text:
Jack Balkin:
jackbalkin at yahoo.com
Bruce Ackerman
bruce.ackerman at yale.edu
Ian Ayres
ian.ayres at yale.edu
Corey Brettschneider
corey_brettschneider at brown.edu
Mary Dudziak
mary.l.dudziak at emory.edu
Joey Fishkin
joey.fishkin at gmail.com
Heather Gerken heather.gerken at yale.edu
Abbe Gluck abbe.gluck at yale.edu
Mark Graber
mgraber at law.umaryland.edu
Stephen Griffin
sgriffin at tulane.edu
Jonathan Hafetz
jonathan.hafetz at shu.edu
Jeremy Kessler
jkessler at law.columbia.edu
Andrew Koppelman
akoppelman at law.northwestern.edu
Marty Lederman
msl46 at law.georgetown.edu
Sanford Levinson
slevinson at law.utexas.edu
David Luban
david.luban at gmail.com
Gerard Magliocca
gmaglioc at iupui.edu
Jason Mazzone
mazzonej at illinois.edu
Linda McClain
lmcclain at bu.edu
John Mikhail
mikhail at law.georgetown.edu
Frank Pasquale
pasquale.frank at gmail.com
Nate Persily
npersily at gmail.com
Michael Stokes Paulsen
michaelstokespaulsen at gmail.com
Deborah Pearlstein
dpearlst at yu.edu
Rick Pildes
rick.pildes at nyu.edu
David Pozen
dpozen at law.columbia.edu
Richard Primus
raprimus at umich.edu
K. Sabeel Rahmansabeel.rahman at brooklaw.edu
Alice Ristroph
alice.ristroph at shu.edu
Neil Siegel
siegel at law.duke.edu
David Super
david.super at law.georgetown.edu
Brian Tamanaha
btamanaha at wulaw.wustl.edu
Nelson Tebbe
nelson.tebbe at brooklaw.edu
Mark Tushnet
mtushnet at law.harvard.edu
Adam Winkler
winkler at ucla.edu
Compendium of posts on Hobby Lobby and related cases
The Anti-Torture Memos: Balkinization Posts on Torture, Interrogation, Detention, War Powers, and OLC
The Anti-Torture Memos (arranged by topic)
Recent Posts
Terrorist Surveillance Program . . . Never Mind? Or New and Improved (and "Complex and Innovative")?
Wednesday, January 17, 2007
Terrorist Surveillance Program . . . Never Mind? Or New and Improved (and "Complex and Innovative")?
Marty Lederman
Hmmmmm . . . this is a twist. The President has "determined not to reauthorize the Terrorist Surveillance Program when the current authorization expires," and the Department of Justice will now submit its surveillance applications to the FISA Court for approval. Indeed, this volte-face apparently is the result of the fact that DOJ has convinced a FISA judge to issue "innovative and complex" orders in one precedential case already. So says a new letter from the AG to Senators Leahy and Specter.
Does this development moot those cases?
Doesn't this seem like one of those cases where voluntary cessation won't suffice to moot the issues, since the administration could recommence the contested practices at any time?
Can the plaintiffs argue against mootness on the basis that the program can be just as easily restarted as it has been stopped (if so), and that lacking a court ruling against the program, the plaintiffs suffer essentially the same harm as if it was being actively pursued?
Prof. Lederman:
(That's not quite the statutory standard, which requires that the target of the intercept be such an agent, and also that "each of the facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power.")
You're conflating the 50 USC § 1801(f) definitions of what constitutes electronic surveillance (which, later in the FISA law are required to be conducted pursuant to FISA warrants) with the exceptions to the court order requrements spelled out in 50 USC § 1802.
Two separate situations: If the physical intercept takes place domestically, or the "target" is a "U.S. person" within the UNited States, it's an "electronic surveillance". Notwithstanding the court order requirement for such "electronic surveillances", 50 USC § 1802 abrogates the "gentleman's rule": Spying on foreign powers' internal communications (which is essentially what 50 USC § 1802 covers, regardless of locus) is okey-dokey; we will read their mail if we can.
Just to be clear about it.
Professor Balkin:
This is an interesting development.
The TSP reportedly involves international calls where one end of the call is a telephone number captured from al Qaeda.
The problem with obtaining a FISA warrant under the statutory language is that you would need probable cause to believe that the target of this surveillance is an agent of al Qaeda. The mere fact that the telephone number was captured from an al Qeada member does not usually provide probable cause to believe that the user of that number of the person being called is al Qaeda. It could be bin Laden's favorite falafel maker.
Thus, the Administration must have convinced the FISA court to interpret the statutory language very loosely to find that captured telephone numbers generate probable cause that the user is al Qaeda.
One would think that the ACLU case has been mooted to the extent that it seeks an injunction against future surveillance outside of the FISA court. However, are they seeking damages for past activities outside of FISA?
I believe that the language Prof. Lederman is quoting, correctly, is from 50 USC 1804(a)(4)(B), which describes part of the requirements on the government for applying for a FISA court order.
JaO (and Prof. Lederman):
Yes, IC you're right. Mea Culpa ... particularly to Prof. Lederman. I had confused the "facilities or places at which the electronic surveillance is directed is being used, or is about to be used, by a foreign power or an agent of a foreign power" with the 50 USC § 1802 language ("the acquisition of technical intelligence, other than the spoken communications of individuals, from property or premises under the open and exclusive control of a foreign power, as defined in section 1801 (a)(1), (2), or (3) of this title").
Prof. Lederman gave the standards for obtaning the court order (when such a court order is legally required). But other sections cover whether such a court order is legally required in the first place, which had been the bone of contention (in not applying to FISA courts, the evidentiary standard was irrelevant). 50 USC §§ 1801-02 cover the situations which constitute "electronic surveillance" and the exceptions to the court order requirement for such.
50 USC § 1804 delineates the requirements (assuming the court finds the requisite "probable cause" as per 50 USC § 1805) for "targets" for FISA court approved surveillances (more specifically defined in 50 USC § 1801(), and prescribes minimisation measures to ensure that the surveillance is not overbroad and will not intercept too much unrelated content (other FISA sections deal with the handling of any unrelated content so acquired).
