,
14 the individual engaged in unlawful camping has been told to cease, and the
15 individual committing the offense has used force or threatened to use force
16 against the defendant.

I haven't been through all the amendments yet, and I'm not a lawyer, but the author of the article may have mischaracterized a portion of the bill.

I want you to think about the current SCOTUS, what their decisions might look like coming out of this, and that the executive branch isn’t “cops”.

The Department of Homeland Security, Federal Bureau of Investigation, United States Marshals Service, Bureau of Alcohol, Tobacco, Firearms, and Explosive, Drug Enforcement Administration, United States Customs and Border Protection, National Security Agency, Immigration and Customs Enforcement, and Department of Justice are cops. There is a Medicare Fraud Strike Force. They don't walk a beat, but they are cops.

they’re going to nuke the idea that something can be included in legislation if it isn’t explicitly stated

They will not.

This kills the EPA, the FCC, literally any decision making body within the Executive and replaces it with the incredibly slow Judicial system that benefits the wealthy EVEN HARDER than Chevron.

Won't happen.

That wasn’t specifically called out as a pollutant in the NEPA, guess you can’t regulate it until the Legislature adds a clause to allow you to regulate that specific new pollutant.

You think it's going to be legal to kill Clarence Thomas because there is not a law that specifically prohibits killing Clarence Thomas? I doubt it.

That would be funny as fuck.

“There’s no legislation to describe this exact situation. So no enforcement is possible until a judgement is made to decide what needs enforcement.”

Yeah, law enforcement shouldn't be able to throw people in jail (or perform other punitive actions) for things that are not prohibited by law. The law should be applied equally, with a minimum amount of discretion permitted. You only have to look at drug laws to see what happens when law enforcement has latitude and exercises discretion about the manner in which the law should be enforced.

If there’s any give, the historically glacial judicial system must make a decision. Allowing companies to stomp all over everything, with little to no oversight.

When executive agencies are permitted to decide how strictly a law or regulation must be enforced, they rarely choose to enforce it more strictly. Any time something bad happens, you can usually see that it was a direct result of loosening enforcement of some regulation. This shit happens over and over and over again.

Regulatory Blowout: How Regulatory Failures Made the BP Disaster Possible, and How the System Can Be Fixed to Avoid a Recurrence

Regulatory Failure 101: What the Collapse of Silicon Valley Bank Reveals

How FDA Failures Contributed to the Opioid Crisis

Controlled Burns Help Prevent Wildfires, Experts Say. But Regulations Have Made It Nearly Impossible to Do These Burns.

It’s a decision decided to rob the legislation of any leway to the executive.

The Chevron case was ruled on in 1984. Did the executive branch have zero leeway prior to 1984? No.

What pre-Chevron rulings demonstrate a court that not deferring to an agency's interpretation of the law is a problem?

I think "smuggling of persons" is the most appropriate charge, but I'm not a lawyer.

Sec. 20.05. SMUGGLING OF PERSONS.

https://statutes.capitol.texas.gov/Docs/PE/htm/PE.20.htm

Chevron deference is not used by government agencies to add rules to close loopholes to keep corporations in line. It is a vulnerability of executive agencies for corporations to exploit. Yall ever hear of revolving door or regulatory capture? Chevron deference is only good for Chevron.

A sweeping congressional inquiry into the development and certification of Boeing's troubled 737 Max airplane finds damning evidence of failures at both Boeing and the Federal Aviation Administration that "played instrumental and causative roles" in two fatal crashes that killed a total of 346 people.
The House Transportation Committee released an investigative report produced by Democratic staff on Wednesday morning. It documents what it says is "a disturbing pattern of technical miscalculations and troubling management misjudgments" by Boeing, combined with "numerous oversight lapses and accountability gaps by the FAA."
"The Max crashes were not the result of a singular failure, technical mistake, or mismanaged event," the committee report says. Instead, "they were the horrific culmination of a series of faulty technical assumptions by Boeing's engineers, a lack of transparency on the part of Boeing's management, and grossly insufficient oversight by the FAA."

https://www.npr.org/2020/09/16/913426448/congressional-inquiry-faults-boeing-and-faa-failures-for-deadly-737-max-plane-cr

I guess things are worse than I thought.