If indeed the DOJ has convinced the FISA court to use the standard "one of the communicants is a member or agent of Al Qaeda or an associated terrorist organization", it would seem the DOJ has convinced them to ignore FISA, and that hardly makes any such surveillances any the more legal. So it's possible that, while acknowledging the legal requirement for FISA court orders they had previously rejected, the DOJ may still be flouting the FISA law. And it's also posisble that maladministration is still doing what they were doing WRT not getting FISA warrants for the dicier snoops, but just not telling anyone about it.
Beautiful quote from the Corner that captures about all: for Bush it is all about executive power. They will backtrack and negate all previous arguments in order to avoid (judicial) overview.
But I'll bet you, the Corner will be back bashing that defeatist democrat party tomorrow.
I love all the partisans on both sides talking past one another.
To the left, Mr. Bush is some sort of monarch exercising absolute executive authority.
To the right, Mr. Bush is a weak President capitulating left and right on matters of constitutional principle.
Folks, its pretty plain by looking at his actions that Mr. Bush is and always has been a pragmatist who does what it takes to get what he wants.
In this case, it appears that the FISA court is now giving the Administration nearly everything it previously obtained through the TSP, so why pick a fight with a Dem Congress and the Courts when you have already won? Save your political capital for fights which are still undecided.
Bart might be right: Bush is a pragmatist without moral convictons. He's wrong about something too: he has no political capital and is surely not gaining capital by promosing to start abiding the law.
The question remains, Bart, if FISA Court is giving President Bush what he wanted, why didn't he apply to the court in the first place? Or why didn't he ask for approval of the TSP as part of the PATRIOT Act? If you're not breaking the law in the first place, why not comply with procedure as the law requires?
The National Review reaction raises extremely interesting questions, and not only about Bush's seriousness. (Re Bart's posting, incidentally, it's not really a contradiction to view Bush as a monarch and a weak-kneed pragmatist at the same time: The essence of monarchical power is precisely the ability to act arbitrarily, without needing to offer persuasive accounts. I think that all of us, regardless of our ordinary politics, can agree that Bush excels in at least this attribute of monarchy.)
But I think the deepest point raised by the National Review posting has to do with whether we expect public lawyers (put presidents to one side) to be sincere (for lack of a better word) when they claim that some limitation on ordinary rights is justified by a "compelling state interest," including the "highest interests of national security." I wrote an article quite a few years ago suggesting that state and federal attorneys general must in fact believe that such incursions on liberty can pass the test; they cannot merely "pretend," as it were, to the Court that that is the case.
Nor, I think, can they simply take the word of non-lawyer civilians that the standards are met.
Or, put it this way: If courts should in fact defer at all to claims by the state (including the national government) that the highest interests are presented in a given case, then courts should be able to rely on a filtering process by the state's lawyers. If they are merely mouthing words (especially if those words involve things like "the president knows things you don't"), then the courts ought give no particular deference to the state.
The Bush Justice Department is rife with issues as to what "professional responsibility" really is in the modern post-Sept. 11 era.
Enlightened Layperson said...
The question remains, Bart, if FISA Court is giving President Bush what he wanted, why didn't he apply to the court in the first place? Or why didn't he ask for approval of the TSP as part of the PATRIOT Act? If you're not breaking the law in the first place, why not comply with procedure as the law requires?
At the time the TSP was implemented, it appears that the FISC was not going to provide warrants for the surveillance. Indeed, I do not see how they could based on the reported parameters of the TSP and the statutory probable cause language.
Based on their testimony before the Specter Committee, the FISC judges simultaneously thought that FISA review was a good idea but the President had the authority to perform the surveillance without such review.
Therefore, it is not at all surprising to find that the FISC agreed to a far more expansive interpretation of the FISA statutory probable cause requirements in order to deal themselves back into the program to provide oversight.
Professor Kerr has a good take on the judo move Bush appears to have just pulled off.
For such a stupid, lame duck maladministrator without political capital, Mr. Bush manages to out fox his allegedly far more intelligent political opponents time after time.
it's not really a contradiction to view Bush as a monarch and a weak-kneed pragmatist at the same time
Charles I was a perfect example of this. He was stubborn without being principled, so he ended up betraying his friends as much as his enemies. At the end, no one could trust him.
Like the NRO, I would have preferred to see Mr. Bush win outright in the Courts and reverse the unconstitutional parts of FISA.
I would have especially liked to see Judge Taylor's baseless political opinion against the TSP slapped down rudely by the 6th Circuit.
We do not always get what we want, though, although Mr. Bush seems to get most of what he wants.
Bart: ...when you have already won
Baldly asserting that which was in question must work well in DUI practice, 'cause you can't seem to stop trying it. Folks here tend to want legitimate support for points like this, and you have none to offer. For someone who claims to be non-partisan you sure do back Bush to the bitter end, crowing victory even while others see him wimpering away with tail between his legs.
The rest of the deleted comment has been moved to this post.
De Palma... For such a stupid, lame duck maladministrator without political capital, Mr. Bush manages to out fox his allegedly far more intelligent political opponents time after time.
I agree with Anne's comment @ 6:17, but if you wish to engage in Bush "puffery" and myth making it won't suprise anyone.
It could be Alfred E. Newman in the Oval Office, or even you, De Palma. This is contrived and executed by the extremist whiz kids from the Federalist Society and experienced political knife fighters like Cheney's camp.
"For such a stupid, lame duck maladministrator without political capital, Mr. Bush manages to out fox his allegedly far more intelligent political opponents time after time."
Ha. As if Bush had anything to do with this -- this has David Addington's fingerprints all over it, with Cheney's signature.
They are gaming the courts in order to obstruct justice, as usual. Visualize the witches in Macbeth and you won't be far wrong.
Bart: ...Judge Taylor's baseless political opinion...
Hmm. Sitting judge or DUI attorney. I wonder who's opinion I'm going to take seriously. And before you whine, "ad hominem! ad hominem", we're talking inductive reasoing here, so speaker credibility is just one more relevant fact for making our decisions.
Thanks for playing, here's your consolation prize...
Leaving Minnesota for Colorado, I decide to make a stop at one of those rest areas on the side of the road. I go in the washroom. The first stall was taken so I went in the second stall. I just sat down when I hear a voice from the next stall...
- "Hi there, how is it going?"
Okay, I am not the type to strike conversations with strangers in washrooms on the side of the road. I didn't know what to say so finally I say:
- "Not bad..."
Then the voice says:
- "So, what are you doing?"
I am starting to find that a bit weird, but I say:
- "Well, I'm going back to Colorado..."
Then I hear the person say all flustered:
- "Look I'll call you back, every time I ask you a question this idiot in the next stall keeps answering me."
@Bart: Two more that are waiting on answers:
What is so wrong with prohibiting state racial discrimination of one race against another? Nothing. It is a great idea and a great ideal, which is probably why the 1964 Civil Rights law was passed in the first place.
Truly, this post didn't read, to me, like you are experiencing any conflict in your opinions. It reads like you want someone to argue a position you have prepared for them.
You have been accused by others of slinking away from losing arguments, of surfing the blogger attention span to your illegitimate benefit. Here's your chance to prove folks wrong, at least on that particular count. How about it?
Somewhat unexpected from somebody like Gonzalez I guess, but the were signs already that people in DoJ figured they are in trouble after the November election.
One example -- they agreed to pay 2 millions in damages to B. Mayfield for what the FBI did to him despite strong objections from that agency. That was highly unusual given that the US government almost never compensates victims of its own misconduct.
The political winds are blowing the other way and they are adjusting accordingly.
The DoJ remains however an aberration that this country will have to do something about sooner or later. There exists NO other modern European democracy where a government agency dealing with "justice" would be as politicized as our own DoJ.
If you have any doubts read letters Alito wrote to Meese when he was trying to land a job with DoJ.
Ideological servility of the most unprincipled, unpleasant kind.
Or consider the fact that there exist no effective way to prosecute high level members of US security apparatus in this country -- Hoover, Mueller and like are outside the reach of any US attorney -- and contrast that with recent successful prosecution (including arrests!) of such people in Italy.
Bringing some elements of domestic spying/survailance systems under a nominal control of FISA court is unquestionably a step in right direction.
The Congress however should make that control meaningful, under present legal/statutory regime the control is illusory, FISA judges are EXPLICITLY prohibited from investigating or even questioning anything the FBI/NSA/DoD/SS etc submit in support of their applications.
This has to change as soon as possible if that court is to be something more than a shameful charade.
JT Davis said...
It could be Alfred E. Newman in the Oval Office, or even you, De Palma. This is contrived and executed by the extremist whiz kids from the Federalist Society and experienced political knife fighters like Cheney's camp.
Forgive me if I take this latest name calling with a rather large grain of salt. I have been hearing liberals calling conservatives "neanderthals," "stumblers," "amiable dunces," and just plain "stupid" for going on 40 years now. Then libs explain their losses to these parade of "fools" by engaging in conspiracy theories about evil geniuses standing behind the curtain and pulling the strings.
In any contest, misunderestimating your opponent is generally fatal.
I'm sorry. I appear to have upset you again.
You have to offer some questions before I can provide you with answers. Instead, in your two linked posts, you made a run on series of statements in response to my posts.
Is there a question you wanted to pose?
If we can get past the name calling and partisan sniping for a moment and get back to the subject at hand...
There could be another reason why the Administration wants to have the TSP surveillance in its entirely blessed by a FISA warrant apart from wanting to avoid fights in Congress and in the Courts. Justice may want any evidence gathered under this surveillance to be admissible in criminal court.
Prior to FISA, the court of appeals in United States v. Truong Dinh Hung, 629 F.2d 908 (4th Cir. 1980), held that evidence gathered under warrantless surveillance conducted primarily for intelligence gathering could be admitted as evidence in a criminal prosecution of the target. However, once Justice got involved in the surveillance, the court considered the primary purpose of the surveillance to be for criminal prosecution and the surveillance then required a warrant to be admissible as evidence.
If the entire TSP falls under a blanket FISA warrant, then Justice can be involved and the resulting evidence is arguably admissible under the Truong standard.
I agree that this is a positive delopment regardless of the cause, but I'm disappointed that it will probably halt the legal challenges to the NSA wiretapping program. The timing of the administration's decision, just a couple of weeks before 6th Circuit oral arguments in the ACLU v. NSA lawsuit, makes me think that the decision is part of the Administration's strategy to dodge judicial review of its own broad claims of inherent executive authority. At some point I hope that the courts get to pass judgment on--and reject--many of those claims
The White House cover story doesn't compute. If DOJ had been wrangling with the FISA court over legal standards it would surely have gone to Congress for help. Congress offered time and again to relax standards as needed – even did so – and the issue can't have been purely constitutional, "purely" in the sense that not even legislative action would have made a difference.
We thus are asked to believe that the Bush White House set out on a five-year mission: to win judicial hearts and minds under 1978 standards. Standards that Bush publicly slimed as outmoded.
Who do they think they're kidding?
De Palma... In any contest, misunderestimating your opponent is generally fatal.
"Misunderestimating" your ability to grasp irony is not generally fatal but provides one with a good belly laugh, restricting oxygen to the brain. Neither Ronald Reagan nor George W. Bush were ever more than malleable and electable. Most folks here are discerning enough to know who the real "Mayberry Machiavellis" are, and the threat they pose to democracy and liberty.
Overestimating an opponent, or just not knowing him, or yourself, at all, can prove just as fatal and this is where this crowd have put us all at great risk.
Know thy enemy and know thyself, find naught in fear for 100 battles. Know thyself but not thy enemy, find level of loss and victory. Know thy enemy but not thyself, wallow in defeat every time.
Sun Tzu
DePalma said...
Is there a question you wanted to pose?
Bart: What is the hurry? These detainees are in for the duration of the war.
"Bart (commenting on the fate of persons held in Gitmo): Given this will most likely be a multi generational conflict like the Cold War, th[ese] detention[s] [are] effectively a life sentence. Thus, the only reason to go through a trial is to impose a death sentence."
"Bart (commenting on the lack of protections for the innocent in the MCA: My family has my birth certificate and can personally testify as to my citizenship."
You often seem to benefit, after a fashion, from the slightly skewed attention span afforded by this medium; it allows you to dodge hard questions. Sadly for you there's always cut-and-paste of your inanities to remind old hands and warn new readers exactly what kind of thinker we're dealing with here.
Here's a question you never have answered: Which words in the text of MCA preclude it being our own Nacht und Nebel? You spent quite a bit of time fighting other fights but somehow never got around to answering this. Could it be because the answer is, "Nothing"? Woudn't an honest man be able to say so?
# posted by Robert Link : 7:31 PM
I am grateful to Robert (and Arne before him) for taking the time and making the effort to illuminate your modus operandi and manipulation of the medium, as well as the weakness of your arguments, for the casual reader and less enlightened layperson. Many questions have been posed that you have never responded to and those of us who are familiar with you know you are not likely to. Surprise us.
@JT Davis: I'm quite sure that if someone would take the time to dig into the archives of balkanization, one would find that what Bart is now describing as a cunning victory for the president, was seen by him as a defeat that would endanger the safety of all US citizens.
Before you start speaking for robert, you might want to first check his links and then review all the the prior times I have answered his unlinked little horror show hypothetical about the White House disappearing me. Robert is certain that he has made a brilliant point with that hypothetical and just does not want to accept no for an answer. I laid out exactly how lawyers on my behalf would proceed under the current law.
I wouldn't presume to speak for Robert, De Palma. He speaks well enough for himself. I only said I appreciated what he and Arne, and others do here and elsewhere and repeated what he said. I'm glad I don't have to speak to you. This is about as close to you as I'd want to get. That's not meant to be cruel or hurtful, it's just a statement of fact.
I have seen his weathervaning (or flip-flopping), and seen the De Palma claiming that Baghdad was a safer city than Detroit, or some such similar nonsense. I have some very conservative friends whom I respect immensely yet disagree with often. One who came out of retirement (a hard core Vietnam era USMC Gunnery Sgt.) to work as a private contactor in Iraq, so I know real conservatives who have been there. Their opinion of De Palma is that he is simply quite deranged. They call it Bush Derangement Syndrome, although that's not what Charles Krauthammer had in mind.
@JT Davis: Talking about reasonable people makes me wonder, what happened to humblelawstudent. Anyone any ideas?
Bart: ...you might want to first check his links and then review all the the prior times I have answered his unlinked little horror show hypothetical about the White House disappearing me.
This, in turn, is a flat-out lie. I have asked repeatedly for text from the MCA, you have repeatedly dodged with various nonsensical retreats. And in this self-same comment thread I repeated the question, "Which words in the text of MCA preclude it being our own Nacht und Nebel?" You never answer with the words of the MCA, because you can't. Neither, apparently, can you admit as much. Your claim that I haven't asked a question, here or elsewhere, or that you have already answered is nothing short of a lie. It ill becomes you, this dishonesty, this cowardice.
@JT Davis: Talking about reasonable people makes me wonder, what happened to humblelawstudent. Anyone any ideas?
Back to classes? That would be my guess. Perhaps he will pop in over the weekend.
"Bart" DePalma says:
Folks, its pretty plain by looking at his actions that Mr. Bush is and always has been a pragmatist who does what it takes to get what he wants.
Most people spell that "crook".
Prof. Levinson said:
But I think the deepest point raised by the National Review posting has to do with whether we expect public lawyers (put presidents to one side) to be sincere (for lack of a better word) when they claim that some limitation on ordinary rights is justified by a "compelling state interest," including the "highest interests of national security." I wrote an article quite a few years ago suggesting that state and federal attorneys general must in fact believe that such incursions on liberty can pass the test; they cannot merely "pretend," as it were, to the Court that that is the case.
As I posted on my blog, Gonzales very recently made the declaration once again that matters of "national security interest" are too complicated and fact-intensive for judges to decide on, and we ought to give the preznit free rein in making such decisions. This is nonsense given the abysmal record of the maladministration on such "antional security interest" matters, but in addition, it is the judges who are more knowledgeable about the tradeoffs between "national security interest[s]" on the one hand, and civil rights and the rule of law on the other. "Necessity" is not some absolute; if it were, we'd be "of necessity" a totalitarian police state. The Constitution itself makes tradeoffs between "security" and liberty in a number of areas, and interpretation of the Constitution and the laws is the prvince, in the end, of the judiciary.
"Bart" DePalma engages in misrepresentation:
Based on their testimony before the Specter Committee, the FISC judges simultaneously thought that FISA review was a good idea but the President had the authority to perform the surveillance without such review.
They ("simultaneously") said no such thing. This is a gross mischaracterisatin of their testimony (not to mention one of the "FISC judges" "Bart" is alluding to wasn't even a FISC judge; not to mention this was hardly a canvass of all the FISC judges).
"Bart" DePalma says:
If the entire TSP falls under a blanket FISA warrant, then Justice can be involved and the resulting evidence is arguably admissible under the Truong standard.
Ummmm, I'm curious: What is a "blanket FISA warrant"? Anything like a ... ummm, oh, let's see ... "general warrant"? ;-)
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Books by Balkinization Bloggers
Mark A. Graber, Punish Treason, Reward Loyalty: The Forgotten Goals of Constitutional Reform after the Civil War (University of Kansas Press, 2023)
Jack M. Balkin, What Roe v. Wade Should Have Said: The Nation's Top Legal Experts Rewrite America's Most Controversial Decision - Revised Edition (NYU Press, 2023)
Andrew Koppelman, Burning Down the House: How Libertarian Philosophy Was Corrupted by Delusion and Greed (St. Martin's Press, 2022)
Gerard N. Magliocca, Washington's Heir: The Life of Justice Bushrod Washington (Oxford University Press, 2022)
Joseph Fishkin and William E. Forbath, The Anti-Oligarchy Constitution: Reconstructing the Economic Foundations of American Democracy (Harvard University Press, 2022)
Mark Tushnet and Bojan Bugaric, Power to the People: Constitutionalism in the Age of Populism (Oxford University Press 2021).
Mark Philip Bradley and Mary L. Dudziak, eds., Making the Forever War: Marilyn B. Young on the Culture and Politics of American Militarism Culture and Politics in the Cold War and Beyond (University of Massachusetts Press, 2021).
Jack M. Balkin, What Obergefell v. Hodges Should Have Said: The Nation's Top Legal Experts Rewrite America's Same-Sex Marriage Decision (Yale University Press, 2020)
Frank Pasquale, New Laws of Robotics: Defending Human Expertise in the Age of AI (Belknap Press, 2020)
Jack M. Balkin, The Cycles of Constitutional Time (Oxford University Press, 2020)
Mark Tushnet, Taking Back the Constitution: Activist Judges and the Next Age of American Law (Yale University Press 2020).
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Acyclovir by Aidarex Pharmaceuticals Llc is a white rou about 11 mm in size, imprinted with 791. The product is a with active ingredient(s) .
Active Ingredient(s):
Inactive Ingredient(s):
Aidarex Pharmaceuticals Llc
Product Type:
Dosage Form:
Imprint: 791 What is the Imprint?
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Product Packages
|NDC Package Code
|Package Description
|15 TABLET in 1 BOTTLE
|21 TABLET in 1 BOTTLE
|25 TABLET in 1 BOTTLE
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Pill Identification data last updated on: December, 2018
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Whitfield v. Social Security Administration
Filing 17
JUDGMENT pursuant to 16 Memorandum and Order, it is considered, ordered, and adjudged that the final determination of the Commissioner is affirmed and Plaintiff's case is dismissed with prejudice. Signed by Magistrate Judge Jerome T. Kearney on 4/2/2014. (jak)
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It can be shocking and upsetting to learn that your child has gotten in trouble for picking on others or been labeled a bully.
As difficult as it may be to process this news, it's important to deal with it right away. Whether the bullying is physical or verbal, if it's not stopped it can lead to more aggressive antisocial behavior and interfere with your child's success in school and ability to form and sustain friendships.
Understanding Bullying Behavior
Kids bully for many reasons. Some bully because they feel insecure. Picking on someone who seems emotionally or physically weaker provides a feeling of being more important, popular, or in control. In other cases, kids bully because they simply don't know that it's unacceptable to pick on kids who are different because of size, looks, race, or religion.
In some cases bullying is a part of an ongoing pattern of defiant or aggressive behavior. These kids are likely to need help learning to manage anger and hurt, frustration, or other strong emotions. They may not have the skills they need to cooperate with others. Professional counseling can often help them learn to deal with their feelings, curb their bullying, and improve their social skills.
Some kids who bully at school and in settings with their peers are copying behavior that they see at home. Kids who are exposed to aggressive and unkind interactions in the family often learn to treat others the same way. And kids who are on the receiving end of taunting learn that bullying can translate into control over children they perceive as weak.
Helping Kids Stop Bullying
Let your child know that bullying is unacceptable and that there will be serious consequences at home, school, and in the community if it continues.
Try to understand the reasons behind your child's behavior. In some cases, kids bully because they have trouble managing strong emotions like anger, frustration, or insecurity. In other cases, kids haven't learned cooperative ways to work out conflicts and understand differences.
Be sure to:
* Take bullying seriously. Make sure your kids understand that you will not tolerate bullying at home or anywhere else. Establish rules about bullying and stick to them. If you punish your child by taking away privileges, be sure it's meaningful. For example, if your child bullies other kids via email, text messages, or a social networking site, dock phone or computer privileges for a period of time. If your child acts aggressively at home, with siblings or others, put a stop to it. Teach more appropriate (and nonviolent) ways to react, like walking away.
* Teach kids to treat others with respect and kindness. Teach your child that it is wrong to ridicule differences (i.e., race, religion, appearance, special needs, gender, economic status) and try to instill a sense of empathy for those who are different. Consider getting involved together in a community group where your child can interact with kids who are different.
* Learn about your child's social life. Look for insight into the factors that may be influencing your child's behavior in the school environment (or wherever the bullying is occurring). Talk with parents of your child's friends and peers, teachers, guidance counselors, and the school principal. Do other kids bully? What about your child's friends? What kinds of pressures do the kids face at school? Talk to your kids about those relationships and about the pressures to fit in. Get them involved in activities outside of school so that they meet and develop friendships with other kids.
* Encourage good behavior. Positive reinforcement can be more powerful than negative discipline. Catch your kids being good — and when they handle situations in ways that are constructive or positive, take notice and praise them for it.
* Set a good example. Think carefully about how you talk around your kids and how you handle conflict and problems. If you behave aggressively — toward or in front of your kids — chances are they'll follow your example. Instead, point out positives in others, rather than negatives. And when conflicts arise in your own life, be open about the frustrations you have and how you cope with your feelings.
Starting at Home
When looking for the influences on your child's behavior, look first at what's happening at home. Kids who live with yelling, name-calling, putdowns, harsh criticism, or physical anger from a sibling or parent/caregiver may act that out in other settings.
It's natural — and common — for kids to fight with their siblings at home. And unless there's a risk of physical violence it's wise not to get involved. But monitor the name-calling and any physical altercations and be sure to talk to each child regularly about what's acceptable and what's not.
It's important to keep your own behavior in check too. Watch how you talk to your kids, and how you react to your own strong emotions when they're around. There will be situations that warrant discipline and constructive criticism. But take care not to let that slip into name-calling and accusations. If you're not pleased with your child's behavior, stress that it's the behavior that you'd like your child to change, and you have confidence that he or she can do it.
If your family is going through a stressful life event that you feel may have contributed to your child's behavior, reach out for help from the resources at school and in your community. Guidance counselors, pastors, therapists, and your doctor can help.
Getting Help
To help a child stop bullying, talk with teachers, guidance counselors, and other school officials who can help you identify situations that lead to bullying and provide assistance.
Your doctor also might be able to help. If your child has a history of arguing, defiance, and trouble controlling anger, consider an evaluation with a therapist or behavioral health professional.
As difficult and frustrating as it can be to help kids stop bullying, remember that bad behavior won't just stop on its own. Think about the success and happiness you want your kids to find in school, work, and relationships throughout life, and know that curbing bullying now is progress toward those goals.


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End-User License Agreement (EULA) Of From The Earth California
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If you register for a free trial of the From The Earth California software, this EULA agreement will also govern that trial. By clicking "accept" or installing and/or using the From The Earth California software, you are confirming your acceptance of the Software and agreeing to become bound by the terms of this EULA agreement.
If you are entering into this EULA agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority or if you do not agree with the terms and conditions of this EULA agreement, do not install or use the Software, and you must not accept this EULA agreement.
This EULA agreement shall apply only to the Software supplied by From The Earth herewith regardless of whether other software is referred to or described herein. The terms also apply to any From The Earth updates, supplements, Internet-based services, and support services for the Software, unless other terms accompany those items on delivery. If so, those terms apply.
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You are permitted to load the From The Earth California software (for example a PC, laptop, mobile or tablet) under your control. You are responsible for ensuring your device meets the minimum requirements of the From The Earth California software.
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3:01pm: Darnel Nurse is returning to gametime action today. I'm not sure how I feel about that. Is it too early? Will he be able to meaningfully contribute or does he need more time? I have to say in all honesty that the odds of the Oilers winning today have just dropped a bit.
3:02pm: Oilers pun-master Gene Principe turns 50 years old today. I'm not sure how I feel about that. Should his hair still look like that? Will he be able to meaningfully contribute? I have to say in all honesty that the odds of the Oilers winning today have just increased a bit.
3:04pm: Rogers Hometown Hockey is coming from Nanaimo, B.C. where Rogers is showing us various images from the Land That Winter Forgot. Ron McLean just name-dropped Sylvan Lake. Good boy, Ron. Gene Principe brings up Oscar...Klefbom...to remind us about the 89th Academy Awards on tonight. Bad boy, Gene.
3:06pm: A little...girl...is at the rink as the anthem singer does the national anthems. I like watching games in the States because it means they don't try signing in Frog-Talk halfway through. This guy keeps sounding like he's getting the words wrong but isn't...he even did the "in all thy son's command" bit correctly.
3:09pm: They are doing a vignette of the Nashville Predators visiting cancer-ridden children in hospitals. They don't show Subban in a Montreal hospital, unsurprisingly.
3:10pm: This story about Michelle is heartbreaking, by the way. This week she hopes to find out the cancer in both of her lungs is getting smaller or whether she needs to book more prayer time.
1st period, 18:31: In one corner, the Edmonton Oilers (33-21-8 overall, 18-11-5 on the road). They are coming off a loss to Washington on Friday and have gone 5-5-0 in their last ten games.
1st period, 16:21: Draisaitl and McDavid with a nifty play at the net which almost works. Be ready to see a lot of that.
1st period, 15:45: In the other corner, the Nashville Predators (30-22-9 overall, 18-7-7 at home). They are coming off a win against Washington yesterday in what has to be one of the weirder bits of scheduling this season. They are 5-4-1 in their last ten games. In other words, these teams are well-matched.
1st period, 15:46: Too Many Men penalty coming up against Edmonton.
1st period, 15:05: Ellis scores on the PP. 1-0 for the bad guys.
1st period, 14:37: McDavid comes right back with a beautiful wrister from right in front of the net.
1st period, 14:15: The rink announcer is announcing the scoring for the Nashville goal. The crowd just isn't in it.
1st period, 14:03: Nuge gets a breakaway and fires at the net in closer range. Rinne is ready for it though. Because it's Ryan Nugent-Hopkins.
1st period, 13:50: The McDavid goal was his first one since Chicago over a week ago, and that was an empty-netter.
1st period, 13:17: Matt Hendricks tries a similar play to McDavid. But he's not McDavid, so Nashville was able to successfully defend against it.
1st period, 11:15: The Nuge-Lucic-Eberle line is outclassed (as so often happens) and they have difficulty keeping possession in that last play.
1st period, 10:53: Le Test Tube crashes into PK Subban. Both players appear unharmed.
1st period, 9:51: Hendricks knocks a Pred down pretty aggressively. A kid in the front row wants a penalty but he won't get one.
1st period, 8:59: With a little over half the period played, the Oilers are definitely out-chancing the Predators, and in most cases are able to keep up with Nashville's more physical style. Meanwhile, the Flames game is still on Sportsnet West and therefore I'm stuck watching commercials for the BC Liberal Party.
1st period, 8:51: Drew's little story is about how Connor McDavid and Darnel Nurse are able to get along...despite one being "from Hamilton" and another being "from the Toronto area". Uh, Hamilton is in the Toronto area. I've driven the Gardiner before. It's a 20 minute drive in no traffic.
1st period, 7:52: Eberle with a weak cross-ice pass to nobody. Now Nashville regains possession. Nice work, Jordan.
1st period, 7:20: The Calgary game is over and I can't change to Sportsnet West fast enough.
1st period, 6:19: James Neale with a rare Nashville shot on goal. Talbot is ready for it.
1st period, 5:49: Neale picks the puck away from Hendricks and almost scores on the resulting play.
1st period, 5:37: Kris Russel with a roughing penalty, and Nashville is about to get its second power play. In other words, be ready for the Oilers to give up another goal sometime in the next 5 minutes.
1st period, 5:26: Yep, there it is. Philip Forsberg rifles a shot from the dot in the right circle and beats Talbot glove side. 2-1 Predators.
1st period, 4:52: This time the crowd is excited to hear about their team scoring a goal. McDavid doesn't silence the crowd like he did the last time.
1st period, 4:09: Oh good, it's about to be 3-1 for Nashville. Lucic just got a 2-minute minor for tripping.
1st period, 3:24: The Oilers have successfully killed off 45 seconds of a Nashville power pay. New record!
1st period, 2:35: There's hope for these guys yet. McDavid sends it down ice and 1:30 of powerplay killed off.
1st period, 2:08: Oilers kill off the penalty! Wow!
1st period, 1:54: Oilers come close to giving up a goal anyways. Still 2-1 for Nashville.
1st period, 1:17: I thought McDavid had a clever new move he was debuting, but he poked the puck directly to Pekke Rinne and Nashville comes back up the ice.
1st period, 0:37: Fisher almost scores but Nurse is there. He's actually having a good game defensively.
1st period, 0:16: The trade deadline is coming on Wednesday. It'll be boring as watching moose shit dry, but broadcasters keep insisting GMs are "on their phones non-stop".
1st period, 0:00: If this whole game was 5-on-5, the Oilers would be holding onto the lead right now. Instead, they trail by one.
3:51pm: A nice wide shot of Nanaimo on Hometown Hockey. Green grass and no sign of ice on the water. That's just wrong, BC.
3:57pm: Ron McLean is chatting with Kirk McLean in a 'Nucks jersey about Devan Dubnyk, who he used to coach in juniors. Just as the segment gets interested, Tara Sloan interrupts to go back to Gene Principle and that Scotiabank commercial with the two asian kids.
2nd period, 18:38: Rinne misplays a routine puck sliding in his direction, and is forced to cover it up before he makes a bad situation worse.
2nd period, 17:48: Another wasted opportunity by the Nuge-Lucic-Ebs line, Nuge tries to pass to Lucic between two defenders and instead Nashville is able to come back up the other way.
2nd period, 16:28: Nugent-Hopkins has gone to the dressing room for an unknown reason.
2nd period, 15:51: Nashville has definitely found another gear, they are generally out-cycling an out-playing the Oilers.
2nd period, 15:36: And there they go again: a quick transition up the ice, they have more speed than the Oilers and come close to scoring. Talbot has to make a quick save.
2nd period, 15:39: An error on the clock, so 3 more seconds are added to game-time.
2nd period, 15:15: Caligula with a great poke move that forces Rinne far out of his net to run into Kassian, but the Oilers can't capitalize.
2nd period, 14:43: Subban with the first Nashville penalty, 2 minutes for interference on Eberle.
2nd period, 13:37: Appropriate for this time code, Klefbom with a l33t shot on net after a nifty board pass from McDavid.
2nd period, 13:02: Eberle, Maroon, and Caligula combine for a couple of nifty plays in front of the net. Still 2-1 Nashville.
2nd period, 12:31: 3-1 Nashville after a quick post-penalty-kill goal by Vernon Fiddler. It's only his second of the season. The Oilers are notorious for giving confidence-boosts to opposing players suffering from lengthy droughts.
2nd period, 11:19: "Goes cross-ice looking for Russel". The jokes just write themselves, sometimes.
2nd period, 10:25: The Oilers D-men are doing a good job cycling and getting a hold of the puck, giving McDavid and company a few good opportunities to capitalize. Unfortunately, they don't.
2nd period, 9:38: Fisher comes in at the net full force and fires a shot that Tablot gloves with relative ease.
2nd period, 9:31: The Oilers are showing a little more sign of life in the middle third of the second period, something they haven't really shown since the second Nashville goal. They need to keep their speed up and force Nashville to play more of their style. Win or lose, it's their best chance. Keep this a slow and physical game and the Preds will stomp them, especially if Nashville continues to skate at a faster place than the Oilers.
2nd period, 8:36: The Le Test Tube line had a good shift in the Nashville zone, except that numerous cases featured Caligula and Kassian being busy tied up with an opposing player when they should have been looking for the puck. In each case, the puck dribbles past instead of becoming a scoring opportunity.
2nd period, 7:24: Meanwhile the McDavid line does a few nifty moves but never is particularly threatening.
2nd period, 7:11: James Neale was just more scary than the last two minutes of Oilers possession in the opposing zone.
2nd period, 6:35: Now it's Nashville's turn to draw a Too Many Men penalty on an awkward change. An even more awkward joke about how the NHL used to be 9-on-9. There weren't 9 players on the ice, Drew.
2nd period, 5:48: Lucic scores a tip-in after McDavid does a lot of nifty moves and then fires the puck at the scrum of folks in front of the net. 3-2 for Nashville.
2nd period, 5:37: My spacebar is sticking, so apologies for any formatting weirdness between now and the conclusion of this liveblog.
2nd period, 5:23: That Shanks promotion sounds fun. April in San Jose sounds much nicer than April in Edmonton. I might just have to sign up.
2nd period, 4:39: Goal? No goal? The horn sounds but play is continuing. This is gonna be reviewed. There's also an upcoming Nashville penalty. I agree it's probably going to count.
2nd period, 4:24: Wilson's goal counts. 4-2 Nashville, and there will probably still be a penalty. Shouldn't the time change too?
2nd period, 4:39: It does. Time has been added back on the clock for the second time tonight.
2nd period, 3:51: Fisher is having a pretty good game too. Neale is scary as shit out there today. Why can't Oilers secondary scorers ever be scary like this?
2nd period, 3:35: Le Test Tube scores with a bullet from the top of the circle. 4-3 Nashville. Smith is back out of the penalty box after a post-"goal" tripping call that the American fans are very very confused by.
2nd period, 3:14: The aforementioned James Neale is going to the box for a Holding the Stick penalty. The frustration of Nashville for barely keeping ahead of a team they spent so much time out-classing today is starting to show.
2nd period, 3:00: McDavid with a nifty play almost gets Lucic a goal.
2nd period, 2:19: Draisaitl tries a move back to Klefbom from behind the goal line which fails and dribbles back the ice.
2nd period, 1:55: Nuge makes almost the exact same move.
2nd period, 1:45: Now Ebs and Nuge miscommunicate and cross the blue line in the wrong order, drawing an offside.
2nd period, 1:13: Fisher wins the draw in his own and the penalty is over.
2nd period, 1:00: EBS! He scores to tie up the game after a sloppy centring play from Sekera comes onto Eberle's stick at exactly the right time.
2nd period, 0:36: A "let's go Predators" call echos alone in the arena as Nashville tries to take a late-period lead and harmlessly shoots into the Brittany Webbing.
2nd period, 0:00: Oilers kill the time in the final 20 seconds of the period, and we go into the third period with a 4-4 tie.
5:04pm: Elliotte Friedman is on the line with Ron reporting that Ben Bishop is going to the LA Kings, and Hanzel is going to Minnesota. That's good news for Los Angeles, and insanely good news for the Wild. Elliotte also admits that this means Wednesday's trade deadline is going to be a bust. He's going to hear from a Rogers TV executive pretty soon...
5:05pm: After the fucking NDP are finished ruining this province, Dynacare won't be advertising about being the official medical imagers of the Edmonton Oilers on TV anymore.
5:07pm: It looks like this afternoon's game should finish right around 6pm. Just enough time to have an evening nap. I'm on my fifth beer since the game started (minus the 1/5th of a can I accidentally spilled all over my floor)
3rd period, 19:52: We're back underway, as the Oilers and Predators are tied 4-4 after two.
3rd period, 19:46: Kris Russel gets a 2-minute minor for hooking early in the period and getting the hot-as-hell Nashville powerplay another kick at the can.
3rd period, 19:15: Every time Benning touches the puck for a moment I get exicted thinking that we got Hemsky back.
3rd period, 18:41: Another PP goal, and the Predators take a 5-4 lead. Oilers leave the entire right side deserted, and Neale gets the assist. Oilers are going to challenge that there was an offside.
3rd period, 18:37: The Nashville arena played that stupid "Cellphone" song by Drake during the Coach's Challenge, instead of their usual country music. Somehow the goal still counts despite that flagrant foul. Martok during the challenge: "Come on. We have got fucked on that rule so much". 5-4 Nashville. Sportsnet has looked at the exact angle and declared it was a bad call.
3rd period, 18:17: Both teams are now well rested between the intermission and the call, so they respond with fast and physical play.
3rd period, 17:29: Right off the post!
3rd period, 17:23: Right off the post again!
3rd period, 16:21: Nurse goes offside as he tries to bring the puck into the Nashville zone all on his own instead of passing to a forward.
3rd period, 16:10: Icing call against Nashville, but the shifts weren't out very long. Won't matter much.
3rd period, 14:10: Caligula and Le Test Tube combined for a couple great poke attempts around the net there.
3rd period, 13:25: Great couple plays by the Oilers there to keep the puck trending in the right direction.
3rd period, 11:11: Talbot gives up a juicy rebound but so far no negative side effects.
3rd period, 10:38: Klefbom crosses the blue line and fires a wrister that Rinne stops. Nashville could have had a penalty if they had possession during a sloppy change.
3rd period, 10:03: McDavid and Forsberg are tied up following a weird drop pass McDavid did south of the dot in the circle. McDavid ends up offside.
3rd period, 9:28: Larsson and Klefbom trade sloppy passes and then the Klefbom fires the puck offside. Remember: Nashville played yesterday. Yet the Oilers are the ones who look exhausted and making sloppy passes.
3rd period, 8:07: Nashville continues to outskate and out-hussle the Oilers. Remember: Nashville played yesterday
3rd period, 7:52: Oilers take a break from passing to each other in their own end to buzz around Pekka Rinne who finally contains the puck. Still 5-4 for the Nashville Predators.
3rd period, 7:37: After a referee takes a break from bleeding from the mouth to get treated at the Nashville bench, play resumes. McDavid shoots from the low slot but Renne makes the save.
3rd period, 7:22: Ref Tim Peel is bleeding from the nose and his jersey is filthy. But he's a ref, it's allowed.
3rd period, 6:53: Eberle with a great chance but Rinne is ready for anything in this period.
3rd period, 6:17: Kassian almost scores! But he misses the wide open net!
3rd period, 5:49: Nurse can't quite play the puck and gets a glove to the face for his trouble as he falls to the ice.
3rd period, 5:19: Oilers ice the puck, and Edmonton has no time out because they lost the challenge earlier.
3rd period, 4:46: McDavid with a great play between defenders but he can't get it to Maroon.
3rd period, 4:28: Rinne covers it again after Maroon tries to deflect a Klefbom bomb from the blue line. Maroon looks stunned. Not emotionally, physically. He got involved after the play with Ryan Ellis who seems to have connected.
3rd period, 3:45: Klefbom did a neat little skating move to get the puck into the Preds zone.
3rd period, 3:33: It didn't matter, Preds got it back.
3rd period, 2:59: Sekera to Nuge. Nuge to...a player on the other team.
3rd period, 2:11: Wilson isn't fast enough. Nashville ices the puck. Will Talbot be staying in the crease?
3rd period, 2:10: Empty net.
3rd period, 2:02: Wilson on the faceoff tries for the empty net but misses. In other words, he ices it again. Can the Oilers capitalize?
3rd period, 1:52: With Nashville playing yesterday they should be the more fatigued team, which should give the Oilers an advantage with the 6-on-5.
3rd period, 1:43: Nashville shoots the puck down the ice again, because the Oilers suck in the faceoff circle.
3rd period, 0:55: Lucic fires the puck into the Nashville end and it pops back out.
3rd period, 0:38: Sekera wins the race and the Preds ice the puck again. It doesn't seem to matter. Oilers don't have enough pep.
3rd period, 0:15: Following a Nashville timeout (so now the Oilers "pep advantage" is even more weakened) the Oilers cycle and try to jam the puck into the net. Instead of a goal, Maroon gets a holding penalty. Ellis on his side uses his stick like Aragon to knock the flying puck out of the air and save a goal.
3rd period, 0:00: Game over. 5-4 Nashville Predators over the Edmonton Oilers.
6:11pm: As I start my 7th beer, I'm looking at this game as yet another missed opportunity. The Oilers fall to 33-22-8, 18-12-5 on the road, and against a team that was playing their second game in a back-to-back. Sure this is a team relatively good at those situations, but the Oilers failed to capitalize on a winnable game against a team below them in the standings. They started off strong, but were horribly outclassed during Nashville powerplays and this demoralized the team to the extent that they gave up their advantage in energy and speed that characterized the first half of the 1st period. They did storm back from a 4-2 deficit, which is good to see, but they didn't finish them off. They couldn't close the deal. 1992 Alec Baldwin wouldn't have given them any coffee. By the third period the Oilers looked like the tired out team, which regardless of the final score tonight doesn't reflect well on their chances in the playoffs. Being able to get a second/third/fourth/ninth wind is the hallmark of a good playoff team: for that, ignore the Kings and the Blackhawks and instead look at the 2006 Oilers. They always had another gear they could switch to (remember Hemsky vs Detroit or Samsonov vs the Sharks), and this team still doesn't. It needs it. Nashville showed that they have it, and the score (and the play in the 3rd period as a whole) reflects that.
6:12pm: This concludes this liveblog, thanks for all who joined us. Anybody with any thoughts or ideas on how the Oilers can improve are welcome to post them in the comments.